9 16 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 5:32 p.m. on September 16, 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 closed session pursuant to Iowa Code Chapter
21.5 and a work session on the new City Council agenda management software.
CLOSED SESSION
Motion by Jones to convene in closed session at 5:34 p.m. to discuss Confidential
Records – Chapter 21.5(1)(a) Code of Iowa. Seconded by Farber. Motion carried 7-0.
The City Council reconvened in open session at 6:05 p.m. stating that staff had been
given proper direction.
WORK SESSION
New City Council Agenda Management Software Demonstration
City Clerk Breitfelder demonstrated the public portal for CivicPlus's Agenda and Meet-
ing Management Select software, which the City will implement for City Council meeting
agendas beginning with the October 7, 2024, City Council meeting. Responding to a
question from the City Council, City Attorney Brumwell stated she would confirm the stat-
ute regarding draft notes pertaining to open records requests.
There being no further business, Mayor Cavanagh declared the meeting adjourned at
6:25 p.m.
/s/Adrienne N. Breitfelder, CMC, City Clerk
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CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on September 16, 2024,
in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Cavanagh; Council Members Farber, Jones, Resnick, Roussell,
Sprank, Wethal; City Manager Van Milligen, City Attorney Brumwell.
Mayor Cavanagh read the call and stated this is a regular session of the City Council
called for the purpose of conducting such business that may properly come before the
City Council.
PLEDGE OF ALLEGIANCE
CONSENT ITEMS
Motion by Resnick to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Farber. Motion carried 7-0.
1. Minutes and Reports Submitted: Airport Commission of June 6 and August 13, 2024;
City Council Proceedings of August 14, 19, 20, 21, 26 and September 3, 2024; Civil Ser-
vice Commission of August 22, 2024; Community Development Advisory Commission of
July 17, 2024; Equity and Human Rights Commission of July 9, 2024; Library Board of
Trustees of January 25, February 29, March 28, 2024; Zon ing Advisory Commission of
August 7, 2024; Proof of Publication for City Council Proceedings of August 14, 2024.
Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Abby Stickley for vehicle damage. Upon motion the doc-
uments were received, filed, and referred to the City Attorney.
3. Disposition of Claims: City Attorney advising that the following claims have been
referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As-
surance Pool: Abby Stickley for vehicle damage. Upon motion the documents were re-
ceived, filed, and concurred.
4. Approval of City Expenditures: Upon motion the documents were received and filed,
and Resolution No. 283-24 Authorizing the Chief Financial Officer/City Treasurer to make
certain payments of bills that must be paid and approved for payment in accordance with
City procedures was adopted.
RESOLUTION NO. 283-24
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AUTHORIZING THE CHIEF FINANCIAL OFFICER / CITY TREASURER TO MAKE
CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAY-
MENT IN ACCORDANCE WITH CITY PROCEDURES
Whereas, Section 1-7-7(E) of the Municipal Code of the City of Dubuque provides that
the Finance Director-City Treasurer shall keep an accurate account of all disbursements,
money, or property, specifying date, to whom, and from what fund paid; and
Whereas, the invoices, presented by those firms and persons providing such goods
and services have been pre-audited by Finance Department personnel in accordance
with generally accepted internal control procedures and have been determined to have
been requisitioned for a lawful municipal purpose; and
Whereas, the Chief Financial Officer-City Treasurer has provided a list of Expenditures
attached hereto, and by this reference made a part hereof, to be drawn to pay for goods
and services provided for City purposes; and
Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142 -
18 adopted May 7, 2018, authorized the Chief Financial Officer -City Treasurer to issue
checks in payment of certain expenditures known as Exception Expenditures prior to Cit y
Council approval and such list is attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Chief Financial Officer-City Treasurer is hereby authorized to issue
payment for goods and services provided for City purposes in response to the purchase
orders and contracts issued in compliance with state and municipal code requirements
as requested by designated requisitioning authorities in accordance with approved budget
appropriations.
Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Chief
Financial Officer are hereby authorized and directed to provide the statement of receipts
and disbursements to the City Council, and to publish a summary thereof.
Passed, approved, and adopted this 16th day of September 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
5. FFY 2025 Iowa Governor’s Traffic Safety Bureau (GTSB) Grant Funds : City Man-
ager recommended City Council approval to receive $19,500 in FFY 2025 as a recipient
of Iowa Department of Public Safety, Governor’s Traffic Safety Bureau Grant funds. Upon
motion the documents were received, filed, and approved.
6. Resolution Approving the Termination Agreement for the January 2023 Develop-
ment Agreement by and between the City of Dubuque, Iowa and McCoy Group : Upon
motion the documents were received and filed, and Resolution No. 284-24 Approving the
Termination Agreement and Release terminating the Development Agreement by and
between the City of Dubuque, Iowa and McCoy Group, Inc. was adopted.
RESOLUTION NO. 284-24
APPROVING THE TERMINATION AGREEMENT AND RELEASE TERMINATING THE
DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA
AND MCCOY GROUP, INC.
4
Whereas, the City of Dubuque, Iowa (City) and McCoy Group, Inc. (Developer) entered
into a Development Agreement dated for reference purposes the 3rd day of January 2023
(the January 2023 Development Agreement) for the construction of a new headquarters
by Developer on Twin Valley Drive on Developer’s property, legally described as follows:
TRACT I (PIN 1501401003)
Lot 2 of Lot 3 of Lot 3 of Southpark Addition No. 1, in the City of Dubuque, Iowa,
according to the recorded plat thereof, subject to easements of record
TRACT II (PIN 1501401005)
Lot 2 of Southpark Addition No. 2, in the City of Dubuque, Iowa, according to the
recorded plat thereof, subject to easements of record
TRACT III (PIN 1501402003)
Lot 2 of Southpark Addition No.1, in the City of Dubuque, Iowa, according to the
recorded plat thereof, subject to easements of record (the “Property”)
TRACT IV (PIN 1501401004)
Lot 1 of Southpark Addition No. 2, in the City of Dubuque, Iowa, according to the
recorded plat thereof, subject to easement of record
TRACT V (PINS 1501328002 and 1501328003)
Lots 1 and 2 of Gudenkauf Place, City of Dubuque, Iowa; and
Whereas, Developer has identified a separate site that better accommodates its needs
for continued growth in the City of Dubuque; and
Whereas, Developer no longer intends to develop the new headquarters on Devel-
oper’s property on Twin Valley Drive and has instead entered into a new Development
Agreement for Developer’s property in the South Port; and
Whereas, City and Developer now desire to terminate the January 2023 Development
Agreement on the terms and conditions set forth in this Termination Agreement and Re-
lease, attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Termination Agreement and Release Between the City of Dubuque,
Iowa and McCoy Group, Inc. attached hereto is hereby approved.
Section 2. The Mayor is hereby authorized and directed to sign the Termination Agree-
ment and Release on behalf of the City of Dubuque.
Section 3. The City Manager is authorized to take such actions as are necessary to
comply with the terms of the Termination Agreement and Release as herein approved.
Passed, approved, and adopted this 16th day of September 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
7. HHH Enterprises, LLC Lease Renewal: Upon motion the documents were received
and filed, and Resolution No. 285-24 Intent to dispose of an interest in real property
owned by the City of Dubuque by Lease between the City of Dubuque and HHH Enter-
prises, LLC was adopted.
RESOLUTION NO. 285-24
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INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY OWNED BY THE CITY
OF DUBUQUE BY LEASE BETWEEN THE CITY OF DUBUQUE AND HHH ENTER-
PRISES, LLC.
Whereas, the City of Dubuque, Iowa (City) owns a portion of the sidewalk adjacent to
the southwestern boundary of West 1st Street and connecting to the real property at 180
Main Street in the City of Dubuque, Iowa (the Property); and
Whereas, City and HHH Enterprises, LLC. have negotiated a Lease Agreement for
HHH Enterprises, LLC. to operate and maintain a restaurant deck and beer garden at 180
Main Street, a copy of which Lease Agreement is on file at the office of the City Clerk,
City Hall, 50 West 15th Street, Dubuque, Iowa; and
Whereas, City and HHH Enterprises, LLC. Have negotiated to continue the annual rent
increase based on the Cost of Living (COL) adjustment, or 3%, whichever is greater; and
Whereas, the City Council believes it is in the best interests of the City of Dubuque to
approve the Lease Agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to dispose of its interest in the Property by
Lease Agreement between City and HHH Enterprises, LLC.
Section 2. The Mayor is authorized and directed to execute said Lease Agreement on
behalf of the City of Dubuque.
Passed, approved and adopted this 16th day of September 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
8. Acceptance of a Grant of Easement for Public Utilities over CCI5, LLC Property at
1502 Bies Drive, Dubuque, Iowa: Upon motion the documents were received and filed,
and Resolution No. 286-24 Accepting a Grant of Easement for Public Utilities Through,
Over and Across Part of Lot 1 of Roger F. & Kathleen A. Klauer Family Place, in the City
of Dubuque, Iowa was adopted.
RESOLUTION NO. 286-24
ACCEPTING A GRANT OF EASEMENT FOR PUBLIC UTILITIES THROUGH, OVER
AND ACROSS PART OF LOT 1 OF ROGER F. & KATHLEEN A. KLAUER FAMILY
PLACE, IN THE CITY OF DUBUQUE, IOWA
Whereas, CCI5, LLC has executed a Grant of Easement for Public Utilities through,
over and across part of Lot 1 of Roger F. & Kathleen A. Klauer Family Place, in the City
of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts
and consents to the Grant of Easement for Public Utilities through, over, and across part
of Lot 1 of Roger F. & Kathleen A. Klauer Family Place, in the City of Dubuque, Iowa, as
shown on the Grant of Easement for Public Utilities, from CCI5, LLC, a copy of which is
attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
6
Section 3. The City Clerk is hereby authorized to and directed to record this resolution
and Grant of Easement for Public Utilities with the Dubuque County Recorder.
Passed, approved and adopted this 16th day of September 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
9. Acceptance of a Grant of Easement for Public Utilities over Schreiber Property at
1562 Kebbie Drive, Dubuque, Iowa: Upon motion the documents were received and filed,
and Resolution No. 287-24 Accepting a Grant of Easement for Public Utilities through,
over and across Part of Lot 2 of Schreiber Subdivision, in the City of Dubuque, Iowa was
adopted.
RESOLUTION NO. 287-24
ACCEPTING A GRANT OF EASEMENT FOR PUBLIC UTILITIES THROUGH, OVER
AND ACROSS PART OF LOT 2 OF SCHREIBER SUBDIVISION, IN THE CITY OF
DUBUQUE, IOWA
Whereas, James E. Schreiber and Renee E. Schreiber have executed a Grant of Ease-
ment for Public Utilities through, over and across part of Part of Lot 2 of Schreiber Subdi-
vision, in the City of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts
and consents to the Grant of Easement for Public Utilities through, over, and across Part
of Lot 2 of Schreiber Subdivision, in the City of Dubuque, Iowa, as shown on the Grant of
Easement for Public Utilities, from James E. Schreiber and Renee E. Schreiber, a copy
of which is attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
Section 3. The City Clerk is hereby authorized to and directed to record this resolution
and Grant of Easement for Public Utilities with the Dubuque County Recorder.
Passed, approved and adopted this 16th day of September 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
10. U.S. Hwy 20 and Devon Drive Frontage Road Project - Acceptance of Public Im-
provement Construction Contract - Project No. 5521000051: Upon motion the documents
were received and filed, and Resolution No. 288-24 Accepting the U.S. Hwy 20 and
Devon Drive Frontage Road Project and authorizing final payment to the contractor was
adopted.
RESOLUTION NO. 288-24
ACCEPTING THE U.S. HWY 20 AND DEVON DRIVE FRONTAGE ROAD PROJECT
AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR
Whereas, the public improvement contract for the U.S. Hwy 20 and Devon Drive Front-
age Road Project., (the Project) has been completed by the Contractor, Midwest
7
Concrete, Inc of Peosta, IA (Contractor), the City Engineer has examined the work and
recommends that the Project be accepted; and
Whereas, the final contract amount for the Project is $15,320.61; and
Whereas, the Contractor has previously been paid $13,960.61, leaving a balance of
$1,360.00; and
Whereas, the City Council finds that the recommendation of the City Engineer should
be accepted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved, and the Project is
hereby accepted.
Section 2. The Finance Director is hereby directed to pay the Contractor for the balance
of the retainage of $1,360.00 as provided in Iowa Code chapter 573, and to pay such
retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code
chapter 26.13.
Passed, approved and adopted this 16th day of September 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
11. Iowa Department of Transportation Storm Sewer and Intake Work Project Notifica-
tion: Correspondence from Jesse Tibodeau, Assistant District Engineer with the Iowa De-
partment of Transportation, notifying the City Council of storm sewer and intake work on
US-20 East bound near the Middle Catfish Creek and Railroad Bridge. Upon motion the
documents were received and filed.
12. Authorization to Submit FY24/PY23 Community Development Block Grant CAPER:
Upon motion the documents were received and filed, and Resolution No. 289 -24 Author-
izing the submission of a Consolidated Annual Performance and Evaluation Report (CA-
PER) for the period commencing July 1, 2023, and concluding June 30, 2024, was
adopted.
RESOLUTION NO. 289-24
AUTHORIZING THE SUBMISSION OF A CONSOLIDATED ANNUAL PERFORMANCE
AND EVALUATION REPORT (CAPER) FOR THE PERIOD COMMENCING JULY 1,
2023, AND CONCLUDING JUNE 30, 2024
Whereas, the City of Dubuque, Iowa, is an entitlement grant recipient under the Com-
munity Development Block Grant (CDBG) Program of the U.S. Department of Housing
and Urban Development (HUD); and
Whereas, the CDBG regulations require each entitlement recipient must submit a per-
formance and evaluation report, Consolidated Annual Performance and Evaluation Re-
port (CAPER); and
Whereas, the City has 1) prepared a CAPER for the program year commencing July
1, 2023 and concluding June 30, 2024; 2) published notice of availability of the CAPER
in the Telegraph Herald and City of Dubuque website on August 20, 2024 and; 3) made
copies of the CAPER available for public review; 4) held a public hearing pursuant to
8
required 15-days published notice before the Community Development Advisory Com-
mission on September 4, 2024.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Consolidated Annual Performance and Evaluation Report (CAPER)
for the period commencing July 1, 2023, and concluding June 30, 2024, is hereby ap-
proved for submission upon the completion of the Public Hearing held on September 4,
2024.
Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to
execute the Consolidated Annual Performance and Evaluation Report (CAPER) on behalf
of the City of Dubuque, Iowa.
Section 3. That the City Manager is hereby authorized to direct staff to submit the
Consolidated Annual Performance and Evaluation Report (CAPER) along with any public
comment to the U.S. Department of Housing and Urban Development.
Passed, approved, and adopted this 16th day of September 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
13. Intent to Apply for Local Housing Trust Fund Grant 2025 : Upon motion the docu-
ments were received and filed, and Resolution No. 290-24 Authorizing submittal of the
application for Local Housing Trust Funds to the Iowa Finance Authority was adopted.
RESOLUTION NO. 290-24
AUTHORIZING SUBMITTAL OF THE APPLICATION FOR OF LOCAL HOUSING
TRUST FUNDS TO THE IOWA FINANCE AUTHORITY
Whereas, the City of Dubuque administers a Local Housing Trust Fund; and
Whereas, the City of Dubuque proposes to continue administering the Local Housing
Trust Fund, to apply for funds from the Iowa Finance Authority for Local Housing Trust
Fund for their Fiscal Year 2025; and
Whereas, the Local Housing Trust Fund Advisory Committee held a public hearing for
the application on September 12, 2024, and such application was approved by the Com-
mittee for submittal.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
Section 1. That the Housing and Community Development Director and the City Man-
ager are hereby authorized to submit the application for Local Housing Trust Funds to the
Iowa Finance Authority.
Passed, approved and adopted this 16th day of September 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
14. Nature Everywhere Accelerator Community Application : City Manager shared the
application that was filed for the Nature Everywhere Accelerator Community after City
Council approved the letter of support and appointment of a city representative at the
9
September 3, 2024, City Council meeting. Upon motion the documents were received
and filed.
15. Acceptance of the Comiskey Park – Phase 1 Redevelopment Project: Upon motion
the documents were received and filed, and Resolution No. 291-24 Accepting Public Im-
provement Contract for the Comiskey Park – Phase 1 Redevelopment Project was
adopted.
RESOLUTION NO. 291-24
ACCEPTING PUBLIC IMPROVEMENT CONTRACT FOR THE COMISKEY PARK –
PHASE 1 REDEVELOPMENT PROJECT
Whereas, the public improvement contract for the Comiskey Park – Phase 1 Redevel-
opment Project has been completed by the Contractor, Portzen Construction, Dubuque,
IA. The Leisure Services Director has examined the work and recommends that the Pro-
ject be accepted; and
Whereas, the final contract amount is $2,011,101.26 of which retainage in the amount
$5,250 is being held for 30 days after acceptance and approval, and paid at that time
provided no claims from others are filed; and
Whereas, the City Council finds that the recommendation of the Leisure Services Di-
rector should be accepted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The recommendation of the Leisure Services Director is approved, and the
Project is hereby accepted.
Section 2. The Chief Financial Officer is directed to pay to the Contractor the balance
of the final payment of $5,250.00 as provided in Iowa Code chapter 573.13
Passed, approved, and adopted this 16th day of September 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
16. Improvement Contracts / Performance, Payment, and Maintenance Bonds: Top
Grade Excavating, Inc. for the E 24th Street Sit Contaminated Soil Removal Project. Upon
motion the documents were received, filed, and approved.
17. Temporary Agreement Between the City of Dubuque and ITC Midwest, LLC to
Operate an Electric Transmission System in the City of Dubuque: Upon motion the doc-
uments were received and filed, and Resolution No. 292-24 Approving an agreement
between the City of Dubuque and ITC Midwest, LLC to operate an electric transmission
system in the City of Dubuque was adopted.
RESOLUTION NO. 292-24
APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE AND ITC MID-
WEST, LLC TO OPERATE AN ELECTRIC TRANSMISSION SYSTEM IN THE CITY OF
DUBUQUE
Whereas, the City of Dubuque, Iowa (City) and ITC Midwest, LLC (ITC Midwest) have
tentatively entered into an Agreement for the operation of an electric transmission system
10
in the City of Dubuque until such time as City and ITC Midwest finalize a franchise agree-
ment to operate the system; and
Whereas, the City Council finds that it is in the best interests of the City of Dubuque to
approve the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The attached Agreement is hereby approved.
Section 2. The City Manager is authorized and directed to sign the Agreement on be-
half of the City of Dubuque.
Passed, approved and adopted this 16th day of September 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
18. Approval of Retail Alcohol Licenses: Upon motion the documents were received
and filed, and Resolution No. 293-24 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 Licenses and Permits
was adopted.
RESOLUTION NO. 293-24
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
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 approved; and
Whereas, the premises to be occupied by such applicants were inspected and found
to comply with the Ordinances of the City, and the applicants have filed the proper fees
and bonds and otherwise complied with the requirements of the Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City Clerk is hereby authorized and directed to cause to be issued at
the noted premise address to the following applicants pending submission of the locally
required documentation:
New Applications
Betty Jane Candies 1785 John F. Kennedy Rd.
Renewals
Chipotle Mexican Grill 3450 Dodge St. Suite 101
Denny's Lux Club 3050 Asbury Rd.
Fat Tuesday's 1121 University Ave.
Fiesta Cancun Authentic Mexican Restaurant 2515-1 NW Arterial
First Reserve 210 West 1st St.
Grand Tap The 802 Central Ave.
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Red Robin America's Gourmet Burgers & Spirits 2775 NW Arterial
Southend Tap 55 Locust St.
The Copper Kettle Inc. 2987 Jackson St.
Special Event(s) per Special Event Application Submittal, Provisional Issuances
Aladdin Campus Dining – UD Football Games -
9-4-24 to 9-8-24, 9-19-24 to 9-23-24, 10-5-24 to 10-
9-24, 10-26-24 to 10-30-24, 11-9-24 to 11-13-24
UD Tent area and front parking
lot between West Street and
McCormick Street Extension
Dubuque Jaycees - Millwork Night Market –
9-8-24 to 9-12-24
East 7th to 9th & Jackson St +
East 8th to Elm Street
Dubuque Jaycees – Octoberfest –
9-10-24 to 9-14-24
10th Street from Jackson to
Elm & Washington Street mid-
way between East 11th and
East 9th Streets
Q Casino - Dubuque Fighting Saints Opening –
9-3-24 to 9-7-24
1855 Greyhound Park Rd. -
Parking Lot
Adding A Privilege
Stone Cliff Winery - Adding Catering 600 Star Brewery Dr.
Passed, approved, and adopted this 16th day of September 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Roussell to receive and file the documents, adopt the resolutions, and set
the public hearings as indicated. Seconded by Wethal. Motion carried 7 -0.
1. Iowa Amphitheater on Schmitt Island Project - Bid Package No. 1 (Site Demolition
& Mass Grading) - Initiate Public Bidding Process and Setting Date for Public Hearing :
Upon motion the documents were received and filed and Resolution No. 294 -24 Iowa
Amphitheater on Schmitt Island Project – Bid Package No. 1 (Site Demolition & Mass
Grading): preliminary approval of plans, specifications, form of contract, and estimated
cost; setting date of public hearing on plans, specifications, form of contract, and est i-
mated cost; and ordering the advertisement for bids was adopted setting a public hearing
for a meeting to commence at 6:30 p.m. on October 7, 2024 in the Historic Federal Build-
ing.
RESOLUTION NO. 294-24
IOWA AMPHITHEATER ON SCHMITT ISLAND PROJECT – BID PACKAGE NO. 1
(SITE DEMOLITION & MASS GRADING), PRELIMINARY APPROVAL OF PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE
OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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Section 1. The proposed plans, specifications, form of contract and estimated cost for
the Iowa Amphitheater on Schmitt Island Project – Bid Package No. 1 (Site Demolition &
Mass Grading) in the estimated construction amount of $1,018,000.00, are hereby pre-
liminarily approved and ordered filed in the office of the City Clerk for public inspection.
Section 2. A public hearing will be held on the 7th day of October, 2024, at 6:30 p.m.
in the Historic Federal Building Council Chambers (and/or by virtual means) 350 W. 6th
Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or
against the proposed plans and specifications, form of contract and estimated cost of said
Project, and the City Clerk be and is hereby directed to cause the attached notice of the
time and place of such hearing to be published in a newspaper having g eneral circulation
in the City of Dubuque, Iowa, which notice shall be published not less than four days nor
more than twenty days prior to the date of such hearing. At the hearing, any interested
person may appear and file objections to the proposed plans, specifications, form of con-
tract, or estimated cost of the Project.
Section 3. The Iowa Amphitheater on Schmitt Island Project – Bid Package No. 1 (Site
Demolition & Mass Grading) is hereby ordered to be advertised for bids for construction.
Section 4. The amount of the security to accompany each bid shall be in an amount
which shall conform to the provisions of the Notice to Bidders hereby approved.
Section 5. The City Engineer is hereby directed to advertise for bids for the construction
of the improvements herein provided, by publishing the Notice to Bidders to be published
on the City of Dubuque website and a contractor plan room service with statewide circu-
lation, which notice shall be published not less than thirteen but not more than forty -five
days before the date for filing bids before 2:00 p.m. on the 10th day of October 2024. Bids
shall be opened and read by the City Clerk at said time and will be submitted to the City
Council for final action at 6:30 p.m. on the 21st day of October 2024, in the Historic Fed-
eral Building Council Chambers (and/or by virtual means) 350 West 6th Street, Dubuque,
Iowa.
Passed, adopted and approved this the 16th day of September 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
2. Proceedings to Set Public Hearing for the Issuance of Not to Exceed $22,000,000
Sewer Revenue Capital Loan Notes (State Revolving Loan Fund Program) Old Mill Rd.
Lift Station and Force Main Project – Phase I: Upon motion the documents were received
and filed and Resolution No. 295-24 Resolution to fix a date for a public hearing on pro-
posal to enter into a Sewer Revenue Loan and Disbursement Agreement and to borrow
money thereunder in a principal amount not to exceed $22,000,000 was adopted setting
a public hearing for a meeting to commence at 6:30 p.m. on October 7, 2024 in the His-
toric Federal Building.
RESOLUTION NO. 295-24
RESOLUTION TO FIX A DATE FOR A PUBLIC HEARING ON PROPOSAL TO ENTER
INTO A SEWER REVENUE LOAN AND DISBURSEMENT AGREEMENT AND TO
BORROW MONEY THEREUNDER IN A PRINCIPAL AMOUNT NOT TO EXCEED
$22,000,000
13
Whereas, the City of Dubuque (the “City”), in Dubuque County, State of Iowa, did here-
tofore establish a Municipal Sanitary Sewer System (the “Utility”) in and for the City which
has continuously supplied sanitary sewer service in and to the City and its inhabitan ts
since its establishment; and
Whereas, the management and control of the Utility are vested in the City Council (the
“Council”) and no board of trustees exists for this purpose; and
Whereas, pursuant to prior resolutions of the Council, the City has heretofore issued
sewer revenue bonds or notes as set forth on attached outstanding debt certificate, and
a portion of such prior sewer revenue debt remains outstanding (the “Outstanding Indebt-
edness”); and
Whereas, pursuant to the resolutions relating to and authorizing the Outstanding In-
debtedness (the “Outstanding Bond Resolutions”) the City reserved the right to issue ad-
ditional obligations payable from the net revenues of the Utility and ranking on a parity
with the Outstanding Indebtedness under the terms and conditions set forth in the Out-
standing Bond Resolutions; and
Whereas, the City now proposes to enter into a Sewer Revenue Loan and Disburse-
ment Agreement (the “Agreement”) and to borrow money thereunder in a principal
amount not to exceed $22,000,000, pursuant to the provisions of Section 384.24A of the
Code of Iowa, for the purpose of paying the cost, to that extent, of planning, designing
and constructing improvements and extensions to the Utility (the “Project”), and it is nec-
essary to fix a date of meeting of the Council at which it is proposed to take action to enter
into the Agreement and to give notice thereof as required by such law;
NOW, THEREFORE, Be It Resolved by the City Council of the City of Dubuque, Iowa,
as follows:
Section 1. This City Council shall meet on October 7, 2024, at 6:30 p.m., at the Historic
Federal Building, 350 W. 6th St, Second Floor Council Chambers, at which time and place
a hearing will be held and proceedings will be instituted and action taken to enter into the
Agreement.
Section 2. The City Clerk is hereby directed to give notice of the proposed action on
the Agreement setting forth the amount and purpose thereof, the time when and place
where the said meeting will be held, by publication at least once, not less than four (4)
and not more than twenty (20) days before the meeting, in a legal newspaper which has
a general circulation in the City. The notice shall be in substantially the [Provided] form:
Section 3. Pursuant to Section 1.150-2 of the Income Tax Regulations (the “Regula-
tions”) of the Internal Revenue Service, the City declares (a) that it intends to undertake
the Project which is reasonably estimated to cost approximately $22,000,000, (b) that
other than (i) expenditures to be paid or reimbursed from sources other than the issuance
of bonds, notes or other obligations (the “Bonds”), or (ii) expenditures made not earlier
than 60 days prior to the date of this Resolution or a previous intent re solution of the City,
or (iii) expenditures amounting to the lesser of $100,000 or 5% of the proceeds of the
Bonds, or (iv) expenditures constituting preliminary expenditures as defined in Section
1.150-2(f)(2) of the Regulations, no expenditures for the P roject have heretofore been
made by the City and no expenditures will be made by the City until after the date of this
Resolution or a prior intent resolution of the City, and (c) that the City reasonably expects
to reimburse the expenditures made for costs of the City out of the proceeds of the Bonds.
14
This declaration is a declaration of official intent adopted pursuant to Section 1.150 -2 of
the Regulations.
Section 4. All resolutions or parts of resolutions in conflict herewith are hereby repealed
to the extent of such conflict.
Section 5. This resolution shall be in full force and effect immediately upon its adoption
and approval, as provided by law.
Passed, approved, and adopted this 16th day of September 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
3. Resolution of Necessity for the Proposed Amended and Restated Urban Renewal
Plan for the North Cascade Road Housing Urban Renewal Area, Version 2024.1 : Upon
motion the documents were received and filed and Resolution No. 296 -24 Resolution of
necessity finding that certain property in and near the North Cascade Road Urban Re-
newal Area is an Economic Development Area and that the development of said area is
necessary in the intertest of the residents of the City of Dubuque, Iowa, and setting a date
for a hearing on a proposed amended and restated urban renewal plan for said area was
adopted setting a public hearing for a meeting to commence at 6:30 p.m. on October 21,
2024 in the Historic Federal Building.
RESOLUTION NO. 296-24
RESOLUTION OF NECESSITY FINDING THAT CERTAIN PROPRETY IN AND NEAR
THE NORTH CASCADE ROAD URBAN RENEWAL AREA IS AN ECONOMIC DEVEL-
OPMENT AREA AND THAT THE DEVELOPMENT OF SAID AREA IS NECESSARY IN
THE INTERTEST OF THE RESIDENTS OF THE CITY OF DUBUQUE, IOWA, AND
SETTING A DATE FOR A HEARING ON A PROPOSED AMENDED AND RESTATED
URBAN RENEWAL PLAN FOR SAID AREA
Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 380 -
15, adopted November 2, 2015, as amended, approved the Urban Renewal Plan (the
“Urban Renewal Plan”) for the North Cascade Road Housing Urban Renewal Area (the
“Area”) in order to stimulate, through public involvement and commitment, private invest-
ment in new housing and residential development as defined by Iowa Code 403.17(12),
as described in the Urban Renewal Plan; and
Whereas, City staff has recommended that the Urban Renewal Plan be amended to
add additional areas and current project details, including the construction of expanded
water infrastructure to better serve the Area; and
Whereas, the City Council has determined that the area described in Attachments A
and B to this Resolution meets the definition of an economic development area as defined
in Chapter 403 “Urban Renewal” of the Iowa Code, and staff has advised that all required
consents from Dubuque County and the owners of any agricultural land have been ob-
tained; and
Whereas, a significant need for housing units exists in the community and local re-
sources are needed to advance the development; and
Whereas, Iowa Code Chapter 403 requires that before urban renewal authority may
be exercised, a City Council must adopt a resolution of necessity finding that the area in
question is a slum, blighted or economic development area, and that so designating such
15
area is necessary in the interest of the public health, safety or welfare of the residents of
the municipality.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. That the area generally described in Attachment A and B to this Resolution
is an economic development area as defined by Chapter 403 of the Iowa Code and is
appropriate for an urban renewal project and public improvements related to housing and
residential development.
Section 2. That the further development of the amended North Cascade Road Housing
Urban Renewal Area is necessary and appropriate to facilitate the proper growth and
development of the community in accordance with sound planning and local community
objectives.
Section 3. That the development of this area will provide new opportunities for quality
housing and job creation in the community.
Section 4. That the City Manager is authorized and directed to prepare an Amended
and Restated Urban Renewal Plan for the North Cascade Road Housing Urban Renewal
Area and to begin the consultation process required by law with affected taxing entities.
Section 5. That the City Clerk is directed to publish notice of a public hearing on the
adoption of an Amended and Restated Urban Renewal Plan for the North Cascade Road
Housing Urban Renewal Area to be held on the 21st day of October, 2024, at 6:30 p.m.
in the Historic Federal Building in Dubuque, Iowa, 350 W. 6th Street, Dubuque, Iowa and
that said notice shall generally identify the area covered by the Plan and the general
scope of the Urban Renewal Plan activities planned for such area.
Section 6. That the Economic Development Director is further directed to send by or-
dinary mail a copy of said Plan and notice of public hearing to the Dubuque Community
School District, and the County Board of Supervisors, as the affected taxing entities.
Passed, approved, and adopted this 16th day of September 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
BOARDS/COMMISSIONS
Applications were reviewed for the following Boards and Commissions. Applicants
were invited to address the City Council regarding their desire to serve on the following
Boards/Commissions.
1. Civic Center Advisory Commission: One, 3-Year term through June 29, 2027 (Ex-
pired term of Jacobs). Applicant: Danielle Jacobs, 3130 Shiras Ave.
2. Community Development Advisory Commission: One, 3-Year term through Febru-
ary 15, 2026 (Vacant At-Large term of Mozena) and one, 3-Year term through February
15, 2027 (Vacant Low to Moderate Income Representative term of Woodyard). Appli-
cants: Gabriel Mozena, 196 Bluff St. (Qualifies for Low to Moderate Income Representa-
tive and At-Large) and Julie Woodyard, 1950 Coates St. (Qualities for At-Large).
PUBLIC HEARINGS
16
1. Request to Rezone 27 Locust Street: Motion by Jones to receive and file the docu-
ments 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 Josh Jansen, 11368 Rock Grove Ct., spoke in support of the
rezoning and gave a brief overview of the proposed apartment project. City Clerk Breit-
felder stated that written input was received by Ken Lin, 1103.5 Iowa St. In response to
City Council questions, Mr. Wernimont outlined the separation requirements for existing
billboards. He noted that the adjacent parking lot, zoned C -3, is owned by both the City
and the Iowa Department of Transportation, and will be utilized for upcoming improve-
ments to the Julien Dubuque Bridge. Nearby property owned by Mr. Lin is in a mixed-use
area. City Council Members expressed support for the project, emphasizing the nee d for
more housing and noting its key location as the first impression for motorists entering
Iowa. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 54-24 Amending
Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by re-
classifying hereinafter described property located at 27 Locust Street (PIN 1025426011
and 1025426022) from C-3 General Commercial District to C-4 Downtown Commercial
District. Seconded by Wethal. Motion carried 7-0.
ORDINANCE NO. 54-24
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 27 LOCUST STREET (PIN 1025426011 AND 1025426022)
FROM C-3 GENERAL COMMERCIAL DISTRICT TO C-4 DOWNTOWN COMMERCIAL
DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Develop-
ment Code, is hereby amended by reclassifying the hereinafter–described property from
C-3 General Commercial District to C-4 Downtown Commercial District, to wit:
South ½ of City Lot 574, Lots 2-2 of Lot 575, and Lot 1 of Lot 575 and to the center-
line 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
Advisory 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 16th day of September, 2024 .
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
2. Request to Rezone 1090 Radford Road: 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. Mr. Wernimont provided a staff report. In response
17
to a council question, Mr. Wernimont explained that current policy requires four members
of the Zoning Advisory Commission (ZAC) for a quorum. While four members attended
the recent meeting, one abstained from voting due to a conflict of interest. He noted that
policy allows a simple majority vote from members present who do not have conflicts of
interest. Mr. Wernimont also emphasized that the ZAC makes recommendations, but the
City Council is the approving body responsible for policy decisions. Motion carried 7-0.
Motion by Roussell for final consideration and passage of Ordinance No. 55-24
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, by reclassifying hereinafter described property located at 1090 Radford Road (per
exhibit a) from CS Commercial Service District to R-3 Moderate Density Multi- Family
Residential District. Seconded by Sprank. Motion carried 7-0.
ORDINANCE NO. 55-24
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 1090 RADFORD ROAD (PER EXHIBIT A) FROM CS COM-
MERCIAL SERVICE DISTRICT TO R-3 MODERATE DENSITY MULTI-FAMILY RESI-
DENTIAL DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Develop-
ment Code, is hereby amended by reclassifying the hereinafter–described property from
CS Commercial Service District to R-3 Moderate Density Multi-Family Residential District,
to wit:
Per Exhibit A, all in the City of Dubuque, Iowa.
Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning
Advisory 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 16th day of September, 2024 .
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
3. Request to Rezone 1142 University Avenue: 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 Farber. Mr. Wernimont provided a staff report. Motion car-
ried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 56-24 Amending
Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by re-
classifying hereinafter described property located at 1142 University Avenue from C -2
Neighborhood Shopping Center District to R 2 Two-Family Residential District. Seconded
by Farber. Motion carried 7-0.
ORDINANCE NO. 56-24
18
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 1142 UNIVERSITY AVENUE FROM C-2 NEIGHBORHOOD
SHOPPING CENTER DISTRICT TO R-2 TWO-FAMILY RESIDENTIAL DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Develop-
ment Code, is hereby amended by reclassifying the hereinafter–described property from
C-2 Neighborhood Shopping Center District to R-2 Two-Family Residential District, to wit:
Lot 57 and Parcel B of Lot 2 of Lot 56 in S.M. Langworthy’s 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
Advisory 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 16th day of September, 2024 .
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
4. Proposed Development Agreement between the City of Dubuque, Iowa and Kinseth
Hospitality Company, Inc.: Motion by Resnick to receive and file the documents and adopt
Resolution No. 297-24 Approving disposal of an interest in real property owned by the
City of Dubuque by sale through a Development Agreement with Kinseth Hospitality Com-
pany, Inc. Seconded by Jones. Ben Kinseth, Executive Vice President of Kinseth Hospi-
tality Company, Inc., briefly summarized the project and its potential benefits to the co m-
munity. City Council Members voiced support for the project, highlighting the need for
more hotels to support tourism and its convenient location near the Mississippi River and
downtown attractions. Motion carried 7-0.
RESOLUTION NO. 297-24
APPROVING DISPOSAL OF AN INTEREST IN REAL PROPERTY OWNED BY THE
CITY OF DUBUQUE BY SALE THROUGH A DEVELOPMENT AGREEMENT WITH
KINSETH HOSPITALITY COMPANY, INC.
Whereas, the City Council of Dubuque, Iowa, did on September 3, 2024, adopt an
Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal
District (“the Plan”) for the Urban Renewal Area described therein; and
Whereas, the City of Dubuque, Iowa, is interested in stimulating reinvestment in the
Greater Downtown Urban Renewal District; and
Whereas, the Plan provides, among other things, for the disposition of properties for
private development purposes; and
Whereas, Kinseth Hospitality Company, Inc. has submitted to the City a proposal in
the form of an offer to purchase (the “Development Agreement”) for the purchase of cer-
tain City-owned real property hereinafter described, to wit LOT 2 RIVERWALK 9TH AD-
DITION (“the Property”), which Development Agreement proposes Kinseth Hospitality
Company, Inc. will undertake the construction of a building located on the Property as
described therein, which Property is the real estate consisting of approximately 2 acres
19
shown on Exhibit A, and which Development Agreement requests that this Property be
made available for sale as rapidly as possible; and
Whereas, Iowa Code Chapter 403 authorizes cities to dispose of property in further-
ance of an urban renewal project and to take other actions as may be necessary to carry
out the purposes of said Chapter, and the Plan similarly authorizes the City to dispose of
property; and
Whereas, in compliance with Iowa Code Section 403.8, and to the extent required by
law, Iowa Code Section 364.7, the City Council has set forth its proposal to dispose of its
interests in the Property and the City Clerk published a notice on August 15, 2024 2019
as required by law soliciting competitive proposals for the Property; and
Whereas, as of 10:00 a.m. on September 16, 2024, the City Clerk received no com-
petitive proposals for the Property; and
Whereas, the City Council believes it is in the best interest of the City of Dubuque to
approve the Development Agreement proposed by Kinseth Hospitality Company, Inc. and
the sale of the Property as provided in the Development Agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Council finds that the transfer of the Property will promote the purposes
of the urban renewal law, Iowa Code Ch. 403 in the City and, together with the other
consideration provided for in the Agreement, that these benefits constitute fair value for
the City’s disposal of interests in the Property under Iowa Code Section 403.8.
Section 2. The Development Agreement between the City and Kinseth Hospitality
Company, Inc. including the sale of the Property as provided therein, is hereby approved.
Section 3. The Mayor is authorized and directed to execute said Development Agree-
ment on behalf of the City of Dubuque.
Passed, approved and adopted this 16th day of September 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
5. Community Development Block Grant FY24 Annual Action Plan Amendment #1
Public Hearing: Motion by Roussell to receive and file the documents and adopt Resolu-
tion No. 298-24 Adopting the Fiscal Year 2025 (Program Year 2024) Community Devel-
opment Block Grant (CDBG) Annual Action Plan Amendment #1. Seconded by Wethal.
Motion carried 7-0.
RESOLUTION NO. 298-24
ADOPTING THE FISCAL YEAR 2025 (PROGRAM YEAR 2024) COMMUNITY DEVEL-
OPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN AMENDMENT #1
Whereas, the City of Dubuque, through a series of public meetings and hearings, pro-
posed a Fiscal Year 2025 (Program Year 2024) Community Development Block Grant
Annual Action Plan for inclusion in the City Budget addressing housing and non -housing
needs in the community; and
Whereas, the Community Development Advisory Commission reviewed the first
amendment to the Fiscal Year 2025 (Program Year 2024) Community Development Block
Grant Annual Action Plan; and
20
Whereas, all services provided will be to a minimum of 51% low/moderate income res-
idents.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Community Development Block Grant Fiscal Year 2025 (Program
Year 2024) Annual Action Plan Amendment #1, attached hereto and by this reference
made a part hereof, is hereby approved.
Section 2. The City Manager or his designee of the City of Dubuque is hereby author-
ized to directed staff to prepare and submit to the United States Department of Housing
and Urban Development the Fiscal Year 2025 (Program Year 2024) Annual Action Plan
Amendment #1 with all related documents, for the use of Community Development Block
Grant funds based on this adopted budget and execute standard contracts and agree-
ments.
Passed, approved, and adopted this 16th day of September 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
6. Vacating of a portion of a Storm Water Detention Basin Access Easement across a
Part of Lot 2 of Cedar Ridge Farm Place # 10, in the City of Dubuque, Iowa, common
address 3100 Cedar Crest Ridge: Motion by Resnick to receive and file the documents
and adopt Resolution No. 299-24 Disposing of property by vacating city interest in a por-
tion of a Storm Water Detention Basin Access Easement through, over, and across part
of Lot 2 of Cedar Ridge Farm Place # 10, in the City of Dubuque, Iowa. Seconded by
Sprank. Motion carried 7-0.
RESOLUTION NO. 299-24
DISPOSING OF PROPERTY BY VACATING CITY INTEREST IN A PORTION OF A
STORM WATER DETENTION BASIN ACCESS EASEMENT THROUGH, OVER, AND
ACROSS PART OF LOT 2 OF CEDAR RIDGE FARM PLACE # 10, IN THE CITY OF
DUBUQUE, IOWA
Whereas, the City Council, by Resolution No. 276-24, dated the 3rd day of September
2024, declared its intent to dispose of City interest in utility easements on real property,
legally described as:
Part of Lot 2 of Cedar Ridge Farm Place # 10, in the City of Dubuque, Iowa, accord-
ing to the recorded plat thereof (the Property); and
Whereas, the City of Dubuque and Drake House South, LLC have agreed to relocate
the existing storm water detention basin access easement thru Lot 2 of Cedar Ridge Farm
Place # 10, in the City of Dubuque, Iowa in order to accommodate the proposed commer-
cial development on said lot; and
Whereas, Drake House South, LLC has executed the newly located Storm Water De-
tention Basin Access Easement through, over, and across Part of Lot 2 of Cedar Ridge
Farm Place # 10, in the City of Dubuque, Iowa, which by Resolution 235 -24 was accepted
by the City of Dubuque and recorded as Instrument Number 2024-7239 in the Dubuque
County Recorder’s Office; and
Whereas, the City now needs to vacate a portion of the original Storm Water Detention
Basin Access Easement through, over, and across Lot 2 of Cedar Ridge Farm Place #
21
10, in the City of Dubuque, Iowa originally created on the Final Plat of Cedar Ridge Farm
Place No. 4 recorded as Instrument Number 12997-01 in the Dubuque County Recorder’s
Office; and
Whereas, pursuant to published notice, a public hearing was held on the proposed
disposition on the 16th day of September 2024 at 6:30 p.m. in the Historic Federal Build-
ing, 350 W. 6th Street, Dubuque, Iowa; and
Whereas, it is the determination of the City Council that City interest in a portion of the
original Storm Water Detention Basin Access Easement through, over, and across Lot 2
of Cedar Ridge Farm Place # 10, in the City of Dubuque, Iowa, originally create d on the
Final Plat of Cedar Ridge Farm Place No. 4 recorded as Instrument Number 12997-01 in
the Dubuque County Recorder’s Office, as shown on the attached Exhibit A should be
vacated and doing so is in the public interest of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA.
Section 1. The City hereby vacates all interest in a portion of the original Storm Water
Detention Basin Access Easement through, over, and across Lot 2 of Cedar Ridge Farm
Place # 10, in the City of Dubuque, Iowa originally created on the Final Plat of Cedar
Ridge Farm Place No. 4 recorded as Instrument Number 12997-01 in the Dubuque
County Recorder’s Office, as shown on the attached Exhibit A.
Section 2. The City Clerk is hereby authorized to and directed to record this resolution
with the Dubuque County Recorder.
Passed, approved, and adopted this 16th day of September 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
7. Public Hearing - State Revolving Fund (SRF) Loan - Environmental Review Biparti-
san Infrastructure Law State Revolving Fund (SRF) Private Lead Service Line Replace-
ment Pilot Program: Motion by Wethal to receive and file the documents and adopt Res-
olution No. 300-24 State Revolving Fund (SRF) Loan - Environmental Review Private
Lead Service Line Replacement Pilot Program: Approval of an Environmental Review as
provided by SRF’s Department of Natural Resources for the Private Lead Service Line
Replacement Pilot Program. Seconded by Sprank. In response to City Council questions,
Water Department Director Chris Lester explained that the program revision expands the
eligibility area, as the initial timeframe did not reach the maximum of 585 properties. He
added that city staff sent letters to eligible residences based on census tract data to notify
them of their qualification for the program. Motion carried 7-0.
RESOLUTION NO. 300-24
STATE REVOLVING FUND (SRF) LOAN - ENVIRONMENTAL REVIEW PRIVATE
LEAD SERVICE LINE REPLACEMENT PILOT PROGRAM: APPROVAL OF AN ENVI-
RONMENTAL REVIEW AS PROVIDED BY SRF’S DEPARTMENT OF NATURAL RE-
SOURCES FOR THE PRIVATE LEAD SERVICE LINE REPLACEMENT PILOT PRO-
GRAM
Whereas, the City of Dubuque is pursuing an engineered solution to reduce the num-
ber of private lead service lines in the City of Dubuque through an Iowa, State Revolving
Fund assisted pilot program; and
22
Whereas, as part of the SRF loan process, the City is required to complete an environ-
mental review through the public hearing process; and
Whereas, public notification of the hearing was advertised on August 9, 2024, a mini-
mum of 30 days prior to the public hearing per SRF IDNR requirements; and
Whereas, a public hearing was held on the 16th day of September, 2024 at 6:30 p.m.
in the Historic Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubu-
que, Iowa, at which time interested persons appeared and heard for or against the pro-
posed environmental review of said Project; and
Whereas, a discussion was held on the environmental impacts of said project; and
Whereas, a transcript of the public hearing and a summary of public comments will be
available for public review.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The environmental review as provided by SRF’s Department of Natural Re-
sources for the Private Lead Service Line Replacement Pilot Program, is hereby ap-
proved, and staff is directed to submit the required executed documentation to SRF, Iowa
Department of Resources.
Passed, adopted, and approved this 16th day of September 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
8. Water Department Operations SCADA System Upgrade Project - Public Hearing:
Motion by Jones to receive and file the documents and adopt Resolution No. 301 -24 Ap-
proval of plans, specifications, form of contract, and estimated cost for the Water Depart-
ment Operations SCADA System Upgrade Project. Seconded by Resnick. In response to
a council question, Mr. Lester explained that the current system is outdated, and the new
system will improve efficiency. City Council Members expressed enthusiasm for the mod-
ernization. Motion carried 7-0.
RESOLUTION NO. 301-24
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI-
MATED COST FOR THE WATER DEPARTMENT OPERATIONS SCADA SYSTEM UP-
GRADE PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The plans, specifications, form of contract and estimated cost for the Water
Department Operations SCADA System Upgrade Project in the amount of $2,158,000,
are hereby approved.
Passed, adopted and approved this 16th day of September 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
PUBLIC INPUT
Diane Heiken, Susan Cerwin, and Diane Pile, all of 1865 Radford Rd., spoke about a
bed bug infestation in their apartment complex and expressed concerns over city policy
23
that limits involvement to units with a confirmed infestation. They advocated for a policy
change that would allow the city to address the entire apartment complex to resolve the
issue.
ACTION ITEMS
1. National Policewoman Day Photo: Motion by Roussell to receive and file the docu-
ments. Seconded by Jones. Police Chief Jeremy Jensen shared a photo of the women of
the Dubuque Police Department in recognition of National Police Woman Day on Sep-
tember 12. Police Officer Kim Hoover spoke about Dubuque hosting the Iowa Association
of Women Police Conference in March of 2026. Assistant City Manager Cori Burbach
stated that Officer Hoover is co-chair of the recently created Women Rising Together
Employee Resource Group. City Council Members praised the leadership of female po-
lice officers and emphasized the importance of further expanding the presence of women
in the field. Motion carried 7-0.
2. Keymont Drive Pavement Rehabilitation Project - Award Public Improvement Con-
tract - Project No. 5521000018: Motion by Farber to receive and file the documents and
adopt Resolution No. 302-24 Awarding Public Improvement Contract for the Keymont
Drive Pavement Rehabilitation Project. Seconded by Sprank. Responding to a council
question, Assistant City Engineer Bob Schisel stated that all contractors bid on the same
project specifications. City Council Members expressed gratitude to Keymont Drive resi-
dents for their patience with the project's initiation. Motion carried 7-0.
RESOLUTION NO. 302-24
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE KEYMONT DRIVE
PAVEMENT REHABILITATION PROJECT
Whereas, sealed proposals have been submitted by contractors for the Keymont Drive
Pavement Rehabilitation Project, (the Project) pursuant to Resolution No. 258 -24 and
Notice to Bidders published on the City of Dubuque, Iowa website and plan room service
with statewide circulation on the 26th day of August 2024; and
Whereas, said sealed proposals were opened and read on the 10th day of August
2024 and it has been determined that Eastern Iowa Excavating & Concrete LLC of Cas-
cade, Iowa, submitted low bid in the amount of $142,733.36, and is the lowest responsive,
responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That a Public Improvement Contract for the Project is hereby awarded to
Eastern Iowa Excavating & Concrete LLC and the City Manager is hereby directed to
execute a Public Improvement Contract on behalf of the City of Dubuque for the Project.
Passed, adopted and approved this 16th day of September 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
3. Approval of Sublease and Operations Agreement with Dubuque Forward LLC : Mo-
tion by Resnick to receive and file the documents and adopt Resolution No. 303 -24
24
Approving a Sublease and Operations Agreement between the City of Dubuque, Iowa
and Dubuque Forward LLC. Seconded by Sprank. In response to City Council questions,
City Manager Van Milligen explained that the City will sub-lease the park from Dubuque
Forward LLC. While the City will handle park maintenance, Dubuque Forward LLC will
cover all associated costs. The park, named 897 Central Park, had the City Council's
preferences incorporated into its lease terms. City Attorney Brumwell cited Chapter 670
of the Iowa Code concerning city liability. City Council Members praised the park and
advised that the City should be involved early in future private projects seeking to collab-
orate with the City. Motion carried 7-0.
RESOLUTION NO. 303-24
APPROVING A SUBLEASE AND OPERATIONS AGREEMENT BETWEEN THE CITY
OF DUBUQUE, IOWA AND DUBUQUE FORWARD LLC
Whereas, Dubuque Forward LLC has leased from Molo Oil Company Lots 257 and
258 in the City of Dubuque (897 Central Avenue); and
Whereas, the City of Dubuque desires to sublease said premised to maintain and op-
erate this area as a public park; and
Whereas, it is the determination of the City Council that approval of the sublease and
operations agreement, according to the terms and conditions set out in the agreement, is
in the public interest of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Sublease and Operations Agreement by and between the City of Dubu-
que and Dubuque Forward LLC for the sublease of the privately developed park will now
become a public park through this agreement to be maintained by the City of Dubuque,
a copy attached hereto, is hereby approved.
Section 2. The Mayor is hereby authorized and directed to execute the Sublease and
Operations Agreement on behalf of the City of Dubuque.
Section 3. That the City Manager is authorized to take such actions as are necessary
to comply with the terms of the Sublease and Operations Agreement as herein approved.
Passed, approved, and adopted this 16th day of September 2024.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
4. Request to Amend City Ordinance on Speed Limit Reduction - Peru Road from Roo-
sevelt Street to City Limits: 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. Se-
conded by Sprank. City Council Members expressed support for the speed limit reduction
to 35 miles per hour on Peru Road from Roosevelt Street to City Limits (Tanzanite Drive).
Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 57-24 Amending
City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 7 Oper-
ation, Division 5 Speed Restrictions, Section 9-7-321.285 Limits Generally. Seconded by
Sprank. Motion carried 7-0.
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ORDINANCE NO. 57-24
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHI-
CLES AND TRAFFIC, CHAPTER 7 OPERATION, DIVISION 5 SPEED RESTRICTIONS,
SECTION 9-7-321.285 LIMITS GENERALLY
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 9-7-321.285 of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
9-7-321.285: LIMITS GENERALLY:
. . . .
C. When signs are erected giving notice thereof, the following shall be the lawful speed
on the streets or portions thereof designated herein:
. . . .
Thirty-five (35) miles per hour:
. . . .
Peru Road, Sheridan Road to northerly city limits.
. . . .
Section 2. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 16th day of September 2024.
Brad Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
5. Greater Dubuque Development Corporation Request to Convert Format of Quarterly
Updates to Work Sessions: Motion by Sprank to receive and file the documents and refer
to council. Seconded by Roussell. City Council Members expressed support for convert-
ing the format of Greater Dubuque Development Corporation's quarterly updates to City
Council work sessions. The first Greater Dubuque Development Corporation Quarterly
Update Work Session will occur at 6:00 p.m. on October 21, 2024. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Roussell reported on volunteering at the Dubuque Farmer’s Market
and AmeriCorps 30th anniversary celebration.
Council Member Sprank reported on the Dubuque Area Labor Harvest food giveaway,
the Blocktoberfest event, the Dubuque Oktoberfest event, and Alpine Mobile Home Park
recently forming a neighborhood association.
Council Member Wethal reported on the Boards and Commissions annual picnic and
Outside the Lines Art Gallery’s Great Draw Street Art Competition.
Council Member Jones also reported on the Boards and Commissions picnic.
Council Member Farber reported on the Boards and Commissions picnic and the rib-
bon cutting for 897 Central Park.
Mayor Cavanagh reported on Dubuque Oktoberfest, recently welcoming international
students to Dubuque, delivering his annual State of the City address, and the Nathaniel
Morgan Memorial event. Mayor Cavanagh also made a statement regarding to the recent
assassination attempt on President Donald Trump.
26
CLOSED SESSION
Motion by Jones to convene in closed session at 8:47 p.m. to discuss Pending Litiga-
tion and Purchase or Sale of Real Estate – Chapter 21.5(1)(c),(j) Code of Iowa. Seconded
by Roussell. Mayor Cavanagh stated for the record that the attorneys who will consul t
with City Council on the issues to be discussed in the closed session are City Attorney
Brumwell and Assistant City Attorney Jason Lehman. Motion carried 7-0.
The City Council reconvened in open session at 9:21 p.m. stating that staff had been
given proper direction.
ADJOURNMENT
There being no further business, Mayor Cavanagh declared the meeting adjourned at
9:21 p.m.
/s/Adrienne N. Breitfelder, CMC, City Clerk