6 17 24 City Council Proceedings Official Special and Regular1
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special session at 5:15 p.m. on June 17, 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 special session of the City Council
called for the purpose of conducting a work session on equitable poverty prevention met-
rics.
WORK SESSION
Equitable Poverty Prevention Metrics Update
Director of the Office of Shared Prosperity and Neighborhood Support Anderson
Sainci, Data Analyst Braden Daniels, Greater Dubuque Development Corporation
(GDDC) President & CEO Rick Dickinson, Housing & Community Development Director
Alexis Steger, and Transportation Services Director Ryan Knuckey provided an update
on the state of poverty in the City of Dubuque and responded to questions from the City
Council. In response to questions about the presented data, Mr. Daniels said he could
offer additional information on income levels and reasons for mortgage application deni-
als. Mr. Daniels acknowledged the challenges of obtaining the data, given Dubuque's
small population and its small subgroups, but he expressed confidence in the data pro-
vided. Mr. Sainci stated that GDDC’s and Northeast Iowa Community College’s (NICC)
partnership on Opportunity Dubuque is addressing unemployment. Mr. Sainci advised the
City Council to utilize data during their annual goal setting.
There being no further business, Mayor Cavanagh declared the meeting adjourned at
6:27 p.m.
/s/Adrienne N. Breitfelder, City Clerk
2
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on June 17, 2024, in the sec-
ond-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Cavanagh; Council Members Farber, Jones, Resnick, Roussell, Sprank,
Wethal; City Manager Van Milligen, City Attorney Brumwell.
Mayor Cavanagh read the call and stated this is a regular session of the City Council called
for the purpose of conducting such business that may properly come before the City Council.
PLEDGE OF ALLEGIANCE
PRESENTATION(S)
1. Bee Branch Creek Railroad Culverts and Pedestrian Tunnel Project Award Presentation :
Project Manager Steve Sampson Brown introduced Mike Jansen and Eric Vieth of Strand As-
sociates, who presented the city with the 2024 American Council of Engineering Companies
(ACEC) Iowa Grand Prize Award and the 2024 ACEC Wisconsin Best of State Award from the
ACEC for the successful completion of the Bee Branch Creek Railroad Culverts and Pedestrian
Tunnel Project.
PROCLAMATION(S)
1. Juneteenth National Independence Day (June 19, 2024) was accepted by Multicultural
Family Center Director Antonio Mouzon and Multicultural Family Center Board Member Clau-
dette Bees on behalf of the Multicultural Family Center.
CONSENT ITEMS
Council Member Wethal requested Item No. 9 be held for separate discussion. Motion by
Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated,
except for Item No. 9. Seconded by Farber. Motion carried 7-0.
1. Minutes and Reports Submitted: City Council Proceedings of May 29 and June 3, 2024;
Civil Service Commission of June 5, 2024; Equity and Human Rights Commission of April 9,
2024; Zoning Advisory Commission of May 1, 2024; Zoning Advisory Commission Unapproved
Minutes of June 5, 2024; Proof of Publication for City Council Proceedings of May 6, May 13,
and May 20, 2024. Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Gregory and Jackie Chapman for vehicle damage; Jonathan
Denham for vehicle damage; Lucas Gonyier for property damage; Schneider National Carriers
for property 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
3
to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool:
Gregory and Jackie Chapman for vehicle damage; Jonathan Dehman for vehicle damage; Lu-
cas Gonyier for property damage; Schneider National Carriers for property damage . Upon mo-
tion the documents were received, filed, and concurred.
4. Approval of City Expenditures: Upon motion the documents were received and filed, and
Resolution No. 180-24 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 proce-
dures was adopted.
RESOLUTION NO. 180-24
AUTHORIZING THE CHIEF FINANCIAL OFFICER / CITY TREASURER TO MAKE CERTAIN
PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT IN AC-
CORDANCE WITH CITY PROCEDURES
Whereas, Section 1-7-7(E) of the Municipal Code of the City of Dubuque provides that the
Finance Director-City Treasurer shall keep an accurate account of all disbursements, money, or
property, specifying date, to whom, and from what fund paid; and
Whereas, the invoices, presented by those firms and persons providing such goods and ser-
vices have been pre-audited by Finance Department personnel in accordance with generally
accepted internal control procedures and have been determined to have been requ isitioned for
a lawful municipal purpose; and
Whereas, the Chief Financial Officer-City Treasurer has provided a list of Expenditures at-
tached hereto, and by this reference made a part hereof, to be drawn to pay for goods and
services provided for City purposes; and
Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142 -18
adopted May 7, 2018, authorized the Chief Financial Officer -City Treasurer to issue checks in
payment of certain expenditures known as Exception Expenditures prior to City Council approval
and such list is attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA THAT:
Section 1. The Chief Financial Officer-City Treasurer is hereby authorized to issue payment
for goods and services provided for City purposes in response to the purchase orders and con-
tracts issued in compliance with state and municipal code requirements as requested by desig-
nated requisitioning authorities in accordance with approved budget appropriations.
Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Chief Finan-
cial Officer are hereby authorized and directed to provide the statement of receipts and dis-
bursements to the City Council, and to publish a summary thereof.
Passed, approved, and adopted this 17th day of June 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
5. Walmart, Inc. and Wal-Mart Real Estate Business Trust 2023 Property Tax Appeal Stipu-
lation of Settlement Notice: Senior Counsel transmitted notice of a Stipulation of Settlement for
a 2023 property tax appeal filed by Walmart, Inc. and Wal -Mart Real Estate Business Trust for
their property located at Parcel No. 1028352901. Upon motion the documents were received
and filed.
6. Walmart, Inc. and Sam's Real Estate Business Trust 2023 Property Tax Appeal Stipulation
of Settlement: Senior Counsel transmitted notice of a Stipulation of Settlement for a 2023
4
property tax appeal filed by Walmart, Inc. and Sam's Real Estate Business Trust for their prop-
erty located at 4400 Asbury Road. Upon motion the documents were received and filed.
7. Tax Appeal Rulings - Comfort Inn and Baymont Inn: Senior Counsel provided a copy two
recent rulings by the Iowa Property Assessment Appeal Board upholding the City of Dubuque
Board of Review January 1, 2023, assessed values for the Comfort Inn at 4055 McDonald Drive
and the Baymont Inn at 4024 McDonald Drive. Upon motion the documents were received and
filed.
8. Update on 2023 and 2024 Property Tax Appeals: Upon motion the documents were re-
ceived and filed.
9. Contracted Service Agreements Fiscal Year 2025: Council Member Wethal stated that she
would abstain from voting on this item because her father serves as the President and CEO of
GDDC. Motion by Jones to receive and file the documents and approve the contracted services
agreements with the following agencies and authorize the Mayor to execute the contracts on
behalf of the City: Dubuque Area Labor-Management Council, Dubuque Dream Center, Dubu-
que Main Street, Fountain of Youth Program, Four Mounds Foundation to manage the Dubuque
Winter Farmers Market, Greater Dubuque Development Corporation, and Travel Dubuque. Se-
conded by Resnick. Motion carried 6-0 with abstention from Wethal.
10. Contracted Service Agreements Fiscal Year 2025 for Community Foundation of Greater
Dubuque: City Attorney recommended City Council approve the attached Contracted Services
Agreements with the Community Foundation of Greater Dubuque for Inclusive Dubuque and
Project HOPE and authorizes the Mayor to execute the contracts on behalf of the City. Upon
motion the documents were received, filed, and approved.
11. July/August 2024 City News Newsletter: Upon motion the documents were received and
filed.
12. Corrected Fiscal Year 2025 Dollars & Cents Brochure : City Manager provided a copy of
the corrected Fiscal Year 2025 Dollars and Cents brochure. This updated version displays the
correct FY25 City Property Tax Payment for the average residential property of $855.82. A pre-
vious version of the brochure listed an incorrect amount of $885.22. Upon motion the documents
were received and filed.
13. Dubuque Jaycees Fireworks Permit: City Manager recommended City Council approval
to issue a permit to the Dubuque Jaycees for a fireworks display on July 3, 2024, with a rain
date of July 4, 2024. Upon motion the documents were received, filed, and approved.
14. Dubuque Golf and Country Club Fireworks Permit: City Manager recommended City
Council approval to issue a permit to the Dubuque Golf and Country Club for a fireworks display
on July 4, 2024, with a rain date of July 5, 2024. Upon motion the documents were received,
filed, and approved.
15. Fiscal Year 2025 Purchase of Services Grant Recommendations & Agreements : Upon
motion the documents were received and filed, and Resolution No. 181 -24 Authorizing execu-
tion of FY25 Purchase of Services Grant Agreement to Four Mounds Foundation ; Resolution
No. 182-24 Authorizing execution of FY25 Purchase of Services Grant Agreement to Four Oaks
5
Family and Children’s Services; Resolution No. 183-24 Authorizing execution of FY25 Purchase
of Services Grant Agreement to Iowa Legal Aid ; Resolution No. 184-24 Authorizing execution
of FY25 Purchase of Services Grant Agreement to Northeast Iowa Area Agency on Aging, Inc.;
Resolution No. 185-24 Authorizing execution of FY25 Purchase of Services Grant Agreement
to Presentation Lantern Center; Resolution No. 186-24 Authorizing execution of FY25 Purchase
of Services Grant Agreement to St. Mark Youth Enrichment; Resolution No. 187-24 Authorizing
execution of FY25 Purchase of Services Grant Agreement to Waypoint were adopted.
RESOLUTION NO. 181-24
AUTHORIZING EXECUTION OF FY25 PURCHASE OF SERVICES GRANT AGREEMENT
TO FOUR MOUNDS FOUNDATION
Whereas, Four Mounds Foundation prepared and submitted requests to provide support for
human service programs in the City of Dubuque; and
Whereas, the City Council approved the Fiscal Year 2025 budget that included the Purchase
of Services allocation; and
Whereas, the submissions have been approved by the Community Development Advisory
Commission on May 15, 2024; and
Whereas, all services provided will be to a minimum of 51% low/moderate income residents.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That the Funding Approval/Agreements, authorized by the Community Develop-
ment Advisory Commission beginning July 1, 2024, for Purchase of Services Grant to Four
Mounds Foundation be approved.
Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to desig-
nate the City Manager or the Housing and Community Development Department Director to
execute said Agreement and related documents on behalf of the City of Dubuque, Iowa.
Passed, approved, and adopted this 17th day of June 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
RESOLUTION NO. 182-24
RESOLUTION AUTHORIZING EXECUTION OF FY25 PURCHASE OF SERVICES GRANT
AGREEMENT TO FOUR OAKS FAMILY AND CHILDREN’S SERVICES
Whereas, Four Oaks Family and Children’s Services prepared and submitted requests to
provide support for human service programs in the City of Dubuque; and
Whereas, the City Council approved the Fiscal Year 2025 budget that included the Purchase
of Services allocation; and
Whereas, the submissions have been approved by the Community Development Advisory
Commission on May 15, 2024; and
Whereas, all services provided will be to a minimum of 51% low/moderate income residents.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That the Funding Approval/Agreements, authorized by the Community Develop-
ment Advisory Commission beginning July 1, 2024, for Purchase of Services Grant to Four Oaks
Family and Children’s Services be approved.
Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to desig-
nate the City Manager or the Housing and Community Development Department Director to
execute said Agreement and related documents on behalf of the City of Dubuque, Iowa.
Passed, approved, and adopted this 17th day of June 2024.
6
Brad M. Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
RESOLUTION NO. 183-24
AUTHORIZING EXECUTION OF FY25 PURCHASE OF SERVICES GRANT AGREEMENT
TO IOWA LEGAL AID
Whereas, Iowa Legal Aid prepared and submitted requests to provide support for human
service programs in the City of Dubuque; and
Whereas, the City Council approved the Fiscal Year 2025 budget that included the Purchase
of Services allocation; and
Whereas, the submissions have been approved by the Community Development Advisory
Commission on May 15, 2024; and
Whereas, all services provided will be to a minimum of 51% low/moderate income residents.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That the Funding Approval/Agreements, authorized by the Community Develop-
ment Advisory Commission beginning July 1, 2024, for Purchase of Services Grant to Iowa
Legal Aid be approved.
Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to desig-
nate the City Manager or the Housing and Community Development Department Director to
execute said Agreement and related documents on behalf of the City of Dubuque, Iowa.
Passed, approved, and adopted this 17th day of June 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
RESOLUTION NO. 184-24
RESOLUTION AUTHORIZING EXECUTION OF FY25 PURCHASE OF SERVICES GRANT
AGREEMENT TO NORTHEAST IOWA AREA AGENCY ON AGING, INC.
Whereas, Northeast Iowa Area Agency on Aging, Inc. prepared and submitted requests to
provide support for human service programs in the City of Dubuque; and
Whereas, the City Council approved the Fiscal Year 2025 budget that included the Purchase
of Services allocation; and
Whereas, the submissions have been approved by the Community Development Advisory
Commission on May 15, 2024; and
Whereas, all services provided will be to a minimum of 51% low/moderate income residents.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That the Funding Approval/Agreements, authorized by the Community Develop-
ment Advisory Commission beginning July 1, 2024, for Purchase of Services Grant to Northeast
Iowa Area Agency on Aging, Inc. be approved.
Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to desig-
nate the City Manager or the Housing and Community Development Department Director to
execute said Agreement and related documents on behalf of the City of Dubuque, Iowa.
Passed, approved, and adopted this 17th day of June 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
RESOLUTION NO. 185-24
7
AUTHORIZING EXECUTION OF FY25 PURCHASE OF SERVICES GRANT AGREEMENT
TO PRESENTAION LANTERN CENTER
Whereas, Presentation Lantern Center prepared and submitted requests to provide support
for human service programs in the City of Dubuque; and
Whereas, the City Council approved the Fiscal Year 2025 budget that included the Purchase
of Services allocation; and
Whereas, the submissions have been approved by the Community Development Advisory
Commission on May 15, 2024; and
Whereas, all services provided will be to a minimum of 51% low/moderate income residents.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That the Funding Approval/Agreements, authorized by the Community Develop-
ment Advisory Commission beginning July 1, 2024, for Purchase of Services Grant to Presen-
tation Lantern Center be approved.
Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to desig-
nate the City Manager or the Housing and Community Development Department Director to
execute said Agreement and related documents on behalf of the City of Dubuque, Iowa.
Passed, approved, and adopted this 17th day of June 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
RESOLUTION NO. 186-24
AUTHORIZING EXECUTION OF FY25 PURCHASE OF SERVICES GRANT AGREEMENT
TO ST. MARK YOUTH ENRICHMENT
Whereas, St. Mark Youth Enrichment prepared and submitted requests to provide support
for human service programs in the City of Dubuque; and
Whereas, the City Council approved the Fiscal Year 2025 budget that included the Purchase
of Services allocation; and
Whereas, the submissions have been approved by the Community Development Advisory
Commission on May 15, 2024; and
Whereas, all services provided will be to a minimum of 51% low/moderate income residents.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That the Funding Approval/Agreements, authorized by the Community Develop-
ment Advisory Commission beginning July 1, 2024, for Purchase of Services Grant to St. Mark
Youth Enrichment be approved.
Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to desig-
nate the City Manager or the Housing and Community Development Department Director to
execute said Agreement and related documents on behalf of the City of Dubuque, Iowa.
Passed, approved, and adopted this 17th day of June 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
RESOLUTION NO. 187-24
AUTHORIZING EXECUTION OF FY25 PURCHASE OF SERVICES GRANT AGREEMENT
TO WAYPOINT
Whereas, Waypoint prepared and submitted requests to provide support for human service
programs in the City of Dubuque; and
Whereas, the City Council approved the Fiscal Year 2025 budget that included the Purchase
8
of Services allocation; and
Whereas, the submissions have been approved by the Community Development Advisory
Commission on May 15, 2024; and
Whereas, all services provided will be to a minimum of 51% low/moderate income residents.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That the Funding Approval/Agreements, authorized by the Community Develop-
ment Advisory Commission beginning July 1, 2024, for Purchase of Services Grant to Waypoint
be approved.
Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to desig-
nate the City Manager or the Housing and Community Development Department Director to
execute said Agreement and related documents on behalf of the City of Dubuque, Iowa.
Passed, approved, and adopted this 17th day of June 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
16. First Amendment to CDBG Subrecipient Agreement between the City of Dubuque and
Catholic Charities of the Archdiocese of Dubuque : Upon motion the documents were received
and filed, and Resolution No. 188 -24 Authorizing the First Amendment to the CDBG Subrecipi-
ent Agreement between the City of Dubuque and Catholic Charities of the Archdiocese of Dubu-
que was adopted.
RESOLUTION NO. 188-24
AUTHORIZING THE FIRST AMENDMENT TO THE CDBG SUBRECIPIENT AGREEMENT
BETWEEN THE CITY OF DUBUQUE AND CATHOLIC CHARITIES OF THE ARCHDIOCESE
OF DUBUQUE
Whereas, the City of Dubuque and Catholic Charities of the Archdiocese of Dubuque entered
into a CDBG Subrecipient Agreement dated September 18, 2023 with respect to a rehab to
completely replace and modernize two electric elevators; and
Whereas, the parties desire to modify the Subrecipient Agreement as set out in the First
Amendment to the Subrecipient Agreement attached hereto; and
Whereas, the Ecumenical Tower provides services to a minimum of 51% low/moderate in-
come residents, meeting the CDBG National Objective of Low/Mod -Income Housing benefit,
and eligible activity of 14B: Rehab, Multi-Unit Residential.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA THAT:
Section 1. That the First Amendment to the CDBG Subrecipient Agreement be approved.
Section 2. That the Mayor of the City of Dubuque is hereby authorized to execute the First
Amendment.
Section 3. That the Mayor of the City of Dubuque Iowa is hereby authorized and directed to
designate the City Manager or the Housing and Community Development Department Director
to execute said Amendment and related documents on behalf of the City of Dubu que, Iowa.
Passed, approved, and adopted this 17th day of June 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
17. Agreement between the City of Dubuque and Rabbit Hollow Nature Conservancy, Inc. for
the Grant of Easements for Sanitary Sewer Utility and Sanitary Sewer Access for the Phase
One Old Mill Road Lift Station Project: Upon motion the documents were received and filed, and
9
Resolution No. 189-24 Approving an Agreement by and between the City of Dubuque, Iowa and
Rabbit Hollow Nature Conservancy, Inc. for the Grant of Easements for Sanitary Sewer Utility
and Sanitary Sewer Access for the Old Mill Rd. Lift Station Project was adopted.
RESOLUTION NO. 189-24
APPROVING AN AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND
RABBIT HOLLOW NATURE CONSERVANCY, INC. FOR THE GRANT OF EASEMENTS
FOR SANITARY SEWER UTILITY AND SANITARY SEWER ACCESS FOR THE OLD MILL
RD. LIFT STATION PROJECT
Whereas, Rabbit Hollow Nature Conservancy, Inc. is the owner of the following described
real property in Dubuque County, Iowa:
Parts of Lot A of Old Mill Subdivision No. 3 and Lot 2 of McNamer Acres #4, in the City of
Dubuque, Iowa, as shown on Exhibit A attached hereto and by reference made a part
hereof;
Parts of Lot 2 of Rabbit Hollow Place and Lot 1 of Rabbit Hollow Place # 2, in the City of
Dubuque, Iowa, as shown on Exhibit B attached hereto and by reference made a part
hereof;
Parts of Lot 2 of Rabbit Hollow Place # 2, in the City of Dubuque, Iowa, as shown on Exhibit
C attached hereto and by reference made a part hereof;
Parts of Lot 2 of Rabbit Hollow Place and Lot 1 of Rabbit Hollow Place # 2 and Lot 1 of
Rabbit Hollow Place # 7, in the City of Dubuque, Iowa, as shown on Exhibit D attached
hereto and by reference made a part hereof;
Parts of Lots 1, 2, 3, and 4 of Faldorf-Dockal Woodland Preserve, in the City of Dubuque,
Iowa, as shown on Exhibit E attached hereto and by reference made a part hereof; and
Whereas, the purchase of easements on the above -described property as set forth in the
attached Agreement for the Grants of Easements by the City of Dubuque is necessary for the
construction of the Old Mill Rd. Lift Station Project; and
Whereas, the City Council of the City of Dubuque finds that the purchase of the easements
is in the best interest of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA AS FOLLOWS:
Section 1. The Agreement for the Grants of Easements is hereby approved.
Section 2. Upon receipt by Rabbit Hollow Nature Conservancy, Inc. of consideration recited
in the Grants of Easements, Rabbit Hollow Nature Conservancy, Inc. shall deliver the Grants of
Easements to the City.
Section 3. The City Manager is authorized and directed to take such action as is necessary
to carry out the purchase of the Grants of Easements.
Passed, approved and adopted this 17th day of June 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
18. Purchase Agreement between the City of Dubuque, Rabbit Hollow Nature Conservancy,
Inc. and Iowa Natural Heritage Foundation: Upon motion the documents were received and
filed, and Resolution No. 190-24 Approving a Purchase Agreement between the City of Dubu-
que, Rabbit Hollow Nature Conservancy, Inc. and Iowa Natural Heritage Foundation and au-
thorizing the acceptance of the deed to certain real estate in Dubuque County, Iowa was
adopted.
RESOLUTION NO. 190-24
10
APPROVING A PURCHASE AGREEMENT BETWEEN THE CITY OF DUBUQUE, RABBIT
HOLLOW NATURE CONSERVANCY, INC. AND IOWA NATURAL HERITAGE FOUNDA-
TION AND AUTHORIZING THE ACCEPTANCE OF THE DEED TO CERTAIN REAL ESTATE
IN DUBUQUE COUNTY, IOWA
Whereas, Rabbit Hollow Nature Conservancy, Inc. (Rabbit Hollow) is the owner of the follow-
ing described real property:
Lot 2 of Lot 2 of Lot 1 of Mineral Lot 507, in the City of Dubuque, Iowa (the Property); and
Whereas, City, Rabbit Hollow and Iowa Natural Heritage Foundation have tentatively entered
into a Purchase Agreement for the Property, a copy of which is attached hereto, subject to City
Council approval; and
Where the City Council finds that it is in the best interests of the City of Dubuque to approve
the Purchase Agreement and accept the Deed from Rabbit Hollow.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE AS FOLLOWS:
Section 1. The Purchase Agreement is hereby approved.
Section 2. The Mayor is hereby authorized and directed to sign the Purchase Agreement on
behalf of the City of Dubuque and to take such action as may be necessary to carry out the
terms of the Purchase Agreement.
Section 3. The City Clerk is hereby authorized to accept the Deed from Rabbit Hollow Nature
Conservancy, Inc. and to record the Deed with the Dubuque County Recorder.
Passed, approved and adopted this 17th day of June 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
19. Althauser St. Retaining Wall Repair Project (PROJECT 5524000003, 4281000005): Upon
motion the documents were received and filed, and Resolution No. 191 -24 Accepting the Al-
thauser St. Retaining Wall Repair Project and authorizing final payment to the contractor was
adopted.
RESOLUTION NO. 191-24
ACCEPTING THE ALTHAUSER ST. RETAINING WALL REPAIR PROJECT AND AUTHOR-
IZING FINAL PAYMENT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the Althauser St. Retaining Wall Repair Pro-
ject (the Project) has been completed by the contractor, Tschiggfrie Excavating Co. (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 $181,329.39; and
Whereas, the Contractor has previously been paid $171,502.92, leaving a balance of
$9,826.47; 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 DUBU-
QUE, 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 $9,826.47 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 17th day of June 2024.
11
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
20. Signed Contract(s): CivicPlus for Agenda and Meeting Management Select. Upon motion
the documents were received and filed.
21. Improvement Contracts / Performance, Payment and Maintenance Bonds: Drew Cook &
Sons Excavating Company, Inc. for the 2024 ADA Sidewalk Curb Ramp Project Four. Upon
motion the documents were received, filed, and approved.
22. Jule Purchase of Three (3) Paratransit Buses: Upon motion the documents were received,
filed, and approved.
23. Plat of Survey of Oberbroeckling Subdivision No. 3 : Upon motion the documents were
received and filed, and Resolution No. 192-24 Approving the Final Plat of Oberbroeckling Sub-
division No. 3, Dubuque County, Iowa was adopted.
RESOLUTION NO. 192-24
APPROVING THE FINAL PLAT OF OBERBROECKLING SUBDIVISION NO. 3, DUBUQUE
COUNTY, IOWA
Whereas, there has been filed with the City Clerk a Final Plat of Oberbroeckling Subdivision
No. 3, Dubuque County, Iowa; and
Whereas, said Final Plat has been examined by the Zoning Advisory Commission and its
approval has been endorsed thereon; and
Whereas, said Final Plat has been examined by the City Council and they find that it conforms
to the statutes and ordinances relating thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That the Final Plat of Oberbroeckling Subdivision No. 3 Dubuque County, Iowa is
hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse
the approval of the City of Dubuque, Iowa upon said Final Plat.
Passed, approved and adopted this 17th day of June 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
24. Iowa Department of Inspections and Appeals New Interagency Agreement : City Manager
recommended City Council approve the 28E agreement with the Iowa Department Inspections
and Appeals for inspections, performance of food and hotel licensing, and enforcement with
respect to retail food establishments. Upon motion the documents were received, filed, and ap-
proved.
25. Food and Drug Administration (FDA) Long-Term Limited Scope Food, Feed and Cosmet-
ics Information Sharing Agreement (ISA): City Manager recommended City Council approve the
five-year 20.88 agreement with the FDA and authorize the City Manager to sign the agreement.
Upon motion the documents were received, filed, and approved.
26. Private Hauler Waste Disposal Fee Changes for Fiscal Year 2025 : Upon motion the doc-
uments were received and filed, and Resolution No. 193 -24 Establishing the schedule of rates
for the disposal of private hauled waste to the Water & Resource Recovery Center as provided
12
for in 13-2B-8(F) of the City of Dubuque Code of Ordinances was adopted.
RESOLUTION NO. 193-24
ESTABLISHING THE SCHEDULE OF RATES FOR THE DISPOSAL OF PRIVATE HAULED
WASTE TO THE WATER & RESOURCE RECOVERY CENTER AS PROVIDED FOR IN 13 -
2B-8(F) OF THE CITY OF DUBUQUE CODE OF ORDINANCES
Whereas, the Water & Resource Recovery Center (WRRC) provides wastewater treatment
for residential, commercial, and industrial users in the city of Dubuque and surrounding areas;
and
Whereas, the WRRC receives wastewater through the sanitary sewer collection system and
permitted waste hauled to the treatment facility; and
Whereas, hauled waste can be categorized as domestic septage; high strength waste (waste
with higher levels of pollutants than domestic waste); fats, oils, and grease (FOG); and inorganic
waste.
Whereas, provided for in 13-2B-8(F) of the City Code of Ordinances, the rate to be charged
for domestic sewage discharged at the wastewater plant by private haulers shall be established
by resolution.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. Establishes the rates for the disposal of private hauled waste at the WRRC pursu-
ant to the schedule of rates as follows:
Private Hauled Waste Disposal Rate Schedule
High Strength Waste - $0.080 per gallon
Fats, Oils, & Grease (FOG) - $0.063 per gallon
Septage (originating within city limits) - $0.090 per gallon
Septage (originating outside city limits) - $0.120 per gallon
Inorganic waste (e.g., car wash grit) - $0.050 per pound
Section 2. The given rate schedule shall take effect on July 1, 2024.
Passed, approved and adopted this 17th day of June 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
27. Water Resource Recovery Center Facility Plan Development Request to release an RFQ
to hire engineering consultant: Upon motion the documents were received, filed, and approved.
28. City of Dubuque Consumer Confidence Water Quality Report 2024: Upon motion the
documents were received and filed.
29. Certified List - Police Officer: Civil Service Commission submitted the certified list for the
position of Police Officer. Upon motion the documents were received, filed, and made a matter
of record.
June 5, 2024
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Police
Officer was administered on May 11, 2024. We, The Civil Service Commission, hereby certify
that the individuals listed below have passed the written examination or are using a valid transfer
score and any vacancies for the position of Police Officer should be filled from this list and that
this list is good through March 12, 2025.
13
Police Officer
1. Colton Bach – Transfer Score, 2. Alyssa Barrantes – Transfer Score, 3. Daniel Brimmer –
Transfer Score, 4. Christopher Chase, 5. David DeMarais, 6. Sebastian Fox, 7. Richard Kal-
pinski, 8. Joseph Kimball, 9. Marcus Leitzen – Transfer Score, 10. Camerin McClain, 11. John
Michel – Transfer Score, 12. Melissa Seaman – Transfer Score, 13. Nicholas Smith, 14. Derick
Sweney, 15. Jaycob Thompson – Transfer Score, 16. Drake Wedel, 17. Dave Weis III – Transfer
Score
Respectfully Submitted,
/s/ Danial White
Civil Service Commissioner
30. Retail Alcohol License Refund: Request from The Bridge Restaurant, located at 31 Locust
Street, for a refund of Retail Alcohol License No. LC0026818 in the amount of $406.25 due to
business closing. Upon motion the documents were received, filed, and approved.
31. Approval of Retail Alcohol Licenses: Upon motion the documents were received and filed,
and Resolution No. 194-24 Approving applications for retail alcohol licenses, as required by City
of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor
Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted.
RESOLUTION NO. 194-24
APPROVING APPLICATIONS FOR RETAIL ALCOHOL LICENSES, AS REQUIRED BY CITY
OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULA-
TIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQUOR, BEER AND WINE LI-
CENSES AND PERMITS
Whereas, applications for retail alcohol licenses have been submitted and filed with the City
Council for approval, and the same have been examined, provisionally approved, and/or ap-
proved; and
Whereas, the premises to be occupied by such applicants were inspected and found to com-
ply with the Ordinances of the City, and the applicants have filed the proper fees and bonds and
otherwise complied with the requirements of the Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA THAT:
Section 1. The City Clerk is hereby authorized and directed to cause to be issued at the noted
premise address to the following applicants pending submission of the locally required docu-
mentation:
New Applications
E.J's Wine Shop 955 Washington St.
Jesters Lounge 333 East 10th St LL6
Renewals
7 Hills Brewing Co, LLC 1085 Washington St. & 1098
Jackson St.
Adobo's Mexican Grill 756 Main St
American Legion Post 6 1306 Delhi St.
Beecher Wine and Spirit 1691 Asbury Rd.
Diamond Jo Casino 301 Bell St.
14
Dubuque Bowling Lanes 1029 1/2 Main St.
Fischer Lanes 880 Locust St.
Five Flags Center 405 Main St.
Fox Den Motel 920 Main St.
Jubeck New World Brewing LLC 115 West 11th St.
Kwik Star 236 2035 John F. Kennedy Rd
Los Aztecas Iii Mexican Restaurant 2345 NW Arterial
Oolong Asia Cuisine 145 West 11th
Paul's Tavern 176 Locust St.
Pioneer's Rest Area 4900 Old Highway Rd.
Smokestack 62 East 7th St.
The Grand Opera House 135 West 8th St.
Special Event(s) per Special Event Application Submittal, Provisional Issuances
Dimensional Brewing - Expanding outdoor service: 6-
11-24, 6-12-24
1 block of Main St. from West 1st
St, south to the end of Main, in
conjunction with Travel Dubuque
Special Event
E3021 – UD Party with Sparty - 6-25-24 to 6-29-24 Patio between Algona and
McCormick Streets, formally
Grace Street. Rain Location –
Welcome Center Lobby
Jubeck New World Brewing Expanding outdoor ser-
vice: 6-1-24, 6-8-24, 6-15-24, 6-29-24
115 West 11th St.
Passed, approved, and adopted this 17th day of June 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
32. Approval of Retail Tobacco, Alternative Nicotine, and Vapor Product Permit Applications:
Upon motion the documents were received and filed, and Resolution No. 195 -24 Approving
applications for retail permits to sell Tobacco, Tobacco Products, Alternative Nicotine Products,
and Vapor Products, as required by Iowa Code §453A.47A was adopted.
RESOLUTION NO. 195-24
APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES / NICOTINE /
VAPOR PERMITS, AS REQUIRED BY IOWA CODE 453A.47A
Whereas, applications for Cigarette/Tobacco/Nicotine/Vapor Permit Sales have been submit-
ted 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, the Iowa Department of Revenue requires all applications be approved by the City
Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA THAT:
Section 1. The City Clerk is hereby authorized and directed to cause to be issued the following
named applicants and locations for Cigarette/Tobacco/Nicotine/Vapor retail permit.
Effective from: July 1, 2024, to June 30, 2025
15
Business Name Business Address
Beecher Liquor 1691 Asbury Rd.
Central Grocery and Beauty 1572 Central Ave
Dollar General Store #10074 2440 Gateway Dr.
Dollar General Store #6896 605 West Locust St.
Dollar General Store #7289 3250 Kennedy Cir Ste 8
Dubuque Discount Gas 10 South Main St.
Dubuque Mining Co. 555 John F. Kennedy Rd. #600
Dubuque Tobacco and Grocery 1248 Iowa Street
Dubuque Wine and Spirits 2013 Central Ave. #2
Dubuque Wine and Spirits 3305 Asbury Rd.
Fas Mart #5159 2175 Central Ave.
Fuel Express Food Mart 250 West 1st Street
Kwik Star 1184 1180 Kerper Crt.
Liquor Tobacco and Grocery 1998 Jackson St
Pink Clouds Smoke Shop 3301 Pennsylvania Ave
Pink Clouds Smoke Shop 4835 Asbury Rd.
Pioneer's Rest Stop 4900 Old Hwy Rd.
Super Stop IV 535 Hill St. Suite A
The Altered State 1523 Central Ave.
United Cigar and Tobacco 333 East 10th St.
Walgreens #11942 345 East 20th St.
Walgreens #6154 2260 John F. Kennedy Rd.
Walgreens #9708 55 John F. Kennedy Rd.
Passed, approved, and adopted this 17th day of June 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
BOARDS/COMMISSIONS
Applications were reviewed for the following Boards and Commissions. Applicants were in-
vited to address the City Council regarding their desire to serve on the following Boards/Com-
missions.
Arts and Cultural Affairs Advisory Commission: One, 3-Year term through June 30, 2027
(Expiring Business Professional term of Chesney). Applicants: Georgina Guerrero, 245 Prince-
ton Pl.; Fraco Menchaca, 2685 Raven Oaks; Nikkole Nutter, 305 Clarke Dr.
Board of Library Trustees: One, 4-Year term through July 1, 2028 (Expiring term of Monk).
Applicant: Christina Monk, 2770 Van Buren St.
Cable Television Commission: One, 3-Year term through July 1, 2027 (Expiring term of
Tigges). Applicant: Jennifer Tigges, 4927 Wild Flower Dr.
Civic Center Advisory Commission: Two, 3-Year terms through June 29, 2027 (Expiring terms
16
of Jacobs and Parks). Applicants: Pamela Birch, 1910 Amelia Dr.; Bryce Parks, 2770 Van Buren
St.
Equity and Human Rights Commission: Two, 3-Year terms through January 1, 2027 (Expired
terms of Heiar and Link). Applicants: Rick Baumhover, 601 Garfield Ave.; David Heiar, 805 Car-
riage Hill Dr.; Nikkole Nutter, 305 Clarke Dr.; Ashley Regan, 1100 N. Booth St.
Historic Preservation Commission: One, 3-Year term through July 1, 2027 (Expiring term of
Gau). Applicant: Tim Gau, 2529 Windsor Ave.
Housing Appeals and Mediation Board: One, 3-Year term through January 1, 2027 (Vacant
term of Spence). Applicant: January Tylor, 2828 Jackson St.
Investment Oversight Advisory Commission: One, 3-Year term through July 1, 2027 (Expiring
term of Valaskey). Applicant: Molly Valaskey, 1385 Alta Vista St. City Clerk Breitfelder confirmed
receipt of input from Ms. Valaskey in support of her application.
Long Range Planning Advisory Commission: One, 3-Year term through July 1, 2027 (Expiring
term of Stoffel). Applicant: Aaron Miller, 75 Fremont Ave. Mr. Miller spoke in support of his ap-
plication.
Park and Recreation Advisory Commission: One, 3-Year term through June 30, 2027 (Expir-
ing term of Tigges). Applicants: Tyler Dahlstrom, 1085 Vernon St.; Jennifer Tigges, 4927 Wild
Flower Dr.
Zoning Advisory Commission: One, 3-Year term through July 1, 2027 (Expiring term of Rus-
sell). Applicant: Rich Russell, 2045 Embassy Way Dr.
Airport Zoning Commission: One Cross Representative whose term will coincide with their
term on the cross represented board or commission (Vacant Cross Representative Member
term of Russell). Applicant: Rich Russell, 2045 Embassy Way Dr.
PUBLIC HEARINGS
1. Request to Rezone Millstone Drive: Motion by Jones to receive and file the documents and
that the requirement that a proposed ordinance be considered and voted on for passage at two
Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by
Wethal. Planning Services Director Wally Wernimont provided a staff report. Applicant Pat
Ready spoke about the current zoning of the property and vehicle access. Jackie Baumhover,
2680 Millstone Dr. and Linda Anderson, 2668 Millstone Dr. spoke in opposition to the rezon ing,
stating concerns about stormwater drainage and parking. Mark Elenz, 2505 Wheatland Dr.,
stated his support for the rezoning based on the condition issued by the Zoning Advisory Com-
mission that the property be limited to six (6) total dwelling units regardless of future subdivi-
sion(s). City Clerk Breitfelder announced that written input was received by Robert and Jennifer
Weber. Responding to questions from the City Council, Mr. Wernimont stated that the street will
function as a private driveway to be managed by a homeowner’s association. Mr. Wernimont
summarized the development review process and the Zoning Advisory Commission’s condition
of approval. Mr. Ready referenced a map of the property and indicated which areas of the prop-
erty would be turf. City Council Members expressed support for the rezoning, stating that the
17
condition issued by the Zoning Advisory Commission is a reasonable compromise. City Council
Members further stated that resident input identifies areas of focus for the property, such as
stormwater management. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 17-24 Amending Title
16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying
hereinafter described property located at the Terminus of Millstone Drive (1016329042) from R-
1 Single-Family Residential District to R-3 Moderate Density Multi-Family Residential District
with conditions as established in the attached Memorandum of Agreement . Seconded by
Wethal. Motion carried 7-0.
ORDINANCE NO. 17-24
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DE-
VELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LO-
CATED AT THE TERMINUS OF MILLSTONE DRIVE (1016329042) FROM R-1 SINGLE-FAM-
ILY RESIDENTIAL DISTRICT TO R-3 MODERATE DENSITY MULTI-FAMILY RESIDENTIAL
DISTRICT WITH CONDITIONS AS ESTABLISHED IN THE ATTACHED MEMORANDUM OF
AGREEMENT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, is hereby amended by reclassifying the hereinafter–described property from R-1 Single-
Family Residential District to R-3 Moderate Density Multi-Family Residential District with condi-
tions, to wit:
Lot A in Harvest View Estates Eleventh Addition and to the centerline of the adjoining
public right-of-way, all in the City of Dubuque, Iowa.
Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advi-
sory Commission of the City of Dubuque, Iowa.
Section 3. This Ordinance shall take effect immediately upon publication as provided by law.
Passed, approved and adopted this 17th day of June, 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
2. Request to Rezone Wood Street: 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 Sprank. Planning Services Director Wally Wernimont provided a staff report. Applicant Eric
Dregne, 408 Park Ave., Galena, IL, provided input on the neighborhood meeting hosted by Hab-
itat for Humanity and the ongoing discussions the organization was engaged in with residents.
Sam Moore, 1795 Lawndale St.; and Will Gross, 1799 Lawndale St., spoke in opposition to the
rezoning, citing loss of trees and expressing concerns with the ordinance. Carla Anderson, 1131
Main St., Board President for Habitat for Humanity, spoke in support of the rezoning, stating that
it will result in affordable housing. City Clerk Breitfelder announced that written input was re-
ceived by Michael Keck. Responding to questions from the City Council, Mr. Dregne stated that
six homes are planned for the first phase of the project . Mr. Dregne provided details on the
home specifications and mentioned that public access to the greenspace would be decided by
the homeowners' association. Responding to a question regarding restricted covenants, Mr.
Wernimont stated that they are private agreements that do not involve the city. City Council
Members expressed support for the rezoning, stating that the proposed development was a
good fit for the property. Motion carried 7-0.
18
Motion by Roussell for final consideration and passage of Ordinance No. 18-24 Amending
Title 16 of the Unified Development Code of the City of Dubuque Code of Ordinances by reclas-
sifying hereinafter described property from R-1 Single-Family Residential and R-3 Moderate
Density Multi-Family Residential to PUD Planned Unit Development District with PR Planned
Residential Designation and adopting a Conceptual Development Plan . Seconded by Sprank.
Motion carried 7-0.
ORDINANCE NO. 18-24
AMENDING TITLE 16 OF THE UNIFIED DEVELOPMENT CODE OF THE CITY OF DUBU-
QUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROP-
ERTY FROM R-1 SINGLE-FAMILY RESIDENTIAL AND R-3 MODERATE DENSITY MULTI-
FAMILY RESIDENTIAL TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH PR
PLANNED RESIDENTIAL DESIGNATION AND ADOPTING A CONCEPTUAL DEVELOP-
MENT PLAN
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That Title 16 of the Unified Development Code of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying the hereinafter-described property from R-1
Single-Family Residential and R-3 Moderate Density Multi-Family Residential to PUD Planned
Unit Development District with a PR Planned Residential District designation, and adopting a
conceptual development plan, a copy of which is attached to and made a part hereof, is hereby
adopted and approved for the following described property, to wit:
Lot 2 of Mount Pleasant Place, Lots 55, 56, 57 and 58 in Rosedale Addition, and, Lots 8,
9, 10, and 11 of the Subdivision of Lot 3 of the Subdivision of Mineral Lot No. 178, all in
the City of Dubuque, Iowa, according to the respective recorded Plats there .
A. Use Regulations - The following regulations shall apply to all uses made of land in the
above-described PR Planned Residential District:
1. Principal permitted uses shall be limited to 16 single-family residences and two de-
tached garages.
2. Accessory uses shall include any use customarily incidental and subordinate to the
principal use it serves.
B. Lot and Bulk Regulations - Development of land in the PR Planned Residential District
shall be regulated as follows:
1. Buildings setbacks shall be located in substantial conformance with the approved
conceptual development plan.
2. Maximum building height of 30 feet shall be allowed in this Planned Residential Dis-
trict.
C. Performance Standards - The development and maintenance of uses in this PR
Planned Residential District shall be regulated as follows:
1. Parking Regulations
a. The parking stalls located adjacent (north) of the property at 1840 Wood Street be
screened.
b. All vehicle-related features shall be surfaced with either asphalt or concrete.
c. Curbing and proper surface drainage of storm water shall be provided.
d. All parking and loading spaces shall be delineated on the surfacing material by
painted stripes or other permanent means.
e. Off-street parking shall be provided based on the approved conceptual plan.
f. The size and design of parking spaces shall be governed by applicable provisions
of the Unified Development Code Section 13-3 Site Development Regulations. The
19
location and quantity of parking spaces shall be governed by the Conceptual Devel-
opment Plan.
g. The number, size, design, and location of parking spaces designated for persons
with disabilities shall be according to the local, state, or federal requirements in effect
at the time of development.
2. Site Lighting
a. Exterior illumination of site features shall be limited to the illumination of the follow-
ing:
i. Parking areas, driveways, and loading facilities.
ii. Pedestrian walkway surfaces and entrances to building.
iii. Building exterior.
b. Location and Design
i. No light source shall provide illumination onto adjacent lots, buildings, or streets in
excess of 1.0-foot candle.
ii. All exterior lighting luminaries shall be designed and installed to shield light from
the luminaries at angles above 72-degrees from vertical.
iii. Fixtures mounted on a building shall not be positioned higher than the roofline of
the building.
iv. All electrical service lines to posts and fixtures shall be underground and con-
cealed inside the posts.
3. Landscaping - Landscaping shall be provided in compliance with Section 13-4 Land-
scaping and Screening Requirements of the Unified Development Code.
4. Storm Water Management - The developer shall be responsible for providing surface
or subsurface conveyance(s) of storm water from the lot to existing storm sewers or to
flow line of open drainageways outside the lot in a means that is satisfactory to the
Engineering Department of the City of Dubuque. Other applicable regulations enforced
by the City of Dubuque relative to storm water management and drainage shall apply.
5. Exterior Trash Collection Areas
a. The storage of trash and debris shall be limited to that produced by the principal
permitted use and accessory uses on the lot.
b. All exterior trash collection areas and the material contained therein shall be visually
screened from view. The screening shall be completely opaque fence, wall, or other
feature not exceeding a height of 10 feet measured from the ground level outside the
line of the screen. Screens built on sloping grades shall be stepped so that their top
line shall be horizontal. Exposed materials used to construct the opaque screen shall
be similar in appearance to materials used for exterior building walls. All exterior en-
trances to a screened trash area shall be provided with a gate or door of similar
design to that of the screen. If a 10-foot height screen fails to shield the exterior trash
collection area from view from the adjacent public right-of- way and neighboring prop-
erties, evergreen plantings may be required in addition to the screening. Evergreen
plant material shall be selected and designed so that they screen the area from all
off-site visibility within five (5) years.
6. Open Space - Open space and landscaping in the PR Planned Residential District
shall be regulated as follows. Those areas not designated on the conceptual develop-
ment plan shall be maintained as open space, as defined Article 13 of the Unified
Development Code of the City of Dubuque, Iowa, by the property owner and/or asso-
ciation.
7. Platting - Subdivision plats and improvement plans shall be submitted in accordance
with Article 11 Land Subdivision, of the City of Dubuque Unified Development Code.
20
8. Site Plans - Final site development plans shall be submitted in accordance with Article
12 Site Plans and Article 13 Site Design Standards prior to construction of each build-
ing and vehicle-related feature unless otherwise exempted by Article 12.
D. Sign Regulations
1. Signs in the Planned Residential District shall be regulated in accordance with the R-
4 Multi-Family Residential Zoning District sign regulations, Section 16-15-11.1 of the
Unified Development Code.
2. Variance requests from sign requirements for size, number, and height shall be re-
viewed by the Zoning Board of Adjustment in accordance with Section 16 -8-6 of the
Unified Development Code.
E. Other Codes and Regulations
1. Service Lines. All electric, telephone, cable, or other similar utility lines serving the
building and other site features shall be located underground.
2. These regulations do not relieve the owner from other applicable city, county, state,
or federal codes, regulations, laws, and other controls relative to the planning, con-
struction, operation and management of property within the City of Dubuque.
F. Transfer of Ownership - Transfer of ownership or lease of property in this PR Planned
Residential District shall include the transfer or lease agreement a provision that the
purchaser or lessee acknowledges awareness of the conditions authorizing the estab-
lishment of the district.
G. Modifications - Any modifications of this Ordinance must be approved by the City
Council in accordance with zoning reclassification proceedings of Article 9-5 of the Uni-
fied Development Code.
H. Occupancy Permits - No occupancy permit shall be issued by the City of Dubuque for
property included in the subject planned unit development district until full compliance
with this ordinance has been achieved.
I. Recording- A copy of this ordinance shall be recorded at the expense of the property
owner(s) with the Dubuque County Recorder a permanent record of the conditions ac-
cepted as part of this reclassification approval within thirty (30) days after the adoption
of this ordinance. This ordinance shall be binding upon the undersigned and his/her
heirs, successors, and assigns.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 3. The foregoing amendment shall take effect upon publication, as provided by law .
Passed, approved, and adopted this 17th day of June 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
ACCEPTANCE OF ORDINANCE NO. 18-24
I, Hilary Dalton, representing the Cafaro Company, property owners, having read the terms
and conditions of the foregoing Ordinance No. 18-24 and being familiar with the conditions
thereof, hereby accept the same and agree to the conditions required therein.
Dated this XXXXX day of XXXX 2024.
Hilary Dalton, Executive Director
3. Planned Unit Development Amendment for 555 John F. Kennedy Road : Motion by Jones
to receive and file the documents and that the requirement that a proposed ordinance be con-
sidered and voted on for passage at two Council meetings prior to the meeting at which it is to
be passed be suspended. Seconded by Farber. Planning Services Director Wally Wernimont
21
provided a staff report. Applicant Justin Somerville, Development Engineer with Cafaro Com-
pany, made a presentation. City Council Members praised the amendment and highlighted Ken-
nedy Mall’s importance to the community. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 19-24 Amending Title
16, the Unified Development Code of the City of Dubuque Code of Ordinances by rescinding
Ordinance 80-03 which provides regulations for a PUD Planned Unit Development District with
a PC Planned Commercial Designation at 555 John F Kenn edy Road and adopting an amended
PUD Ordinance to allow for additional signage, reduced parking requirements, and increased
ground floor leasable area. Seconded by Farber. Motion carried 7-0.
ORDINANCE NO. 19-24
AMENDING TITLE 16, THE UNIFIED DEVELOPMENT CODE OF THE CITY OF DUBUQUE
CODE OF ORDINANCES BY RESCINDING ORDINANCE 80-03 WHICH PROVIDES REGU-
LATIONS FOR A PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PC PLANNED
COMMERCIAL DESIGNATION AT 555 JOHN F KENNEDY ROAD AND ADOPTING AN
AMENDED PUD ORDINANCE TO ALLOW FOR ADDITIONAL SIGNAGE, REDUCED PARK-
ING REQUIREMENTS, AND INCREASED GROUND FLOOR LEASABLE AREA
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That Title 16, the Unified Development Code of the City of Dubuque Code of Or-
dinances is hereby amended by rescinding Ordinance 80 -03, which provides regulations for the
Kennedy Mall Planned Unit Development District with a Planned Commercial de signation, and
now being amended to allow for additional signage, reduced parking requirements, and in-
creased Ground Floor Leasable Area, to wit:
Lot 1 of Lot 2 of Lot 2 of Clin-Que, Inc. Addition, and Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot
1 of Hawkeye Stock Farm, and to the centerline of the adjoining public right -of-way, as
shown in the attached Exhibit A, all in the City of Dubuque, Iowa.
Section 2. Pursuant to Iowa Code Section 414.5, and as an express condition of the reclas-
sification, the undersigned property owner agrees to the following conditions, all of which the
property owner further agrees are reasonable and imposed to satisfy the public needs that are
caused directly by the zoning reclassification:
A. Use Regulations - The following regulations shall apply to all land uses in the above -
described PUD District.
1. All permitted, conditional, accessory, and temporary uses allowed in the C -3 General
Commercial District as established in Section 16-5-13 of the Unified Development
Code
B. Lot and Bulk Regulations - Development of land in the PUD District shall be as follows:
1. All buildings and structures shall be regulated as follows:
a. Maximum building height shall be 50 feet, except the following may exceed the
height limit: ornamental towers, domes, spires, elevator bulkheads, HVAC equipment
and their protective housings.
2. All final site development plans shall be approved in accordance with the provisions
of the PUD District regulations of this ordinance and Section 16 -5-24 of the Unified
Development Code.
C. Performance Standards - The development and maintenance of uses in this PUD Dis-
trict shall be established in conformance with Section 16 -5-24 of the Unified Develop-
ment Code and the following standards:
1. The parking requirement for the Kennedy Mall PUD District shall be one space per
300 square feet of Ground Floor Leasable Area (GFLA). This area excludes common
22
areas such as mall concourses and utility rooms.
2. Adequate illumination shall be provided to areas used for vehicle and pedestrian cir-
culation. New outdoor fixtures shall be of a cut-off design and utilize a minimum of 72-
degree cut-off luminaire.
3. Final site development plans shall be submitted in accordance with Section 16 -12
Site Plans of the Unified Development Code of the City of Dubuque, Iowa, prior to
construction of any buildings.
D. Sign Regulations - Signs in the PUD District shall be regulated as follows:
1. The primary shopping center identification sign adjacent to U.S. Highway 20 shall be
limited to 700 square feet (each side) and a maximum height of 50 feet.
2. Four (4) tenant identification signs shall be allowed. Each sign shall be a ground -
mounted sign a maximum of thirty (30) feet high and twelve (12) feet long. Multiple
tenants can be displayed on these signs with square footage to be allocated by the
developer.
3. Tenants occupying greater than 30,000 square feet of Ground Floor Leasable Area
(GFLA) shall be allowed an unlimited number of wall-mounted signs. The total aggre-
gate square footage of wall-mounted signs will be based on 20% of the front building
wall area of the leased space.
4. Tenants occupying less than 30,000 square feet of Ground Floor Leasable Area
(GFLA)shall be allowed an unlimited number of wall -mounted signs. The total aggre-
gate square footage of wall-mounted signs will be based on 10% of the front building
wall area of the leased space.
5. Tenants whose sole means of customer ingress and egress is through an interior
storefront (allocated by developer) shall be allowed an unlimited number of wall -
mounted signs. The total aggregate square footage of the tenant’s wall-mounted signs
will be based on 3% of tenant’s Ground Floor Leasable Area (GFLA).
6. Signs mounted to mansard roofs are allowed. Top of sign cannot project above roof
line.
7. Outlot signage:
a. Each outlot parcel shall be allowed wall-mounted signage as per the C-3 General
Commercial District sign regulations (Section 16-15-11.8 of the Unified Development
Code). The maximum number of signs per business is four (4).
b. Each outlot parcel shall be allowed one (1) freestanding sign, limited to 100 square
feet in size and a maximum height of 25 feet.
8. Directional signs will be allowed as permitted by C-3 General Commercial District
sign regulations (Section 16-15-11.8 of the Unified Development Code).
9. Variance requests from sign requirements for size, number, and height shall be re-
viewed by the Zoning Board of Adjustment in accordance with Section 16 -8-6 of the
Unified Development Code.
10. Lighting: Signs may be illuminated only by means of indirect lighting whereby all
light sources and devices are shielded from view by opaque or translucent materials,
or internally illuminated by means of a light source completely enclosed by the sign
panel.
11. Motion: No signs may include any device or means, mechanical, electrical or natu-
ral, which shall cause motion of the sign panel or any part thereof. No flashing lights
or changing colors shall be allowed. Message center signs are exempt from this pro-
vision.
E. Previous Conceptual Plans
1. That all previously approved conceptual development plans are hereby rescinded
23
and that the attached conceptual plan, Exhibit A, shall hereinafter regulate the Ken-
nedy Mall Planned Unit Development District.
F. Ordinance History
1. Ord. 2-66: Establishment of zoning district (Local Business District B) for Kennedy
Mall.
2. 1985: The property was given a PC Planned Commercial District classification.
3. Ord. 48-86: Amended the PUD to allow an outlot development (cinema and fabric
store).
4. Ord. 29-89: Amended the PUD to allow the reconfiguration and addition of retail
space and the conversion of other retail space into a food court.
5. Ord. 40-03: Amended the PUD to add an outlot development (Best Buy) and reduce
the parking requirement.
6. Ord. 80-03: Amended the PUD to reduce the parking requirement, increase the al-
lowed ground floor leasable area, and allow a new freestanding center identification
sign.
G. Transfer of Ownership - Transfer of ownership or lease of property in this PUD District
shall include in the transfer or lease agreement a provision that the purchaser or lessee
acknowledges awareness of the conditions authorizing the establishment of the PUD
District.
H. Modifications - Any modification of the Ordinance must be approved by the City Coun-
cil in accordance with the Zoning Reclassification proceedings of Section 16 -9 of the
Unified Development Code.
I. Recording - A copy of this PUD Ordinance shall be recorded, at the expense of the
property owner, with the Dubuque County Recorder as a permanent record of the con-
ditions accepted as a part of this reclassification approval. This ordinance shall be bind-
ing upon the undersigned and his/her heirs, successors, and assigns.
Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 4. The foregoing amendment shall take effect upon publication, as provided by law.
Passed, approved and adopted this 17th day of June 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
ACCEPTANCE OF ORDINANCE NO. 19-24
I, Anthony M. Cafaro, Jr., representing the Cafaro Company, property owners, having read
the terms and conditions of the foregoing Ordinance No. 19-24 and being familiar with the con-
ditions thereof, hereby accept the same and agree to the conditions required therein.
Dated this _____ day of _________________ 2024 .
/s/Anthony M. Cafaro, Jr.
4. Resolutions Approving and Extending an Amended and Restated Urban Renewal Plan for
the South Pointe Housing Urban Renewal Area: Motion by Sprank to receive and file the docu-
ments and adopt Resolution No. 196-24 Approving the Amended and Restated Urban Renewal
Plan Version 2024.1, for the South Pointe Housing Urban Renewal Area and Resolution No.
197-24 Approving the Extension Agreement by and Among the City of Dubuque, Iowa, Dubuque
County, Iowa, and the Dubuque Community School District for the Division of Revenue for the
South Pointe Housing Urban Renewal Area. Seconded by Jones. Rick Dickinson, 205 Hill St.,
President and CEO of GDDC, spoke in support of the project and thanked Iowa legislators for
their efforts, which facilitated the project's expansion. City Council Members commended the
24
partnerships involved in the project. Motion carried 7-0.
RESOLUTION NO. 196-24
APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN VERSION 2024.1,
FOR THE SOUTH POINTE HOUSING URBAN RENEWAL AREA
Whereas, by Resolution 144-24 on May 20, 2024, the City Council of the City of Dubuque,
Iowa authorized the preparation of an Amended and Restated Urban Renewal Plan (the “Plan")
for the South Pointe Housing Urban Renewal Area (the "Area"); and
Whereas, the City of Dubuque's primary objective for the Plan is to provide public improve-
ments related to housing and residential development and provide housing opportunities, in-
cluding assistance for low and moderate income family housing, which will further e conomic
development purposes and objectives as described in the Plan in the Area; and
Whereas, a consultation process has been undertaken with affected taxing entities in accord-
ance with Chapter 403 of the Code of Iowa with no written objections or recommended changes
to the Amended and Restated Plan received; and
Whereas, the affected taxing entities approved the extension of the Iowa Code Section
403.19 division of revenue within the South Pointe Housing Urban Renewal Area by execution
of the Extension Agreement by and among the City of Dubuque, Iowa, the County of Dubuq ue,
Iowa, and the Dubuque Community School District; and
Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a
public hearing on the proposed Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That the Urban Renewal Plan for the South Pointe Housing Urban Renewal Area,
Version 2024.1, on file in the City Clerk's Office and made reference to herein, is hereby ap-
proved.
Section 2. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and directed
to file a certified copy of this Resolution in the office of the Dubuque County Auditor.
Passed, approved and adopted this 17th day of June 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
RESOLUTION NO. 197-24
APPROVING THE EXTENSION AGREEMENT BY AND AMONG THE CITY OF DUBUQUE,
IOWA, DUBUQUE COUNTY, IOWA, AND THE DUBUQUE COMMUNITY SCHOOL DISTRICT
FOR THE DIVISION OF REVENUE FOR THE SOUTH POINTE HOUSING URBAN RENEWAL
AREA
Whereas, Iowa Code Section §403.19 has been amended to extend the time period for the
division of revenue in Housing Urban Renewal Districts created prior to 2018; and
Whereas, extending the division of revenue requires the written consent of the affected taxing
bodies; and
Whereas, the affected taxing entities approved the extension of the Iowa Code Section
403.19 division of revenue within the South Pointe Housing Urban Renewal Area by execution
of the Extension Agreement by and among the City of Dubuque, Iowa, the County of Dubuq ue,
Iowa, and the Dubuque Community School District.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That the Extension Agreement by and among the City of Dubuque, Iowa, the
County of Dubuque, Iowa, and the Dubuque Community School District, is hereby approved.
25
Section 2. That the Mayor is hereby authorized and directed to execute the Extension Agree-
ment on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to
his signature.
Passed, approved and adopted this 17th day of June 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
5. Resolution Approving a First Amendment to Development Agreement by and between the
City of Dubuque, Iowa and South Pointe, L.L.C. and Providing for the Issuance of Urban Re-
newal Tax Increment Revenue Obligations Pursuant to the Development Agreement: Motion by
Resnick to receive and file the documents and adopt Resolution No. 198 -24 Approving a First
Amendment to Development Agreement by and between the City of Dubuque, Iowa and South
Pointe, L.L.C., including the proposed reimbursement of South Poin te, L.L.C. for certain infra-
structure improvements with Urban Renewal Tax Increment Revenue. Seconded by Farber.
Motion carried 7-0.
RESOLUTION NO. 198-24
APPROVING A FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BE-
TWEEN THE CITY OF DUBUQUE, IOWA AND SOUTH POINTE, L.L.C., INCLUDING THE
PROPOSED REIMBURSEMENT OF SOUTH POINTE, L.L.C. FOR CERTAIN INFRASTRUC-
TURE IMPROVEMENTS WITH URBAN RENEWAL TAX INCREMENT REVENUE
Whereas, the City of Dubuque (City) and South Pointe, L.L.C. (Developer)entered into a De-
velopment Agreement dated for reference purposes June 5, 2017, for the development of prop-
erty located in the South Pointe Housing Urban Renewal Area (the Development Property); and
Whereas, City and Developer desire to amend the Development Agreement as set forth in
the attached First Amendment to Development Agreement; and
Whereas, it is the determination of the City Council that approval of the First Amendment to
Development Agreement is in the public interest of the City of Dubuque.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That the First Amendment to Development Agreement by and between the City of
Dubuque, Iowa, and South Pointe, L.L.C. is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the First Amendment
to Development Agreement on behalf of the City of Dubuque and the City Clerk is authorized
and directed to attest to his signature.
Section 3. That the City Manager is authorized to take such actions as are necessary to
comply with the terms of the First Amendment to Development Agreement as herein approved.
Passed, approved and adopted this 17th day of June, 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
6. Resolution Approving a Development Agreement by and between the City of Dubuque,
Iowa and Millwork Flats, L.L.C. Providing for the Issuance of Urban Renewal Tax Increment
Revenue Grant Obligations Pursuant to the Development Agreement : Motion by Wethal to re-
ceive and file the documents and adopt Resolution No. 199 -24 Approving a Development Agree-
ment by and between the City of Dubuque, Iowa, and Millwork Flats, L.L.C. including the issu-
ance of Urban Tax Increment Revenue Obligations. Seconded by Sprank. City Council Mem-
bers thanked the developer for the project and stressed the importance of the ongoing expan-
sion of the Millwork District. Motion carried 7-0.
26
RESOLUTION NO. 199-24
APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBU-
QUE, IOWA, AND MILLWORK FLATS, L.L.C. INCLUDING THE ISSUANCE OF URBAN TAX
INCREMENT REVENUE OBLIGATIONS
Whereas, Millwork Flats, L.L.C. is the owner of the property legally described as follows:
Lot 384, 385, 386, 384 and the South one-half of Lot 388, in the City of Dubuque, Iowa,
according to the United States Commissioners’ plat of the survey of the Town of Dubuque,
Iowa,
And
Lot 2 of City Lot 386A in the City of Dubuque, Iowa, according to the Plat recorded as
Instrument #2017-4502, records of Dubuque County, Iowa (the Property); and
Whereas, the City Council, by Resolution No. 165-24, dated June 3, 2024, declared its intent
to enter into a Development Agreement by and between the City of Dubuque, Iowa, and Millwork
Flats, L.L.C., including the issuance of Urban Renewal Tax Increment Revenue Obligations;
and
Whereas, pursuant to published notice, a public hearing was held on the proposed Develop-
ment Agreement on June 17, 2024, at 6:30 p.m.; and
Whereas, it is the determination of the City Council that approval of the Development Agree-
ment for redevelopment of the Property by Millwork Flats, L.L.C., according to the terms and
conditions set out in the Development Agreement, is in the public interest of t he City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That the Development Agreement by and between the City of Dubuque, Iowa, and
Millwork Flats, L.L.C., a copy of which is attached hereto, including the issuance of Urban Re-
newal Tax Increment Revenue Obligations, is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the Development
Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to
attest to his signature.
Section 3. That the City Manager is authorized to take such actions as are necessary to
comply with the terms of the Development Agreement as herein approved.
Passed, approved and adopted this 17th day of June 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
7. Seippel Road Water Main Lowering Project Public Hearing - Project Code: 4281000059:
Motion by Roussell to receive and file the documents and adopt Resolution No. 200 -24 Approval
of plans, specifications, form of contract, and estimated cost for the Seippel Road Water Main
Lowering Project. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 200-24
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST FOR THE SEIPPEL ROAD WATER MAIN LOWERING PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
That the attached plans, specifications, form of contract and estimate of total cost for the
Seippel Road Water Main Lowering Project in the estimated amount $322,500.00, are hereby
approved.
Passed, approved, and adopted this 17th day of June 2024.
27
Brad M. Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
8. Public Hearing for the Jule’s-Iowa Department of Transportation 2025 Consolidated Fund-
ing Application: Motion by Resnick to receive and file the documents and adopt Resolution No.
201-24 Authorizing Resolution: Approval of Consolidated Funding Application to Iowa DOT. Se-
conded by Farber. Motion carried 7-0.
RESOLUTION NO. 201-24
AUTHORIZING RESOLUTION: APPROVAL OF CONSOLIDATED FUNDING APPLICATION
TO IOWA DOT
Whereas, the City of Dubuque provides fixed-route and paratransit services for the citizens
of Dubuque; and
Whereas, the Iowa Department of Transportation (IDOT) is a pass -through funding entity for
federal capital and operating funds; and
Whereas, the City of Dubuque has historically applied through the IDOT for these funds; and
Whereas, pursuant to published notice, a public hearing was held on the proposed approval
of the consolidated funding application on June 17, 2024, at 6:30 p.m. in the Historic Federal
Building, 350 W. 6th Street, Dubuque, Iowa; and
Whereas, the City Council finds that the applying for the funds to be beneficial to the contin-
ued provision of transit service for the citizens of Dubuque.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa hereby endorses the application to
the IDOT, which includes a City match.
Section 2. The IDOT application will include requests and mandatory certifications by the City
of Dubuque as follows:
From the State Transit Assistance Program:
2.47% of formula funds
Total: $470,237
From federal funds for transit in non-urbanized areas and/or for transit serving primarily
elderly persons and persons with disabilities:
$45,560
We understand acceptance of federal transit assistance involves an agreement to comply
with certain labor protection provisions.
We certify that the City of Dubuque/The Jule has sufficient non-federal funds or sufficient
in-kind match to provide required local match for capital projects and at time of delivery
will have the funds to operate and maintain vehicles and equipment purcha sed under this
contract.
We request that State Transit Assistance formula funding be advanced as allowed by
law, to improve system cash flow.
Section 3. That Ryan Knuckey, Director of Transportation Services, is authorized to on behalf
of the City Council, to apply for financial assistance and to enter into related contract(s) with the
IDOT.
Passed, adopted and approved this 17th day of June 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
ACTION ITEMS
28
1. 3000 Jackson Dubuque Brewing and Malting Project Update: Motion by Sprank to receive
and file the documents. Seconded by Roussell. In response to questions from the City Council,
Assistant Housing and Community Development Director Michael Belmont reported that the
latest update from the contractor indicated construction will resume on June 21. Unstable por-
tions will be removed, and salvage operations will proceed once the site is deemed safe. Mr.
Belmont further explained that the project is behind sche dule due to unforeseen delays, and city
staff have communicated the expectation that the site be cleaned and prepared for develop-
ment. Responding to a question about the city’s course of action if the developer fails to meet
the August 31 project deadline, City Attorney Brumwell indicated that city staff would convene
to evaluate their options post-deadline. City Council Members agreed that this agenda item can
be designated as a consent item in future meetings. Motion carried 7-0.
2. Recent City of Dubuque Website Improvements: Motion by Farber to receive and file the
documents and view the presentation. Seconded by Roussell. Public Information Officer Randy
Gehl introduced Communications Specialist Kristin Hill, who demonstrated the new website re-
design and improved accessibility. Responding to questions from the City Council, Multimedia
Specialist Felicia Carner stated that the city close captions City Council meetings through a paid
service. Ms. Carner also summarized the captioning options available via Facebook and
YouTube. Motion carried 7-0.
3. Dubuque Named the 2024 Iowa Community of Character: Motion by Resnick to receive
and file the news release announcing that Dubuque has been named Iowa's 2024 Community
of Character by the Robert D. and Billie Ray Center at Drake University. Seconded by Sprank.
Motion carried 7-0.
4. Proposed C-SITE Application “Dubuque C.A.S.C.A.D.E. Project: Community Action for
Sustainable, Clean And Democratized Energy”: Motion by Roussell to receive and file the doc-
uments and approve the City’s application for the U.S. Department of Energy (DOE) Communi-
ties Sparking Investment in Transformative Energy (C- SITE) Program Grant for the Dubuque
CASCADE Project. Seconded by Sprank. City Council Members expressed enthusiasm for the
project. Motion carried 7-0.
5. 2024 Pavement Marking Project - Award Public Improvement Contract - Project Code:
5521000013: Motion by Resnick to receive and file the documents and adopt Resolution No.
202-24 Awarding Public Improvement Contract for the 2024 Pavement Marking Project. Se-
conded by Farber. Motion carried 7-0.
RESOLUTION NO. 202-24
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE 2024 PAVEMENT MARKING
PROJECT
Whereas, sealed proposals have been submitted by contractor(s) for the 2024 Pavement
Marking Project, (the Project) pursuant to Resolution No. 155 -24 and Notice to Bidders pub-
lished on the City of Dubuque, Iowa website and plan room service with statewide circulation on
the 30th day of May 2024; and
Whereas, said sealed proposals were opened and read on the 12th day of June 2024 and it
has been determined that Ostrom Painting & Sandblasting, Inc. of Rock Island, IL submitted low
bid in the amount of $224,025.28, and is the lowest responsive, responsib le bidder for the Pro-
ject.
29
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That a Public Improvement Contract for the Project is hereby awarded to Ostrom
Painting & Sandblasting, Inc. and the City Manager is hereby directed to execute a Public Im-
provement Contract on behalf of the City of Dubuque for the Project.
Passed, adopted and approved this 17th day of June 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
6. Award Construction Contract - Tamarack Sanitary Sewer Extension Project (Project ID:
5581500001): Motion by Jones to receive and file the documents and adopt Resolution No. 203-
24 Awarding Public Improvement Construction Contract for the Tamarack Sanitary Sewer Ex-
tension Project. Seconded by Wethal. Motion carried 7-0.
RESOLUTION NO. 203-24
AWARDING PUBLIC IMPROVEMENT CONSTRUCTION CONTRACT FOR THE TAMARACK
SANITARY SEWER EXTENSION PROJECT
Whereas, sealed proposals have been submitted by contractors for the Tamarack Sanitary
Sewer Extension Project, (the Project) pursuant to Resolution No. 117-24 and Notice to Bidders
published on the City of Dubuque, Iowa website and plan room service with statewide circulation
on the 8th day of May 2024; and
Whereas, said sealed proposal was opened and read on the 6th day of June 2024 and it has
been determined that Boomerang Corp., of Anamosa, Iowa submitted low bid in the amount of
$675,319.50, and is the lowest responsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That a Public Improvement Construction Contract for the Project is hereby
awarded to Boomerang Corp. and the City Manager is hereby directed to execute a Public Im-
provement Construction Contract on behalf of the City of Dubuque for the Project, subject to the
concurrence of the Iowa Financing Authority.
Passed, adopted, and approved this 17th day of June 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
7. Award Construction Contract - Twin Ridge Sanitary Sewer Extension and Lagoon Aban-
donment Project (Project ID: 5581500024): Motion by Jones to receive and file the documents
and adopt Resolution No. 204-24 Awarding Public Improvement Construction Contract for the
Twin Ridge Sanitary Sewer Extension and Lagoon Abandonment Project. Seconded by Sprank.
Motion carried 7-0.
RESOLUTION NO. 204-24
AWARDING PUBLIC IMPROVEMENT Construction CONTRACT FOR THE TWIN RIDGE
SANITARY SEWER EXTENSION AND LAGOON ABANDONMENT PROJECT
Whereas, sealed proposals have been submitted by contractors for the Twin Ridge Sanitary
Sewer Extension and Lagoon Abandonment Project, (the Project) pursuant to Resolution No.
118-24 and Notice to Bidders published on the City of Dubuque, Iowa website and plan room
service with statewide circulation on the 8th day of May 2024; and
Whereas, said sealed proposal was opened and read on the 6th day of June 2024 and it has
been determined that Tschiggfrie Excavating Co., of Dubuque, Iowa submitted low bid in the
30
amount of $624,975.70, and is the lowest responsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That a Public Improvement Construction Contract for the Project is hereby
awarded to Tschiggfrie Excavating Co. and the City Manager is hereby directed to execute a
Public Improvement Construction Contract on behalf of the City of Dubuque for the Projec t,
subject to the concurrence of the Iowa Financing Authority.
Passed, adopted, and approved this 17th day of May 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
8. Award Construction Contract - Granger Creek Lift Station Improvements (Project ID:
5581500009): Motion by Sprank to receive and file the documents and adopt Resolution No.
205-24 Awarding Public Improvement Construction Contract for the Granger Creek Lift Station
Improvements Project. Seconded by Farber. Motion carried 7-0.
RESOLUTION NO. 205-24
AWARDING PUBLIC IMPROVEMENT CONSTRUCTION CONTRACT FOR THE GRANGER
CREEK LIFT STATION IMPROVEMENTS PROJECT
Whereas, sealed proposals have been submitted by contractors for the Granger Creek Lift
Station Improvements Project, (the Project) pursuant to Resolution No. 119 -24 and Notice to
Bidders published on the City of Dubuque, Iowa website and plan room service with s tatewide
circulation on the 8th day of May 2024; and
Whereas, said sealed proposal was opened and read on the 6th day of June 2024 and it has
been determined that Tricon General Construction, Inc., of Dubuque, Iowa submitted low bid in
the amount of $1,221,000.00, and is the lowest responsive, responsible bidder fo r the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That a Public Improvement Construction Contract for the Project is hereby
awarded to Tricon General Construction, Inc. and the City Manager is hereby directed to exe-
cute a Public Improvement Construction Contract on behalf of the City of Dubuque for the Pro-
ject, subject to the concurrence of the Iowa Financing Authority.
Passed, adopted, and approved this 17th day of May 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
9. Award of Public Improvement Construction Contract for the Eagle Valley, Westbrook, and
English Ridge Subdivision Parks Development Project: Motion by Roussell to receive and file
the documents and adopt Resolution No. 206-24 Awarding the Public Improvement Construc-
tion Contract for the Eagle Valley, Westbrook, and English Ridge Subdivision Park Development
Project. Seconded by Sprank. City Manager Van Milligen responded to a question regarding
cost. Motion carried 7-0.
RESOLUTION NO. 206-24
AWARDING THE PUBLIC IMPROVEMENT CONSTRUCTION CONTRACT FOR THE EAGLE
VALLEY, WESTBROOK, AND ENGLISH RIDGE SUBDIVISION PARKS DEVELOPMENT
PROJECT
Whereas, sealed proposals have been submitted by contractors for the Eagle Valley, West-
brook, and English Ridge Subdivision Parks Development Project, pursuant to Resolution No.
31
121-24 and Notice to Bidders on the 7th day of May, 2024; and
Whereas, said sealed proposals were opened and read on the 4th day of June 2024, and it
has been determined that McDermott Excavating of Dubuque, Iowa, with a bid in the amount of
$719,550.00, is the lowest responsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That a Public Improvement Contract for the Project is hereby awarded to McDer-
mott Excavating and the City Manager is hereby directed to execute a Public Improvement Con-
tract on behalf of the City of Dubuque for the Project.
Passed, approved, and adopted this 17th day of June 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
10. Consultant Selection for Unified Development Code Update: Motion by Farber to receive
and file the documents and approve the City Manager negotiating and executing a contract with
Camiros to undertake the Update to the Unified Development Code, with a contract not to ex-
ceed $100,000 in cost. Seconded by Wethal. In response to a City Council question, Planning
Services Director Wally Wernimont mentioned that the Unified Development Code (UDC) was
last revised in 2009. He also described the UDC as a living document that the City Council
continuously amends incrementally. Motion carried 7-0.
11. Remedy for Police Department Supervisor/Manager Wage Compression : Motion by
Jones to receive and file the documents and approve salary percentage increases and longevity
adjustment, effective July 1, 2024, in order to remedy the wage/salary compression that would
exist for the ranks of Police Lieutenant, Police Captain, Assistant Police Chief, and Police Chief
related to the percentage wage increases provided to union police ranks per the CBA effective
on July 1, 2024. Seconded by Wethal. City Council Members expressed support for the adjust-
ments. City Manager Van Milligen stated that salary percentage increases and longevity adjust-
ment for the Fire Department will be presented at the next City Council meeting. Motion carried
7-0.
12. Board and Commission Ordinance Amendments: Motion by Jones to receive and file the
documents and that the requirement that a proposed ordinance be considered and voted on for
passage at two Council meetings prior to the meeting at which it is to be passed be suspended.
Seconded by Roussell. Responding to a question from the City Council regarding age of major-
ity, City Clerk Breitfelder stated that City Council has the authority to determine who to appoint
to boards and commissions. City Attorney Brumwel l explained that age requirements are con-
sidered a policy decision made by the City Council, rather than a legal decision. Motion carried
7-0.
Motion by Jones for final consideration and passage of Ordinance No. 20-24 Amending City
of Dubuque Code of Ordinances Title 12 Airport, Chapter 4 Airport Commission; Ordinance No.
21-24 Amending City of Dubuque Code of Ordinances Title 12 Airport, Chapter 6 Airport Zoning
Board of Adjustment; Ordinance No. 22-24 Amending City of Dubuque Code of Ordinances Title
12 Airport, Chapter 5 Airport Zoning Commission; Ordinance No. 23 -24 Amending City of Dubu-
que Code of Ordinances Title 2 Boards and Commissions, Ch apter 8 Arts and Cultural Affairs
Advisory Commission; Ordinance No. 24-24 Amending City of Dubuque Code of Ordinances
Title 2 Boards and Commissions, Chapter 7 Board of Library Trustees; Ordinance No. 25 -24
Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1
Building Codes, Article A Building Code and Regulations, Section 14 - 1A-6 Building Code
32
Advisory and Appeal Board; Ordinance No. 26-24 Amending City of Dubuque Code of Ordi-
nances Title 2 Boards and Commissions, Chapter 11 Cable Television Commission; Ordinance
No. 27-24 Amending City of Dubuque Code of Ordinances Title 2 Boards and Commission s,
Chapter 4 Civic Center Advisory Commission; Ordinance No. 28-24 Amending City of Dubuque
Code of Ordinances Title 2 Boards and Commissions, Chapter 2 Civil Service Commission;
Ordinance No. 29-24 Amending City of Dubuque Code of Ordinances Title 2 Board s and Com-
missions, Chapter 5 Housing Agency and Community Development Commissions, Article C
Community Development Advisory Commission; Ordinance No. 30-24 Amending City of Dubu-
que Code of Ordinances Title 8 Equity and Human Rights, Chapter 2 Equity and Human Rights
Commission; Ordinance No. 31-24 Amending City of Dubuque Code of Ordinances Title 16
Unified Development Code, Chapter 10 Historic Preservation Commission Applications and Pro-
cedures, Section 16- 10-1 Historic Preservation Commission; Ordinance No. 32-24 Amending
City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building
Codes, Article J Property Maintenance Code, Section 14-1J- 7 Housing Appeals and Mediation
Board; Ordinance No. 33-24 Amending City of Dubuque Code of Ordinances Title 2 Boards and
Commissions, Chapter 5 Housing Agency and Community Development Commissions, Article
B Housing Commission; Ordinance No. 34-24 Amending City of Dubuque Code of Ordinances
Title 2 Boards and Commissions, Chapter 5 Housing Agency and Community Development
Commissions, Article D Trust Fund Advisory Committee; Ordinance No. 35-24 Amending City
of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 3 Investment Over-
sight Advisory Commission; Ordinance No. 36 -24 Amending City of Dubuque Code of Ordi-
nances Title 15 Planning and Zoning, Chapter 2 Long Range Planning Advisory Commission;
Ordinance No. 37-24 Amending City of Dubuque Code of Ordinances Title 10 Public Ways and
Property, Chapter 5 Parks and Recreation, Article A Administration, Section 10-5A-2 Park and
Recreation Advisory Commission; Ordinance No. 38-24 Amending City of Dubuque Code of
Ordinances Title 2 Boards and Commissions, Chapter 6 Resilient Community Advisory Com-
mission; Ordinance No. 39-24 Amending City of Dubuque Code of Ordinances Title 5 Transit
System, Chapter 1 Transit Advisory Board; Ordinance No. 40 -24 Amending City of Dubuque
Code of Ordinances Title 16 Unified Development Code, Chapter 9 Zoning Advisory Commis-
sion Applications and Procedures, Section 16-9-1 Zoning Advisory Commission; Ordinance No.
41-24 Amending City of Dubuque Code of Ordinances Title 16 Unified Development Code,
Chapter 8 Zoning Board of Adjustment Applications and Procedures, Section 16-8-1 Zoning
Board of Adjustment. Seconded by Roussell. Motion carried 7-0.
ORDINANCE NO. 20 - 24
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 12 AIRPORT, CHAPTER
4 AIRPORT COMMISSION
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. Title 12, Chapter 4 of the City of Dubuque Code of Ordinances is hereby amended
to read as follows:
. . . .
12-4-5: MEMBERSHIP: The commission comprises five (5) residents of the city, appointed
by the city council.
12-4-6: 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.
. . . .
12-4-10: MEETINGS:
33
A. Meetings: Meetings may be called by the chairperson or at the written request of a
majority of the commissioners.
B. Open Meetings: All meetings must be called and held in conformance with the Iowa
open meetings law.
C. Attendance:
1. In the event a commissioner has been absent for three (3) or more consecutive meet-
ings 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.
D. Minutes: A copy of the minutes of all regular and special meetings of the commission
must be filed with the city council within ten (10) working days after approval by the com-
mission, or by the next regularly scheduled city council meeting, whichever is la ter.
E. Quorum: Three (3) members of the commission constitute a quorum for the transac-
tion of business. The affirmative vote of a majority of the commissioners present and
voting is necessary for the adoption of any motion or resolution.
. . . .
Section 2. This ordinance shall take effect July 1, 2024.
Passed, approved, and adopted this 17th day of June 2024.
Brad Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
ORDINANCE NO. 21-24
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 12 AIRPORT, CHAPTER
6 AIRPORT ZONING BOARD OF ADJUSTMENT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. Title 12, Chapter 6 of the City of Dubuque Code of Ordinances is hereby amended
to read as follows:
. . . .
12-6-5: MEMBERSHIP:
A. Composition: The board comprises five (5) residents of the city.
B. Special Qualifications:
1. Two (2) members must be selected by the city council from the city of Dubuque zon-
ing board of adjustment.
2. Two (2) members must be selected by the Dubuque County board of supervisors.
3. One member from the public at large must be selected by the other four (4) members.
This member will serve as chairperson.
12-6-6: OATH: Each person, upon selection to the board, must execute an oath of office at
the first meeting of the board following the selection or at the city clerk's office any time prior
to the first meeting of the board.
. . . .
12-6-8: VACANCIES: Vacancies must be filled in the same manner as original selections.
. . . .
12-6-10: MEETINGS:
A. Meetings: Meetings may be called by the chairperson or at the written request of a
majority of the members.
B. Open Meetings: All meetings must be called and held in conformance with the Iowa
open meetings law.
34
C. Attendance:
1. In the event a member of the board has been absent for three (3) or more consecutive
meetings of the board, without being excused by the chairperson, such absence will be
grounds for the board 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.
D. Minutes: A copy of the minutes of all regular and special meetings of the board must be
filed with the city council within ten (10) working days after approval by the board, or by
the next regularly scheduled city council meeting, whichever is later.
E. Quorum: Three (3) members of the board constitute a quorum for the transaction of
business. The affirmative vote of a majority of the members present and voting is neces-
sary for the adoption of any motion or resolution. The affirmative vote of a majority o f the
board is necessary to reverse any order, requirement, decision, or determination of any
administrative official or to decide in favor of the applicant on any matter upon which the
board is required to pass under this chapter, or to affect any variation from the terms
thereof.
. . . .
Section 2. This ordinance shall take effect July 1, 2024.
Passed, approved, and adopted this 17th day of June 2024.
Brad Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
ORDINANCE NO. 22 - 24
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 12 AIRPORT, CHAPTER
5 AIRPORT ZONING COMMISSION
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. Title 12, Chapter 5 of the City of Dubuque Code of Ordinances is hereby amended
to read as follows:
. . . .
12-5-5: MEMBERSHIP:
A. The commission comprises five (5) members:
1. Two (2) members selected by the city council from the city of Dubuque zoning advi-
sory commission;
2. Two (2) members selected by the Dubuque County board of supervisors; and
3. One member from the public at large selected by the other four (4) members. This
member will serve as chairperson.
12-5-6: OATH: Each person, upon selection to the commission, must execute an oath of
office at the first meeting of the commission following the selection or at the city clerk's
office any time prior to the first meeting of the commission.
. . . .
12-5-8: VACANCIES: Vacancies must be filled in the same manner as original selections.
. . . .
12-5-10: MEETINGS:
A. Meetings: Meetings may be called by the chairperson or at the written request of a
majority of the commissioners.
B. Open Meetings: All meetings must be called and held in conformance with the Iowa
open meetings law.
C. Attendance:
35
1. In the event a commissioner has been absent for three (3) or more consecutive meet-
ings 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.
D. Minutes: A copy of the minutes of all regular and special meetings of the commission
must be filed with the city council within ten (10) working days after approval by the com-
mission, or by the next regularly scheduled city council meeting, whichever is la ter.
E. Quorum: Three (3) members of the commission constitute a quorum for the transaction
of business. The affirmative vote of a majority of the commissioners present and voting
is necessary for the adoption of any motion or resolution.
. . . .
Section 2. This ordinance shall take effect July 1, 2024.
Passed, approved, and adopted this 17th day of June 2024.
Brad Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
ORDINANCE NO. 23 - 24
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND COM-
MISSIONS, CHAPTER 8 ARTS AND CULTURAL AFFAIRS ADVISORY COMMISSION
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. Title 2, Chapter 8 of the City of Dubuque Code of Ordinances is hereby amended
to read as follows:
. . . .
2-8-6: 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.
2-8-7: TERMS: The term of office for commissioners is three (3) years or until such com-
missioner's successor is appointed and qualified.
. . . .
2-8-10: 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 meet-
ings 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 commission
must be filed with the city council within ten (10) working days after approval by the
commission, or by the next regularly scheduled city council meeting, whichever is later.
F. Quorum: Four (4) commissioners constitute a quorum for the transaction of business.
The affirmative vote of a majority of the commissioners present and voting is necessary
36
for the adoption of any motion or resolution.
. . . .
Section 2. This ordinance shall take effect July 1, 2024.
Passed, approved, and adopted this 17th day of June 2024.
Brad Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
ORDINANCE NO. 24 - 24
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND COM-
MISSIONS, CHAPTER 7 BOARD OF LIBRARY TRUSTEES
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. Title 2, Chapter 7 of the City of Dubuque Code of Ordinances is hereby amended
to read as follows:
. . . .
2-7-5: MEMBERSHIP: The board comprises seven (7) residents of the city, appointed by
city council.
2-7-6: OATH: Each person, upon selection to the board, must execute an oath of office
at the first meeting of the board following the selection or at the city clerk's office any
time prior to the first meeting of the board.
. . . .
2-7-9: OFFICERS/ORGANIZATION: The board must choose annually a chairperson and
vice chairperson, each to serve a term of one year. The chairperson must appoint a
secretary, who need not be a member of the commission. The board must fill a vacancy
among its officers for the remainder of the officer's unexpired term.
2-7-10: MEETINGS:
A. Regular Meetings: The board must meet not less than what is required by the State
Library Of Iowa standards for accreditation.
B. Special Meetings: Special meetings may be called by the chairperson or at the written
request of a majority of the members.
C. Open Meetings: All meetings must be called and held in conformance with the Iowa
open meetings law.
D. Attendance:
1. The board must declare the office of a trustee vacant when the trustee is removed
from the library board or the unexcused absence from six (6) consecutive regular
meetings.
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 board must
be filed with the city council within ten (10) working days after approval by the board.
F. Quorum: Four (4) members of the board constitute a quorum for the transaction of
business. The affirmative vote of a majority of the members present and voting is nec-
essary for the adoption of any motion or resolution.
. . . .
Section 2. This ordinance shall take effect July 1, 2024.
Passed, approved, and adopted this 17th day of June 2024.
Brad Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
ORDINANCE NO. 25-24
37
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DE-
VELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE A BUILDING CODE AND REGU-
LATIONS, SECTION 14-1A-6 BUILDING CODE ADVISORY AND APPEAL BOARD
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. Section 14-1A-6 of the City of Dubuque Code of Ordinances is hereby amended
to read as follows:
. . . .
E. Membership:
1. The board comprises seven (7) residents of the city, appointed by the city council.
2. Special experience and training qualifications:
a. One member must be a residential construction professional.
b. One member must be a commercial construction professional.
c. One member must be an electrical construction professional.
d. One member must be a plumbing construction professional.
e. One member must be a heating, ventilation, and air conditioning (HVAC) construction
professional.
f. Two (2) multi-disciplinary representatives, which could be an architect, engineer,
building designer, or general construction professional.
3. Alternates: Alternate representatives shall be appointed for the residential construction
professional, commercial construction professional, electrical construction professional,
plumbing construction professional, and HVAC construction professional positions and
shall be called upon to participate in the event of a conflict of interest or unavailability of
the primary appointee.
F. Oath: Each person, upon appointment to the board, must execute an oath of office at
the first meeting of the board following the appointment or at the City Clerk's Office any
time prior to the first meeting of the board.
. . . .
J. Meetings:
1. Regular Meetings: The board must meet upon call of the Chairperson, the City Man-
ager, or the City Manager's designee.
2. Special Meetings: Special meetings may be called by the Chairperson or at the written
request of a majority of the members.
3. Open Meetings: All meetings must be called and held in conformance with the Iowa
Open Meetings Law.
4. Appeals: The board shall meet upon notice from the Chairman, within not less than ten
(10) days and not more than ninety (90) days of the filing of an appeal, at stated periodic
meetings, or at the written request of a majority of the members.
5. Attendance:
a. In the event a member of the board has been absent for three (3) or more consecutive
meetings of the board, without being excused by the Chairperson, such absence will
be grounds for the board to recommend to the City Council that the position be de-
clared vacant and a replacement appointed.
b. Attendance must be entered upon the minutes of all meetings.
6. Minutes: A copy of the minutes of all regular and special meetings of the board must
be filed with the City Council within ten (10) working days after approval by the board,
or by the next regularly scheduled City Council meeting, whichever is later.
7. Quorum: Four (4) members of the board must be in attendance to constitute a quorum
for the transaction of business. An affirmative vote of a majority of the members present
38
and voting is necessary for the adoption of any motion or resolution.
. . . .
L. Removal: Except as provided in subsection 14-1A-6E5a of this chapter, the city council
may remove any commissioner for good cause.
Section 2. This ordinance shall take effect July 1, 2024.
Passed, approved, and adopted this 17th day of June 2024.
Brad Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
ORDINANCE NO. 26-24
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND COM-
MISSIONS, CHAPTER 11 CABLE TELEVISION COMMISSION
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. Title 2, Chapter 11 of the City of Dubuque Code of Ordinances is hereby amended
to read as follows:
. . . .
2-11-5: MEMBERSHIP:
A. The commission comprises five (5) residents of the city, appointed by the city council.
B. Special Qualifications: In its appointments, the city council will endeavor to achieve a
broad representation of the community and public interests which can take advantage
of dedicated channels to benefit the residents of the city of Dubuque and to develo p a
commission versed and competent in telecommunication administration, finances, and
regulation. The city council will attempt to give preference to applicants who are actively
interested in promoting community cable programming who possess, or are wi lling to
acquire, video production background, and who will relate to the spectrum of informa-
tional and cultural needs of cable viewers of the city of Dubuque and applicants who
possess professional or experiential backgrounds in law, finances, administrat ion, pub-
lic relations, or telecommunication technologies.
2-11-6: 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.
. . . .
2-11-10: MEETINGS:
A. Meetings: The commission shall meet as needed. Special meetings may be called by
the chairperson or at the written request of a majority of the commissioners.
B. Open Meetings: All meetings must be called and held in conformance with the Iowa
open meetings law.
C. Attendance:
1. In the event a commissioner has been absent for three (3) or more consecutive meet-
ings 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.
D. Minutes: A copy of the minutes of all regular and special meetings of the commission
must be filed with the city council within ten (10) working days after approval by the
commission, or by the next regularly scheduled city council meeting, whichever is later.
E. Quorum: Three (3) commissioners constitute a quorum for the transaction of business.
The affirmative vote of a majority of the commissioners present and voting is necessary
39
for the adoption of any motion or resolution.
. . . .
Section 2. This ordinance shall take effect July 1, 2024.
Passed, approved, and adopted this 17th day of June 2024.
Brad Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
ORDINANCE NO. 27-24
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND COM-
MISSIONS, CHAPTER 4 CIVIC CENTER ADVISORY COMMISSION
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. Title 2, Chapter 4 of the City of Dubuque Code of Ordinances is hereby amended
to read as follows:
. . . .
2-4-5: MEMBERSHIP: The commission comprises five (5) residents of the city, appointed
by the city council.
2-4-6: 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.
. . . .
2-4-10: MEETINGS:
A. Regular Meetings: The commission must meet quarterly.
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 ab-
sence 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 commission
must be filed with the city council within ten (10) working days after approval by the
commission, or by the next regularly scheduled city council meeting, whichever is la ter.
F. Quorum: Three (3) 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.
. . . .
Section 2. This ordinance shall take effect July 1, 2024.
Passed, approved, and adopted this 17th day of June 2024.
Brad Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
ORDINANCE NO. 28 - 24
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND COM-
MISSIONS, CHAPTER 2 CIVIL SERVICE COMMISSION
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
40
DUBUQUE, IOWA:
Section 1. Title 2, Chapter 2 of the City of Dubuque Code of Ordinances is hereby amended
to read as follows:
. . . .
2-2-5: MEMBERSHIP:
A. Composition: The commission comprises three (3) residents of the city, appointed by
the mayor with approval of the city council.
B. Special Qualifications:
1. Commissioners must be citizens of Iowa, eligible electors as defined in the Iowa
Code, and may not hold or be a candidate for any office of public trust.
2. The equity and human rights director shall, ex officio, be a member, without vote.
3. Commissioners may not do any of the following:
a. Sell, or in any manner become parties, directly or indirectly, to any contract to furnish
supplies, material, or labor to the city unless the sale is made or the contract is
awarded by competitive bid in writing, publicly invited and opened.
b. Have an interest, direct or indirect, in any contract or job of work or material or the
profits thereof or services to be furnished or performed for the city unless the contract
or job is awarded by competitive bid in writing, publicly invited and opened.
2-2-6: 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.
. . . .
2-2-10: MEETINGS:
A. Regular Meetings: The commission meets monthly. When there is no business, there
is no obligation to meet.
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 meet-
ings 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 commission
must be filed with the city council within ten (10) working days after approval by the
commission, or by the next regularly scheduled city council meeting, whichever is later.
F. Quorum: Two (2) commissioners constitute a quorum for the transaction of business.
The affirmative vote of a majority of the commissioners present and voting is necessary
for the adoption of any motion or resolution.
. . . .
Section 2. This ordinance shall take effect July 1, 2024.
Passed, approved, and adopted this 17th day of June 2024.
Brad Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
ORDINANCE NO. 29 - 24
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND
41
COMMISSIONS, CHAPTER 5 HOUSING AGENCY AND COMMUNITY DEVELOPMENT
COMMISSIONS, ARTICLE C COMMUNITY DEVELOPMENT ADVISORY COMMISSION
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. Title 2, Chapter 5, Article C of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
. . . .
2-5C-5: MEMBERSHIP:
A. Composition: The commission comprises nine (9) residents of the City, appointed by
the City Council.
B. Qualifications:
1. Four (4) members must be residents of census tracts and block groups where at least
fifty one percent (51%) of the residents are low/moderate income persons as deter-
mined by the United States Department of Commerce, Bureau of the Census.
2. Four (4) members must be residents of the community at- large.
3. One member must be appointed by and from the membership of the Housing Com-
mission, with City Council approval.
2-5C-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.
. . . .
2-5C-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 commission
must be filed with the City Council within ten (10) working days after approval 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 business.
The affirmative vote of a majority of the Commissioners present and voting is neces-
sary for the adoption of any motion or resolution.
. . . .
Section 2. This ordinance shall take effect July 1, 2024.
Passed, approved, and adopted this 17th day of June 2024.
Brad Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
ORDINANCE NO. 30-24
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 8 EQUITY AND HUMAN
RIGHTS, CHAPTER 2 EQUITY AND HUMAN RIGHTS COMMISSION
42
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. Title 8, Chapter 2 of the City of Dubuque Code of Ordinances is hereby amended
to read as follows:
. . . .
8-2-5: MEMBERSHIP: The commission comprises nine (9) residents of the city, appointed
by the city council from various racial, religious, cultural, and social groups within the city.
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.
. . . .
8-2-10: 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 meet-
ings 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 commission
must be filed with the city council within ten (10) working days after approval 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 business.
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.
. . . .
Section 2. This ordinance shall take effect July 1, 2024.
Passed, approved, and adopted this 17th day of June 2024.
Brad Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
ORDINANCE NO. 31-24
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED DEVELOP-
MENT CODE, CHAPTER 10 HISTORIC PRESERVATION COMMISSION APPLICATIONS
AND PROCEDURES, SECTION 16-10-1 HISTORIC PRESERVATION COMMISSION
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. Section 16-10-1 of the City of Dubuque Code of Ordinances is hereby amended
to read as follows:
. . . .
E. Membership:
43
1. Number: The commission comprises nine (9) residents of the city, appointed by the
city council.
2. Special Qualifications:
a. One resident from each designated historic preservation district, including historic
districts hereinafter established.
b. Four (4) at large members.
c. Each member must possess qualifications evidencing expertise or interest in archi-
tecture, history, archaeology, law, construction, building rehabilitation, city planning,
or conservation in general.
d. One member must be a licensed architect.
4. Compliance With Iowa Code: Membership on the commission must comply with the
provisions of Iowa Code section 303.34, subsection 3, relating to establishment of a
commission to deal with matters involving areas of historical significance.
F. 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.
. . . .
J. Meetings:
1. Regular Meetings: The commission must meet at least three (3) times in a calendar
year to maintain certified local government status.
2. Special Meetings: Special meetings may be called by the chairperson or at the written
request of a majority of the commissioners.
3. Open Meetings: All meetings must be called and held in conformance with the Iowa
open meetings law.
4. Attendance:
a. 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 ab-
sence will be grounds for the commission to recommend to the city council that the
position be declared vacant and a replacement appointed.
b. Attendance must be entered upon the minutes of all meetings.
5. Minutes: A copy of the minutes of all regular and special meetings of the commission
must be filed with the city council within ten (10) working days after approval by the
commission, or by the next regularly scheduled city council meeting, whichever is la ter.
6. Quorum: Five (5) commissioners constitute a quorum for the transaction of business.
The affirmative vote of a majority of the commissioners present and voting is neces-
sary for the adoption of any motion or resolution.
. . . .
Section 2. This ordinance shall take effect July 1, 2024.
Passed, approved, and adopted this 17th day of June 2024.
Brad Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
ORDINANCE NO. 32 - 24
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DE-
VELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE J PROPERTY MAINTENANCE
CODE, SECTION 14-1J-7 HOUSING APPEALS AND MEDIATION BOARD
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. Section 14-1J-7 of the City of Dubuque Code of Ordinances is hereby amended
44
to read as follows:
. . . .
E. Membership:
1. The board comprises five (5) residents of the city, appointed by the city council.
2. Special Experience And Training Qualifications: The housing appeals and mediation
board shall be comprised of residents with an interest in fair and equitable housing
with emphasis on balance of landlords, tenants and other interested citizens.
F. Oath: Each person, upon appointment to the board, must execute an oath of office at
the first meeting of the board following appointment or at the city clerk's office any time
prior to the first meeting of the board.
. . . .
J. Meetings:
1. The board shall meet upon notice from the chairman, within not less than ten (10)
days and not more than ninety (90) days of the filing of an appeal or a request for
mediation, at stated periodic meetings, or at the written request of a majority of the
members.
2. Attendance:
a. In the event a member of the board has been absent for three (3) or more consec-
utive meetings of the board, without being excused by the chairperson, such absence
will be grounds for the board to recommend to the city council that the position be
declared vacant and a replacement appointed.
b. Attendance must be entered upon the minutes of all meetings.
3. Minutes: A copy of the minutes of all regular and special meetings of the board must
be filed with the city council within ten (10) working days after approval by the board,
or by the next regularly scheduled city council meeting, whichever is later.
4. Quorum: Three (3) members of the board must be in attendance to constitute a
quorum for the transaction of business. An affirmative vote of a majority of the mem-
bers present and voting is necessary for the adoption of any motion or resolution.
. . . .
L. Removal: Except as provided in subsection 14-1J-7J2 of this chapter, the city council
may remove any member for good cause.
. . . .
Section 2. This ordinance shall take effect July 1, 2024.
Passed, approved, and adopted this 17th day of June 2024.
Brad Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
ORDINANCE NO. 33-24
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND COM-
MISSIONS, CHAPTER 5 HOUSING AGENCY AND COMMUNITY DEVELOPMENT COMMIS-
SIONS, ARTICLE B HOUSING COMMISSION
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. Title 2, Chapter 5, Article B of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
. . . .
2-5B-5: MEMBERSHIP:
A. Number: The commission comprises ten (10) residents of the city.
B. Special Qualifications:
45
1. At least three (3) members must be appointed specifically on the basis of experience
in real estate development, banking, finance, accounting, funds management, or other
related areas of expertise.
2. One (1) member must be a person who is a recipient of tenant based rental assistance
under section 8 of the United States Housing Act of 1937, whose name appears on a
lease of section 8 property. If such member ceases to be a recipient of rental assistance
under section 8, the term of such member is deemed terminated and a new member
who meets the requirements of this subsection must be appointed for the remainder of
the term.
3. The remaining members are at-large members.
4. Cross-Representation:
a. One (1) member must be appointed by the commission, with city council approval,
to serve on the community development advisory commission.
b. One (1) member must be appointed by the commission, with city council approval,
to serve on the long range planning advisory commission.
2-5B-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.
. . . .
2-5B-10: MEETINGS:
A. Regular Meetings: The commission must meet quarterly.
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 meet-
ings 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 commission
must be filed with the city council within ten (10) working days after approval by the
commission, or by the next regularly scheduled city council meeting, whichever is later.
F. Quorum: Six (6) commissioners constitute a quorum for the transaction of business.
The affirmative vote of a majority of the commissioners present and voting is necessary
for the adoption of any motion or resolution.
. . . .
Section 2. This ordinance shall take effect July 1, 2024.
Passed, approved, and adopted this 17th day of June 2024.
Brad Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
ORDINANCE NO. 34 - 24
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND COM-
MISSIONS, CHAPTER 5 HOUSING AGENCY AND COMMUNITY DEVELOPMENT COMMIS-
SIONS, ARTICLE D TRUST FUND ADVISORY COMMITTEE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
46
Section 1. Title 2, Chapter 5, Article D of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
. . . .
E. Membership:
1. The committee comprises five (5) residents of the city, appointed by the city council.
2. Special qualifications:
a. Two (2) of the members must be appointed by the committee, with city council ap-
proval, to serve on the City of Dubuque housing commission.
b. Three (3) members of the public must be elected specifically on the basis of expe-
rience in real estate development, banking, finance, accounting, funds management,
or other related areas of expertise.
F. Oath: Each person, upon appointment to the committee, must execute an oath of office
at the first meeting of the committee following the appointment or at the city clerk's office
any time prior to the first meeting of the committee.
. . . .
J. Meetings:
1. Regular Meetings: The committee must meet at least two (2) times per year; one
meeting must be a public hearing regarding submission of the Iowa finance authority
application.
2. Special Meetings: Special meetings may be called by the chairperson or at the written
request of a majority of the members.
3. Open Meetings: All meetings must be called and held in conformance with the Iowa
open meetings law.
4. Attendance:
a. In the event a member of the committee has been absent for three (3) or more
consecutive meetings of the committee, without being excused by the chairperson,
such absence will be grounds for the committee to recommend to the city council that
the position be declared vacant and a replacement appointed.
b. Attendance must be entered upon the minutes of all meetings.
5. Minutes: A copy of the minutes of all regular and special meetings of the committee
must be filed with the city council within ten (10) working days after approval by the
committee, or by the next regularly scheduled city council meeting, whichever is later.
6. Quorum: Three (3) members of the committee constitute a quorum for the transaction
of business. The affirmative vote of a majority of the members present and voting is
necessary for the adoption of any resolution.
. . . .
Section 2. This ordinance shall take effect July 1, 2024.
Passed, approved, and adopted this 17th day of June 2024.
Brad Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
ORDINANCE NO. 35-24
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND COM-
MISSIONS, CHAPTER 3 INVESTMENT OVERSIGHT ADVISORY COMMISSION
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. Title 2, Chapter 3 of the City of Dubuque Code of Ordinances is hereby amended
to read as follows:
. . . .
47
2-3-6: 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.
. . . .
2-3-10: MEETINGS:
A. Regular Meetings: The commission must meet quarterly.
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 meet-
ings 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 commission
must be filed with the city council within ten (10) working days after approval by the
commission, or by the next regularly scheduled city council meeting, whichever is la ter.
F. Quorum: Three (3) 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.
. . . .
Section 2. This ordinance shall take effect July 1, 2024.
Passed, approved, and adopted this 17th day of June 2024.
Brad Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
ORDINANCE NO. 36 - 24
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 15 PLANNING AND ZON-
ING, CHAPTER 2 LONG RANGE PLANNING ADVISORY COMMISSION
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. Title 15, Chapter 2 of the City of Dubuque Code of Ordinances is hereby amended
to read as follows:
. . . .
15-2-5: MEMBERSHIP:
A. Composition: The commission comprises seven (7) residents of the city, appointed by
the city council.
B. Qualifications:
1. All members must be qualified by their knowledge, experience, and ability to contrib-
ute to the city's long range planning and development efforts.
2. Cross-Representation: One (1) member must be appointed by and from the mem-
bership of the Housing Commission, with city council approval.
15-2-6: 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.
. . . .
15-2-10: MEETINGS:
48
A. Meetings: Meetings may be called by the Chairperson or at the written request of a
majority of the Commissioners.
B. Open Meetings: All meetings must be called and held in conformance with the Iowa
Open Meetings Law.
C. 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.
D. Minutes: A copy of the minutes of all regular and special meetings of the commission
must be filed with the City Council within ten (10) working days after approval by the
commission, or by the next regularly scheduled City Council meeting, whichever is later.
E. Quorum: Four (4) Commissioners constitute a quorum for the transaction of business.
The affirmative vote of a majority of the Commissioners present and voting is necessary
for the adoption of any motion or resolution.
. . . .
Section 2. This ordinance shall take effect July 1, 2024.
Passed, approved, and adopted this 17th day of June 2024.
Brad Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
ORDINANCE NO. 37-24
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 10 PUBLIC WAYS AND
PROPERTY, CHAPTER 5 PARKS AND RECREATION, ARTICLE A ADMINISTRATION,
SECTION 10-5A-2 PARK AND RECREATION ADVISORY COMMISSION
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. Section 10-5A-2 of the City of Dubuque Code of Ordinances is hereby amended
to read as follows:
. . . .
E. Membership: The commission comprises seven (7) residents of the City, appointed by
the City Council.
F. 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.
. . . .
J. Meetings:
1. Regular Meetings: The commission must meet not less than bi-monthly.
2. Special Meetings: Special meetings may be called by the Chairperson or at the writ-
ten request of a majority of the Commissioners.
3. Open Meetings: All meetings must be called and held in conformance with the Iowa
Open Meetings Law.
4. Attendance:
a. 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 ab-
sence will be grounds for the commission to recommend to the City Council that the
position be declared vacant and a replacement appointed.
b. Attendance must be entered upon the minutes of all meetings.
49
5. Minutes: A copy of the minutes of all regular and special meetings of the commission
must be filed with the City Council within ten (10) working days after approval by the
commission, or by the next regularly scheduled City Council meeting, whichever is
later.
6. Quorum: Four (4) Commissioners constitute a quorum for the transaction of business.
The affirmative vote of a majority of the Commissioners present and voting is neces-
sary for the adoption of any motion or resolution.
. . . .
Section 2. This ordinance shall take effect July 1, 2024.
Passed, approved, and adopted this 17th day of June 2024.
Brad Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
ORDINANCE NO. 38-24
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND COM-
MISSIONS, CHAPTER 6 RESILIENT COMMUNITY ADVISORY COMMISSION
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. Title 2, Chapter 6 of the City of Dubuque Code of Ordinances is hereby amended
to read as follows:
. . . .
2-6-6: 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.
2-6-7: TERMS: The term of office for commissioners is three (3) years or until such com-
missioner's successor is appointed and qualified. The terms of the cross representatives
appointed from the arts and cultural affairs advisory commission, Catfish Creek Water-
shed management authority, community development advisory commission, historic
preservation commission, housing commission, human rights commission, long range
planning advisory commission, park and recreation advisory commission, transit advisory
board, and/or zoning advisory commission must coincide with their terms on the resilient
community advisory commission.
. . . .
2-6-10: MEETINGS:
A. Regular Meetings: The commission generally meets monthly. When there is no busi-
ness, there is no obligation to meet.
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 meet-
ings 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 commission
must be filed with the city council within ten (10) working days after approval by the
commission, or by the next regularly scheduled city council meeting, whichever is la ter.
50
F. Quorum: Five (5) commissioners constitute a quorum for the transaction of business.
The affirmative vote of a majority of the commissioners present and voting is neces-
sary for the adoption of any motion or resolution.
. . . .
Section 2. This ordinance shall take effect July 1, 2024.
Passed, approved, and adopted this 17th day of June 2024.
Brad Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
ORDINANCE NO. 39-24
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 5 TRANSIT SYSTEM,
CHAPTER 1 TRANSIT ADVISORY BOARD
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. Title 5, Chapter 1 of the City of Dubuque Code of Ordinances is hereby amended
to read as follows:
. . . .
5-1-6: OATH: Each person, upon appointment to the board, must execute an oath of office
at the first meeting of the board following the appointment or at the City Clerk's Office any
time prior to the first meeting of the board.
. . . .
5-1-10: MEETINGS:
A. Regular Meetings: The board will meet bimonthly, September through May, meeting
no less than four (4) times per year.
B. Special Meetings: Special meetings may be called by the Chairperson or at the written
request of a majority of the members.
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 member of the board has been absent for three (3) or more consecutive
meetings of the board, without being excused by the Chairperson, such absence will
be grounds for the board to recommend to the City Council that the position be de-
clared 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 board must
be filed with the City Council within ten (10) working days after approval by the board,
or by the next regularly scheduled City Council meeting, whichever is later.
F. Quorum: Three (3) members of the board constitute a quorum for the transaction of
business. The affirmative vote of a majority of the members present and voting is nec-
essary for the adoption of any motion or resolution.
. . . .
Section 2. This ordinance shall take effect July 1, 2024.
Passed, approved, and adopted this 17th day of Jun, 2024.
Brad Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
ORDINANCE NO. 40 - 24
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED DEVELOP-
MENT CODE, CHAPTER 9 ZONING ADVISORY COMMISSION APPLICATIONS AND
51
PROCEDURES, SECTION 16-9-1 ZONING ADVISORY COMMISSION
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. Section 16-9-1 of the City of Dubuque Code of Ordinances is hereby amended to
read as follows:
. . . .
E. Membership:
1. Number Of Commissioners: The commission comprises seven (7) residents of the
city, appointed by the city council.
2. Qualifications:
a. Members must be qualified by knowledge, experience, and ability to act in matters
pertaining to short range planning and zoning, none of whom hold an elective position
in the city.
b. Two (2) members of the zoning advisory commission must be selected by the city
council to serve on the airport zoning advisory commission.
F. Oath: Each person, upon appointment to the commission, must execute an oath of
office at the first meeting of the commission or at the city clerk's office any time prior to
the first meeting of the commission.
. . . .
J. Meetings:
1. Meetings: Meetings may be called by the Chairperson or at the written request of a
majority of the Commissioners.
2. Open Meetings: All meetings must be called and held in conformance with the Iowa
Open Meetings Law.
3. Attendance:
a. 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 ab-
sence will be grounds for the commission to recommend to the City Council that the
position be declared vacant and a replacement appointed.
b. Attendance must be entered upon the minutes of all meetings.
4. Minutes: A copy of the minutes of all regular and special meetings of the commission
must be filed with the City Council within ten (10) working days after approval by the
commission, or by the next regularly scheduled City Council meeting, whichever is
later.
5. Quorum: Four (4) Commissioners constitute a quorum for the transaction of business.
The affirmative vote of a majority of the Commissioners present and voting is neces-
sary for the adoption of any motion or resolution.
. . . .
L. Removal: The City Council may remove any Commissioner for cause upon written
charges and after a public hearing.
. . . .
Section 2. This ordinance shall take effect July 1, 2024.
Passed, approved, and adopted this 17th day of June 2024.
Brad Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
ORDINANCE NO. 41-24
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED DEVELOP-
MENT CODE, CHAPTER 8 ZONING BOARD OF ADJUSTMENT APPLICATIONS AND
52
PROCEDURES, SECTION 16-8-1 ZONING BOARD OF ADJUSTMENT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. Section 16-8-1 of the City of Dubuque Code of Ordinances is hereby amended to
read as follows:
. . . .
E. Membership:
1. The board comprises five (5) residents of the city, appointed by the city council.
2. Two (2) members from the board must be selected by the city council as cross rep-
resentatives to the airport zoning board of adjustment.
3. A majority of the members of the board must be persons representing the public at
large and must not be involved in the business of purchasing or selling real estate.
F. Oath: Each person, upon appointment to the board, must execute an oath of office at
the first meeting of the board following the appointment or at the city clerk's office any
time prior to the first meeting of the board.
. . . .
J. Meetings:
1. Meetings: Meetings may be called by the chairperson or at the written request of a
majority of the members.
2. Open Meetings: All meetings must be called and held in conformance with the Iowa
open meetings law.
3. Attendance:
a. In the event a member of the board has been absent for three (3) or more consec-
utive meetings of the board, without being excused by the chairperson, such absence
will be grounds for the board to recommend to the city council that the position be
declared vacant and a replacement appointed.
b. Attendance must be entered upon the minutes of all meetings.
4. Minutes: A copy of the minutes of all regular and special meetings of the board must
be filed with the city council within ten (10) working days after approval by the board,
or by the next regularly scheduled city council meeting, whichever is later.
5. Quorum: The concurring vote of three (3) members of the board is necessary to re-
verse any order, requirement, decision, or determination of any such administrative
official, or to decide in favor of the applicant on any matter upon which it is required to
pass under any such ordinance or to affect any variation in such ordinance.
. . . .
Section 2. This ordinance shall take effect July 1, 2024.
Passed, approved, and adopted this 17th day of June 2024.
Brad Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
13. Work Session Request: Central Avenue & White Street Corridor Traffic Study: Motion by
Sprank to receive and file the documents and schedule the work session for July 1, 2024, at
5:30 p.m. Seconded by Resnick. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Sprank reported on the upcoming event at Audubon Elementary to unveil a
new sculpture made from old Comiskey Park playground equipment.
Council Member Farber reported on attending the National League of Cities (NLC) summer
53
board meeting.
Council Member Resnick reported on the bear recently sited in Dubuque.
Council Member Roussell reported on the Juneteenth celebration and the Dog Expo.
Council member Wethal also reported on the Juneteenth celebration and GDDC’s Talent
Dubuque Luncheon.
Council Member Jones reported on gathering with a group of Marine veterans and former
Dubuque Mayor Walt Pregler, during which they visited the bell from the USS Dubuque. Mr.
Jones also reported on ribbon cuttings for the Telegraph Herald building and the new sculpture
outside Carnegie Stout Public Library.
Mayor Cavanagh reported on his recent presentation on the SMART Grant the city received
for the STREETS Program.
CLOSED SESSION
Motion by Jones to convene in closed session at 10:03 p.m. to discuss Pending Litigation
and Purchase or Sale of Real Estate – Chapter 21.5(1)(c),(j) Code of Iowa. Seconded by Rous-
sell. Mayor Cavanagh stated for the record that the attorney who will consul t with City Council
on the issues to be discussed in the closed session is City Attorney Brumwell. Motion carried 7 -
0.
The City Council reconvened in open session at 11:01 p.m. stating that staff had been given
proper direction.
ADJOURNMENT
There being no further business, Mayor Cavanagh declared the meeting adjourned at 11:01
p.m.
/s/Adrienne N. Breitfelder, CMC, City Clerk