07 17 23 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special session at 5:30 p.m. on July 17, 2023, in the second -
floor Council Chambers of the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Cavanagh; Council Members Farber, Resnick, Roussell, Sprank, Wethal;
City Manager Van Milligen, City Attorney Brumwell.
Absent: Council Member Jones.
Mayor Cavanagh read the call and stated this is a special session of the City Council called
for the purpose of conducting a work session on state legislation and property tax reform’s im-
pact on city revenue.
WORK SESSION
State Legislation/Property Tax Reform – Impact on City Revenue
Chief Financial Officer Jennifer Larson made a presentation on recent state legislation and
property tax reform’s impact on city revenue. Ms. Larson responded to questions from the City
Council regarding the parameters that would subject projects to a referendum and the new tax
statement mailing process. Ms. Larson stated that the city’s budget hearing schedule may be
altered in future years due to the extended deadline to certify the budget. City Manager Van
Milligen stated that state legislators have communicated their intention to consider changes to
the local option sales tax (LOST), tax increment financing (TIF), and property taxes in future
years. City Council Members discussed how the state legislation will impact city services and
their history of being fiscally responsible.
City Attorney Brumwell suggested the City Council go into closed session in the remaining
time before regular session.
CLOSED SESSION
Motion by Roussell to convene in closed session at 6:12 p.m. to discuss Purchase or Sale of
Real Estate – Chapter 21.5(1)(j) Code of Iowa. Seconded by Wethal. 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 6 -0.
The City Council reconvened in open session at 6:28 p.m. stating that staff had been given
proper direction.
There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:28
p.m.
/s/Adrienne N. Breitfelder, CMC, City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on July 17, 2023, in the second-
floor Council Chambers of the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Cavanagh; Council Members Farber, Resnick, Roussell, Sprank, Wethal;
City Manager Van Milligen, City Attorney Brumwell.
Absent: Council Member Jones.
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 6-0.
1. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 4/25/23
and 5/23/23; City Council Proceedings of 6/26/23, 6/28/23, and 7/5/23; Zoning Board of Adjust-
ment of 6/22/23; Proof of Publication for City Council Proceedings of 5/31/23 and 6/5/23. Upon
motion the documents were received and filed.
2. Notice of Claims and Suits: Joseph Ede for property damage; Denise Hackbarth for vehicle
damage; Lawrence Herrig for property damage; Thomas and Sandra Sitzmann for property
damage; Teresa Stegall for personal injury; Michael Thill for property damage. Upon motion the
documents were received, filed, and referred to the City Attorney.
3. Disposition of Claims: City Attorney advised that the following claims have been referred
to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool:
Joseph Ede for property damage; Denise Hackbarth for vehicle damage; Lawrence Herrig for
property damage; Juan Lampe for property damage; Brian Sanger for property damage;
Thomas and Sandra Sitzmann for property damage; Teresa Stegall for personal injury; Michael
Thill for property 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. 223-23 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. 223-23
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, 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 requ isitioned 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 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 Chief Financial Officer -City Treasurer to issue checks in
payment of certain expenditures known as Exception Expenditures prior to City Council approval
and such list is attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 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 17th day of July, 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
5. Corrected Legal Description by Resolution for Urban Renewal Plan for the Dubuque In-
dustrial Center Economic Development District, Version 2022.3 : Upon motion the documents
were received and filed, and Resolution No. 180-23-A Nunc Pro Tunc correcting and amending
a scrivener's error in certain legal descriptions included in the Urban Renewal Plan for the Dubu-
que Industrial Center Economic Development District was adopted.
RESOLUTION NO. 180-23-A
NUNC PRO TUNC CORRECTING AND AMENDING A SCRIVENER'S ERROR IN CERTAIN
LEGAL DESCRIPTIONS INCLUDED IN THE URBAN RENEWAL PLAN FOR THE DUBUQUE
INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT
Whereas, by Resolution No. 180-23, adopted June 5, 2023, this Council found and deter-
mined that certain areas located within the City and County are eligible and should be desig-
nated as an urban renewal area under Iowa law, and approved and adopted the Urban Rene wal
Plan (the "Urban Renewal Plan" or "Plan") for the Dubuque Industrial Center Economic Devel-
opment District (the "Urban Renewal Area" or "Area") described therein; and
Whereas, the Urban Renewal Plan approved and adopted by Resolution No. 180 -23 con-
tained a scrivener's error in the legal description of the Urban Renewal Project Area; and
Whereas, correcting the scrivener's error does not change the parcels of land which were
intended to be included in the Urban Renewal Area; and
Whereas, the Council has determined to adopt this resolution nunc pro tunc, correcting the
scrivener's error in the legal description of the Urban Renewal Project Area contained in the
Urban Renewal Plan for the Urban Renewal Area.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA:
Section 1. That the findings and conclusions set forth or contained in the Urban Renewal Plan
concerning the area of the City of Dubuque, State of Iowa, described in the preamble hereof
and in Resolution No. 180-23, be and the same are hereby ratified and confirmed in all respects
as the findings of this Council for the Urban Renewal Area with the exception of the amended
legal description as set forth below.
Section 2. The legal description of the Urban Renewal Project Area contained in the Urban
Renewal Plan approved and adopted by Resolution No. 180 -23 on June 5, 2023, is hereby
corrected, nunc pro tunc, to provide as set forth in the legal descriptions of such area at tached
hereto as Attachment D.
Section 3. The attached Attachment D shall be substituted in lieu of the original Attachment
D contained in the Urban Renewal Plan.
Section 4. That all other provisions of the Urban Renewal Plan not affected or otherwise
revised by this resolution, as well as all resolutions previously adopted by this City Council re-
lated to the Urban Renewal Plan be and the same are hereby ratified, confirmed an d approved
in all respects.
Passed, approved, and adopted this 17th day of July, 20223.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
6. Engineering Technician Additional Position Request : City Manager recommended City
Council approval to add a non-exempt (hourly), full-time (1.0 FTE) Engineering Technician po-
sition to save money by reducing overtime and reducing the need to hire private engineering
consultants that bill out at much higher rates. Upon motion the documents were received, filed,
and approved.
7. Approval of Plat of Survey of Lot 1B of Roger F. and Kathleen A. Klauer Family Place, in
the City of Dubuque, Iowa for Vacating Petition (Agreement Between City of Dubuque and CCI5,
LLC): Upon motion the documents were received and filed, and Resolution No. 224-23 Approv-
ing Plat of proposed vacated portion of Bies Drive, in the City of Dubuque, Iowa, to be known
as Lot 1B of Roger F. and Kathleen A. Klauer Family Place, in the City of Dubuque, Iowa was
adopted.
RESOLUTION NO. 224-23
APPROVING PLAT OF PROPOSED VACATED PORTION OF BIES DRIVE, IN THE CITY OF
DUBUQUE, IOWA, TO BE KNOWN AS LOT 1B 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, a plat
dated July 10, 2023 prepared by the City of Dubuque Engineering Department, showing the
proposed vacated area of a portion of Bies Drive, in the City of Dubuque, Iow a and assigned a
lot number thereto, to be known as Lot 1B of Roger F. and Kathleen A. Klauer Family Place, in
the City of Dubuque, Iowa; and
Whereas, said plat conforms to the laws and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That the plat dated July 10, 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 for and on behalf of the City of Dubuque, Iowa.
Section 2. The City of Dubuque reserves a public utility easement over the entirety of said
Lot 1B.
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 17th day of July, 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
8. Agreement with Dennis R. Walker for the Vacation and Sale of National Street Right of
Way South of Burlington Street Adjacent to Walker Property at 3009 Burlington Street : Upon
motion the documents were received and filed, and Resolution No. 225-23 Approving an Agree-
ment between the City of Dubuque, Iowa and Dennis R. Walker was adopted.
RESOLUTION NO. 225-23
APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DENNIS
R. WALKER
This Agreement, dated for reference purposes the 7th day of July, 2023 is made and exe-
cuted between the City of Dubuque, Iowa, (City), a municipal corporation, and Dennis R. Walker
(Walker).
Whereas, Walker is requesting the vacation and sale of the 6,000 square feet of the National
Street right of way south of Burlington Street, in order to accommodate the construction of new
private driveway to access the rear yard of the property at 3900 Bu rlington Street; and
Whereas, Walker and City desire to enter into an agreement with respect to the proposed
right of way vacation as set forth herein; and
Whereas, a copy of the Agreement is attached hereto; and
Whereas, Dennis R. Walker, has executed the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1 The Agreement attached hereto is hereby approved.
Section 2 The City Manager is authorized and directed to execute the Agreement on behalf
of the City of Dubuque
Passed, approved, and adopted this 17th day of July, 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
9. Iowa Department of Transportation Funding Agreement for Statewide Transportation In-
novation Council Incentive Program Project: Upon motion the documents were received and
filed, and Resolution No. 226-23 Approving a Funding Agreement (ST-018) with the Iowa De-
partment of Transportation for a Statewide Transportation Innovation Council (STIC) Grant that
will continuously monitor and report on the performance of signalized intersections within the
City of Dubuque was adopted.
RESOLUTION NO. 226-23
APPROVING A FUNDING AGREEMENT (ST-018) WITH THE IOWA DEPARTMENT OF
TRANSPORTATION FOR A STATEWIDE TRANSPORTATION INNOVATION COUNCIL
(STIC) GRANT THAT WILL CONTINUOUSLY MONITOR AND REPORT ON THE PERFOR-
MANCE OF SIGNALIZED INTERSECTIONS WITHIN THE CITY OF DUBUQUE
Whereas, the program will provide an online dashboard to traffic management for evaluating
the performance of Dubuque’s system -wide traffic signals; and
Whereas, the program will be used by traffic management to identify problem intersections
and corridors that can then be selected as candidates for signal retiming improvements; and
Whereas, the total cost for this program is estimated at $80,000.00. The Statewide Transpor-
tation Innovation Council Grant will fund $65,000 of this project, and the remaining cost, $15,000
would be funding by the State of Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA, THAT:
Section 1. That said Iowa Statewide Transportation Innovation Council (STIC) Incentive Pro-
gram grant funding will be used within the City of Dubuque to continuously monitor and report
on the performance of signalized intersections within the City of Dubuque for one year is hereby
approved.
Section 2. That the City Manager be authorized and directed to execute said Funding Agree-
ment (Agreement No. ST-018) for Iowa Statewide Transportation Innovation Council (STIC) In-
centive Program called Hyperflow that will continuously monitor and report on the performance
of signalized intersections within the City of Dubuque for one year.
Passed, approved, and adopted this 17th day of July 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, CMC City Clerk
10. Fiscal Year 2023 and 2024 Contracted Service Agreement: DuRide : Upon motion the
documents were received, filed, and approved.
11. Signed Contract(s): RACOM for the Dubuque Water Distribution Harris P25 Radio Equip-
ment. Upon motion the documents were received and filed.
12. Communications Assistant Position: City Manager recommended City Council approval
to combine the currently vacant 0.5 FTE Communications Assistant position in the Public Infor-
mation Office and the currently vacant 0.7 FTE Marketing Coordinator position at the Airport to
create a 1.0 FTE Communications Assistant position in the Public Information Office. Upon mo-
tion the documents were received, filed, and approved.
13. City Fiscal Year 2024 Update to Dubuque County Resource Enhancement and Protection
Program (REAP) 5-Year Plan: Upon motion the documents were received, filed, and approved.
14. Adoption of Supplement Number 2023 S-11 to the City of Dubuque Code of Ordinances:
Upon motion the documents were received and filed, and Resolution No. 227 -23 Adopting Sup-
plement No. 2023 S-11 to the Code of Ordinances of the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 227-23
ADOPTING SUPPLEMENT NO. 2023 S-11 TO THE CODE OF ORDINANCES OF THE CITY
OF DUBUQUE, IOWA
Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance No. 43 -09,
readopted the Code of Ordinances of the City of Dubuque, Iowa in its entirety; and
Whereas, since August 17, 2009, the City of Dubuque, Iowa has compiled supplements to
the Code of Ordinances consisting of all new ordinances and amendments to ordinances; and
Whereas, Section 380.8 of the Code of Iowa provides that supplements, adopted by resolu-
tion, become part of the Code of Ordinances; and
Whereas, Code Supplements are prepared by the American Legal Publishing of Cincinnati,
Ohio and filed in the Office of the City Clerk of the City of Dubuque, Iowa.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That Supplement No. 2023 S-11 to the City of Dubuque Code of Ordinances, which
codifies Ordinance Nos. 16-23 through 30-23 as approved by the City Council through June 5,
2023, is hereby adopted, and becomes part of the Code of Ordinances of the City of Dubuque,
Iowa.
Passed, approved, and adopted this 17th day of July 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
15. Settlement Agreement, Fas Mart #5159: City Manager recommended City Council ap-
proval of the Tobacco Compliance Settlement Agreement with Fas Mart #5159, 2175 Central
Avenue. Upon motion the documents were received, filed, and approved.
16. Settlement Agreement, Casey’s General Store, Inc #2421 : City Manager recommended
City Council approval of the Tobacco Compliance Settlement Agreement with Casey’s General
Store, Inc. #2421, 4003 Peru Road. Upon motion the documents were received, filed, and ap-
proved.
17. Settlement Agreement, Liquor Tobacco, and Grocery: City Manager recommended City
Council approval of the Tobacco Compliance Settlement Agreement with Settlement Agree-
ment, Liquor Tobacco and Grocery, 1998 Jackson Street. Upon motion the documents were
received, filed, and approved.
18. Approval of Retail Alcohol Licenses: Upon motion the documents were received and filed,
and Resolution No. 228-23 Approving applications for retail alcohol licenses, as required by City
of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor
Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted.
RESOLUTION NO. 228-23
APPROVING APPLICATIONS FOR RETAIL ALCOHOL LICENSES, AS REQUIRED BY CITY
OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULA-
TIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQUOR, BEER AND WINE LI-
CENSES AND PERMITS
Whereas, applications for retail alcohol licenses have been submitted and filed with the City
Council for approval, and the same have been examined, provisionally approved, and/or ap-
proved; 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 at the noted
premise address to the following applicants pending submission of the locally required docu-
mentation:
Renewals
Bell Tower Productions, 2728 Asbury Rd.
Egelhof, Siegert & Casper, 2659 John F Kennedy Rd.
Shannon’s Bar & Grill, 521 East 22nd St.
Texas Roadhouse, 845 Wacker Dr.
Tri-State Independent Blind Society, 1068 Cedar Cross Rd.
Special Event(s) per Special Event Application Submittal
Dubuque Main Street - Music on Main Street -7-10-23 to 7-14-23 and 8-7-23 to 8-11-23, Town
Clock Plaza, 680 Main St.
Dubuque Main Street- Key City Beer Festival 8-1-23 to 8-5-23, Town Clock Plaza, 680 Main St.
Dubuque Jaycees - Millwork Night Market - 8-6-23 to 8-10-23, 7th and Jackson St and 9th and
Jackson St.
Dubuque Irish Hooley, Inc – 8-24-23 to 8-28-23, Alliant Amphitheater
Adding A Temporary Outdoor Privilege
Jubeck New World Brewing LLC - Michael Breitbach's Mid-Week Farmer's Market every
Wednesday from 7-12-23 through 10-25-23, Outdoor service area will be on Iowa Street adja-
cent to our building from 11th St to 12th St.
New Applications Provisional Issuances
Dubuque Jaycees - Millwork Night Market - 6-5-23 to 6-9-23 and 7-9-23 to 7-13-23, 7th and
Jackson St and 9th and Jackson St.
Passed, approved, and adopted this 17 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.
1. Petition to Vacate a portion of Bies Drive, in the City of Dubuque, Iowa for Vacating Petition
(Agreement Between City of Dubuque and CCI5, LLC): Upon motion the documents were re-
ceived and filed and Resolution No. 229-23 Intent to vacate and dispose of a portion of Bies
Drive, in the City of Dubuque, Iowa, to be known as Lot 1B of Roger F. and Kathleen A. Klauer
Family Place, in the City of Dubuque, Iowa was adopted setting a public hearing for a meeting
to commence at 6:30 p.m. on August 7, 2023 in the Historic Federal Building.
RESOLUTION NO. 229-23
INTENT TO VACATE AND DISPOSE OF A PORTION OF BIES DRIVE, IN THE CITY OF
DUBUQUE, IOWA, TO BE KNOWN AS LOT 1B OF ROGER F. AND KATHLEEN A. KLAUER
FAMILY PLACE, IN THE CITY OF DUBUQUE, IOWA
Whereas, per Resolution No. 143-23 the City of Dubuque has entered into an agreement with
CCI5, LLC for the conveyance of City Owned property including a portion of Bies Drive, in the
City of Dubuque, Iowa; and
Whereas, CCI5, LLC has requested the vacation of a portion of Bies Drive and the convey-
ance of the property to CCI5, LLC per said agreement; and
Whereas, the City of Dubuque Engineering Department has prepared and submitted to the
City Council a plat showing the proposed vacated area of Bies Drive, in the City of Dubuque,
Iowa and assigned a lot number thereto, to be known as Lot 1B of Roger F. and Kathleen A.
Klauer Family Place, in the City of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That the City of Dubuque intends to vacate and dispose of Lot 1B of Roger F. and
Kathleen A. Klauer Family Place, in the City of Dubuque, Iowa.
Section 2. That a public hearing, and/or by virtual means, on the intent to vacate and dispose
of Lot 1B of Roger F. and Kathleen A. Klauer Family Place, in the City of Dubuque, Iowa is
hereby set for the 7th day of August, 2023, at the Historic Federal Building, 350 W. 6th Street,
Dubuque, Iowa, beginning at 6:30 p.m., and the City Clerk be and is hereby authorized and
directed to cause a notice of public hearing on the intent to vacate said real estate to be pub-
lished in the manner as prescribed by law.
Passed, approved, and adopted this 17th day of July, 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
2. Burlington Street Water Main Improvement Project - Initiate Public Bidding and Set the
Public Hearing Date: Upon motion the documents were received and filed and Resolution No.
230-23 The Burlington Street Water Main Improvement Project 2023: preliminary approval of
plans, specifications, form of contract, and estimated cost; setting date of public hearing on
plans, specifications, form of contract, and estimated cost; and ordering the advertisement for
bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 7,
2023 in the Historic Federal Building.
RESOLUTION NO. 230-23
THE BURLINGTON STREET WATER MAIN IMPROVEMENT PROJECT 2023 - PRELIMI-
NARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI-
MATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT
FOR BIDS
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
Burlington Street Water Main Installation Project 2023 in the amount of $353,120, 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 7th day of August, 2023, at 6:30 p.m. in the
Historic Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubuque, Iowa,
at which time interested persons may appear and be heard for or against the proposed plans
and specifications, form of contract and 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 proposed
plans, specifications, form of contract, or estimated cost of the Project.
Section 3. The Burlington Street Water Main Improvement Project is hereby ordered to be
advertised for bids for construction.
Section 4. The amount of the security to accompany each bid shall be in an amount which
shall conform to the provisions of the Notice to Bidders hereby approved.
Section 5. The Water Department Manager is hereby directed to advertise for sealed bids for
the construction of the improvements herein provided, by publishing the Notice to Bidders to be
published on the City of Dubuque website and a contractor plan room service wit h statewide
circulation, which notice shall be published not less than thirteen but not more than forty -five
days before the date for filing bids before 2:00 p.m. on the 10th day of August, 2023. Bids shall
be opened and read by the City Clerk a t said time and will be submitted to the City Council for
final action at 6:30 p.m. on the 21st day of August 2023, in the Historic Federal Building Council
Chambers (second floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted, and approved this 17th day of July, 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
3. Human Rights Commission Request for Commissioner Removal: Upon motion the docu-
ments were received and filed and Resolution No. 231-23 Setting a public hearing on the intent
to consider the removal of a commissioner from the Human Rights Commission was adopted
setting a public hearing for a meeting to commence at 6:30 p.m. on August 7, 2023 in the Historic
Federal Building.
RESOLUTION NO. 231-23
SETTING A PUBLIC HEARING ON THE INTENT TO CONSIDER THE REMOVAL OF A COM-
MISSIONER FROM THE HUMAN RIGHTS COMMISSION
Whereas, the City of Dubuque, Iowa Human Rights Commission is governed by Title 8 of the
City of Dubuque Code of Ordinances; and
Whereas, § 8-2-10 of the Code of Ordinances establishes the requirement for attendance at
commission meetings as follows:
8-2-10: MEETINGS:
…..
D. Attendance:
1. In the event a commissioner has been absent for three (3) or more consecutive meetings
of the commission, without being excused by the chairperson, such absence will be grounds
for the commission to recommend to the city council that the position be dec lared vacant and
a replacement appointed.
2. Attendance must be entered upon the minutes of all meetings; and
Whereas, the Human Rights Commission has recommended to the City Council that Dereka
Williams-Robinson be removed from the Commission for failure to comply with the attendance
requirements, such recommendation attached as Exhibit A; and
Whereas, § 8-2-12 of the Code of Ordinances authorizes removal of a commissioner for
cause upon written charges and after public hearing; and
Whereas, the City Council desires to set the public hearing on the removal of Dereka Wil-
liams-Robinson from the Human Rights Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. The City Council intends to consider the removal of Dereka Williams-Robinson
from the Human Rights Commission for noncompliance with the attendance requirement of the
Code of Ordinances.
Section 2. The City Clerk is hereby authorized and directed to cause a notice to be mailed to
Dereka Williams-Robinson and published as prescribed by Iowa Code Section 362.3 of a public
hearing on the City's intent to remove Dereka Williams-Robinson from the Human Rights Com-
mission, to be held on the 7th day of August 2023 at 6:30 p.m. in Dubuque, Iowa.
Passed, approved, and adopted this 17th day of July 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
4. Set for Public Hearing - Butler Children’s Garden Voluntary Annexation Request: Upon
motion the documents were received and filed and Resolution No. 232-23 Setting a public hear-
ing on an application for voluntary annexation of territory to the City of Dubuque, Iowa was
adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 21, 2023 in
the Historic Federal Building.
RESOLUTION NO. 232-23
SETTING A PUBLIC HEARING ON AN APPLICATION FOR VOLUNTARY ANNEXATION OF
TERRITORY TO THE CITY OF DUBUQUE, IOWA
Whereas, the City Council of Dubuque has received a written application from the Butler
Children’s Garden Foundation, Inc. (applicant and property owner) for the voluntary annexation
of 18.717 acres of property. The property is comprised of undeveloped for est land just north of
the Dubuque Arboretum in Dubuque County as shown on Exhibit A and legally described as:
ALL OF LOT 2 OF Y-CAMP PLACE NO. 3 IN DUBUQUE COUNTY, IOWA, CONTAINING
18.717 ACRES; and
Whereas, the annexation territory is not subject to an existing annexation moratorium
agreement; and
Whereas, the annexation territory does not include state -owned property, county-owned road
right-of-way, or any railroad right-of-way; and
Whereas, Chapter 368 of the Code of Iowa authorizes this annexation by adoption of a res-
olution and required notification; and
Whereas, the annexation territory is consistent with the City’s Comprehensive Plan; and
Whereas, the future growth and development of the City of Dubuque, Iowa makes it desirable
that the annexation territory be made part of the City of Dubuque, Iowa; and
Whereas, the City of Dubuque has the capacity to provide substantial municipal 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. A public hearing will be held on the 21st day of August 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 pro posed
annexation, 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 fourteen days prior to the
date of such hearing.
Passed, approved, and adopted this 17th day of July 2023.
Brad Cavanagh, Mayor
Attest: Adrienne 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.
1. Civic Center Commission: One, 3-Year Term through June 29, 2024 (Vacant term of
Gavin). Applicant: Danielle Jacobs, 3130 Shiras Ave.
2. Historic Preservation Commission: One, interim term due to vacancies of the Cathedral
District term and Old Main District term. Applicants: Cole Hansen, 408 Burch St. (Lives outside
of historic districts); Heidi Pettitt, 3116 Central Ave. (Lives outside of historic districts). This com-
mission is subject to the State of Iowa Gender Balance Law, §69.16A. 10 Commissioners total;
currently 3 males /4 females /2 openings/ 1 Interim . City Clerk Breitfelder stated that Mr. Hansen
submitted written input in support of his application.
3. Housing Commission: Two, 3-Year Terms through August 17, 2026 (Expiring At-Large
terms of Dixon and Eudaley). Applicants: Matthew Henrick, 2115 Golden Eagle Dr.; Juanita Otis,
2509 Jackson St.; Julietta Scott, 2455 Woodlawn St.
4. Long Range Planning Advisory Commission: One, 3-Year term through July 1, 2026 (Va-
cant At-Large term of Vincent). Applicant: Michael Rabagia, 1449 Jackson St.
Appointments were made to the following boards/commissions.
1. Transit Advisory Board: One, 3-Year Term through July 30, 2026 (Expiring Term of Orwoll).
Applicant: Greg Orwoll, 2635 West 32nd St. Motion by Sprank to appoint Mr. Orwoll to the three-
year term through July 30, 2026. Seconded by Roussell. Motion carried 6 -0.
PUBLIC HEARINGS
1. Resolution Approving 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 : Motion by Resnick to re-
ceive and file the documents and adopt Resolution No. 233 -23 Approving a Development Agree-
ment by and between the City of Dubuque, Iowa, and 799 Main, LLC including the issuance of
Urban Tax Increment Revenue Obligations. Seconded by Farber. City Council Members and
City Manager Van Milligen confirmed the development agreement contained a clause requiring
the acceptance of housing choice vouchers. Motion carried 6 -0.
RESOLUTION NO. 233-23
APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBU-
QUE, IOWA, AND 799 MAIN, LLC INCLUDING THE ISSUANCE OF URBAN TAX INCRE-
MENT REVENUE OBLIGATIONS
Whereas, 799 Main, LLC is the owner of the property legally described as follows:
City Lot 58, except the southerly 28.1 feet thereof (also described as “North 23 feet of City
Lot 58); City Lots 56 and 57; in the City of Dubuque, Iowa according to the United States
Commissioners’ Map of the Town of Dubuque, Iowa (the Property); and
Whereas, the City Council, by Resolution No. 217-23, dated July 5, 2023, declared its intent
to enter into a Development Agreement by and between the City of Dubuque, Iowa, and 799
Main, LLC, including the issuance of Urban Renewal Tax Increment Revenue Obligation s; and
Whereas, pursuant to published notice, a public hearing was held on the proposed Develop-
ment Agreement on July 17, 2023 at 6:30 p.m.; and
Whereas, it is the determination of the City Council that approval of the Development Agree-
ment for redevelopment of the Property by 799 Main, LLC, according to the terms and conditions
set out in the Development Agreement, is in the public interest of the City o f Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That the Development Agreement by and between the City of Dubuque, Iowa, and
799 Main, LLC, a copy of which is attached hereto, including the issuance of Urban Renewal
Tax Increment Revenue Obligations, is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the Development
Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to
attest to his signature.
Section 3. That the City Manager is authorized to take such actions as are necessary to
comply with the terms of the Development Agreement as herein approved.
Passed, approved, and adopted this 17th 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 : Motion
by Resnick to receive and file the documents and adopt Resolution No. 234 -23 Approval of
plans, specifications, form of contract, and estimated cost for the John F. Kennedy Road and
W. 32nd Street Intersection Improvement Project. Seconded by Weth al. Responding to ques-
tions from the City Council, City Engineer Gus Psihoyos stated that the water extension is for
private water service requested by the developer and that a roundabout would not function well
at the location due to the high volumes of traffic from the Dubuque Soccer Complex at specific
times. Motion carried 6-0.
RESOLUTION NO. 234-23
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST FOR THE JOHN F. KENNEDY ROAD AND W. 32ND STREET INTERSECTION IM-
PROVEMENT PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
That the attached plans, specifications, form of contract and estimate of total cost for the John
F. Kennedy Road and W. 32nd Street Intersection Improvement Project, in the estimated
amount of $537,537.15 are hereby approved.
Passed, approved, and adopted this 17th day of July 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne Breitfelder, City Clerk
PUBLIC INPUT
Martha Corfman, 1185 N. Booth St.; Ken Kiss, 16855 Muntz Ct.; Sara Ellert-Beck, 4851 Cam-
elot Dr.; and Stormy Mochal, 1756 Wood St., respectively provided input regarding Action Item
No. 5, requesting the City Council dedicate a portion of the Dubuque Indus trial Park for a bird
sanctuary to protect the bird species that have recently been discovered at the property. City
Clerk Breitfelder announced that written input was received from the following individuals re-
garding Action Item No. 5: Clark Schloz, 2925 Burlington St.; Kristin Anderson-Bricker and John
Anderson-Bricker, 903 Merz St.; and Joanne Elley, 510 Primrose St.
ACTION ITEMS
1. Moody's Upgrade of City of Dubuque's Issuer Rating and Bonds: Motion by Farber to re-
ceive and file the documents and listen to the presentation. Seconded by Resnick. City Manager
Van Milligen provided information from Moody's Investors Services regarding their upgrade of
the City of Dubuque's issuer rating outstanding general obligation unlimited tax bonds to Aa2
from Aa3, as well as its outstanding moral obligation Sales Tax Increment Revenue Bonds,
Senior Bond Series 2015A to A1 from A2 and clarified that this agenda item does not contain a
presentation. City Council Members commended the rating upgrade and suggested that the
city’s Dollars and Cents brochure contain the updated ratings. City Manager Van Milligen stated
that the Fiscal Year 2024 Dollars and Cents brochure has already been mailed to residents, but
the online version will be modified to reflect the updated ratings. Motion carried 6-0.
2. Proceedings for Directing Sale of not to exceed $6,250,000 Taxable General Obligation
Bonds, Series 2023A and Awarding Bonds to Best Bidder : Motion by Resnick to receive and file
the documents and adopt Resolution No. 235-23 Authorizing and approving a Loan Agreement,
providing for the sale and issuance of Taxable General Obligation Corporate Purpose Bonds,
Series 2023A, and providing for the levy of taxes to pay the same. Seconded by Wethal. Tionna
Pooler of Independent Public Advisors summarized the bid results, stating that four bids were
received involving 31 banks. Responding to a question from the City Council, Ms. Pooler sum-
marized Moody’s recommendations for the city to further improve its ratings. Motion carried 6-
0.
RESOLUTION NO 235-23
AUTHORIZING AND APPROVING A LOAN AGREEMENT, PROVIDING FOR THE SALE
AND ISSUANCE OF $6,090,000 TAXABLE GENERAL OBLIGATION CORPORATE PUR-
POSE BONDS, SERIES 2023A, AND PROVIDING FOR THE LEVY OF TAXES TO PAY THE
SAME
Whereas, the City of Dubuque (the “City”), in Dubuque County, State 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 im-
provements for municipal buildings (the “Municipal Buildings Project”), 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 Municipal 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 principal 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 (the “Parking
Ramp Facilities Project”), 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 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 (the “Five Flags Arena Project”),
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 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 Mysti que 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 (the “Urban Renewal
Project” and together with the Municipal Buildings Project, the Parking Ramp Facilities Project,
and the Five Flags Arena Project the “Projects”), 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 combined
its authority under the Loan Agreements into a single loan agreement (the “Loan Agreement”);
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, an d the City has
made provision for the approval of the P.O.S. and has authorized its use by Independent Public
Advisors, LLC, as municipal advisor to the City; and
Whereas, pursuant to advertisement of sale, bids for the purchase of the Bonds to be issued
in evidence of the City’s obligation under the Loan Agreement were received and canvassed on
behalf of the City at the appointed time for the payment of costs of the Projec ts; and
Whereas, upon final consideration of all bids, the bid of Robert W. Baird & Co., Inc., Milwau-
kee, Wisconsin (the “Purchaser”), was the best, such bid proposing the lowest interest cost to
the City; and
Whereas, it is now necessary to make final provision for the approval of the Loan Agreement
and to authorize the issuance of the Bonds;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA, AS FOLLOWS:
Section 1. The form of agreement of sale of the Bonds with the Purchaser is hereby approved,
and the Mayor and City Clerk are hereby authorized to accept and execute the same for and on
behalf of the City.
Section 2. The City shall enter into the Loan Agreement with the Purchaser in substantially
the form as has been placed on file with the City Council, providing for a loan to the City in the
principal amount of $6,090,000 for the purposes set forth in the preamble he reof.
The Mayor and City Clerk are hereby authorized and directed to sign the Loan Agreement on
behalf of the City, and the Loan Agreement is hereby approved.
Section 3. The bid of the Purchaser referred to in the preamble hereof is hereby accepted,
and the Bonds, in the aggregate principal amount of $6,090,000, are hereby authorized to be
issued in evidence of the City’s obligations under the Loan Agreement. The Bonds shall be
dated August 1, 2023, shall be issued in the denomination of $5,000 each or any integral multi-
ple thereof and shall mature on June 1 in each of the years, in the respective principal amounts,
and bearing interest at the respective rates as follows:
Year
Principal
Amount
Interest Rate
Per Annum Year
Principal
Amount
Interest Rate
Per Annum
2025 $200,000 5.00% 2035 $320,000 4.45%
2026 $215,000 6.00% 2036 $340,000 4.50%
2027 $220,000 6.00% 2037 $360,000 4.55%
2028 $230,000 5.00% 2038 $375,000 4.60%
2029 $245,000 5.00% 2039 $395,000 4.65%
2030 $250,000 5.00% 2040 $415,000 4.70%
2031 $265,000 5.00% 2041 $440,000 4.75%
2032 $280,000 4.30% 2042 $460,000 4.80%
2033 $290,000 4.35% 2043 $485,000 4.85%
2034 $305,000 4.40%
Section 4. UMB Bank, n.a., West Des Moines, Iowa, is hereby designated as the Registrar
and Paying Agent for the Bonds and may be hereinafter referred to as the “Registrar” or the
“Paying Agent.” The City shall enter into an agreement (the “Registrar/Paying Agent Agree-
ment”) with the Registrar, in substantially the form as has been placed on file with the Council;
the Mayor and City Clerk are hereby authorized and directed to sign the Registrar/Pay ing Agent
Agreement on behalf of the City; and the Registrar/Paying Agent Agreement is hereby ap-
proved.
The City reserves the right to optionally prepay part or all of the principal of the Bonds matur-
ing in the years 2032 to 2043, inclusive, prior to and in any order of maturity on June 1, 2031,
or on any date thereafter upon terms of par and accrued interes t. If less than all of the Bonds of
any like maturity are to be redeemed, the particular part of those Bonds to be redeemed shall
be selected by the Registrar by lot. The Bonds may be called in part in one or more units of
$5,000.
If less than the entire principal amount of any Bond in a denomination of more than $5,000 is
to be redeemed, the Registrar will issue and deliver to the registered owner thereof, upon sur-
render of such original Bond, a new Bond or Bonds, in any authorized denomination, in a total
aggregate principal amount equal to the unredeemed balance of the original Bond. Notice of
such redemption as aforesaid identifying the Bond or Bonds (or portion thereof) to be redeemed
shall be sent by electronic means or by certified mail to the registered owners thereof at the
addresses shown on the City’s registration books not less than 30 days prior to such redemption
date. All of such Bonds as to which the City reserves and exercises the right of redemption and
as to which notice as aforesaid shall have been given and for the redemption of which funds are
duly provided, shall cease to bear interest on the redemption date.
Accrued interest on the Bonds shall be payable semiannually on the first day of June and
December in each year, commencing December 1, 2023. Interest shall be calculated on the
basis of a 360-day year comprised of twelve 30-day months. Payment of interest on the Bonds
shall be made to the registered owners appearing on the registration books of the City at the
close of business on the fifteenth day of the month next preceding the interest payment date
and shall be paid to the registered owners at the addresses shown on such registration books.
Principal of the Bonds shall be payable in lawful money of the United States of America to the
registered owners or their legal representatives upon presentation and surrender of the Bond or
Bonds at the office of the Paying Agent.
The Bonds shall be executed on behalf of the City with the official manual or facsimile signa-
ture of the Mayor and attested with the official manual or facsimile signature of the City Clerk
and shall be fully registered Bonds without interest coupons. In case any officer whose signature
or the facsimile of whose signature appears on the Bonds shall cease to be such officer before
the delivery of the Bonds, such signature or such facsimile signature shall nevertheless be valid
and sufficient for all purposes, the same as if such officer had remained in office until delivery.
The Bonds shall not be valid or become obligatory for any purpose until the Certificate of
Authentication thereon shall have been signed by the Registrar.
The Bonds shall be fully registered as to principal and interest in the names of the owners on
the registration books of the City kept by the Registrar, and after such registration, payment of
the principal thereof and interest thereon shall be made only t o the registered owners or their
legal representatives or assigns. Each Bond shall be transferable only upon the registration
books of the City upon presentation to the Registrar, together with either a written instrument of
transfer satisfactory to the Registrar or the assignment form thereon completed and duly exe-
cuted by the registered owner or the duly authorized attorney for such registered owner.
The record and identity of the owners of the Bonds shall be kept confidential as provided by
Section 22.7 of the Code of Iowa.
Section 5. Notwithstanding anything above to the contrary, the Bonds shall be issued initially
as Depository Bonds, with one fully registered Bond for each maturity date, in principal amounts
equal to the amount of principal maturing on each such date, and registered in the name of
Cede & Co., as nominee for The Depository Trust Company, New York, New York (“DTC”). On
original issue, the Bonds shall be deposited with DTC for the purpose of maintaining a book -
entry system for recording the ownership interest s of its participants and the transfer of those
interests among its participants (the “Participants”). In the event that DTC determines not to
continue to act as securities depository for the Bonds or the City determines not to continue the
book-entry system for recording ownership interests in the Bonds with DTC, the City will discon-
tinue the book-entry system with DTC. If the City does not select another qualified securities
depository to replace DTC (or a successor depository) in order to continue a book-entry system,
the City will register and deliver replacement Bonds in the form of fully registered certificates, in
authorized denominations of $5,000 or integral multiples of $5,000, in accordance with instruc-
tions from Cede & Co., as nominee for DTC. In the event that the City identifies a qualified
securities depository to replace DTC, the City will register and deliver replacement Bonds, fully
registered in the name of such depository, or its nominee, in the denominations as set forth
above, as reduced from time to time prior to maturity in connection with redemptions or retire-
ments by call or payment, and in such event, such depository will then maintain the book -entry
system for recording ownership interests in the Bonds.
Ownership interests in the Bonds may be purchased by or through Participants. Such Partic-
ipants and the persons for whom they acquire interests in the Bonds as nominees will not receive
certificated Bonds, but each such Participant will receive a credit balance in the records of DTC
in the amount of such Participant’s interest in the Bonds, which will be confirmed in accordance
with DTC’s standard procedures. Each such person for which a Participant has an interest in
the Bonds, as nominee, may desire to make arrangements with such Participant to have all
notices of redemption or other communications of the City to DTC, which may affect such per-
son, forwarded in writing by such Participant and to have notification made of all interest pay-
ments.
The City will have no responsibility or obligation to such Participants or the persons for whom
they act as nominees with respect to payment to or providing of notice for such Participants or
the persons for whom they act as nominees.
As used herein, the term “Beneficial Owner” shall hereinafter be deemed to include the per-
son for whom the Participant acquires an interest in the Bonds.
DTC will receive payments from the City, to be remitted by DTC to the Participants for sub-
sequent disbursement to the Beneficial Owners. The ownership interest of each Beneficial
Owner in the Bonds will be recorded on the records of the Participants whose ownership interest
will be recorded on a computerized book-entry system kept by DTC.
When reference is made to any action which is required or permitted to be taken by the Ben-
eficial Owners, such reference shall only relate to those permitted to act (by statute, regulation
or otherwise) on behalf of such Beneficial Owners for such purposes . When notices are given,
they shall be sent by the City to DTC, and DTC shall forward (or cause to be forwarded) the
notices to the Participants so that the Participants can forward the same to the Beneficial Own-
ers.
Beneficial Owners will receive written confirmations of their purchases from the Participants
acting on behalf of the Beneficial Owners detailing the terms of the Bonds acquired. Transfers
of ownership interests in the Bonds will be accomplished by book entries made by DTC and the
Participants who act on behalf of the Beneficial Owners. Beneficial Owners will not receive cer-
tificates representing their ownership interest in the Bonds, except as specifically provided
herein. Interest and principal will be paid when due by the City to DTC, then paid by DTC to the
Participants and thereafter paid by the Participants to the Beneficial Owners.
Section 6. The Bonds shall be in substantially the [provided] form:
Section 7. The Bonds shall be executed as herein provided as soon after the adoption of this
resolution as may be possible, and thereupon they shall be delivered to the Registrar for regis-
tration, authentication and delivery to or on behalf of the Purchaser, upon rec eipt of the loan
proceeds ($6,116,090.05), including original issue premium ($64,696.30), and minus the origi-
nal issue discount ($38,606.25) (the “Loan Proceeds”), and all action heretofore taken in con-
nection with the Loan Agreement is hereby ratified and confirmed in all respects.
A portion of the Loan Proceeds ($86,990.05) shall be retained by the Purchaser as the un-
derwriter’s discount.
A portion of the Loan Proceeds ($5,731,916.67) (the “Project Proceeds”) received from the
sale of the Bonds shall be deposited in a dedicated fund (the “Project Fund”), which is hereby
created, to be used for the payment of costs of the Projects and to the extent that Project Pro-
ceeds remain after the full payment of the costs of the Projects, such Proceeds, shall be trans-
ferred to the Debt Service Fund for the payment of interest on the Bonds.
The Loan Proceeds received as capitalized interest proceeds ($242,683.33) shall be depos-
ited into the Debt Service Fund for payment of interest on the Bonds as the same becomes due.
The remainder of the Loan Proceeds ($54,500) (the “Cost of Issuance Proceeds”), received
from the sale of the Bonds shall be deposited in the Project Fund, and shall be used for the
payment of costs of issuance of the Bonds, and to the extent that Cost of Issuance Proceeds
remain after the full payment of the costs of issuance of the Bonds, such Cost of Issuance
Proceeds shall be transferred to the Debt Service Fund for the payment of interest on the Bonds.
The City shall keep a detailed and segregated accounting of the expenditure of, and invest-
ment earnings on, the Loan Proceeds to ensure compliance with the requirements of the Internal
Revenue Code, as hereinafter defined.
Section 8. For the purpose of providing for the levy and collection of a direct annual tax
sufficient to pay the principal of and interest on the Bonds as the same become due, there is
hereby ordered levied on all the taxable property in the City the following direct annual tax for
collection in each of the following fiscal years:
For collection in the fiscal year beginning July 1, 2024, sufficient to produce the net annual
sum of $491,220;
For collection in the fiscal year beginning July 1, 2025, sufficient to produce the net annual
sum of $496,220;
For collection in the fiscal year beginning July 1, 2026, sufficient to produce the net annual
sum of $488,320;
For collection in the fiscal year beginning July 1, 2027, sufficient to produce the net annual
sum of $485,120;
For collection in the fiscal year beginning July 1, 2028, sufficient to produce the net annual
sum of $488,620;
For collection in the fiscal year beginning July 1, 2029, sufficient to produce the net annual
sum of $481,370;
For collection in the fiscal year beginning July 1, 2030, sufficient to produce the net annual
sum of $483,870;
For collection in the fiscal year beginning July 1, 2031, sufficient to produce the net annual
sum of $485,620;
For collection in the fiscal year beginning July 1, 2032, sufficient to produce the net annual
sum of $483,580;
For collection in the fiscal year beginning July 1, 2033, sufficient to produce the net annual
sum of $485,965;
For collection in the fiscal year beginning July 1, 2034, sufficient to produce the net annual
sum of $487,545;
For collection in the fiscal year beginning July 1, 2035, sufficient to produce the net annual
sum of $493,305;
For collection in the fiscal year beginning July 1, 2036, sufficient to produce the net annual
sum of $498,005;
For collection in the fiscal year beginning July 1, 2037, sufficient to produce the net annual
sum of $496,625;
For collection in the fiscal year beginning July 1, 2038, sufficient to produce the net annual
sum of $499,375;
For collection in the fiscal year beginning July 1, 2039, sufficient to produce the net annual
sum of $501,008;
For collection in the fiscal year beginning July 1, 2040, sufficient to produce the net annual
sum of $506,503;
For collection in the fiscal year beginning July 1, 2041, sufficient to produce the net annual
sum of $505,603; and
For collection in the fiscal year beginning July 1, 2042, sufficient to produce the net annual
sum of $508,523.
Section 9. A certified copy of this resolution shall be filed with the County Auditor of Dubuque
County, and the County Auditor is hereby instructed to enter for collection and assess the tax
hereby authorized. When annually entering such taxes for collection, the County Auditor shall
include the same as a part of the tax levy for Debt Service Fund purposes of the City and when
collected, the proceeds of the taxes shall be converted into the Debt Service Fund of the City
and set aside therein as a special account to be used solely and only for the payment of the
principal of and interest on the Bonds hereby authorized and for no other purpose whatsoever.
Pursuant to the provisions of Section 76.4 of the Code of Iowa, each year while the Bonds
remain outstanding and unpaid, any funds of the City which may lawfully be applied for such
purpose, including incremental property tax revenues as provided for in Se ction 403.19 of the
Code of Iowa, may be appropriated, budgeted and, if received, used for the payment of the
principal of and interest on the Bonds as the same become due, and if so appropriated, the
taxes for any given fiscal year as provided for in Section 8 of this Resolu tion, shall be reduced
by the amount of such alternate funds as have been appropriated for said purpose and evi-
denced in the City’s budget. The City hereby reaffirms its intent to budget and appropriate in-
cremental property tax revenues for the payment of some or all of the portion of principal of and
interest on the Bonds attributable to the Urban Renewal Project identified in the preamble
hereof.
Section 10. The interest or principal and both of them falling due in any year or years shall, if
necessary, be paid promptly from current funds on hand in advance of taxes levied and when
the taxes shall have been collected, reimbursement shall be made to such curren t funds in the
sum thus advanced.
Section 11. The Securities and Exchange Commission (the “SEC”) has promulgated certain
amendments to Rule 15c2-12 under the Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2-
12) (the “Rule”) that make it unlawful for an underwriter to participate in the primary offering of
municipal securities in a principal amount of $1,000,000 or more unless, before submitting a bid
or entering into a purchase contract for the bonds , an underwriter has reasonably determined
that the issuer or an obligated person has undertaken in writing for the benefit of the bondholders
to provide certain disclosure information to prescribed information repositories on a continuing
basis or unless and to the extent the offering is exempt from the requirements of the Rule.
On the date of issuance and delivery of the Bonds, the City will execute and deliver a Con-
tinuing Disclosure Certificate pursuant to which the City will undertake to comply with the Rule.
The City covenants and agrees that it will comply with and carry out the provisions of the Con-
tinuing Disclosure Certificate. Any and all of the officers of the City are hereby authorized and
directed to take any and all actions as may be necessary to comply with the Rule and the Con-
tinuing Disclosure Certificate.
Section 12. The Mayor and the City Clerk are authorized to execute and deliver any and all
documents required by bond counsel to effectuate the purposes of this resolution and to issue
the Bonds, including without limitation purchase agreements and closing certificate s.
Section 13. All resolutions or parts thereof in conflict herewith are hereby repealed to the
extent of such conflict.
Section 14. This resolution shall be in full force and effect immediately upon its approval and
adoption, as provided by law.
Passed, adopted, and approved this 17th day of July 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
3. Investment Policy Certificate of Excellence Award: Motion by Resnick to receive and file
the documents. Seconded by Farber. City Manager Van Milligen transmitted the notification of
the City of Dubuque receiving the Association of Public Treasurers of the United States & Can-
ada’s 2023 Investment Policy Certificate of Excellence Award for the City’s comprehensive in-
vestment policy. City Council Members congratulated Ms. Larson and her team on the accom-
plishment. Motion carried 6-0.
4. Submission of Fiscal Year Ended June 30, 2022 Annual Comprehensive Financial Report
(ACFR) and Results of the 2022 Financial Statement Audit, Including Required Communica-
tions: Motion by Wethal to receive and file the documents and listen to the presentation. Se-
conded by Roussell. Ms. Larson made a presentation on the Fiscal Year 2022 (ACFR). City
Council Members commended the audit results not consisting of any findings. Motion carried 6-
0.
5. Dubuque Audubon Society Proposal for Grassland Preserve: Motion by Wethal to receive
and file the documents and refer to the City Council for discussion. Seconded by Farber. Mayor
Cavanagh summarized his reasoning for placing this proposal from Ken Kiss of the Dubuque
Audubon Society on the agenda and read an email that he sent to members of the public who
contacted him regarding this request. Responding to a question from the City Council, City At-
torney Brumwell stated that City Council Members can have discussions about agenda items
with other individual City Council Members, but that serial meetings and quorums outside of
public meetings were not permitted per the Iowa Open Meetings Law. When asked by City
Council whether the city must take any specific action regarding the federally protected bird
species identified at the Dubuque Industrial Park, City Manager Van Milligen and City Attorney
Brumwell both stated they could not confirm at this time. James Olson, 867 Cleveland Ave.,
stated that the birds identified at the Dubuque Industrial Park are not endangered but are still
considered significant species of grassland birds whose populations have been impacted by
various factors. Responding to questions from the City Council, City Manager Van Milligen
stated that the city is not eligible for a specific United States Fish and Wildlife Service Program
in support of the bird species because the city does not meet the program’s minimum population
requirement, but that other programs may be considered. City Manager Van Milligen further
stated that many city departments may be involved in researching additional information if City
Council directs this request to city staff. City Council Members discussed the proposal and de-
termined that the city’s legal responsibilities regarding applicable federal protections toward the
bird species at the Dubuque Industrial Park needed to be confirmed. The City Council concluded
that additional information was needed for the proposal and that the proposal would need to be
an established goal during the City Council’s annual goal setting process before city staff con-
ducted further work on the proposal. City Council Members encouraged the Dubuque Audubon
Society to perform further research to identify other potential properties suitable for the bird
species. Motion carried 6-0.
6. Automated Solid Waste Curbside Collection System Implementation Update : Motion by
Resnick to receive and file the documents and listen to the presentation. Seconded by Sprank.
Public Works Director John Klostermann introduced Resource Management Coordinator Jacob
Jansen, who made a presentation on the implementation plan for the automated solid waste
conveyance system and continued progress reporting. City Council Members thanked Public
Works staff for working with individuals who needed an accommodation for the tipper cart pro-
gram and expressed enthusiasm for the implementation’s progress. Motion carried 6-0.
7. Kerper Court and Kerper Boulevard Intersection Improvement Project : Motion by Sprank
to receive and file the documents and adopt Resolution No. 236 -23 Awarding public improve-
ment contract for the Kerper Court and Kerper Boulevard Intersection Improvement Project.
Seconded by Wethal. City Council Members expressed enthusiasm for this project. Motion car-
ried 6-0.
RESOLUTION NO. 236-23
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE KERPER COURT AND
KERPER BOULEVARD INTERSECTION IMPROVEMENT PROJECT
Whereas, sealed proposals have been submitted by contractors for the Kerper court and
Kerper Boulevard Intersection Improvement Project, (the Project) pursuant to Resolution No.
173-23 and Notice to Bidders published on the City of Dubuque, Iowa website and plan room
service with statewide circulation on the 16th day of June 2023; and
Whereas, said sealed proposals were opened and read on the 7th day of July 2023 and it
has been determined that Eastern Iowa Excavating and Concrete LLC of Cascade, Iowa, sub-
mitted low bid in the amount of $1,061,072.28, and 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:
That a Public Improvement Contract for the Project is hereby awarded to Eastern Iowa Ex-
cavating and Concrete LLC and the City Manager is hereby directed to execute a Public Im-
provement Contract on behalf of the City of Dubuque for the Project.
Passed, adopted, and approved this 17th day of July 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
8. Adoption of a Policy for City Acceptance of Streets in Commercial Subdivisions : Motion by
Roussell to receive and file the documents and adopt Resolution No. 237 -23 Adopting a policy
for city acceptance of streets in commercial subdivisions. Seconded by Sprank. Responding to
a question from the City Council, City Manager Van Milligen stated that this policy provides
developers the choice to decide whether streets in commercial subdivisions will be public or
private. City Council Members thanked city staff for swiftly proposing this policy swiftly after it
was presented at the June 26, 2023, Economic Development work session. Motion carried 6-0.
RESOLUTION NO. 237-23
ADOPTING A POLICY FOR CITY ACCEPTANCE OF STREETS IN COMMERCIAL SUBDIVI-
SIONS
Whereas, from 2006 to the date of this resolution, the City has not accepted streets as public
in commercial subdivision; and
Whereas, the City is proposing that a new policy on street ownership in commercial subdivi-
sions be adopted; and
Whereas, including public streets in commercial subdivisions allows greater vehicular, bicy-
cle, and pedestrian connections which furthers the City Council Goal of “Connected Community:
Equitable Transportation, Technology Infrastructure, and Mobility”; and
Whereas, providing developers options on street ownership will likely attract development in
the area which furthers the City Council Goal of “Robust Local Economy: Diverse Businesses
and Jobs with Economic Prosperity”; and
Whereas, the City now wishes to adopt a policy providing the requirements for City ac-
ceptance of streets in commercial subdivisions according to the attached Policy for City Ac-
ceptance of Streets in Commercial Subdivisions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. The City does hereby approve and adopt the attached Policy for City Acceptance
of Streets in Commercial Subdivisions.
Section 2. The Policy for City Acceptance of Streets in Commercial Subdivisions shall allow
for project-specific exemptions to be approved by the City Council, or the City Manager where
the project does not come before the City Council.
Passed, approved, and adopted this 17th day of July, 2023.
Brad M. Cavanagh, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
9. Corrected Legal Description for Ordinance 30-23 for the Dubuque Industrial Center Eco-
nomic Development District, Version 2023.3: Motion by Resnick to receive and file the docu-
ments and that the requirement that a proposed ordinance be considered and voted on for pas-
sage at two Council meetings prior to the meeting at which it is to be passed be suspended.
Seconded by Farber. Motion carried 6-0.
Motion by Resnick for final consideration and passage of Ordinance No. 30-23-A Correcting
and amending Ordinance No. 30-23, previously amended, providing that general property taxes
levied and collected each year on all property located within the amended and restated Dubuque
Industrial Center Economic Development District Urban Renewal Area of the City of Dubuque,
County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque,
County of Dubuque, Dubuque Community School District, and other taxing districts, be paid to
a special fund for payment of principal and interest on loans, monies advanced to and indebt-
edness, including bonds issued or to be issued, incurred by said city in connection with the
Amended and Restated Dubuque Industrial Center Economic Development District Urban Re-
newal Redevelopment Project by adding Subarea T to the Division Of Revenues. Seconded by
Farber. Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 30-23-A
CORRECTING AND AMENDING ORDINANCE NO. 30-23, PREVIOUSLY AMENDED,
PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR
ON ALL PROPERTY LOCATED WITHIN THE AMENDED AND RESTATED DUBUQUE IN-
DUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT URBAN RENEWAL AREA OF
THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, BY AND FOR THE
BENEFIT OF THE STATE OF IOWA, CITY OF DUBUQUE, COUNTY OF DUBUQUE, DUBU-
QUE COMMUNITY SCHOOL DISTRICT, AND OTHER TAXING DISTRICTS, BE PAID TO A
SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES AD-
VANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, IN-
CURRED BY SAID CITY IN CONNECTION WITH THE AMENDED AND RESTATED DUBU-
QUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT URBAN RENEWAL
REDEVELOPMENT PROJECT BY ADDING SUBAREA T TO THE DIVISION OF REVENUES
Whereas, the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center
Economic Development District (the “District”) described in Resolution No. 130-88 was adopted
on May 2, 1988 and was thereafter amended and restated by Resolution No. 484 -90 on De-
cember 17, 1990, Resolution No. 142-97 on April 7, 1997, Resolution No. 478-97 on November
17, 1997, Resolution No. 15-08 on January 7, 2008, Resolution No. 101-08 on March 17, 2008,
Resolution No. 109-08 on April 7, 2008, Resolution No. 87-11 on March 7, 2011, Resolution No.
171-13 on June 3, 2013, Resolution No. 197 -15 on June 1, 2015, Resolution No. 309-15 on
September 8, 2015, Resolution No. 132-16 on September 19, 2016, Resolution No. 157-18 and
Resolution No. 158-18 on May 21, 2018, Resolution 380-18 on December 17, 2018, Resolution
125-21 and Resolution 126-21 on April 19, 2021, Resolution 323-21 and Resolution 324-21 on
September 20, 2021, Resolution 387-21 on November 1, 2021, Resolution 197-22 on May 16,
2022, by Resolution 289-22 on September 6, 2022, by Resolution No. 290-22 on September 6,
2022, by Resolution 73-23 on March 20, 2023, by Resolution 74-23 on March 20, 2023, and by
Resolution 180-23 on June 5, 2023 (as amended and restated, the “Urban Renewal Plan” or
“Amended and Restated Urban Renewal Plan”); and
Whereas, the City Council of the City of Dubuque, Iowa originally provided for the division of
taxes pursuant to Section 403.19 of the Code of Iowa within the District in Ordinance No. 26 -88
passed and approved on May 2, 1988 and thereafter amended and restated b y Ordinance No.
63-88 on December 5, 1988, by Ordinance No. 66-97 on November 17, 1997, by Ordinance No.
70-08 on October 20, 2008, by Ordinance No. 10 -14 on February 3, 2014, by Ordinance No.
39-15 on June 1, 2015, by Ordinance No. 55 -15 on September 8, 2015, by Ordinance No. 49-
16 on September 19, 2016, Ordinance 18-18 on May 21, 2018, by Ordinance 45-18 on Decem-
ber 17, 2018, by Ordinance 15-21 and Ordinance 16-21 on April 19, 2021, by Ordinance 22-21
on June 7, 2021, by Ordinance 31-21 and Ordinance 32-21 on September 20, 2021, by Ordi-
nance 37-21 on November 1, 2022, by Ordinance 21-22 on May 16, 2022, by Ordinance 28-22
on September 6, 2022, by Ordinance 28-22A on November 7, 2022, by Ordinance 10-23 on
March 20, 2023, and by Ordinance 30-23 on June 5, 2023; and
Whereas, indebtedness has been incurred by the City, and additional indebtedness is antic-
ipated to be incurred in the future, to finance urban renewal project activities within the District,
and the continuing needs of redevelopment within the District are such a s to require the contin-
ued application of the incremental tax resources of the District; and
Whereas, the following enactment is necessary to accomplish the objectives described in the
premises.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA, THAT:
Ordinance Number 30-23-A is hereby amended to read as follows:
Section 1. Section 1 is amended to read as follows:
Section 1: For purposes of this Ordinance, the following terms shall have the following
meanings:
(a) Original Project Area means that portion of the City of Dubuque, Iowa described in
the Urban Renewal Plan for the District approved by Resolution No. 130 -88 on May 2,
1988, and subsequently amended by Resolution No. 484 -90 on December 17, 1990, which
Original Project Area includes the lots and parcels located within the area now legally de-
scribed as follows:
All of Dubuque Industrial Center Eighth Addition; and
All of Lot 1 Dubuque Industrial Center 13th Addition; and
Lot 2 Dubuque Industrial Center 13th Addition; and
Lot 1-2-2 Dubuque Industrial Center Fifth Addition; and
Lot 1 Dubuque Industrial Center Fifth Addition; and
Lot 1 Dubuque Industrial Center 11th Addition; and
Lot 1 of 2 of Dubuque Industrial Center Fifth Addition; and
Lot 1 of 2 of Dubuque Industrial Center Fifth Addition; and
Lot 1-3 Dubuque Industrial Center 12th Addition; and
Lot 1 of lot 3 of final plat of lot 1 of Dubuque Industrial Center First Addition; and
Lot 1 Dubuque Industrial Center 10th Addition; and
Lot 2-3 Dubuque Industrial Center 12th Addition; and
Lots 1 & 2 of final plat of lot 1 of Dubuque Industrial Center First Addition; and
Lot 1 Dubuque Industrial Center 12th Addition; and
Lot 2 Dubuque Industrial Center Ninth Addition; and
Lot 2 Dubuque Industrial Center 12th Addition; and
Lot 2-2 Dubuque Industrial Center Sixth Addition; and
Lot 3 Dubuque Industrial Center Ninth Addition; and
Lot 1 Dubuque Industrial Center Sixth Addition; and
Lot 2 of 2 Dubuque Industrial Center 7th Addition; and
Lot 2-1 Walter Addition; and
Lot 2-1 Walter Addition; and
And all adjoining public right-of-way, all in the City of Dubuque, Dubuque County, Iowa.
The Original Project Area is referred to as "Subarea A" in the Urban Renewal Plan
hereinafter described.
(b) Subarea B has been removed from the division of revenues by Ordinance 22 -21 on
June 7, 2021.
(c) Subarea C means that portion of the City of Dubuque, Iowa described as Subarea
C in the Amended and Restated Urban Renewal Plan for the District approved by Resolu-
tion No. 289-22 on September 6, 2022, which Subarea C includes the lots and parcels
located within the area legally described as follows:
Lots 1 and 2 of Dubuque Industrial Center North Second Addition;
Lots 2, 3, C and A of Dubuque Industrial Center North First Addition, excepting that
Part of said Lot A originally platted as Lot 2 of the SW ¼ of the NW ¼ of Sec. 30, T89N,
R2E of the 5th PM; and
any adjoining public street right-of-way, all in the City of Dubuque, Dubuque County,
Iowa,
EXCEPT those lots and parcels included in Subarea K, those lots and parcels included
in Subarea O, and those lots and parcels included in Subarea R.
(d) Subarea D means that portion of the City of Dubuque, Iowa described as Subarea
D in the Amended and Restated Urban Renewal Plan for the District approved by Resolu-
tion No. 109-08 on April 7, 2008, which Subarea D includes the lots and parcels located
within the area legally described as follows:
Lots 1, 2, and B and all of the right of way of Chavenelle Court in Dubuque Industrial
Center West 8th Addition in the City of Dubuque, Dubuque County, Iowa.
(e) Subarea E means that portion of the City of Dubuque, Iowa described as Subarea
E in the Amended and Restated Urban Renewal Plan for the District approved by Resolu-
tion No. 73-23 on March 20, 2023, which Subarea E includes the lots and parcels located
within the area legally described as follows:
All of Dubuque Industrial Center South First Addition in the City of Dubuque, Iowa,
except Lot 2 of Dubuque Industrial Center South First Addition in the City of Dubuque,
Iowa; and
All of Seippel Road right of way from the north boundary line of Lot 1 of 1 of South
Fork Subdivision No. 1 in the City of Dubuque, to the south boundary lines of Lot H of
Dubuque Industrial Center West and Lot 1 of Dubuque Industrial Center West 2nd Addi-
tion in the City of Dubuque, Dubuque County, Iowa, including crossings at the intersec-
tions of Old Highway Road and Chicago Central & Pacific Railroad rights-of-way.
(f) Subarea F means that portion of the City of Dubuque, Iowa, and Dubuque County
described as Subarea F in the Amended and Restated Urban Renewal Plan for the District
approved by Resolution No. 197-15 on June 1, 2015, which Subarea F includes the lots
and parcels located within the area legally described as follows:
Lot one (1) of Graf Farm Subdivision #2, Dubuque County, Iowa, according to the
recorded plat thereof;
Lot 1 of Lot 1 of Lot 1 of Lot 1 of West One-half of Northeast One-quarter, Section 25,
Township 89 North, Range 1 East of the 5th Principal Meridian, in Center Township,
Dubuque County, Iowa;
Lot 2 in “W.A. Norman Place" in Section 25, Center Township, Dubuque County, Iowa,
according to the plat thereof; and
The NW 1/4 of the SE 1/4 of Section 25, Township 89 North, Range 1 East of the 5th
P.M., in Center Township, Dubuque County, Iowa.
(g) Subarea G means that portion of the City of Dubuque, Iowa, and Dubuque County
described as Subarea G in the Amended and Restated Urban Renewal Plan for the District
approved by Resolution No. 309-15 on September 8, 2015, which Subarea G includes the
lots and parcels located within the area legally described as follows:
The South one-half of the Northwest Quarter of Section 29, Township 89 North, Range
2 East of the 5th Principal Meridian, in the City of Dubuque, Iowa.
Lot 1 of Lot 1 of the Northwest Quarter of the Northwest Quarter of Section 29, Town-
ship 89 North, Range 2 East of the 5th Principal Meridian, in the City of Dubuque, Iowa.
Lot 2 of McFadden Farm Place #2, in the City of Dubuque, Iowa.
Lot 2 of McFadden Farm Place, in the City of Dubuque, Iowa.
Lot A of Lot 1 of 1 of the Southwest Quarter of the Southwest Quarter of Section 29,
Township 89 North, Range 2 East of the 5th Principal Meridian, in the City of Dubuque,
Iowa.
Lot A of Lot 1 of 1 of the Northwest Quarter of the Southwest Quarter of Section 29,
Township 89 North, Range 2 East of the 5th Principal Meridian, in the City of Dubuque,
Iowa.
All in the City of Dubuque, Dubuque County, Iowa.
(h) Subarea H means that portion of the City of Dubuque, Iowa, and Dubuque County
described as Subarea H in the Amended and Restated Urban Renewal Plan for the District
approved by Resolution No. 332-16 on September 19, 2016, which Subarea H includes
the lots and parcels located within the area legally described as follows:
Lot 1 of the Northeast ¼ of the Northeast ¼, and Lot 2 of Lot 1 of Lot 1 of Lot 2 of the
Northeast ¼ of the Northeast ¼, of Section 30, in Township 89 North, Range 2 East of
the 5th Principal Meridian, in the City of Dubuque, Iowa.
(i) Subarea I means that portion of the City of Dubuque, Iowa, and Dubuque County
described as Subarea I in the Amended and Restated Urban Renewal Plan for the District
approved by Resolution No. 332-16 on September 19, 2016, which Subarea I includes the
lots and parcels located within the area legally described as follows:
Lot 2 Seippel Road Place #2, Dubuque County, Iowa.
Lot 2-1-1 of the Southeast Quarter of the Southeast Quarter of Section 25, Township
89 North, Range 2 East of the 5th Principal Meridian, Dubuque County, Iowa
(j) Subarea J means that portion of the City of Dubuque, Iowa, and Dubuque County
described as Subarea J in the Amended and Restated Urban Renewal Plan for the District
approved by Resolution No. 332-16 on September 19, 2016, which Subarea J includes
the lots and parcels located within the area legally described as follows:
Lot 2 Julien Care Place, Dubuque County, Iowa.
Lot 3 Julien Care Place, Dubuque County, Iowa
Lot 2-1 Julien Care Place, Dubuque County, Iowa
(k) Subarea K means that portion of the City of Dubuque, Iowa, removed from Subarea
C of the District by Version 2018.1 of the Amended and Restated Plan for the District
approved by Resolution No. 157-18, and added to the District by Version 2018.2 of the
Amended and Restated Plan for the District approved by Resolution No. 158 -18 as Sub-
area K, all on May 21, 2018, which Subarea K includes the lots and parcels located within
the area legally described as follows:
Lot 1 of Dubuque Industrial Center North Third Addition, in the City of Dubuque, Iowa.
(l) Subarea L means that portion of the City of Dubuque, Iowa described as Subarea L
in the Amended and Restated Urban Renewal Plan for the District approved by Resolution
380-18 on December 17, 2018, which Subarea L includes the lots and parcels located
within the area legally described as follows:
Lot 1 of Loretta Bahl’s Homestead, in the City of Dubuque, Iowa, comprised of Lot 1
of the West 30 Acres of the Southwest ¼ of the Southeast ¼, Section 19, Township 89
North, Range 2 East of the 5th P.M. all in the City of Dubuque, Dubuque County, Iowa.
(m) Subarea M means that portion of the City of Dubuque, Iowa described as Subarea
M in the Amended and Restated Urban Renewal Plan for the District approved by Reso-
lution 380-18 on December 17, 2018, which Subarea M includes the lots and parcels lo-
cated within the area legally described as follows:
Lot 2 of the Subdivision of Lot 2 of the Northeast ¼ of the Northeast ¼ of Section 30,
Township 89 North, Range 2 East of the 5th P.M. all in the City of Dubuque, Dubuque
County, Iowa.
(n) Subarea N means that portion of the City of Dubuque, Iowa described as Subarea
N in the Amended and Restated Urban Renewal Plan for the District approved by Resolu-
tion 126-21 on April 19, 2021, which Subarea N includes the lots and parcels located with in
the area legally described as follows:
Lot 1 of Dubuque Industrial Center North First Addition, in the City of Dubuque, Iowa;
and
All of the street right of way of Innovation Drive adjacent to Lot 1 of Dubuque Industrial
Center North First Addition, in the City of Dubuque, Iowa.
All in the City of Dubuque, Iowa
(o) Subarea O means that portion of the City of Dubuque, Iowa removed from Subarea
C and now described as Subarea O in the Amended and Restated Urban Renewal Plan
for the District approved by Resolution 324 -21 on September 20, 2021, which Subarea O
includes the lots and parcels located within the area legally describ ed as follows:
Lot 2 of Dubuque Industrial Center North Third Addition, in the City of Dubuque, Iowa;
and
A Part of Lot C in Dubuque Industrial Center North First Addition in the City of Dubu-
que, Iowa, being more particularly described as follows:
Commencing at the northwest corner of Lot 1 in Dubuque Industrial Center North Sec-
ond Addition in the City of Dubuque, Iowa;
Thence North 87 degrees 35 minutes 13 seconds East along the north line of said Lot
1, 65.47 feet to the Point of Beginning;
Thence North 87 degrees 35 minutes 13 seconds East continuing along said north line
of Lot 1, 467.29 feet;
Thence South 82 degrees 04 minutes 06 seconds East continuing along said north
line of Lot 1, 212.63 feet;
Thence North 19 degrees 12 minutes 36 seconds East, 433.37 feet, to a point on the
easterly line of Lot 2 in Dubuque Industrial Center North Third Addition in the City of
Dubuque, Iowa;
Thence North 90 degrees 00 minutes 00 seconds West, 231.12 feet;
Thence North 60 degrees 11 minutes 47 seconds West, 280.07 feet;
Thence North 51 degrees 38 minutes 25 seconds West, 318.12 feet;
Thence South 57 degrees 28 minutes 14 seconds West, 86.87 feet;
Thence South 18 degrees 59 minutes 51 seconds East, 140.84 feet;
Thence South 51 degrees 57 minutes 52 seconds East, 101.08 feet;
Thence South 01 degree 57 minutes 06 seconds East, 108.09 feet;
Thence South 33 degrees 59 minutes 54 seconds East, 90.10 feet;
Thence South 44 degrees 57 minutes 34 seconds East, 130.53 feet;
Thence South 12 degrees 19 minutes 12 seconds West, 171.97 feet;
Thence South 87 degrees 35 minutes 13 seconds West, 260.33 feet;
Thence South 02 degrees 35 minutes 19 seconds East, 40.00 feet, to the Point of
Beginning, said part of Lot C contains 6.59 acres, more or less.
All in the City of Dubuque, Iowa
(p) Subarea P means that portion of Dubuque County and the City of Dubuque, Iowa
described as Subarea P in the Amended and Restated Urban Renewal Plan for the District
approved by Resolution 387-21 on November 1, 2021, which Subarea P includes the lots
and parcels located within the area legally described as follows:
Lot 2 of Wertzberger Acres No. 3, in Table Mound Township, Dubuque County, Iowa,
according to the recorded Plat thereof; and
The Southwest 1/4 of the Northeast 1/4, Lot 1 of the Northwest 1/4 of the Northeast
1/4, Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4, and Lot 2 of the Southeast
1/4 of the Northeast 1/4, in Section 14, Township 88 North, Range 2 East of the 5t h P.M.,
in Dubuque County, Iowa, according to United States Government Survey and the rec-
orded Plats thereof, excepting therefrom that land acquired for highway right of way by
the Iowa Department of Transportation known as Lot A of Lot 1 of the Northwest 1/4 of
the Northeast 1/4 and of Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4 and of
Lot 2 of the Southeast 1/4 of the Northeast 1/4, all in Section 14, Township 88 North,
Range 2 East of the 5th P.M., County of Dubuque, State of Iowa, containing 11.95 acres
and as shown and described in the Warranty Deed filed as Instrument Number 2010 -
00003964 in the Dubuque County Recorder’s Office, and excepting therefrom that land
acquired for highway right of way by the Iowa Department of Transportation known as
Lot B of Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4 and of Lot 2 of the
Southeast 1/4 of the Northeast 1/4, all in Section 14, Township 88 North, Range 2 East
of the 5th P.M., County of Dubuque, State of Iowa, containing 0.62 acres and as shown
and described in the Warranty Deed filed as Instrument Number 2011 -00011776 in the
Dubuque County Recorder’s Office; and
All that land acquired for highway right of way by the Iowa Department of Transporta-
tion known as Lot A of Lot 1 of the Northwest 1/4 of the Northeast 1/4 and of Lot 1 of Lot
1 of the Northeast 1/4 of the Northeast 1/4 and of Lot 2 of the Southeast 1/4 of the North-
east 1/4, all in Section 14, Township 88 North, Range 2 East of the 5th P.M., County of
Dubuque, State of Iowa, containing 11.95 acres and as shown and described in the war-
ranty deed filed as instrument number 2010 -00003964 in the Dubuque County Re-
corder’s Office, and
All that land acquired for highway right of way by the Iowa Department of Transporta-
tion known as Lot B of Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4 and of Lot
2 of the Southeast 1/4 of the Northeast 1/4, all in Section 14, Township 88 North , Range
2 East of the 5th P.M., County of Dubuque, State of Iowa, containing 0.62 acres and as
shown and described in the warranty deed filed as instrument number 2011 -00011776 in
the Dubuque County Recorder’s Office; and
All that land acquired for highway right of way by the Iowa Department of Transporta-
tion known as Lot A of Lot 2 of the Southwest 1/4 of the Northwest 1/4, all in Section 13,
Township 88 North, Range 2 East of the 5th P.M., County of Dubuque, State of Iowa,
containing 7.50 acres and as shown and described in the warranty deed filed as instru-
ment number 2010-00007163 in the Dubuque County Recorder’s Office; and
A part of that land acquired for highway right of way by the Iowa Department of Trans-
portation known as Lot A of Lot 2 of 3 of Archdiocese Place No. 2 at Key West in Section
11, Township 88 North, Range 2 East of the 5th P.M., County of Dubuque and of Lot 2
of the Northwest 1/4 of the Northeast 1/4 and of Lot 2 of 1 of the Northeast 1/4 of the
Northeast 1/4 and of Lot 1 of the Southeast Quarter of the Northeast Quarter, all in Sec-
tion 14, Township 88 North, Range 2 East of the 5th P.M., County of Dubuque, S tate of
Iowa, containing 51.12 acres and as shown and described in the warranty deed filed as
instrument number 2011-00018392 in the Dubuque County Recorder’s Office, more par-
ticularly described as follows:
Commencing at the east 1/4 corner of said section 14; thence south 87° (degrees) 30'
(minutes) 08" (seconds) west (assumed bearing for the purpose of this description) on
the south line of the northeast 1/4 of said section 14, a distance of 316.67 feet to the
southeast corner of said lot 1 of the southeast 1/4 of the northeast 1/4 which is on the
present northwesterly right-of-way line of U.S. highway 61, being the point of beginning
of the area herein described; thence continuing south 87°30'08" west on sa id south line,
also being the south line of said lot 1 of the southeast 1/4 of the northeast 1/4, a distance
of 744.37 feet to the west line of said lot 1 of the southeast 1/4 of the northeast 1/4;
thence north 01°46'59" west on said west line, 365.46 feet ; thence north 02°36'29" west
on said west line, 258.32 feet to the northwesterly line of said lot 1 of the southeast 1/4
of the northeast 1/4; thence north 15°33'01" east on said northwesterly line, 189.90 feet;
thence north 20°16'31" east on said northwesterly line, 100.25 feet; thence north
31°16'30" east on said northwesterly line, 371.74 feet; thence north 51°35'55" east on
said northwesterly line, 46.89 feet; thence north 26°34'03" east on said northwesterly
line, 112.65 feet to the northwest corner of said lot 1 of the southeast 1/4 of the northeast
1/4, also being the southwest corner of said lot 2 of 1 of the northeast 1/4 of the northeast
1/4; thence north 35°25'51" east on the westerly and southwesterly line of said lot 2 of 1
of the northeast 1/4 of the northeast 1/4, a distance of 200.90 feet; thence north 01°11'53"
west on said westerly and southwesterly line, 284.09 feet; thence north 51°36'20" west
on said westerly and southwesterly line, 173.35 feet; thence south 73°41'30" east a dis-
tance of 115.82 feet; thence south 48°36'34" east on the northeasterly line of said lot 2
of 1 of the northeast 1/4 of the northeast 1/4, 759.07 feet to t he southeast corner of said
lot 2 of 1 of the northeast 1/4 of the northeast 1/4, also being the northeast corner of said
lot 1 of the southeast 1/4 of the northeast 1/4; thence south 02°41'19" east on the easterly
line of said lot 1 of the southeast 1/4 of the northeast 1/4, a distance of 954.91 feet to the
present northwesterly right-of-way line of U.S. highway 61; thence south 38°00'39” west
on said northwesterly right-of-way line, 485.62 feet to the point of beginning, containing
31.49 acres, more or less; and
An 80-foot-wide strip of land in the Southeast Half of Section 31, Township 89 North,
Range 2 East, The Southwest Quarter of Section 32, Township 89 North, Range 2 East,
the North Half of Section 5, Township 88 North, Range 2 East, the Northwest, Northeast ,
and Southeast Quarters of Section 4, Township 88 North, Range 2 East, the South Half
of Section 3, Township 88 North, Range 2 East, the Southwest Quarter of Section 2,
Township 88 North, Range 2 East, the Northwest, Northeast, and Southeast Quarters of
Section 11, Township 88 North, Range 2 East, and the Northeast Quarter of Section 14,
Township 88 North, Range 2 East, of the Fifth Principal Meridian, centered on the follow-
ing described line:
Commencing at the Southeast Corner of Lot B, Dubuque Industrial Center South First
Addition, in the City of Dubuque, Dubuque County, Iowa (Record Doc. #2014 -1397), at
the Northerly Right-of-Way of Seippel Road; thence South 35°44’18” East (Record North
35°52’10” West) along the East Line of said First Addition, 11.13 feet; thence South
10°51’45” East, 40.00 feet to the centerline of Seippel Road, the Point of Beginning;
thence North 79°08’15” East along said centerline, 1004.09 feet; thence Easterly along
the centerline of U. S. Highway 52 and the extension thereof an arc length of 880.50 feet
along a 1,200.00 foot radius curve being concave southerly, having a long chord of South
79°50’32” East, 860.88 feet; thence South 58°49’18” East along said centerline of U. S.
Highway 52, 2,489.33 feet; thence Southeasterly along said centerline of U. S. Highway
52 an arc length of 3,363.36 feet along a 12,000.00 foot radius curve being concave
Northeasterly, having a long chord of South 66°51’04” East, 3,352.36 feet; thence South
74°52’50” East along said centerline of U. S. Highway 52, 1318.07 feet; thence South-
easterly along said centerline of U. S. Highway 52 an arc length of 1,569.39 feet along a
12,000.00 foot radius curve being concave Southwesterly, having a lon g chord of South
71°08’02” East, 1,568.27 feet; thence South 67°23’15” East along said centerline of U.
S. Highway 52, 1093.39 feet; thence Southeasterly along said centerline of U. S. Highway
52 an arc length of 1,414.18 feet along a 23,000.00 foot radius curve being concave
Southwesterly, having a long chord of South 65°37’33” East, 1,413.95 feet; thence South
63°51’52” East along said centerline of U. S. Highway 52, 947.44 feet; thence Southeast-
erly along said centerline of U. S. Highway 52 an arc length of 1,134.73 feet along a
8,000.00 foot radius curve being concave Northeasterly, having a long chord of South
67°55’41” East, 1,133.78 feet; thence South 71°59’29” East along said centerline of U.
S. Highway 52, 3,507.89 feet; thence Southeasterly along said centerline of U. S. High-
way 52 an arc length of 7,787.63 feet along a 7,500.00 foot radius curve being concave
Southwesterly, having a long chord of South 42°14’42” East, 7,442.46 feet; thence South
12°29’54” East along said centerline of U. S. Highway 52, 750.54 feet; thence Southeast-
erly along said centerline of U. S. Highway 52 an arc length of 449.54 feet along a
4,000.00 foot radius curve being concave Northeasterly, having a long chord of South
15°43’05” East, 449.31 feet, to the End Point, the sidelines of said 80-foot-wide strip of
land are to be shortened or lengthened to the intersection of the easterly line of Dubuque
Industrial Center South First Addition, in the City of Dubuque, Dubuque County, Iowa as
recorded in Doc. #2014-1397 and the intersection of the northerly line of Lot 1 and Lot 1
of 1 as recorded in Doc. #2010-3964.
(q) Subarea Q means that portion of the City of Dubuque, Iowa described as Subarea
Q in the Amended and Restated Urban Renewal Plan for the District approved by Resolu-
tion 197-22 on May 16, 2022, which Subarea Q includes the lots and parcels located within
the area legally described as follows:
Lot 1-5 of Dubuque Industrial Center West 5th Addition in the City of Dubuque, Iowa
All in the City of Dubuque, Iowa
(r) Subarea R means that portion of the City of Dubuque, Iowa described as Subarea R
in the Amended and Restated Urban Renewal Plan for the District approved by Resolution
290-22A on November 7, 2022, which Subarea R includes the lots and parcels located
within the area legally described as follows:
Part of Lot 3 in the Dubuque Industrial Center North First Addition in the City of Dubu-
que, Dubuque County, Iowa, Except Lot ‘A’ of Lot 3 in Dubuque Industrial Center North
First Addition in the City of Dubuque, Dubuque County, Iowa, described as follows: Com-
mencing at the southeast corner of said Lot 3; thence N00°36’04”W, 364.16 feet along
the east line of said Lot 3; thence S89°24’16”W, 502.28 feet along the outside face of the
south wall of the existing building to the point of beginning; thence S00°35’44”E, 37.00
feet; thence S89°24’16”W, 170.00 feet; thence N00°35’44”W, 32.00 feet; thence
S89°24’16”W, 210.00 feet; thence N00°35’44”W, 362.00 feet; thence N89°24’16”E,
255.00 feet to the northerly extension of the outside face of the west wall of the exis ting
building; then S00°35’44”E, 357.00 feet along said face of the west wall of the southwest
corner of the existing building; thence N89°24’16”E, 125.00 feet along the face of the
south wall of the existing building to the point of beginning, containing 2.258 acres
All in the City of Dubuque, Iowa.
(s) Subarea S means that portion of the City of Dubuque, Iowa described as Subarea
S in the Amended and Restated Urban Renewal Plan for the District approved by Resolu-
tion 74-23 on March 20, 2023, which Subarea S includes the lots and parcels located within
the area legally described as follows:
Lot 2 of Dubuque Industrial Center South First Addition in the City of Dubuque, Iowa
All in the City of Dubuque, Iowa.
(t) Subarea T means that portion of the City of Dubuque, Iowa described as Subarea T
in the Amended and Restated Urban Renewal Plan for the District approved by Resolution
180-23 on June 5, 2023, which Subarea T includes the lots and parcels located within the
area legally described as follows:
The East 10 Acres of the Southwest Quarter of the Southeast Quarter of Section 19,
T89N, R2E, of the 5th P.M., Dubuque County, Iowa
All in the City of Dubuque, Iowa.
(u) Amended Project Area means that portion of the City of Dubuque, Iowa and Dubu-
que County included within the Original Project Area, Subarea C, Subarea D, Subarea E,
Subarea F, Subarea G, Subarea H, Subarea I, Subarea J, Subarea K, Subarea L, Subarea
M, Subarea N, Subarea O, Subarea P, Subarea Q, Subarea R, Subarea S, and Subarea
T each as described in this Section.
Section 2. Section 3 is amended to read as follows:
Section 3: As to the Original Project Area, that portion of the taxes which would be pro-
duced by the rate at which the tax is levied each year by or for each of the taxing districts
taxing property in the Original Project Area upon the total sum of the assessed value of the
taxable property in the Original Project Area as shown on the assessment roll as of January
1, 1987, being the first day of the calendar year preceding the effective date of Ordinance
No. 26-88, shall be allocated to and when collected be paid into the fund for the respective
taxing district as taxes by or for said taxing district into which all other property taxes are
paid. The taxes so determined shall be referred herein as the "base period taxes" for such
Subarea.
As to Subarea B, Subarea B has been removed from the division of revenues by Ordi-
nance 22-21. Subarea B will remain within the District.
As to Subarea C (except the lots and parcels now forming Subarea K and those lots
and parcels removed by Amended and Restated Urban Renewal Plan Version 2021.4 now
forming Subarea O, and those lots and parcels removed by Ordinance 27-22, now forming
Subarea R), base period taxes shall be computed in the same manner using the total
assessed value shown on the assessment roll as of January 1, 2007, being the assess-
ment roll applicable to property in such subarea as of January 1 of the calendar year pre-
ceding the effective date of Ordinance No. 70-08, and base values shall be reduced due
to the removal of area from Subarea C.
As to Subarea D, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2007, being the as-
sessment roll applicable to property in such subarea as of January 1 of the calendar year
preceding the effective date of Ordinance No. 70-08.
As to Subarea E, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2013, being the as-
sessment roll applicable to property in such subarea as of January 1 of the calendar year
preceding the effective date of Ordinance No. 10-14.
As to Subarea F, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2014, being the as-
sessment roll applicable to property in such subarea as of January 1 of the calendar year
preceding the effective date of Ordinance No. 39-15.
As to Subarea G, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2014, being the as-
sessment roll applicable to property in such subarea as of January 1 of the calendar year
preceding the effective date of Ordinance No. 55-15.
As to Subarea H, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2015, being the as-
sessment roll applicable to property in such subarea as of January 1 of the calendar year
preceding the effective date of Ordinance No. 49-16.
As to Subarea I, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2015, being the as-
sessment roll applicable to property in such subarea as of January 1 of the calendar year
preceding the effective date of Ordinance No. 49-16.
As to Subarea J, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2015, being the as-
sessment roll applicable to property in such subarea as of January 1 of the calendar year
preceding the effective date of Ordinance No. 49-16.
As to Subarea K, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2017, being the as-
sessment roll applicable to property in such subarea as of January 1 of the calendar year
preceding the effective date of Ordinance No. 18-18.
As to Subarea L, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2017, being the as-
sessment roll applicable to property in such subarea as of January 1 of the calendar year
preceding the effective date of Ordinance No. 45-18.
As to Subarea M, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2017, being the as-
sessment roll applicable to property in such subarea as of January 1 of the calendar year
preceding the effective date of Ordinance No. 45-18.
As to Subarea N, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2020, being the as-
sessment roll applicable to property in such subarea as of January 1 of preceding the
effective date of Ordinance No. 16-21.
As to Subarea O, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2020, being the as-
sessment roll applicable to property in such subarea as of January 1 of preceding the
effective date of Ordinance 32-21.
As to Subarea P, Subarea P has been removed from the division of revenues by Ordi-
nance 21-22. Subarea P will remain within the District.
As to Subarea Q, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2021, being the as-
sessment roll applicable to property in such subarea as of January 1 of the calendar year
preceding the effective date of Ordinance No. 21-22.
As to Subarea R, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2021, being the as-
sessment roll applicable to property in such subarea as of January 1 of the calendar year
preceding the effective date of Ordinance No. 28-22-A.
As to Subarea S, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2022, being the as-
sessment roll applicable to property in such subarea as of January 1 of the calendar year
preceding the effective date of Ordinance No. 10-23.
As to Subarea T, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2022, being the as-
sessment roll applicable to property in such subarea as of January 1 of the calendar year
preceding the effective date of this Ordinance No. 30-23-A.
Section 3: This Ordinance shall be in effect after its final passage, approval and publication
as provided by law.
Passed and approved this 17th 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 21st day of July, 2023.
/s/Adrienne N. Breitfelder, City Clerk
10. An Ordinance Amending Tax Increment Ordinance 33-23 for the Switch Homes Housing
Urban Renewal Area: Motion by Resnick to receive and file the documents and that the require-
ment that a proposed ordinance be considered and voted on for passage at two Council meet-
ings prior to the meeting at which it is to be passed be suspended. Seconded by Farber. Motion
carried 6-0.
Motion by Resnick for final consideration and passage of Ordinance No. 34 -23 Amending
Ordinance 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 indebt-
edness, including bonds issued or to be issued, incurred by said city in connection with said
Switch Homes Housing Urban Renewal Area. Seconded by Farber. Motion carried 6 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 34-23
AMENDING ORDINANCE 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 PRINCI-
PAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, IN-
CLUDING 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 ur ban 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 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 34-23, the following terms have the following mean-
ings:
(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,
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 S33°32’39”E, 269.61 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, 414.69 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, 138.38
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, 424.92 feet; thence N08°12’40”E, 168.21
feet; thence S41°51’35”W, 2.07 feet; thence N27°57’58”W, 96.14 feet; thence
N32°25’45”W, 326.20 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, 258.81 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 tax ing 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 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 t he 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 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 o f 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 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 17th 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 21st day of July, 2023.
/s/Adrienne N. Breitfelder, City Clerk
11. Work Session Request: Four Mounds Foundation: Motion by Roussell to receive and file
the documents and schedule the work session for Monday, August 7, 2023, at 5:00 p.m. Se-
conded by Sprank. City Manager Van Milligen stated that some City Council Members have
expressed challenges arriving at 5:00 p.m. for the work session and proposed the start time be
changed to 5:15 p.m. Motion amended by Roussell to start the work session at 5:15 p.m. Se-
conded by Sprank. Motion carried 6-0.
12. Work Session Request: Smart Parking Mobility Management Plan Update : Motion by
Sprank to receive and file the documents and schedule the work session for Monday, Septem-
ber 11, 2023, at 6:00 p.m. Seconded by Roussell. Motion carried 6 -0.
COUNCIL MEMBER REPORTS
Council Member Roussell reported on volunteering at a farmer’s market booth to promote
Dubuque Trees Forever in which she had a conversation with a couple who were new to Dubu-
que and were enthusiastic about residing in the community.
Council Member Resnick reported on attending a Grand Opera House performance of Into
the Woods.
Council Member Farber reported on the strong attendance at the recent Millwork Night Mar-
ket.
Council Member Wethal reported on attending an event at St. Mark Youth Enrichment.
CLOSED SESSION
Motion by Resnick to convene in closed session at 8:49 p.m. to discuss Purchase or Sale of
Real Estate – Chapter 21.5(1)(j) Code of Iowa. Seconded by Farber. 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 6 -0.
The City Council reconvened in open session at 9:32 p.m. stating that staff had been given
proper direction.
ADJOURNMENT
There being no further business, Mayor Cavanagh declared the meeting adjourned at 9:32
p.m.
/s/Adrienne N. Breitfelder, CMC, City Clerk