8 18 25 City Council Proceedings Official Special and RegularCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special session at 6:00 p.m. on August
18, 2025, in the second-floor Council Chambers of the Historic Federal Build-
ing, 350 W. 6th Street.
Present: Mayor Cavanagh; Council Members Farber, Jones, Resnick,
Roussell, Sprank, Wethal; City Manager Van Milligen, City Attorney Brumwell
(attended virtually).
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 Greater
Dubuque Development Corporation.
WORK SESSION
Greater Dubuque Development Corporation Quarterly Update
Greater Dubuque Development Corporation (GDDC) President and CEO
Rick Dickinson and Director of Workforce Programming Nicolas Hockenberry
presented a quarterly update highlighting goals and results, strategic initia-
tives, business services, workforce solutions, and the workforce landscape.
In response to a question about how residents can support local higher edu-
cation institutions, Dickinson emphasized the importance of helping them feel
integrated into the community.
There being no further business, Mayor Cavanagh declared the meeting
adjourned at 6:30 p.m.
/s/Adrienne N. Breitfelder, City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on August
18, 2025, in the second-floor Council Chambers of the Historic Federal Build-
ing, 350 W. 6th Street.
Present: Mayor Cavanagh; Council Members Farber, Jones, Resnick,
Roussell, Sprank, Wethal; City Manager Van Milligen, City Attorney Brumwell
(attended virtually).
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 dispose of as indicated. Seconded by Farber. Motion carried 7-0.
1. Minutes and Reports Submitted: City Council Proceedings of August 4,
2025; Airport Commission of April 22, May 27, and June 24, 2025; Arts and
Cultural Affairs Advisory Commission of June 24, 2025; Civil Service Com-
mission of June 11, 2025; Housing Commission of April 1, 2025; Resilient
Community Advisory Commission of June 5, 2025; Zoning Advisory Commis-
sion of July 2, 2025; Proof of Publication for City Council Proceedings of July
7, July 14, and July 21, 2025. Upon motion the documents were received and
filed.
2. Notice of Claims and Suits: Major Joseph Jenkins for property damage;
Alan Viertel 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 to Public Entity Risk Services of Iowa, the agent for the
Iowa Communities Assurance Pool: Daniel Healey for vehicle damage; Schu-
macher Pool and Spa LLC for vehicle damage; Alan Viertel for property dam-
age. Upon motion the documents were received, filed, and concurred.
4. Approval of City Expenditures: Upon motion the documents were re-
ceived and filed, and Resolution No. 268-25 Authorizing the Chief Financial
Officer/City Treasurer to make certain payments of bills that must be paid and
approved for payment in accordance with City procedures was adopted.
RESOLUTION NO. 268-25
AUTHORIZING THE CHIEF FINANCIAL OFFICER / CITY TREASURER TO
MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND AP-
PROVED FOR PAYMENT IN ACCORDANCE WITH CITY PROCEDURES
Whereas, Section 1-7-7(E) of the Municipal Code of the City of Dubuque
provides that the Finance Director-City Treasurer shall keep an accurate ac-
count 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 per-
sonnel in accordance with generally accepted internal control procedures and
have been determined to have been requ isitioned for a lawful municipal pur-
pose; 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 Res-
olution 142-18 adopted May 7, 2018, authorized the Chief Financial Officer -
City Treasurer to issue checks in payment of certain expenditures known as
Exception Expenditures prior to City Council approval and such list is attached
hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA THAT:
Section 1. The Chief Financial Officer-City Treasurer is hereby authorized
to issue payment for goods and services provided for City purposes in re-
sponse 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 18th day of August 2025.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
5. Notice of Award & Request to Execute Agreement for 25-26 City of
Dubuque AmeriCorps Program: Creating Opportunities: Upon motion the
documents were received, filed, and approved.
6. Improvement Contracts / Performance, Payment, and Maintenance
Bonds Giese Sheet Metal for the Fire Headquarters HVAC Replacement Pro-
ject; Jim Giese Commercial Roofing for the Fire Station 6 Roof Replacement
Project. Upon motion the documents were received, filed, and approved.
7. Jefferson Park Retaining Wall Replacement Project Acceptance: Upon
motion the documents were received and filed, and Resolution No. 269 -25
Accepting the Jefferson Park Retaining Wall Replacement Project and Au-
thorizing the Payment of the Contract Amount to the Contractor was adopted.
RESOLUTION NO. 269-25
ACCEPTING THE JEFFERSON PARK RETAINING WALL REPLACE-
MENT PROJECT AND AUTHORIZING THE PAYMENT OF THE CON-
TRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the Jefferson Park Retain-
ing Wall Replacement Project (the Project) has been completed by the con-
tractor, Eastern Iowa Excavating and Concrete, LLC. (Contractor) and WHKS
has examined the work and filed a certificate stating that the Project has been
completed according to the terms of the Public Improvement Contract and
that WHKS recommends that the Project be accepted; and
Whereas, the final contract amount for the Project is $234,051.77; and
Whereas, the contractor has previously been paid $222,349.18, leaving a
balance of $11,702.59; and
Whereas, the City Council finds that the recommendation of WHKS should
be accepted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA THAT:
Section 1. The recommendation of WHKS is approved, and the Project is
hereby accepted.
Section 2. The Chief Financial Officer is hereby directed to pay the balance
of the retainage of $11,702.59 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 18th day of August 2025.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
8. Zoning Advisory Commission Cross Representation Recommendation :
Zoning Advisory Commission requested City Council approval on the appoint-
ments to the Cross-Representative terms on the Airport Zoning Commission
of Rich Russell with a term expiration date of July 1, 2027 and Pat Norton with
a term expiration date of July 1, 2028. Upon motion the documents were re-
ceived, filed, and approved.
9. Zoning Board of Adjustment Cross Representation Recommendation :
Zoning Board of Adjustment requested City Council approval on the appoint-
ments to the Cross-Representative terms on the Airport Zoning Board of Ad-
justment of Rena Stierman with a term expiration date of March 25, 2027, and
Matt Mauss with a term expiration date of March 25, 2028. Upon motion the
documents were received, filed, and approved.
10. Letter of Support for Certifying the Greater Dubuque Housing Trust
Fund: A letter of support was provided from Mayor Brad Cavanagh to the Iowa
Finance Authority Board of Directors in support of the transition of governance
for the Local Housing Trust Fund serving the City of Dubuque from the City
to the new nonprofit, Greater Dubuque Housing Trust Fund. Upon motion the
documents were received, filed, and approved.
11. Request for City Council Ratification of the First Amendment to the
Dubuque Police Protective Association July 1, 2024, CBA: Upon motion the
documents were received, filed, and approved.
12. Civil Service Commission - Certified List for Police Officer: Upon motion
the documents were received, filed, and made a Matter of Record.
August 13, 2025
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, a written examination
for the position of Police Officer was administered on August 2, 2025. We,
The Civil Service Commission, hereby certify that the individuals listed be-
low 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, 2026.
1. Wyatt Sharkey, 2. Stephanie Sanders, 3. Carlo Dannenfelser, 4. Nabih
Maady, 5. Tyler McDonald, 6. Jensen Block, 7. Jace Fassbinder, 8. Cody
Stinson, 9. Steven Jonas – Transfer Score, 10. Brody Kremer – Transfer
Score, 11. Lou Martinez, 12. Yesscenia Cueller VanNatta
Respectfully Submitted,
Civil Service commission
13. Approval of Retail Alcohol Licenses: Upon motion the documents were
received and filed, and Resolution No. 270-25 Approving applications for re-
tail alcohol licenses, as required by City of Dubuque Code of Ordinances Title
4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liq-
uor, Beer and Wine Licenses and Permits was adopted.
RESOLUTION NO. 270-25
APPROVING APPLICATIONS FOR RETAIL ALCOHOL LICENSES, AS
REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4
BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CON-
TROL, 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
Whereas ,the applicants have filed the proper fees and bonds to the Iowa
Department of Revenue Alcohol and Tax Compliance Division and have oth-
erwise 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 sub-
mission of the locally required documentation:
New Applications
Kwik Star 1284 730 Airborne Rd.
Renewals
First Reserve 210 West 1st St.
Hy-Vee 1 Market Cafe 3500 Dodge St. Cafe Area
Kwik Stop 72 2255 Kerper Blvd.
Los Aztecas Mexican Restaurant 2700 Dodge St.
National Mississippi River Museum &
Aquarium
350 & 400 East 3rd St.
Pete's Thai Kitchen 609 East 22nd St.
Southend Tap 55 Locust St.
The Fun Station Dubuque 555 John F Kennedy Rd., Ste 400
Tri-State Independent Blind Society
Inc.
1068 Cedar Cross Rd.
West Dubuque Tap 1701 Asbury Rd.
Special Event(s) per Special Event Application Submittal
Project Rooted, 8-29-25 to 9-2-25 15th (Between White and Jackson)
Jackson (Between 15th and 16th
EJ’s Wine Shop 9-4 to 9-8-25 10th St. (Jackson to Elm St.) and
Washington St. (9th to 11th St)
Passed, approved, and adopted this 18th day of August 2025.
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 resolu-
tions, and set the public hearings as indicated. Seconded by Sprank. Motion
carried 7-0.
1. Vacating a portion of a Public Utility Easement over part of Lot 2, Block
4, of Indian Hills, in the City of Dubuque, Iowa – Emily and Scott McGuire
Property at 1195 Arrowhead Drive: Upon motion the documents were re-
ceived and filed and Resolution No. 271-25 Intent to Vacate and Dispose of
City Interest in a Portion of a Public Utility Easement over and across part of
Lot 2, Block 4, of Indian Hills, in the City of Dubuque, Iowa was adopted set-
ting a public hearing for a meeting to commence at 6:30 p.m. on September
2, 2025 in the Historic Federal Building.
RESOLUTION NO. 271-25
INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN A PORTION
OF A PUBLIC UTILITY EASEMENT OVER AND ACROSS PART OF LOT
2 BLOCK 4 OF INDIAN HILLS, IN THE CITY OF DUBUQUE, IOWA
Whereas, Scott T. McGuire, as Trustee of the Scott T. McGuire Trust
Agreement dated October 21, 2015; and Emily May McGuire, as Trustee of
the Emily May McGuire Trust Agreement dated October 21, 2015 (the
McGuires) are the current owner of Lot 2, Block 4, of Indian Hills, in the City
of Dubuque, Iowa; and
Whereas, in 1956 a public utility easement was platted over a portion of
Lot 2, Block 4, of Indian Hills, in the City of Dubuque, Iowa according to the
Plat of Block 1, Block 2, Block 3, and Block 4 in Indian Hills in the City of
Dubuque, Iowa recorded in Plat Book 23, Page 310, in the office of the Dubu-
que County Recorder; and
Whereas, the McGuire’s are planning a building addition to their home on
said Lot 2 and said building addition improvements lie over said utility ease-
ment; and
Whereas, the McGuire’s have granted a new public utility easement to the
south of the proposed building addition and have coordinated the relocation
of all existing utilities from the old easement to the new easement location,
and all affected utility companies have consented to the proposed relocation.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque, intends to vacate and dispose of its
interest in the public utility easement across a portion of Lot 2, Block 4, of
Indian Hills, in the City of Dubuque, Iowa, as shown on the attached Exhibit
A.
Section 2. That any and all applicable publication and recording fees are
to be paid by the McGuires.
Section 3. That a public hearing on the intent to vacate and dispose of City
interest in the public utility easements across a portion of Lot 2, Block 4, of
Indian Hills, in the City of Dubuque, is hereby set for the 2nd day of September,
2025, at the Historic Federal Building, 350 W. 6 th Street, Dubuque, Iowa, be-
ginning at 6:30 p.m., and the City Clerk be and is hereby authorized and di-
rected to cause a notice of public hearing on the intent to vacate and dispose
of said interest to be published in the manner as prescribed by law.
Passed, approved and adopted this 18th day of August 2025.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
2. Rustic Point Park Development Project Initiate Public Improvement Bid-
ding Process and Set Public Hearing : Upon motion the documents were
received and filed and Resolution No. 272-25 Rustic Point Park Development
Project: Preliminary Approval of Plans, Specifications, Form of Contract, and
Estimated Cost; Setting Date of Public Hearing on Plans, Specifications, Form
of Contract, and Estimated Cost; and Ordering the Advertisement for Bids
was adopted setting a public hearing for a meeting to commence at 6:30 p.m.
on September 2, 2025 in the Historic Federal Building.
RESOLUTION NO. 272-25
RUSTIC POINT PARK DEVELOPMENT PROJECT
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEAR-
ING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI-
MATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
The proposed plans, specifications, form of contract and estimated
cost for the Rustic Point Park Development Project in the estimated construc-
tion amount of $258,278.50, are hereby preliminarily approved and ordered
filed in the office of the City Clerk for public inspection.
A public hearing will be held on the 2nd day of September, 2025, at 6:30
p.m. in the Historic Federal Building Council Chambers 350 W. 6th Street,
Dubuque, Iowa, at which time interested persons may appear and be heard
for or against the proposed plans and specifications, form of contract and es-
timated 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 pub-
lished in a newspaper having general circulation in the City of Dubuque, Iowa,
which notice shall be published not less than four days nor more than twenty
days prior to the date of such hearing. At the hearing, any interested person
may appear and file objections to the proposed plans, specifications, form of
contract, or estimated cost of the Project.
The Rustic Point Park Development Project is hereby ordered to be adver-
tised for bids for construction.
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.
The acting Project & Facilities Manager 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, 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 9 th day of
September 2025. Bids shall be opened and read by the Acting Projects &
Facilities Manager at said time and will be submitted to the City Council for
final action at 6:30 p.m. on the 15th day of September 2025, in the Historic
Federal Building Council Chambers 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this the 18th day of August 2025.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
BOARDS/COMMISSIONS
1. Mayoral Selection of Appointments to the Civil Service Commission Civil
Service Commission: Iowa Code §400.1 requires publication of the name(s)
of person(s) selected for appointment by the mayor to the Civil Service Com-
mission no less than thirty (30) days prior to a vote by the city council. Mayoral
selection of appointments to occur at the August 18, 2025, city council meet-
ing with the vote on appointments to occur at the October 6, 2025, city council
meeting. Two, 4-Year Terms through April 6, 2027 (Newly added seats, per
Senate File 311, effective 8-16-25). Applicants: Julie Bockenstedt, 2475
Cherry St.; Otto Krueger, 2521 Wheatland Dr.; Barbara Liskey, 2763 Lamotte
Dr.; Randall Ludwitz, 867 Barbaralee Dr.; Brian Neises, 1841 Phyllrich Dr.;
and Darcy VanOstrand, 1222 Lincoln Ave. Mayor Cavanagh named Bocken-
stedt and Krueger as his selections for appointment to the commission.
Appointments were made to the following boards/commissions.
2. Building Code Advisory and Appeal Board: One, 3-Year term through
January 1, 2027 (Vacant Multidisciplinary Representative term of Cooley).
Applicant: Nathan Wardle, 2725 Pleasant View Dr. Motion by Roussell to ap-
point Wardle to the term. Seconded by Jones. Motion carried 7 -0.
3. Housing Commission: Two, 3-Year Terms through August 17, 2028 (Ex-
piring terms of Baumhover and Merfeld). Applicants: Rick Baumhover, 601
Garfield Ave. and Rick Merfeld, 2718 Andrew Ct. Motion by Sprank to appoint
Baumhover and Merfeld to the terms. Seconded by Farber. Motion carried 7 -
0.
PUBLIC HEARINGS
1. Request to Rezone Property on West 32nd Street: Breitfelder stated that
the Zoning Advisory Commission (ZAC) recommends denying the request
from Sherry Ehrlich to zone property on West 32nd St., (PIN 1016227007),
from R-1 Single-Family Residential to OR Office Residential zoning district,
and Ehrlich has submitted correspondence asking the request be remanded
back to the ZAC for a conditional rezoning request. Breitfelder and Brumwell
verified the public hearing would still occur, and council could amend their
motion during their deliberation if they chose to. Motion by Jones to receive
and file the documents and remand the request back to the ZAC. Seconded
by Farber. A point of order was raised by Resnick, seeking clarification on
whether remanding was equivalent to tabling a request. Brumwell clarified
that the two actions are distinct, with tabling a request meaning that no spe-
cific action will be taken, whereas remanding refers to sending the item back
to the ZAC for reconsideration. During the staff report by Planning Services
Director Wally Wernimont, he addressed a related question, explaining that
the applicant is open to adjusting the request if it is remanded. Joan Heitzman,
3152 West 32nd St. and Genevieve Voss, 3160 West 32nd St., spoke in oppo-
sition to the rezoning and requested the property remain R -1. City Council
Members voiced support for remanding the request to the ZAC, noting that it
would allow for further dialogue between the applicant and neighboring resi-
dents. In response to a question, Wernimont confirmed that potential signage
at the proposed site would be addressed during discussions with the ZAC.
Motion carried 7-0.
2. Water System Improvements 2024 North English Road Water Main Ex-
tension Project - Public Hearing: Motion by Jones to receive and file the doc-
uments and adopt Resolution No. 273-25 Giving final approval to, and confir-
mation of, plans, specifications, form of contract and estimate of cost for the
North English Road Water Main Extension Project. Seconded by Sprank. Mo-
tion carried 7-0.
RESOLUTION NO. 273-25
GIVING FINAL APPROVAL TO, AND CONFIRMATION OF, PLANS, SPEC-
IFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE
NORTH ENGLISH ROAD WATER MAIN EXTENSION PROJECT
Whereas, the City Council of the City of Dubuque, Iowa, has heretofore
given preliminary approval to the plans, specifications, form of contract and
estimate of cost (the “Contract Documents”) for the proposed North English
Road Water Main Extension Project (the “Project”), as described in the notice
of hearing on the Contract Documents for the Project; and
Whereas, a hearing has been held on the Contract Documents on August
18, 2025.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA, AS FOLLOWS:
Section 1. The Contract Documents referred to in the preamble hereof are
hereby finally approved, the prior action of the City Council giving preliminary
approval is hereby finally confirmed, and the Project, as provided for in the
Contract Documents, is necessary and desirable.
Section 2. All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
Passed and approved August 18, 2025.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
PUBLIC INPUT
Rick Dickinson, 205 Hill St., President and CEO of GDDC, spoke in support
of Action Item No. 7, noting his role as a board member of Dubuque Initiatives,
which has recently concentrated efforts on revitalizing the 1700 and 1800
blocks of Central Avenue.
ACTION ITEMS
1. Travel as Professional Development: Lessons from Bakersville, NC and
Brunei: Motion by Resnick to receive and file the documents and hear the
presentation. Seconded by Wethal. Assistant City Manager Cori Burbach and
Climate Action Coordinator Michelle Kim present ed on their respective pro-
fessional development travels to Bakersville, NC and Brunei. City Council
Members expressed enthusiasm for the experiences, highlighting the value
of gaining perspectives beyond the city and drawing parallels to their own
similar experiences. Motion carried 7-0.
2. Award Public Improvement Contract Auburn-Custer Utility and Roadway
Reconstruction Project: Motion by Roussell to receive and file the documents
and adopt Resolution No. 274-25 Awarding Public Improvement Contract for
the Auburn-Custer Utility and Roadway Reconstruction Project. Seconded by
Wethal. Farber announced her intent to abstain from voting due to owning
property in the affected area. In response to a question, Van Milligen stated
that the City either performs the project inspection itself or eng ages a con-
tractor to carry it out. Motion carried 6-0 with abstention from Farber.
RESOLUTION NO. 274-25
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE AUBURN-
CUSTER UTILITY AND ROADWAY RECONSTRUCTION PROJECT
Whereas, sealed proposals have been submitted by contractors for the Au-
burn-Custer Utility and Roadway Reconstruction Project, (the Project) pursu-
ant to Resolution No. 38-25 and Notice to Bidders published on the City of
Dubuque, Iowa website and plan room service with statewide circulation on
the 25th day of July 2025; and
Whereas, said sealed proposals were opened and read on the 7th day of
August 2025 and it has been determined that Eastern Iowa Excavating &
Concrete, LLC of Cascade, Iowa, in the bid amount of $1,276,680.60, is the
lowest responsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
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, approved, and adopted this 18th day of August 2025.
Brad M. Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
3. North Schmitt Island Collection System Project - Contract #1: Award
Public Improvement Contract: Motion by Jones to receive and file the docu-
ments and adopt Resolution No. 275-25 Awarding Public Improvement Con-
tract for the North Schmitt Island Collection System Project – Contract #1 Pro-
ject. Seconded by Sprank. In response to a question regarding the threshold
for rejecting bids, Van Milligen explained that bids may be rejected if they
significantly exceed budget estimates. He noted that this project represents a
small portion of a larger $2.64 million project and emphasized the importance
of its timely completion. The City’s involvement stems from the fact that the
project involves the construction of a public sanitary sewer. While City Council
Members acknowledged that the project exceeding the budget is not ideal,
they also recognized the necessity of completing it on schedule. Motion car-
ried 7-0.
RESOLUTION NO. 275-25
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE NORTH
SCHMITT ISLAND COLLECTION SYSTEM PROJECT – CONTRACT #1
PROJECT
Whereas, sealed proposals have been submitted by contractors for the
North Schmitt Island Collection System Project – Contract #1 Project, (the
Project) pursuant to Resolution No. 248-25 and Notice to Bidders published
on the City of Dubuque, Iowa website and plan room service with statewide
circulation on the 25th day of July 2025; and
Whereas, said sealed proposals were opened and read on the 7th day of
August 2025 and it has been determined that Tschiggfrie Excavating of Dubu-
que, Iowa, in the bid amount of $248,560.00, is the lowest responsive, re-
sponsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to
Tschiggfrie Excavating and the City Manager is hereby directed to execute a
Public Improvement Contract on behalf of the City of Dubuque for the Project.
Passed, approved, and adopted this 18th day of August 2025.
Brad M. Cavanagh, Mayor
Attest: Adrienne Breitfelder, CMC City Clerk
4. Approval of Linwood Cemetery Agreement: Motion by Sprank to receive
and file the documents and adopt Resolution No. 276-25 Approving an Agree-
ment by and Between the City of Dubuque, Iowa, and Linwood Cemetery As-
sociation. Seconded by Farber. In response to questions, Van Milligen stated
that townships are permitted to levy a tax for cemeteries. He explained that,
if the City were to create a township, such a levy could be used to support
cemetery operations rather than relying on the general fund. Van Milligen fur-
ther noted that the cemetery’s financial challenges are partly attributable to
the increasing preference for cremation. He also stated that a portion of the
property could potentially be sold for development, with the proceeds added
to the cemetery’s endowment fund. Linwood Cemetery Board President Ken
Miller stated that the cemetery has a 501(c)(13), a designation specific to
cemeteries, and has also established a 501(c)(3). He noted that the 501(c)(3)
allows for private organization donations, bequests, and eligibility for grants.
He stated that the association will consider the potential sale of a portion of
the land and noted partnerships with other groups to promote the cemetery’s
150-year history. Brumwell confirmed that she will be working with the Dubu-
que County Supervisors regarding the township. City Council Members ex-
pressed appreciation for the collaboration with the association. Motion carried
7-0.
RESOLUTION NO. 276-25
APPROVING AN AGREEMENT BY AND BETWEEN THE CITY OF DUBU-
QUE, IOWA, AND LINWOOD CEMETERY ASSOCIATION
Whereas, the Linwood Cemetery Association (the “Association”), a
501(c)(13) tax-exempt corporation, and the City of Dubuque, Iowa (the “City”)
have reached a tentative agreement regarding the operation and financing of
Linwood Cemetery (the “Cemetery”); and
Whereas, the Association owns and controls the Cemetery, the entirety of
which is located within the corporate limits of the City; and
Whereas, the Cemetery is a perpetual care cemetery subject to Iowa Code
Chapter 523I; and
Whereas, the agreement is for a term of one (1) year, beginning July 1,
2025, and ending June 30, 2026, and may be extended by mutual agreement
of the parties; and
Whereas, the parties agree to meet at least quarterly to review the ongoing
financial sustainability of the Cemetery; and
Whereas, the Association shall remain, at all times during the term of the
agreement, responsible for and the owner of the Cemetery, and may not
transfer such responsibility or ownership without the City's written consent,
which may be withheld at the City's sole discretion; and
Whereas, by no later than December 31, 2025, the Association will provide
the City with a budget for the Cemetery’s operations for the fiscal year com-
mencing July 1, 2026; and
Whereas, the Association has established Friends of Linwood, Inc., a
501(c)(3) tax-exempt corporation for the purposes of raising funds to support
the Association’s current operations and grow its endowed funds; and
Whereas, the Association will explore reasonable opportunities to capital-
ize its return on its investment in excess real estate not currently utilized or
reasonably expected to be utilized in the foreseeable future for operational
needs of the Cemetery. Any sale of real estate outside the regular course of
the Association’s operations must be approved by the City and any proceeds
from the sale of said real estate shall be deposited into one of the Associa-
tion’s endowed investment accounts; and
Whereas, the Association will provide the City the opportunity to appoint a
representative to serve on the Association’s board of directors during the du-
ration of this agreement; and
Whereas, the City shall make monthly payments to the Association equal
to the amount of the prior month’s operating deficit, plus approved equipment
purchases, reduced by any gift and grant income received during said month,
reduced by non-cash expenses for Columbarium and Mausoleum cost of
goods sold during the month, reduced by non-cash depreciation expense not
used for small equipment purchases during the month, and further reduced
by 1/12th (one-twelfth) of the Association’s total annual endowed funds a vail-
able for distribution. The cumulative monthly support payments made by the
City for the period July 1, 2025, through June 30, 2026, shall not exceed
$110,000 (one hundred ten thousand dollars).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. The Agreement by and between the City of Dubuque and Lin-
wood Cemetery Association, a copy attached hereto, is hereby approved ef-
fective July 1, 2025.
Section 2. That the Mayor is hereby authorized and directed to execute the
Lease Agreement on behalf of the City of Dubuque and the City Clerk is au-
thorized and directed to attest his signature.
Section 3. That the City Manager is authorized to take such actions as are
necessary to comply with the terms of the Agreement as herein approved.
Passed, approved, and adopted this 18th day of August 2025.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
5. Parks and Recreation Advisory Commission Recommendation for Nam-
ing South Pointe Subdivision Park: Motion by Roussell to receive and file the
documents and approve the Park and Recreation Advisory Commission rec-
ommending the name South Pointe Park for the park in the South Pointe sub-
division. Seconded by Jones. Motion carried 7-0.
6. Letters of Support for Application to IEDA for Redevelopment Tax Cred-
its: Motion by Jones to receive and file the documents and approve the sub-
mission of the attached letters supporting the applications for Iowa Redevel-
opment Tax Credits for Wilson House (1243 Locust Street) and IOCO Building
(100 E. 1st Street), confirming the City’s recognition that the properties are
eligible for the tax credit based on the state’s definition of a brownfield. Se-
conded by Wethal. Motion carried 7-0.
7. Authorizing Contract 25-CTBF-06 by and between the City of Dubuque,
Iowa, and the Iowa Economic Development Authority for the Rehabilitation of
1701 Central Avenue: Motion by Jones to receive and file the documents and
adopt Resolution No. 277-25 Authorizing Contract 25-CTBF-06 by and be-
tween the City of Dubuque, Iowa, and the Iowa Economic Development Au-
thority for a Community Catalyst Building Remediation Grant for the Rehabil-
itation of 1701 Central Avenue in the city of Dubuque, Iowa. Seconded by
Resnick. City Council Members expressed enthusiasm for the project and the
momentum on Central Avenue. They referenced their participation on the
Dubuque Initiatives Board, which has worked with developers on revitalizing
the blocks, and noted the challenges associated with older buildings. Motion
carried 7-0.
RESOLUTION NO. 277-25
AUTHORIZING CONTRACT 25-CTBF-06 BY AND BETWEEN THE CITY
OF DUBUQUE, IOWA, AND THE IOWA ECONOMIC DEVELOPMENT AU-
THORITY FOR A COMMUNITY CATALYST BUILDING REMEDIATION
GRANT FOR THE REHABILITATION OF 1701 CENTRAL AVENUE IN THE
CITY OF DUBUQUE, IOWA
Whereas, Adam Vogel Building, LLC, owner of 1701 Central Avenue in the
City of Dubuque, Iowa, has proposed making a One Million Dollar
($1,000,000.00) investment for the rehabilitation of the building on the prop-
erty (the Project); and
Whereas, financial assistance from the Iowa Economic Development Au-
thority is designed to assist communities with the development or rehabilita-
tion of buildings to stimulate economic growth or reinvestment in the commu-
nity; and
Whereas, the Iowa Economic Development Authority has requested the
execution of Contract 25-CTBF-06 in order to finalize the Community Catalyst
Building Remediation Grant and document associated terms for the proposed
Project; and
Whereas, the City Council of the City of Dubuque, Iowa finds that author-
izing Contract 25-CTBF-06 by and between the City of Dubuque, Iowa and
the Iowa Economic Development Authority, a copy of which is attached
hereto, is in the best interest of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That Contract 25-CTBF-06 by and between the City of Dubuque
Iowa, and the Iowa Economic Development Authority is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute
and the City Manager is hereby directed to submit Contract 25 -CTBF-06 the
Iowa Economic Development Authority together with such other documents
as may be required.
Passed, approved, and adopted this 18th day of August 2025.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
8. Dubuque Selected to Join Economic Mobility and Opportunity Special
Assistant Program: Motion by Roussell to receive and file the documents and
approve participating in the International City/County Management Associa-
tion (ICMA) Economic Mobility and Opportunity Special Assistant Program.
Seconded by Wethal. Director of the Office of Economic Mobility and Neigh-
borhood Support Anderson Sainci stated that extensive community outreach
will be conducted and the department will engage community members in
their own settings. He also confirmed that the newly hired Economic Mobility
Special Assistant will enter into a contract with ICMA. Motion carried 7-0.
9. Civil Service List and Procedure Change for Police and Fire : Motion by
Jones to receive and file the documents and approve the change to forego
the Civil Service Approval process under Iowa Code §400.12A and authorize
the creation of a police officer hiring eligibility list of up to 40 police officer
candidates and a firefighter eligibility list of up to 40 firefighter candidates
which is outside the Civil Service Commission approval. Seconded by Farber.
City Council Members expressed support for the cha nge and emphasized
their desire to expedite the hiring process. Responding to a question, Police
Chief Jeremy Jensen stated that recent changes to Iowa’s Civil Service Law
permitted this change. Brumwell stated that the City includes civil service on
its legislative priorities. Jensen and Fire Chief Amy Scheller confirmed there
are no additional changes the City can make within its control to the civil ser-
vice hiring process that would expedite hiring. Motion carried 7-0.
10. Proceedings to Complete Action for the Issuance of $1,941,000 Taxa-
ble Water Revenue Bonds, Series 2025 (State Revolving Loan Fund Pro-
gram) Private Lead Service Line Replacement Pilot Program – Phase I: Mo-
tion by Sprank to receive and file the documents and adopt Resolution No.
278-25 Series Resolution authorizing and approving a Loan and Disburse-
ment Agreement and providing for the issuance of $1,941,000 Taxable Water
Revenue Bonds, Series 2025 and other documents related to the Series 2025
Bonds, and amending certain provisions. Seconded by Wethal. City Council
Members expressed support for the project. Van Milligen stated that the City
maintains an inventory of all lead service lines and residents may contact the
Water Department to verify eligibility for replacement. He noted that 49% of
the federally funded loan will be forgiven, with the remainder repaid by 2045
from water enterprise funds. Motion carried 7-0.
RESOLUTION NO. 278-25
SERIES RESOLUTION AUTHORIZING AND APPROVING A LOAN AND
DISBURSEMENT AGREEMENT AND PROVIDING FOR THE ISSUANCE
OF $1,941,000 TAXABLE WATER REVENUE BONDS, SERIES 2025 AND
OTHER DOCUMENTS RELATED TO THE SERIES 2025 BONDS, AND
AMENDING CERTAIN PROVISIONS
Whereas, the City of Dubuque (the “City” and sometimes hereinafter re-
ferred to as the “Issuer”), in Dubuque County, State of Iowa, did heretofore
establish a Municipal Waterworks Utility System (the “System”) in and for the
City which has continuously supplied water service in and to the City and its
inhabitants since its establishment; and
Whereas, the management and control of the System 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 hereto-
fore issued Water Revenue bonds or notes as set forth in prior proceedings
of the Council, and a portion of such prior Water Revenue debt remains out-
standing (the “Outstanding Indebtedness”); and
Whereas, pursuant to the resolutions relating to and authorizing the Out-
standing Indebtedness (the “Outstanding Bond Resolutions”) the City re-
served the right to issue additional 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 Outstanding Bond Resolutions; and
Whereas, the City heretofore proposed to contract indebtedness and enter
into a certain Water Revenue Loan and Disbursement Agreement (the
“Agreement”) and to borrow money thereunder in a principal amount not to
exceed $2,000,000, 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 System (the
“Project”), and has published notice of the proposed action and has held a
hearing thereon on June 2, 2025; and
Whereas, the City proposes to issue Taxable Water Revenue Bonds, Se-
ries 2025 (the “Series 2025 Bonds”) to the Iowa Finance Authority, an agency
and public instrumentality of the State of Iowa, as lender (the “Lender”), in
order to pay the costs of the Project; and
Whereas, the City is authorized and empowered by Chapter 384 of the
Code of Iowa (the “Act”) to borrow money for the System, and the City Council
has adopted a master resolution (the “Master Resolution”) on October 20,
2008, authorizing the issuance from time to time of Senior Bonds, including
Senior SRF Bonds (each as defined in the Master Resolution); and
Whereas, Section 8.3 of the Master Resolution authorizes the Council to
adopt a Series Resolution (as defined in the Master Resolution) to provide for
the issuance of Senior Bonds, and this Series Resolution constitutes a Series
Resolution under the Master Resolution; and
Whereas, for the purposes of this issuance, the Series 2025 Bonds shall
be deemed to be Senior SRF Bonds; and
Whereas, the obligations of the Issuer under the Series 2025 Bonds and
the Agreement shall be payable solely and only from the Net Revenues of the
System and certain funds and accounts created and pledged under this Se-
ries Resolution and the Master Resolution; and
Whereas, it is necessary at this time for the City Council to approve the
Agreement with the Lender and to issue the Series 2025 Bonds in evidence
thereof in the principal amount of $1,941,000; and
Whereas, upon completion of the Project, a portion of the principal amount
borrowed under the Agreement will be forgiven by the Lender;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA, AS FOLLOWS:
Section 1. Definitions. Terms used herein and not defined herein shall have
the meaning given to them in this Series Resolution and the Master Resolu-
tion unless the text expressly or by necessary implication requires otherwise:
“Agreement” means the Loan and Disbursement Agreement between the
Issuer and the Lender related to the Series 2025 Bonds.
“Bonds” or “Series 2025 Bonds” means the $1,941,000 Taxable Water
Revenue Bonds, Series 2025, in one or more series.
“Closing Date” shall mean the date of delivery of the Series 2025 Bonds,
with any final changes to such date as set forth in the Agreement.
“Loan” shall mean the loan made pursuant to the Agreement and evi-
denced by the Series 2025 Bonds.
“Outstanding IFA Notes” shall mean the Issuer’s outstanding Water Reve-
nue Capital Loan Note, Series 2007, dated October 18, 2007; Water Revenue
Capital Loan Note, Series 2010C, dated February 12, 2010; Water Revenue
Capital Loan Note, Series 2017, dated July 7, 2017; and Water Revenue Cap-
ital Loan Note, Series 2019, dated August 9, 2019, all of which are held by
the Iowa Finance Authority, as lender.
“Outstanding IFA Note Resolutions” shall mean the resolutions authorizing
the issuance of the Outstanding IFA Notes, which shall be recognized as Se-
ries Resolutions.
“Paying Agent” shall mean the City Treasurer, or such successor as may
be approved by the Issuer as provided herein and who shall carry out the
duties prescribed herein with respect to maintaining a register of the owners
of the Series 2025 Bonds. Unless otherwise specified, the Registrar shall also
act as the Paying Agent for the Series 2025 Bonds.
“Senior Bond Issuance Documents” means a Supplemental Resolution,
Obligation Issuance Documents, indenture or other document, as the case
may be, authorizing and issuing a series of Senior Bonds, including Senior
SRF Bonds.
“Series 2007 Note” shall mean the Issuer’s outstanding Water Revenue
Capital Loan Note, Series 2007, dated October 18, 2007.
“Series 2007 Note Resolution” shall mean the resolution authorizing the
issuance of the Series 2007 Note.
“Series 2021C Bonds” shall mean the Issuer’s outstanding Water Revenue
Refunding Bonds, Series 2021C, dated August 19, 2021.
“Series 2021C Bond Resolution” shall mean the resolution authorizing the
issuance of the Series 2021C Bonds, which shall be recognized as a Series
Resolution.
“Series 2025 Sinking Fund” means the fund by that name created pursuant
to Section 14 hereof.
“Series Resolution” or “Resolution” means this resolution.
Section 2. Loan Authorization; Authorization for Execution and Delivery of
Documents. Following the adoption of this Series Resolution and pursuant to
Chapter 384 of the Code of Iowa, the City Council is hereby authorized to
execute and deliver the Agreement with the Lender in the form which has
been placed on file with the Council providin g for a Loan in the aggregate
principal amount of $1,941,000 for the purpose or purposes set forth in the
preamble hereof. The Mayor and City Clerk are hereby authorized to execute
and deliver the Agreement on behalf of the Issuer in the form presented to the
Council, with final terms as determined by the Council and the Lender.
The Mayor, City Clerk and City Treasurer are each authorized to execute
and deliver the Series 2025 Bonds, any and all agreements, documents and
instruments required related to the issuance of the Series 2025 Bonds and to
carry out the purposes set forth in this Series Resolution, including but not
limited to any tax certificates, closing certificates and purchase agreements.
Section 3. Appointment of Registrar/Paying Agent. The City Treasurer is
hereby designated as the Registrar and Paying Agent for the Series 2025
Bonds and may be hereinafter referred to as the “Registrar” or the “Paying
Agent” in such capacities.
Section 4. Source of Payment of the Series 2025 Bonds. The Series 2025
Bonds, when issued, will be Senior SRF Bonds under the Master Resolution
and shall be payable solely from the Net Revenues of the System, and certain
funds and accounts created and pledged under this Series Resolution and
the Master Resolution.
Section 5. Series 2025 Bonds Details; Form of Series 2025 Bonds. The
Series 2025 Bonds are hereby authorized to be issued in evidence of the
obligation of the Issuer under the Agreement, in the aggregate principal
amount of $1,941,000, to be dated the Closing Date. The Series 2025 Bonds
shall not bear interest.
The Series 2025 Bonds may be in the denominations of $1,000 each or
any integral multiple thereof and, at the request of the Lender, shall be initially
issued as a single bond in the denomination of $1,941,000 and numbered R -
1.
The Series 2025 Bonds are subject to optional redemption by the Issuer at
a price of par (i) on any date with the prior written consent of the Lender, or
(ii) in the event that all or substantially all of the Project is damaged or de-
stroyed. Any optional redemption of the Series 2025 Bonds by the Issuer may
be made from any funds regardless of source, in whole or from time to time
in part, in inverse order of maturity upon not less than thirty (30) days’ notice
of redemption by facsimile, e-mail, certified or registered mail to the Lender
(or any other registered owner of the Series 2025 Bonds). The Series 2025
Bonds are also subject to mandatory redemption as set forth in Section 5 of
the Agreement.
The Bonds shall be fully registered as to principal in the names of the own-
ers on the registration books of the City kept by the Registrar. Each Bond
shall be transferable without cost to the registered owner thereof only upon
the registration books of the City upon presentation to the Registrar, together
with either a written instrument of transfer satisfactory to the Registrar or the
assignment form thereon completed and duly executed by the registered
owner or the duly authorized attorney for such registered owner.
The Series 2025 Bonds shall be executed on behalf of the Issuer with the
official manual or facsimile signature of the Mayor and attested by the official
manual or facsimile signature of the City Clerk, and shall be fully registered
bonds without interest coupons. The issuance of the Series 2025 Bonds shall
be recorded in the office of the City Treasurer, and the certificate on the back
of each Series 2025 Bond shall be executed with the official manual or fac-
simile signature of the City Treasurer. In case any officer whose signature or
the facsimile of whose signature appears on the Series 2025 Bonds shall
cease to be such officer before the delivery of such Bonds, such signature or
such facsimile signature shall nevertheless be valid and sufficient for all pur-
poses, the same as if such officer had remained in office until delivery.
If applicable pursuant to the Agreement, in addition to the payment of prin-
cipal of the Series 2025 Bonds, the Issuer also agrees to pay the Initiation
Fee and the Servicing Fee (defined in the Agreement) in accordance with the
terms of the Agreement.
The Series 2025 Bonds shall be in substantially the form [provided] as Ex-
hibit A hereto.
Section 6. Registration of Series 2025 Bonds; Designation of Registrar;
Transfer; Ownership; Delivery; and Cancellation. The provisions of Section
2.4 of the Master Resolution, which contains covenants relating to the regis-
tration, transfer, delivery, and cancellation of Bonds, are hereby ratified and
confirmed with respect to the Series 2025 Bonds.
Section 7. Reissuance of Mutilated, Destroyed, Stolen or Lost Bond. The
provisions of Section 2.5 of the Master Resolution, contains covenants relat-
ing to the reissuance of mutilated, destroyed, stolen, or lost Bonds, are hereby
ratified and confirmed with respect to the Series 2025 Bonds.
Section 8. Application of Loan Proceeds. The loan proceeds to be received
under the Agreement (the “Loan Proceeds”) shall be held by the Lender and
disbursed for costs of the Project, as referred to in the preamble hereof. The
Issuer shall keep a detailed and segregated accounting of the expenditure of,
and investment earnings on, the Loan Proceeds to ensure compliance with
the requirements of the Code (as defined in the Master Resolution).
Section 9. Ratification of Master Resolution. All provisions of the Master
Resolution are hereby ratified and confirmed, and are incorporated herein and
certain provisions thereof are modified as applicable to the Series 2025 Bonds
as provided herein. The Issuer hereby covenants that the requirements of
Article 8 of the Master Resolution have been satisfied.
Section 10. Rates and Charges; Independent Consultant. There have
heretofore been established as required by law, just and equitable fees, rates
and charges for the use of the services rendered by the System. As provided
in Section 7.1 of the Master Resolution, so long as the Series 2025 Bonds are
outstanding and unpaid, the Net Revenues of the System shall be sufficient
in each Fiscal Year to (i) provide for 100% of the Maintenance Expenses of
the System, (ii) equal at least 125% of the Debt Service Requirement, (iii)
enable the Issuer to make all required payments, if any, into the Debt Service
Reserve Fund, the Subordinate Bond Fund (if any), and the Rebate Fund, (iv)
enable the Issuer to accumulate an amount which, in the judgement of the
Council, is adequate to meet the costs of major renewals, replacements, re-
pairs, additions, betterments, and improvements to the System, necessary to
keep the same in good operating condition or as required by any governmen-
tal agency having jurisdiction over the System, and (v) remedy all deficiencies
in required payments into any of the funds and accounts established under
the Master Resolution or any Series Resolution.
From and after the date on which the Series 2021C Bonds have been paid
in-full (or the payment thereof provided for) and are no longer outstanding,
the coverage percentage in the preceding sentence with respect to the Series
2025 Bonds shall be reduced from 125% to 110%.
Section 11. Equality of Lien on Net Revenues. As provided in the Master
Resolution, the timely payment of principal of the outstanding Series 2025
Bonds shall be secured equally and ratably with other Senior Bonds by the
Net Revenues of the System without priority by reason of number or time of
sale or delivery.
Section 12. Establishment of Funds; Series 2025 Bond Sinking Fund; Debt
Service Reserve Fund. The provisions of Article 6 of the Master Resolution,
which provide for the establishment of the Revenue Fund, the Operation and
Maintenance Fund, the Bond Principal and Interest Fund (the “Sinking Fund”),
the Debt Service Reserve Fund, the Subordinate Bon d Fund, the Surplus
Fund, and the Rebate Fund, are hereby ratified and confirmed.
Series 2025 Bond Sinking Fund. From and after the issuance of the Series
2025 Bonds and as long as the Series 2025 Bonds are outstanding, the Issuer
shall establish and maintain a separate fund to be known as the Series 2025
Bond Sinking Fund. The Issuer shall transfer amounts on deposit in the Rev-
enue Fund into the Series 2025 Bond Sinking Fund for the payment principal
of the Series 2025 Bonds, on the 1st day of each month commencing on the
1st day of the month immediately succeeding the date of issuance and delivery
of any of the Series 2025 Bonds in equal monthly amounts which, together
with other monthly amounts made pursuant hereto, will be sufficient to pay
principal of the Series 2025 Bonds due on the next succeeding date which
principal of such Series 2025 Bonds are due and payable. If for any reason
the amount on deposit in the Series 2025 Bond Sinking Fund exceeds the
required amount, the excess shall be forthwith withdrawn therefrom by the
Issuer and deposited into the Revenue Fund. If for any reason the amount on
deposit in the Series 2025 Bond Sinking Fund is less than the required
amount, the deficit shall forthwith be made up by the Issuer from available
funds on deposit in the Revenue Fund as provided in Section 6.5 of the Mas-
ter Resolution.
Money in the Series 2025 Bond Sinking Fund shall be used solely for the
purpose of paying principal of the Series 2025 Bonds as the same may be-
come due and payable.
Debt Service Reserve Fund. The provisions of Section 6.6 of the Master
Resolution with respect to the Debt Service Reserve Fund are hereby recog-
nized. The Series 2025 Bonds shall be issued as Senior SRF Bonds, and the
Issuer shall not be required to make any payments into the Debt Service Re-
serve Fund under the provisions of this Resolution. The Series 2025 Bonds
shall not be secured by or payable from amounts held in the Debt Service
Reserve Fund, and the holders of the Series 2025 Bonds shall have no rights
against the Debt Service Reserve Fund so long as any Senior Bonds secured
by the Debt Service Reserve Fund remain outstanding.
Section 13. Investment of Funds. Section 6.11 of the Master Resolution
contains covenants relating to the investment of funds.
All income derived from such investments shall be credited to the fund from
which such investments were made. Such investments shall at any time
necessary be liquidated and the proceeds thereof applied to the purpose for
which the respective fund was created.
Section 14. Amendment to Section 7.1(b)(a) of the Master Resolution: Rate
Covenant. From and after the date on which the Series 2021C Bonds have
been paid in-full (or the payment thereof provided for) and are no longer out-
standing, to the extent that (i) the Iowa Finance Authority (the “Authority”) is
then the sole owner and holder of all of the then outstanding Series 2025
Bonds and Outstanding IFA Notes; and (ii) such amendment would not be
inconsistent with the covenants associated with any Additional Senior Bonds
then outstanding, Section 7.1(b)(a) of the Master Resolution shall be perma-
nently amended, with the written consent of the Authority to read as follows:
(a) will equal at least 110% of the Debt Service Requirement on all Senior
Bonds then Outstanding for the year of computation;
Section 15. Amendment to Section 8.3 of the Master Resolution; Amend-
ment to Section 21 of the Series 2007 Note Resolution: Restrictions on the
Incurrence of Senior Bonds. From and after the date on which the Series
2021C Bonds have been paid in-full (or the payment thereof provided for) and
are no longer outstanding, to the extent that (i) the Authority is then the sole
owner and holder of all of the then outstanding Series 2025 Bonds and Out-
standing IFA Notes; and (ii) such amendment would not be inconsistent with
the covenants associated with any Additional Senior Bonds then outstanding,
Section 8.3 of the Master Resolution and Section 21 of the Series 2007 Note
Resolution are hereby permanently amended, with the consent of the Author-
ity, to read as follows:
Bonds (including refunding Bonds which do not meet the requirements of
Section 8.2) may also be issued on a parity with the Senior Bonds pursuant
to a Series Resolution, and the Bonds so issued shall constitute Senior
Bonds. Any Senior Bonds shall not be entitled to priority or preference one
over the other in the application of the Net Revenues of the System, regard-
less of the time or times of the issuance of such Senior Bonds, it being the
intention of the Issuer that there shall be no priority among the Senior Bonds,
regardless of the fact that they may have been actually issued and delivered
at different times. The Issuer hereby reserves the right and privilege of issuing
Senior Bonds without restriction.
Section 16. Covenants Regarding Operation of the System. Section 7.2 of
the Master Resolution contains covenants relating to operation of the System.
Section 17. Events of Default; Remedies The provisions of Article 10 of the
Master Resolution, which contain covenants relating to events of default and
remedies, are hereby ratified and confirmed with respect to the Series 2025
Bonds.
Section 18. Additional Covenants, Representations and Warranties of the
Issuer; Disposition of Proceeds. The Issuer certifies and covenants that the
Issuer through its officers, will (a) make such further specific covenants, rep-
resentations and assurances as may be necessary or advisable; (b) file such
forms, statements and supporting documents as may be required and in a
timely manner; and (c) if deemed necessary or advisable by its officers, em-
ploy and pay fiscal agents, financial advisors, attorneys and other persons to
assist the Issuer in such compliance. Any and all of the officers of the Issuer
and the System are hereby authorized and directed to take any and all actions
as may be necessary to comply with the covenants herein contained.
Section 19. Discharge and Satisfaction of Series 2025 Bonds. The provi-
sions of Section 9.1 of the Master Resolution, which contains covenants re-
lating to the discharge and satisfaction of Bonds, are hereby ratified and con-
firmed with respect to the Series 2025 Bonds.
Section 20. Resolution a Contract. The provisions of this Series Resolution
shall constitute a contract among the Issuer and the owners of the Series
2025 Bonds, and after the issuance of the Series 2025 Bonds, no change,
variation or alteration of any kind in the provisions of this Series Resolution
shall be made in any manner, except as provided in Section 21 or Section 22
hereof, until such time as the Series 2025 Bonds shall have been satisfied
and discharged as provided in this Series Resolution.
Section 21. Modification of Resolution Not Requiring the Consent of Own-
ers of Series 2025 Bonds. The provisions of Section 11.1 of the Master Res-
olution, which contains covenants relating to amendment of the Resolution
without consent of the holders of the Series 2025 Bonds, are hereby ratified
and confirmed with respect to the Series 2025 Bonds.
Section 22. Modification of Series Resolution Requiring Consent of Owners
of Series 2025 Bonds. The provisions of Section 11.2 of the Master Resolu-
tion, which contains covenants relating to amendment of the Resolution with
the consent of the holders of the Series 2025 Bonds, are hereby ratified and
confirmed with respect to the Series 2025 Bonds.
Section 23. Loan Forgiveness. As set forth in the Agreement, upon com-
pletion of the Project and receipt by the Lender of a certificate of completion
from the City, a portion of the Loan shall be forgiven by the Lender.
Section 24. Conflicting Provisions. All resolutions and orders or parts
thereof in conflict with the provisions of this resolution are, to the extent of
such conflict, hereby repealed.
Section 25. Effective Date. This Series Resolution shall be in full force and
effect immediately upon its adoption and approval, as provided by law.
Section 26. Severability. If any section, paragraph, or provision of this Se-
ries Resolution shall be held to be invalid or unenforceable for any reason,
the invalidity or unenforceability of such section, paragraph or provision shall
not affect any of the remaining provisions.
Adopted and approved this August 18, 2025.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
11. Iowa Department of Natural Resources Proposed Administrative Con-
sent Order: Motion by Jones to receive and file the documents and approve
the proposed Administrative Consent Order received from the Iowa Depart-
ment of Natural Resources (IDNR) that pertains to effluent permit violations
between January 1, 2020, and December 31, 2024, at the Water & Resource
Recovery Center (WRRC). Seconded by Wethal. WRRC Director Deron
Muehring made a presentation. He explained that a 2022 Environmental
Protection Agency (EPA) inspection raised concerns about staffing levels,
which led to the addition of two positions. He clarified that the violations them-
selves did not cause increased odors, but the incidents leading to the viola-
tions resulted in higher-than-normal odor levels. He confirmed that his depart-
ment can provide updates on the status of the digester cleanings. City Council
Members thanked Muehring and his team for their work and communication
regarding the violations. Council Members also noted that it is uncommon for
a city to have zero permit violations over a five-year period and that some
incidents were caused by outside parties. Motion carried 7-0.
12. Old Mill Road Lift Station Project Update Video : Motion by Resnick to
receive and file the documents and view the video. Seconded by Farber. A
brief video produced by the Communications Office following a recent City
Council work session and major concrete pour at the Old Mill Road Sanitary
Sewer Lift Station Project was shown. It can also be viewed on the City of
Dubuque YouTube channel at https://youtu.be/p0BzFZZELǪU. Motion car-
ried 7-0.
COUNCIL MEMBER REPORTS
Jones reported on National Night Out, the congressional staff visit, Viking’s
webinar on Mississippi River cruises, Dubuque Metropolitan Area Solid Waste
Agency’s (DMASWA) upcoming award from the Iowa Association of Solid
Waste for their battery recycling program, viewing the status of the customer
convenience center at the DMASWA, and Carnegie Stout Public Library’s up-
coming event where former Iowa State Trooper Bob Hurley will discuss a
memoir he wrote about his experience in law enforcement.
Resnick reported on the Sisters of the Presentation of the Blessed Virgin
Mary’s 150th anniversary.
Farber reported on attending Federal Communications Commission (FCC)
and National League of Cities (NLC) technology committee meetings.
Sprank also reported on National Night Out and the congressional staff
visit, in addition to a Dubuque Trees Forever event at Eagle Point Park, Taste
of Dubuque, Crescent Community Health Center’s opening for their new ad-
dition, and volunteering at the Dubuque Farmer’s Market and the Labor Har-
vest.
Roussell also reported on the Dubuque Trees Forever event, along with
the new Bread of Life Presbyterian Church and participating in Dubuque Main
Street’s accreditation review.
Wethal reported on attending the Friends of Mines of Spain board meeting.
Cavanagh also reported on National Night Out and the congressional staff
visit, along with the English Ridge Park ribbon cutting, Envision 2030, the
United Way Campaign Kick Off Breakfast, and Centrally Rooted’s fundraising
concert.
CLOSED SESSION
Motion by Jones to convene in closed session at 9:32 p.m. to discuss
Pending Litigation and Purchase or Sale of Real Estate – Chapter
21.5(1)(c),(j) Code of Iowa. Seconded by Wethal. Mayor Cavanagh stated for
the record that the attorneys who will consult with City Council on the issues
to be discussed in the closed session are City Attorney Brumwell and Senior
Counsel Barry Lindahl. Motion carried 7-0.
The City Council reconvened in open session at 10:45 p.m. stating that
staff had been given proper direction.
ADJOURNMENT
There being no further business, Mayor Cavanagh declared the meeting
adjourned at 10:45 p.m.
/s/Adrienne N. Breitfelder, CMC, City Clerk