07 05 22 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special session at 5:30 p.m. on July 5, 2022, in the second-
floor Council Chambers of the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Cavanagh; Council Members Farber, Jones, Resnick, Roussell, Sprank,
Wethal; City Manager Van Milligen (participated virtually), City Attorney Brumwell.
Mayor Cavanagh read the call and stated this is a special session of the City Council called
for the purpose of conducting a work session on Sustainable Dubuque.
WORK SESSION
SUSTAINABLE DUBUQUE QUARTERLY UPDATE
Sustainability Coordinator Gina Bell made a presentation and led the City Council in an
activity. Julia Stierman and Grace Kann, Interns for the Sustainability Office, also presented.
Ms. Bell responded to questions from the City Council following the presentation.
There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:19
p.m.
/s/Adrienne N. Breitfelder, City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on July 5, 2022, in the second-
floor Council Chambers of the Historic Federal Building, 350 W. 6 th Street.
Present: Mayor Cavanagh; Council Members Farber, Jones, Resnick, Roussell, Sprank,
Wethal; City Manager Van Milligen (participated virtually), City Attorney Brumwell.
Mayor Cavanagh read the call and stated this is a regular session of the City Council called
for the purpose of conducting such business that may properly come before the City Council.
PLEDGE OF ALLEGIANCE
PRESENTATION(S)
1. COVID-19 Update: Public Health Specialist Mary Rose Corrigan provided an update on
the COVID-19 pandemic and response activities.
2. American Heart Association's 2022 Mission: Lifeline EMS Gold Plus Award Recognition:
Fire Chief Amy Scheller and EMS Supervisor Sam Janecke recognized the Fire Department for
receiving the American Heart Association's 2022 Mission: Lifeline EMS Gold Plus Award.
3. Young Southeast Asian Leaders Initiative Professional Fellows Program (YSEALI PFP):
Assistant City Manager Cori Burbach introduced the city's two fellows hosted through the Young
Southeast Asian Leaders Initiative Professional Fellows Program (YSELI PFP): Hieu Nguyen
and Siti Hajar Mohammad. Ms. Mohammad and Mr. Nguyen provided brief biographies to the
City Council.
4. Employee SPIRIT Awards Recognition: City Manager Van Milligen and Assistant City
Manager Burbach made a presentation on the City of Dubuque SPIRIT Awards.
Service: The Consider It Done Award: Sam Janecke (Fire Department)
People: The Highest of High Fives Award: Bill Gansen, Jim Herbst, Dan Mayne, and Lenisha
West (Dubuque Metropolitan Area Solid Waste Agency)
Integrity: The Constant Contributor Award: Kelly Larson (Human Resources Department)
Responsibility: The Macgyver Award: John Liphart (Engineering Department)
Innovation: The Big Bang Award: Arielle Swift (Public Works Department)
Teamwork: The Cloud 9 Collaborator Award: Temwa Phiri (Office of Shared Prosperity &
Neighborhood Support)
Circle of Excellence Award Winners:
Todd Dalsing and the entire Dubuque Airport Team
Kristen Dietz (Leisure Services Department)
CONSENT ITEMS
Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of
as indicated. Seconded by Farber. Motion carried 7-0.
1. Minutes and Reports Submitted: City Council proceedings of 6/06/22, 06/20/22, and
06/27/22; Five Flags Civic Center Advisory Commission of 6/27/22; Proof of publication for City
Council proceedings of 6/6/22. Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Bridget Heer for property damage. Upon motion the documents
were received, filed, and referred to the City Attorney.
3. Approval of City Expenditures: Upon motion the documents were received and filed, and
Resolution No. 237-22 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 was adopted.
RESOLUTION NO. 237-22
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 t o have been requisitioned for
a lawful municipal purpose; and
Whereas, the Finance Director-City Treasurer has provided a list of Expenditures attached
hereto, and by this reference made a part hereof, to be drawn to pay for goods and services
provided for City purposes; and
Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142 -18
adopted May 7, 2018, authorized the Finance Director-City Treasurer to issue checks in
payment of certain expenditures known as Exception Expenditures prior to City Council approval
and such list is attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The 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 requested by designated
requisitioning authorities in accordance with approved budget appropriations.
Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance
Director are hereby authorized and directed to provide the statement of receipts and
disbursements to the City Council, and to publish a summary thereof.
Passed, approved, and adopted this 5th day of July, 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
4. Pre-Annexation Agreement - Mines of Spain: Upon motion the documents were received
and filed, and Resolution No. 238-22 Approving a Pre-Annexation Agreement between the City
of Dubuque, Iowa and State of Iowa (Mines of Spain) was adopted.
RESOLUTION NO. 238-22
APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE,
IOWA AND STATE OF IOWA (MINES OF SPAIN)
Whereas, the State of Iowa, the owner of the following described property located in Dubuque
County, Iowa (the Property) have submitted to the City Council of the city of Dubuque an
application for voluntary annexation of the Property to the City of Dubuque:
PIN
LEGAL DESCRIPTION
1501232001 LOT 124A AND LOT 1-123A SHIPTON’S ADDITION, CITY OF
DUBUQUE, IOWA
1606200007 LOT 1 OF LOT 5 OF GOVERNMENT LOT 1, AND; LOT 6 OF
GOVERNMENT LOT 1, AND; LOT 1 OF THE SOUTH HALF OF
THE NORTHEAST FRACTIONAL QUARTER; AND LOT 2 OF THE
SOUTH HALF OF THE NORTHEAST FRACTIONAL QUARTER;
AND LOTS 3 AND 4 OF THE NORTHWEST FRACTIONAL
QUARTER OF THE NORTHEAST QUARTER; AND LOTS 3 AND 4
OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER; AND LOT 1 OF LOT 4 OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER; AND LOT 1 OF LOT
1 OF LOT 3 OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER; AND THE SOUTHEAST QUARTER OF
THE NORTHWEST QUARTER, ALL IN SECTION 6, TOWNSHIP 88
NORTH, RANGE 3 EAST OF THE 5TH P.M., DUBUQUE COUNTY,
IOWA
1606326001 THE WEST 170 FEET OF LOT 1 OF THE SUBDIVISION OF
THE NORTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 6, TOWNSHIP 88 NORTH, RANGE 3
EAST OF THE 5TH P.M., DUBUQUE COUNTY, IOWA,
LOCATED TO THE NORTH OF LOT 2 IN SAID QUARTER
1608200004 LOT 1 OF THE NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER; AND THE NORTHEAST QUARTER
OF THE NORTHEAST QUARTER; AND LOTS 1 AND 2 OF
THE SUBDIVISION OF THE EAST 32 ACRES OF LOT 1 OF
THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER, ALL IN SECTION 8, TOWNSHIP 88 NORTH,
RANGE 3 EAST OF THE 5TH P.M., DUBUQUE COUNTY,
IOWA
1609100001 GOVERNMENT LOT 1 (ALSO KNOWN AS LOT 1 OF
SECTION 9); AND LOT 2 OF THE NORTHWEST QUARTER
OF THE NORTHWEST QUARTER; AND LOT 1 OF LOT 1 OF
THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER; AND THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER; AND LOT 1 OF THE SOUTHWEST
QUARTER; AND LOT 2 OF LOT 1 OF THE SUBDIVISION OF
THE SOUTH HALF OF THE SOUTHEAST QUARTER; AND
LOT 2 OF LOT 1 OF LOT 2 OF THE SUBDIVISION OF THE
SOUTH HALF OF THE SOUTHEAST QUARTER; AND LOT 1
OF LOT 4 OF THE SUBDIVISION OF THE SOUTH HALF OF
THE SOUTHEAST QUARTER; AND LOT 2 OF LOT 2 OF THE
SUBDIVISION OF THE SOUTH HALF OF THE SOUTHEAST
QUARTER; AND LOT 3 OF LOT 3 OF THE SUBDIVISION OF
THE SOUTH HALF OF THE SOUTHEAST QUARTER; AND
LOTS 1 AND 2 OF THE NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER; AND LOTS 1 AND 2
GOVERNMENT LOT 3; AND GOVERNMENT LOT 2; AND
THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER; AND LOT 2 OF LOT 1 OF LOT 3 OF THE
SUBDIVISION OF THE SOUTH HALF OF THE SOUTHEAST
QUARTER; AND LOT 2 OF LOT 3 OF THE SUBDIVISION OF
THE SOUTH HALF OF THE SOUTHEAST QUARTER; AND
LOT 2 OF LOT 4 OF THE SUBDIVISION OF THE SOUTH
HALF OF THE SOUTHEAST QUARTER, ALL IN SECTION 9,
TOWNSHIP 88 NORTH, RANGE 3 EAST OF THE 5TH P.M.,
DUBUQUE COUNTY, IOWA
1610300005 LOT 1 OF LOT 1 OF GOVERNMENT LOT 1; AND LOT 2 OF
GOVERNMENT LOT 1; AND LOT 2 OF LOT 2 OF LOT 1 OF
GOVERNMENT LOT 1; AND LOT 2 OF THE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER; AND LOT 1 OF
GOVERNMENT LOT 2; AND LOT 1 OF GOVERNMENT LOT
3; AND THE EAST 39 ACRES OF THE SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER, ALL IN
SECTION 10, TOWNSHIP 88 NORTH, RANGE 3 EAST OF
THE 5TH P.M., DUBUQUE COUNTY, IOWA
1604300001 LOT 1 OF LOT 1 OF GOVERNMENT LOT 1; AND LOT 2 OF
LOT 1 OF GOVERNMENT LOT 1; AND LOT 2 OF
GOVERNMENT LOT 1 (ALSO KNOWN AS LOT 2 OF THE
SUBDIVISION OF THE SOUTHWEST FRACTIONAL
QUARTER), ALL IN SECTION 4, TOWNSHIP 88 NORTH,
RANGE 3 EAST OF THE 5TH P.M., DUBUQUE COUNTY,
IOWA
1605400003 GOVERNMENT LOT 3; AND LOTS 1 AND 2 OF
GOVERNMENT LOT 4; AND THE NORTHEAST QUARTER
OF THE SOUTHWEST QUARTER; AND THE SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER; AND THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER;
AND LOTS 2, 3, 4, 5, 6, 7, 8, 9 AND 10 OF THE SUBDIVISION
OF GOVERNMENT LOTS 1 AND 2, ALL IN SECTION 5,
TOWNSHIP 88 NORTH, RANGE 3 EAST OF THE 5TH P.M.,
DUBUQUE COUNTY, IOWA; AND ALL THAT PART OF THE
VACATED COUNTY ROAD LYING WITHIN THE ABOVE
DESCRIBED PARCELS
Whereas, as part of a 28E Agreement, the State of Iowa has agreed to submit a Pre -
annexation Agreement to the City of Dubuque; and
Whereas, the State of Iowa has entered into a Pre -annexation Agreement with the City of
Dubuque, a copy of which is attached hereto governing the future annexation of the Property;
and
Whereas, the Property is not subject to an existing annexation moratorium; and
Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in
Dubuque County, Iowa and the extension of city limits by voluntary annexation; and
Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the
City of Dubuque, necessary for the future orderly growth and development of the City of
Dubuque, and will promote efficient and cost-effective extension of municipal services; and
Whereas, the City Council finds that the annexation of the Property is in the public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre-annexation Agreement by and between the State of Iowa and the City of
Dubuque is hereby approved.
Passed, approved, and adopted this 5th day of July 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
5. Civil Service Commission - Certified List: Civil Service Commission submitted the certified
list for the position of Assistant Chief of Police. Upon motion the documents were received, filed,
and made a Matter of Record.
May 31, 2022
Honorable Mayor and Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, a questionnaire of 10 leadership
questions (scored) for the position of Assistant Chief of Police was administered to candidates.
We, the Civil Service Commission, hereby certify that the individuals listed below have
completed and passed this questionnaire and the vacancy for this position should be filled from
this list.
Assistant Chief of Police
1. Richard Fullmer; 2. Joseph Messerich
Respectfully submitted,
/s/Daniel White, Chairperson
Civil Service Commission
6. Second Amendment to Grant Agreement Between the City of Dubuque and Real Property
Investments, LLC for the Rehabilitation of 1540 Central Avenue : Upon motion the documents
were received and filed, and Resolution No. 239-22 Approving the Second Amendment to Grant
Agreement between the City of Dubuque, Iowa and Real Property Investments, LLC was
adopted.
RESOLUTION NO. 239-22
APPROVING THE SECOND AMENDMENT TO GRANT AGREEMENT BETWEEN THE CITY
OF DUBUQUE, IOWA AND REAL PROPERTY INVESTMENTS, LLC
Whereas, the City of Dubuque (City) and Real Property Investments, LLC (Grant Recipient)
entered into a Grant Agreement dated September 8, 2021, as amended, for the redevelopment
of 1540 Central Avenue in the City of Dubuque, Iowa (the Project); and
Whereas, City and Grant Recipient desire to further amend the Grant Agreement as set forth
in the attached Second Amendment to Grant Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Second Amendment to Grant Agreement between the City of Dubuque,
Iowa and Real Property Investments, LLC, a copy of which is attached hereto, is hereby
approved.
Section 2. That the Mayor is hereby authorized and directed to execute the Second
Amendment to Grant Agreement on behalf of the City of Dubuque and the City Clerk is
authorized and directed to attest to his signature.
Section 3. That the City Manager is authorized to take such actions as are necessary to
comply with the terms of the Second Amendment to Grant Agreement as herein approved.
Passed, approved, and adopted this 5th day of July, 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
7. Approving a Second Amendment to a Development Agreement between the City of
Dubuque and Kretschmer, LLC to Redevelop Property at 220 E 9th Street : Upon motion the
documents were received and filed, and Resolution No. 240-22 Approving the Second
Amendment to Development Agreement by and between the City of Dubuque, Iowa and
Kretschmer, LLC was adopted.
RESOLUTION NO. 240-22
APPROVING THE SECOND AMENDMENT TO DEVELOPMENT AGREEMENT BY AND
BETWEEN THE CITY OF DUBUQUE, IOWA AND KRETSCHMER, LLC
Whereas, the City of Dubuque (City) and Kretschmer, LLC (Developer) previously entered
into that certain Development Agreement dated August 3, 2020, as amended, with respect to
the matters specified therein; and
Whereas, the parties desire to further modify the Development Agreement as set out in the
Second Amendment to Development Agreement attached hereto; and
Whereas, the City Council finds that it is in the interests of the City of Dubuque to approve
the Second Amendment to Development Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Second Amendment to Development Agreement between the City of
Dubuque, Iowa and Kretschmer, LLC, a copy of which is attached hereto, is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the Second
Amendment to Development Agreement on behalf of the City and the City Clerk is authorized
and directed to attest to his signature.
Section 3. That the City Manager is authorized to take such actions a s are necessary to
comply with the terms of the Second Amendment to Development Agreement as herein
approved.
Passed, approved and adopted this 5th day of July, 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
8. 2022 Asphalt Overlay Access Ramp Project 1: Upon motion the documents were received
and filed, and Resolution No. 241-22 Accepting the 2022 Asphalt Overlay Access Ramp Project
1 and authorizing the payment to the contractor was adopted.
RESOLUTION NO. 241-22
ACCEPTING THE 2022 ASPHALT OVERLAY ACCESS RAMP PROJECT 1 AND
AUTHORIZING THE PAYMENT TO THE CONTRACTOR
Whereas, the public improvement contract for the 2022 Asphalt Overlay Access Ramp
Project 1 (the Project) has been completed by the Contractor, Tschiggfr ie Excavating,
(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 $136,038.52; and
Whereas, the Contractor has previously been paid $129,236.59, leaving a balance of
$6,801.93; and
Whereas, the City Council finds that the recommendation of the City Engineer should be
accepted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved, and the Project is hereby
accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of the
retainage of $6,801.93 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 5th day of July 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
9. Improvement Contracts / Performance, Payment and Maintenance Bonds: Gansen
Excavating, Inc. for the Mystique Ice Arena: Arena Rink Excavation and Demolition Project;
McDermott Excavating for the Park Department Waterline Project - 6'DIP Watermain. Upon
motion the documents were received, filed, and approved.
10. Signed Contract(s): Vendor Service Agreement with Compass Minerals America Inc. for
Public Works Ice Control Road Salt:: Project 22-23-00; Lease Agreement with Dubuque Water
Sports Club; Vendor Service Agreement with Toter LLC for Toter Carts; Vendor Service
Agreement with Wenzel Towing for the Towing Service Contract. Upon motion the documents
were received and filed.
11. Lease and proposed Amendment to I-NET agreement between the City of Dubuque and
MCC Iowa LLC (Mediacom): Upon motion the documents were received, filed, and approved.
12. Ratification of the July 1, 2022, Teamsters Local Union No. 120 and Teamsters Local
Union No. 120 (Bus Operators) Collective Bargaining Agreements: Upon motion the documents
were received, filed, and approved.
13. Liquor License Renewals: Upon motion the documents were received and filed, and
Resolution No. 242-22 Approving applications for beer, liquor, and/or wine permits, as required
by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapte r 2
Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted.
RESOLUTION NO. 242-22
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 LIQUOR, BEER
AND WINE LICENSES AND PERMITS
W hereas, applications for Beer, Liquor, and or W ine Permits have been submitted and filed
with the City Council for approval, and the same have been examined, provisionally approved,
and/or approved; and
W hereas, 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, IOW A THAT:
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:
Renewals
Bell Tower Productions, 2728 Asbury Rd.
Casey's General Store 2420, 2699 Rockdale Rd.
Casey's General Store 2421, 4003 Peru Rd.
Dubuque Tobacco & Grocery, 1248 Iowa St.
Egelhof, Siegert & Casper Funeral Home and Crematory, 2659 John F Kennedy Rd.
Shannon's Bar & Grill, 521 East 22nd St.
Special Event(S) Per Special Event Application Submittal
Dubuque Jaycees: 7-10-22 to 7-14-22, 7th & Jackson to 9th and Jackson + East 8th St. to
Elm St.
Wicked River: 8-4-22 to 8-8-22, Cable Car Square West 4th St. & Bluff St.
Provisional Issuances
Jubeck's - Wednesday Farmers Market: 7-6-22, 115 West 11th Street and Sidewalk from
Main to Iowa Streets
Passed, approved, and adopted this 5th day of July 2022.
Brad M. Cavanagh, 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 Roussell. Motion carried 7-0.
1. Resolution Setting a Public Hearing on a Proposed Development Agreement by and
among the City of Dubuque, Iowa, Green Industrial Properties, L.L.C., Innovation Properties,
L.L.C., and Green Industrial Supply, Inc. Upon motion the documents were received and filed
and Resolution No. 243-22 Fixing the date for a public hearing of the City Council of the City of
Dubuque, Iowa on the proposed Development Agreement by and among the City of Dubuque,
Green Industrial Properties, L.L.C., Innovation Properties, L.L.C., and Green Industrial Supply,
Inc., including the proposed issuance of Urban Renewal Tax Increment Revenue Grant
Obligations to Green Industrial Supply, Inc., and providing for the publication of notice thereof
was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 18, 2022,
in the Historic Federal Building.
RESOLUTION NO. 243-22
FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA ON THE PROPOSED DEVELOPMENT AGREEMENT BY AND AMONG
THE CITY OF DUBUQUE, GREEN INDUSTRIAL PROPERTIES, L.L.C., INNOVATION
PROPERTIES, L.L.C., AND GREEN INDUSTRIAL SUPPLY, INC., INCLUDING THE
PROPOSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE GRANT
OBLIGATIONS TO GREEN INDUSTRIAL SUPPLY, INC., AND PROVIDING FOR T HE
PUBLICATION OF NOTICE THEREOF
Whereas, Green Industrial Properties, L.L.C. and Innovation Properties, L.L.C., as
Developers, are the owners of the following described real property:
Part Lot 3 in the Dubuque Industrial Center North First Addition in the City of
Dubuque, Dubuque County, Iowa, Except Lot ‘A’ of Lot 3 in Dubuque Industrial
Center North First Addition in the City of Dubuque, Dubuque County, Iowa, described
as follows: Commencing at the southeast corner of said Lot 3; thence N00°36’04”W,
364.16 feet along the east line of said Lot 3; thence S89°24’16”W, 502.28 feet along
the outside face of the south wall of the existing building to the point of beginning;
thence S00°35’44”E, 37.00 feet; thence S89°24’16”W, 210.00 feet; thence
N00°35’44”W, 362.00 feet; thence N89°24’16”E, 255.00 feet to the northerly
extension of the outside face of the west wall of the existing building; then
S00°35’44”E, 357.00 feet along said face of the west wall of the southwest corner of
the existing building; thence N89°24’16”E, 125.00 feet along the face of the south
wall of the existing building to the point of beginning, containing 2.258 acres
(the Property); and
Whereas, Green Industrial Supply, Inc., as Employer, leases the Property from Green
Industrial Properties, L.L.C. and Innovation Properties, L.L.C.; and
Whereas, Developers and Employer have determined that they require a new industrial
building/facility (the Facility) to maintain and expand their operations and employment in the
project area; and
Whereas, Developers and Employer have entered into an agreement for the construction of
the Facility; and
Whereas, City of Dubuque, Iowa (City), Green Industrial Properties, L.L.C., Innovation
Properties, L.L.C., and Green Industrial Supply, Inc. have entered into a Development
Agreement, subject to the approval of the City Council, pursuant to which Green Industrial
Properties, L.L.C. and Innovation Properties, L.L.C. will construct on the Property certain Minimum
Improvements described in the Development Agreement; and
Whereas, the City Council has tentatively determined that it would be in the best interests of
City to approve the Development Agreement; and
Whereas, the Development Agreement provides for the issuance by City of economic
development grants to Green Industrial Supply, Inc., referred to therein as Urban Renewal Tax
Increment Revenue Grant Obligations, payable from the tax increment revenues collected in
respect of the Improvements to be constructed by Green Industrial Properties, L.L.C. and
Innovation Properties, L.L.C. in accordance with the Development Agreement, for the purpose
of carrying out the objectives of an Urban Renewal Plan as hereinafter desc ribed; and
Whereas, before said obligations may be approved, Chapter 403 of the Code of Iowa requires
that the City Clerk publish a notice of the proposal and of the time and place of the meeting at
which the City Council proposes to take action thereon and at which meeting the City Council
shall receive oral and/or written objections from any resident or property owner of said City to
such proposed action.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Clerk is hereby authorized and directed to cause this Resolution and a
Notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City
Council’s intent to approve the proposed Development Agreement, to be held on the 18th day of
July, 2022 at 6:30 p.m.
Section 2. The City Council will also meet at said time and place for the purpose of taking action
on the matter of authorizing Urban Renewal Tax Increment Revenue obligations, the proceeds of
which obligations will be used to carry out certain of the special financing activities described in the
Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, consisting
of the funding of economic development grants to Green Industrial Supply, L.L.C., pursuant to the
Development Agreement under the terms and conditions of said Urban Renewal Plan. It is
expected that the aggregate amount of the Tax Increment Revenue obligations will be
approximately $1,405,813.
Section 3. The City Clerk is hereby directed to cause at least one publication to be made of
a notice of said meeting, in a newspaper, printed wholly in the English language, published at
least once weekly, and having general circulation in said City, said publication to be not less
than four days nor more than twenty days before the date of said meeting on the disposal of the
City’s interest in the Property and the issuance of said obligations.
Section 4. That the Notice of the proposed action shall be in substantially the form attached
hereto.
Passed, approved, and adopted this 5th day of July, 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
2. Sale of City-owned property at 917 Garfield Avenue: Upon motion the documents were
received and filed and Resolution No. 244-22 Intent to dispose of an interest in City of Dubuque
real estate to Kellhoff Properties LLC., setting a time and place for hearing, and providing for
the publication of notice thereof was adopted setting a public hearing for a meeting to commence
at 6:30 p.m. on July 18, 2022, in the Historic Federal Building.
RESOLUTION NO. 244-22
INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE TO
KELLHOFF PROPERTIES LLC., SETTING A TIME AND PLACE FOR HEARING, AND
PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF
Whereas, the City of Dubuque, Iowa (City) owns 917 Garfield Avenue (the Property) legally
described as:
Northerly 46.4' of Lot 4 Hooper's Addition, in the City of Dubuque, Iowa, according to
the United States Commissioners’ Plat thereof.
and;
Whereas, City acquired the Property through the Court by petitioning for title in accordance
with Iowa Code 567A.10B for the purpose of its restoration of the abandoned property; and
Whereas, Kellhoff Properties LLC., will rehabilitate the property and rent the property; and
Whereas, by accepting the selected offer the City’s objectives of Historic Building
Rehabilitation/Preservation and Livable Neighborhoods and Housing can be realiz ed and is
consistent with the City goal of creating opportunities for affordable housing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque, Iowa, proposes to dispose of its interest in the above
described real estate to Kellhoff Properties LLC.
Section 2. That the City Council shall conduct a public hearing on the proposed disposition
of real estate in the City Council Chambers at the Historic Federal Building, 350 W. 6 th Street,
Dubuque, Iowa on the 18th day of July, 2022 beginning at 6:30 p.m.
Section 3. That the City Clerk be and is hereby authorized and directed to publish notice of
the public hearing in the form attached hereto, according to law.
Passed, approved and adopted this 5th day of July, 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
BOARDS/COMMISSIONS
Applications were reviewed for the following Boards and Commissions. Applicants were
invited to address the City Council regarding their desire to serve on the following
Boards/Commissions.
1. Investment Oversight Advisory Commission: One 3-Year term through July 1, 2025
(Expired Term of Ruden). Applicant: Gary Ruden, P.O. Box 835 - Address verified to be within
corp. city limits.
2. Resilient Community Advisory Commission: One, 3-Year term through July 1, 2025
(Vacant term of Sanger). Applicant: Jacob Kohlhaas, 1125 Richards Rd.
Appointments were made to the following boards/commissions.
1. Zoning Advisory Commission: Two, 3-Year terms through July 1, 2025 (Expiring terms of
Norton and Mulligan). Applicants: Patrick Norton, 920 Valentine Dr. (Additional Applicant;
Matthew Mulligan, 1167 Hunters Rdg. This commission is subject to the State of Iowa gender
Balance Law. 7 Commissioners total; Currently 1 male / 3 females / 3 openings.
Motion by Jones to appoint Mr. Norton and Mr. Mulligan to the three-year terms through July
1, 2025. Seconded by Sprank. Motion carried 7 -0.
PUBLIC HEARINGS
1. West 32nd St/NW Arterial Switch Homes Mozena Farms Rezoning from AG to R-1 with
Conditions: Motion by Jones to receive and file the documents and that the requirement that a
proposed ordinance be considered and voted on for passage at two Council meetings prior to
the meeting at which it is to be passed be suspended. Seconded by Roussell. Planning Services
Manager Wally Wernimont made a presentation. Paul Baker, 2945 Brueck Rd.; Eric Lucy, 2736
Tiffany Ct.; Jennifer Steines, 2733 Tiffany Ct.; and Janelle Cox, 2742 Tiffany Ct., spoke in
opposition to the rezoning, respectively. Rick Dickinson of Greater Dubuque Development
Corporation, Project Developer Matthew Mulligan, 1167 Hunters Rdg.; and Molly Grover, of the
Dubuque Area Chamber of Commerce, all spoke in support of the ordinance, respectively. City
Clerk Breitfelder announced that written input was received from the following individuals:
Dennis Welu, 2693 Tiffany Ct.; James Gantz, 12241 Forest Meadow Dr.; Sandy and Ray
Herzog, 2717 Tiffany Ct.; Ryan Sempf of the Dubuque Area Chamber of Commerce; Molly
Grover of the Dubuque Area Chamber of Commerce; Eric Lucy, 2736 Tiffany Ct.; and Andrew
Carroll. Mr. Wernimont responded to questions from the City Council regarding subdivision
renaming’s and the availability of the traffic study once completed. Mr. Wernimont stated that
the completed traffic study would be a public document. City Council Members spoke in support
of the ordinance and discussed the traffic study and rezoning process. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 23-22 Amending Title
16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying
hereinafter described property located between 32nd Street and Northwest Arterial (Parcel
1015276004) as shown on Rezoning Exhibit A from AG Agriculture District to R-1 Single-Family
Residential with conditions. Seconded by Roussell. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 23-22
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED
DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY
LOCATED BETWEEN 32ND STREET AND NORTHWEST ARTERIAL (PARCEL 1015276004)
AS SHOWN ON REZONING EXHIBIT A FROM AG AGRICULTURE DISTRICT TO R-1
SINGLE-FAMILY RESIDENTIAL WITH CONDITIONS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, is hereby amended by reclassifying the hereinafter–described property from AG
Agriculture District to R-1 Single-Family Residential with Conditions, to wit:
A portion of Mozena Farm South and portion of Lot 2 of Dondelinger Place all in the
City of Dubuque, Dubuque County, Iowa.
Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque, Iowa.
Section 3. This Ordinance shall take effect immediately upon publication as provided by law.
Passed, approved and adopted this 5th day of July, 2022.
/s/Brad M. Cavanagh, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on the 8th day of July, 2022.
/s/Adrienne N. Breitfelder, City Clerk
2. Fiscal Year 2023 Community Development Block Grant Annual Action Plan : Motion by
Roussell to receive and file the documents and adopt Resolution No. 245-22 Adopting the Fiscal
Year 2023 (Program Year 2022) Community Development Block Grant (CDBG) Annual Action
Plan for inclusion in the city budget. Seconded by Farber. Mayor Cavanagh announced a recess
at 8:41 p.m. and reconvened the meeting for the vote at 8:43 p.m. Motion carried 7-0.
RESOLUTION NO. 245-22
ADOPTING THE FISCAL YEAR 2023 (PROGRAM YEAR 2022) COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN FOR APPROVAL
Whereas, the City of Dubuque, through a series of public meetings and hearings, proposed
a Fiscal Year 2023 (Program Year 2022) Community Deve lopment Block Grant Annual Action
Plan be approved addressing housing and non -housing needs in the community; and
Whereas, the City Council has held a public hearing on the proposed plan on July 5, 2022.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Community Development Block Grant Fiscal Year 2023 (Program Year
2022) Annual Action Plan, attached hereto and by this reference made a part hereof, is hereby
adopted.
Section 2. The City Manager is hereby authorized to directed staff to prepare and submit to
the United States Department of Housing and Urban Development the Fiscal Year 2023
(Program Year 2022) Annual Action Plan with all related documents, for the use of Community
Development Block Grant funds based on this adopted budget and execute standard contracts
and agreements.
Passed, approved, and adopted this 5th day of July, 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
PUBLIC INPUT
Beverly Johnson, 902 Althauser Ave., spoke about a deteriorating wall located behind her
property and provided photographs of its condition. Ms. Johnson stated that she has been in
contact with the city’s Engineering Department regarding the wall’s repair.
ACTION ITEMS
1. Fiscal Year 2023 Arts & Culture Special Projects Funding Recommendation : Motion by
Roussell to receive and file the documents and approve the recommendation. Seconded by
Jones. Motion carried 7-0.
2. Smart Parking & Mobility Management Plan Development and Implementation Project:
Consultant Selection Recommendation: Motion by Sprank to receive and file the documents
and approve the recommendation. Seconded by Jones. Transportation Services Director Ryan
Knuckey responded to a question from the City Council regarding technology options for the
project. Motion carried 7-0.
3. Request to Reschedule Five Flags Work Session: Motion by Jones to receive and file the
documents and reschedule the work session from July 11, 2022, to Monday, October 24, 2022,
at 6:00 p.m. Seconded by Resnick. No schedule conflicts were expressed. Leisure Services
Manager Marie Ware and City Manager Van Milligen responded to questions from the City
Council regarding the options that will be considered in t he consultant’s review. City Attorney
Brumwell responded to a question regarding the referendum process and stated that she would
provide additional detail to the City Council on state code requirements for a referendum. Motion
carried 7-0.
4. Work Session Request: Fountain of Youth: Motion by Roussell to receive and file the
documents and schedule the work session for Monday, July 18, 2022, at 5:30 p.m. Seconded
by Farber. No schedule conflicts were expressed. Motion carried 7-0.
5. Work Session Request: South Port Redevelopment Concept: Motion by Resnick to receive
and file the documents and schedule the work session for Monday, July 25, 2022, at 6:00 p.m.
Seconded by Sprank. Council Members Farber and Jones both stated they will be unavailable
to attend due to scheduling conflicts. Motion carried 7-0.
6. Work Session Request: Federal and State Grant Update: Motion by Jones to receive and
file the documents and schedule the work session for Monday, August 15, 2022, at 5:30 p.m.
Seconded by Sprank. No schedule conflicts were expressed. Motion carried 7-0.
7. Jackson Park Beautification Video: Motion by Sprank to receive and file the information
and view the video. Seconded by Jones. Media Services showed a video on recent efforts of
neighbors and community members beautifying Jackson Park. Link to video:
https://www.youtube.com/watch?v=suZoXG-GW L8. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Sprank reported on attending the Pride Family Picnic and thanked the
Multicultural Family Center for hosting the event.
Council Member Farber thanked Police Chief Jeremy Jensen and the Dubuque County
Sheriff for their participation at a recent virtual simulation training.
Council Member Resnick and Mayor Cavanagh both reported on the recent opening of the
Bee Branch Creek pedestrian tunnels.
Council Member Wethal thanked Carla Anderson for assisting her in scheduling her first town
hall meeting on June 29th.
CLOSED SESSION
Motion by Jones to convene in closed session at 9:10 p.m. to discuss Purchase or Sale of
Real Estate – Chapter 21.5(1)(j) Code of Iowa. Seconded by Resnick. Point of information by
City Attorney Brumwell that the motion should include Pending Litigation – Chapter 21.5(1)(c)
Code of Iowa, as that section is also listed on the agenda. Motion amended by Jones. Mayor
Cavanagh stated for the record that the attorney who will consult with City Council on the issues
to be discussed in the closed session is City Attorney Brumwell. Motion carried 7-0.
The City Council reconvened in open session at 9:44 p.m. stating that staff had been given
proper direction.
There being no further business, Mayor Cavanagh declared the meeting adjourned at 9:44
p.m.
/s/Adrienne N. Breitfelder, City Clerk