11 21 22 City Council Proceedings Official_RegularCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on November 21, 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, City Attorney Brumwell.
Mayor Cavanagh read the call and stated this is a regular session of the City Council called
for the purpose of conducting such business that may properly come before the City Council.
PLEDGE OF ALLEGIANCE
CONSENT ITEMS
Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of
as indicated. Seconded by Farber. Motion carried 7-0.
1. Minutes and Reports Submitted: City Council Proceedings of 11/07/22; Library Board of
Trustees of 9/19/22, 9/20/22, 9/22/22; Zoning Board of Adjustment of 10/27/22. Upon motion
the documents were received and filed.
2. Notice of Claims and Suits: Ethan Bever for vehicle damage; Jenny Cribbs on behalf of
Barbara Callhan for vehicle damage; Debra Heim for property damage. Upon motion the docu-
ments 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:
Ethan Bever for vehicle damage; Barbara Callhan for vehicle damage. Upon motion the docu-
ments were received, filed, and concurred.
4. Approval of City Expenditures: Upon motion the documents were received and filed, and
Resolution No. 357-22 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. 357-22
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 ser-
vices have been pre-audited by Finance Department personnel in accordance with generally
accepted internal control procedures and have been determined to have been 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 pay-
ment of certain expenditures known as Exception Expenditures prior to City Council approval
and such list is attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA THAT:
Section 1. The 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 Di-
rector are hereby authorized and directed to provide the statement of receipts and disburse-
ments to the City Council, and to publish a summary thereof.
Passed, approved, and adopted this 21st day of November, 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
5. Fiscal Year 2022 Iowa Urban Renewal Annual Report: Upon motion the documents were
received and filed, and Resolution No. 358-22 Approving the Fiscal Year 2022 Urban Renewal
Report for the City of Dubuque was adopted.
RESOLUTION NO. 358-22
APPROVING THE FISCAL YEAR 2022 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 majority 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 DUBU-
QUE, IOWA:
Section 1. That the Fiscal Year 2022 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 Depart-
ment of Management.
Passed, approved, and adopted this 21st day of November, 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
6. Fiscal Year 2024 Annual Tax Increment Financing Report: Upon motion the documents
were received and filed.
7. 2023 State Legislative Priorities: Upon motion the documents were received, filed, and
approved.
8. Iowa Arts Council Creative Places Project Grant Application: Upon motion the documents
were received, filed, and approved.
9. Letter of Support on Behalf of Dubuque Museum of Art to Institute of Museum and Library
Services Museums for America Grant Program : Upon motion the documents were received,
filed, and approved.
10. Temporary Agreement Between the City of Dubuque and ITC Midwest, LLC to O perate
an Electric Transmission System in the City of Dubuque: Upon motion the documents were
received and filed, and Resolution No. 359-22 Approving an agreement between the City of
Dubuque and ITC Midwest, LLC to operate an electric transmission system in the City of Dubu-
que was adopted.
RESOLUTION NO. 359-22
APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE AND ITC MIDWEST,
LLC TO OPERATE AN ELECTRIC TRANSMISSION SYSTEM IN THE CITY OF DUBUQUE
Whereas, the City of Dubuque, Iowa (City) and ITC Midwest, LLC (ITC Midwest) have tenta-
tively entered into an Agreement for the operation of an electric transmission system in the City
of Dubuque until such time as City and ITC Midwest finalize a franchise agreement to operate
the system; and
Whereas, the City Council finds that it is in the best interests of the City of Dubuque to ap-
prove the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. The attached Agreement is hereby approved.
Section 2. The City Manager is authorized and directed to sign the Agreement on behalf of
the City of Dubuque.
Passed, approved, and adopted this 21st day of November, 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
11. Approval for Organizational Culture Change Consulting Services Request for Proposal
(RFP): Upon motion the documents were received, filed, and approved.
12. Equity and Human Rights Department Restructuring: Upon motion the documents were
received, filed, and approved.
13. Certified List: Firefighter-Paramedic/Firefighter-EMT: Upon motion the documents were
received, filed, and made a matter of record.
14. Liquor License Renewals: Upon motion the documents were received and filed, and Res-
olution No. 360-22 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 Liq-
uor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted.
RESOLUTION NO. 360-22
APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE-
QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI-
CENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQUOR, 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 com-
ply with the Ordinances of the City, and the applicants have filed the proper fees and bonds and
otherwise complied with the requirements of the Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA THAT:
Section 1. The City Clerk is hereby authorized and directed to cause to be issued the noted
permit types to the following applicants pending submission of the locally required documenta-
tion:
Renewals
AMC Theatres Dubuque 14 2835 NW Arterial
Baymont Inn & Suites 4025 McDonald Dr.
Fuji Asian Buffet 806 Wacker Dr. Suite 128
Hy-Vee Clubroom 400 S. Locust St.
Mario's Italian Restaurant and Lounge 1298 Main St.
Pitstop Carryout 1735 Central Ave.
RMN Lounge 481 Locust St.
TownePlace Suites by Marriott - Dubuque 1151 Washington St.
Passed, approved, and adopted this 21st day of November 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Roussell to receive and file the documents, adopt the resolutions, and set the public
hearing as indicated. Seconded by Jones. Motion carried 7-0.
1. Flora Pool Filter Tanks and Recirculation Pump Replacement – Initiate Bidding Process
and Set Public Hearing: Upon motion the documents were received and filed and Resolution
No. 361-22 Flora Pool Filter Tank and Recirculation Pump Replacement Project: preliminary
approval of plans, specifications, form of contract, and estimated cost; setting date of public
hearing on plans, specifications, form of contract, and estimated cost was adopted setting a
public hearing for a meeting to commence at 6:30 p.m. o n December 5, 2022, in the Historic
Federal Building.
RESOLUTION NO. 361-22
FLORA POOL FILTER TANK AND RECIRCULATION PUMP REPLACEMENT PROJECT:
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED COST
Whereas, Flora Pool is a popular community amenity utilized heavily throughout the summer
months by a large and diverse portion of the community ; and
Whereas, due to the age of Flora Pool and its operational equipment, the need for replace-
ment of the filters and recirculation pump is critical to serving the community.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. The proposed plans, specifications, form of contract and estimated cost for the
Flora Pool Filter Tank and Recirculation Pump Replacement Project, in the estimated cost
amount of $215,000 are hereby preliminarily approved and ordered filed in the office of the City
Clerk for public inspection.
Section 2. A public hearing will be held on the 5th day of December 2022, at 6:30 p.m. in the
Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque,
Iowa, at which time interested persons may appear and be heard for or against the proposed
plans and specifications, form of contract and estimated cost of said Project, and the City Clerk
be and is hereby directed to cause the attached notice of the time and place of such hearing to
be published in a newspaper having general circulation in the City of Dubuque, Iowa, which
notice shall be published not less than four days nor more than twenty days prior to the date of
such hearing. At the hearing, any interested person may appear and file objections to the pro-
posed plans, specifications, form of contract, or estimated cost of the Project.
Passed, approved, and adopted this 21st day of November, 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
BOARDS/COMMISSIONS
Appointments were made to the following boards/commissions.
i. Community Development Advisory Commission: One three-year term through February 15,
2023 (Vacant term of Hammel Jr.). Applicant: Gabriel Mozena, 196 Bluff St. Motion by Sprank
to appoint Mr. Mozena to the three-year term through February 15, 2023. Seconded by Resnick.
Motion carried 7-0.
ii. Park and Recreation Advisory Commission: One three-year term through June 30, 2023
(Vacant term of Hochberger) and one three-year term through June 30, 2025 (Vacant term of
Baca). Applicants: Ron Axtell, 1895 Norland Dr.; Josh Jorgenson, 3030 Judson Crt.; Shirley
Snow, 779 University Ave. Upon roll call vote, Mr. Axtel was appointed to the three-year term
through June 30, 2023. Mr. Jorgenson received one vote (Wethal) and Mr. Axtel received the
remaining six votes. Upon the following roll call vote, Mr. Jorgenson was appointed to the three-
year term through June 30, 2025. Ms. Snow received two votes (Jones and Resnick) and Mr.
Jorgenson received the remaining five votes.
iii. Resilient Community Advisory Commission: One Cross Representative whose term will
coincide with their term on the cross represented board or commission (Vacant Cross Repre-
sentative Member term of Reber). Applicants: Thea Dement, 375 Alpine St. - Current member
of Historic Preservation Commission – term expires 7/1/23; Steven Drahozal, 683 West 11th St.
- Current member of Catfish Creek Watershed Management Authority - term expires 7/16/24;
and Lori Ollendick, 1390 Oak Park Pl. - Current member of Park and Recreation Advisory Com-
mission – term expires 7/1/25. Upon roll call vote, Mr. Drahozal was appointed to the three-year
term through July 16, 2024. Mr. Drahozal received all seven votes.
PUBLIC HEARINGS
1. Upper Bee Branch Creek Restoration Railroad Sanitary Interceptor Crossing Project (part
of Phase IV of the Bee Branch Watershed Flood Mitigation Project): Motion by Resnick to re-
ceive and file the documents and adopt Resolution No. 362-22 Approval of plans, specifications,
form of contract, and estimated cost for the Upper Bee Branch Creek Railroad Sanitary Inter-
ceptor Crossing Project. Seconded by Farber. Motion carried 7-0.
RESOLUTION NO. 362-22
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST FOR THE UPPER BEE BRANCH CREEK RAILROAD SANITARY INTERCEPTOR
CROSSING PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the Upper
Bee Branch Creek Restoration Railroad Sanitary Interceptor Crossing Project, in the estimated
amount $3,203,300.00, are hereby approved.
Passed, adopted, and approved this 21st day of November 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
2. Public Hearing and Approval of Plaza Drive Urban Revitalization Plan : Motion by Jones to
receive and file the documents and that the requirement that a proposed ordinance be consid-
ered and voted on for passage at two Council meetings prior to the meeting at which it is to be
passed be suspended. Seconded by Sprank. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 39-22 Amending City
of Dubuque Code of Ordinances Title 3, Revenue and Taxation, Chapter 2 Revitalization Areas,
by adopting a new Section 9 Plaza Drive, establishing the Plaza Drive Urban Revitalization Area,
and establishing requirements for qualifying property owners. Seconded by Sprank. Motion car-
ried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 39-22
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 3, REVENUE AND TAXA-
TION, CHAPTER 2 REVITALIZATION AREAS, BY ADOPTING A NEW SECTION 9 PLAZA
DRIVE, ESTABLISHING THE PLAZA DRIVE URBAN REVITALIZATION AREA, AND ES-
TABLISHING REQUIREMENTS FOR QUALIFYING PROPERTY OWNERS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. City of Dubuque Code of Ordinances Title 3, Chapter 2 is hereby amended by
adding the following:
3-2-8: Plaza Drive - The area hereinafter described is hereby designated as the Plaza
Drive Urban Revitalization Area in accordance with the code of Iowa:
Lot 1 of Asbury Plaza No. 21 in the County of Dubuque, Iowa, City of Dubuque, Iowa,
according to the recorded plat thereof.
Section 2. The Plaza Drive Urban Revitalization Plan as attached to this ordinance is hereby
adopted and approved and the properties within said described area shall be subject to the
provisions of said plan.
Section 3. That the Plaza Drive Urban Revitalization Plan shall hereafter be on file in the city
clerk’s office, City Hall, Dubuque, Iowa.
Section 4. That the City Clerk is hereby authorized and directed to publish this Ordinance on
or after November 21st, 2022, provided that the City Clerk prior to that date has received no
valid petition requesting a second public hearing, and in the event such petition has been re-
ceived, then this Ordinance shall be null and void.
Passed, approved, and adopted this 21st day of November 2022.
/s/Brad M. Cavanagh, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on the 25th day of November, 2022.
/s/Adrienne N. Breitfelder, City Clerk
PUBLIC INPUT
Regarding Action Item No. 2, Duane Hagerty of Heritage Works, 489 W. 4 th St.; Bill Doyle,
1591 White St.; Emily Sewell, 14247 N. Cascade Rd.; Adam Schwendinger, 570 W. 11th St.;
David Klavitter, 1090 W. 3rd St.; R.R.S. Stewart, 460 Summit St.; and Terry Mozena, (provided
input virtually), 1036 W. 3rd St., spoke in opposition to the proposed ordinance. David Becker
of Cottingham & Butler, 800 Main St., Emma Stapleton, 263 Hill St.; Molly Grover of the Dubuque
Area Chamber of Commerce, 300 Main St.; and Rick Dickinson of Greater Dubuque Develop-
ment Corporation, 205 Hill St., spoke in support of the proposed ordinance. Susan Pr ice sub-
mitted virtual input for Action Item No. 2 via the GoToMeeting chat and confirmed that her com-
ments can be submitted to the City Clerk to be entered into the record. City Clerk Breitfelder
announced that written input was received for Action Item No. 2 from the following individuals:
Gary Stoppelman of the Dubuque Museum of Art; Andrew Butler, John Butler and David Becker
of Cottingham & Butler; Duane Hagerty of Heritage Works; Tom Peckosh, 2310 Simpson St.;
Zackary Kenz; Jeanne Quann; Molly Grover o f the Dubuque Area Chamber of Commerce; Da-
vid Hartig; Rick Dickinson of Greater Dubuque Development Corporation; and Jeff Vaassen and
Danielle Jacobs of Dubuque Main St.
ACTION ITEMS
1. Government Finance Officers Association (GFOA) Distinguished Budget Presentation
Award: Motion by Roussell to receive and file the documents. Seconded by Farber. City Council
congratulated Director of Finance and Budget Jenny Larson on the award. Responding to a
question from the City Council, Ms. Larson summarized the methods that residents can submit
input for the Fiscal Year 2024 budget process. Motion carried 7-0.
2. Approval of an Ordinance to Remove the Area Bounded by 7th Street, 8th Street, Bluff
Street, and Locust Street from the Conservation District: 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 Sprank. City Council Members expressed support for the ordinance, stating that
there is a substantial need for childcare and that their scope for this request differs from the
Historic Preservation Commission’s scope for the previously requested demolition permit for the
structure at 781 Locust St. City Council Members also stressed their commitment to continue
working together with various entities on these types of requests and that they are considered
on a case-by-case basis. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 40-22 Amending Title
16 of the City of Dubuque Code of Ordinances, Unified Development Code, by amending Article
10-8-A-8 pertaining to alteration of the Downtown Neighborhood Conservation District to remove
the city block bounded by 7th/Locust/8th/Bluff Streets. Seconded by Sprank. Motion carried 7-
0.
OFFICIAL PUBLICATION
ORDINANCE NO. 40-22
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DE-
VELOPMENT CODE, BY AMENDING ARTICLE 10-8-A-8 PERTAINING TO ALTERATION OF
THE DOWNTOWN NEIGHBORHOOD CONSERVATION DISTRICT TO REMOVE THE CITY
BLOCK BOUNDED BY 7TH, LOCUST, 8TH, BLUFF STREETS
Whereas, the City of Dubuque established conservation districts to allow for the City’s review
of demolition permits that might impact buildings of historic or architectural significance; and
Whereas, the City’s Council Goals and Priorities, Analysis of Impediments to Fair Housing,
Equitable Poverty Reduction & Prevention Plan, and Imagine Dubuque Comprehensive Plan
have identified childcare as a priority; and
Whereas, there is a need for quality, affordable, licensed childcare centers in the downtown
area; and
Whereas, Cottingham & Butler has received a $3 million State of Iowa grant to build a child-
care center; and
Whereas, Cottingham & Bulter has negotiated a purchase an agreement for the purchase of
the Knights of Columbus building/Joliet Event Center at 781 Locust St.; and
Whereas, compliance with the requirements for a daycare facility in the existing building is
not feasible; and
Whereas, Cottingham & Butler desires to deconstruct/demolish the building and construct a
new building on the site, to be used as a childcare center; and
Whereas, The Dubuque Museum of Art plans to continue to contribute to the state designated
Dubuque Cultural Corridor by creating a Dubuque Art Museum Campus on this site.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code,
Article 10-8-A-8 is hereby amended to read as follows:
10-8-A-8 Downtown Neighborhood Conservation District
Beginning at the intersection of White Street and 11th Street, thence southerly along
White Street to its intersection with 5th Street; thence easterly along 5th Street to its inter-
section with the railroad tracks; thence easterly along the railroad tracks to their intersec-
tion with the Mississippi River; thence southerly along the riverfront across the Ice Harbor
to the eastern terminus of 1st Street; thence westerly along 1st Street to its intersection
with U.S. Highway 61/151; thence southerly along U.S. Highway 61/151 to its intersection
with the Locust Street Connector; thence westerly along the Locust Street Connector and
across Locust Street to Jones Street; thence westerly along Jones Street to its intersection
with Bissell Lane; thence northerly along Bissell Lane extended to 1st Street; thence west-
erly along 1st Street to its intersection with Bluff Street; thence northerly along Bluff Street
to its intersection with 5th Street; thence easterly on 5th Street to its intersection with Lo-
cust Street; thence northerly on Locust Street to its intersection with 8th Street; thence
westerly on 8th Street to its intersection with Bluff Street; thence southerly on B luff Street
to its intersection with 5th Street; thence westerly along 5th Street to the bluff line; thence
northerly along the bluff line to 9th Street; thence easterly along 9th Street to its intersec-
tion with Bluff Street; thence northerly along Bluff Street to its intersection with 10th Street;
thence easterly along 10th Street to its intersection with Iowa Street; thence northerly along
Iowa Street to its intersection with 14th Street; thence easterly along 14th Street to its
intersection with White Street, thence southerly along White Street to its intersection with
13th Street, thence westerly along 13th Street to its intersection with Central Avenue,
thence southerly along Central Avenue to its intersection with 11th Street, thence easterly
along 11th Street to its intersection with White Street, which is the point of beginning.
Section 2. The ordinance will become effective upon publication.
Passed, approved, and adopted this 21st day of November, 2022.
/s/Brad M. Cavanagh, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on the 25th day of November, 2022.
/s/Adrienne N. Breitfelder, City Clerk
3. Resolution Approving the Fourth Amendment to Development Agreement by and among
the City of Dubuque, Roshek Property, LLC, Cottingham & Butler, Inc., and Heartl and Financial
USA, Inc.: Motion by Farber to receive and file the documents and adopt Resolution No. 363-
22 Approving the Fourth Amendment to Development Agreement by and among the City of
Dubuque, Roshek Property, LLC, Cottingham & Butler, Inc., and Heartland Financial USA, Inc.
Seconded by Roussell. City Council Members expressed appreciation for the companies’ flexi-
bility in amending the agreement. Motion carried 7 -0.
RESOLUTION NO. 363-22
APPROVING THE FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT BY AND
AMONG THE CITY OF DUBUQUE, ROSHEK PROPERTY, LLC, COTTINGHAM & BUTLER,
INC. AND HEARTLAND FINANCIAL USA, INC.
Whereas, the City of Dubuque, Iowa (City), Roshek Property, LLC, an Iowa limited liability
company (“Developer”), and Cottingham & Butler, Inc., an Iowa corporation (“C & B Employer”)
and Heartland Financial USA, Inc. a Delaware corporation (“Heartland Employer”) (collectively
referred to as “Employers”), entered into a Development Agreement, as amended, dated for
reference purposes the 16th of December, 2019; and
Whereas, the City, Developer and Employers now desire to amend the Agreement as set
forth in the attached Fourth Amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA AS
FOLLOWS:
Section 1. The Fourth Amendment to Development Agreement attached hereto is hereby
approved.
Section 2. The City Manager is hereby authorized and directed to take such action as may
be necessary to carry out the terms of the Development Agreement, as amended .
Passed, approved, and adopted this 21st day of November, 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
4. Work Session Request - Five Flags: Motion by Roussell to receive and file the documents
and schedule the work session for Monday, December 5, 2022, at 5:30 p.m. Seconded by
Wethal. Request to amend the motion by Jones to start the work session at 5:00 p.m. to begin
with a walking tour of Five Flags. Motion amended by Roussell and seconded by Wethal. Motion
carried 7-0.
5. Dubuque County Watershed Partnership – 28E Agreement: Motion by Jones to receive
and file the documents and view the presentation. Seconded by Roussell. Civil Engineer II Deron
Muehring and Watershed Program Director Eric Schmechel made a presentation outlining some
of the successes of the Watershed Agreement partnership. Responding to questions from the
City Council, Mr. Muehring and Mr. Schmechel summarized the various regulatory agencies
involved with farm run-off and shared that conservation plans are available for farms. Mr.
Schmechel stated that the organization was not receiving American Rescue Plan Act (ARPA)
funding. Motion carried 7-0.
6. Bee Branch Creek Trail Phase 1 Project: Motion by Resnick to receive and file the docu-
ments and adopt Resolution No. 364-22 Awarding Public Improvement Contract for the Bee
Branch Creek Trail Project– Phase 1 Project, Iowa DOT Project No. Tap-2100(697)—8I-31.
Seconded by Sprank. Motion carried 7-0.
RESOLUTION NO. 364-22
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE BEE BRANCH CREEK TRAIL
PROJECT – PHASE 1 PROJECT, IOWA DOT PROJECT NO. TAP-2100(697)—8I-31
Whereas, sealed proposals were opened and read by the Iowa Department of Transportation
on the 15th day of November, 2022 and it has been determined that Tschiggfrie Excavating Co.
of Dubuque, IA with a bid amount of $604,809.62 is the lowest responsive, responsible bidder
for the project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That the City concurs with awarding a Public Improvement Contract for the Project
subject to Iowa Department of Transportation concurrence and approval of award to Tschiggfrie
Excavating Co. and execute a Public Improvement Construction Contract on behalf of the City
of Dubuque for the Project.
Passed, adopted, and approved this 21st day of November 2022.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
7. Amending Ordinance 38-22 for the Derby Grange Road Housing Urban Renewal Area :
Motion by Jones to receive and file the documents and that the requirement that a proposed
ordinance be considered and voted on for passage at two Council meetings prior to the meeting
at which it is to be passed be suspended. Seconded by Wethal. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 41-22 Amending Or-
dinance No. 38-22 providing that general property taxes levied and collected each year on all
property located within the Derby Grange Road Housing Urban Renewal Area, in the City of
Dubuque, County of Dubuque, State of Iowa, by and for the benefit o f 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 said Derby Grange Road Housing Urban Renewal Area by revising the boundaries of the
Derby Grange Road Housing Urban Renewal Area as described herein . Seconded by Wethal.
Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 41-22
AMENDING ORDINANCE NO. 38-22 PROVIDING THAT GENERAL PROPERTY TAXES
LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE
DERBY GRANGE ROAD HOUSING URBAN RENEWAL AREA, IN 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 IN-
DEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID
CITY IN CONNECTION WITH SAID DERBY GRANGE ROAD HOUSING URBAN RENEWAL
AREA BY REVISING THE BOUNDARIES OF THE DERBY GRANGE ROAD HOUSING UR-
BAN RENEWAL AREA AS DESCRIBED HEREIN
Whereas, the City Council of the City of Dubuque, Iowa, after public notice and hearing as
prescribed by law and pursuant to Resolution No. 14-17-A passed and approved on the 17th
day of April, 2017, adopted an Urban Renewal Plan (the "Urban Renewal Plan") for an urban
renewal area known as the Derby Grange Road Housing Urban Renewal Area (the "Urban Re-
newal Area"); and
Whereas, expenditures and indebtedness are anticipated to be incurred by the City of Dubu-
que, Iowa in the future to finance urban renewal project activities carried out in furtherance of
the objectives of the Urban Renewal Plan and the future needs for redevelopment within the
Urban Renewal Area are such as to require the application of the incremental tax resources of
the Urban Renewal Area; and
Whereas, the City Council of the City of Dubuque, Iowa desires to provide for the division of
revenue from taxation in the Urban Renewal Area, as above described, in accordance with the
provisions of Section 403.19 of the Code of Iowa, as amended, and the Urban Renewal Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. For purposes of this Ordinance, the following terms have the following meanings:
a. Urban Renewal Project Area shall include that area described as follows:
All that part of the right of way of John F. Kennedy Road lying between the following
described line:
A line beginning at the intersection of the west line of Lot 3 of Lot 2 of Helen E. and
Mary H. Stewart Subdivision and the south right of way line of John F. Kennedy Road
which then runs northeasterly perpendicular to said south right of way line and term i-
nates at the northerly right of way line of John F. Kennedy Road ; and
and the Northeasterly extension of the Northerly line of Lot 2 of Barton Randle Addi-
tion, City of Dubuque, Iowa; and
All that part of the Easterly half of the right of way of John F. Kennedy Road lying
between the Northeasterly extension of the Northerly line of Lot 2 of Barton Randle
Addition, City of Dubuque, Iowa, and the Easterly extension of the Southerly line of Lot
2 of Lot 1 of the Subdivision of the Southeast Quarter of the Southwest Quarter of Sec-
tion 9, T89N, R2E of the 5th P.M., Dubuque County, Iowa; and
A part of Lot 2 the Subdivision of Lot 1 of the Southeast ¼ of the Southwest ¼ of
Section 9, Township 89 North, Range 2 East of the 5th Principal Meridian, in the County
of Dubuque, Iowa, more particularly described as follows:
Commencing as a point of reference at the Northwest corner of Lot 2 of the Subdivi-
sion of Lot 1 of the Southeast ¼ of the Southwest ¼ of Section 9, Township 89 North,
Range 2 East of the 5th Principal Meridian, in the County of Dubuque, Iowa; Thence
North 88 Degrees 39 Minutes 26 Seconds East along the North line of said Lot 2 a
distance of 731.49 feet to the point of beginning; Thence continuing North 88 Degrees
39 Minutes 26 Seconds East along the North line of said Lot 2 a distance of 137.55 feet
to the Northeast corner of said Lot 2; Thence Southeasterly along the East line of said
Lot 2, being a circular curve concave to the East, having a radius of 955.37 feet, a chord
of 191.31 feet which bears South 06 Degrees 13 Minutes 07 Seconds East, an arc
length of 191.63 feet; Thence South 11 Degrees 58 Minutes 32 Seconds East along
said East line a distance of 258.07 feet to the Southeast corner of said Lot 2; Thence
South 88 Degrees 05 Minutes 36 Seconds West along the South line of said Lot 2 a
distance of 33.52 feet to a point on the West right of way line of Kennedy Road; Thence
North 11 Degrees 58 Minutes 32 Seconds West along said west right of way line a
distance of 279.21 feet; Thence Northwesterly along said West right of way line, being
a circular curve concave to the East having a radius of 988.37 feet, a chord of 34.46
feet which bears North 10 Degrees 57 Minutes 57 Seconds West, an arc length of 34.46
feet; Thence North 47 Degrees 24 Minutes 27 Seconds West along said West right of
way line a distance of 159.58 feet to a point on the South right of way line of Derby
Grange Road; Thence North 02 Degrees 06 Minutes 27 Seconds West a distance of
52.00 feet to the point of beginning; and
All that part of Lot 2 of the Northeast ¼ of the Southwest ¼ of Section 9, T89N, R2E
of the 5th P.M., Dubuque County, Iowa, lying within the existing right of way of North
Cascade Road; and
All of Lot 1 of Tscharner Place No. 4, Section 9, Township 89 North, Range 2 East
of the 5th P.M., Dubuque County, Iowa; and
All that part of Lot 2 of Tscharner Place No. 3, Dubuque County, Iowa, lying South of
the North line of the Southwest Quarter of Section 9, T89N, R2E of the 5 th P.M. and
East of the Westerly right of way line of John F. Kennedy Road; and
All of Lot 1-A of The Barony, Dubuque County, Iowa; and
All that part of the Northwesterly half of the right of way of John F. Kennedy Road
lying Westerly of the West line of Lot 1 of Hope Evangelical Free Church 1 st Addition,
Dubuque County, Iowa, and lying Easterly of the Southerly extension of the West line
of Lot 1-A of The Barony, Dubuque County, Iowa; and
The West 19.85 acres of the North Half of the Southeast Quarter of the Northeast
Quarter of Section 9, Township 89 North, Range 2 East of the 5th P.M., Dubuque
County, Iowa (also known as the North Half of the Southeast Quarter of the Northeast
Quarter of Section 9, Township 89 North, Range 2 East of the 5 th P.M., except 10 feet
on the East side of said 20 acres of land reserved for a private roadway, in Dubuque
County, Iowa).
(b) Urban Renewal Plan shall mean the Urban Renewal Plan for the Derby Grange Road
Housing Urban Renewal Area, approved by Resolution No. 133-17-A on April 17, 2017, as
the same may be amended from time to time.
Section 2. That the taxes levied on the taxable property in the Urban Renewal Area, 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 pro-
vided.
Section 3. 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 upon the total sum of the assessed value
of the taxable property in the Urban Renewal Area, as shown on the assessment roll as of
January 1, 2016, being January 1 of the calendar year preceding the first calendar year in which
the City of Dubuque is expected to certify to the County Auditor the amount of loans, advances,
indebtedness, or bonds payable from the division of property tax revenue described herein, shall
be allocated to and when collected be paid into the fund for the respective taxing district as taxes
by or for the taxing district into which all other property taxes are paid. The taxes so determined
shall be referred to herein as the "base period taxes" for such Urban Renewal Area.
Section 4. That portion of the taxes each year in excess of the base period taxes determined
for the Urban Renewal Area as provided in Section 3 of this Ordinance shall be allocated to and
when collected be paid into a special tax increment fund of the City of Dubuque, Iowa hereby
established, to pay the principal of and interest on loans, monies advanced to, indebtedness,
whether funded, refunded, assumed or otherwise, including bonds or obligations issued under
the authority of Section 403.9 or 403.12 of the Code of Iowa, as amended, incurred by the City
of Dubuque, Iowa, to finance or refinance, in whole or in part, urban renewal projects undertaken
within the Urban Renewal Area pursuant to the Urban Renewal Plan, except that (i) taxes for
the regular and voter-approved physical plant and equipment levy of a school district imposed
pursuant to Iowa Code Section 298.2 and taxes for the instructional support program of a school
district imposed pursuant to Iowa Code Section 257.19 (but in each case only to the extent
required under Iowa Code Section 403.19(2)); (ii) taxes for the payment of bonds and interest
of each taxing district; (iii) taxes imposed under Iowa Code Section 346.27(22) related to joint
county-city buildings; and (iv) any other exceptions described in Section 403.19 shall be col-
lected against all taxable property within the Urban Renewal Project Area without any limitation
as hereinabove provided.
Section 5. Unless or until the total assessed valuation of the taxable property in the Urban
Renewal Project Area exceeds the total assessed value of the taxable property in the Urban
Renewal Area as 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 th e Urban Renewal Area shall be
paid into the funds for the respective taxing districts as taxes by or for said taxing districts in the
same manner as all other property taxes.
Section 6. At such time as the loans, advances, indebtedness, bonds and interest thereon of
the City of Dubuque, Iowa referred to in Section 4 hereof have been paid, all monies thereafter
received from taxes upon the taxable property in the Urban Renewal 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 Ordi-
nance are hereby repealed. The provisions of this Ordinance are intended and shall be con-
strued so as to fully implement the division of taxes from taxable property in the Urban Renewal
Area under the provisions of Section 403.19 of the Code of Iowa. 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 Urban Renewal Area and the territory
contained therein.
Section 8. This Ordinance shall be in effect after its final passage, approval and publication
as provided by law.
Passed and approved this 21st day of November, 2022.
/s/Brad M. Cavanagh, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on the 25th day of November, 2022.
/s/Adrienne N. Breitfelder, City Clerk
8. Trash Cart Distribution Update: Motion by Resnick to receive and file the documents and
view the presentation. Seconded by Farber. Public Works Director John Klostermann, Assistant
Public Works Director Arielle Swift, and Resource Management Supervisor Jacob Jansen pro-
vided an update on the city's trash cart distribution. Responding to questions from the City Coun-
cil, Mr. Klostermann and Ms. Swift stated that the department has considered hiring contractors
to deliver the trash carts but envisions that staff involvement would be beneficial and that the
updated work order system will assist with the distribution process. City Manager Van Milligen
summarized the public works staff incentive program, stating that all public works staff complete
their shift at the same time, and that staff are dispatched to assist with unfinished routes until all
routes are completed. Responding to a question from the City Council, Mr. Jansen and Mr.
Klostermann described their outreach efforts to residents, stating that residents can contact the
Public Works Department with any questions or can visit the department to view the trash carts.
Motion carried 7-0.
9. Work Session Request - Central Avenue Corridor Streetscape Master Plan Draft: Motion
by Jones to receive and file the documents and schedule the work session for Monday, Decem-
ber 19, 2022, at 5:30 p.m. Seconded by Sprank. No schedule conflicts were expressed. Motion
carried 7-0.
10. Request to Reschedule July 3, 2023, City Council meeting to July 5, 2023: Motion by
Farber to receive and file the documents and reschedule the meeting as recommended. Se-
conded by Roussell. Responding to a question from the City Council, City Attorney Brumwell
stated that city code provides the ability to reschedule meetings based on holidays a nd other
circumstances. Council Member Resnick stated that he is unable to attend. Motion carried 7 -0.
COUNCIL MEMBER REPORTS
Council Member Roussell and Mayor Cavanagh reported on attending the National League
of Cities City Summit.
Council Member Sprank reported on volunteering at multiple food giveaways.
CLOSED SESSION
Motion by Jones to convene in closed session at 9:16 p.m. to discuss Purchase or Sale of
Real Estate – Chapter 21.5(1)(j) Code of Iowa. Seconded by Resnick. 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 9:25 p.m. stating that staff had been given
proper direction.
There being no further business, Mayor Cavanagh declared the meeting adjourned at 9:25
p.m.
/s/Adrienne N. Breitfelder, City Clerk