07 05 23 City Council Proceedings Official_ Regular1
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, 2023, in the second-
floor Council Chambers of the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Cavanagh; Council Members Farber, Jones, Roussell, Sprank, Wethal; City
Manager Van Milligen (attended virtually), City Attorney Brumwell.
Absent: Council Member Resnick.
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 Jones to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Farber. Motion carried 6-0.
1. Minutes and Reports Submitted: City Council Proceedings of 6/20/23; Civil Service Com-
mission of 6/14/23; Historic Preservation Commission of 6/15/23; Housing Appeals and Media-
tion Board of 2/21/23; Long Range Planning Advisory Commission of 6/21/23. Upon motion the
documents were received and filed.
2. Notice of Claims and Suits: Robert Davis for property damage; Juan Lampe for property
damage; Matthew Lynch for property damage; Brian Sanger for pro perty damage; LaVonne
Steffensmeier for vehicle damage. Upon motion the documents were received, filed, and re-
ferred to the City Attorney.
3. Disposition of Claims: City Attorney advised that the following claims have been referred
to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool:
Robert Davis for property damage; David Hawkins for vehicle damage; Matthew Lynch for prop-
erty damage; LaVonne Steffensmeier for vehicle damage. Upon motion the documents were
received, filed, and concurred.
4. Approval of City Expenditures: Upon motion the documents were received and filed, and
Resolution No. 206-23 Authorizing the Chief Financial Officer/City Treasurer to make certain
payments of bills that must be paid and approved for payment in accordance with City proce-
dures was adopted.
RESOLUTION NO. 206-23
AUTHORIZING THE CHIEF FINANCIAL OFFICER / CITY TREASURER TO MAKE CERTAIN
PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT IN AC-
CORDANCE 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,
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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 Chief Financial Officer-City Treasurer has provided a list of Expenditures at-
tached hereto, and by this reference made a part hereof, to be dra wn to pay for goods and
services provided for City purposes; and
Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142 -18
adopted May 7, 2018, authorized the Chief Financial Officer -City Treasurer to issue checks in
payment of certain expenditures known as Exception Expenditures prior to City Council ap-
proval 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 Chief Financial Officer-City Treasurer is hereby authorized to issue payment
for goods and services provided for City purposes in response to the purchase orders and con-
tracts issued in compliance with state and municipal code requirements as requested by desig-
nated requisitioning authorities in accordance with approved budget appropriations.
Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Chief Finan-
cial Officer 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 5th day of July, 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
5. Iowa Initiative for Sustainable Communities (IISC) Resolution & Memorandum of Under-
standing (MOU): City Manager recommended City Council adoption of a resolution authorizing
a formal partnership with the University of Iowa’s Iowa Initiative for Sustainable Communities
program in the 2023-2024 academic year. Upon motion the documents were received and filed,
and Resolution No. 207-23 Authorizing a partnership with the Iowa Initiative for Sustainable
Communities, a program of the University of Iowa was adopted.
RESOLUTION NO. 207-23
AUTHORIZING A PARTNERSHIP WITH THE IOWA INITIATIVE FOR SUSTAINABLE COM-
MUNITIES, A PROGRAM OF THE UNIVERSITY OF IOWA
Whereas, the City of Dubuque continually aspires to improve quality of life for all residents;
and
Whereas, mutually beneficial partnerships with public institutions advance the City of Dubu-
que’s community goals; and
Whereas, the Iowa Initiative for Sustainable Communities is a University of Iowa year-long
engagement program built around community-based projects; and
Whereas, the City of Dubuque submitted a Letter of Interest in becoming a community partner
and was selected by the Iowa Initiative for Sustainable Communities for the 2023 -24 academic
year; and
Whereas, the City of Dubuque can expect up to 15 project collaborations with University of
Iowa students, faculty, and staff from a variety of disciplines, as outlined in the IISC partnership
model, for which the City’s total financial contribution would be not more than $50,000; and
Whereas, other local community-based organizations can participate in the partnership and
provide financial support.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dubuque
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authorizes a formal partnership with the University of Iowa’s Iowa Initiative for Sustainable Com-
munities program in the 2023-2024 academic year.
Passed, approved, and adopted this 5th day of July, 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
6. West 1st Street Sanitary Repair Project Reject Recommendation: Upon motion the docu-
ments were received and filed, and Resolution No. 208-23 Rejecting all competitive bid pro-
posals for the W 1st Street Sanitary Repair Project was adopted.
RESOLUTION NO. 208-23
REJECTING ALL COMPETITIVE BID PROPOSALS FOR THE W 1ST STREET SANITARY
REPAIR PROJECT
Whereas, two (2) competitive sealed bid proposal was submitted by two (2) contractors for
the W 1st Street Sanitary Repair Project (the Project) pursuant to Resolution No. 211 -15 and
Notice to Bidders published the City of Dubuque Website www.cityofdubuque.org/bids, Master
Builders of Iowa Plan Room mbiplanroom-dsm@mbionline.com and posted to the Master Build-
ers Construction Update Network on the 6th day of June, 2023; and
Whereas, the two (2) competitive sealed bid proposal were opened and read on the 22nd
day of June 2023; and
Whereas, the City Council has deemed it advisable to reject the two (2) competitive sealed
bid proposals for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. The two (2) competitive sealed bid proposals for the W 1st Street Sanitary Repair
Project are hereby rejected.
Section 2. The City Clerk is authorized and instructed to return the bid deposit of the unsuc-
cessful bidders for the W 1st Street Sanitary Repair Project.
Passed, adopted, and approved this 5th day of July 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
7. Royalwood Subdivision Water Main Loop - North Cascade Road Crossing Project: Ac-
ceptance of Public Improvement Construction Contract: Upon motion the documents were re-
ceived and filed, and Resolution No. 209-23 Accepting the Royalwood Subdivision Water Main
Loop - North Cascade Road Crossing Project and authorizing the payment to the contractor
was adopted.
RESOLUTION NO. 209-23
ACCEPTING THE ROYALWOOD SUBDIVISION WATER MAIN LOOP - NORTH CASCADE
ROAD CROSSING PROJECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR
Whereas, the public improvement contract for the Royalwood Subdivision Water Main Loop
- North Cascade Road Crossing Project (the Project) has been completed by the Contractor,
Midwest Concrete, Inc., (Contractor), and the City Engineer has examined the work and recom-
mends that the Project be accepted; and
Whereas, the final contract amount for the Project is $25,010.12; and
Whereas, the Contractor has previously been paid $23,023.37, leaving a balance of
$1,986.75; and
Whereas, the City Council finds that the recommendation of the City Engineer should be
accepted.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, 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 Contract or the balance of
the retainage of $1,986.75 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 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
8. First Amendment to an Agreement with Kwik Trip, Inc. - Kwik Trip, Inc. Convenience
Store/Gas Station at Intersection of Kerper Boulevard and Kerper Court : Upon motion the doc-
uments were received and filed, and Resolution No. 210-23 Approving the First Amendment to
an Agreement between the City of Dubuque, Iowa and Kwik Trip, Inc. for construction of certain
off-site public roadway improvements at the intersection of Kerper Boulevard and Kerper Court
related to the proposed site improvements at said intersection was adopted.
RESOLUTION NO. 210-23
APPROVING THE FIRST AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA AND KWIK TRIP, INC. FOR CONSTRUCTION OF CERTAIN OFF-SITE
PUBLIC ROADWAY IMPROVEMENTS AT THE INTERSECTION OF KERPER BOULEVARD
AND KERPER COURT RELATED TO THE PROPOSED SITE IMPROVEMENTS AT SAID
INTERSECTION
Whereas, Kwik Trip, Inc. (KTI) has proposed a development project (the Project) at the inter-
section of Kerper Boulevard and Kerper Court; and
Whereas, the City of Dubuque has determined that the Project will require certain improve-
ments to the public right of way of Kerper Boulevard and Kerper Court and KTI agrees that such
improvements are reasonable and necessary; and
Whereas, pursuant to Resolution No. 387-22 the City of Dubuque approved an Agreement
with Kwik Trip, Inc. (KTI) for the construction of off -site public roadway improvements at the
intersection of Kerper Boulevard and Kerpe r Court related to the proposed private site improve-
ments by KTI at the southwest quadrant of said intersection; and
Whereas, the City of Dubuque and KTI desire to amend the original agreement to include
changes in the intersection improvements configuration and associated right of way dedication
area; and
Whereas, the City Council finds that it is in the best interest of the City of Dubuque to approve
the First Amendment to the Agreement attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. The First Amendment to the Agreement attached hereto is hereby approved.
Section 2. The City Manager is authorized and directed to execute the First Amendment to
the Agreement on behalf of the City of Dubuque and to take such action as may be necessary
to carry out the terms of the Agreement.
Passed, approved, and adopted this 5th day of July 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
9. Adoption of the 2023 Edition of the City Supplemental Specifications for the 2023 edition
of Iowa Statewide Urban Design and Specifications (SUDAS) Program : Upon motion the
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documents were received and filed, and Resolution No. 211 -23 Approving adoption of the 2023
Edition of City Supplemental Specifications to the Iowa Statewide Urban Design and Specifica-
tions (SUDAS) Program’s Specification Manual for Public Works Improvements was adopted.
RESOLUTION NO. 211-23
APPROVING ADOPTION OF THE 2023 EDITION OF CITY SUPPLEMENTAL SPECIFICA-
TIONS TO THE IOWA STATEWIDE URBAN DESIGN AND SPECIFICATIONS (SUDAS)
PROGRAM’S SPECIFICATION MANUAL FOR PUBLIC WORKS IMPROVEMENTS
Whereas, City Council Resolution 48-14 Adopted the Statewide Urban Design And Specifi-
cations Program (SUDAS) in 2014; and
Whereas, the City of Dubuque Engineering Department developed supplemental specifica-
tions in 2014 to modify and supplement the SUDAS program, specifically the Construction Spec-
ifications Manual for public improvements; and
Whereas, the City of Dubuque supplemental specifications are intended to be amended and
updated, as necessary to coincide with the current edition of the SUDAS program’s specification
manual for public improvements; and
Whereas, the City of Dubuque Engineering Department has reviewed the 2023 edition of the
SUDAS program’s specification manual and prepared updated Supplemental Specifications to
coincide with the 2023 SUDAS program’s specification manual for public improvements; and
Whereas, the City Council finds that it is in the City’s best in terest to adopt and implement
the City’s 2023 Supplemental Specification to coincide with the 2023 edition of the SUDAS pro-
gram’s specification manual for public works improvements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That the City’s 2023 Supplemental Specification is adopted as an accepted form
of contract for all public works improvements in the City of Dubuque.
Section 2. That the City Manager is authorized to take such actions as are necess ary to
implement the City’s 2023 Supplemental Specification to coincide with the 2023 edition of the
SUDAS program.
Passed, approved, and adopted this 5th day of July 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
10. CCI5, LLC (Joel Callahan) Property Right of Way Plat and Dedication – Future Improve-
ments at the Intersection of Bies Drive, Sylvan Drive and Century Drive : Upon motion the doc-
uments were received and filed, and Resolution No. 212-23 Approving the Acquisition Plat of
Lot 1A of Roger F. and Kathleen A. Klauer Family Place, in the City of Dubuque, Iowa was
adopted.
RESOLUTION NO. 212-23
APPROVING THE ACQUISITION PLAT OF LOT 1A OF ROGER F. AND KATHLEEN A.
KLAUER FAMILY PLACE, 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 January 3, 2023 prepared by The City of Dubuque Engineering Depart-
ment describing Lot 1A of Roger F. and Kathleen A. Klauer Place, 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 CCI5, LLC, by said plat have dedicated to
the public forever.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
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DUBUQUE, IOWA:
Section 1. That the plat dated January 3, 2023 prepared by The City of Dubuque Engineering
Department, relative to the real estate hereinabove described be and the same is hereby ap-
proved, 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 Roger F. and Kathleen A. Klauer Place, in the City
of Dubuque, Iowa, for Right of Way for street and utility purposes, as it appears on said Acqui-
sition 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 5th day of July 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
11. Improvement Contracts / Performance, Payment, and Maintenance Bonds: Ostrom Paint-
ing & Sandblasting, Inc. for the 2023 Pavement Marking Project; Temperly Excavating, Inc. for
the Foothill Ct. Drain Tile Project - 2023; Valentine Construction Co., LLC for the 2023 Asphalt
Overlay Ramp Project Four. Upon motion the documents were received, filed, and approved.
12. Grass and Weed Cutting and Garbage Collection Assessments: Upon motion the docu-
ments were received and filed, and Resolution No. 213-23 Authorizing the city to collect delin-
quent 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. 213-23
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 welfare 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 certi-
fied by the City Clerk to the Dubuque County Treasurer for collection with, and in the sa me
manner as general property taxes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section I. That the persons listed on the attached Grass/Weed/Garbage Assessment Sched-
ule are delinquent in the payment of grass and weed cutting and garbage collection 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 Grass/Weed/Gar-
bage Assessment Schedule are delinquent in the payment of grass and weed cutting and gar-
bage 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 5th day of July, 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
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Location; Legal Description; Owner; Parcel #; Amount; Category
556 Clarke; Lots 1-3, 2-3 & 4 all in Buettell's Sub; Nottingham Properties LLC, 2115 John F
Kennedy Rd Dubuque IA 52002; 1024155052; $112.68; Garbage
1783 Heeb; Lot 2-7 of City Lot 675; Roylline Rentals LLC, 1638 Iowa St Apt 1 Dubuque IA
52001; 1024260007; $325.16; Garbage
705 Rhomberg; SW 1/2 Lot 37 Cooks Add; Nottingham Properties LLC, 2115 John F Ken-
nedy Rd Dubuque IA 52002; 1013484017; $83.84; Garbage
520 W Locust; Lot 4 Quigleys Sub of 710; Mid America Property Management LLC, PO Box
1572 Dubuque IA 52004; 1024178002; $83.84; Ga rbage
623 Arlington; Lot 1-801 & 2-801 A McDaniels Sub; Vault Ventures LLC, 5639 Irina Ct Asbury
IA 52002; 1024377028; $83.84; Garbage
1590 Locust; S 1/2 of N 1/5 of City Lot 474 & N 3' of NM 1/5 of City Lot 474; Mid -America
Property Management LLC PO Box 1572 Dubuque IA 52004-1572; 1024336002; $83.84; Gar-
bage
618 E 22nd; SW 40' Lot 2-2 Min Lot 467; Mid-America Property Management LLC, PO Box
1572 Dubuque IA 52004-1572; 1013464002; $179.02; Garbage
743 University; Lot 7 of City Lot 738; Mid-America Property Management LLC, PO Box 1572
Dubuque IA 52004-1572; 1025104017; $179.02; Garbage
425 Hill; Lot 29 Deming & Horrs Sub; Apgar, Griffith D & Kimberly S, 425 Hill St Dubuque IA
52001; 1025176018; $179.02; Garbage
396 Klingenberg; Lots 1, 2-2, 2-3, 2-3A, In C A Voelker Add; Healz 187 Rentals LLC, 2435
Coates St Dubuque IA 52003; 1024133012; $112.68; Garbage
1497 Jackson; N 35' of N 1/5 of City Lot 494; Mid-America Property Management LLC, PO
Box 1572 Dubuque IA 52004-1572; 1024409006; $132.68; Garbage
423 Loras; Lot 2-3 of City Lot 667; Mid-America Property Management LLC, PO Box 1572
Dubuque IA 52004-1572; 1024338013; $260.36; Garbage
2122 Foye; Lot 2-9 Buettels Sub; Fortin Real Estate LLC, 16728 Budd Rd Dubuque IA 52002;
1024155008; $68.84; Garbage
568 W Locust; Lot 11 Quigleys Sub of 710; Mid-America Property Management LLC, PO Box
1572 Dubuque IA 52004-1572; 1024159009; $214.02; Garbage
2506 Broadway; Lot 1-1-16- John King's Dubuque; Mid-America Property Management LLC
PO Box 1572 Dubuque IA 52004-1572; 1013377014; $239.18; Garbage
37 W 15th; W 28'-S 88.4'-E 1/2-S 2/5 of City Lot 454; Skeleton Closet LLC, 1175 Bluff St Ste
2 Dubuque IA 52001; 1024403008; $720.32; Garbage
1428 Iowa; S 26.38' of SM 1/5 & N 8.2' of N 26'2" of S 1/5 City Lots 455; River Walk Properties
LLC PMB 311 Dubuque IA 52002; 1024407004; $204.02; Garbage
1392 Main; N 60'4" N 2/5 of City Lot 464; Skeleton Closet LLC, 1175 Bluff St Ste 2 Dubuque
IA 52001; 1024411001; $326.86; Garbage
520 W Locust; Lot 4 Quigleys Sub of 710; Mid America Property Management LLC, PO Box
1572 Dubuque IA 52004; 1024178002; $197.52; Garbage
605 Rhomberg; Lot 2 Ten Pin Tap Place; Mid America Property Management LLC, PO Box
1572 Dubuque IA 52004; 1024226008; $93.25; Garbage
1693 Washington; Lot 1-86 East Dubuque Add; Mcdermott Enterprises LLC, 333 E 10th St,
Apt 330 Dubuque IA 52001; 1024268011; $245.36; Garbage
2101 Kniest; Lot 2-3-1-10 Kniest's Sub; Mid-America Property Management LLC, PO Box
1572 Dubuque IA 52004-1572; 1024211016; $176.52; Garbage
35 W 15th; E 22'-S 88.4'-E 1/2-S 2/5 of City Lot 454; Mansa Property Group LLC, 917 North
Harvey Ave Oak Park Il 60302; 1024403009; $304.20; Garbage
2286 Central; W 1/2-S 1/2-Lot 18 & W 1/2- N 1/4-Lot 16P L H Langworthy's Add; Hanen,
8
Shawn C & Christina M 179 S Winter Quarters Road Pampa Tx 79065 -2301; 1024130003;
$1,413.66; Garbage
640 Alta Vista; Lots 38, 2-39, & 2-36 Oxford Hgts; Engelken, Thomas A., 2022 Camelot Dr
Allen Tx 75013; 1025107013; $122.68; Garbage
718 Rhomberg; Ne 49.86' of Lot 17 Cooks Add; Mcdermott Enterprises LLC, 333 E 10th St,
Apt 330 Dubuque IA 52001; 1013485004; $220.36; Garbage
37 W 15th; W 28'-S 88.4'-E 1/2-S 2/5 of City Lot 454; Skeleton Closet LLC, 1175 Bluff St Ste
2 Dubuque IA 52001; 1024403008; $122.68; Garbage
2205 Eagle; Lot 1-2-43 Althauser Sub; Mid-America Property Management LLC, PO Box
1572 Dubuque IA 52004-1572; 1013436008; $122.68; Garbage
1613 Washington; Lot 1-N 33'3" of Lot 82 East Dubuque Add; Mid -America Property Man-
agement LLC PO Box 1572 Dubuque IA 52004-1572; 1024268019; $191.52; Garbage
1428 Iowa; S 26.38' of SM 1/5 & N 8.2' of N 26'2" of S 1/5 City Lots 455; River Walk Properties
LLC PMB 311 Dubuque IA 52002; 1024407004; $563.80; Garbage
37 W 15th; W 28'-S 88.4'-E 1/2-S 2/5 of City Lot 454; Skeleton Closet LLC, 1175 Bluff St Ste
2 Dubuque IA 52001; 1024403008; $189.02; Garbage
2506 Broadway; Lot 1-1-16- John King's Dubuque; Mid-America Property Management LLC
PO Box 1572 Dubuque IA 52004-1572; 1013377014; $189.02; Garbage
1209 Garfield; SW 24.3' of Lot 3 Jungk's Dubuque; Severson, Milton C & Rosemary, 1211
Garfield Ave Dubuque IA 52001; 1118311017; $91.34; Garbage
632 W 8th; Lot 25 Rogers Sub; Budde, Lance A 7697 N Indian Rdg East Dubuque Il 61025;
1025133009; $316.52; Garbage
1613 Washington; Lot 1-N 33'3" of Lot 82 East Dubuque Add; Mid -America Property Man-
agement LLC PO Box 1572 Dubuque IA 52004-1572; 1024268019; $122.68; Garbage
2201 Washington; Lot 2-S 43'-Lot 83 L H Langworthys Add; Mid-America Property Manage-
ment LLC PO Box 1572 Dubuque IA 52004-1572; 1024203017; $210.38; Garbage
1344 Jackson; S 1/2 Lot 54 & N 1/2 Lot 55 Both In East Dubuque Add; N & G Properties LLC
2459 Spring Rose Rd Verona Wi 53593; 1024430006; $210.38; Garbage
520 W Locust; Lot 4 Quigleys Sub of 710; Mid America Property Management LLC, PO Box
1572 Dubuque IA 52004; 1024178002; $54.42; Garbage
460 Loras; Lot 2-5 & The E 1/2 Lot 6 A L Browns Sub; Volgarino Rental LLC, 3817 Tahoe
Ln, Se Cedar Rapids IA 52403; 1024340007; $93.84; Garbage
1876 Central; N 26'5" - N 2/5 of City Lot 436; MZH Properties LLC, PO Box 1293 Dubuque
IA 52004; 1024256001; $93.84; Garbage
921 Garfield; SW 1/2 of Lot 5 Hooper's Add; Rooney, Samantha N, 921 Garfield Ave Dubu-
que IA 52001; 1118353011; $163.75; Garbage
782 Glen Oak; Lot 2-27 & Lot 2-28 S M Langworthys Add; Casper, J Robert & Zoe Ann Or
Their Successors Trustees 1005 Lincoln Ave #321, Dubuque IA 52001; 1026236002; $91.34;
Garbage
807 Garfield; Lot 2 Dreibelbis Add; JK Investments LLC 9120 Long Tail Ln, Dubuque IA
52003; 1013481018; $78.84; Garbage
1590 N Grandview; Lot 60 Woodlawn Park; Tk Properties LLC 9517 Rt 52 S, Dubuque IA
52003; 1023459001; $78.84; Garbage
960 Wilson; Lot 1-3 Cains Sub; Pingman LLC 3364 Hibiscus Ln, Dubuque IA 52001;
1025104007; $130.68; Garbage
618 E 22nd; SW 40' Lot 2-2 Min Lot 467; Mid-America Property Management LLC, PO Box
1572 Dubuque IA 52004-1572; 1013464002; $122.68; Garbage
556 Clarke; Lots 1-3, 2-3 & 4 all in Buettell's Sub; Nottingham Properties LLC, 2115 John F
Kennedy Rd Dubuque IA 52002; 1024155052; $112.68; Garbage
1918 Ellis; W 130' of Lot 46 Cox's Add; Mid-America Property Management LLC, PO Box
9
1572 Dubuque IA 52004-1572; 1024180010; $275.36; Garbage
1497 Jackson; N 35' of N 1/5 of City Lot 494; Mid-America Property Management LLC, PO
Box 1572 Dubuque IA 52004-1572; 1024409006; $132.68; Garbage
2214 Jackson; Lot 1-57 L H Langworthys Add; Blake, Thomas J & Martha J., 115 Skyline Dr
Guttenberg IA 52052; 1024203007; $135.18; Garbage
209 E 22nd; W 33'-W65'-Lot 84 L H Langworhty's Add; Mid-America Property Management
LLC PO Box 1572 Dubuque IA 52004 -1572; 1024203021; $155.18 ; Garbage
1428 Iowa; S 26.38' of Sm 1/5 & N 8.2' of N 26'2" of S 1/5 City Lots 455; River Walk Properties
LLC Pmb 311 Dubuque IA 52002; 1024407004; $284.86; Garbage
1852 White; N 1/2-M 1/5 City Lot 487; Mid-America Property Management LLC, PO Box 1572
Dubuque IA 52004-1572; 1024257004; $166.52; Garbage
1405 Mt Pleasant; E 110' of Lot 1 Oakland Park; Vandelay Property Management LLC, 14053
Kathleen Ct Dubuque IA 52003; 1023461030; $125.18; Garbage
13. 2095 University Avenue Settlement Agreement: Upon motion the documents were re-
ceived and filed, and Resolution No. 214-23 Approving a Settlement Agreement between the
City of Dubuque, Iowa and Metropolitan Life Insurance Company was adopted.
RESOLUTION NO. 214-23
APPROVING A SETTLEMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA,
AND METROPOLITAN LIFE INSURANCE COMPANY
Whereas, the City of Dubuque filed a petition for title to abandoned property for 2095 Univer-
sity Avenue, owned by Dorothy Culbertson; and
Whereas, Dorothy Culbertson is deceased; and
Whereas, Dorothy Culbertson executed a mortgage on the property with the last assignment
of mortgage to Metropolitan Life Insurance Company; and
Whereas, the mortgage has been foreclosed; and
Whereas, in consideration of the agreements set forth in the Settlement Agreement, Metro-
politan Life Insurance Company provides its written consent to a dispositive judgment in the
litigation action, allowing the City to acquire title to the property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA AS
FOLLOWS:
Section 1. The Settlement Agreement attached hereto is hereby approved.
Section 2. The City Manager is hereby authorized and directed to sign the Settlement Agree-
ment on behalf of the City of Dubuque and perform the obligations of the City under the Agree-
ment.
Passed, approved, and adopted this 5th day of July, 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
14. Establishing the Compensation for the City Clerk: Upon motion the documents were re-
ceived and filed, and Resolution No. 215 -23 Establishing the compensation for the City Clerk
was adopted.
RESOLUTION NO. 215-23
ESTABLISHING THE COMPENSATION FOR THE CITY CLERK
Whereas, the City Council appoints the City Clerk; and
Whereas, the City Council from time to time establishes the compensation for the City Clerk.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA, THAT:
10
Section 1. The salary of the City Clerk is hereby established effective July 1, 2023 at
$93,028.18.
Section 2. The salary of the City Clerk shall also be adjusted July 1st of each succeeding
year, by the same percentage as for all other non-bargaining unit employees.
Section 3. The City Clerk shall be entitled to all of the benefits provided to full time non -
bargaining unit employees.
Section 4. The City Clerk shall be entitled to a car allowance equal to 50% of the car allow-
ance provided to the City Manager.
Passed, approved, and adopted this 5th day July, 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
15. Retail Permit Approval for Tobacco, Tobacco Products, Alternative Nicotine Products,
and Vapor Products: Upon motion the documents were received and filed, and Resolution No.
216-23 Approving applications for retail permits to sell Tobacco, Tobacco Products, Alternative
Nicotine Products, and Vapor Products, as required by Iowa Code §453A.47A was adopted.
RESOLUTION NO. 216-23
APPROVING APPLICATIONS FOR RETAIL PERMITS TO SELL TOBACCO, TOBACCO
PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS, AND VAPOR PRODUCTS, AS RE-
QUIRED BY IOWA CODE §453A.47A
Whereas, applications for retail permits to sell tobacco, tobacco produ cts, alternative nicotine
products, vapor products, or a combination of these products have been submitted and filed
with the City Clerk; and
Whereas, the applicants have filed the proper application and fees as required by Iowa Code
§453A.47A; and
Whereas, the Iowa Department of Revenue requires all applications be approved by the City
Council; and
Whereas, all retail permits to sell tobacco, tobacco products, alternative nicotine products,
and vapor products shall expire on June 30 of each year, as establ ished in Iowa Code
§453A.47A(7).
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 follow-
ing named applicants and locations for retail permits to sell one or more of the following as
specified on the retail permit applications: tobacco, tobacco products, alternative nicotine prod-
ucts, and vapor products.
Effective from: July 5, 2023 at 7:30 p.m. to June 30, 2024 at midnight
Business Name Business Address
Fuel Express Food Mart 250 West 1st Street
The Sage Room 30 Main St.
Passed, approved, and adopted this 5th day of July 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Roussell to receive and file the documents, adopt the resolutions, and set the
public hearings as indicated. Seconded by Sprank. Motion carried 6-0.
11
Resolution Setting a Public Hearing on a Proposed Development Agreement by and between
the City of Dubuque, Iowa and 799 Main, LLC Providing for the Issuance of Urban Renewal Tax
Increment Revenue Grant Obligations Pursuant to the Development Agreement : Upon motion
the documents were received and filed and Resolution No. 217-23 Fixing the date for a public
hearing of the City Council of the City of Dubuque, Iowa on a Development Agreement by and
between the City of Dubuque, Iowa and 799 Main, LLC, including the proposed issuance of
Urban Renewal Tax Increment Revenue Obligations relating thereto and providing for the pub-
lication of notice thereof was adopted setting a public hearing for a meeting to commence at
6:30 p.m. on July 17, 2023 in the Historic Federal Building.
RESOLUTION NO. 217-23
FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA ON A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF
DUBUQUE, IOWA AND 799 MAIN, LLC, INCLUDING THE PROPOSED ISSUANCE OF UR-
BAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS RELATING THERETO AND
PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF
Whereas, City and 799 Main, LLC have entered into a Development Agreement, subject to
the approval of the City Council, a copy of which is now on file at the Office of the City C lerk,
City Hall, 50 W. 13th Street, Dubuque, Iowa for the development of property located at 799 Main
Street; and
Whereas, the City Council has tentatively determined that it would be in the best interests of
the City to approve the Development Agreement, with 799 Main, LLC; and
Whereas, it is deemed necessary and advisable that City should authorize Urban Renewal
Tax Increment Revenue obligations, as provided by Iowa Code Chapter 403 pursuant to the
Development Agreement; and
Whereas, before said obligations may be approved, Iowa Code Chapter 403 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 DUBU-
QUE, IOWA:
Section 1. The City Clerk is hereby authorized and directed to cause a notice to be published
as prescribed by Iowa Code Section 403.9 of a public hearing on the City's intent to authorize
Urban Renewal Tax Increment Revenue obligations, to be held on the 17th day of July, 2023,
at 6:30 o'clock p.m. The official agenda will be posted on Friday, July 14, 2023 and will contain
listening, viewing, and public input options. The City Council agenda can be accessed at
https://cityofdubuque.novusagenda.com/AgendaPublic/ or by contacting the City Clerk’s Office
at 563-589-4100, ctyclerk@cityofdubuque.org.
Section 2. The City Council will meet at said time and place for the purpose of taking action
on the matter of authorizing Urban Renewal Tax Increment Revenue obligations and the exe-
cution of the Development Agreement relating thereto with 799 Main, LLC, 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 Greater Downtown Urban Renewal District, consisting of the
funding of economic developme nts grants to 799 Main, LLC pursuant to the Development
Agreement. It is expected that the aggregate amount of the Tax Increment Revenue obligations
to be issued will be approximately $2,382,640.
Section 3. The 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
12
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 issuance of
said obligations.
Section 4. That the notice of the proposed action to issue said obligations shall be in sub-
stantially the form attached hereto.
Passed, approved, and adopted this 5th day of July, 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
2. John F. Kennedy Road and West 32nd Street Intersection Improvement Project : Upon
motion the documents were received and filed and Resolution No. 218-23 John F. Kennedy
Road and W. 32nd Street Intersection Improvement Project: preliminary approval of plans, spec-
ifications, form of contract, and estimated cost; setting date of public hearing on plans, specifi-
cations, form of contract, and estimated cost was adopted setting a public hearing for a meeting
to commence at 6:30 p.m. on July 17, 2023 in the Historic Federal Building.
RESOLUTION NO. 218-23
JOHN F. KENNEDY ROAD AND W. 32ND STREET INTERSECTION IMPROVEMENT PRO-
JECT
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
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
John F. Kennedy Road and W. 32nd Street Intersection Improvement Project, in the estimated
amount $537,537.15, are hereby preliminarily approved and ordered fi led in the office of the
City Clerk for public inspection.
Section 2. A public hearing will be held on the 17th day of July 2023, 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 5th day of July 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
BOARDS/COMMISSIONS
Applications were reviewed for the following Boards and Commissions. Applicants were in-
vited to address the City Council regarding their desire to serve on the following Boards/Com-
missions.
Transit Advisory Board: One, 3-Year Term through July 30, 2026 (Expiring Term of Orwoll).
Applicant: Greg Orwoll, 2635 West 32nd St. Mr. Orwoll spoke in support of his application and
provided a brief biography.
13
PUBLIC HEARINGS
Resolution of Adoption for the proposed Switch Homes Housing Urban Renewal Area : Motion
by Jones to receive and file the documents and adopt Resolution No. 219-23 Approving the
Urban Renewal Plan for the Switch Homes Housing Urban Renewal Area . Seconded by Sprank.
Responding to questions from the City Council, Economic Development Direc tor Jill Connors
stated that the development agreement with Switch Homes previously approved by the City
Council provides for incentives created through the urban renewal area. Ms. Connors further
stated that the increment is collected as the development progresses, with 38.1 % of the incre-
ment allocated to programming and capital projects that benefit low to moderate income house-
holds in the city. The remaining funds are available to reimburse for eligible costs for the devel-
opment. Ms. Connors clarified a typo in her memo, stating that infrastructure improvements are
not limited to the examples listed in the memo. City Attorney Brumwell stated that the amount
of property taxes collected by the city and other taxing bodies remains unchanged during the
timeframe of the development. The city captures the increase in property taxes generated dur-
ing the timeframe of the development. At the end of the 10-year Tax Increment Financing (TIF)
period, all revenue is distributed to all the taxing bodies. City Manager Van Milligen stated that
the Dubuque Community School District supports urban renewal areas because of their enroll-
ment increases resulting from any students who will reside in the newly created residential ar-
eas. All new residents will also support the local economy. Motion carried 6-0.
RESOLUTION NO. 219-23
APPROVING THE URBAN RENEWAL PLAN FOR THE SWITCH HOMES HOUSING URBAN
RENEWAL AREA
Whereas, by Resolution 177-23 on June 5, 2023, the City Council of the City of Dubuque,
Iowa authorized the preparation of an Urban Renewal Plan (the “Plan") for the Switch Homes
Housing Urban Renewal Area (the "Area"); and
Whereas, the City of Dubuque's primary objective for the Plan is to provide public improve-
ments related to housing and residential developme nt and provide housing opportunities, in-
cluding assistance for low and moderate income family housing, which will further economic
development purposes and objectives as described in the Plan in the Area; and
Whereas, a consultation process has been undertaken with affected taxing entities in accord-
ance with Chapter 403 of the Code of Iowa with no written objections or recommended changes
to the Amended and Restated Plan received; and
Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a
public hearing on the proposed Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That the Urban Renewal Plan for the Switch Homes Housing Urban Renewal Area,
on file in the City Clerk's Office and made reference to herein, is hereby approved.
Section 2. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and directed
to file a certified copy of this Resolution in the office of the Dubuque County Auditor.
Passed, approved, and adopted this 5th day of July, 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
2. Voluntary Annexation Request - City of Dubuque Engineering Department (applicant) and
the Iowa Department of Transportation (property owner): Motion by Roussell to receive and file
the documents and adopt Resolution No. 220-23 Approving an application for voluntary
14
annexation of territory to the City of Dubuque, Iowa. Seconded by Wethal. Motion carried 6 -0.
RESOLUTION NO. 220-23
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 f rom the City of
Dubuque Engineering Department (applicant) and the Iowa Department of Transportation (prop-
erty owner) for the voluntary annexation of 4.56 acres of property. The property is comprised of
public right-of-way along Westside Drive and land to the south of Westside Drive and east of
Westside Court as shown on Exhibit A and legally described as:
All of Lot 2 of Weber Acres In Dubuque County, Iowa, As Originally Platted and shown on
The Final Plat of Weber Acres, Dubuque County, Iowa, Per Instrument Number 11187-
00 in the Dubuque County Recorder’s Office, dated August 2, 2000, Containing 4.56
Acres, which includes 1.34 Acres of Existing Public Road Right of Way.
The intent of this description is to include all of said Lot 2 of Weber Acres As Origin ally
Platted, Including that part of said Lot 2 of Weber Acres included in the Condemnation
Document per Instrument Number 18684-01 in the Dubuque County Recorder’s Office.
Whereas, the annexation territory is not subject to an existing annexation moratori um agree-
ment and does not include any railroad property; and
Whereas, Chapter 368 of the Code of Iowa authorizes this annexation by adoption of a res-
olution and required notification; and
Whereas, Chapter 368.5 allows territory owned by the state of Iowa to be annexed provided
the attorney general is served with notice of the hearing and copy of the proposal; and
Whereas, the City of Dubuque has provided notice of the hearing and copy of the proposal
to the attorney general; 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 services 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 DUBU-
QUE, IOWA:
Section 1. That the application for the voluntary annexation of property by the City of Dubu-
que Engineering Department (applicant) and the Iowa Department of Transportation (property
owner) consisting of 4.56 acres as shown on Exhibit A is hereby approved for annexation to the
City of Dubuque.
Section 2. That, subject to the approval of the City Development Board, the corporate limits
of the City of Dubuque be and they hereby are extended to include the approximately 4.56 acres
of annexation territory as shown on Exhibit A Annexatio n Map and Exhibit C Annexation Legal
Description.
Section 3. That the City Council does hereby certify that the City of Dubuque has complied
with the notice and hearing requirements of the Iowa Code pertaining to 100% voluntary annex-
ation of territory within the urbanized area of another city.
Section 4. That if the City Development Board approves this annexation, 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 City Development Board of the State of Iowa in accordance with
the provisions of Chapter 368 of the Iowa Code.
Passed, approved, and adopted this 5th day of July 2023.
15
Brad M. Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
3. Weber Acres Rezoning Request: 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. Planning Services Manager Wally Wernimont provided a staff report. Motion carried 6 -
0.
Motion by Jones for final consideration and passage of Ordinance No. 32-23 Amending Title
16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying
hereinafter described parcel of land located along Westside Drive from County M -2 Heavy In-
dustrial to City CS Commercial Service and Wholesale concurrently with annexation i nto the
City of Dubuque. Seconded by Farber. Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 32-23
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DE-
VELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PARCEL OF
LAND LOCATED ALONG WESTSIDE DRIVE FROM COUNTY M-2 HEAVY INDUSTRIAL TO
CITY CS COMMERCIAL SERVICE AND WHOLESALE CONCURRENTLY WITH ANNEXA-
TION INTO THE CITY OF DUBUQUE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, 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 County M -2
Heavy Industrial to City CS Commercial Service and Wholesale to wit:
All of Lot 2 of Weber Acres in Dubuque County, Iowa, as Originally Platted and Shown
on the Final Plat of Weber Acres, Dubuque County, Iowa, Per Instrument Number 11187 -
00 in the Dubuque County Recorder’s O ffice, Dated August 2, 2000, Containing 4.56
Acres, Which Includes 1.34 Acres of Existing Public Road Right of Way.
The intent of this description is to include all of said Lot 2 of Weber Acres as originally
platted, including that part of said Lot 2 of We ber Acres included in The Condemnation
Document Per Instrument Number 18684-01 in the Dubuque County Recorder’s Office.
Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Ad-
visory 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 2023.
/s/Brad M. Cavanagh, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on the 11th day of July, 2023.
/s/Adrienne N. Breitfelder, City Clerk
PUBLIC INPUT
Clark Schloz, 2925 Burlington St., provided input in favor of automated speed cameras.
ACTION ITEMS
1. Update on Water & Resource Recovery Center Odor Abatement Efforts: Motion by Farber
to receive and file the documents. Seconded by Jones. Responding to a question from the City
16
Council regarding the estimated timeframe to execute the process outlined in Water and Re-
source Recovery Center (W&RRC) Manager William O’Brien’s memo, City Manager Van Milli-
gen stated that Mr. O’Brien was unable to attend the City Council meeting and that a written
response will be provided to the City Council. City Council Members thanked city staff for their
efforts on odor abatement. Motion carried 6-0.
2. Tax Increment Ordinance for the Switch Homes 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 6-0.
Motion by Jones for final consideration and passage of Ordinance No. 33 -23 Providing that
general property taxes levied and collected each year on all property located within the Switch
Homes 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 indebtedness, including bonds issued
or to be issued, incurred by said city in connection with said Switch Homes Housing Urban
Renewal Area. Seconded by Wethal. Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 33-23
PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR
ON ALL PROPERTY LOCATED WITHIN THE SWITCH HOMES HOUSING URBAN RE-
NEWAL 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 DIS-
TRICTS, 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 SWITCH
HOMES HOUSING URBAN RENEWAL AREA
Whereas, the City Council of the City of Dubuque, Iowa, after public notice and hearing as
prescribed by law and pursuant to Resolution No. 219 -23 passed and approved on the 5th day
of July, 2023, adopted an Urban Renewal Plan (the "Urban Renewal Plan") for an urban renewal
area known as the Switch Homes Housing Urban Renewal Area (the "Urban Renewal 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 di vision 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) Project Area shall include that area described as follows:
Being a part of Lot 2 of Dondelinger Place as recorded in Book 1991, Page 11917 of
the Dubuque County Recorder’s Office and part of Mozena Farm South as recorded in
Book 2005, Page 17498 of the Dubuque County Recorder’s Office, in the City of Dubuque,
17
Dubuque County, Iowa described as:
Beginning at the Northwest Corner of said Lot 2; thence N72°27’42”E, 2,194.85 feet;
thence N56°07’31”E, 396.82 feet; thence S33°52’29”E, 394.69 feet; thence S50°29’15”E,
130.26; thence N89°40’48”E, 130.97 feet; thence N77°22’37”E, 173.84 feet; thence
S02°16’36”E, 415.43 feet; thence S90°00’00”W, 268.87 feet; thence N58°02’17”W, 166.25
feet; thence S18°08’06”W, 109.49 feet; thence S34°21’32”E, 246.96 feet; thence
S27°57’58”E, 125.44 feet; thence N63°50’06”E, 9.82 feet; thence S08°12’40”W, 197.54
feet; thence S30°22’45”E, 321.69 feet; thence S19°35’15”E, 239.99 feet; thence
S65°31’10”W, 39.88 feet; thence S61°48’26”W, 235.25 feet; thence S88°18’27”W, 119.49
feet; thence S17°53’14”W, 96.62 feet; thence S19°29’58”E, 205.01 feet; thence
S88°55’46”W, 42.16 feet; thence N19°29’58”W, 205.21 feet; thence N17°53’14”E, 1 38.38
feet; thence N88°18’27”E, 138.30 feet; thence N61°48’26”E, 231.62 feet; thence
N19°35’15”W, 199.20 feet; thence N30°22’45”W, 317.91 feet; thence N08°12’40”E,
168.21 feet; thence N27°57’58”W, 96.14 feet; thence N27°57’12”W, 98.47 feet; thence
N34°21’32”W, 228.16 feet; thence N24°30’57”W, 122.74 feet; thence S88°34’08”W,
169.93; thence N72°15’00”W, 110.53 feet; thence S86°36’29”W, 110.92; thence
S13°21’23”E, 125.00 feet; thence 30.03 feet along a 195.50 foot radius curve concave
Southerly (chord bearing S72°14’35”W, 30.00 feet); thence N22°09’26”W, 123.41 feet;
thence S58°21’30”W, 114.03 feet; thence S40°44’49”W, 194.12 feet; thence
S31°11’14”W, 67.99 feet; thence S59°14’39”W, 101.31 feet; thence N01°51’39”W, 168.56
feet; thence S88°44’30”W, 1,330.51 feet; thence S00°32’54”E, 49.50 feet; thence
S68°31’02”W, 279.63 feet; thence S02°07’32”E, 725.50 feet; thence N76°38’23”W, 10.43
feet; thence 71.26 feet along a 787.25 foot radius curve concave Southerly (chord bearing
N79°13’57”W, 71.24 feet); thence N02°09’42”W, 258.41 feet; thence S87°00’09”W, 55.34
feet; thence N02°10’30”W, 595.45 feet to the Point of Beginning ; and
The immediately adjacent right of way to the area previously described of the Northwest
Arterial lying within the corporate limits of the City of Dubuque described as:
Commencing at the Northwest Corner of said Lot 2; thence N72°27’42” E, 826.19 feet
to the Point of Beginning; thence N17°32’18”W, 266.57 feet; thence N74°33’33”E, 1369.58
feet; thence S17°32’18”E, 216.44 feet; thence S72°27’42”W, 1368.66 feet to the Point of
Beginning. All in the City of Dubuque, Iowa
(b) Urban Renewal Plan shall mean the Urban Renewal Plan for the Switch Homes Hous-
ing Urban Renewal Area, approved by Resolution No. 219-23 on July 5th, 2023, 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, 2023, being January 1 of the calendar year preceding the first calendar y ear 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
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when collected be paid into a special tax increment fund of the City of Dubuque, Iowa he reby
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 40 3.19 shall be col-
lected against all taxable property within the 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 the 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 terri-
tory 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 5th day of July, 2023.
/s/Brad M. Cavanagh, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on the 11th day of July, 2023.
/s/Adrienne N. Breitfelder, City Clerk
3. Fiscal Year 2024 Arts & Culture Operating Support Grant Funding Recommendation : Mo-
tion by Roussell to receive and file the documents and approve with the Arts & Cultural Affairs
Advisory Commission recommendation to fund the FY2024 Operating Support grant applica-
tions. Seconded by Farber. City Council Members expressed enthusiasm for the funding to
support various organizations and thanked the Arts & Cultural Affairs Advisory Commission for
their work in selecting the organizations to award funds. Motion carried 6 -0.
4. Fiscal Year 2024 Arts & Culture Special Projects Grant Funding Recommendation : Motion
by Sprank to receive and file the documents and approve the Arts & Cultural Affairs Advisory
Commission recommendation to fund the FY2024 Special Projects grant applications.
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Seconded by Jones. Motion carried 6-0.
5. Fiscal Year 2024 Purchase of Services Grant Recommendations & Agreements: Motion
by Jones to receive and file the documents and adopt Resolution No. 221 -23 Authorizing exe-
cution of FY24 Purchase of Services Grant Agreements. Seconded by Farber. Responding to
a question from the City Council, Housing and Community Development Director Alexis Steger
stated that this set of agreements encompasses all agreements that will be approved in FY24 .
Motion carried 6-0.
RESOLUTION NO. 221-23
AUTHORIZING EXECUTION OF FY24 PURCHASE OF SERVICES GRANT AGREEMENTS
Whereas, the following non-profit organizations prepared and submitted requests to provide
support for human service programs in the City of Dubuque:
• Crescent Community Health Center
• Four Mounds Foundation
• Four Oak Family and Children’s Services
• Multicultural Family Center
• Riverview Center
• St. Mark Youth Enrichment; and
Whereas, the City Council approved the Fiscal Year 2024 budget that included the Purchase
of Services allocation; and
Whereas, the submissions have been approved by the Comm unity Development Advisory
Commission on May 17, 2023; and
Whereas, all services provided will be to a minimum of 51% low/moderate income residents.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That the Funding Approval/Agreements, authorized by the Community Develop-
ment Advisory Commission beginning July 5, 2023 for Purchase of Services Grants to the afore-
mentioned organizations be approved.
Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to exe-
cute said Agreement and related documents on behalf of the City of Dubuque, Iowa.
Passed, approved, and adopted this 5th day of July 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
6. Proceedings to Direct Advertisement for Sale of $6,250,000 Taxable General Obligation
Bonds, Series 2023A, Approval of the Preliminary Official Statement, and Approval of Electronic
Bidding Procedures: Motion by Wethal to receive and file the documents and adopt Resolution
No. 222-23 Setting the date for the sale of Taxable General Obligation Corporate Purpose
Bonds, Series 2023A and authorizing the use of a preliminary official statement in connection
therewith. Seconded by Farber. Motion carried 6 -0.
RESOLUTION NO. 222-23
RESOLUTION SETTING THE DATE FOR THE SALE OF TAXABLE GENERAL OBLIGA-
TION CORPORATE PURPOSE BONDS, SERIES 2023A AND AUTHORIZING THE USE OF
A PRELIMINARY OFFICIAL STATEMENT IN CONNECTION THEREWITH
Whereas, the City of Dubuque (the “City”), in Dubuque County, Stat e of Iowa, heretofore
proposed to enter into a loan agreement (the “Municipal Buildings Loan Agreement”) and to
borrow money thereunder in a principal amount not to exceed $450,000, pursuant to the provi-
sions of Section 384.24A of the Code of Iowa, for the purpose of undertaking repairs and
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improvements for municipal buildings, and in lieu of calling an election upon such proposal, has
published notice of the proposed action and has held a hearing thereon, and as of April 17,
2023, no petition had been filed with the City asking that the question of entering into the Mu-
nicipal Buildings Loan Agreement; and
Whereas, the City also proposed to enter into a loan agreement (the “Parking Ramp Facilities
Loan Agreement”) and to borrow money thereunder in a princip al amount not to exceed
$450,000, pursuant to the provisions of Section 384.24A of the Code of Iowa, for the purpose
of undertaking repairs and improvements to municipal parking ramp facilities, and in lieu of call-
ing an election upon such proposal, has pu blished notice of the proposed action and has held
a hearing thereon, and as of April 17, 2023, no petition had been filed with the City asking that
the question of entering into the Parking Ramp Facilities Loan Agreement; and
Whereas, the City also proposed to enter into a loan agreement (the “Five Flags Arena Loan
Agreement”) and to borrow money thereunder in a principal amount not to exceed $700,000,
pursuant to the provisions of Section 384.24A of the Code of Iowa, for the purpose of undertak-
ing repairs and improvements to the Five Flags Arena facilities, and in lieu of calling an election
upon such proposal, has published notice of the proposed action and has held a hearing
thereon, and as of April 17, 2023, no petition had been filed with the City aski ng that the question
of entering into the Five Flags Arena Loan Agreement; and
Whereas, the City also proposed to enter into a loan agreement (the “Urban Renewal Loan
Agreement” and together with the Municipal Buildings Loan Agreement, the Parking Ramp Fa-
cilities Loan Agreement, and the Five Flags Arena Loan Agreement, the “Loan Agreements”),
pursuant to the provisions of Section 384.24A and Section 384.24.3(q) of the Code of Iowa, and
to borrow money thereunder in a principal amount not to exceed $4,650,000 for the purpose of
paying the costs, to that extent, of undertaking the Mystique Community Ice Center (Dubuque
Ice Arena) Settling Remediation and Building Improvements Project, an authorized urban re-
newal project in the Dubuque Greater Downtown Urban Renewal Area, and in lieu of calling an
election upon such proposal, has published notice of the proposed action and has held a hearing
thereon, and as of April 17, 2023, no petition had been filed with the City asking that the question
of entering into the Urban Renewal Loan Agreement; and
Whereas, pursuant to the provisions of Section 384.28 of the Code of Iowa, the City com-
bined its authority under the Loan Agreements into a single loan agreement (the “Loan Agree-
ment”); and
Whereas, a Preliminary Official Statement (the “P.O.S.”) has been prepared to facilitate the
sale of Taxable General Obligation Corporate Purpose Bonds, Series 2023A (the “Bonds”) to
be issued in evidence of the obligation of the City under the Loan Agreement, and it is now
necessary to make provision for the approval of the P.O.S. and to authorize its use by Inde-
pendent Public Advisors, LLC, as municipal financial advisor (the “Municipal Advisor”) to the
City; and
Whereas, it is now necessary to set the date for the sale of the Bonds and to make provision
for the advertisement thereof;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA, AS FOLLOWS:
Section 1. The City Staff are hereby authorized to take such action as shall be deemed nec-
essary and appropriate, with the assistance of Dorsey & Whitney LLP (the “Disclosure Coun-
sel”), as bond and disclosure counsel to the City, and the Municipal Advisor, to prepare the
P.O.S. describing the Bonds and providing for the terms and conditions of their sale, and all
action heretofore taken in this regard is hereby ratified and approved.
Section 2. The use by the Municipal Advisor of the P.O.S. relating to the Bonds in substan-
tially the form as has been presented to and considered by the City Council is hereby approved,
and the Municipal Advisor, together with Disclosure Counsel, are hereby authorized to p repare
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and use a final Official Statement for the Bonds substantially in the form of the P.O.S. but with
such changes therein as are required to conform the same to the terms of the Bonds and the
resolution, when adopted, providing for the sale and issuance of the Bonds, and the Chief Fi-
nancial Officer is hereby authorized and directed to execute a final Official Statement for the
Bonds, if requested. The P.O.S. as of its date is deemed final by the City within the meaning of
Rule 15(c)(2)-12 of the Securities and Exchange Commission.
Section 3. Sealed bids for the purchase of the Bonds shall be received and canvassed on
behalf of the City until 10:00 a.m. on July 17, 2023, at the City Hall in the City, and the City
Council shall meet at the same place, on the same date, at 6:30 p.m., for the purpose of con-
sidering such bids received and considering and passing a resolution providing for the award of
the Bonds, and the Municipal Advisor is hereby authorized and directed to disseminate the no-
tice of said sale, in compliance with the Internal Revenue Service regulations governing “Issue
Price” determinations, such notice to minimally contain information regarding Establishment of
Issue Price set forth in the “Terms of Offering” attached to the P.O.S. and to be in such form as
the Municipal Advisor may deem to be appropriate.
Section 4. Pursuant to Section 75.14 of the Code of Iowa, the City Council hereby authorizes
the use of electronic bidding procedures for the sale of the Bonds through PARITY®, and hereby
finds and determines that the PARITY® competitive bidding system will provide reasonable se-
curity and maintain the integrity of the competitive bidding process and will facilitate the delivery
of bids by interested parties under the circumstances of this bond sale.
Section 5. All resolutions or parts thereof in conflict herewith are hereby repealed to the extent
of such conflict.
Section 6. This resolution shall be in full force and effect immediately upon its adoption and
approval, as provided by law.
Passed and approved July 5, 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
7. Federal Transit Administration (FTA) 5339 Bus and Bus Facilities Low or No Emission
Grant Award: Motion by Jones to receive and file the documents. Seconded by Sprank. Re-
sponding to questions from the City Council, Director of Transportation Services Ryan Knuckey
stated that he has conversed with many other cities regarding electric buses and that the city’s
gradual approach to acquiring the buses is beneficial since the technology continues to ad-
vance. Mr. Knuckey further stated that the city has adequate time to purchase the new buses
with the grant funds that the grant also includes training for city staff on operating, maintaining,
and working with the vehicles. City Council Members expressed enthusiasm toward building the
city’s electric fleet. Motion carried 6-0.
8. Work Session Request: State Legislation/Property Tax Reform – Impact on City Revenue:
Motion by Roussell to receive and file the document s and schedule the work session for July
17, 2023, at 5:30 p.m. Seconded by Farber. Motion carried 6 -0.
9. Work Session Request: State and Federal Grant Updates: Motion by Jones to receive and
file the documents and schedule the work session for August 21, 2023, at 5:00 p.m. Seconded
by Sprank. Motion carried 6-0.
10. Work Session Request: Travel Dubuque: Motion by Farber to receive and file the docu-
ments and schedule the work session for August 21, 2023, at 6:00 p.m. Seconded by Jones.
Motion carried 6-0.
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11. Marshallese Video on Air Quality: Motion by Roussell to receive and file the documents
and view the video. Seconded by Sprank. Chief of Equity and Human Rights Gisella Aitken -
Shadle introduced a video of the June 28, 2023 air quality warning deliver ed in Marshallese.
The video can be viewed at: https://youtu.be/IaQjs93Olaw. Motion carried 6-0.
COUNCIL MEMBER REPORTS
Council Member Jones congratulated Assistant Fire Chief David Grass on his new position.
Council Members Sprank and Farber respectively reported on the Comiskey Park celebra-
tion.
Mayor Cavanagh also reported on the Comiskey Park celebration and the 3rd of July fire-
works and air show.
CLOSED SESSION
Motion by Jones to convene in closed session at 7:31 p.m. to discuss Professi onal Evalua-
tion(s) – Chapter 21.5(1)(i) Code of Iowa. Seconded by Wethal. Motion carried 6-0.
The City Council reconvened in open session at 8:04 p.m. stating that staff had been given
proper direction.
ADJOURNMENT
There being no further business, Mayor Cavanagh declared the meeting adjourned at 8:04
p.m.
/s/Adrienne N. Breitfelder, CMC, City Clerk