11 01 21 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 5:30 p.m. on November 1, 2021,
in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6 th Street.
Present: Mayor Buol; Council Members Cavanagh, Farber, Jones, Resnick, Roussell,
Sprank; City Manager Van Milligen, City Attorney Brumwell.
Mayor Buol read the call and stated this is a special session of the City Council called
for the purpose of conducting a work session on the Sustainable Dubuque update.
WORK SESSION
Sustainable Dubuque Update
Inspector Shane Hoeper made a presentation updating the City Council on the energy
scorecard and energy savers project in conjunction with the Teen Resiliency Corps. Top-
ics included:
• Rental Energy Rating;
• Evaluating Components and Systems;
• Key Points;
• Energy Savers Program Updates;
• RentLab;
• Energy Score Card
Sustainability Coordinator Gina Bell then presented on the Teen Resiliency Corps and
implementation of the Climate Action Plan. Teen Resiliency Corps participants Addison
Ryan, Demonte Smith, Harmony Paul, and Nevaeh Alfred spoke about their experienc es
in the program.
Ms. Bell and the participants responded to questions from the City Council regarding
resident engagement, potential partnerships, and current goals of the Teen Resiliency
Corps program.
There being no further business, Mayor Buol declared the meeting adjourned at 6:11
p.m.
/s/Adrienne N. Breitfelder, 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 November 1, 2021,
in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6 th Street.
Present: Mayor Buol; Council Members Cavanagh, Farber, Jones, Resnick, Roussell,
Sprank; City Manager Van Milligen, City Attorney Brumwell.
Mayor Buol 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.
City Clerk Breitfelder announced that Consent Item No. 16 Pre-Annexation Agreement
- ITC Midwest, LLC; and the boards and commissions appointment to the Civic Center
Advisory Commission were both removed from the meeting.
PLEDGE OF ALLEGIANCE
PRESENTATION(S)
1. COVID-19 Update: Public Health Specialist Mary Rose Corrigan provided an update
on the COVID-19 pandemic and response activities.
2. 2021 Woman of the Year Award Presentation : Amy Gilligan, of the Telegraph Her-
ald, presented Public Health Specialist Mary Rose Corrigan with the 2021 Woman of the
Year Award as part of the Telegraph Herald, BizTimes.biz, and Her Magazine's annual
Salute to Women Awards. Media services presented a Salute to Women Awards Woman
of the Year video.
3. Iowa Society of Solid Waste Operations Awards Presentation : Jennifer Jordan, of
the Iowa Society of Solid Waste Operators, presented Landfill Facility Supervisor Doug
Hughes with the Outstanding Professional Achievement (Service to Industry) Award.
4. 2021 National Service Recognition Day Awards Presentation : AmeriCorps Director
Heather Satterly presented on the National Service Recognition Day award nominees
and recipients. Media Services displayed a brief video clip from the National Service
Recognition Day Celebration.
PROCLAMATION(S)
1. Extra Mile Day (November 1, 2021) was accepted by Heather Satterley on behalf of
AmeriCorps Dubuque and Extra Mile Day America.
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2. Philanthropy Day (November 15, 2021) was accepted by Christel Tatro on behalf of
the Association of Fundraising Professionals – Greater Tri-State Chapter.
3. National Hospice Month (November 2021) was accepted by Lavonne Noel on behalf
of Hospice of Dubuque.
CONSENT ITEMS
Motion by Resnick to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Farber. Motion carried 7-0.
1. Minutes and Reports Submitted: City Council Proceedings of 10/18 and 10/20; His-
toric Preservation Commission of 10/21; Long Range Planning Commission of 10/20.
Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Karen Kluesner for vehicle damage; Mark Tinkham for
vehicle damage. Upon motion the documents were received, filed, and referred to the
City Attorney.
3. Disposition of Claims: City Attorney advised that the following claims have been
referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As-
surance Pool: Karen Kluesner for vehicle damage; Mark Tinkham for vehicle damage.
Upon motion the documents were received, filed, and concurred.
4. Approval of City Expenditures: City Manager recommended City Council approval
for payment of City expenditures. Upon motion the documents were received and filed,
and Resolution No. 366-21 Authorizing the Director of Finance and Budget/City Treasurer
to make certain payments of bills that must be paid and approved for payment in accord-
ance with City procedures was adopted.
RESOLUTION NO. 366-21
AUTHORIZING THE DIRECTOR OF FINANCE AND BUDGET / CITY TREASURER TO
MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED 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 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 Finance Director-City Treasurer has provided a list of Expenditures at-
tached hereto, and by this reference made a part hereof, to be drawn to pay for goods
and services provided for City purposes; and
Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142 -
18 adopted May 7, 2018, authorized the Finance Director-City Treasurer to issue checks
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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 Finance Director-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 re-
quested by designated requisitioning authorities in accordance with approved budget ap-
propriations.
Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance
Director are hereby authorized and directed to provide the statement of receipts and dis-
bursements to the City Council, and to publish a summary thereof.
Passed, approved, and adopted this 1st day of November 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
5. Fiscal Year 2023 Annual Tax Increment Financing Report: City Manager transmitted
the Annual Tax Increment Financing Report that has been filed with Dubuque County
Auditor Kevin Dragotto. Upon motion the documents were received and filed.
6. Fiscal Year 2021 Iowa Urban Renewal Annual Report: City Manager recommended
approval of the Fiscal Year 2021 Iowa Urban Renewal Report for the City of Dubuque.
Upon motion the documents were received and filed, and Resolution No. 367 -21 Approv-
ing the Fiscal Year 2021 Urban Renewal Report for the City of Dubuque was adopted.
RESOLUTION NO. 367-21
APPROVING THE FISCAL YEAR 2021 URBAN RENEWAL REPORT FOR THE CITY
OF DUBUQUE.
Whereas, the Iowa Legislature approved HF 2460 in the 2012 Legislative Session,
amending the current law pertaining to urban renewal districts; and
Whereas, HF 2460, otherwise known as the Urban Renewal Reporting Act of 2012,
aims to increase transparency in the utilization of tax increment financing; and
Whereas, HF 2460 requires an annual urban renewal report be approved by the ma-
jority of a local governing body that had an active urban renewal plan anytime during the
most recently ended fiscal year; and
Whereas, City staff have fulfilled the requirements outlined in the Act through a web -
based reporting tool hosted by the Iowa Department of Management.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Fiscal Year 2021 Urban Renewal Report for the City of Dubuque,
be approved.
Section 2. That the Director of Finance and Budget of the City of Dubuque, Iowa is
hereby authorized and directed to submit the Report, with a record of this approval, to the
Iowa Department of Management.
Passed, approved, and adopted this 1st day of November 2021.
Roy D. Buol, Mayor
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Attest: Adrienne N. Breitfelder, City Clerk
7. Authorizing Resolutions Naming Ryan Knuckey Director of Transportation Services:
City Manager recommended approval of resolutions that appoint Ryan Knuckey as an
active delegate to make decisions for the Jule on behalf of the City of Dubuque. Upon
motion the documents were received and filed, and Resolutions No. 368 -21 Authorizing
the Director of Transportation Services File Applications with the Iowa Department of
Transportation – Office of Public Transit; and 369-21 Authorizing the Director of Trans-
portation Services File Applications with the Federal Transit Administration, an operating
administration of the United States Department of Transportation, for Federal Transpor-
tation Assistance authorized by 49 U.S.C. Chapter 53 Title 23 United States Code and
other federal statutes administered by the Federal Transit Administration were adopted.
RESOLUTION NO. 368-21
AUTHORIZING THE DIRECTOR OF TRANSPORTATION SERVICES FILE APPLICA-
TIONS WITH THE IOWA DEPARTMENT OF TRANSPORTATION – OFFICE OF PUB-
LIC TRANSIT
Whereas, the City of Dubuque provides fixed-route and paratransit services for the
citizens of Dubuque; and
Whereas, the Iowa Department of Transportation (IDOT) is a pass-through funding
entity for federal capital and operating funds; and
Whereas, the City has historically applied through the IDOT for these funds; and
Whereas, the City Council finds that the applying for the funds to be beneficial to the
continued provision of transit service for the citizens of Dubuque.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Ryan Knuckey, Director of Transportation Services, is authorized to on
behalf of the City Council, to apply for financial assistance and to enter into related con-
tract(s) with the Iowa Department of Transportation.
Passed, adopted, and approved this 1st day of November 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
RESOLUTION NO. 369-21
AUTHORIZING THE DIRECTOR OF TRANSPORTATION SERVICES FILE APPLICA-
TIONS WITH THE FEDERAL TRANSIT ADMINISTRATION, AN OPERATING ADMIN-
ISTRATION OF THE UNITED STATES DEPARTMENT OF TRANSPORTATION, FOR
FEDERAL TRANSPORTATION ASSISTANCE AUTHORIZED BY 49 U.S.C. CHAPTER
53 TITLE 23 UNITED STATES CODE AND OTHER FEDERAL STATUTES ADMINIS-
TERED BY THE FEDERAL TRANSIT ADMINISTRATION
Whereas, the Federal Transportation Administrator has been delegated authority to
award Federal financial assistance for a transportation project; and
Whereas, the grant or cooperative agreement for Federal Financial assistance will im-
pose certain obligations upon the Applicant, and may require the Applicant to provide the
local share of the project cost; and
Whereas, the Applicant has or will provide all annual certifications and assurances to
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the Federal Transit Administration required for the project; and
Whereas, the Mayor may authorize a designee to execute and file applications to the
Federal Transit Administration on behalf of the City of Dubuque; and
Whereas Ryan Knuckey has been appointed as Director of Transportation Servi ces,
effective October 11, 2021.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE,
IOWA, AS FOLLOWS:
Section 1. The Mayor of the City of Dubuque has authorized Ryan Knuckey, the Direc-
tor of Transportation Services, to serve as designee to execute and file application for
Federal assistance on behalf of the City of Dubuque d.b.a. The Jule Transit with the Fed-
eral Transit Administration for Federal Assistance authorized by 49 U.S.C. Chapter 53,
Title 23, United States Code, or other Federal statutes authorizing a project administered
by the Federal Transit Administration.
Section 2. The Mayor of the City of Dubuque or his/her designee (i.e., Director of Trans-
portation Services) is authorized to execute and file with its application the annual cert ifi-
cation and assurances and other documents the Federal Transportation Administration
requires before awarding a Federal grant or cooperative agreement.
Section 3. The Mayor of the City of Dubuque or his/her designee (i.e. Director of Trans-
portation Services) is hereby authorized and directed to execute said grant and coopera-
tive agreements with the Federal Transit Administration on behalf of the City of Dubuque
and the City Clerk is authorized and directed to attest his signature.
Passed, approved, and adopted this 1st day of November 2021
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
8. Assignment of Development Agreement with Betty Building, LLC to Redevelop Prop-
erty at 151 E. 9th Street (Linseed Oil Paintworks Building): City Manager recommended
approval of an Assignment of Development Agreement with Betty Building, LLC for prop-
erty located at 151 E 9th Street to Carmac Management, Inc. Upon motion the documents
were received and filed, and Resolution No. 370-21 Approving the Assignment of the
Development Agreement between the City of Dubuque and Betty Building, LLC from Betty
Building, LLC to Carmac Management, Inc was adopted.
RESOLUTION NO. 370-21
APPROVING THE ASSIGNMENT OF THE DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF DUBUQUE AND BETTY BUILDING, LLC FROM BETTY BUILDING, LLC
TO CARMAC MANAGEMENT, INC
Whereas, the City Council of the City of Dubuque, by Resolution No. 95 -13, dated
March 18, 2013, entered into a Development Agreement with Wilmac Property Company
(Wilmac); and
Whereas, pursuant to the Development Agreement, Wilmac, as Developer, is required
to provide certain improvements to real estate owned by Wilmac, known locally as Lin-
seed Oil Paintworks Company Building located at 151 East 9th Street, Dubuque, Iowa
(the Property); and
Whereas, in order to facilitate rehabilitation of the Property, and in particular to accom-
modate the use of historic tax credits, the Property was conveyed by Wilmac to Betty
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Building, LLC, an Iowa limited liability company, and on October 6, 2014, with the consent
of the City, the Development Agreement was assigned by Wilmac to Betty Building, LLC;
and
Whereas, the Property has been rehabilitated as required by the terms of the Devel-
opment Agreement and Betty Building, LLC desires to assign the Development Agree-
ment to Carmac Management, Inc pursuant to the Assignment of Development Agree-
ment, a copy of which is attached hereto; and
Whereas, the City Council finds that it is in the best interests of the City of Dubuque to
approve the Assignment of Development Agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Assignment of Development Agreement assigning the Development
Agreement by Betty Building, LLC to Carmac Management, Inc is hereby approved.
Section 2. The Mayor is hereby authorized and directed to execute the Assignment of
Development Agreement on behalf of the City of Dubuque.
Passed, approved, and adopted the 1st day of November 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
9. Signed Contract(s): Hillcrest Family Services for use of Louis Murphy Park; Origin
Design Co. for the Jule Bus Barn Rooftop Unit Removal; Iowa Commission on Volunteer
Service for the 2021-2022 Formula Grant Amendment for the AmeriCorps Creating Op-
portunities Grant; Iowa Commission on Volunteer Service for the 2021-2022 Competitive
Grant Amendment for the AmeriCorps Partners in Learning Grant. Upon motion the doc-
uments were received and filed.
10. Carmel Drive Right of Way Plats and Dedications: City Manager recommended
approval of the Acquisition Plats of Lot 1A and 2A of Carmel Heights No. 2, in the City of
Dubuque, Iowa, and acceptance of the dedication of said lots for street Right of Way and
public utility purposes for the existing and proposed cul -de-sacs on Carmel Drive. Upon
motion the documents were received and filed, and Resolution Nos. 371 -21 Approving
the Acquisition Plat of Lot 1A of Carmel Heights No. 2, in the City of Dubuque, Iowa; and
No. 372-21 Approving the Acquisition Plat of Lot 2A of Carmel Heights No. 2, in the City
of Dubuque, Iowa were adopted.
RESOLUTION NO. 371-21
APPROVING THE ACQUISITION PLAT OF LOT 1A OF CARMEL HEIGHTS NO. 2, IN
THE CITY OF DUBUQUE, IOWA
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa,
an Acquisition Plat dated August 17, 2021 prepared by Origins Design describing Lot 1A
of Carmel Heights No. 2, in the City of Dubuque, Iowa; and
Whereas, said plat conforms to the laws and statutes pertaining thereto; and
Whereas, upon said plat appears Lot 1A, which BVM-PHS Senior Housing, Inc., by
said plat has dedicated to the public forever.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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Section 1. That the plat dated August 17, 2021 prepared by Origins Design, relative to
the real estate hereinabove described be and the same is hereby approved, and the
Mayor and City Clerk be and they are hereby authorized and directed to execute said plat
and on behalf of the City of Dubuque, Iowa.
Section 2. That the dedication of Lot 1A of Carmel Heights No. 2, in the City of Dubu-
que, for street Right of Way and public utility purposes, as it appears on said Acquisition
Plat, be and the same are hereby accepted.
Section 3. That the City Clerk be and is hereby authorized and directed to file said plat
and certified copy of this resolution in the office of the Recorder, in and for Dubuque
County, Iowa.
Passed, approved, and adopted this 1st day of November 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
RESOLUTION NO. 372-21
APPROVING THE ACQUISITION PLAT OF LOT 2A OF CARMEL HEIGHTS NO. 2, IN
THE CITY OF DUBUQUE, IOWA
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa,
an Acquisition Plat dated August 17, 2021 prepared by Origins Design describing Lot 2A
of Carmel Heights No. 2, in the City of Dubuque, Iowa; and
Whereas, said plat conforms to the laws and statutes pertaining thereto; and
Whereas, upon said plat appears Lot 2A, which Sisters of Charit y of the Blessed Virgin
Mary, by said plat have dedicated to the public forever.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat dated August 17, 2021 prepared by Origins Design, relative to
the real estate hereinabove described be and the same is hereby approved, and the
Mayor and City Clerk be and they are hereby authorized and directed to execute said plat
and on behalf of the City of Dubuque, Iowa.
Section 2. That the dedication of Lot 2A of Carme l Heights No. 2, in the City of Dubu-
que, for street Right of Way and public utility purposes, as it appears on said Acquisition
Plat, be and the same are hereby accepted.
Section 3. That the City Clerk be and is hereby authorized and directed to file said plat
and certified copy of this resolution in the office of the Recorder, in and for Dubuque
County, Iowa.
Passed, approved, and adopted this 1st day of November 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
11. Louise Lane Bridge Right of Way Dedication: City Manager recommended ap-
proval of the dedication of Lot 2-1 of Evelyn Tharp Place in Mineral Lot 324, in the City of
Dubuque, Iowa, as street right of way for Louise Lane. Upon motion the documents were
received and filed, and Resolution No. 373-21 Approving the dedication of Lot 2-1 of Eve-
lyn Tharp Place in Mineral Lot 324 in the City of Dubuque, Iowa as right of way for Louise
Lane, in the City of Dubuque, Iowa was adopted.
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RESOLUTION NO. 373-21
APPROVING THE DEDICATION OF LOT 2-1 OF EVELYN THARP PLACE IN MIN-
ERAL LOT 324 IN THE CITY OF DUBUQUE, IOWA AS RIGHT OF WAY FOR LOUISE
LANE, IN THE CITY OF DUBUQUE, IOWA
Whereas, the City of Dubuque is the owner of Lot 2 -1 of Evelyn Tharp Place in Mineral
Lot 324, in the City of Dubuque, Iowa per the Quit Claim Deed recorded in the Dubu que
County Recorder’s Office as Instrument Number 2009-00002817, and as shown on the
Plat of Survey of Lot 1-1 and Lot 2-1 of Evelyn Tharp Place in Mineral Lot 324, in the City
of Dubuque, Iowa; and
Whereas, said plat conforms to the laws and statues perta ining thereto; and
Whereas, the City of Dubuque intends to dedicate said Lot 2-1 to the public forever for
Right of Way purposes, including streets and utilities, to be included as part of the Louise
Lane Street Right of Way.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of Lot 2-1 of Evelyn Tharp Place in Mineral Lot 324, in
the City of Dubuque, Iowa, for Right of Way purposes, including streets and utilities, as
part of the Louise Lane Street Right of Way be and the same is hereby accepted and
approved.
Section 2. That the City Clerk be and is hereby authorized and directed to file a certified
copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa.
Passed, approved, and adopted this 1st day of November 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
12. 2021 Asphalt Overlay Access Ramp Project 3: City Manager recommended ac-
ceptance of the construction contract for the 2021 Asphalt Overlay A ccess Ramp Project
3, as completed by Midwest Concrete, in the final contract amount of $154,728.90, which
is a 4.53% increase over the original contract amount of $148,018.00 due to additional
curb repairs and additional sidewalk. Upon motion the documents were received and filed,
and Resolution No. 374-21 Accepting the 2021 Asphalt Overlay Access Ramp Project 3
and Authorizing the Payment to the Contractor was adopted.
RESOLUTION NO. 374-21
ACCEPTING THE 2021 ASPHALT OVERLAY ACCESS RAMP PROJECT 3 AND AU-
THORIZING THE PAYMENT TO THE CONTRACTOR
Whereas, the public improvement contract for the 2021 Asphalt Overlay Access Ramp
Project 3 (the Project) has been completed by the Contractor, Midwest Concrete, Inc.,
(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 $154,728.90; and
Whereas, the Contractor has previously been paid $146,992.46, leaving a balance of
$7,736.45; 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
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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 to the Contractor the balance
of the retainage of $7,736.45 as provided in Iowa Code chapter 573, and to pay such
retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code
chapter 26.13.
Passed, approved, and adopted this 1st day of November 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF 2021 ASPHALT
OVERLAY ACCESS RAMP PROJECT 3
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the 2021 Asphalt Overlay Access Ramp Project 3 has been performed in
compliance with the terms of the Public Improvement Contract, and that the total cost of
the completed work is $170,201.79.
Dated this 22nd day of October 2021.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 22nd day of October 2021.
/s/ Adrienne N. Breitfelder, City Clerk
13. US52 - Central Avenue (9th - 21st) HMA Pavement Resurfacing Project: Cooper-
ative Funding Agreement for Primary Road Project: City Manager recommended author-
ization for the Mayor to execute the Iowa Department of Transportation (Iowa DOT) Co-
operative Agreement for Primary Road Project for the Phase 4 - HMA Pavement Milling
and Resurfacing Project on Central Avenue from 9th Street to 21st Street. Upon motion
the documents were received and filed, and Resolution No. 375-21 Approving the Iowa
Department of Transportation Cooperative Agreement for Primary Roa d Project (Agree-
ment No. 2019-16-189) for the Phase 4 - US52 Central Avenue (9th - 21st) HMA Pave-
ment Resurfacing Project was adopted.
RESOLUTION NO. 375-21
APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION COOPERATIVE
AGREEMENT FOR PRIMARY ROAD PROJECT (AGREEMENT NO. 2019-16-189)
FOR THE PHASE 4 - US52 CENTRAL AVENUE (9TH - 21ST) HMA PAVEMENT RE-
SURFACING PROJECT
Whereas, the City of Dubuque has completed the US52 - Central Avenue (9th - 21st)
HMA Pavement Resurfacing Project, (the Project); and
Whereas, the segment of Central Avenue from 9th Street to 21st Street was designated
US Highway 52 and are under the jurisdiction of the Iowa Department of Transportation
(Iowa DOT) when the US52 - Central Avenue (9th - 21st) HMA Pavement Resurfacing
Project, was completed in 2021; and
Whereas, the US52 - Central Avenue (9th - 21st) HMA Pavement Resurfacing Project,
provided for the: milling; transverse and longitudinal joint repair; pavement sub -base re-
pair and patching; HMA resurfacing of both thru lanes and parking areas; spot curb,
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driveway, and sidewalk replacement; storm sewer improvements; installation of ADA pe-
destrian ramps; and water main replacement; and
Whereas, the Iowa DOT has authorized the use of State funds for elig ible construction
costs for the US52 - Central Avenue (9th - 21st) HMA Pavement Resurfacing Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That said Cooperative Agreement for Primary Road Project (Agreement
2019-16-189) between the City of Dubuque and the Iowa Department of Transportation
is hereby approved for the US52 - Central Avenue (9th - 21st) HMA Pavement Resurfac-
ing Project.
Section 2. That the Mayor be authorized and directed to execute two copie s of Iowa
DOT Cooperative Agreement for Primary Road Project (Agreement 2019 -16-189) for the
US52 - Central Avenue (9th - 21st) HMA Pavement Resurfacing Project.
Passed, approved, and adopted this 1st day of November 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
14. Iowa Department of Transportation Supplemental Agreements : City Manager rec-
ommended approval of two Iowa Department of Transportation Supplemental Agree-
ments for Local Primary Highway Maintenance, Pavement Markings, and Julien Dubuque
Bridge Sidewalk Maintenance between the Iowa DOT and the City of Dubuque. Upon
motion the documents were received, filed, and approved.
15. Rescind Public Hearing: State Revolving Fund (SRF) Environmental Review – Old
Mill Road Pump Station and Force Main project: City Manager recommended approval of
a resolution rescinding Resolution No. 344-21, which would cancel the November 15,
2021, public hearing for an environmental review associated with the Old Mill Road Pump
Station and Force Main Project. Upon motion the documents were received and filed, and
Resolution No. 376-21 Rescinding Resolution No. 344-21 was adopted.
RESOLUTION NO. 376-21
RESCINDING RESOLUTION NO. 344-21
Whereas, on 4th day of October 2021, the City Council of the City of Dubuque, Iowa
adopted Resolution No. 344-21 for approving Fixing the Date for the Public Hearing for
an environmental review as provided by SRF Department of Natural Resources, for the
Old Mill Road Pump Station and Force Main Project; and
Whereas, City staff became aware of an archeological report from the Iowa Depart-
ment of Natural Resources, which may require further studies in the project area; and
Whereas, the current environmental review as provided by SRF Department of Natural
Resources process must stop and rescheduled for a future date.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE,
IOWA:
Resolution No. 344-21 are hereby rescinded.
Passed, approved, and adopted this 1st day of November 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
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17. ImOn Communications Regarding Application for the Proposed Expansion of Ser-
vice Area: City Manager transmitted a courtesy copy of the Application for the Proposed
Expansion of Service Area filed with the State of Iowa by ImOn Communications. Upon
motion the documents were received and filed.
18. Intent to Apply for Two National Environmental Health Administration - Food and
Drug Administration Development Base Retail Flexible Model Grants: City Manager rec-
ommended approval to apply for two National Environmental Health Administration –
Food and Drug Administration Development Base Retail Flexible Model Grants. Upon
motion the documents were received, filed, and approved.
19. US Department of Housing and Urban Development Fiscal Year 2022 Community
Development Block Grant Funding Agreement: City Manager recommended approval of
the Fiscal Year 2022/Program Year 2021 Community Development Block Grant Agree-
ment with the US Department of Housing and Urban Development and requests authori-
zation for the Mayor to execute the contract on behalf of the City. Upon motion the docu-
ments were received and filed, and Resolution No. 378-21 Authorizing execution of
FY22/PY21 Community Development Block Grant Agreement was adopted.
RESOLUTION NO. 378-21
AUTHORIZING EXECUTION OF FY22/PY21 COMMUNITY DEVELOPMENT BLOCK
GRANT AGREEMENT
Whereas, the City of Dubuque receives Community Development Block Grant funding
annually; and
Whereas, the City Council approved the Fiscal Year 2022 budget that included Com-
munity Development Block Grant allocation; and
Whereas, the City Council and the Federal Department of Housing and Urban Devel-
opment have approved an Annual Action Plan for the allocation of this funding in accord-
ance with our Consolidated Plan; and
Whereas, all services provided will meet a national objective to assist a majo rity low-
moderate income residents, eliminate slum or blight, or meet an urgent need.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the FY22/PY21 Community Development Block Grant Agreement be
approved.
Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to
execute said Agreement and related documents on behalf of the City of Dubuque, Iowa.
Passed, approved, and adopted this 1st day of November 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
20. Grass and Weed Cutting and Garbage Collection Assessments : City Manager rec-
ommended adoption of a resolution authorizing the City Clerk to certify grass and weed
cutting and garbage collection charges to the Dubuque County Treasurer in order to es-
tablish real property liens for collection of such charges. Upon motion the documents were
13
received and filed, and Resolution No. 379-21 Authorizing the city to collect delinquent
grass and weed cutting and garbage collection charges in accordance with Title 6-4-3A
and Title 6-8-2 of the Code of Ordinances of the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 379-21
AUTHORIZING THE CITY TO COLLECT DELINQUENT GRASS AND WEED CUTTING
AND GARBAGE COLLECTION CHARGES IN ACCORDANCE WITH TITLE 6-4-3A
and TITLE 6-8-2 OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE,
IOWA
Whereas, residential properties in the City of Dubuque are considered substandard if
any conditions exist to an extent that endanger life, limb, health, property, safety, or wel-
fare of the public or the occupants thereof; and
Whereas, whenever in the judgment of the Housing Officer, a nuisance that is “palpably
and indisputably such” exists which requires immediate action to protect the public health,
safety or welfare of the public, the Housing Officer may order the emergency abatement
of such; and
Whereas, delinquent grass and weed cutting and garbage collection charges shall be
certified by the City Clerk to the Dubuque County Treasurer for collection with, and in the
same manner as general property taxes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section I. That the persons listed on the attached Grass/Weed/Garbage Assessment
Schedule are delinquent in the payment of grass and weed cutting and garbage collection
charges.
Section 2. That the City Clerk be and is hereby order ed and directed to certify to the
County Treasurer of Dubuque County, Iowa, that the persons named on the attached
Grass/Weed/Garbage Assessment Schedule are delinquent in the payment of grass and
weed cutting and garbage collection charges in the amount set aside of the respective
names, and that said amounts shall be collected in the same manner as general property
taxes against the respective parcels of property set opposite the names of the owners.
Passed, approved, and adopted this 1st day of November 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
Schedule of Assessments
Delinquent Grass and Weed Cutting and Garbage Removal Accounts
Location; Owner; Parcel #; Amount; Category
1225 N Booth, Lot 2-1 Trenks Booth St Pl; Fries, Thomas A, 1225 N Booth St
Dubuque IA 52001; 1023483017; $212.50; grass
Cedar Cross Rd, Lot 1 Blk 3 Cedar Cross Industrial Park; Dubuque Msa Ltd Partner-
ship, PO Box 2549 Addison TX 75001; 1034177003; $145; grass
2495 University, E 10' Of Lot 140 & Lot 139 Finley Waples & Burtons Add; Miller, Don-
ald N, 2495 University Ave Dubuque IA 52001; 1026105010; $ 135; grass
2286 Central, W 1/2-S 1/2-Lot 18 & W 1/2- N 1/4-Lot 16p L H Langworthy's Add;
Hanen, Shawn C & Christina M, 179 S Winter Quarters Road Pampa TX 79 065-2301;
1024130003; $135; grass
14
1734 Lori, Lot 1 Blk 2 Scenic View Heights #3; Kizer, Richard A & Shari L, 1734 Lori
St Dubuque IA 52001; 1015482011; $170; grass
2018 N Main, Lot 20 Marsh's Add; Kieler, Tonya L, 2018 N Main St Dubuque IA 52001;
1024134019; $177.5; grass
1698 Jackson, Lot 1-37 East Dubuque Add; Eichstadt, Alexander Lee & Andress
Boggs, 85 Power St Providence RI 02906; 1024268001; $130; grass
2415 Jackson, Lot 4 New Jackson Sub; Brandel, Brian, 2304 Jackson St Dubuque IA
52001; 1013379028; $234.98; garbage
2419 Jackson, Lot 1-6 New Jackson Sub; Phk LLC 9120 Long Tail Ln Dubuque IA
52003; 1013379026; $106.65; garbage
1786 Jackson, S 1/2 Lot 32 East Dubuque Add; Neal, Phillip & Crystal 1786 Jackson
St Dubuque IA 52001; 1024263002; $106.65; garbage
2230 Francis, S 1/2 Of Lot 17 Tivoli Add; Kieffer, Philip L, 2285 Roosevelt St Dubuque
IA 52001; 1024129011; $131.65; garbage
21. Problem Property Assessment: City Manager recommended adoption of a resolu-
tion authorizing the City Clerk to certify problem property charges to the Dubuque County
Treasurer in order to establish real property liens for collection of such charges. Upon
motion the documents were received and filed, and Resolution No. 380 -21 Authorizing
the city to collect delinquent problem property charges in accordance with 14-1J1 Inter-
national Property Maintenance Code Section 106.5 and/or Section 109.5 Code of Ordi-
nances of the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 380-21
AUTHORIZING THE CITY TO COLLECT DELINQUENT PROBLEM PROPERTY
CHARGES IN ACCORDANCE WITH 14-1J1 INTERNATIONAL PROPERTY MAINTE-
NANCE CODE SECTION 106.5 AND/OR SECTION 109.5 CODE OF ORDINANCES OF
THE CITY OF DUBUQUE, IOWA
Whereas, residential properties in the City of Dubuque are considered hazardous or
unsanitary premises if problem properties are allowed to deteriorate according to 14-1J1;
and
Whereas, whenever in the judgment of the Code Official, a nuisance that is “palpably
and indisputably such” exists which requires immediate action to protect the public health,
safety or welfare of the public, the Code Official may order the emergency abatement of
such; and
Whereas, delinquent problem property charges shall be certified by the City Clerk to
the Dubuque County Treasurer for collection with, and in t he same manner as general
property taxes.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the persons listed on the attached Problem Property Assessment
Schedule are delinquent in the payment of problem property charges.
Section 2. That the City Clerk be and is hereby ordered and directed to certify to the
County Treasurer of Dubuque County, Iowa, that the persons named on the attached
Problem Property Assessment Schedule are delinquent in the payment of problem prop-
erty charges in the amount set aside of the respective names, and that said amounts shall
15
be collected in the same manner as general property taxes against the respective parcels
of property set opposite the names of the owners.
Passed, approved, and adopted this 1st day of November 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
Schedule of Assessments
Vacant or Abandoned Building Problem Property Assessments
Location; Owner; Parcel #; Amount; Category
2804 Central; W 84'-W 170' Of Lot 287 Davis Farm; Jnk Properties LLC, 2224 Jill Dr
Asbury IA 52002; 1013156015; $358.70; Relocation of tenant from 2804 Central
451 W 5th; S 73' Of Lot 13 Coriell's Dubuque; Engelken, Thomas A, 2022 Camelot Dr
Allen TX 75013; 1025207015; $1408.20; Relocation of tenant from 451 W 5th St
22. Abstract of Votes for the 2021 City Primary Election: City Clerk transmitted the
Abstract of Votes for the October 5, 2021 City Primary Election as certified by the Dubu-
que County Auditor. Upon motion the documents were received and filed.
23. Liquor License Renewals: City Manager recommended approval of annual beer,
liquor and wine licenses as submitted. Upon motion the documents were received and
filed, and Resolution No. 381-21 Approving applications for beer, liquor, and/or wine per-
mits, as required by City of Dubuque Code of Ordinances Title 4 Business and License
Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and
Permits was adopted.
RESOLUTION NO. 381-21
APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, 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
Whereas, applications for Beer, Liquor, and or Wine Permits 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:
New Applications
Family Dollar Store, 2600 Dodge St.
Lina's Lounge, 2055 Holliday Dr. Suite 580
PitStop Carryout, 1735 Central Ave.
Renewals
Aldi Incorporated #30, 2160 Holliday Dr.
Dimensional Brewing Company, 67 Main St.
Doghouse Lounge, 1646 Asbury Rd.
16
Fast Freddy’s, 3130 Jackson St.
Happy Joe’s Old Fashioned Ice Cream and Pizza Parlor, 855 Century Dr.
Kwik Stop Food Mart, 4039 Pennsylvania Ave.
L. May Eatery, 1072 Main St.
Rainbow Lounge, 36 West 4th St.
Wicked Dame, 214 West 1st St.
Yen Ching Restaurant, 926 Main St.
Special Event(s) per Special Event Application Submittal
BPTRDBQ (Backpocket Taproom) 11/27/21 to 12/1/21, 333 East 10th St.
Section 1. The City Clerk is hereby authorized and directed to cause to be issued the
noted permit types to the following applicants pending submission of the locally required
documentation:
Passed, approved, and adopted this 1st day of November 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Resnick to receive and file the documents, adopt the resolutions, and set
the public hearings as indicated. Seconded by Farber. Motion carried 7-0.
1. Bee Branch Gate and Pump Replacement Project: City Manager recommended the
City Council set a public hearing for November 15, 2021, to consider an agreement with
the United States Army Corps of Engineers for the Acceptance of Consent to Easement
Structures as a requirement for the City to proceed with the Bee Branch Gate and Pump
Replacement Project. Upon motion the documents were received and filed and Resolu-
tion No. 382-21 Setting Date of Public Hearing on the Agreement with the Army Corps of
Engineers Consent to Easement Structures was adopted setting a public hearing for a
meeting to commence at 6:30 p.m. on November 15, 2021, in the Historic Federal Build-
ing.
RESOLUTION NO. 382-21
SETTING DATE OF PUBLIC HEARING ON THE AGREEMENT WITH THE ARMY
CORPS OF ENGINEERS CONSENT TO EASEMENT STRUCTURES
Whereas, the City of Dubuque has a flood control system along the Mississippi River;
and
Whereas, the United States has acquired a perpetual flowage easement over Tract
Nos. FIA-074, FIA-087, FIA-088, FIA-089, FIA-090, FIA-091 and FIA-120, Mississippi
River Project, Pool 12, and which was recorded in Record Book 114, Pages 1 -21, in the
records in Dubuque, Iowa; and
Whereas, the United States has been requested to give consent for the installation,
operation, and maintenance of a water pumping station to replace the existing Bee
Branch Pumping Station that is part of the Dubuqu e, Iowa Flood Risk Management Pro-
ject; and
Whereas, the City of Dubuque is required to enter into an Acceptance of Consent to
Easement Structures in order to proceed with the improvements associated with the Bee
17
Branch Gate and Pump Replacement Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
A public hearing will be held by the Dubuque City Council on the 15th day of November
2021 at 6:30 p.m. in the City Council Chambers of the Historic Federal Building, 350 W.
6th Street, Dubuque, Iowa, at which time the City Council proposes to act on the Ac-
ceptance of Consent to Easement Structures between the City and the United States.
Passed, adopted, and approved this 1st day of November 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
2. Request to Set for Public Hearing Proposed Lease Agreement Between the City of
Dubuque and Comelec Internet Services: City Manager requested the City Council set a
public hearing for November 15, 2021, on a lease with Comelec Internet Services for
space on the 3rd Street Water Tower. Upon motion the documents were received and
filed and Resolution No. 383-21 Intent to dispose of an interest in real property owned by
the City of Dubuque by Lease Supplement between the City of Dubuque, Iowa and Come-
lec Internet Services, LLC was adopted setting a public hearing for a meeting to com-
mence at 6:30 p.m. on November 15, 2021, in the Historic Federal Building.
RESOLUTION NO. 383-21
INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY OWNED BY THE CITY
OF DUBUQUE BY LEASE SUPPLEMENT BETWEEN THE CITY OF DUBUQUE, IOWA
AND COMELEC INTERNET SERVICES, LLC
Whereas, the City of Dubuque, Iowa (City) is the owner of the real property described
as follows:
Property at 1575 West Third Street, Dubuque, IA, legally described as Lots 23 & 24 of
the Finley Home Addition in Dubuque, Iowa, Dubuque County, Iowa (the Property)
; and
Whereas, City and Comelec Internet Services, LLC entered into a Master Lease Agree-
ment dated April 1, 2019 (the Agreement), which granted Comelec the right to lease cer-
tain City property for the purposes and subject to the conditions set forth in the Agree-
ment; and
Whereas, Comelec desires to lease certain space on the Water Tower on the Property
as shown on Exhibit B; and
Whereas, City and Comelec have tentatively agreed to the Lease Supplement, at-
tached hereto; and
Whereas, the City Council believes it is in the best interest of the City of Dubuque to
approve the Lease Supplement.
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 Supplement between City and Comelec.
Section 2. The City Clerk is hereby authorized and directed to cause this Resol ution
and a notice to be published as prescribed by Iowa Code 364.7 of a public hearing on the
City’s intent to dispose of its interest in the Property by Lease Supplement, to be held on
18
the 15th day of November, at 6:30 o’clock p.m. at the Historic Federa l Building, Council
Chambers, 350 W. 6th Street, Dubuque, Iowa.
Passed, approved, and adopted this 1st day of November 2021.
Roy D. Buol, 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.
Resilient Community Advisory Commission: One, 3-Year term through July 1, 2024
(Vacant term of Booth). Applicant: Katharine Connolly, 205 Bryant St. Ms. Connolly spoke
in support of her appointment and provided a brief biography.
Appointments were made to the following boards/commissions.
Civil Service Commission: One, 4-Year term through April 6, 2025 (Expired term of
White) Applicant: Daniel White, 2919 Elm St. This commission is subject to the State of
Iowa Gender Balance Law. 3 Commissioners total; currently 1 male/1 female/ 1 opening .
Upon City Council concurrence, Mayor Buol appointed Mr. White to the four-year term
through April 6, 2025.
Investment Oversight Advisory Commission: One, 3-Year term through July 1, 2024
(Vacant term of Becker). Applicant: Molly Valaskey, 1385 Alta Vista St. Motion by Jones
to appoint Ms. Valaskey to the three-year term through July 1, 2024. Seconded by Rous-
sell. Motion carried 7-0.
Transit Advisory Board: One, 3-Year term through July 30, 2023 (Vacant term of Serna)
and one, 3-Year term through July 30, 2024 (Expired term of Esser). Applicants: Matthew
P. Esser, 90 Main St.; Greg Orwoll, 2635 West 32nd St.; Blake Scharpf, 1319 Forest Ln.
Upon roll call vote, Mr. Orwoll was appointed to the three-year term through July 30, 2023,
and Mr. Esser was appointed to the three-year term through July 30, 2024. Mr. Orwoll
and Mr. Esser received all 7 votes respectively.
PUBLIC HEARINGS
1. City of Dubuque Voluntary Annexation Request: Proof of publication on notice of
public hearing to consider City Council approval of a 100% voluntary annexation request
filed by the City of Dubuque for approximately 51.56 acres of property, and City Manager
recommended approval. Motion by Cavanagh to receive and file the documents and
adopt Resolution No. 384-21 Approving an application for voluntary annexation of territory
to the City of Dubuque, Iowa. Seconded by Jones. Motion carried 7 -0.
RESOLUTION NO. 384-21
19
APPROVING AN APPLICATION FOR VOLUNTARY ANNEXATION OF TERRITORY
TO THE CITY OF DUBUQUE, IOWA
Whereas, the City Council of Dubuque has received a written application from the City
of Dubuque for the voluntary annexation of 51.56 acres of property. The property is com-
prised of the western on and off ramps of the intersection of the Southwest Arteria l and
US Hwy 151/61 and the intersection of Tamarack Drive and the Southwest Arterial as
shown on Exhibit A and legally described as:
All that land acquired for highway right of way by the Iowa Department of Trans-
portation known as Lot A of Lot 1 of the Northwest 1/4 of the Northeast 1/4 and of
Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4 and of Lot 2 of the South-
east 1/4 of the Northeast 1/4, all in Section 14, Township 88 North, Range 2 East
of the 5th P.M., County of Dubuque, State of Iowa, containing 11.95 acres and as
shown and described in the Warranty Deed filed as Instrument Number 2010 -
00003964 in the Dubuque County Recorder’s Office, and
All that land acquired for highway right of way by the Iowa Department of Trans-
portation known as Lot B of Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast
1/4 and of Lot 2 of the Southeast 1/4 of the Northeast 1/4, all in Section 14,
Township 88 North, Range 2 East of the 5th P.M., County of Dubuque, State of
Iowa, containing 0.62 acres and as shown and described in the Warranty Deed
filed as Instrument Number 2011-00011776 in the Dubuque County Recorder’s
Office; and
All that land acquired for highway right of way by the Iowa Department of Trans-
portation known as Lot A of Lot 2 of the Southwest 1/4 of the Northwest 1/4, all in
Section 13, Township 88 North, Range 2 East of the 5th P.M., County of Dubu-
que, State of Iowa, containing 7.50 acres and as shown and described in the
Warranty Deed filed as Instrument Number 2010 -00007163 in the Dubuque
County Recorder’s Office; and
A part of that land acquired for highway right of way by the Iowa Department of
Transportation known as Lot A of Lot 2 of 3 of Archdiocese Place No. 2 at Key
West in Section 11, Township 88 North, Range 2 East of the 5 th P.M., County of
Dubuque and of Lot 2 of the Northwest 1/4 of the Northeast 1/4 and of Lot 2 of 1
of the Northeast 1/4 of the Northeast 1/4 and of Lot 1 of the Southeast Quarter of
the Northeast Quarter, all in Section 14, Township 88 North, Range 2 East of the
5th P.M., County of Dubuque, State of Iowa, containing 51.12 acres and as
shown and described in the Warranty Deed filed as Instrument Number 2011 -
00018392 in the Dubuque County Recorder’s Office, more particularly described
as follows:
Commencing at the east 1/4 corner of said Section 14; thence South 87° (de-
grees) 30' (minutes) 08" (seconds) West (assumed bearing for the purpose of
this description) on the south line of the Northeast 1/4 of said Section 14, a dis-
tance of 316.67 feet to the southeast corner of said Lot 1 of the Southeast 1/4 of
20
the Northeast 1/4 which is on the present northwesterly right -of-way line of U.S.
Highway 61, being the point of beginning of the area herein described; thence
continuing south 87°30'08" west on said south line, also being the south line of
said Lot 1 of the Southeast 1/4 of the Northeast 1/4, a distance of 744.37 feet to
the west line of said Lot 1 of the Southeast 1/4 of the Northeast 1/4; thence north
01°46'59" west on said west line, 365.46 feet; thence north 02°36 '29" west on
said west line, 258.32 feet to the northwesterly line of said Lot 1 of the Southeast
1/4 of the Northeast 1/4; thence north 15°33'01" east on said northwesterly line,
189.90 Feet; Thence North 20°16'31" east on said northwesterly line, 100.25
feet; thence north 31°16'30" east on said northwesterly line, 371.74 feet; thence
north 51°35'55" east on said northwesterly line, 46.89 feet; thence north
26°34'03" east on said northwesterly line, 112.65 feet to the northwest corner of
said Lot 1 of the Southeast 1/4 of the Northeast 1/4, also being the southwest
corner of said Lot 2 of 1 of the Northeast 1/4 of the Northeast 1/4; thence north
35°25'51" east on the westerly and southwesterly line of said Lot 2 of 1 of the
Northeast 1/4 of the Northeast 1/4, a distance of 200.90 feet; thence north
01°11'53" west on said westerly and southwesterly line, 284.09 feet; thence north
51°36'20" west on said westerly and southwesterly line, 173.35 feet; thence
south 73°41'30" east a distance of 115.82 feet; thence south 48°36'34" east on
the northeasterly line of said Lot 2 of 1 of the Northeast 1/4 of the Northeast 1/4,
759.07 feet to the southeast corner of said Lot 2 of 1 of the Northeast 1/4 of the
Northeast 1/4, also being the northeast corner of said Lot 1 of the Southeast 1/4
of the Northeast 1/4; thence south 02°41'19" east on the easterly line of said Lot
1 of the Southeast 1/4 of the Northeast 1/4, a distance of 954.91 feet to the pre-
sent northwesterly right-of-way line of U.S. Highway 61; thence south 38°00'39”
west on said northwesterly right-of-way line, 485.62 feet to the point of beginning,
containing 31.49 acres, more or less.
Whereas, the annexation territory is not subject to an existing annexation moratorium
agreement and does not include any railroad property; and
Whereas, the annexation territory does not include State owned property; and
Whereas, Chapter 368 of the Code of Iowa authorizes this annexation by adoption of
a resolution and required notification; and
Whereas, the annexation territory is consistent with the City’s Comprehensive Plan;
and
Whereas, the future growth and development of the City of Dubuque, Iowa makes it
desirable that the annexation territory be made part of the City of Dubuque, Iowa; and
Whereas, the City of Dubuque has the capacity to provide substantial municipal ser-
vices to the annexation territory; and
Whereas, the annexation is in the public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the application for the voluntary annexation of property owned by the
City of Dubuque consisting of 51.56 acres as shown on Exhibit A and legally described
as:
All that land acquired for highway right of way by the Iowa Department of
21
Transportation known as Lot A of Lot 1 of the Northwest 1/4 of the Northeast 1/4
and of Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4 and of Lot 2 of the
Southeast 1/4 of the Northeast 1/4, all in Section 14, Township 88 North, Range
2 East of the 5th P.M., County of Dubuque, State of Iowa, containing 11.95 acres
and as shown and described in the Warranty Deed filed as Instrument Number
2010-00003964 in the Dubuque County Recorder’s Office, and
All that land acquired for highway right of way by the Iowa Department of Trans-
portation known as Lot B of Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast
1/4 and of Lot 2 of the Southeast 1/4 of the Northeast 1/4, all in Section 14,
Township 88 North, Range 2 East of the 5th P.M., County of Dubuque, State of
Iowa, containing 0.62 acres and as shown and described in the Warranty Deed
filed as Instrument Number 2011-00011776 in the Dubuque County Recorder’s
Office; and
All that land acquired for highway right of way by the Iowa Department of Trans-
portation known as Lot A of Lot 2 of the Southwest 1/4 of the Northwest 1/4, all in
Section 13, Township 88 North, Range 2 East of the 5th P.M., County of Dubu-
que, State of Iowa, containing 7.50 acres and as shown and described in the
Warranty Deed filed as Instrument Number 2010-00007163 in the Dubuque
County Recorder’s Office; and
A part of that land acquired for highway right of way by the Iowa Department of
Transportation known as Lot A of Lot 2 of 3 of Archdiocese Place No. 2 at Key
West in Section 11, Township 88 North, Range 2 East of the 5th P.M., County of
Dubuque and of Lot 2 of the Northwest 1/4 of the Northeast 1/4 and of Lot 2 of 1
of the Northeast 1/4 of the Northeast 1/4 and of Lot 1 of the Southeast Quarter of
the Northeast Quarter, all in Section 14, Township 88 North, Range 2 East of the
5th P.M., County of Dubuque, State of Iowa, containing 51.12 acres and as
shown and described in the Warranty Deed filed as Instrument Number 2011-
00018392 in the Dubuque County Recorder’s Office, more particularly described
as follows:
Commencing at the east 1/4 corner of said Section 14; thence South 87° (de-
grees) 30' (minutes) 08" (seconds) West (assumed bearing for the purpose of
this description) on the south line of the Northeast 1/4 of said Section 14, a dis-
tance of 316.67 feet to the southeast corner of said Lot 1 of the Southeast 1/4 of
the Northeast 1/4 which is on the present northwesterly right-of-way line of U.S.
Highway 61, being the point of beginning of the area herein described; thence
continuing south 87°30'08" west on said south line, also being the south line of
said Lot 1 of the Southeast 1/4 of the Northeast 1/4, a distance of 744.37 feet to
the west line of said Lot 1 of the Southeast 1/4 of the Northeast 1/4; thence north
01°46'59" west on said west line, 365.46 feet; thence north 02°36'29" west on
said west line, 258.32 feet to the northwesterly line of said Lot 1 of the Southeast
1/4 of the Northeast 1/4; thence north 15°33'01" east on said northwesterly line,
189.90 Feet; Thence North 20°16'31" east on said northwesterly line, 100.25
22
feet; thence north 31°16'30" east on said northwesterly line, 371.74 feet; thence
north 51°35'55" east on said northwesterly line, 46.89 feet; thence north
26°34'03" east on said northwesterly line, 112.65 feet to the northwest corner of
said Lot 1 of the Southeast 1/4 of the Northeast 1/4, also being the southwest
corner of said Lot 2 of 1 of the Northeast 1/4 of the Northeast 1/4; thence north
35°25'51" east on the westerly and southwesterly line of said Lot 2 of 1 of the
Northeast 1/4 of the Northeast 1/4, a distance of 200.90 feet; thence north
01°11'53" west on said westerly and southwesterly line, 284.09 feet; thence north
51°36'20" west on said westerly and southwesterly line, 173.35 feet; thence
south 73°41'30" east a distance of 115.82 feet; thence south 48°36'34" east on
the northeasterly line of said Lot 2 of 1 of the Northeast 1/4 of the Northeast 1/4,
759.07 feet to the southeast corner of said Lot 2 of 1 of the Northeast 1/4 of the
Northeast 1/4, also being the northeast corner of said Lot 1 of the Southeast 1/4
of the Northeast 1/4; thence south 02°41'19" east on the easterly line of said Lot
1 of the Southeast 1/4 of the Northeast 1/4, a distance of 954.91 feet to the pre-
sent northwesterly right-of-way line of U.S. Highway 61; thence south 38°00'39”
west on said northwesterly right-of-way line, 485.62 feet to the point of beginning,
containing 31.49 acres, more or less.
is hereby approved for annexation to the City of Dubuque.
Section 2. That subject to the acknowledgement by the Secretary of State that the legal
description, map, and resolution have been received, the corporate limits of the City of
Dubuque hereby be extended to include the 51.56 acres of property as shown on Exhibit
A.
Section 3. That the City Council does hereby certify that the City of Dubuque has com-
plied with the notice and hearing requirements of the Iowa Code pertaining to 100% vol-
untary annexation of territory not in urbanized area of another city.
Section 4. That the territory hereby annexed shall become a part of Ward One of the
City of Dubuque.
Section 5. That the City Clerk shall file this resolution, all exhibits and the applications
for voluntary annexation with the Secretary of State in accordance with the provisions of
Chapter 368 of the Iowa Code.
Passed, approved, and adopted this 1st day of November 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
2. River City Development Group LLC - Voluntary Annexation: Proof of publication on
notice of public hearing to consider City Council approval of a 100% voluntary annexation
request filed by River City Development Group, LLC for approximately 156.25 acres of
property, and City Manager recommended approval. Motion by Cavanagh to receive and
file the documents and adopt Resolution No. 385-21 Approving an application for volun-
tary annexation of territory to the City of Dubuque, Iowa. Seconded by Sprank. City Clerk
Breitfelder stated that she received written input from Jack McCullough of Tamarack
Property Owners Association, and Kevin Dragotto, 9900 Military Rd ., respectively. Ms.
Breitfelder stated that some of this input is about rezoning the property, which is action
the City Council may take on the property at a later date. Therefore, any rezoning input
will also be mentioned during any future City Council public hearings for rezoning the
23
property. Motion carried 7-0.
RESOLUTION NO. 385-21
APPROVING AN APPLICATION FOR VOLUNTARY ANNEXATION OF TERRITORY
TO THE CITY OF DUBUQUE, IOWA
Whereas, the City Council of Dubuque has received a written application from River
City Development Group, LLC for the voluntary annexation of 156.25 acres of property.
The property is located west of the Southwest Arterial and north of Tamarack Business
Park as shown on Exhibit A and legally described as:
Lot 2 of Wertzberger Acres No. 3, in Table Mound Township, Dubuque County,
Iowa, according to the recorded Plat thereof; and
The Southwest 1/4 of the Northeast 1/4, Lot 1 of the Northwest 1/4 of the North-
east 1/4, Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4, and Lot 2 of the
Southeast 1/4 of the Northeast 1/4, in Section 14, Township 88 North, Range 2
East of the 5th P.M., in Dubuque County, Iowa, according to United States Gov-
ernment Survey and the recorded Plats thereof, excepting therefrom that land ac-
quired for highway right of way by the Iowa Department of Transportation known
as Lot A of Lot 1 of the Northwest 1/4 of the Northeast 1/4 and of Lot 1 of Lot 1 of
the Northeast 1/4 of the Northeast 1/4 and of Lot 2 of the Southeast 1/4 of the
Northeast 1/4, all in Section 14, Township 88 North, Range 2 East of the 5th
P.M., County of Dubuque, State of Iowa, containing 11.95 acres and as shown
and described in the Warranty Deed filed as Instrument Number 2010 -00003964
in the Dubuque County Recorder’s Office, and excepting therefrom that land ac-
quired for highway right of way by the Iowa Department of Transportation known
as Lot B of Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4 and of Lot 2 of
the Southeast 1/4 of the Northeast 1/4, all in Section 14, Township 88 North,
Range 2 East of the 5th P.M., County of Dubuque, State of Iowa, containing 0.62
acres and as shown and described in the Warranty Deed filed as Instrument
Number 2011-00011776 in the Dubuque County Recorder’s Office
Whereas, the annexation territory is not subject to an existing annexation moratorium
agreement and does not include any railroad property; and
Whereas, the annexation territory does not include State owned property; and
Whereas, Chapter 368 of the Code of Iowa authorizes this annexation by adoption of
a resolution and required notification; and
Whereas, the annexation territory is consistent with the City’s Comprehensiv e Plan;
and
Whereas, the future growth and development of the City of Dubuque, Iowa makes it
desirable that the annexation territory be made part of the City of Dubuque, Iowa; and
Whereas, the City of Dubuque has the capacity to provide substantial municipal ser-
vices to the annexation territory; and
Whereas, the annexation is in the public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the application for the voluntary annexation of property owned by River
24
City Development Group, LLC consisting of 156.25 acres as shown on Exhibit A and
legally described as:
Lot 2 of Wertzberger Acres No. 3, in Table Mound Township, Dubuque County,
Iowa, according to the recorded Plat thereof; and
The Southwest 1/4 of the Northeast 1/4, Lot 1 of the Northwest 1/4 of the North-
east 1/4, Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4, and Lot 2 of the
Southeast 1/4 of the Northeast 1/4, in Section 14, Township 88 North, Range 2
East of the 5th P.M., in Dubuque County, Iowa, according to United States Gov-
ernment Survey and the recorded Plats thereof, excepting therefrom that land ac-
quired for highway right of way by the Iowa Department of Transportation known
as Lot A of Lot 1 of the Northwest 1/4 of the Northeast 1/4 and of Lot 1 of Lot 1 of
the Northeast 1/4 of the Northeast 1/4 and of Lot 2 of the Southeast 1/4 of the
Northeast 1/4, all in Section 14, Township 88 North, Range 2 East of the 5th
P.M., County of Dubuque, State of Iowa, containing 11.95 acres and as shown
and described in the Warranty Deed filed as Instrument Number 2010 -00003964
in the Dubuque County Recorder’s Office, and excepting therefrom that land ac-
quired for highway right of way by the Iowa Department of Transportation known
as Lot B of Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4 and of Lot 2 of
the Southeast 1/4 of the Northeast 1/4, all in Section 14, Township 88 North,
Range 2 East of the 5th P.M., County of Dubuque, State of Iowa, containing 0.62
acres and as shown and described in the Warranty Deed filed as Instrument
Number 2011-00011776 in the Dubuque County Recorder’s Office;
is hereby approved for annexation to the City of Dubuque.
Section 2. That subject to the acknowledgement by the Secretary of State that the legal
description, map, and resolution have been received, the corporate limits of the City of
Dubuque hereby be extended to include the 156.25 acres of property as shown on Exhibit
A.
Section 3. That the City Council does hereby certify that the City of Dubuque has com-
plied with the notice and hearing requirements of the Iowa Code pertaining to 100% vol-
untary annexation of territory not in urbanized area of another city.
Section 4. That the territory hereby annexed shall become a part of Ward One of the
City of Dubuque.
Section 5. That the City Clerk shall file this resolution, all exhibits and the applications
for voluntary annexation with the Secretary of State in accordance with the pro visions of
Chapter 368 of the Iowa Code.
Passed, approved, and adopted this 1st day of November 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
3. Second Amendment to Lease Agreement Between the City of Dubuque and Iowa
Greyhound Association: Proof of publication on notice of public hearing to consider City
Council approval of the Second Amendment to Lease Agreement between the City of
Dubuque and the Iowa Greyhound Association which modifies the end date of the lease
from December 31, 2025 to July 31, 2022, and City Manager recommended approval.
25
Motion by Jones to receive and file the documents and adopt Resolution No. 386 -21 Dis-
posing of an Interest in Real Estate by approving the Second Amendment to Lease Agree-
ment between the City of Dubuque, Iowa, and Iowa Greyhound Association. Seconded
by Cavanagh. Responding to a question from the City Council, City Manager Van Milligen
stated that the city’s Chaplain Schmitt Island Master Plan includes this property, thus
opportunities for re-development will be considered. Motion carried 7-0.
RESOLUTION NO. 386-21
DISPOSING OF AN INTEREST IN REAL ESTATE BY APPROVING THE SECOND
AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA,
AND IOWA GREYHOUND ASSOCIATION
Whereas, the City and the Iowa Greyhound Association are the parties to a Lease
Agreement dated November 17, 2014; and
Whereas, the City and the Iowa Greyhound Association entered into an Amendment
to Lease Agreement on September 4, 2018; and
Whereas, the parties by this amendment desire and intend to amend certain provi-
sions; and
Whereas, the parties now agree to amend the Lease Agreement as set forth in the
attached Second Amendment to Lease Agreement; and
Whereas, the City Council believes it is in the best interests of the City of Dubuque to
approve the Second Amendment to Lease Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE,
IOWA AS FOLLOWS:
Section 1. The Second Amendment to Lease Agreement between the City of Dubuque
and Iowa Greyhound Association attached hereto is approved.
Passed, approved, and adopted this 1st day of November 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
4. Resolution of Adoption for the Amended and Restated Urban Renewal Plan for the
Dubuque Industrial Center Economic Development District Urban Renewal Plan, Version
2021.6: Proof of publication on notice of public hearing to consider City Council approval
of the Joint Agreement between the City of Dubuque and Dubuque County and approval
of a Resolution of Adoption for the Amended and Restated Urban Renewal Plan for the
Dubuque Industrial Center Economic Development District ("District"), Version 2021.6,
and City Manager recommended approval. Motion by Roussell to receive and file the
documents and adopt Resolution No. 387-21 Approving the Amended and Restated Ur-
ban Renewal Plan, Version 2021.6, for the Dubuque Industrial Center Economic Devel-
opment District. Seconded by Farber. Motion carried 7 -0.
RESOLUTION NO. 387-21
APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN, VERSION
2021.6, FOR THE DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT
DISTRICT
Whereas, by Resolution 341-21 on October 4, 2021 the City Council of the City of
Dubuque, Iowa authorized the preparation of an Amended and Restated Urban Renewal
26
Plan (the “Amended and Restated Urban Renewal Plan” or “Plan”) for the Dubuque In-
dustrial Center Economic Development District (the "District"); and
Whereas, the Amended and Restated Urban Renewal Plan for the District, Version
2021.6, is on file in the City Clerk's Office; and
Whereas, the City Council’s primary objective for the Amended and Restated Urban
Renewal Plan for the District is to expand the District by adding Subarea P to provide
opportunities which will further economic development purposes and objectives as de-
scribed in the Plan; and
Whereas, because a portion of the property to be included in the District is outside the
corporate limits of the City of Dubuque, Iowa Code Section 403.17(4) requires a joint
agreement between the City and the County before the City can proceed with expansion
of the District; and
Whereas, the Board of Supervisors of Dubuque County, Iowa has reviewed the area
proposed to be added to the District and consents to, agrees, and authorizes the City to
proceed with the addition of the property to the District; and
Whereas, a consultation process has been undertaken with affected taxing entities in
accordance with Chapter 403 of the Code of Iowa and no written objections or recom-
mended changes to the Plan have been received; and
Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has
held a public hearing on the Amended and Restated Urban Renewal Plan after public
notice thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Mayor is hereby authorized and directed to execute the Joint Agree-
ment on behalf of the City of Dubuque and the City Clerk is authorized and directed to
attest to his signature.
Section 2. That the Amended and Restated Urban Renewal Plan for the Dubuque In-
dustrial Center Economic Development District, Version 2021.6, is hereby approved.
Section 3. That a feasible method exists for the location of any families who will be
displaced from the District, as amended, into decent, safe, and sanitary dwelling accom-
modations within their means and without undue hardship to such families; and that the
Amended and Restated Plan conforms to the general plan of the City as a whole. With
respect to any real property in the District acquired by the City in connection with the land
and projects included in the Plan, non-residential use is expected and with reference to
those portions thereof which are to be developed for non-residential uses, such non-res-
idential uses are necessary and appropriate to facilitate the proper growth and develop-
ment of the City in accordance with sound planning standards and local community ob-
jectives.
Section 4. That the District, as amended, continues to be an area for economic devel-
opment (commercial and industrial) within the meaning of Iowa Code Chapter 403; that
such area is eligible for designation as an urban renewal area and otherwise meets all
requisites under the provisions of Iowa Code Chapter 403; and that the rehabilitation,
conservation, redevelopment, development, or a combination thereof, of such area is
necessary in the interest of the public health, safety or welfare of the residents of this City.
Section 5. That, notwithstanding any resolution, ordinance, plan, amendment, or any
other document, the Amended and Restated Plan shall be in full force and effect from the
27
date of this Resolution until the Council amends or repeals the Plan.
Passed, approved, and adopted this 1st day of November 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
5. Chavenelle Road Hike Bike Trail Phase 2: Proof of publication on notice of public
hearing to consider City Council approval of the award of the Chavenelle Road Hike Bike
Trail Phase 2 Project contract to the low bidder, Midwest Concrete, Inc., in the amount of
$404,781.20, subject to Iowa DOT approval, and City Manager recommend ed approval.
Motion by Jones to receive and file the docu ments and adopt Resolution Nos. 388-21
Approval of plans, specifications, form of contract, and estimated cost for the Chavenelle
Road Hike-Bike Trail – Phase 2 Project Iowa DOT Project No. EDP-2100(696)— 7Y-31;
and 389-21 Awarding Public Improvement Contract for the Chavenelle Road Hike-Bike
Trail – Phase 2 Project Iowa DOT Project No. EDP-2100(696)—7Y-31. Seconded by
Sprank. Motion carried 7-0.
RESOLUTION NO. 388-21
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI-
MATED COST FOR THE CHAVENELLE ROAD HIKE-BIKE TRAIL – PHASE 2 PRO-
JECT IOWA DOT PROJECT NO. EDP-2100(696)—7Y-31
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the
Chavenelle Road Hike-Bike Trail – Phase 2 Project Iowa Dot Project No. EDP-
2100(696)—7Y-31, in the estimated amount $452,589.00, are hereby approved.
Passed, adopted, and approved this this 1st day of November 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
RESOLUTION NO. 389-21
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE CHAVENELLE ROAD
HIKE-BIKE TRAIL – PHASE 2 PROJECT IOWA DOT PROJECT NO. EDP-2100(696)—
7Y-31
Whereas, said sealed proposals were opened and read by the Iowa Departmen t of
Transportation on the 19th day of October 2021 and it has been determined that Midwest
Concrete, Inc. of Peosta, IA, with a bid in the amount of $404,781.20 is the lowest re-
sponsive, 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 Midwest Con-
crete, Inc., subject to the concurrence by Iowa Department of Transportation (Iowa DOT),
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 this 1st day of November 2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
28
ACTION ITEMS
1. Approval of 28E Agreement Between the City of Dubuque, Dubuque County Con-
servation Board, Iowa Department of Natural Resources, and the Friends of the Mines of
Spain: City Manager recommended City Council approval of the 28E Agreement between
the City of Dubuque, Dubuque County Conservation Board, Iowa Department of Natural
Resources, and the Friends of the Mines of Spain for the Mines of Spain Recreation Area
and E.B. Lyons Interpretive Center. Motion by Roussell to receive and file the documents
and approve the agreement. Seconded by Sprank. Motion carried 7-0.
2. Forgivable Loan Pilot Program to Incentivize Housing Creation in Central Avenue
Corridor: City Manager recommended approval of a pilot program using no more than
$200,000 of currently available funds in the Downtown Housing Creation CIP to incentiv-
ize the addition of quality affordable residential choices in the Central Avenue Corridor.
Motion by Sprank to receive and file the documents and approve the program. Seconded
by Resnick. City Council expressed support for the program and stated that emphasis is
needed in the Central Avenue Corridor. Motion carried 7 -0.
3. Amending a Tax Increment Ordinance for the Dubuque Industrial Center Economic
Development District, as Amended by Version 2021.6 of the Amended and Restated
Plan: City Manager recommended City Council adopt an ordinance amending the most
recent Ordinance for the Dubuque Industrial Center Economic Development District ("Dis-
trict") as the District’s boundaries were amended by Version 2021.6 of the Amended and
Restated Urban Renewal Plan. 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. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 37-21 Amending
Ordinance No. 32-21, previously amended, providing that general property taxes levied
and collected each year on all property located within the Amended and Restated Dubu-
que Industrial Center Economic Development District Urban Renewal Area of the City of
Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa,
City of Dubuque, County of Dubuque, Dubuque Community School District, and other
taxing districts, be paid to a special fund for payment of principal and interest on loans,
monies advanced to and indebtedness, including bonds issued or to be issued, incurred
by said city in connection with the Amended and Restated Dubuque Industrial Center
Economic Development District Urban Renewal Redevelopment Project by adding Sub-
area P to the division of revenues. Seconded by Cavanagh. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 37-21
AMENDING ORDINANCE NO. 32-21, PREVIOUSLY AMENDED, PROVIDING THAT
GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL
29
PROPERTY LOCATED WITHIN THE AMENDED AND RESTATED DUBUQUE INDUS-
TRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT URBAN RENEWAL AREA
OF THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, BY AND
FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF DUBUQUE, COUNTY OF
DUBUQUE, DUBUQUE COMMUNITY SCHOOL DISTRICT, AND OTHER TAXING DIS-
TRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTER-
EST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING
BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION
WITH THE AMENDED AND RESTATED DUBUQUE INDUSTRIAL CENTER ECO-
NOMIC DEVELOPMENT DISTRICT URBAN RENEWAL REDEVELOPMENT PRO-
JECT BY ADDING SUBAREA P TO THE DIVISION OF REVENUES
Whereas, the Amended and Restated Urban Renewal Plan for the Dubuque Industrial
Center Economic Development District (the “District”) described in Resolution No. 130 -
88 was adopted on May 2, 1988 and was thereafter amended and restated by Resolution
No. 484-90 on December 17, 1990, Resolution No. 142 -97 on April 7, 1997, Resolution
No. 478-97 on November 17, 1997, Resolution No. 15-08 on January 7, 2008, Resolution
No. 101-08 on March 17, 2008, Resolution No. 109-08 on April 7, 2008, Resolution No.
87-11 on March 7, 2011, Resolution No. 171-13 on June 3, 2013, Resolution No. 197-15
on June 1, 2015, Resolution No. 309 -15 on September 8, 2015, Resolution No. 132 -16
on September 19, 2016, Resolution No. 157 -18 and Resolution No. 158-18 on May 21,
2018, Resolution 380-18 on December 17, 2018, Resolution 125-21 and Resolution 126-
21 on April 19, 2021, Resolution 323-21 and Resolution 324-21 on September 20, 2021,
and Resolution 387-21 on November 1, 2021 (as amended and restated, the “Urban Re-
newal Plan” or “Amended and Restated Urban Renewal Plan”); and
Whereas, the City Council of the City of Dubuque, Iowa originally provided for the divi-
sion of taxes pursuant to Section 403.19 of the Code of Iowa within the District in Ordi-
nance No. 26-88 passed and approved on May 2, 1988 and thereafter amended and
restated by Ordinance No. 63-88 on December 5, 1988, by Ordinance No. 66-97 on No-
vember 17, 1997, by Ordinance No. 70-08 on October 20, 2008, by Ordinance No. 10-14
on February 3, 2014, by Ordinance No. 39 -15 on June 1, 2015, by Ordinance No. 55-15
on September 8, 2015, by Ordinance No. 49-16 on September 19, 2016, Ordinance 18-
18 on May 21, 2018, by Ordinance 45 -18 on December 17, 2018, by Ordinance 15-21
and Ordinance 16-21 on April 19, 2021, by Ordinance 22-21 on June 7, 2021, and by
Ordinance 31-21 and Ordinance 32-21 on September 20, 2021; and
Whereas, indebtedness has been incurred by the City, and additional indebtedness is
anticipated to be incurred in the future, to finance urban renewal project activities within
the District, and the continuing needs of redevelopment within the District are such as to
require the continued application of the incremental tax resources of the District; and
Whereas, the following enactment is necessary to accomplish the objectives described
in the premises.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
Ordinance Number 32-21 is hereby amended to read as follows:
Section 1: For purposes of this Ordinance, the following terms shall have the following
meanings:
30
(a) Original Project Area means that portion of the City of Dubuque, Iowa described
in the Urban Renewal Plan for the District approved by Resolution No. 130 -88 on May
2, 1988, and subsequently amended by Resolution No. 484-90 on December 17, 1990,
which Original Project Area includes the lots and parcels located within the area now
legally described as follows:
All of Dubuque Industrial Center Eighth Addition; and
All of Lot 1 Dubuque Industrial Center 13th Addition; and
Lot 2 Dubuque Industrial Center 13th Addition; and
Lot 1-2-2 Dubuque Industrial Center Fifth Addition; and
Lot 1 Dubuque Industrial Center Fifth Addition; and
Lot 1 Dubuque Industrial Center 11th Addition; and
Lot 1 of 2 of Dubuque Industrial Center Fifth Addition; and
Lot 1 of 2 of Dubuque Industrial Center Fifth Addition; and
Lot 1-3 Dubuque Industrial Center 12th Addition; and
Lot 1 of lot 3 of final plat of lot 1 of Dubuque Industrial Center First Addition; and
Lot 1 Dubuque Industrial Center 10th Addition; and
Lot 2-3 Dubuque Industrial Center 12th Addition; and
Lots 1 & 2 of final plat of lot 1 of Dubuque Industrial Center First Addition; and
Lot 1 Dubuque Industrial Center 12th Addition; and
Lot 2 Dubuque Industrial Center Ninth Addition; and
Lot 2 Dubuque Industrial Center 12th Addition; and
Lot 2-2 Dubuque Industrial Center Sixth Addition; and
Lot 3 Dubuque Industrial Center Ninth Addition; and
Lot 1 Dubuque Industrial Center Sixth Addition; and
Lot 2 of 2 Dubuque Industrial Center 7th Addition; and
Lot 2-1 Walter Addition; and
Lot 2-1 Walter Addition; and
And all adjoining public right-of-way, all in the City of Dubuque, Dubuque County,
Iowa.
The Original Project Area is referred to as "Subarea A" in the Urban Renewal
Plan hereinafter described.
(b) Subarea B has been removed from the division of revenues by Ordinance 22-21
on June 7, 2021.
(c) Subarea C means that portion of the City of Dubuque, Iowa described as Sub-
area C in the Amended and Restated Urban Renewal Plan for the District approved by
Resolution No. 324-21 on September 20, 2021, which Subarea C includes the lots and
parcels located within the area legally described as follows:
Lots 1 and 2 of Dubuque Industrial Center North Second Addition; and
Lots 2, 3, C and A of Dubuque Industrial Center North First Addition, excepting
that Part of said Lot A originally platted as Lot 2 of the SW ¼ of the NW ¼ of Sec.
30, T89N, R2E of the 5th PM; and
and any adjoining public street right-of-way, all in the City of Dubuque, Dubuque
County, Iowa, except those lots and parcels included in Subarea K and those lots
and parcels included in Subarea O.
(d) Subarea D means that portion of the City of Dubuque, Iowa described as Sub-
area D in the Amended and Restated Urban Renewal Plan for the District approved by
31
Resolution No. 109-08 on April 7, 2008, which Subarea D includes the lots and parcels
located within the area legally described as follows: Lots 1, 2, and B and all of the right
of way of Chavenelle Court in Dubuque Industrial Center West 8th Addition in the City
of Dubuque, Dubuque County, Iowa.
(e) Subarea E means that portion of the City of Dubuq ue, Iowa described as Sub-
area E in the Amended and Restated Urban Renewal Plan for the District approved by
Resolution No. 87-11 on March 7, 2011, which Subarea E includes the lots and parcels
located within the area legally described as follows:
All of Lot 1 of 1 and Lot 1 of 2 of the South Fork Subdivision No. 1 as originally
platted, including any adjoining public street right-of-way to said lots, all in the
City of Dubuque, Dubuque County, Iowa, and;
All of Seippel Road right of way from the north boundary line of Lot 1 of 1 of South
Fork Subdivision No. 1 in the City of Dubuque, to the south boundary lines of Lot
H of Dubuque Industrial Center West and Lot 1 of Dubuque Industrial Center
West 2nd Addition in the City of Dubuque, Dubuque County, Iowa, inc luding
crossings at the intersections of Old Highway Road and Chicago Central & Pacific
Railroad rights-of-way.
(f) Subarea F means that portion of the City of Dubuque, Iowa, and Dubuque County
described as Subarea F in the Amended and Restated Urban Renew al Plan for the
District approved by Resolution No. 197-15 on June 1, 2015, which Subarea F includes
the lots and parcels located within the area legally described as follows: Lot one (1) of
Graf Farm Subdivision #2, Dubuque County, Iowa, according to the recorded plat
thereof; Lot 1 of Lot 1 of Lot 1 of Lot 1 of West One -half of Northeast One-quarter,
Section 25, Township 89 North, Range 1 East of the 5th Principal Meridian, in Center
Township, Dubuque County, Iowa; Lot 2 in “W.A. Norman Place" in Section 25, Center
Township, Dubuque County, Iowa, according to the plat thereof; and The NW 1/4 of
the SE 1/4 of Section 25, Township 89 North, Range 1 East of the 5th P.M., in Center
Township, Dubuque County, Iowa.
(g) Subarea G means that portion of the City of Dubuque, Iowa, and Dubuque
County described as Subarea G in the Amended and Restated Urban Renewal Plan
for the District approved by Resolution No. 309-15 on September 8, 2015, which Sub-
area G includes the lots and parcels located within the area legally described as fol-
lows: The South one-half of the Northwest Quarter of Section 29, Township 89 North,
Range 2 East of the 5th Principal Meridian, in the City of Dubuque, Iowa. Lot 1 of Lot
1 of the Northwest Quarter of the Northwest Quarter of Section 29, Township 89 North,
Range 2 East of the 5th Principal Meridian, in the City of Dubuque, Iowa. Lot 2 of
McFadden Farm Place #2, in the City of Dubuque, Iowa. Lot 2 of McFadden Farm
Place, in the City of Dubuque, Iowa. Lot A of Lot 1 of 1 of the Southwest Quarter of the
Southwest Quarter of Section 29, Township 89 North, Range 2 East of the 5th Principal
Meridian, in the City of Dubuque, Iowa. Lot A of Lot 1 of 1 of the Northwest Quarter of
the Southwest Quarter of Section 29, Township 89 North, Range 2 East of the 5th
Principal Meridian, in the City of Dubuque, Iowa. All in the City of Dubuque, Dubuque
County, Iowa.
(h) Subarea H means that portion of the City of Dubuque, Iowa, and Dubuque
County described as Subarea H in the Amended and Restated Urban Renewal P lan
for the District approved by Resolution No. 332 -16 on September 19, 2016, which
32
Subarea H includes the lots and parcels located within the area legally described as
follows: Lot 1 of the Northeast ¼ of the Northeast ¼, and Lot 2 of Lot 1 of Lot 1 of Lo t
2 of the Northeast ¼ of the Northeast ¼, of Section 30, in Township 89 North, Range
2 East of the 5th Principal Meridian, in the City of Dubuque, Iowa.
(i) Subarea I means that portion of the City of Dubuque, Iowa, and Dubuque County
described as Subarea I in the Amended and Restated Urban Renewal Plan for the
District approved by Resolution No. 332-16 on September 19, 2016, which Subarea I
includes the lots and parcels located within the area legally described as follows: Lot 2
Seippel Road Place #2, Dubuque County, Iowa. Lot 2-1-1 of the Southeast Quarter of
the Southeast Quarter of Section 25, Township 89 North, Range 2 East of the 5th
Principal Meridian, Dubuque County, Iowa
(j) Subarea J means that portion of the City of Dubuque, Iowa, and Dubuque County
described as Subarea J in the Amended and Restated Urban Renewal Plan for the
District approved by Resolution No. 332-16 on September 19, 2016, which Subarea J
includes the lots and parcels located within the area legally described as follows:
Lot 2 Julien Care Place, Dubuque County, Iowa
Lot 3 Julien Care Place, Dubuque County, Iowa
Lot 2-1 Julien Care Place, Dubuque County, Iowa
(k) Subarea K means that portion of the City of Dubuque, Iowa, removed from Sub-
area C of the District by Version 2018.1 of the Amended and Restated Plan for the
District approved by Resolution No. 157-18, and added to the District by Version
2018.2 of the Amended and Restated Plan for the District approved by Resolution No.
158-18 as Subarea K, all on May 21, 2018, which Subarea K includes the lots and
parcels located within the area legally described as follows: Lot 1 of Dubuque Industrial
Center North Third Addition, in the City of Dubuque, Iowa.
(l) Subarea L means that portion of the City of Dubuque, Iowa described as Subarea
L in the Amended and Restated Urban Renewal Plan for the District approved by Res-
olution 380-18 on December 17, 2018, which Subarea L includes the lots and parcels
located within the area legally described as follows: Lot 1 of Loretta Bahl’s Homestead,
in the City of Dubuque, Iowa, comprised of Lot 1 of the West 30 Acres of the Southwest
¼ of the Southeast ¼, Section 19, Township 89 North, Range 2 East of the 5th P.M.
all in the City of Dubuque, Dubuque County, Iowa.
(m) Subarea M means that portion of the City of Dubuque, Iowa described as Sub-
area M in the Amended and Restated Urban Renewal Plan for the District approved
by Resolution 380-18 on December 17, 2018, which Subarea M includes the lots and
parcels located within the area legally described as follows: Lot 2 of the Subdivision of
Lot 2 of the Northeast ¼ of the Northeast ¼ of Section 30, Township 89 North, Range
2 East of the 5th P.M. all in the City of Dubuque, Dubuque County, Iowa.
(n) Subarea N means that portion of the City of Dubuque, Iowa described as Sub-
area N in the Amended and Restated Urban Renewal Plan for the District approved by
Resolution 126-21 on April 19, 2021, which Subarea N includes the lots and parcels
located within the area legally described as follows: Lot 1 of Dubuque Industrial Center
North First Addition, in the City of Dubuque, Iowa; and All of the street right of way of
Innovation Drive adjacent to Lot 1 of Dubuque Industrial Center North First Addition, in
the City of Dubuque, Iowa. All in the City of Dubuque, Iowa
(o) Subarea O means that portion of the City of Dubuque, Iowa removed from Subarea
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C and now described as Subarea O in the Amended and Restated Urban Renewal Plan
for the District approved by Resolution 324-21 on September 20, 2021, which Subarea O
includes the lots and parcels located within the area legally described as follows: Lot 2 of
Dubuque Industrial Center North Third Addition, in the City of Dubuque, Iowa; and A Part
of Lot C in Dubuque Industrial Center North First Addition in the City of Dubuque, Iowa,
being more particularly described as follows: Commencing at the northwest corner of Lot
1 in Dubuque Industrial Center North Second Addition in the City of Dubuque, Iowa;
Thence North 87 degrees 35 minutes 13 seconds East along the north line of said Lot 1,
65.47 feet to the Point of Beginning; Thence North 87 degrees 35 minutes 13 seconds
East continuing along said north line of Lot 1, 467.29 feet; Thence South 82 degrees 04
minutes 06 seconds East continuing along said north line of Lot 1, 21 2.63 feet; Thence
North 19 degrees 12 minutes 36 seconds East, 433.37 feet, to a point on the easterly line
of Lot 2 in Dubuque Industrial Center North Third Addition in the City of Dubuque, Iowa;
Thence North 90 degrees 00 minutes 00 seconds West, 231.12 feet; Thence North 60
degrees 11 minutes 47 seconds West, 280.07 feet; Thence North 51 degrees 38 minutes
25 seconds West, 318.12 feet; Thence South 57 degrees 28 minutes 14 seconds West,
86.87 feet; Thence South 18 degrees 59 minutes 51 seconds East, 140.84 feet; Thence
South 51 degrees 57 minutes 52 seconds East, 101.08 feet; Thence South 01 degree 57
minutes 06 seconds East, 108.09 feet; Thence South 33 degrees 59 minutes 54 seconds
East, 90.10 feet; Thence South 44 degrees 57 minutes 34 seconds East, 13 0.53 feet;
Thence South 12 degrees 19 minutes 12 seconds West, 171.97 feet; Thence South 87
degrees 35 minutes 13 seconds West, 260.33 feet; Thence South 02 degrees 35 minutes
19 seconds East, 40.00 feet, to the Point of Beginning, said part of Lot C conta ins 6.59
acres, more or less. All in the City of Dubuque, Iowa
(p) Subarea P means that portion of Dubuque County and the City of Dubuque, Iowa
described as Subarea P in the Amended and Restated Urban Renewal Plan for the Dis-
trict approved by Resolution 387-21 on November 1, 2021, which Subarea P includes the
lots and parcels located within the area legally described as follows: Lot 2 of Wertzberger
Acres No. 3, in Table Mound Township, Dubuque County, Iowa, according to the recorded
Plat thereof; and The Southwest 1/4 of the Northeast 1/4, Lot 1 of the Northwest 1/4 of
the Northeast 1/4, Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4, and Lot 2 of
the Southeast 1/4 of the Northeast 1/4, in Section 14, Township 88 North, Range 2 East
of the 5th P.M., in Dubuque County, Iowa, according to United States Government Survey
and the recorded Plats thereof, excepting therefrom that land acquired for highway right
of way by the Iowa Department of Transportation known as Lot A of Lot 1 of the Northwest
1/4 of the Northeast 1/4 and of Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4
and of Lot 2 of the Southeast 1/4 of the Northeast 1/4, all in Section 14, Township 88
North, Range 2 East of the 5th P.M., County of Dubuque, State of Iowa, containing 11.95
acres and as shown and described in the Warranty Deed filed as Instrument Number
2010-00003964 in the Dubuque County Recorder’s Office, and excepting therefrom that
land acquired for highway right of way by the Iowa Department of Transportation known
as Lot B of Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4 and of Lot 2 of the
Southeast 1/4 of the Northeast 1/4, all in Section 14, Township 88 North, Range 2 East
of the 5th P.M., County of Dubuque, State of Iowa, containing 0.62 acres and as sh own
and described in the Warranty Deed filed as Instrument Number 2011 -00011776 in the
Dubuque County Recorder’s Office; and All that land acquired for highway right of way by
34
the Iowa Department of Transportation known as Lot A of Lot 1 of the Northwest 1 /4 of
the Northeast 1/4 and of Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4 and of
Lot 2 of the Southeast 1/4 of the Northeast 1/4, all in Section 14, Township 88 North,
Range 2 East of the 5th P.M., County of Dubuque, State of Iowa, containing 11.95 acres
and as shown and described in the warranty deed filed as instrument number 2010 -
00003964 in the Dubuque County Recorder’s Office, and All that land acquired for high-
way right of way by the Iowa Department of Transportation known as Lot B of Lo t 1 of Lot
1 of the Northeast 1/4 of the Northeast 1/4 and of Lot 2 of the Southeast 1/4 of the North-
east 1/4, all in Section 14, Township 88 North, Range 2 East of the 5th P.M., County of
Dubuque, State of Iowa, containing 0.62 acres and as shown and desc ribed in the war-
ranty deed filed as instrument number 2011-00011776 in the Dubuque County Recorder’s
Office; and All that land acquired for highway right of way by the Iowa Department of
Transportation known as Lot A of Lot 2 of the Southwest 1/4 of the No rthwest 1/4, all in
Section 13, Township 88 North, Range 2 East of the 5th P.M., County of Dubuque, State
of Iowa, containing 7.50 acres and as shown and described in the warranty deed filed as
instrument number 2010-00007163 in the Dubuque County Recorder’s Office; and A part
of that land acquired for highway right of way by the Iowa Department of Transportation
known as Lot A of Lot 2 of 3 of Archdiocese Place No. 2 at Key West in Section 11,
Township 88 North, Range 2 East of the 5th P.M., County of Dubuque and of Lot 2 of the
Northwest 1/4 of the Northeast 1/4 and of Lot 2 of 1 of the Northeast 1/4 of the Northeast
1/4 and of Lot 1 of the Southeast Quarter of the Northeast Quarter, all in Section 14,
Township 88 North, Range 2 East of the 5th P.M., County of Dubuque, State of Iowa,
containing 51.12 acres and as shown and described in the warranty deed filed as instru-
ment number 2011-00018392 in the Dubuque County Recorder’s Office, more particularly
described as follows: Commencing at the east 1/4 corner of said section 14; thence south
87° (degrees) 30' (minutes) 08" (seconds) west (assumed bearing for the purpose of this
description) on the south line of the northeast 1/4 of said section 14, a distance of 316.67
feet to the southeast corner of said lot 1 of the southeast 1/4 of the northeast 1/4 which
is on the present northwesterly right-of-way line of U.S. highway 61, being the point of
beginning of the area herein described; thence continuing south 87°30'08" west on said
south line, also being the south line of said lot 1 of the southeast 1/4 of the northeast 1/4,
a distance of 744.37 feet to the west line of said lot 1 of the southeast 1/4 of the northeast
1/4; thence north 01°46'59" west on said west line, 365.46 feet; thence north 02°36'29"
west on said west line, 258.32 feet to the northwesterly line of said lot 1 of the southeast
1/4 of the northeast 1/4; thence north 15°33'01" east on said northwesterly line, 189.90
feet; thence north 20°16'31" east on said northwesterly line, 100.25 feet; thence n orth
31°16'30" east on said northwesterly line, 371.74 feet; thence north 51°35'55" east on
said northwesterly line, 46.89 feet; thence north 26°34'03" east on said northwesterly line,
112.65 feet to the northwest corner of said lot 1 of the southeast 1/4 of the northeast 1/4,
also being the southwest corner of said lot 2 of 1 of the northeast 1/4 of the northeast 1/4;
thence north 35°25'51" east on the westerly and southwesterly line of said lot 2 of 1 of
the northeast 1/4 of the northeast 1/4, a distance of 200.90 feet; thence north 01°11'53"
west on said westerly and southwesterly line, 284.09 feet; thence north 51°36'20" west
on said westerly and southwesterly line, 173.35 feet; thence south 73°41'30" east a dis-
tance of 115.82 feet; thence south 48°36'34 " east on the northeasterly line of said lot 2 of
1 of the northeast 1/4 of the northeast 1/4, 759.07 feet to the southeast corner of said lot
35
2 of 1 of the northeast 1/4 of the northeast 1/4, also being the northeast corner of said lot
1 of the southeast 1/4 of the northeast 1/4; thence south 02°41'19" east on the easterly
line of said lot 1 of the southeast 1/4 of the northeast 1/4, a distance of 954.91 feet to the
present northwesterly right-of-way line of U.S. highway 61; thence south 38°00'39” west
on said northwesterly right-of-way line, 485.62 feet to the point of beginning, containing
31.49 acres, more or less; and An 80-foot-wide strip of land in the Southeast Half of Sec-
tion 31, Township 89 North, Range 2 East, The Southwest Quarter of Section 32, Town-
ship 89 North, Range 2 East, the North Half of Section 5, Township 88 North, Range 2
East, the Northwest, Northeast, and Southeast Quarters of Section 4, Township 88 North,
Range 2 East, the South Half of Section 3, Township 88 North, Range 2 East, the South-
west Quarter of Section 2, Township 88 North, Range 2 East, the Northwest, Northeast,
and Southeast Quarters of Section 11, Township 88 North, Range 2 East, and the North-
east Quarter of Section 14, Township 88 North, Range 2 East, of the Fifth Princi pal Me-
ridian, centered on the following described line: Commencing at the Southeast Corner of
Lot B, Dubuque Industrial Center South First Addition, in the City of Dubuque, Dubuque
County, Iowa (Record Doc. #2014-1397), at the Northerly Right-of-Way of Seippel Road;
thence South 35°44’18” East (Record North 35°52’10” West) along the East Line of said
First Addition, 11.13 feet; thence South 10°51’45” East, 40.00 feet to the centerline of
Seippel Road, the Point of Beginning; thence North 79°08’15” East alon g said centerline,
1004.09 feet; thence Easterly along the centerline of U. S. Highway 52 and the extension
thereof an arc length of 880.50 feet along a 1,200.00 foot radius curve being concave
southerly, having a long chord of South 79°50’32” East, 860.88 feet; thence South
58°49’18” East along said centerline of U. S. Highway 52, 2,489.33 feet; thence South-
easterly along said centerline of U. S. Highway 52 an arc length of 3,363.36 feet along a
12,000.00 foot radius curve being concave Northeasterly, having a long chord of South
66°51’04” East, 3,352.36 feet; thence South 74°52’50” East along said centerline of U. S.
Highway 52, 1318.07 feet; thence Southeasterly along said centerline of U. S. Highway
52 an arc length of 1,569.39 feet along a 12,000.00 foo t radius curve being concave
Southwesterly, having a long chord of South 71°08’02” East, 1,568.27 feet; thence South
67°23’15” East along said centerline of U. S. Highway 52, 1093.39 feet; thence South-
easterly along said centerline of U. S. Highway 52 an a rc length of 1,414.18 feet along a
23,000.00 foot radius curve being concave Southwesterly, having a long chord of South
65°37’33” East, 1,413.95 feet; thence South 63°51’52” East along said centerline of U. S.
Highway 52, 947.44 feet; thence Southeasterly along said centerline of U. S. Highway 52
an arc length of 1,134.73 feet along a 8,000.00 foot radius curve being concave North-
easterly, having a long chord of South 67°55’41” East, 1,133.78 feet; thence South
71°59’29” East along said centerline of U. S. Highway 52, 3,507.89 feet; thence South-
easterly along said centerline of U. S. Highway 52 an arc length of 7,787.63 feet along a
7,500.00 foot radius curve being concave Southwesterly, having a long chord of South
42°14’42” East, 7,442.46 feet; thence South 12°29’54” East along said centerline of U. S.
Highway 52, 750.54 feet; thence Southeasterly along said centerline of U. S. Highway 52
an arc length of 449.54 feet along a 4,000.00foot radius curve being concave Northeast-
erly, having a long chord of South 15°43’05” East, 449.31 feet, to the End Point, the side-
lines of said 80-foot-wide strip of land are to be shortened or lengthened to the intersec-
tion of the easterly line of Dubuque Industrial Center South First Addition, in the City of
Dubuque, Dubuque County, Iowa as recorded in Doc. #2014 -1397 and the intersection
36
of the northerly line of Lot 1 and Lot 1 of 1 as recorded in Doc. #2010-3964.
(q) Amended Project Area means that portion of the City of Dubuque, Iowa and Dubu-
que County included within the Original Project Area, Subarea C, Subarea D, Subarea E,
Subarea F, Subarea G, Subarea H, Subarea I, Subarea J, Subarea K, Subarea L, Sub-
area M, Subarea N, Subarea O, and Subarea P each as described in this Section.
Section 2: The taxes levied on the taxable property in the Amended Project Area, and
each subarea thereof, legally described in Section 1 hereof, by and for the benefit of the
State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District,
and all other taxing districts from and after the effective date of this Ordinance shall be
divided as hereinafter in this Ordinance provided.
Section 3: As to the Original Project Area, that portion of the taxes which would be
produced by the rate at which the tax is levied each year by or for each of the taxing
districts taxing property in the Original Project Area upon the total sum of the assessed
value of the taxable property in the Original Project Area as shown on the assessment
roll as of January 1, 1987, being the first day of the calendar year preceding the effective
date of Ordinance No. 26-88, shall be allocated to and when collected be paid into the
fund for the respective taxing district as taxes by or for said taxing district into which all
other property taxes are paid. The ta xes so determined shall be referred herein as the
"base period taxes" for such Subarea.
As to Subarea B, Subarea B has been removed from the division of revenues by
Ordinance 22-21. Subarea B will remain within the District.
As to Subarea C (except the lots and parcels now forming Subarea K and those
lots and parcels removed by Amended and Restated Urban Renewal Plan Version
2021.4 now forming Subarea O), base period taxes shall be computed in the same
manner using the total assessed value shown on the assessment roll as of January 1,
2007, being the assessment roll applicable to property in such subarea as of January
1 of the calendar year preceding the effective date of Ordinance No. 70 -08, and base
values shall be reduced due to the removal of area from Subarea C.
As to Subarea D, base period taxes shall be computed in the same manner using
the total assessed value shown on the assessment roll as of January 1, 2007, being
the assessment roll applicable to property in such subarea as of January 1 of the cal-
endar year preceding the effective date of Ordinance No. 70-08.
As to Subarea E, base period taxes shall be computed in the same manner using
the total assessed value shown on the assessment roll as of January 1, 2013, being
the assessment roll applicable to property in such subarea as of January 1 of the cal-
endar year preceding the effective date of Ordinance No. 10-14.
As to Subarea F, base period taxes shall be computed in the same manner using
the total assessed value shown on the assessment roll as of January 1, 2014, being
the assessment roll applicable to property in such subarea as of January 1 of the cal-
endar year preceding the effective date of Ordinance No. 39-15.
As to Subarea G, base period taxes shall be computed in the same manner using
the total assessed value shown on the assessment roll as of January 1, 2014, being
the assessment roll applicable to property in such subarea as of January 1 of the cal-
endar year preceding the effective date of Ordinance No. 55-15.
As to Subarea H, base period taxes shall be computed in the same manner using
the total assessed value shown on the assessment roll as of January 1, 2015, being
37
the assessment roll applicable to property in such subarea as of January 1 of the cal-
endar year preceding the effective date of Ordinance No. 49-16.
As to Subarea I, base period taxes shall be computed in the same manner using
the total assessed value shown on the assessment roll as of January 1, 2015, being
the assessment roll applicable to property in such subarea as of Januar y 1 of the cal-
endar year preceding the effective date of Ordinance No. 49-16.
As to Subarea J, base period taxes shall be computed in the same manner using
the total assessed value shown on the assessment roll as of January 1, 2015, being
the assessment roll applicable to property in such subarea as of January 1 of the cal-
endar year preceding the effective date of Ordinance No. 49-16.
As to Subarea K, base period taxes shall be computed in the same manner using
the total assessed value shown on the assessment roll as of January 1, 2017, being
the assessment roll applicable to property in such subarea as of January 1 of the cal-
endar year preceding the effective date of Ordinance No. 18-18.
As to Subarea L, base period taxes shall be computed in the same manne r using
the total assessed value shown on the assessment roll as of January 1, 2017, being
the assessment roll applicable to property in such subarea as of January 1 of the cal-
endar year preceding the effective date of Ordinance No. 45-18.
As to Subarea M, base period taxes shall be computed in the same manner using
the total assessed value shown on the assessment roll as of January 1, 2017, being
the assessment roll applicable to property in such subarea as of January 1 of the cal-
endar year preceding the effective date of Ordinance No. 45-18.
As to Subarea N, base period taxes shall be computed in the same manner using
the total assessed value shown on the assessment roll as of January 1, 2020, being
the assessment roll applicable to property in such subarea as of January 1 of preceding
the effective date of Ordinance No. 16-21.
As to Subarea O, base period taxes shall be computed in the same manner using
the total assessed value shown on the assessment roll as of January 1, 2020, being
the assessment roll applicable to property in such subarea as of January 1 of preceding
the effective date of Ordinance 32-21.
As to Subarea P, base period taxes shall be computed in the same manner using
the total assessed value shown on the assessment roll as of January 1, 2021, being
the assessment roll applicable to property in such subarea as of January 1 preceding
the effective date of this Ordinance 37-21.
Section 4: That portion of the taxes each year in excess of the base period taxes for
the Amended Project Area, determined for each sub-area thereof as provided in Section
3 of this Ordinance, shall be allocated to and when collected be paid into the special tax
increment fund previously established by the City of Dubuque to pay the principal of and
interest on loans, monies advanced to, or indebtedness, whether funded, refunded, as-
sumed or otherwise, including bonds issued under authority of Section 403.9 or Section
403.12 of the Code of Iowa, incurred by the City of Dubuque, Iowa to finance or refinance,
in whole or in part, urban renewal projects undertaken within the District pursuant to the
Urban Renewal Plan, except that taxes for the regular and voter-approved physical plant
and equipment levy of a school district imposed pursuant to Section 298.2 of th e Code of
Iowa and taxes for the instructional support program of a school district imposed pursuant
to Section 257.19 (but in each case only to the extent required under Section 403.19(2)),
38
taxes for the payment of bonds and interest of each taxing distri ct, and taxes imposed
under Section 346.77 (22) related to joint county-city buildings, shall be collected against
all taxable property within the Amended Project Area without any limitation as here-
inabove provided.
Section 5: Unless or until the total assessed valuation of the taxable property in the
subareas of the Amended Project Area exceeds the total assessed value of the taxable
property in said subareas shown by the assessment rolls referred to in Section 3 of this
Ordinance, all of the taxes levied and collected upon the taxable property in the Amended
Project Area shall be paid into the funds for the respective taxing districts as taxes by or
for the taxing districts in the same manner as all other property taxes.
Section 6: At such time as the loa ns, monies advanced, bonds and interest thereon
and indebtedness of the City of Dubuque referred to in Section 4 hereof have been paid,
all monies thereafter received from taxes upon the taxable property in the Amended Pro-
ject Area shall be paid into the funds for the respective taxing districts in the same manner
as taxes on all other property.
Section 7: All ordinances or parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall
be construed so as to continue the division of taxes from taxable property in the Amended
Project Area under the provisions of Section 403.19 of the Code of Iowa, as authorized
in this Ordinance No. 37-21. In the event that any provision of this Ordinance shall be
determined to be contrary to law it shall not affect other provisions or application of this
Ordinance which shall at all times be construed to fully invoke the provisions of Section
403.19 of the Code of Iowa with reference to the Amended Project Area and the subareas
contained therein.
Section 8: This Ordinance shall be in effect after its final passage, approval and publi-
cation as provided by law.
Passed and approved this 1st day of November 2021.
/s/Roy D. Buol, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on the 5th day of November 2021.
/s/Adrienne N. Breitfelder, City Clerk
4. Housing Commission Recommendation to Hold Quarterly Meetings : City Manager
recommended City Council approval to move Housing Commission meeting frequency
from monthly to quarterly, beginning with the October 2021 meeting. Motion by Jones to
receive and file the documents and that the requirement that a proposed ord inance 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 Resnick. Motion carried 7 -0.
Motion by Jones for final consideration and passage of Ordinance No. 38-21 Amending
City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 5 Hous-
ing Agency and Community Development Commissions, Article B Housing Commissions,
Section 2-5B-10 Meetings. Seconded by Resnick. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 38-21
39
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND
COMMISSIONS, CHAPTER 5 HOUSING AGENCY AND COMMUNITY DEVELOP-
MENT COMMISSIONS, ARTICLE B HOUSING COMMISSIONS, SECTION 2-5B-10
MEETINGS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 2-5B-10 of the City of Dubuque Code of Ordinances is amended to
read as follows:
2-5B-10: MEETINGS:
A. Regular Meetings: The commission must meet quarterly.
B. Special Meetings: Special meetings may be called by the chairperson or at the
written request of a majority of the commissioners.
C. Open Meetings: All meetings must be called and held in conformance with the
Iowa open meetings law.
D. Attendance:
1. In the event a commissioner has been absent for three (3) or more consecutive
meetings of the commission, without being excused by the chairperson, such absence
will be grounds for the commission to recommend to the city council that the position
be declared vacant and a replacement appointed.
2. Attendance must be entered upon the minutes of all meetings.
E. Minutes: A copy of the minutes of all regular and special meetings of the com-
mission must be filed with the city council within ten (10) working days after each meet-
ing, or by the next regularly scheduled city council meeting, whichever is later.
F. Quorum: Six (6) commissioners constitute a quorum for the transaction of busi-
ness. The affirmative vote of a majority of the commissioners present and voting is
necessary for the adoption of any motion or resolution.
Section 2. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 1st day of November 2021.
/s/Roy D. Buol, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on the 5th day of November 2021.
/s/Adrienne N. Breitfelder, City Clerk
5. Proposed Amendment to Master Agreement for Shared Use Projects between the
City of Dubuque and Comelec Internet Services: City Manager recommended approval
of an Amendment to the Master Agreement for Shared Use Projects with Comelec Inter-
net Services for a conduit collaboration to expand fiber services to the growing commer-
cial and residential areas on and near Cedar Cross Road and facilitate fiber to the home
extensions. Motion by Cavanagh to receive and file the documents and approve the
agreement. Seconded by Roussell. Motion carried 7 -0.
6. Eagle Point Water Treatment Plant Process and Condition Assessment Project 2021
- Request for Execution of Professional Engineering Contract: City Manager recom-
mended approval of the selection of Strand Associates to complete the professional en-
gineering services for the Eagle Point Water Treatment Plant Process and Condition As-
sessment Project 2021 in the amount of $187,093. Motion by Farber to receive and file
40
the documents and approve the selection. Seconded by Jones. Responding to a question
from the City Council, Water Department Manager Christopher Lester stated that the de-
partment will utilize leftover funds saved from the JFK Water Main Project to cover the
higher-than-expected cost for this project. Motion carried 7-0.
7. City-Wide Water Distribution System, Storage and Pumping Improvements Project
2021- Award of Professional Engineering Contract: City Manager requested authorization
to enter a contract for professional engineering services with Origin Design of Dubuque,
Iowa for the City-Wide Water Distribution System, Storage and Pumping Improvements
Project 2021 in the amount of $793,800. Motion by Resnick to receive and file the docu-
ments and approve authorization to enter the contract. Seconded by Sprank. Motion car-
ried 7-0.
8. East-West Corridor Capacity Improvements: Recommendation for Professional
Consultant Services - Preliminary Engineering Design and Environmental Clearance
Phase: City Manager recommended approval of the selection of HDR, Inc. as the con-
sultant to complete the Preliminary Engineering Design and Environmental Clearance
Phase to advance the development of East-West Corridor Capacity Improvements along
University Avenue at the intersections at Loras Boulevard, Asbury Road, and Pennsylva-
nia Avenue, and request authorization for the City Engineer to initiate contract negotia-
tions. Motion by Jones to receive and file the documents and approve the selection of
HDR, Inc. Seconded by Cavanagh. Responding to questions from the City Council, As-
sistant City Engineer Bob Schiesl stated that the project is expected to take at least two
years due to property acquisitions and working with impacted businesses to relocate. Mr.
Schiesl stated that public engagement is a key factor of this project, and that the depart-
ment is willing to meet with individual property owners. Motion carried 7-0.
9. Excellence on the Waterfront Honor Award for the Bee Branch Creek Restoration
Project: City Manager transmitted that the City of Dubuque received a 2021 Excellence
on the Waterfront Honor Award from The Waterfront Center for the Bee Branch Creek
Restoration Project. Motion by Roussell to receive and file the information. Seconded by
Sprank. Civil Engineer Deron Muehring briefly spoke about the recognition. Motion carried
7-0.
10. Sustainable Dubuque Public Information Brochure : City Manager provided a copy
of the Sustainable Dubuque public information brochure. Motion by Cavanagh to receive
and file the information. Seconded by Sprank. Motion carried 7 -0.
COUNCIL MEMBER REPORTS
Mayor Buol stated that the City/School Election was taking place on November 2, 2021
and encouraged residents to vote.
Council Member Resnick reported on attending the 40 th anniversary banquet of the All-
Dubuque Croquet Association (ADCA), founded by Norm Freund. Mr. Resnick stated that
Dubuque has may unique organizations like ADCA.
41
There being no further business, Mayor Buol declared the meeting adjourned at 8:27
p.m.
/s/Adrienne N. Breitfelder, City Clerk