08 07 23 City Council Proceedings Official_Special and Regular
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special session at 5:15 p.m. on August 7, 2023 , in the
second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Cavanagh; Council Members Farber, Jones, Resnick, Roussell, Sprank;
Wethal; Assistant City Manager Burbach, City Attorney Brumwell
Absent: City Manager Van Milligan arrived at 5:17 p.m.
Mayor Cavanagh read the call and stated this is a special session of the City Council called
for the purpose of conducting a work session on Sustainable Dubuque – Greenhouse Gas
Inventory Update and Energy Efficiency in Commercial Buildings Update and a Four Mounds
Foundation Update Work Session.
WORK SESSION #1
1. Sustainable Dubuque – Greenhouse Gas Inventory Update and Energy Efficiency in
Commercial Buildings Update: Rachel Meier, Senior Associate, Team Lead on Public Sector
GHG Inventories for Lotus Engineering and Sustainability provided a virtual presentation
regarding Dubuque’s Greenhouse Gas Inventory and how positive declines have been seen in
the data collected. Sustainable Community Coordinator Gina Bell and Climit Action
Coordinator Amanda Lewis updated Council on energy efficiency in commercial buildings . All
presenters responded to questions from the Council following their presentation.
WORK SESSION #2
2. Four Mounds Foundation Update: Jill Courtney, Four Mounds Executive Director shared
information on their past, current, and future work and initiatives, many of which relate to the
City Council’s equity goals. Ms. Courtney played a prerecorded presentation by Becky Bodish,
Four Mounds Program Manager. Leisure Services Manager Marie Ware was present to
answer questions from the City Council. All Council members expressed their appreciation for
the great work being done by the Four Mounds Foundation.
There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:15
p.m.
/s/Trish L. Gleason, Assistant 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 August 7, 2023, in the
second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Cavanagh; Council Members Farber, Jones, Resnick, Roussell, Sprank;
Wethal; City Manager Van Milligen, City Attorney Brumwell
Mayor Cavanagh read the call and stated this is a regular session of the City Council called
for the purpose of conducting such business that may properly come before the City Council.
PLEDGE OF ALLEGIANCE
PROCLAMATION(S)
1. National Health Center Week (August 6 -12) was accepted by Cayla Schneider, Director
of Mission Advancement and Community Relations on behalf of Mission Advancement and
Community Relations and Crescent Community Health Center.
CONSENT ITEMS
Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of
as indicated. Seconded by Farber. Motion carried 7 -0.
1. Minutes and Reports Submitted: City Council Proceedings of 07/17/23; Historic
Preservation Commission of 7/26/23; Library Board of Trustees Update of 6/22/23; Resilient
Community Advisory Commission of 7/13/23; Proof of Publication for City Council Proceedings
of 6/20/23, 6/26/23, 6/28/23, and 7/5/23. Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Matthew Kline for vehicle damage and personal injury;
Donald Sloan for property damage. Upon motion the documents were received, filed, and
referred to the City Attorney.
3. Disposition of Claims: City Attorney advising that the following claims have been referred
to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool:
Matthew Kline for vehicle damage and personal injury; Donald Sloan 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. 238-23 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
procedures was adopted.
RESOLUTION NO. 238-23
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 PROCEDURES
Whereas, Section 1-7-7(E) of the Municipal Code of the City of Dubuque provides that the
Finance Director-City Treasurer shall keep an accurate account of all disbursements, money,
or property, specifying date, to whom, and from what fund paid; and
Whereas, the invoices, presented by those firms and persons providing such goods and
services have been pre-audited by Finance Department personnel in accordance with
generally accepted internal control procedures and have been determined to have been
requisitioned for a lawful municipal purpose; and
Whereas, the Chief Financial Officer-City Treasurer has provided a list of Expenditures
attached hereto, and by this reference made a part hereof, to be drawn to pay for goods and
services provided for City purposes; and
Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142 -18
adopted May 7, 2018, authorized the 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
DUBUQUE, 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
contracts issued in compliance with state and municipal code requirements as requested by
designated requisitioning authorities in accordance with approved budget appropriations.
Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Chief
Financial Officer are hereby authorized and directed to provide the statement of receipts and
disbursements to the City Council, and to publish a summary thereof.
Passed, approved, and adopted this 7th day of August, 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
5. Fiscal Year 2024 Updated Dollars and Cents Brochure Including Moody's Bond rating
Upgrade: Upon motion the documents were received and filed.
6. Proposed Downtown Rehabilitation Grant Award: Upon motion the documents were
received and filed, and Resolution No. 239 -23 Approving a Grant Agreement by and Between
the City of Dubuque, Iowa, and Nia Neighborhoods Opportunity Zone Fund, LLC for the
Redevelopment of 1398 White Street was adopted.
RESOLUTION NO. 239-23
APPROVING A GRANT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE,
IOWA AND NIA NEIGHBORHOODS OPPORTUNITY ZONE FUND, LLC FOR THE
REDEVELOPMENT OF 1398 WHITE STREET
Whereas, Nia Neighborhoods Opportunity Zone Fund, LLC is the owner of the building at
1398 White Street in the City of Dubuque, Iowa (the “Development Property”) legally described
as:
The North 24.9 feet of Lot 482 in the City of Dubuque, Iowa, according to the United
States Commissioner’s Map thereof; and
Whereas, Nia Neighborhoods Opportunity Zone Fund, LLC has applied to the City of
Dubuque Economic Development Department (the “City”) for a Façade Grant, a Planning &
Design Grant, and a Financial Consultant Grant (the “Grants”) for the rehabilitation of the
Development Property (the “Project”); and
Whereas, the Project is eligible for the Grants; and
Whereas, City and Nia Neighborhoods Opportunity Zone Fund, LLC have tentatively
entered into a Grant Agreement for the Development Property (the “Grant Agreement”), a
copy of which is attached hereto; and
Whereas, it is the determination of the City Council that approval of the Grant Agreement
for redevelopment of the Development Property by Nia Neighborhoods Opportunity Zone
Fund, LLC, according to the terms and conditions set out in the Grant Agreement, is in the
public interest of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Grant Agreement between the City of Dubuque and Nia Neighborhoods
Opportunity Zone Fund, LLC is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the Grant
Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to
attest to his signature.
Section 3. That the City Manager is authorized to take such actions as are necessary to
comply with the terms of the Grant Agreement as herein approved.
Passed, approved, and adopted this 7th day of August, 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistance City Clerk
7. Authorizing Contract 23-CTBF-012 by and between the City of Dubuque, Iowa, and the
Iowa Economic Development Authority for the rehabilitation of 1398 White Street: Upon
motion the documents were received and filed, and Resolution No. 240-23 Authorizing
Contract 23-CTBF-012 by and between the City of Dubuque, Iowa, and the Iowa Economic
Development Authority for a Community Catalyst Building Remediation Grant to Nia
Neighborhoods Opportunity Zone Fund, LLC for the Rehabilitation of 1398 White Street in the
City of Dubuque, Iowa was adopted.
RESOLUTION NO. 240-23
AUTHORIZING CONTRACT 23-CTBF-012 BY AND BETWEEN THE CITY OF DUBUQUE,
IOWA, AND THE IOWA ECONOMIC DEVELOPMENT AUTHORITY FOR A COMMUNITY
CATALYST BUILDING REMEDIATION GRANT TO NIA NEIGHBORHOODS
OPPORTUNITY ZONE FUND, LLC FOR THE REHABILITATION OF 1398 WHITE STREET
IN THE CITY OF DUBUQUE, IOWA
Whereas, Nia Neighborhoods Opportunity Zone Fund, LLC has proposed making a One
Hundred Fifty Thousand Dollar ($188,000.00) investment for the rehabilitation of 1398 White
Street in the City of Dubuque, Iowa (the Project); and
Whereas, financial assistance from the Iowa Economic Development Authority is designed
to assist communities with the development or rehabilitation of buildings to stimulate economic
growth or reinvestment in the community; and
Whereas, the Iowa Economic Development Authority has requested the execution of
Contract 23-CTBF-012 in order to finalize the Community Catalyst Building Remediation Grant
and document associated terms for the proposed Project; and
Whereas, the City Council of the City of Dubuque, Iowa finds that authorizing Contract 23 -
CTBF-012 by and between the City of Dubuque, Iowa and the Iowa Economic Development
Authority, a copy of which is attached hereto, is in the best interest of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Contract 23-CTBF-012 by and between the City of Dubuque Iowa, and the
Iowa Economic Development Authority is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute and the City
Manager is hereby directed to submit Contract 23-CTBF-012 the Iowa Economic Development
Authority together with such other documents as may be required.
Passed, approved, and adopted this 7th day of August, 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
8. Notice of Application for Iowa Thriving Communities Designation: Upon motion the
documents were received and filed, and Resolution No. 241 -23 Authorizing the Housing and
Community Development Director to execute an application for the Iowa Finance Authority
Iowa Thriving Communities’ Designation and authorizing the Housing and Community
Development Director and the City Manager to approve the application was adopted.
RESOLUTION NO. 241-23
AUTHORIZING THE HOUSING AND COMMUNITY DEVELOPMENT DIRECTOR TO
EXECUTE AN APPLICATION FOR THE IOWA FINANCE AUTHORITY IOWA THRIVING
COMMUNITIES’ DESIGNATION AND AUTHORIZING THE HOUSING AND COMMUNITY
DEVELOPMENT DIRECTOR AND THE CITY MANAGER TO APPROVE THE
APPLICATION
Whereas, the Iowa Finance Authority announced a new Iowa Thriving Communities
Designation for communities finding creative ways to encourage housing development for
residents of all income-levels; and
Whereas, the City of Dubuque has taken many steps to make the city a welcoming place for
developers through the review of zoning and building codes; and
Whereas, the City of Dubuque also approved a new incentive package in September 2022
that included the use of tax abatement and housing TIF to help encourage housing
development; and
Whereas, the City of Dubuque would benefit from an Iowa Thriving Communities
Designation as it provides bonus points for developers competing for low -income housing tax
credits (LIHTC) and other funding provided through the Iowa Finance Authority and Iowa
Economic Development Authority.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE IOWA:
Section 1: That the Housing and Community Development Director is hereby authorized
and directed to apply for the Iowa Thriving Communities designation; and
Section 2: That the City Manager and the Housing and Community Development Director
are hereby authorized to approve the application that is submitted to the Iowa Finance
Authority; and
Section 3: That the City Manager and the Housing & Community Development Director are
hereby authorized and directed to take all actions necessary to complete the competition
process that follows the application.
Passed, approved, and adopted this 7th day of August 2023.
Brad Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
9. FY 2024 Community Development Block Grant Funding Agreement: Upon motion the
documents were received and filed, and Resolution No. 242 -23 Authorizing Execution of
FY24/PY23 Community Development Block Grant Agreement was adopted.
RESOLUTION NO. 242-23
AUTHORIZING EXECUTION OF FY24/PY23 COMMUNITY DEVELOPMENT BLOCK
GRANT AGREEMENT
Whereas, the City of Dubuque receives Community Development Block Grant funding
annually; and
Whereas, the City Council approved the Fiscal Year 2024 budget that included Community
Development Block Grant allocation; and
Whereas, the City Council and the Federal Department of Housing and Urban Development
have approved an Annual Action Plan for the allocation of this funding in accordance with our
Consolidated Plan; and
Whereas, all services provided will meet a national objective to assist a majority low -
moderate income residents, eliminate slum or blight, or meet an urgent need.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the FY24/PY23 Community Development Block Grant Agreement be
approved.
Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to
execute said Agreement and related documents on behalf of the City of Dubuque, Iowa.
Section 3. That the Director of Housing & Community Development is hereby authorized
and directed to forward said grant award and resulting standard executed contract to the
respective agencies in a timely fashion and as required by the U. S. Department of Housing
and Urban Development.
Section 4. The City Manager or his designee is hereby authorized and directed to execute
related documents to ensure compliance with the grant agreement and timely expenditure of
funds.
Passed, approved, and adopted this 7th day of August 2023.
Brad M. Cavanagh, Mayor
Attest Trish L. Gleason, Assistant City Clerk
10. School Resource Officer and DARE Contracts for Dubuque Community School District
2023-2024 Year: Upon motion the documents were received, filed, and approved.
11. Approval of Plat of Survey of Lot 86A in McDaniel’s Park Hill (AKA “Park Hill, City of
Dubuque, Iowa 1856), in the City of Dubuque, Iowa For Vacating Petition (Agreement
Between City of Dubuque and Dennis R. Walker): This is in response to a request from
property owner Dennis R. Walker (Walker) for the vacating of a portion of National Street
adjacent to the property at 3009 Burlington Street, in the City of Dubuque, Iowa. Upon motion
the documents were received and filed, and Resolution No. 243 -23 Approving Plat of
Proposed Vacated Portion of National Street, In the City of Dubuque, Iowa, To Be Known as
Lot 86A In McDaniel’s Park Hill (Aka “Park Hill, City of Dubuque, Iowa 1856), In the City of
Dubuque, Iowa was adopted.
RESOLUTION NO. 243-23
APPROVING PLAT OF PROPOSED VACATED PORTION OF NATIONAL STREET, IN THE
CITY OF DUBUQUE, IOWA, TO BE KNOWN AS LOT 86A IN MCDANIEL’S PARK HILL
(AKA “PARK HILL, CITY OF DUBUQUE, IOWA 1856), 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 19, 2023 prepared by Buesing and Associates Inc., showing the proposed vacated
area of a portion of National Street, in the City of Dubuque, Iowa and assigned a lot number
thereto, to be known Lot 86A in McDaniel’s Park Hill (AKA “Park Hill, City of Dubuque, Iowa
1856), 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
DUBUQUE, IOWA:
Section 1. That the plat dated July 19, 2023, prepared by Buesing and Associates, Inc.,
relative to the real estate hereinabove described be and the same is hereby approved, and the
Mayor and City Clerk be and they are hereby authorized and directed to execute said plat 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 86A.
Section 3. The City of Dubuque reserves an access easement over the easterly half of said
Lot 86A for maintenance of the public property and utilities in the alley and street Right of
Ways to the south of Burlington Street, as shown on attached plat.
Section 4. 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 7th day of August 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
12. Approved FY24 Special Services Grant Program Agreement With Hills & Dales Senior
Center: Upon motion the documents were received and filed.
13 Fiscal Year 2024 Detailed Budget for the Five Flags Civic Center submitted by ASM
Global: Upon motion the documents were received and filed.
14. Approval of Three Auto Side Loader Solid Waste Truck Purchases FY2024-Modified
Recommendation: Upon motion the documents were received, filed, and approved.
15. Recommendation to Reallocate National Endowment of the Arts American Rescue Plan
Act Funds from Underutilized Budgeted Line Items to Supplement Round 2 of the Creative
Empowerment Subgrant Program: Upon motion the documents were received, filed, and
approved.
16. Approval of Final Plat of Chaplain Schmitt Island : Zoning Advisory Commission
recommending City Council approval of the Final Plat of Chaplain Schmitt Island. Upon motion
the documents were received and filed, and Resolution No. 244-23 Approving the Plat of
Survey of Chaplain Schmitt Island in the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 244- 23
APPROVING THE PLAT OF SURVEY OF CHAPLAIN SCHMITT ISLAND IN THE CITY OF
DUBUQUE, IOWA
Whereas, there has been filed with the City Clerk a Final Plat of Chaplain Schmitt Island in
the City of Dubuque, Iowa; and
Whereas, the Minor Subdivision has been examined by the Zoning Advisory Commission
and its approval has been endorsed thereon and
Whereas, said Minor Subdivision has been examined by the City Council and they find that
it conforms to the statues and ordinances relating thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances,
Unified Development Code, is waived to allow 0 feet of street frontage on a public street or
approved private street for Lot 2.
Section 2. That the Final Plat of Chaplain Schmitt Island in the City of Dubuque, Iowa is
hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse
the approval of the City of Dubuque, Iowa upon said Plat of Survey.
Passed, approved, and adopted this 7th day of August 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
ACCEPTANCE OF RESOLUTION NO. 244- 23
I, the undersigned, Brad M. Cavanagh, Mayor of the City of Dubuque, having read the
terms and conditions of Resolution No. 244 - 23 and being familiar with the conditions thereof,
hereby accept this same and agree to the conditions required therein.
Dated in Dubuque, Iowa this 8th day of August 2023.
Brad M. Cavanagh, Mayor City of Dubuque
17. Request for Proposals for Historic and Architectural Surveys for Deereville and Voelker
Highlands Neighborhoods: Upon motion the documents were received, filed, and approved.
18. St. Anne & Avalon Intersection Reconstruction Project Acceptance : Upon motion the
documents were received and filed, and Resolution No. 245 -23 Accepting the St Anne &
Avalon Intersection Reconstruction Project and Authorizing the Payment to the Contractor was
adopted.
RESOLUTION NO. 245-23
ACCEPTING THE ST ANNE & AVALON INTERSECTION RECONSTRUCTION PROJECT
AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR
Whereas, the public improvement contract for the St Anne & Avalon Intersection
Reconstruction Project (the Project) has been completed by the Contractor, Offset
Construction, LLC, (Contractor), the City Engineer has examined the work and recommends
that the Project be accepted; and
Whereas, the final contract amount for the Project is $217,285.73; and
Whereas, the Contractor has previously been paid $206,421.44, leaving a balance of
$10,864.29; and
Whereas, the City Council finds that the recommendation of the City Engineer should be
accepted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved, and the Project is hereby
accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of
the retainage of $10,864.29 as provided in Iowa Code chapter 573, and to pay such retainage
in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13.
Passed, approved, and adopted this 7th day of August 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF ST ANNE & AVALON
INTERSECTION RECONSTRUCTION PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has
inspected the St Anne & Avalon Intersection Reconstruction Project has been performed in
compliance with the terms of the Public Improvement Contract, and that the total cost of the
completed work is $249,878.58.
Dated this 24th day of July 2023.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 24th day of July 2023.
Adrienne N. Breitfelder, City Clerk
19. Acceptance of 8th Street Brick Pavers Remediation Project: Upon motion the
documents were received and filed, and Resolution No. 246 -23 Accepting The 8th Street Brick
Pavers Remediation Project and Authorizing the Payment to the Contractor was adopted.
RESOLUTION NO. 246-23
ACCEPTING THE 8TH STREET BRICK PAVERS REMEDIATION PROJECT AND
AUTHORIZING THE PAYMENT TO THE CONTRACTOR
Whereas, the public improvement contract for the 8th Street Brick Pavers Remediation
Project (the Project) has been completed by the Contractor, MDE, LLC DBA McDermott
Excavating, (Contractor), the City Engineer has examined the work and recommends that the
Project be accepted; and
Whereas, the final contract amount for the Project is $61,712.00; and
Whereas, the Contractor has previously been paid $58,626.40, leaving a balance of
$3,085.60; and
Whereas, the City Council finds that the recommendation of the City Engineer should be
accepted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved, and the Project is hereby
accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of
the retainage of $3,085.60 as provided in Iowa Code chapter 573, and to pay such retainage
in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13.
Passed, approved, and adopted this 7th day of August 2023.
Brad M. Cavanagh, Mayor
Attest: Trish Gleason, Assistant City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF 8TH STREET BRICK
PAVERS REMEDIATION PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has
inspected the 8th Street Brick Pavers Remediation Project has been performed in compliance
with the terms of the Public Improvement Contract, and that the total cost of the completed
work is $66,648.96.
Dated this 31st day of July 2023.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 31st day of July 2023.
/s/Adrienne N. Breitfelder, City Clerk
20. Highway 20 - N. Cascade Road Truck Stop - Water Service Connection Project
Acceptance of Public Improvement Construction Contract : Upon motion the documents were
received and filed, and Resolution No. 247-23 Accepting the Highway 20 - N. Cascade Road
Truck Stop Water Service Connection Project and Authorizing the Payment to the Contractor
was adopted.
RESOLUTION NO. 247-23
ACCEPTING THE HIGHWAY 20 - N. CASCADE ROAD TRUCK STOP WATER SERVICE
CONNECTION PROJECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR
Whereas, the public improvement contract for the Highway 20 - N. Cascade Road Truck
Stop Water Service Connection Project (the Project) has been completed by the Contractor,
Midwest Concrete, Inc., (Contractor), and the City Engineer has examined the work and
recommends that the Project be accepted; and
Whereas, the final contract amount for the Project is $45,488.31; and
Whereas, the Contractor has previously been paid $32,621.39, leaving a balance of
$12,866.92; and
Whereas, the City Council finds that the recommendation of the City Engineer should be
accepted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved, and the Project is hereby
accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of
the retainage of $12,866.92 as provided in Iowa Code chapter 573, and to pay such retainage
in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13.
Passed, approved, and adopted this 7th day of August 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE HIGHWAY 20 - N.
CASCADE ROAD TRUCK STOP WATER SERVICE CONNECTION PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has
inspected the Highway 20 - N. Cascade Road Truck Stop Water Service Connection Project
has been performed in compliance with the terms of the Public Improvement Contract, and
that the total cost of the completed work is $48,904.52.
Dated this 1st day of August 2023.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 1st day of August 2023.
/s/Trish L. Gleason, Assistant City Clerk
21. 2022 Boating Infrastructure Tier 1 Grant Application - Authorization to submit Grant
Application to assist with funding to perform maintenance dredging at Dubuque Marina : Upon
motion the documents were received and filed, and Resolution No. 248 -23 Authorizing the
filing of a Grant Application with the U.S. Fish and Wildlife Service and Iowa Department of
Natural Resources for the 2022 Boating Infrastructure Tier 1 Grant to assist with funding to
perform maintenance dredging at Dubuque Marina was adopted.
RESOLUTION NO. 248-23
AUTHORIZING THE FILING OF A GRANT APPLICATION WITH THE US FISH AND
WILDLIFE SERVICE AND IOWA DEPARTMENT OF NATURAL RESOURCES FOR THE
2022 BOATING INFRASTRUCTURE TIER 1 GRANT TO ASSIST WITH FUNDING TO
PERFORM MAINTENANCE DREDGING AT DUBUQUE MARINA
Whereas, Dubuque Marina submitted a BIG Tier 1 grant application to the Iowa DNR for
dredging the marina to provide transient boaters, and boaters who operate vessels 26 feet or
larger, access to docking and safe harbor facilities; and
Whereas, in February 2023, Dubuque Marina was notified by the Iowa DNR that they were
awarded $200,000 in BIG Tier 1 grant funding; and
Whereas, due to potential challenges for Dubuque Marina to successfully administer a
federal BIG Tier 1 grant funded project, the Iowa DNR requested the City become the
applicant for the BIG Tier 1 grant and agree to be the lead agency for administering the federal
grant, and
Whereas, for the City to become the Grant Recipient, the City is required to submit a new,
separate application to the FWS and Iowa DNR for the 2022 Boating Infrastructure Tier 1
Grant.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
SECTION 1. The City is hereby authorized to file the grant application with the US Fish and
Wildlife Service and Iowa Department of Natural Resources for the 2022 Boating Infrastructure
Tier 1 Grant to assist with funding to perform maintenance dredging at Dubuque Marina.
Passed, approved, and adopted this 7th day of August 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
22. Force Main Stabilization Project, USACE Partnership, Request for City Betterment :
Authorization to send a letter to the U.S. Department of the Army for the U.S. Army Corps of
Engineers (USACE) to include the design and repair of sanitary sewer force main joints as
part of the Force Main Stabilization Project. Upon motion the documents were received, filed,
and approved.
23. Community Development Block Grant (CDBG) Subrecipient Agreement - SS Event
Center LLC - Marita Theisen Childcare Center: Upon motion the documents were received
and filed, and Resolution No. 249-23 Authorizing execution of CDBG Subrecipient Agreement
with SS Event Center, LLC was adopted.
RESOLUTION NO. 249-23
AUTHORIZING EXECUTION OF CDBG SUBRECIPIENT AGREEMENT WITH SS EVENT
CENTER, LLC
Whereas, SS Event Center LLC identified a need for Community Development Block Grant
(CDBG) funds to rehab Marita Theisen Childcare Center to assist low and moderate -income
persons; and
Whereas, the City Council approved the CDBG Fiscal Year 2023/Program Year 2022
Amendment #2 budget that included Childcare allocation; and
Whereas, City and the Subrecipient certify that the activity will meet the CDBG National
Objective of benefit to low- and moderate-income persons.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Funding Approval/Agreements, authorized by the Community
Development Advisory Commission beginning August 7, 2023 for contracts to the
aforementioned organizations be approved.
Section 2. That the Mayor of the City of Dubuque, or his designee, is hereby authorized
and directed to execute said Agreement and related documents on behalf of the City of
Dubuque, Iowa.
Passed, approved, and adopted this 7th day of August 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
24. F.H. Black & Company Incorporated Consulting Recommendation : For conversion of
Workiva Wdesk budget documents to the new chart of accounts, set up of a style guide, set up
of Wdata to eliminate data synching through spreadsheets, grouping and reconciling of data,
and set up and configuration of dashboards for data validation and data collection. Upon
motion the documents were received, filed, and approved.
25. Improvement Contracts / Performance, Payment, and Maintenance Bonds: Top Grade
Excavating, Inc. for the Old Highway Road Water Main Connection Loop. Upon motion the
documents were received, filed, and approved.
26. Signed Contract(s): American Queen Steamboat Operating Company, LLC for the
Docking Services Agreement; Celebration Belle for the 2023 Docking Agreement;
Dubuqueland Door Company for the Municipal Services Center Salt Shed Door Replacement
Project; Graymont Western Lime for the Eagle Point Water Plant High Calcium Quicklime;
Iowa Based Milling for the 2023 Asphalt Milling Project; J&R Supply, Inc for the Ring & Lids -
Metal Supply; Landmark Turf Services, LLC for the Weed Control Flood Control System
Spraying 2023; McDermott Excavating for the Radford Road Concrete Pavement Repair
Project; WHKS & Co. for the Burlington St. Water Main Improvement Project. Upon motion the
documents were received and filed.
27. Tobacco Compliance Civil Penalty for Tobacco License Holders: These Retailers have
elected to forego a public hearing and will instead submit to statutory penalties prescribed by
law and have agreed to a $300 fine for a first violation: Big Ten Mart, 1875 John F Kennedy
Rd.; Big Ten Mart #12, 405 Rhomberg Ave.; Dollar General #6896, 605 W. Locust St.;
Dubuque #3 Hy-Vee, 400 S. Locust St.; Family Dollar #21599, 2013 Central Ave. #4; Hartig
Drug #3, 2255 John F. Kennedy Rd.; Kwik Stop #72, 2255 Kerper Blvd.; Kwik Stop #86, 2150
Twin Valley Dr.; Midwest Vapors, 2600 Dodge St., Suite B4; Moondog Music, 806 Wacker Dr.
#120. Upon motion the documents were received, filed, and approved.
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 7-0.
1. Resolution Setting a Public Hearing on a Petition to Vacate a portion of National Street,
in the City of Dubuque, Iowa (Agreement Between City of Dubuque and Dennis R. Walker):
Upon motion the documents were received and filed and Resolution No. 250-23 Intent to
vacate and dispose of a portion of National Street, in the City of Dubuque, Iowa, to be known
as Lot 86A in McDaniel’s Park Hill (Aka “Park Hill, City of Dubuque, Iowa 1856), in 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. 250-23
INTENT TO VACATE AND DISPOSE OF A PORTION OF NATIONAL STREET, IN THE
CITY OF DUBUQUE, IOWA, TO BE KNOWN AS LOT 86A IN MCDANIEL’S PARK HILL
(AKA “PARK HILL, CITY OF DUBUQUE, IOWA 1856), IN THE CITY OF DUBUQUE, IOWA
Whereas, per Resolution No. 225-23 the City of Dubuque has entered into an agreement
with Dennis R. Walker for the conveyance of City Owned property including a portion of
National Street, in the City of Dubuque, Iowa; and
Whereas, Dennis R. Walker has requested the vacation of a portion of National Street and
the conveyance of the property to Dennis R. Walker per said agreement; and
Whereas, Buesing and Associates Inc. has prepared and submitted to the City Council a
plat showing the proposed vacated area of National Street, in the City of Dubuque, Iowa and
assigned a lot number thereto, to be known as Lot 86A in McDaniel’s Park Hill (AKA “Park Hill,
City of Dubuque, Iowa 1856), in the City of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to vacate and dispose of Lot 86A in McDaniel’s
Park Hill (AKA “Park Hill, City of Dubuque, Iowa 1856), 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 86A in McDaniel’s Park Hill (AKA “Park Hill, City of Dubuque, Iowa 1856), in the
City of Dubuque, Iowa is hereby set for the 21st 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 published in the manner as prescribed by law.
Passed, approved, and adopted this 7th day of August 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
2. Resolution Setting a Public Hearing for the Fourth Amendment to Development
Agreement Between the City of Dubuque and Port of Dubuque LLC : Upon motion the
documents were received and filed and Resolution No. 251-23 Fixing the date for a public
hearing of the city council of the City of Dubuque, Iowa on the fourth amendment to
Development Agreement between the City of Dubuque, Iowa and Port of Dubuque LLC which
provides for the proposed awarding of housing incentive acquisition grants, and providing for
the publication of notice thereof was adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on August 21, 2023 , in the Historic Federal Building.
RESOLUTION NO. 251-23
FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA ON THE FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF DUBUQUE, IOWA AND PORT OF DUBUQUE LLC WHICH
PROVIDES FOR THE PROPOSED AWARDING OF HOUSING INCENTIVE ACQUISITION
GRANTS, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF
Whereas, the City of Dubuque, Iowa (City) and Merge, LLC entered into a Development
Agreement dated the 18th day of November, 2019, as amended by First Amendment dated
the 6th day of April, 2020, which provided among other things for the issuance of urban
renewal tax increment revenue grant obligations (the Grants); and
Whereas, Merge, LLC assigned the Development Agreement to Port of Dubuque, LLC on
the 13th day of February, 2020, with the consent of City in a Second Amendment dated
November 16, 2020; and
Whereas, a Third Amendment to Development dated May 15, 2020, extended the closing
date of the agreement to July 31, 2023; and
Whereas, City and Port of Dubuque, LLC. now desire to further amend the Development
Agreement as set forth in the attached Fourth Amendment, subject to the approval of the City
Council; and
Whereas, the City Council has tentatively determined that it would be in the best interests of
City to approve the Fourth Amendment to Development Agreement; and
Whereas, before said Fourth Amendment may be approved, Chapter 403 of the Code of
Iowa requires that the City Clerk publish a notice of the proposal and of the time and place of
the meeting at which the City Council proposes to take action thereon and at which meeting
the City Council shall receive oral and/or written objections from any resident or property
owner of said City to such proposed action.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Clerk is hereby authorized and directed to cause this Resolution and a
notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the
City’s intent to approve the Fourth Amendment, to be held on the 21st day of August, 2023 in
the form attached hereto.
Section 2. The City Council will meet at said time and place for the purpose of taking action
on the matter of approval of the Fourth Amendment to Development Agreement, providing for
Housing Incentive Acquisition Grants in an amount not to exceed the Purchase Price, and
extends the Closing Date to October 31, 2023.
Section 3. The City Clerk is hereby directed to cause at least one publication to be made of
a notice of said meeting, in a newspaper, printed wholly in the English language, published at
least once weekly, and having general circulation in said City, said publication to be not less
than four days nor more than twenty days before the date of said meeting on the disposal of
the City’s interest in the Property and the issuance of said obligations.
Section 4. That the notice of the proposed action shall be in substantially the form attached
hereto.
Passed, approved, and adopted this 7th day of August, 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
3. Resolution Setting a Public Hearing on the Extension of Fiber Optic Cable Facilities
Agreement with Mediacom Iowa LLC. Upon motion the documents were received and filed
and Resolution No. 252-23 Setting a public hearing on an amendment to the Fiber Optic Cable
Facilities Agreement between the City of Dubuque, Iowa and MCC Iowa LLC 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. 252-23
SETTING A PUBLIC HEARING ON AN AMENDMENT TO THE FIBER OPTIC CABLE
FACILITIES AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND MCC IOWA
LLC
Whereas, the City of Dubuque (City) and Mediacom Iowa LLC (Mediacom) entered into the
Fiber Optic Cable Facilities Agreement on July 17, 2017 (the Agreement); and
Whereas, the City and Mediacom agree that the Agreement should be amended as set
forth in the attached Amendment; and
Whereas, before the Amendment may be adopted, the City Council shall hold a public
hearing on the amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to dispose of its interest in the foregoing Agreement
by Amendment.
Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a
notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the
City’s intent to dispose of the foregoing-described Property by Lease Supplement, to be held
on the 21st of August, at 6:30 o’clock p.m. at the Historic Federal Building, 350 W 6th St,
Dubuque, Iowa.
Passed, approved, and adopted this 7th day of August, 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L, Gleason, Assistant City Clerk
4. Resolution Setting a Public Hearing for the 2023 Maintenance Dredging Project Initiate
Public Improvement Bidding Process Project Number: 5546000001 -304-67990 Harbor Area
Dredging. Upon motion the documents were received and filed and Resolution No. 253 -23
2023 Maintenance Dredging Project, preliminary approval of plans, specifications, form of
contract, and estimated cost; setting date of public hearing on plans, specifications, form of
contract, and estimated cost; and ordering the advertisement for bids 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. 253-23
2023 MAINTENANCE DREDGING PROJECT-PRELIMINARY APPROVAL OF PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF
PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The proposed plans, specifications, form of contract and estimated cost for the
2023 Maintenance Dredging Project in the estimated amount $500,000.00, 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 21st day of August, 2023, at 6:30 p.m. in the
Historic Federal Building Council Chambers (and/or by virtual means) 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 2023 Maintenance Dredging 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 City Engineer is hereby directed to advertise for 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 with 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 24th day of August 2023. Bids shall be opened and
read by the City Clerk at said time and will be submitted to the City Council for final action at
6:30 p.m. on the 5th day of September 2023, in the Historic Federal Building Council
Chambers (and/or by virtual means) 350 West 6th Street, Dubuque, Iowa.
Passed, approved, and adopted this 7th day of August 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
5. Resolution Setting a Public Hearing for the Community Development Block Grant FY24
Annual Action Plan Amendment #1 : Upon motion the documents were received and filed, and
Resolution No. 254-23 Setting a public hearing on the Fiscal Year 2024 (Program Year 2023)
Community Development Block Grant (CDBG) Annual Action Plan Amendment #1 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. 254-23
SETTING A PUBLIC HEARING ON THE FISCAL YEAR 2024 (PROGRAM YEAR 2023)
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN
AMENDMENT #1
Whereas, the City of Dubuque, through a series of public meetings and hearings, proposed
a Fiscal Year 2024 (Program Year 2023) Community Development Block Grant Annual Action
Plan for inclusion in the City Budget addressing housing and non -housing needs in the
community; and
Whereas, the City desires to hold a public hearing to receive comment on the proposed first
amendment to the Fiscal Year 2024 (Program Year 2023) Community Development Block
Grant Annual Action Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council will meet in the Historic Federal Building, Council
Chambers, 2nd Floor, 350 West 6th Street, Dubuque, Iowa at 6:30 p.m. on September 18,
2023 for the purpose of holding a public hearing and taking action to include the Fiscal Year
2024 (Program Year 2023) Community Development Block Grant Annual Action Plan
Amendment #1 in the City Budget.
Section 2. That the City Clerk is hereby authorized and directed to publish a notice of such
public hearing and the City Council’s intent to review and take action on the Fiscal Year 2024
(Program Year 2023) Community Development Block Grant Annual Plan Amendment #1.
Passed, approved, and adopted this 7th day of August 2023.
Brad M. Cavanagh, Mayor
Attest Trish L. Gleason, Assistant City Clerk
BOARDS/COMMISSIONS
Appointments were made to the following boards/commissions.
1. Airport Zoning Commission: City Code §16-9-1(E)(3b) Two (2) members of the Zoning
Advisory Commission must be appointed to serve on the Airport Zoning Commission, with city
council approval. City Zoning Advisory Commission correspondence requesting City Council ’s
appointment of: Rich Russel, 2045 Embassy West Dr. for a term to expire on 7-1-24 and Matt
Mulligan, 1167 Hunters Ridge with a term to expire on 7-1-25 to the Cross-Representation
openings on the Airport Zoning Commission. Motion by Jones to appoint Mr. Russel and Mr.
Mulligan as recommended by the City Zoning Advisory Commission. Seconded by Sprank.
Motion carried 7-0.
2. Airport Zoning Board of Adjustment: City Code §12-6-5 (B)(1) Two (2) members must be
selected by the city council from the City of Dubuque Zoning Board of Adjustment. City Zoning
Board of Adjustment correspondence requesting City Council’s appointment of Jonathan
McCoy, 263 Main St. for a term to expire on 3-25-26 and Rena Stierman, 390 Moore Heights,
for a term to expire on 3-25-27 to the Cross-Representation openings on the Airport Zoning
Board of Adjustment. Motion by Jones to appoint Mr. McCoy and Ms. Stierman as
recommended by the City of Dubuque Zoning Board of Adjustment. Seconded by Roussell.
Motion carried 7-0.
3. Civic Center Commission: One, 3-Year Term through June 29, 2024 (Vacant term of
Gavin) Applicant: Danielle Jacobs, 3130 Shiras Ave. Motion by Sprank to appoint Mr. Jacobs
to complete the three-year term through June 29, 2024. Seconded by Wethal. Motion Carried
7-0.
4. 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
commission is subject to the State of Iowa Gender Balance Law, §69.16A. 10 Commissioners
total; currently 3 males /4 females /2 openings/ 1 Interim . Upon roll call vote, Ms. Pettitt was
unanimously appointed to the interim term and will serve until a qualified district resident is
appointed or three years from the appointment date, whichever occurs first.
5. Housing Commission: Two, 3-Year Terms through August 17, 2026 (Expiring At-Large
terms of Dixon and Eudaley) Applicants: Amy Eudaley, 950 Wood St. - Additional Applicant;
Matthew Henrick, 2115 Golden Eagle Dr.; Juanita Otis, 2509 Jackson St.; Julietta Scott, 2455
Woodlawn St. Upon roll call vote, Ms. Scott and Ms. Eudaley were appointed to the three -year
terms through August 17, 2026. Ms. Eudaley received one vote (Roussell), and Ms. Scott
received the remaining six votes from Council for one of the terms. M r. Henrick received one
vote (Farber); Ms. Eudaley received the remaining six votes for the other 3-year term.
6. Long Range Planning Advisory Commission: One, 3-Year term through July 1, 2026
(Vacant At-Large term of Vincent) Applicant: Michael Rabagia, 1449 Jackson St. Motion by
Roussell to appoint Mr. Rabagia to the three-year term through July 1, 2026. Seconded by
Jones. Motion carried 7-0.
PUBLIC HEARINGS
1. Public Hearing Equity and Human Rights Commission Request for Commissioner
Removal: Motion by Jones to receive and file the documents and adopt Resolution No. 255-23
Removing a Commissioner from the Equity and Human Rights Commission . Seconded by
Wethal. City Attorney explained that City Code allows city council to remove any
commissioner for cause upon written charges and after public hearing. The written charges for
removal of Ms. Dereka Williams-Robinson are based on City Code 8-2-10D-1 in the event a
commissioner has been absent for three (3) or more consecutive meetings of the commission,
without being excused by the chairperson, such absence will be grounds for the commission
to recommend to the city council that the position be declared vacant . Council members
agreed that removing someone from a commission is not a decision they take lightly, but
because a quorum is required to hold these types of meetings, attendance is important to the
success of the commission. Motion carried 7-0.
RESOLUTION NO. 255-23
REMOVING A COMMISSIONER FROM THE EQUITY AND HUMAN RIGHTS COMMISSION
Whereas, the City of Dubuque, Iowa Equity and 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 declared vacant and a replacement appointed.
2. Attendance must be entered upon the minutes of all meetings.
; and
Whereas, the Equity and 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, a public hearing was set for August 7, 2023 and notice was mailed to Dereka
Williams-Robinson and published in accordance with Iowa Code §362.3; and
Whereas, the City Council held a public hearing on the question of removing Commissioner
Dereka Williams-Robinson from the Equity and Human Rights Commission on August 7, 2023.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby removes Dereka Williams-Robinson from the Equity
and 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 begin recruitment for
appointment to the Equity and Human Rights Commission to fill the seat created by this
removal.
Passed, approved, and adopted this 7th day of August 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
2. Public Hearing 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): Motion by Farber
to receive and file the documents and adopt Resolution No 256 -23 Vacating 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 and Resolution No. 257-23 Disposing of city
interest in Lot 1B of Roger F. and Kathleen A. Klauer Family Place, in the City of Dubuque,
Iowa. Seconded by Farber. Motion carried 7-0.
RESOLUTION NO. 256-23
VACATING 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
conveyance 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; and
Whereas, pursuant to resolution and published notice of time and place of hearing,
published in the Telegraph Herald, a newspaper of general circulation published in the City of
Dubuque, Iowa on the 21st day of July 2023, the City Council of the City of Dubuque, Iowa
met by virtual means on the 7th day of August 2023, at 6:30 p.m. in the Historic Federal
Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County,
Iowa to consider the request to vacate; and
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections,
oral or written to the request to vacate; and
Whereas, the City Council of the City of Dubuque, Iowa, has determined that the proposed
vacation of Lot 1B of Roger F. and Kathleen A. Klauer Family Place, in the City of Dubuque,
Iowa should be approved.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the real estate described as Lot 1B of Roger F. and Kathleen A. Klauer
Family Place, in the City of Dubuque, Iowa, be and the same is hereby vacated.
Passed, approved, and adopted this 7th day of August 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
RESOLUTION NO. 257-23
DISPOSING OF CITY INTEREST IN LOT 1B OF ROGER F. AND KATHLEEN A. KLAUER
FAMILY PLACE, IN THE CITY OF DUBUQUE, IOWA
Whereas, pursuant to resolution and published notice of time and place of hearing,
published in the Telegraph Herald, a newspaper of general circulation published in the City of
Dubuque, Iowa on the 21st day of July, 2023, the City Council of the City of Dubuque, Iowa
met by virtual means on the 7th day of August, 2023, at 6:30 p.m. in the Historic Federal
Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County,
Iowa to consider the proposal for the sale of real estate described as:
Lot 1B of Roger F. and Kathleen A. Klauer Family Place, in the City of Dubuque, Iowa;
and
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections,
oral or written to the proposal to sell such real estate.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the conveyance of City of Dubuque real property described as Lot 1B of
Roger F. and Kathleen A. Klauer Family Place, in the City of Dubuque, Iowa, to CCI5, LLC be
and the same is hereby approved. Conveyance shall be by Quit Claim Deed.
Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed, and
the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to
CCI5, LLC.
Section 3. That the City Clerk be and is hereby authorized and directed to record a certified
copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and
Dubuque County Auditor.
Passed, approved, and adopted this 7th day of August 2023.
Brad M. Cavanagh, Mayor
Attest: Trish Gleason, Assistant City Clerk
3. Public Hearing for Burlington Street Water Main Improvement Project 2023: Motion by
Sprank to receive and file the documents and adopt Resolution No 258 -23 Approval of Plans,
Specifications, Form of Contract, and Estimated Cost for the Old Highway Road Water Main
Connection Loop 2023. Seconded by Jones. Water Department Manager Chris Leaster
addressed question regarding notification of effected residents of the construction schedule
from council. Motion carried 7-0.
RESOLUTION NO. 258 -23
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST FOR THE OLD HIGHWAY ROAD WATER MAIN CONNECTION LOOP 2023
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the Old
Highway Road Water Main Water Main Connection Loop 2023 in the amount of $748,810.00,
are hereby approved.
Passed, adopted, and approved this 7th day of August, 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
ACTION ITEMS
1. Small Business Grant Program Proposed Modifications Approved by the Community
Development Advisory Commission: Motion by Jones to receive and file the documents and
approve the changes to our existing small business grant program in response to evolving
small business needs and entrepreneurial ecosystem development that have been presented
to and approved by the Community Development Advisory Commission. Seconded by Wethal.
Motion carried 7-0.
2. City of Dubuque Secondary Responder Model (Community Response Model). Motion by
Jones to receive and file the documents. Seconded by Sprank. Police Chief Jeremy Jensen
responded to questions from the City Council and introduced Captain Steve Radloff and
Officer Brandan Nugent as members assigned to the Secondary Responder Unit. Motion
carried 7-0.
3. Safety and Security Camera and Automated License Plate Reader Policy : Motion by
Farber to receive and file the documents and approve the updated policy on City of Dubuque
Traffic Camera use with the addition of Automated License Plate Readers (APLR). Seconded
by Jones. Police Chief Jeremy Jenson explained that the camaras only track license plates.
No faces or personal travel history is collected. The automated license plate reader is
designed to notify local police if a vehicle with a license plate numb er previously entered into
the system because of an arrest warrant or an Amber Alert has passed by the camera. The
Chief explained that the data was only allowed to be accessed by certified officers and used
for but not limited to such investigations as homicides, burglaries, abducted children, and hit
and run accidents. After a lengthy discussion Police Chief Jenson answered questions from
the City Council regarding the keeping of the data for 30 (thirty) days before the data is
purged. The Chief used an example of a family being on a vacation for a week or two. When
they return, they find that their home had been burglarized. In this case having the data for 30
days can help to determine if the car used in the burglary was local or had left town. If the
vehicle had left town the license plate information can be entered into the system and possibly
located in another city or state. If the license plate information was purged in a shorter amount
of time, the data may be gone before the homeowners can report a crime has been
committed. City Council requested that presentations be made to them 6 (six) months after the
cameras go live. The City Council will review recommendations at that time. Motion carried 6-1
with Resnick voting nay.
4. Award John F. Kennedy and West 32nd St. Intersection Improvement Project: Motion by
Resnick to receive and file the documents and adopt Resolution No. 259 -23 Awarding Public
Improvement Contract for the John F. Kennedy Road and W. 32nd Street Intersection
Improvement Project. Seconded by Jones. City Engineer Gus Psihoyos responded to
questions by City Council. Motion carried 7-0.
RESOLUTION NO. 259-23
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE JOHN F. KENNEDY ROAD
AND W. 32ND STREET INTERSECTION IMPROVEMENT PROJECT
Whereas, sealed proposals have been submitted by contractors for the John F. Kennedy
Road and W. 32nd Street Intersection Improvement Project, (the Project) pursuant to
Resolution No. 218-23 and Notice to Bidders published on the City of Dubuque, Iowa website
and plan room service with statewide circulation on the 12th day of July 2023; and
Whereas, said sealed proposals were opened and read on the 27th day of July 2023 and it
has been determined that Eastern Iowa Excavating and Concrete LLC of Cascade, Iowa,
submitted low bid in the amount of $416,192.45, and is the lowest responsive, responsible
bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to Eastern Iowa
Excavating and Concrete LLC and the City Manager is hereby directed to execute a Public
Improvement Contract on behalf of the City of Dubuque for the Project.
Passed, adopted, and approved this 7th day of August 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
5. Update on Water & Resource Recovery Center (W&RRC) Odor Abatement Efforts:
Motion by Roussell to receive and file the documents. Seconded by Farber. Water Resource
Center Plant Manager Willy O’Brian updated the City Council on the efforts to abate the odor
at the Water and Resource Recovery Center. Motion carried 7-0.
6. Status of the Central Avenue Streetscape Master Plan - Implementation Update: Motion
by Sprank to receive and file the documents. Seconded by Jones. City Council expressed their
excitement that this plan has reached the implementation stage. Motion carried 7-0.
7. Free Rides for College Students: Motion by Jones to receive and file the documents and
approve eliminating bus fares for college students beginning on August 7, 2023. Seconded by
Wethal. Motion carried 7-0.
8. Bee Branch Stormwater Pumping Station (Phase IV of the Bee Branch Watershed Flood
Mitigation Project) Project #5586500007: Motion by Wethal to receive and file the documents
and adopt Resolution No. 260-23 Approving a U.S. Economic Development Administration
Disaster Relief Opportunity Grant Application and pledging the local match in the amount of
$19,012,000 From General Obligation Bonds or an SRF Loan for construction of a new
stormwater pumping station at the 16th Street Detention Basin. Seconded by Jones. Motion
carried 7-0.
RESOLUTION NO. 260-23
APPROVING A US ECONOMIC DEVELOPMENT ADMINISTRATION DISASTER RELIEF
OPPORTUNITY GRANT APPLICATION AND PLEDGING THE LOCAL MATCH IN THE
AMOUNT OF $ 19,012,000 FROM GENERAL OBLIGATION BONDS OR AN SRF LOAN
FOR CONSTRUCTION OF A NEW STORMWATER PUMPING STATION AT THE 16TH
STREET DETENTION BASIN
Whereas, the City Council of the City of Dubuque, Iowa wishes to apply through the
Economic Development Administration (EDA), U. S. Department of Commerce for a Disaster
Relief Opportunity grant for the construction of a new stormwater pumping station at the 16th
Street Detention Basin, and
Whereas, the City Council, in support of the application for $7,700,000.00 in grant funding,
must pledge a local match estimated at $19,012,000.00 toward the activity as identified in the
application, and
Whereas, the City will use General Obligation bonds or a State Revolving Fund loan as the
source for this expenditure.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Approves the application for EDA Disaster Relief Opportunity grant funding.
Section 2. Authorizes the Mayor to sign the application.
Section 3. Pledges the amount of $19,012,000.00 from GO Bonds or a State Revolving
Fund loan, if in fact, the Disaster Relief Opportunity grant is awarded by the Economic
Development Administration.
Passed, approved, and adopted this 7th day of August 2023.
Brad M. Cavanagh, Mayor
Attest Trish L. Gleason, Assistant City Clerk
9. Safe Routes to School Project Update: Motion by Farber to receive and file the
documents. Seconded by Sprank. Council reminded citizens that getting children to and from
school safely, especially at Washington Middle School, is a few minutes of inconvenience
each day and to please be patient; everyone in line has other places to get to as well. Motion
carried 7-0.
10. Amending City of Dubuque Code of Ordinances Title 8 Equity and Human Rights,
Chapter 5 Fair Housing, Section 8-5-12 Enforcement by Private Persons: Motion by Jones to
receive and file the documents and that the requirement that a proposed ordinance be
considered and voted on for passage at two Council meetings prior to the meeting at which it
is to be passed be suspended. Seconded by Roussell. City Attorney Brumwell stated that the
ordinance update is to mirror that of the recently amended State of Iowa Code. Motion carried
7-0.
Motion by Jones for final consideration and passage of Ordinance No 35 -23 Amending City
of Dubuque Code of Ordinances Title 8 Equity and Human Rights, Chapter 5 Fair Housing,
Section 8-5-12 Enforcement by Private Persons. Seconded by Roussell. Motion carried 6-0.
Absent: Wethal
ORDINANCE NO. 35 - 23
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 8 EQUITY AND HUMAN
RIGHTS, CHAPTER 5 FAIR HOUSING, SECTION 8-5-12 ENFORCEMENT BY PRIVATE
PERSONS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 8-5-12 of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
8-5-12: ENFORCEMENT BY PRIVATE PERSONS:
A. Civil Action:
1. An aggrieved person may commence a civil action in an appropriate United States
district court or state court not later than two (2) years after the occurrence or the
termination of an alleged discriminatory housing practice, or the breach of a conciliation
agreement entered into under this chapter, whichever occurs last, to obtain appropriate
relief with respect to such discriminatory housing practice or breach.
2. The computation of such two (2) year period shall not include any time during which
an administrative hearing under this chapter was pending with respect to a complaint or
charge under this chapter based upon such discriminatory housing practice. This
subsection does not apply to actions arising from a breach of a mediation and/or
conciliation agreement.
. . . .
Section 2. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 7th day of August, 2023.
Brad Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
11. Request for Work Session Smart Parking & Mobility Management Plan : City Manager
recommending City Council schedule a work session on October 2, 2023, from 5:15 -6:30 to
present a draft of the Smart Parking & Mobility Management Plan. Motion by Resnick to
receive and file the documents and schedule the work session for October 2, 2023, at 5:15
p.m. Seconded by Farber. No schedule conflicts were expressed. Motion carried 6 -0. Absent:
Wethal
12. Delivering Dubuque: City Services: Motion by Jones to receive and file the documents
and view the video. Seconded by Sprank. Media Services played the Delivering Dubuque
episode featuring City services. This video can be viewed at: https://youtu.be/GulimOghbjg.
Motion carried 7-0.
13. Reimagine Comiskey Park Project Celebration: Motion by Jones to receive and file the
documents and view the video. Seconded by Sprank. Media Services played a video of the
June 29, 2023, ribbon-cutting ceremony, and community celebration for the completion of the
Reimagine Comiskey Park Project. The video can be viewed at
https://youtu.be/KmVWvReytHY. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Jones reported he had just returned from a cruise on the Mississippi and
Dubuque’s port and riverwalk were the best he saw on the cruise.
Council Member Farber reported attending the National League of Cities subcommittee
meeting on artificial intelligence (AI)
Council Member Wethal reported attending the Art of the River events.
Council Member Sprank reported that there are so many activities and events occurring in
Dubuque that no one should say “There is nothing to do.”
CLOSED SESSION
Motion by Jones to convene in closed session at 9:12 p.m. to discuss Pending Litigation
and Purchase or Sale of Real Estate – Chapter 21.5(1)(c),(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 7-0.
The City Council reconvened in open session at 10:53 p.m. stating that staff had been
given proper direction.
There being no further business, Mayor Cavanagh declared the meeting adjourned at 10:55
p.m.
/s/Trish L. Gleason, MMC, Assistant City Clerk