Loading...
11 6 23 City Council Proceedings Official_Special and Regular1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:15 p.m. on November 6, 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 special session of the City Council called for the purpose of conducting a work session to receive an update on the Developer’s Roundtable. WORK SESSION Developer’s Roundtable Update Developer’s Roundtable Facilitator Dave Lyons of Greater Dubuque Development Corpora- tion and Planning Services Director Wally Wernimont provided an update on the Developer’s Roundtable. The presenters responded to questions from the City Council regarding software options for process improvements and the future format of the roundtables. Mr. Lyons stated that future roundtables will be open to the public and Mr. Wernimont stated that the city will be part of the broader roundtable discussions going forward. Responding to a question, City Attor- ney Brumwell defined rolling meetings as people having back-to-back meetings with individual Council Members, a practice that is prohibited. City Council Members stressed that residents could share their feedback with the City Council and reflected on the roundtables being a pro- ductive and ongoing process. City Council Members also mentioned some of the factors they perceived as necessary for growth, including community safety and childcare availability. Con- sent Item No. 7 on the agenda was referenced toward addressing childcare needs. There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:31 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk 2 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on November 6, 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. Hospice and Palliative Care Month (November 2023) was accepted by Carole Carroll on behalf of Hospice of Dubuque. 2. National Apprenticeship Week (November 13-19, 2023) was accepted by Tom Townsend on behalf of the Dubuque Building and Construction Trades Council. 3. Pancreatic Cancer Awareness Day (November 16, 2023) was accepted by Diane Oglesby on behalf of the Michael W. Oglesby Foundation. CONSENT ITEMS Mayor Cavanagh requested Item No. 11 be held for separate discussion. Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated except for Item No. 11. Seconded by Farber. Motion carried 7 -0. 1. Minutes and Reports Submitted: Arts and Cultural Affairs Commission of 9/26/23; City Council Proceedings of 10/16/23; Library Board of Trustees Update of 9/28/23; Zoning Board of Adjustment of 9/28/23. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Arius Burns and Hayle Johnson for property damage; Laufen- berg and Larson Properties LLC for property damage; Smokestack - Susan Price 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: Laufenberg and Larsen Properties for property damage; Mercy One Medical Center for property damage; Smokestack Susan Price for property damage. Upon motion the documents were re- ceived, filed, and concurred. 4. Appeal of Claim by James Hauber: Senior Counsel recommended denial of an appeal of a claim against the City filed by James Hauber for property damage. Upon motion the docu- ments were received, filed, and concurred. 3 5. Approval of City Expenditures: Upon motion the documents were received and filed, and Resolution No. 354-23 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. 354-23 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 requisitioned for a lawful municipal purpose; and Whereas, the Chief Financial Officer-City Treasurer has provided a list of Expenditures at- tached hereto, and by this reference made a part hereof, to be 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 Cit y Council ap- proval and such list is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA THAT: Section 1. The Chief Financial Officer-City Treasurer is hereby authorized to issue payment for goods and services provided for City purposes in response to the purchase orders and con- tracts issued in compliance with state and municipal code requirements a s 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 on this 6th day of November, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. IEDA Contract 18-TC-038 Assignment, Medline Industries, Inc. Corporate Reorganization : Upon motion the documents were received and filed, and Resolution No. 355 -23 Approving the Third Amendment to the Economic Development Financial Assistance Contract by and among Medline Industries, Inc., MRE DIA, LLC, the City of Dubuque, Iowa, and the Iowa Economic Development Authority was adopted. RESOLUTION NO. 355-23 APPROVING THE THIRD AMENDMENT TO THE ECONOMIC DEVELOPMENT FINANCIAL ASSISTANCE CONTRACT BY AND AMONG MEDLINE INDUSTRIES, INC., MRE DIA, LLC, THE CITY OF DUBUQUE, IOWA, AND THE IOWA ECONOMIC DEVELOPMENT AUTHOR- ITY Whereas, Medline Industries, Inc., MRE DIA, LLC (Medline) and the City of Dubuque (City) entered into an Economic Development Financial Assistance Contract (the Contract) with the 4 Iowa Economic Development Authority (IEDA) to facilitate the creation of one hundred five (105) full-time jobs in the City; and Whereas, the parties previously agreed to a First Amendment to the Contract to extend the Project Completion date, approved by the City Council on September 7, 2021; and Whereas, the parties previously agreed to a Second Amendment to the Contract to extend the Project Completion date, approved by the City Council on October 20, 2021; and Whereas, Medline has requested a Third Amendment to the Contract to extend the Project Completion date; and Whereas, the parties agree a Third Amendment is necessary and desire to amend the Con- tract as set forth in the attached Contract Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The Third Amendment to Contract is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute, and the City Manager is hereby directed to submit the Third Amendment to Contract to the Iowa Economic Development Authority together with such other documents as may be required. Passed, approved, and adopted on this 6th day of November, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7. 2023 – Q4 Update on Childcare Challenges and Collaborations: City Manager shared a quarterly update on the status of collaboration efforts among partners in Dubuque to address a need for sufficient quality, affordable childcare options in the community. Upon motion the doc- uments were received and filed. 8. Approving a Sixth 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. 356-23 Approving the Sixth Amendment to Development Agreement between the City of Dubuque, Iowa and Port of Dubuque LLC was adopted. RESOLUTION NO. 356-23 APPROVING THE SIXTH AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND PORT OF DUBUQUE LLC WHEREAS, the City of Dubuque and Merge, LLC, an Iowa limited liability company entered into that certain Development Agreement dated November 18, 2019 with respect to the matters specified therein, as amended; and Whereas, Merge, LLC assigned the Development Agreement to Port of Dubuque LLC with the consent of the City; and Whereas, the parties desire to further modify the Development Agreement as set out in the Sixth Amendment to Development Agreement attached hereto; and Whereas, the City Council finds that it is in the best interests of the City of Dubuque to ap- prove the Sixth Amendment to Development Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The Sixth Amendment to Development Agreement is hereby approved. Section 2. All other terms and conditions of the Development Agreement shall remain in full force and effect. Passed, approved, and adopted on this 6th day of November, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5 9. Development Agreement between the City of Dubuque and Merge, LLC: Resolution Ap- proving the Reservation of Easements by the City of Dubuque, Iowa : Upon motion the docu- ments were received and filed, and Resolution No. 357 -23 Approving the Reservation of Ease- ments by the City of Dubuque, Iowa in connection with a Development Agreement between the City of Dubuque and Merge, LLC was adopted. RESOLUTION NO. 357-23 APPROVING THE RESERVATION OF EASEMENTS BY THE CITY OF DUBUQUE, IOWA IN CONNECTION WITH A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE AND MERGE, LLC Whereas, the City of Dubuque, Iowa is the owner of the following described real property in Dubuque County, Iowa: Lot 2 Adams Company’s 5th Addition in the City of Dubuque, Iowa (the Property); and Whereas, City and Merge, LLC entered into that certain Development Agreement dated No- vember 18, 2019, as amended, with respect to the matters specified therein; and Whereas, the Development Agreement provides that the City shall reserve unto itself certain easements on the Property as set forth in the attached Reservation of Easements by the City of Dubuque, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA AS FOLLOWS: Section 1. The Reservation of Easements by the City of Dubuque, Iowa.is hereby approved. Section 2. The City Clerk is hereby authorized and directed to record the Reservation of Easements by the City of Dubuque, Iowa with the Dubuque County Recorder. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 10. First Amendment to Purchase Agreement and Development Agreement between the City of Dubuque and Union at the Marina, LP: Upon motion the documents were received and filed, and Resolution No. 358-23 Approving the First Amendment to Purchase Agreement and De- velopment Agreement between the City of Dubuque and Union at the Marina, LP was adopted. RESOLUTION NO. 358-23 APPROVING THE FIRST AMENDMENT TO PURCHASE AGREEMENT AND DEVELOP- MENT AGREEMENT BETWEEN THE CITY OF DUBUQUE AND UNION AT THE MARINA, LP Whereas, the City of Dubuque and Union at the Marina, LP entered into a Purchase Agree- ment and Development Agreement dated October 16, 2023 (the “Agreement”) for the sale of approximately 5.25 acres of real property located in the City of Dubuque, Iowa, as further de- scribed in the Agreement (the “Property”); and Whereas, the Agreement provided that the Parties would enter into an Amendment to incor- porate the legal description of the Property into the Agreement upon approval of the Plat. The Plat was recorded on October 18, 2023 in the office of the Recorder of Dubuque Co unty, Iowa as File 2023-00009853, now legally described as Lot 1-2 of Block 2 in River Front Subdivision No. 3, in the City of Dubuque, Iowa, according to the plat thereof recorded as Doc ID: 011154500008, File 2023-00009853, in the public records of the Recorder’s Office of Dubuque County, Iowa; and Whereas, The City and Union at the Marina, LP now desire to amend the Agreement to incorporate the legal description of the Property as set forth in the attached First Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 6 DUBUQUE, IOWA: Section 1. That the First Amendment is hereby approved. Section 2. The City Manager is hereby authorized and directed to sign the First Amendment on behalf of the City of Dubuque. Passed, approved, and adopted this 6th day of November, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 11. Contracted Services Agreement - Crescent Community Health Center: Mayor Cavanagh announced that he would abstain from the vote due to his wife’s employment with Crescent Community Health Center. Mayor Pro Tem Wethal requested the vote on the item be call ed, with the vote passing 6-0 with abstention from Cavanagh. City Attorney Brumwell clarified that a motion and second were needed before the formal vote. Motion by Jones to receive and file the documents and approve the Contracted Services Agreement with Crescent Community Health Center for Fiscal Year 2024. Seconded by Farber. Motion carried 6-0 with abstention from Cavanagh. 12. Purchase Agreement Approval for Purchase of Dubuque County Owned Parcel, 1119358006: Upon motion the documents were received and filed, and Resolution No. 359-23 Approving an offer to buy real estate and acceptance for the purchase by the City of Dubuque, Iowa of real property owned by Dubuque County, Iowa was adopted. RESOLUTION NO. 359-23 APPROVING AN OFFER TO BUY REAL ESTATE AND ACCEPTANCE FOR THE PUR- CHASE BY THE CITY OF DUBUQUE, IOWA OF REAL PROPERTY OWNED BY DUBUQUE COUNTY, IOWA Whereas, Dubuque County is the owner of the following real described property: City Lots Lot 2 of Lot 28, Lot 2 of Lot 29, Lot 2 of Lot 30, Lot 2 of Lot 31, Lot 2 of Lot 32, Lot 2 of Lot 33, Lot 2 of Lot 34, Lot 2 of Lot 35, Lot 2 of Lot 36, Lot 2 of Lot 37, and Lot 2 of Lot 38 all of Block 17 in Dubuque Harbor Improvement Company Ad dition in the City of Dubuque, Iowa (the County Property); and Whereas, City and Dubuque County have entered into the Purchase Agreement a copy of which is attached hereto, subject to the approval of the City Council of the City of Dubuque, pursuant to which Dubuque County will convey the County Property to City; and Whereas, the City Council has tentatively determined that it would be in the best interests of the City to approve the Purchase Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA AS FOLLOWS: Section 1. The Offer to Buy Real Estate and Acceptance is hereby approved. Section 2. That the City of Dubuque be and is hereby authorized to accept a Special Warranty Deed from Dubuque County For the County Property. Section 3. That the City Clerk be and is hereby authorized and directed to cause said Special Warranty Deed to be recorded in the office of the Dubuque County Recorder, together with a certified copy of this Resolution. Section 4. That the City Clerk be and is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Section 5. The City Manager is authorized to take such action as may be necessary to carry out the terms of the Offer to Buy Real Estate and Acceptance. Passed, approved, and adopted on this 6th day of November, 2023. Brad M. Cavanagh, Mayor 7 Attest: Adrienne N. Breitfelder, City Clerk 13. Kwik Trip, Inc. Property Right of Way Plat and Dedication –Roundabout Improvements Project at the Intersection of Kerper Boulevard and Kerper Court : Upon motion the documents were received and filed, and Resolution No. 360 -23 Approving the Acquisition Plat of Lot 2A of Kerper Industrial Park No. 2, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 360-23 APPROVING THE ACQUISITION PLAT OF LOT 2A OF KERPER INDUSTRIAL PARK NO. 2, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, an Acquisition Plat dated October 20, 2023 prepared by The City of Dubuque Engineering Depart- ment describing Lot 2A of Kerper Industrial Park No. 2, in the City of Dubuque, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto; and Whereas, upon said plat appears Lot 2A, which Kwik Trip, Inc. by said plat has dedicated to the public forever. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the plat dated October 20, 2023 prepared by The City of Dubuque Engineer- ing Department, 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 and on behalf of the City of Dubuque, Iowa. Section 2. That the dedication of Lot 2A of Kerper Industrial Park No. 2, in the City of Dubu- que, Iowa, for Right of Way for street and utility purposes, as it appears on said Acquisition Plat, be and the same are hereby accepted. Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved, and adopted this 6th day of November, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 14. Acceptance of Grants of Easement for Sanitary Sewer Utility over Jon D. Luckstead Property in Tamarack Business Park, Dubuque, Iowa Tamarack Sanitary Sewer Extension Pro- ject: Upon motion the documents were received and filed, and Resolution No. 361-23 Accepting Grants of Easement for Sanitary Sewer Utility through, over and across parts of Tamarack Sub- division and parts of the Southeast Quarter of Section 14, Township 88 North, Range 2 East of the 5th p.m., in Dubuque County, Iowa was adopted. RESOLUTION NO. 361-23 ACCEPTING GRANTS OF EASEMENT FOR SANITARY SEWER UTILITY THROUGH, OVER AND ACROSS PARTS OF TAMARACK SUBDIVISION AND PARTS OF THE SOUTH- EAST QUARTER OF SECTION 14, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., IN DUBUQUE COUNTY, IOWA Whereas, Jon D. Luckstead, has executed a Grant of Easement for Sanitary Sewer Utility through, over and across Part of Lot D of Tamarack S.E. Fourth Subdivision, Plat of Lot 8 and D and Part of Lot 1 of 2 in the Northeast Quarter of the Southeast Quarter of Section 14, Town- ship 88 North, Range 2 East of the 5th P.M. in Dubuque County, Iowa; and Whereas, Jon D. Luckstead, has executed a Grant of Easement for Sanitary Sewer Utility through, over and across Part of the Tamarack Drive Right of Way in the Southeast Quarter of Section 14, Township 88 North, Range 2 East of the 5th P.M. in Dubuque Count y, Iowa; and 8 Whereas, Jon D. Luckstead, has executed a Grant of Easement for Sanitary Sewer Utility through, over and across Part of Lot D of Tamarack S.E. Fourth Subdivision, Plat of Lot 8 and D, in the Northeast Quarter of the Southeast Quarter of Section 14, Township 88 North, Range 2 East of the 5th P.M. in Dubuque County, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grants of Easement for Sanitary Sewer Utility through, over and across the properties described above in Tamarack Subdivision and in the Southeast Quarter of Sec tion 14, Township 88 North, Range 2 East of the 5th P.M. in Dubuque County, Iowa, as shown on the respective Grants of Easement for Sanitary Sewer Utility, from Jon D. Luckstead, copies of which are attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Section 3. The City Clerk is hereby authorized to and directed to record this resolution and Grants of Easement for Sanitary Sewer Utility with the Dubuque County Recorder. Passed, approved, and adopted this 6th day of November, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 15. Force Main Stabilization Project, Amendment No. 1 to Agreement with the U.S. Depart- ment of the Army/U.S. Army Corps of Engineers: Upon motion the documents were received and filed, and Resolution No. 362 -23 Authorizing the execution of Amendment No. 1 to Agree- ment with the Department of the Army to collaborate on stabilization and protection of the force main along the Mississippi River was adopted. RESOLUTION NO. 362-23 AUTHORIZING THE EXECUTION OF AMENDMENT NO. 1 TO AGREEMENT WITH THE DE- PARTMENT OF THE ARMY TO COLLABORATE ON STABILIZATION AND PROTECTION OF THE FORCE MAIN ALONG THE MISSISSIPPI RIVER Whereas, the City recognizes the need to stabilize and protect the City’s sanitary sewer force main that runs along the Mississippi River; and Whereas, the Continuing Authorities Program – Section 14 of the 1946 Flood Control Act authorizes the protection of the Forced Sewer Main for the City, Iowa; and Whereas, the Water Resources Development Act of 1986, Public Law 99-662, as amended (33 U.S.C. 2215(a)), specifies the cost-sharing requirements; and Whereas, in December of 2022, the City entered into an agreement with the U.S. Department of the Army that authorizes the U.S. Army Corps of Engineers to proceed with designing and constructing the Force Main Stabilization Project; and Whereas, the City sent a letter to the U.S. Department of the Army requesting to include the design and repair of sanitary sewer force main joints as part of the Force Main Stabilization Project; and Whereas, the U.S. Department of the Army has provided Amendment No. 1 to the agreement that includes the sanitary sewer joint repairs as part of the project; and Whereas, it is in the best interest of the City to execute Amendment No. 1 to the agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: The Mayor is hereby authorized and directed to sign Amendment No. 1 to the agreement with the U.S. Department of the Army for the Force Main Stabilization Project. Passed, approved, and adopted this 6th day of November 2023. 9 Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 16. Signed Contract(s): Professional Services Agreement with WHKS & Co. for the Eagle Valley, Westbrook, & English Ridge Subdivision Park Design, Development, and Construction Management Services. Upon motion the documents were received and filed. 17. Improvement Contracts / Performance, Payment, and Maintenance Bonds: Midwest Con- crete, Inc. for the US HWY 20 & Devon Dr. Frontage Road Closure; Tschiggfrie Excavating Co. for the Althauser St. Retaining Wall Repair Project; Tschiggfrie Excavating Co. for the Maus Park Lake Pump Station Culvert Repair. Upon motion the documents were received, filed, and approved. 18. Community Development Block Grant (CDBG) Subrecipient Agreement – Four Mounds Foundation Build Dubuque Vocational Training: Upon motion the documents were received and filed, and Resolution No. 363-23 Authorizing execution of CDBG Subrecipient Agreement with Four Mounds Foundation was adopted. RESOLUTION NO. 363-23 AUTHORIZING EXECUTION OF CDBG SUBRECIPIENT AGREEMENT WITH FOUR MOUNDS FOUNDATION Whereas, the Four Mounds Foundation program expansion proposes to provide a public service utilizing Community Development Block Grant funds; and Whereas, the City Council approved the CDBG Fiscal Year 2024/Program Year 2023 Amendment #1 budget that included funding available for eligible programming and public ser- vices; and Whereas, a Categorically Excluded Not Subject to Review with 24 CFR Part 58.5 Environ- mental Review has been completed, and no compliance or consultation with regulatory author- ities were found to be required; and Whereas, all services provided will be to a minimum of 51% low/moderate income residents, meeting the CDBG National Objective of Low/Mod-Income Clientele benefit, and eligible activity of 05H: Employment Training. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the subrecipient agreement with Four Mounds Foundation be approved. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to des- ignate the City Manager or the Housing and Community Development Department Director to execute said Agreement and related documents on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 6th day of November 2023. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 19. Pre-annexation Agreement – Andrew & Samantha Schumacher: Upon motion the docu- ments were received and filed, and Resolution No. 364-23 Approving a Pre-Annexation Agree- ment between the City of Dubuque, Iowa and Andrew L. and Samantha L. Schumacher was adopted. RESOLUTION NO. 364-23 APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND ANDREW L. AND SAMANTHA L. SCHUMACHER 10 Whereas, Andrew L. and Samantha L. Schumacher, the owner of the following described property located at 10461 St. Joseph Drive in Dubuque County, Iowa (the Property) have sub- mitted to the City Council of the city of Dubuque an application for voluntary ann exation of the Property to the City of Dubuque: Lot 14 of “Twin Ridge” Subdivision, in Table Mound Township, Dubuque County, Iowa, according to the recorded plat thereof, subject to easements and restrictions of record. Whereas, Andrew L. and Samantha L. Schumacher have entered into a Pre -annexation Agreement with the City of Dubuque, a copy of which is attached hereto governing the future annexation of the Property; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in Dubu- que County, Iowa, and the extension of city limits by voluntary annexation; and Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future orderly growth and development of the City of Dubu- que, and will promote efficient and cost-effective extension of municipal services; and Whereas, the City Council finds that the annexation of the Property is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The Pre-annexation Agreement by Andrew L. and Samantha L. Schumacher and the City of Dubuque is hereby approved. Passed, approved, and adopted this 6th day of November 2023. Brad Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 20. Shared Administrative Support Between Information Technology, Office of Equity and Humans Rights, and Office of Shared Prosperity and Neighborhood Support : City Manager rec- ommended City Council approval of an increase in the full-time equivalents of .34 at the addi- tional cost of $41,814 to make an existing part -time administrative position (.66FTE, GE-25) into a full- time position (1.00FTE, GE-25) for administrative support to be shared between these three departments: Information Technology, Office of Equity and Human Rights, and Office of Shared Prosperity and Neighborhood Support. Upon motion the documents were received, filed, and approved. 21. Hiring of a Full Time Transportation Services Laborer Position: City Manager recom- mended City Council approval of creation of a full-time Transportation Services Laborer and elimination of a current part-time Intermodal Laborer (.28 FTE) and a part-time Ramp Custodian (.27 FTE). Upon motion the documents were received, filed, and approved. 22. Yahoo Finance Article Naming Dubuque the Second-Most Affordable Iowa City for Sen- iors: Upon motion the documents were received and filed. 23. Adoption of Supplement Number 2023 S-12 to the City of Dubuque Code of Ordinances: Upon motion the documents were received and filed, and Resolution No. 365 -23 Adopting Sup- plement No. 2023 S-12 to the Code of Ordinances of the City of Dubuque, Iowa was adopted. RESOLUTION NO. 365-23 ADOPTING SUPPLEMENT NO. 2023 S-12 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 - 11 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 -12 to the City of Dubuque Code of Ordinances, which codifies Ordinance Nos. 31-23 through 44-23 as approved by the City Council through September 18, 2023, is hereby adopted, and becomes part of the Code of Ordinances of the City of Dubuque, Iowa. Passed, approved, and adopted this 6th day of November 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 7-0. 1. Resolution Setting a Public Hearing on a Proposed First Amendment to 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 Devel- opment Agreement: Upon motion the documents were received and filed and Resolution No. 366-23 Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on a First Amendment to Development Agreement by and between the City of Dubuque, Iowa and 799 Main, LLC, including the proposed issuance of urban renewal tax increment revenue obli- gations relating thereto 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 November 20, 2023 in the Historic Federal Building. RESOLUTION NO. 366-23 FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON A FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND 799 MAIN, LLC, INCLUDING THE PRO- POSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS RELATING THERETO AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, City and 799 Main, LLC previously entered into a Development Agreement dated July 17, 2023; and Whereas, City and Developer desire to amend the Development Agreement as set forth a First Amendment to Development Agreement attached hereto; and Whereas, it is deemed necessary and advisable that City should authorize Urban Renewal Tax Increment Revenue obligations, as provided by Iowa Code Chapter 403 pursuant to the Development Agreement; and Whereas, before said obligations may be approved, Iowa Code Chapter 403 requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meeting the City Council shall receive oral and/or written objections from any resident or property owner of said City to such 12 proposed action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause a notice to be published as prescribed by Iowa Code Section 403.9 of a public hearing on the City's intent to authorize Urban Renewal Tax Increment Revenue obligations, to be held on the 20th day of November, 2023, at 6:30 o'clock p.m. The official agenda will be posted on Friday, November 17, 2023 and will contain listening, viewing, and public input options. The City Council agenda can be ac- cessed at https://cityofdubuque.novusagenda.com /AgendaPublic/ or by contacting the City Clerk’s Office at 563-589-4100, ctyclerk@cityofdubuque.org. Section 2. The City Council will meet at said time and place for the purpose of taking action on the matter of authorizing Urban Renewal Tax Increment Revenue obligations and the exe- cution of the Development Agreement relating thereto with 799 Main, LLC, the proceeds of which obligations will be used to carry out certain of the special financing activities described in the Urban Renewal Plan for the Greater Downtown Urban Renewal District, consisting of the funding of economic developments grants to 799 Main, LLC pursuant to the Development Agreement. It is expected that the aggregate amount of the Tax Increment Revenue obligations to be issued pursuant to the First Amendment will be approximately $2,210,129. Section 3. The Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four days nor more than twenty days before the date of said meeting on the issuance of said obligations. Section 4. That the notice of the proposed action to issue said obligations shall be in sub- stantially the form attached hereto. Passed, approved, and adopted this 6th day of November, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Resolution Setting a Public Hearing on a Proposed Development Agreement between the City of Dubuque, Iowa and Vanguard Enterprises, Inc. for the Issuance of Urban Renewal Tax Increment Revenue Grant Obligations Pursuant to the Development Agreement : Upon motion the documents were received and filed and Resolution No. 367 -23 Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on the proposed Development Agree- ment between the City of Dubuque and Vanguard Enterprises, Inc., including the proposed issuance of urban renewal tax increment revenue grant obligations to Vanguard Enterprises, Inc., and providing for the publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on November 20, 2023 in the Historic Federal Building. RESOLUTION NO. 367-23 FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON THE PROPOSED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE AND VANGUARD ENTERPRISES, INC., INCLUDING THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE GRANT OBLIGATIONS TO VANGUARD ENTERPRISES, INC., AND PROVIDING FOR THE PUBLICATION OF NO- TICE THEREOF Whereas, Vanguard Enterprises, Inc. is the owner of the following described real property: Lot 1 of Lot 4 of Dubuque Industrial Center West 4th Addition in the City of Dubuque, Iowa according to the recorded Plat thereof (the Property); and Whereas, City of Dubuque, Iowa (City) and Vanguard Enterprises, Inc. have entered into a 13 Development Agreement, subject to the approval of the City Council, pursuant to which Van- guard Enterprises, Inc. will construct on the Property certain Improvements described in the Development Agreement; and Whereas, the City Council has tentatively determined that it would be in the best interests of City to approve the Development Agreement; and Whereas, the Development Agreement provides for the issuance by City of economic devel- opment grants to Vanguard Enterprises, Inc., referred to therein as Urban Renewal Tax Incre- ment Revenue Grant Obligations, payable from the tax increment revenues collected in respect of the Improvements to be constructed by Vanguard Enterprises, Inc. in accordance with the Development Agreement, for the purpose of carrying out the objectives of an Urban Renewal Plan as hereinafter described; and Whereas, before said obligations may be approved, Chapter 403 of the Code of Iowa re- quires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meeting the City Council shall receive oral and/or written objections from any resident or property owner of said City to such proposed action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause this Resolution and a Notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City Council’s intent to approve the proposed Development Agreement, to be held on th e 20th day of November, 2023 at 6:30 p.m. Section 2. The City Council will also meet at said time and place for the purpose of taking action on the matter of authorizing Urban Renewal Tax Increment Revenue obligations, the proceeds of which obligations will be used to carry out certain of the special financi ng activities described in the Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, consisting of the funding of economic development grants to Vanguard Enterprises, Inc., pursuant to the Development Agreement under the terms and conditions of said Urban Renewal Plan. It is expected that the aggregate amount of the Tax Increment Revenue obliga- tions will be approximately $271,470. 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 6th day of November, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Resolution Setting a Public Hearing on a Proposed Lease Agreement by and Between the City of Dubuque, Iowa and the Dubuque Arboretum Association, Inc.: Upon motion the docu- ments were received and filed and Resolution No. 368-23 Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on a Lease Agreement by and between the City of Dubuque, Iowa, and Dubuque Arboretum Association, Inc. relating thereto and providing for the publication of notice thereof was adopted setting a public hearing for a meeting to com- mence at 6:30 p.m. on November 20, 2023 in the Historic Federal Building. RESOLUTION NO. 368-23 14 FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON A LEASE AGREEMENT BY AND BETWEEN THE CITY OF DUBU- QUE, IOWA, AND DUBUQUE ARBORETUM ASSOCIATION, INC. RELATING THERETO AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, City is the owner of a public facility known as Marshall Park (the Park); and Whereas, Arboretum desires to lease and continue to operate the Park as an arboretum and botanical garden; and Whereas, it is deemed to be in the best interest of both parties to this Lease Agreement and to the public in general that the Arboretum lease and operate the Park as the Dubuque Arbore- tum and Botanical Garden. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the City of Dubuque, Iowa, proposes to approve the Lease Agreement of the above-described real estate to Dubuque Arboretum Association, Inc. Section 2. That the City Council shall conduct a public hearing on the proposed Lease Agree- ment in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa on the 20th day of November 2023, beginning at 6:30 PM. Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing in the form attached hereto, according to law. Passed, approved, and adopted this 6th day of November, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. SOO Green HVDC Link ProjectCo, LLC Franchise Agreement: Upon motion the docu- ments were received and filed and Resolution No. 369-23 Setting a public hearing on an ordi- nance granting to Soo Green HVDC Link ProjectCo, LLC, its successors and assigns, the right and nonexclusive franchise to maintain and operate an electric franchise (transmission system) in the City of Dubuque, Iowa, for a period of 25 years was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on November 20, 2023 in the Historic Federal Building. RESOLUTION NO. 369-23 SETTING A PUBLIC HEARING ON AN ORDINANCE GRANTING TO SOO GREEN HVDC LINK PROJECTCO, LLC, ITS SUCCESSORS AND ASSIGNS, THE RIGHT AND NON-EX- CLUSIVE FRANCHISE TO MAINTAIN AND OPERATE AN ELECTRIC FRANCHISE (TRANSMISSION SYSTEM) IN THE CITY OF DUBUQUE, IOWA, FOR A PERIOD OF 25 YEARS Whereas, the City of Dubuque, Iowa (City) and Soo Green HVDC Link ProjectCo, LLC (Soo Green) have entered into an agreement pursuant to which City will grant to Soo Green the right and non-exclusive franchise to maintain and operate an electric franchise (transmission system) in the City of Dubuque for a period of twenty -five years as provided in the attached Ordinance; and Whereas, Iowa law requires that the City Council hold a public hearing on the question of the adoption of the Ordinance granting the franchise. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA AS FOLLOWS: Section 1. A public hearing on the question of the adoption of the Ordinance granting the franchise to Soo Green is hereby set for the 20th day of November, 2023 in the City Council Chambers, Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, b eginning at 6:30 p.m. Section 2. The City Council hereby dispenses with an election on the adoption of the 15 Ordinance as provided by Iowa Code sec. 364.2(4)(b). Section 3. The City Clerk shall publish notice of the public hearing as required by law. Passed, approved, and adopted the 6th day of November, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Resolution Setting a Public Hearing on a Proposed Development Agreement by and among the City of Dubuque, Iowa, 400 Ice Harbor, LLC, and Hodge Company Providing for the Sale of City-owned Real Estate to 400 Ice Harbor, LLC and the Issuance of Urban Renewal Tax Increment Revenue Grant Obligations Pursuant to the Development Agreement : Upon mo- tion the documents were received and filed and Resolution No. 370-23 (1) Approving the mini- mum requirements, competitive criteria, and offering procedures for the development and the sale of certain real property and improvements in the Greater Downtown Urban Renewal Dis- trict; (2) determining that the offer to purchase submitted by 400 Ice Harbor, LLC satisfies the offering requirements with respect to the real propert y and improvements and declaring the intent of the City Council to approve the sale to 400 Ice Harbor, LLC in the event that no com- peting proposals are submitted; and (3) soliciting competing proposals was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on December 18, 2023 in the Historic Federal Building. RESOLUTION NO. 370-23 RESOLUTION (1) APPROVING THE MINIMUM REQUIREMENTS, COMPETITIVE CRITE- RIA, AND OFFERING PROCEDURES FOR THE DEVELOPMENT AND THE SALE OF CER- TAIN REAL PROPERTY AND IMPROVEMENTS IN THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT; (2) DETERMINING THAT THE OFFER TO PURCHASE SUBMITTED BY 400 ICE HARBOR, LLC SATISFIES THE OFFERING REQUIREMENTS WITH RESPECT TO THE REAL PROPERTY AND IMPROVEMENTS AND DECLARING THE INTENT OF THE CITY COUNCIL TO APPROVE THE SALE TO 400 ICE HARBOR, LLC IN THE EVENT THAT NO COMPETING PROPOSALS ARE SUBMITTED; AND (3) SOLICITING COMPETING PRO- POSALS Whereas, the City Council of Dubuque, Iowa, did on June 5, 2023 adopt an Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District (“the Plan”) for the Urban Renewal Area described therein; and Whereas, the Plan provides, among other things, for the disposition of properties for private development purposes as a proposed economic development action; and Whereas, 400 Ice Harbor, LLC (“Developer”) has submitted to the City a proposal in the form a Development Agreement for the development of property owned by the Developer which in- cludes an Option to purchase certain City-owned real property hereinafter described (“the Park- ing Property”), which Parking Property is the real estate consisting of approximately 0.68 acres shown on Exhibit A, and which Development Agreement requests that this Parking Property be made available for sale as rapidly as possible; and Whereas, in order to establish reasonably competitive bidding procedures for the disposition of the Parking Property in accordance with the statutory requirements of Iowa Code Chapter 403, specifically, Section 403.8, and to assure that the City extends a full and fair opportunity to all developers interested in submitting a proposal, a summary of submission requirements and minimum requirements and competitive criteria for the Property offering is included herein; and Whereas, said Developer has signed a Development Agreement with the City, currently on file at the Office of the City Clerk; and Whereas, to recognize both the firm proposal for the improvements already received by the 16 City in the form of the Development Agreement, as described above, and to give full and fair opportunity to other developers interested in submitting a proposal for the sale and development of the Parking Property, this Council should by this Resolution: 1) Set the fair market value of the Parking Property for uses in accordance with the Plan; 2) Approve the minimum requirements and competitive criteria included herein; 3) Approve as to form the Development Agreement; 4) Set a date for receipt of competing proposals and the opening thereof; 5) Declare that the proposal submitted by Developer satisfies the minimum requirements of the offering, and that in the event no other qualified proposal is timely submitted, that the City Council intends to accept such proposal and authorize the City Manager to sign the Development Agreement; 6) Approve and direct publication of a notice to advise any other person of the opportunity to compete for sale of the Property on the terms and conditions set forth herein; and 7) Declare that in the event another qualified proposal is timely submitted and accepted, another and future notice will be published on the intent of the City to enter into the resulting contract, as required by law; and Whereas, the City Council believes it is in the best interest of the City and the Plan to act as expeditiously as possible to sell the Property as set forth herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the Parking Property shown on Exhibit A attached hereto, shall be offered for sale in accordance with the terms and conditions contained in this Resolution. Section 2. That it is hereby determined that in order to qualify for consideration for selection, any person must submit a proposal which meets these minimum requirements: 1) Meets, at a minimum, the terms and conditions of the Development Agreement submit- ted by the Developer including the required Minimum Improvements of Four Million Seven Hundred Fifty-Five Thousand Dollars ($4,755,000) and an agreement to create and maintain Ten (10) additional FTE employees employed by Employer by October 1, 2026 and during the remaining term of the agreement for a total of Thirty-Four (34) FTE employees in the city of Dubuque, Iowa. 2) Contains an agreement to purchase the Parking Property, shown on Exhibit A, at not less than fair market value, which for the purposes of this resolution is hereby deter- mined to be Five Hundred Seventy-One Thousand Four Hundred & 00/100 Dollars ($571,400.00) and to provide for public parking on the Parking Property; 3) Sets out or provides to the satisfaction of the City Council the experience of the princi- pals and key staff who are directly engaged in the performance of contract obligations in carrying out projects of similar scale and character; and Section 3. That the Development Agreement by and between the City and the Developer be and is hereby approved as to form for the purposes hereinafter stated. Section 4. That for the purpose of defining the offering of the Property for sale, said Devel- opment Agreement shall be deemed to be illustrative of the terms acceptable to the City with respect to: 1) Developer and City obligations; and 2) General terms and conditions. Section 5. That the Development Agreement submitted by the Developer satisfies the re- quirements of this offering and, in the event that no other qualified proposals are timely submit- ted, that the City Council intends to accept and approve the Development Agreement. Section 6. That it is hereby determined that the Developer possesses the qualifications, fi- nancial resources, and legal ability necessary to purchase the Property shown on Exhibit A and to construct, manage and operate the site in the manner proposed by this offering in accordance 17 with the Plan. Section 7. That the City Clerk shall receive and retain for public examination the attached Development Agreement submitted by the Developer and, in the event no other qualified pro- posals are timely submitted, shall resubmit the Development Agreement to the City Coun cil for final approval and execution upon expiration of the notice hereinafter prescribed. Section 8. That the action of the City Council be considered to be and does hereby constitute notice to all concerned of the intention of this Council, in the event that no other qualified pro- posals are timely submitted, to accept the proposal of the Developer to pur chase the Property shown on Exhibit A and to approve the Development Agreement by and between City and De- veloper. Section 9. That the official notice of this offering and of the intent of the City, in the event no other qualified proposals are timely submitted, to approve the Development Agreement, shall be a true copy of this Resolution, but without the attachments referred to herein. Section 10. That the City Clerk is authorized and directed to secure immediate publication of said official notice in the Telegraph Herald, a newspaper having a general circulation in the community, by publication of the text of this Resolution on or before the 10th day of November, 2023. Section 11. That written proposals will be received by the City Clerk at or before 10:00 a.m., December 10, 2023 in the Office of the City Clerk, located on the first floor at City Hall, 50 West 13th Street, Dubuque, Iowa 52001. Each proposal will be opened at the hour of 10:00 a.m. in City Hall, Dubuque, Iowa on December 10, 2023. Said proposals will then be presented to the City Council at 6:30 p.m., December 18, 2023, at a meeting to be held in the City Council Chambers, Historic Federal Building at 350 West 6th Street, Dubuque, Iowa. Section 12. That the method of offering the Property for sale as set forth herein is in substan- tial conformance with the provisions of Iowa Code Section 403.8, requiring reasonable compet- itive bidding procedures as are hereby prescribed and “fair value.” Section 13. That the required documents for the submission of a proposal shall be in sub- stantial conformity with the provisions of this Resolution. Section 14. That the City Clerk is hereby nominated and appointed as the agent of the City of Dubuque, Iowa to receive proposals for the sale of the Property on that date and according to the procedure hereinabove specified for receipt of such proposals and to proceed at such time to formally acknowledge receipt of each of such proposal by noting the receipt of same in the Minutes of the Council; that the City Manager is hereby authorized and directed to make preliminary analysis of each such proposal for c ompliance with the minimum requirements es- tablished by this Council hereinabove. For each proposal that satisfies these requirements, the City Council shall judge the strength of the proposal by the competitive criteria established here- inabove. The City Council shall then make the final evaluation and selection of the proposals. Section 15. If, and only if, competing proposals are received and determined by the Council to meet the minimum requirements described herein, the Developer shall be allowed to amend its proposal in response thereto and to deliver same to the City Manager, by no later than a date determined by the City Council. In such event, the Council shall schedule a subsequent meeting to be held by the City Manager at which there shall be a bid-off conducted by the City Manager. During such bid-off, each competing bidder shall bid against the other, starting with the second proposal received and continuing until such time as each bidder shall decline to improve its proposal to acquire and redevelop the Property shown on Exhibit A in response to the last bid of the other bidder or bidders. The period of time to be allowed for such bid-off shall be determined by the City Manager. The rules of such bid-off shall be as determined by the City Manager at or before such bid-off period and shall be absolute. Section 16. That in the event another qualified proposal is timely submitted and accepted by the City, another and further notice shall be published of the intent of the City of Dubuque, Iowa, 18 to enter into the resulting agreement, as required by law. Passed, approved, and adopted this 6th day of November, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk BOARDS/COMMISSIONS Appointments were made to the following boards/commissions. 1. Investment Oversight Advisory Commission: One, 3-Year Term through July 1, 2026 (Va- cant Term of Lassance), and one, 3 Year term through July 1, 2024 (Vacant Term of Major). Applicants: Daniel Garza, 2110 Rhomberg Ave., and Phillip Heim, 911 Tressa St. (Additional Applicant). Motion by Jones to appoint Mr. Garza to the three-year term through July 1, 2026. Seconded by Wethal. Motion carried 7-0. Motion by Jones to appoint Mr. Heim to the three-year term through July 1, 2024. Seconded by Wethal. Motion carried 7-0. PUBLIC HEARINGS 1. Request to Rezone 1860 Hawthorne Street: Motion by Jones to receive and file the docu- ments 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 Resnick. Planning Services Director Wally Wernimont provided a staff report, stating that the public hearing must be replicated due to a publication error in the notice of the initial public hearing. Responding to a question from the City Council regarding how they should address the information they received from the previous public hearing, City Attorney Brumwell stated that all previously received input is included with the agenda item. Ms. Brumwell stated that the public hearing is conducted in good faith and that since City Council meetings are rec- orded, the previous meetings and materials can always be referenced to demonstrate good faith. City Clerk Breitfelder announced that written input was received from Mary Giesler, 231 0 High Cloud Dr. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 46-23 Amending Title 16 of the Unified Development Code of the City of Dubuque Code of Ordinances by reclassifying the hereinafter described property located along Hawthorne Street and Kerper Boulevard within the City of Dubuque from CR Commercial Recreati on to Planned Unit Development with PR- Planned Residential Designation. Seconded by Resnick. Motion carried 7-0. ORDINANCE NO. 46-23 AMENDING TITLE 16 OF THE UNIFIED DEVELOPMENT CODE OF THE CITY OF DUBU- QUE CODE OF ORDINANCES BY RECLASSIFYING THE HEREINAFTER DESCRIBED PROPERTY LOCATED ALONG HAWTHORNE STREET AND KERPER BOULEVARD WITHIN THE CITY OF DUBUQUE FROM CR COMMERCIAL RECREATION TO PLANNED UNIT DEVELOPMENT WITH PR-PLANNED RESIDENTIAL DESIGNATION NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That Title 16 of the Unified Development Code of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter-described property from CR Commercial Recreation to Planned Unit Development District with a PR Planned Re sidential District designation, and adopting a conceptual development plan, a copy of which is attached to and made a part hereof, is hereby adopted and approved for the following described property, 19 to wit: The portion of Lot 2 Block 2 of River Front Subdivision No. 3 and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa as shown in Exhibit A. A. Use Regulations. The following regulations shall apply to all uses made of land in the above-described PR Planned Residential District: 1. Principal permitted use shall be limited to two (2) four-story multi-family residential build- ings containing a total of 201 residential units. 2. Accessory uses shall include any use customarily incidental and subordinate to the principal use it serves. B. Lot and Bulk Regulations. Development of land in the PR Planned Residential District shall be regulated as follows: 1. Buildings setbacks shall be located in substantial conformance with the approved con- ceptual development plan. 2. Maximum building height of 50 feet shall be allowed in this Planned Residential District. C. Performance Standards. The development and maintenance of uses in this PR Planned Residential District shall be regulated as follows: Parking Regulations a. All vehicle-related features shall be surfaced with either asphalt or concrete. b. Curbing and proper surface drainage of storm water shall be provided. c. All parking and loading spaces shall be delineated on the surfacing material by painted stripes or other permanent means. d. That total number of parking spaces shall be provided in substantial compliance with the approved Conceptual Development Plan. The spaces may be a combination of off-street spaces and on-street spaces (Hawthorne Street) in accordance with the approved Conceptual Development Plan. e. The size and design of parking spaces shall be governed by applicable provisions of the Unified Development Code Section 13-3 Site Development Regulations. f. The number, size, design, and location of parking spaces designated for persons with disabilities shall be according to the local, state, or federal requirements in effect at the time of development. g. Bicycle parking shall be provided in accordance with the Unified Development Code Section 14-9 Bicycle Parking Required. 1. Site Lighting a. Exterior illumination of site features shall be limited to the illumination of the following: i. Parking areas, driveways, and loading facilities. ii. Pedestrian walkway surfaces and entrances to building. iii. Building exterior. b. Location and Design i. No light source shall provide illumination onto adjacent lots, buildings, or streets in excess of 1.0-foot candle. ii. All exterior lighting luminaries shall be designed and installed to shield light from the luminaries at angles above 72-degrees from vertical. iii. Fixtures mounted on a building shall not be positioned higher than the roofline of the building. iv. All electrical service lines to posts and fixtures shall be underground and con- cealed inside the posts. 2. Landscaping. Landscaping shall be provided in substantial compliance with the Con- ceptual Landscape Plan which is attached hereto. 3. Storm Water Management. The developer shall be responsible for providing surface or subsurface conveyance(s) of storm water from the lot to existing storm sewers or to 20 flow line of open drainageways outside the lot in a means that is satisfactory to the Engineering Department of the City of Dubuque. Other applicable regulations enforced by the City of Dubuque relative to storm water management and drainage shall apply. 4. Exterior Trash Collection Areas. a. The storage of trash and debris shall be limited to that produced by the principal permitted use and accessory uses on the lot. b. All exterior trash collection areas and the material contained therein shall be visually screened from view. The screening shall be completely opaque fence, wall, or other feature not exceeding a height of 10 feet measured from the ground level outside the line of the screen. Screens built on sloping grades shall be stepped so that their top line shall be horizontal. Exposed materials used to construct the opaque screen shall be similar in appearance to materials used for exterior building walls. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. If a 10-foot height screen fails to shield the exterior trash collection area from view from the adjacent public right-of-way and neighboring prop- erties, evergreen plantings may be required in addition to the screening. Evergreen plant material shall be selected and designed so that they screen the area from all off-site visibility within five (5) years. 5. Open Space. Open space in the PR Planned Residential District shall be provided in substantial compliance with the approved Conceptual Development Plan and Concep- tual Landscape Plan. 6. Platting. Subdivision plats and improvement plans shall be submitted in accordance with Article 11 Land Subdivision, of the City of Dubuque Unified Development Code. 7. Site Plans. Final site development plans shall be submitted in accordance with Article 12 Site Plans and Article 13 Site Design Standards prior to construction of each building and vehicle-related feature unless otherwise exempted by Article 12. D. Sign Regulations 1. Signs in the Planned Residential District shall be regulated in accordance with the R-4 Multi-Family Residential Zoning District sign regulations, Section 16-15-11.1 of the Uni- fied Development Code. 2. Variance requests from sign requirements for size, number, and height shall be re- viewed by the Zoning Board of Adjustment in accordance with Section 16 -8-6 of the Unified Development Code. E. Other Codes and Regulations 1. Service Lines. All electric, telephone, cable, or other similar utility lines serving the build- ing and other site features shall be located underground. 2. The use of semi-trailers and shipping containers for storage is prohibited. 3. These regulations do not relieve the owner from other applicable city, county, state, or federal codes, regulations, laws, and other controls relative to the planning, construc- tion, operation, and management of property within the City of Dubuque. F. Transfer of Ownership. Transfer of ownership or lease of property in this PR Planned Residential District shall include the transfer or lease agreement a provision that the pur- chaser or lessee acknowledges awareness of the conditions authorizing the establishment of the district. G. Modifications. Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Article 9 -5 of the Unified Devel- opment Code. H. Occupancy Permits. No occupancy permit shall be issued by the City of Dubuque for property included in the subject planned unit development district until full compliance with this ordinance has been achieved. 21 I. Recording. A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder a permanent record of the conditions ac- cepted as part of this reclassification approval within thirty (30) days after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and his/her heirs, successors, and assigns. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved, and adopted this 6th day of November 2023. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 10th day of November, 2023. /s/Adrienne N. Breitfelder, City Clerk 2. Second Amendment to Grant Agreement with Virtual Velocity, LLC for the Rehabilitation of 1199 Central Avenue: Motion by Sprank to receive and file the documents and adopt Reso- lution No. 371-23 Approving a Second Amendment to Grant Agreement by and between the City of Dubuque, Iowa and Virtual Velocity, LLC, including the proposed issuance of urban re- newal tax increment revenue obligations relating thereto, and providing for the publication of notice thereof. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 371-23 APPROVING A SECOND AMENDMENT TO GRANT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND VIRTUAL VELOCITY, LLC, INCLUDING THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS RELAT- ING THERETO, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, City and Virtual Velocity, LLC entered into a Grant Agreement, dated the 3rd day of October 2022, providing for a Façade Grant, a Planning & Design Grant, a Financial Con- sultant Grant, and a Housing Creation Grant; and Whereas, the City Council, by Resolution No. 342-23, dated October 16, 2023, declared its intent to approve a Second Amendment to Grant Agreement by and between the City of Dubu- que, Iowa and Virtual Velocity, LLC, including the issuance of Urban Renewal Tax Incre ment Revenue Obligations; and Whereas, pursuant to published notice, a public hearing was held on the proposed Second Amendment to Grant Agreement on November 6, 2023 at 6:30 p.m.; and Whereas, it is the determination of the City Council that approval of the Second Amendment to Grant Agreement for redevelopment of the Property by Virtual Velocity, 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 DUBU- QUE, IOWA: Section 1. That the Second Amendment to Grant Agreement by and between the City of Dubuque, Iowa, and Virtual Velocity, 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 Second Amend- ment to Grant Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the Second Amendment to Agreement as herein approved. Passed, approved, and adopted this 6th day of November, 2023. 22 Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Public Hearing - Purchase Agreement Approval for Partial Sale of Hendricks Site Property to Dubuque County and City Purchase of Dubuque County Owned Parking Lot: Motion by Rous- sell to receive and file the documents and adopt Resolution No. 372-23 Disposing of City inter- est in real property by deed to Dubuque County, Iowa and approving the acquisition real prop- erty owned by Dubuque County, Iowa by the City of Dubuque. Seconded by Farber. Dubuque County Auditor and Commissioner of Elections Kevin Dragotto thanked city staff for their work on the agreement and offered his availability for questions. City Council Members commended the project. Motion carried 7-0. RESOLUTION NO. 372-23 DISPOSING OF CITY INTEREST IN REAL PROPERTY BY DEED TO DUBUQUE COUNTY, IOWA AND APPROVING THE ACQUISITION REAL PROPERTY OWNED BY DUBUQUE COUNTY, IOWA BY THE CITY OF DUBUQUE 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 20th day of October, 2023, the City Council of the City o f Dubuque, Iowa met on the 6th day of November, 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: City Lots 279, 280, 281, 282, according to the United States Commissioners Map of the Town of Dubuque, Iowa (the City Property); and Whereas, Dubuque County is the owner of the following real described property: City Lot 324 and the South 25’ of City Lot 325 (the County Property); and Whereas, City and Dubuque County have entered into an agreement (the Purchase Agree- ment), subject to the approval of the City Council of the City of Dubuque and the Board of Supervisors of Dubuque County, a copy of which is attached hereto, pursuant to which City will convey the City Property to Dubuque County and Dubuque County will convey the County Prop- erty to City; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written, to the proposal to convey such property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the conveyance of City of Dubuque real property described as City Lots 279, 280, 281, 282 according to the United Sates Commissioners Map to Dubuque County be and the same is hereby approved. Conveyance shall be by Special Warranty Deed. Section 2. That the City of Dubuque be and is hereby authorized to accept a Special Warranty Deed from Dubuque County For the County Property. Section 3. That the City Clerk be and is hereby authorized and directed to cause said Special Warranty Deed to be recorded in the office of the Dubuque County Recorder, together with a certified copy of this Resolution. Section 4. 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 and Dubuque County Auditor. Passed, approved, and adopted this 6th day of November 2023. Brad Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk ACTION ITEMS 23 1. Private and Publicly Owned Distribution System Water Main Pipe Materials : Motion by Resnick to receive and file the documents and approve the continued use of poly-vinyl chloride (PVC) and ductile iron pipe (DIP) for public drinking water mains privately or publicly owned - and-operated in the City of Dubuque, or as extended, with the intent to be connected to the City of Dubuque’s water distribution system; and that the City of Dubuque continue to use the SU- DAS Specification and Design Manual for water mains, adopted by City Council resolution 211 - 23 on July 5, 2023, as a uniform standard for design and installation; and suspend use of the Division 5 of the City of Dubuque SUDAS Supplemental standards as it pertains to Water Main materials specifically until such time as a formal review is conducted. Seconded by Roussell. Responding to a question from the City Council regarding a potential discrepancy, City Manage r Van Milligen stated that the city’s code of ordinances may contain conflicting language and that amendments to the code may be required. Motion carried 7 -0. 2. Locations of Utilities within the Right of Way: Motion by Jones to receive and file the doc- uments relating to engineering design standards for the placement of utilities within the public right-of-way (ROW) as outlined in the Iowa State Urban Design and Specifications (SUDAS) program. Seconded by Sprank. Responding to a question from the City Council, City Manager Van Milligen stated that this resulted from the developers’ roundtables and offers developers the option to install water mains under pavement. Motion carried 7-0. 3. Funding Affordable Connectivity Program (ACP) Website: Motion by Farber to receive and file the documents and approve the funding to support the Affordable Connectivity Program (ACP) website and hosting services, including analytics through December of 2024 in the amount of $145,544.26. Seconded by Wethal. City Council Members summarized the previous outcomes of the ACP. Responding to a question from the City Council, City Manager Van Milli- gen stated that general fund savings from Fiscal Year 2023’s budg et will fund the program. Mr. Van Milligen summarized how general fund savings are carried over into the next fiscal year. Motion carried 7-0. 4. City Focus Magazine - Fall 2023 Issue: Motion by Sprank to receive and file the docu- ments. Seconded by Wethal. City Council Members commended the publication. Motion carried 7-0. 5. Contacting City Council and City Staff Handouts: Motion by Wethal to receive and file the documents. Seconded by Jones. Motion carried 7 -0. 6. Updated "New Housing Units Approved and/or Under Review" Handout: Motion by Sprank to receive and file the documents. Seconded by Wethal. City Council Members stated the im- portance of communicating the benefits of these incentives to state legislators. Motion carried 7-0. 7. 2023-2025 City Council Goals & Priorities Brochure: Motion by Resnick to receive and file the documents. Seconded by Farber. Motion carried 7 -0. 8. Work Session Request: Waste Minimization Annual Report Presentation: Motion by Jones to receive and file the documents and schedule the work session for December 18, 2023, at 5:30 p.m. Seconded by Resnick. Motion carried 7-0. 9. Work Session Request: Carnegie-Stout Public Library Space Needs Assessment: Motion 24 by Jones to receive and file the documents and schedule the work session for January 16, 2024, at 5:30 p.m. Seconded by Sprank. Motion carried 7-0. 10. Dubuque County Economic Development Update Video : Motion by Jones to receive and file the documents and view the video. Seconded by Resnick. Media Services showed a video update on the variety of economic development projects currently underway in Dubuque County. The video can be viewed at: https://youtu.be/NUsRtV8OIBA?si=hg-uJWCuwkBeiNSN. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Roussell reported on attending the Indian Association of Dubuque’s Diwali Festival of Lights; the NAACP Freedom Fund Banquet; a Cities Forward call with the city’s partner city of Hermosillo, Mexico; Dubuque Main Street’s awards banquet; the Grand River Center’s 20th anniversary celebration’ and Dubuque Trees Forever’s Lower Bee Branch tree planting event. Council Member Sprank reported that the Pride Family Picnic received Dubuque Main Street’s award for best annual event. Council Member Jones reported that election day is occurring on November 7th. Mr. Jones also reported on his recent visit to the Boys & Girls Club of Greater Dubuque. Council Member Resnick reported on the recent retirement of Public Works Director John Klostermann. Council Member Wethal reported on serving as Mayor Pro Tem at Q Casino’s groundbreak- ing event and the Grand River Center’s 20th anniversary celebration. Ms. Wethal also reported on attending the NAACP Freedom Fund Banquet and the Indian Association of Dubuque’s Di- wali Festival of Lights. Mayor Cavanagh reported on attending Bloomberg City Lab in Washington, D.C., where the topic of AI was extensively discussed. CLOSED SESSION Motion by Jones to convene in closed session at 8:04 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 w ith 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 10:09 p.m. stating that staff had been given proper direction. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 10:00 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk