The URL can be used to link to this page

Approval of 2023 City Council Official ProceedingsCity of Dubuque City Council .de]Z[+9=1z11i111=1Ly 6RVA11.1 Copyrighted November 4, 2024 ITEM TITLE: Approval of 2023 City Council Official Proceedings SUMMARY: City Clerk recommending City Council approval of the completed and indexed 2023 City Council Official Proceedings for calendar year 2023. SUGGUESTED Receive and File; Approve DISPOSITION: ATTACHMENTS: 1. Staff Memo 2. Proceedings Page 809 of 2498 Dubuque City Clerk's Office THE CITY OF City Hall T T R AII-America City '��I.I,��I r E 50 W. 131h Street DubuqD (563)5 9-41 52001-4864 (563) 589-4100 office V iJ (563) 589-0890 fax zoos-20124013 Masterpiece on the Mississippi 2017*2019 ctyclerk@cityofdubuque.org www.cityofdubuque.org TO: Mayor Brad M. Cavanagh and City Council Members FROM: Adrienne N. Breitfelder, City Clerk DATE: October 31, 2024 SUBJECT: 2023 City Council Official Proceedings The City Clerk's Office is submitting the 2023 City Council Official Proceedings for City Council approval. Per the City of Dubuque Code of Ordinances Title 1-6A-4(D) Records, the City Clerk's Office must compile in book form the City Council proceedings for all regular and special meetings of the City Council held from January through December for each calendar year. These official proceedings include the standard minutes of each regular and special City Council meeting with the wording for each resolution and ordinance added, as well as a complete index by subjects of the contents thereof. The annual compilation is then submitted to the City Council for approval before being sent out for printing and binding. Once bound, said proceedings book shall constitute the permanent official record for the year. Typically, five books are printed and bound. The official copy resides in the City Clerk's Office, with additional copies provided to the City Manager's Office and the Carnegie - Stout Public Library. Additional copies are provided to the Center for Dubuque History at Loras College and the Mayor at their request and expense. A digital version of the Official Proceedings is also uploaded to the City of Dubuque Public Document's web portal for searching by the public and staff. Currently, the Official Proceedings are available on the city's website from 1907 to present. I respectfully recommend City Council approval of the completed and indexed 2023 City Council Official Proceedings for calendar year 2023. Page 810 of 2498 OFFICIAL PROCEEDINGS of the CITY COUNCIL for the CITY OF DUBUQUE, IOWA c�� 2023 --�-� Approved XXXXXXXX, 2024 Recorded and prepared by Adrienne N. Breitfelder, CMC, City Clerk Trish L. Gleason, CMC, MMC, Assistant City Clerk Page 811 of 2498 Page 812 of 2498 CITY OFFICERS FOR THE YEAR 2023 Brad M. Cavanagh MAYOR COUNCIL MEMBERS RIC W. JONES ...................... COUNCIL MEMBER AT -LARGE DAVID T. RESNICK................ COUNCIL MEMBER AT -LARGE SUSAN R. FARBER .............COUNCIL MEMBER FIRST WARD LAURA J. ROUSSELL...... COUNCIL MEMBER SECOND WARD DANNY C. SPRANK ............ COUNCIL MEMBER THIRD WARD KATYA. WETHAL ........... COUNCIL MEMBER FOURTH WARD d rq7 �)� 3 Page 813 of 2498 Page 814 of 2498 CITY OFFICERS FOR THE YEAR 2023 COUNCIL APPOINTEES CITY MANAGER......................................................................................MICHAEL C. VAN MILLIGEN CITY CLERK.........................................................................................ADRIENNE N. BREITFELDER CITY ATTORNEY.........................................................................................CRENNA M. BRUMWELL DEPARTMENT MANAGERS ASSISTANT CITY MANAGER...............................................................................CORI L. BURBACH AIRPORT DIRECTOR............................................................................................. TODD E. DALSING BUDGET AND FINANCE DIRECTOR............................................................. JENNIFER M. LARSON CITY ENGINEER....................................................................................................GUS N. PSIHOYOS DIRECTOR OF STRATEGIC PARTNERSHIPS..................................................TERI H. GOODMANN DIRECTOR OF THE OFFICE OF SHARED PROSPERITY AND NEIGHBORHOOD SUPPORT............................................................................. ANDERSON SAINCI ECONOMIC DEVELOPMENT DIRECTOR............................................................. JILL M. CONNORS CHIEF OF EQUITY AND HUMAN RIGHTS..................COLLINS O. EBOH, Interim (January - June) GISELLA M. AITKEN-SHADLE (July — December) EMERGENCY COMMUNICATIONS MANAGER ............ MARK P. MURPHY (January — September) JESSICA M. GEORGE-RETHWISCH (October — December) FIRE CHIEF........................................................................................................... AMY R. SCHELLER HOUSING AND COMMUNITY DEVELOPMENT DIRECTOR .............................. ALEXIS M. STEGER HUMAN RESOURCES DIRECTOR............................................................. SHELLEY M. STICKFORT INFORMATION SERVICES MANAGER ................................................... CHRISTINE A. KOHLMANN LEISURE SERVICES MANAGER.............................................................................. MARIE L. WARE LIBRARY DIRECTOR.............................................................................................NICK L. ROSSMAN PLANNING SERVICES MANAGER.............................................................. WALLY C. WERNIMONT POLICE CHIEF.................................................................................................... JEREMY R. JENSEN PUBLIC HEALTH SPECIALIST...................................................................MARY ROSE CORRIGAN PUBLIC INFORMATION OFFICER........................................................................... RANDY W. GEHL PUBLIC WORKS DIRECTOR ..................................... JOHN L. KLOSTERMANN(January -October) ARIELLE E. SWIFT (November -December) SUSTAINABLE COMMUNITY COORDINATOR............................................................ GINA S. BELL TRANSPORTATION SERVICES DIRECTOR......................................................RYAN C. KNUCKEY WATER DEPARTMENT MANAGER.........................................................CHRISTOPHER J. LESTER WATER & RESOURCE RECOVERY CENTER MANAGER...............................WILLIAM J. O'BRIAN Regular meetings of the City Council were held on the first and third Monday of each month (Tuesday pending holidays) at 6:30 p.m. in the Historic Federal Building. Page 815 of 2498 Page 816 of 2498 Book 153 Special and Regular Sessions, January 3, 2023 1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on January 3, 2023, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attor- ney Brumwell (attended virtually). 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 the Black Heritage Survey. WORK SESSION BLACK HERITAGE SURVEY Planning Services Manager Wally Werni- mont introduced Assistant Planner Chris Happ Olson, project coordinator for the Black Herit- age Survey, who presented an update on the progress of the Black Heritage Survey. Re- sponding to a question from the City Council, Ms. Olson stated that anyone with relevant in- formation in support of the survey can contact her. Ms. Olson also outlined the goal of having the survey accessible to a variety of groups. City Council Members praised the survey and stressed its importance. There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:23 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on January 3, 2023, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6'h Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attor- ney Brumwell (attended virtually). Mayor Cavanagh read the call and stated this is a regular session of the City Council called for the purpose of conducting such busi- ness that may properly come before the City Council. PLEDGE OF ALLEGIANCE PRESENTATIONS 1. COVID-19 Update: Public Health Direc- tor Mary Rose Corrigan provided an update on the COVID-19 pandemic and response activi- ties. PROCLAMATION(S) 1. Human Slavery and Human Trafficking Prevention Month (January 2023) was ac- cepted by Sister Marilou Irons on behalf of the Tri-State Coalition Against Human Trafficking and Slavery. CONSENT ITEMS Council Member Jones requested Item No. 14 be held for separate discussion. Council Member Roussell requested Item No. 16 be held for separate discussion. Motion by Res- nick to receive and file the documents, adopt the resolutions, and dispose of as indicated, except for Item Nos. 14 and 16. Seconded by Farber. Motion carried 7-0. 1. Minutes and Reports Submitted: Civil Service Commission of 12/21/22; City Council Proceedings of 12/19/22; Zoning Board of Ad- justment of 12/15/22; Proof of Publication for City Council Proceedings of 11/30/22 and 12/5/22. Upon motion the documents were re- ceived and filed. 2. Notice of Claims and Suits: Rick Belser for property damage. Upon motion the docu- ments were received, filed, and referred to the City Attorney. Page 817 of 2498 Book 153 Regular Session, January 3, 2023 2 3. Disposition of Claims: City Attorney ad- vised that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Rick Besler for property damage. Upon motion the documents were received, filed, and concurred. 4. Expenses Submitted for City Council Ap- proval: Upon motion the documents were re- ceived and filed, and Resolution No. 1-23 Au- thorizing the Director of Finance and Budget/City Treasurer to make certain pay- ments of bills that must be paid and approved for payment in accordance with City proce- dures was adopted. RESOLUTION NO. 1-23 AUTHORIZING THE DIRECTOR OF FI- NANCE AND BUDGET / CITY TREASURER TO MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT IN ACCORDANCE WITH CITY PROCEDURES Whereas, Section 1-7-7(E) of the Municipal Code of the City of Dubuque provides that the Finance Director -City Treasurer shall keep an accurate account of all disbursements, money, or property, specifying date, to whom, and from what fund paid; and Whereas, the invoices, presented by those firms and persons providing such goods and services have been pre -audited by Finance Department personnel in accordance with gen- erally accepted internal control procedures and have been determined to have been requisi- tioned for a lawful municipal purpose; and Whereas, the Finance Director -City Treas- urer has provided a list of Expenditures [pro- vided] hereto, and by this reference made a part hereof, to be drawn to pay for goods and services provided for City purposes; and Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142-18 adopted May 7, 2018, authorized the Finance Director -City Treasurer to issue checks in pay- ment of certain expenditures known as Excep- tion Expenditures prior to City Council approval and such list is [provided] hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Finance Director -City Treas- urer 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 mu- nicipal code requirements as requested by designated requisitioning authorities in accord- ance with approved budget appropriations. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance Director are hereby authorized and directed to provide the statement of receipts and disburse- ments to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 3rd day of January, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Finance Department Restructure: Upon motion the documents were received, filed, and approved. 6. Fleet Electrification Guidance & Cost of Carbon: Upon motion the documents were re- ceived, filed, and approved. 7. Mystique Ice Arena: Rubber Sport Floor- ing Removal and New Replacement Project - Acceptance of Equipment, Goods, and Ser- vices Contract: Upon motion the documents were received and filed, and Resolution No. 2- 23 Accepting the Mystique Ice Arena Rubber Sport Flooring Removal and New Replacement Project and authorizing the payment to the ven- dor / service provider was adopted. RESOLUTION NO. 2-23 ACCEPTING THE MYSTIQUE ICE ARENA RUBBER SPORT FLOORING REMOVAL AND NEW REPLACEMENT PROJECT AND AUTHORIZING THE PAYMENT TO THE VENDOR / SERVICE PROVIDER Whereas, the Equipment, Goods, and Ser- vices Contract for the Mystique Ice Arena Rub- ber Sport Flooring Removal and New Replace- ment Project (the Project) has been completed by Becker Arena Products, Inc., (Vendor / Ser- vice Provider), and the City Engineer has ex- amined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $289,480.95; and Whereas, Becker Arena Products, Inc. has previously been paid $275,006.90, leaving a balance of $14,474.05; 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 Becker Arena Products, Inc. the balance of the retainage of $14,474.05 as provided in Iowa Code chapter 573, and to pay such retainage in accordance with the provi- sions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Page 818 of 2498 Book 153 lar Session, January 3, 2023 Passed, approved, and adopted this V day of January 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 8. Mystique Community Ice Center Settle- ment Remediation Project: Acceptance of Pub- lic Improvement Construction Contract: Upon motion the documents were received and filed, and Resolution No. 3-23 Accepting the Mys- tique Ice Center Settlement Remediation Pro- ject and authorizing the payment to the con- tractor was adopted. RESOLUTION NO. 3-23 ACCEPTING THE MYSTIQUE ICE CENTER SETTLEMENT REMEDIATION PROJECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the Mystique Ice Center Settlement Reme- diation Project (the Project) has been com- pleted by the Contractor, Keller North America, 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 $1,822,443.00; and Whereas, the Contractor has previously been paid $1,731,320.85, leaving a balance of $91,122.15; 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 $91,122.15 as provided in Iowa Code chapter 573, and to pay such re- tainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved, and adopted this 3rd day of January 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 9. Acceptance of a Grant of Easement for Water Main Utility over Barbara and Terrence Bahl property in Dubuque County, Iowa as part of the Briarwood Subdivision Water Connec- tion Project: Upon motion the documents were received and filed, and Resolution No. 4-23 Ac- cepting a Grant of Easement for water main utility through, over and across part of Lot 5 in Briarwood Subdivision, Dubuque County, Iowa was adopted. RESOLUTION NO. 4-23 ACCEPTING A GRANT OF EASEMENT FOR WATER MAIN UTILITY THROUGH, OVER AND ACROSS PART OF LOT 5 IN BRIAR - WOOD SUBDIVISION, DUBUQUE COUNTY, IOWA Whereas, Barbara J. Bahl and Terrence L. Bahl, have executed a Grant of Easement for Water Main Utility through, over and across part of Lot 5 in Briarwood Subdivision, Dubu- que 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 Grant of Easement for Wa- ter Main Utility through, over and across part of Lot 5 in Briarwood Subdivision, Dubuque County, Iowa as shown on the Grant of Ease- ment for Water Main Utility, from Barbara J. Bahl and Terrence L. Bahl, a copy of which is [provided] 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 author- ized to and directed to record this resolution and Grant of Easement for Water Main Utility with the Dubuque County Recorder. Passed, approved, and adopted this 3'd day of January, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 10. Accepting Deed from Jade Engineering for 1509-1511 Bluff Street: Upon motion the documents were received and filed, and Reso- lution No. 5-23 Accepting the deed to certain real estate in Dubuque County, Iowa from Jade Engineering LLC was adopted. RESOLUTION NO. 5-23 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM JADE ENGINEERING LLC Whereas, Jade Engineering LLC is the owner of certain real property in Dubuque County, Iowa, described as follows: The northerly 48 ft. of the easterly 90 ft. of lot 4 in D. N. Cooley's Subdivision of Out Lots numbered 668 in the City of Dubuque, Iowa, according to the rec- orded plat thereof. Whereas, as part of a court settlement, if the property was not sold prior to June 30, 2022, Jade Engineering LLC would deed the property to the City of Dubuque; and Whereas, Jade Engineering LLC has exe- cuted a Deed conveying said real estate to the City of Dubuque; and Page 819 of 2498 Book 153 Regular Session, January 3, 2023 4 Whereas, the City Council finds that it is in the best interest of the City to accept such deed from Jade Engineering, LLC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The City of Dubuque, Iowa, hereby accepts the Deed from Jade Engineer- ing LLC, a copy of which Deed is [provided] hereto. Section 2. The City Clerk is hereby author- ized and directed to record this Resolution and the Deed with the Dubuque County Recorder. Passed, approved, and adopted this 3rd day of January, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 11. The Hotel Dubuque, LLC, Seventh Amendment to Development Agreement: Upon motion the documents were received and filed, and Resolution No. 6-23 Approving the Sev- enth Amendment to the Development Agree- ment between the City of Dubuque and The Hotel Dubuque, LLC was adopted. RESOLUTION NO. 6-23 RESOLUTION APPROVING THE SEVENTH AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE AND THE HOTEL DUBUQUE, LLC Whereas, the City of Dubuque, Iowa (here- inafter "City") and Warehouse Trust, LLC, en- tered into a Development Agreement dated for reference purposes the 17t" day of June 2013 which Development Agreement was subse- quently assigned to Novelty Iron Landlord, LLC with the consent of the City; and Whereas, the Hotel Dubuque, LLC has en- tered into a Purchase Agreement with Novelty Iron Landlord, LLC, to purchase the Condomin- ium Units presently owned by Novelty Iron Landlord, LLC, and constituting the entirety of the assets of Novelty Iron Landlord, LLC.; and Whereas, the Development Agreement was subsequently assigned to The Hotel Dubu- que, LLC with the consent of the City; and Whereas, the Sixth Amendment to Devel- opment Agreement established a Closing Date of December 30, 2022 on the Development Agreement between Novelty Iron Landlord, LLC and The Hotel Dubuque, LLC; and Whereas, The City and The Hotel Dubu- que, LLC now desire to extend the Closing Date to March 30, 2023 to allow The Hotel Dubuque, LLC to finalize its financing; and Whereas, the City Council finds that the Seventh Amendment [provided] hereto should be approved. NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Seventh Amendment is hereby approved. Section 2. The Mayor is hereby authorized and directed to sign the Seventh Amendment on behalf of the City of Dubuque. Passed, approved, and adopted this 3rd day of January, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 12. First Amendment to Community Devel- opment Block Grant (CDBG) Subrecipient Agreement between the City of Dubuque and Dubuque Area Labor Harvest: Upon motion the documents were received and filed, and Reso- lution No. 7-23 Authorizing the First Amend- ment to the CDBG Subrecipient Agreement be- tween the City of Dubuque and Dubuque Area Labor Harvest was adopted. RESOLUTION NO. 7-23 RESOLUTION AUTHORIZING THE FIRST AMENDMENT TO THE CDBG SUBRECIPI- ENT AGREEMENT BETWEEN THE CITY OF DUBUQUE AND DUBUQUE AREA LABOR HARVEST Whereas, the City of Dubuque and Area Labor Harvest entered into a CDBG Subrecipi- ent Agreement dated October 3, 2022 with re- spect to food deliveries to Low- and moderate - income families and individuals in need and otherwise unable to access food inde- pendently; and Whereas, the parties desire to modify the Subrecipient Agreement as set out in the First Amendment to the Subrecipient Agreement [provided] hereto; and Whereas, Area Labor Harvest provides ser- vices to a majority low to moderate -income in- dividuals. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the First Amendment to the CDBG Subrecipient Agreement be approved. Section 2. That the City Manager or his de- signee of the City of Dubuque is hereby author- ized and directed to execute said Amendment on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 3rd day of January 2023. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 13. Curbside Collection Cart Update - Jan- uary Utility Bill Insert: Upon motion the docu- ments were received and filed. 14. Marketing Update for Leisure Services Seasonal Employees: Council Member Jones shared information about the Leisure Services Seasonal Job Fair occurring on January 5, 2023 and encouraged residents to promote the Page 820 of 2498 Book 153 lar Session, January 3, 2023 event. Motion by Jones to receive and file the documents. Seconded by Resnick. Motion car- ried 7-0. 15. Flora Pool Filter Tanks and Recircula- tion Pump Replacement — Award Public Im- provement Contract: Upon motion the docu- ments were received and filed, and Resolution No. 8-23 Awarding Public Improvement Con- struction Contract for the Flora Pool Filter Tanks and Recirculation Pump Replacement Project was adopted. RESOLUTION NO. 8-23 AWARDING PUBLIC IMPROVEMENT CON- STRUCTION CONTRACT FOR THE FLORA POOL FILTER TANKS AND RECIRCULA- TION PUMP REPLACEMENT PROJECT Whereas, Flora Park pool is an aging pop- ular community amenity in need of repair to en- sure availability to the community for years to come; and Whereas, the residents of the City of Dubu- que will benefit from this operational improve- ment; and Whereas, sealed proposals have been sub- mitted by contractors for the Project pursuant to Resolution No. 376-22 and Notice to Bidders published on the City of Dubuque, Iowa web - site on the 5th day of December 2022; and Whereas, said sealed proposals were opened on the 19th day of December 2022 and it has been determined that Carrico Aquatics Resources, Oelwein, IA submitted the low bid in the amount of $227,400 and is the lowest re- sponsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the Public Improvement Construction Contract for the Flora Pool Filter Tanks and Recirculation Pump Replacement Project is hereby awarded to Carrico Aquatic Resources and the City Manager is hereby di- rected to execute the Public Improvement Con- tract on behalf of the City of Dubuque for the project. Passed, approved, and adopted this 3rd day of January 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 16. Certified Municipal Clerk Designation for City Clerk: Council Member Roussell and Mayor Cavanagh congratulated City Clerk Breitfelder on achievement of the International Institute of Municipal Clerks' (IIMC) designation of Certified Municipal Clerk (CMC). Motion by Roussell to receive and file the documents. Se- conded by Farber. Motion carried 7-0. 17. Approval of Retail Alcohol Licenses: Upon motion the documents were received and filed, and Resolution No. 9-23 Approving appli- cations for retail alcohol licenses, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 9-23 APPROVING APPLICATIONS FOR RETAIL ALCOHOL LICENSES, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDI- NANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CON- TROL, ARTICLE B LIQUOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for retail alcohol li- censes have been submitted and filed with the City Council for approval, and the same have been examined, provisionally approved, and/or approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City, and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Clerk is hereby author- ized and directed to cause to be issued the noted license types to the following applicants pending submission of the locally required doc- umentation: Renewals Dubuque Mining Co., 555 John F. Kennedy Rd. Suite 600 Dubuque Wine & Spirit LLC, 3305 Asbury Rd. Gold Standard Athletics, 555 John F. Ken- nedy Rd. Unit 415 Hammerheads Bar & Billiards, 2095 Kerper Blvd. Ste. 2 Hartig Drug Company 8, 1600 University Ave. Hy-Vee Market Cafe 3, 400 Locust St. Cafe Area The Clubhouse, 2364 Washington St. Passed, approved, and adopted this 3rd day of January 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk BOARDS/COMMISSIONS Applications were reviewed for the follow- ing Boards and Commissions. Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. Page 821 of 2498 Book 153 lar Session, January 3, 2023 1. Civic Center Advisory Commission: One, 3-Year term through June 29, 2024 (Vacant term of Daugherty). Applicants: Jesse Gavin, 1120 Main St.; Peter Gaul, 2311 Central Ave.; Danielle Jacobs, 3130 Shiras Ave. Mr. Gavin spoke in support of his application and pro- vided a brief biography. Mr. Gaul and Ms. Ja- cobs virtually spoke in support of their applica- tions, respectively, and provided brief biog- raphies. 2. Community Development Advisory Com- mission: Two, 3-Year terms through February 15, 2026 (Expiring Low/Moderate Income term of Fox and At -Large term of Mozena). Appli- cants: Kelly Fox, 838 Althauser St. - Qualifies as Low/Moderate Income Rep. and At -Large; Gabriel Mozena, 196 Bluff St. - Qualifies as At - Large. 3. Housing Commission: One, 3-Year term through August 17, 2024 (Vacant term of Weitz). Applicant: Ross Janes, 2741 Muscatine St. Mr. Janes spoke in support of his applica- tion and provided a brief biography. PUBLIC HEARINGS 1. Resolution Approving the Development Agreement by and between the City of Dubu- que and McCoy Group, Inc., Including the Issu- ance of Urban Renewal Tax Increment Reve- nue Grant Obligations: Motion by Resnick to receive and file the documents and adopt Res- olution No. 10-23 Approving a Development Agreement by and between the City of Dubu- que, and McCoy Group, Inc., including the is- suance of urban renewal tax increment reve- nue obligations. Seconded by Jones. Jim Con- nely, 501 Bell St., Director of Marketing for McCoy Group, Inc., spoke in support of the De- velopment Agreement and provided an over- view of the project. Council Members ex- pressed support for the Development Agree- ment. Motion carried 7-0. RESOLUTION NO. 10-23 APPROVING A DEVELOPMENT AGREE- MENT BY AND BETWEEN THE CITY OF DUBUQUE, AND MCCOY GROUP, INC., IN- CLUDING THE ISSUANCE OF URBAN RE- NEWAL TAX INCREMENT REVENUE OBLI- GATIONS Whereas, McCoy Group, Inc. is the owner of the following described real property: Tract I - Lot 2 of Lot 3 of Lot 3 of South - park Addition No. 1, in the City of Dubuque, Iowa, according to the recorded plat thereof, subject to easements of record Tract ll- Lot 2 of Southpark Addition No. 2, in the City of Dubuque, Iowa, ac- cording to the recorded plat thereof, subject to easements of record Tract III - Lot 2 of Southpark Addition No. 1, in the City of Dubuque, Iowa, ac- cording to the recorded plat thereof, subject to easements of record (the "Property") Tract IV - Lot 1 of Southpark Addition No. 2, in the City of Dubuque, Iowa, ac- cording to the recorded plat thereof, subject to easement of record Tract V - Lots 1 and 2 of Gudenkauf Place, City of Dubuque, Iowa (the Property); and Whereas, the City Council, by Resolution No. 392-22, dated December 19, 2022, de- clared its intent to enter into a Development Agreement by and between the City of Dubu- que, and McCoy Group, Inc., including the is- suance of Urban Renewal Tax Increment Rev- enue Obligations; and Whereas, pursuant to published notice, a public hearing was held on the proposed De- velopment Agreement on January 3, 2023 at 6:30 p.m.; and Whereas, it is the determination of the City Council that approval of the Development Agreement for redevelopment of the Property by McCoy Group, Inc. according to the terms and conditions set out in the Development 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 Development Agree- ment by and between the City of Dubuque and McCoy Group, Inc., a copy of which is [pro- vided] hereto, including the issuance of Urban Renewal Tax Increment Revenue Obligations, is hereby approved. Section 2. That the Mayor is hereby author- ized and directed to execute the Development Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is author- ized to take such actions as are necessary to comply with the terms of the Development Agreement as herein approved. Passed, approved, and adopted this 3rd day of January, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk PUBLIC INPUT Rick Dickinson, 205 Hill St., President and CEO of Greater Dubuque Development Corpo- ration, spoke in support of Public Hearing No. 1, Action Item No's. 2, and 3. Eric Ethier, 325 Monroe St., Member of the Key City Creative Center Board of Directors, spoke in support of Action Item No. 2 and Page 822 of 2498 Book 153 lar Session, January 3, 2023 requested that the City Council support Option B for the gathering space proposed on 181h St. Tim Hitzler, 2655 Fulton St.; and Bill Doyle, 1591 White St., also spoke in support of Action Item No. 2, respectively. City Clerk Breitfelder announced receipt of written input from Jeff DiCicco, President of Key City Creative Center, regarding Action Item No. 2. ACTION ITEMS 1. Mayor and City Council Appointments to Various Boards and Committees: Motion by Roussell to receive and file the documents and refer to the City Council. Seconded by Sprank. Council Member Wethal volunteered to as- sume the appointment on the Friends of the Mines of Spain Advisory Board in place of Council Member Sprank. Motion amended by Roussell to receive and file the documents, ap- point Council Member Wethal to the Friends of the Mines of Spain Advisory Board, and main- tain all other appointments as specified. Se- conded by Sprank. Point of Order by Jones to include removing Council Member Sprank from the Friends of the Mines of Spain Advisory Board in the motion. Motion amended by Rous- sell and seconded by Sprank. Motion carried 7- 0. 2. Central Avenue Corridor Streetscape Master Plan — Adoption: Motion by Sprank to receive and file the documents and adopt Res- olution No. 11-23 Adopting the Central Avenue Corridor Streetscape Master Plan. Seconded by Jones. Responding to a question from the City Council, City Manager Van Milligen stated that the gathering space on 18th St., along with other specific decisions related to the plan, will be presented to the City Council at future meet- ings. City Council Members expressed enthu- siasm for the plan and thanked everyone who provided input. Motion carried 7-0. RESOLUTION NO. 11-23 RESOLUTION ADOPTING THE CENTRAL AVENUE CORRIDOR STREETSCAPE MAS- TER PLAN Whereas, the City Council adopted Central Avenue Revitalization: Streetscape and Busi- ness Development as a Top Priority in its 2017- 2019 Policy Agenda; and Whereas, RDG Planning & Design and WHKS were hired to assist City staff to prepare a Master Plan for the Central Avenue Corridor; and Whereas, several public meetings were held to provide input on the Master Plan, a steering committee composed of stakeholders was consulted on the Master Plan, and several City staff have provided input to the Master Plan; and Whereas, the revitalization of the Central Avenue Corridor will create new housing, com- mercial, and retail development opportunities to enhance the economic development in the downtown; and Whereas, the Central Avenue Corridor will be revitalized with an emphasis on embracing the Washington Neighborhood, pedestrian safety, integration of arts and culture, reduced maintenance, preservation of the corridor's ar- chitecture, a greener experience, economic vi- tality, and safety. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the Central Avenue Corri- dor Streetscape Master Plan prepared by RDG Planning & Design and WHKS is hereby ap- proved. Passed, approved, and adopted this 3rd day of January, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Central Avenue / White Street Truck Route: Amend Commercial Motor Vehicles Or- dinance to December 31, 2023: Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Sprank. Council Member Sprank suggested an additional ordinance amending the speed limit on Central Ave. and White St. from 25 miles per hour (mph) to 20 mph be considered. Re- sponding to a question from the City Council, City Attorney Brumwell stated that the City Council was permitted to discuss Council Member Sprank's suggestion during this meet- ing. Council consensus on the suggestion would be required for City staff to present the proposed ordinance amendment on a future agenda for formal action. Responding to a question from the City Council, City Manager Van Milligen stated that traffic flow could be in- corporated into the traffic study resulting from the Central Avenue Corridor Streetscape Mas- ter Plan. City Engineer Gus Psihoyos stated that traffic counts and speed counts help deter- mine speed limits, and that downtown speed limits automatically default to 25 mph. Mr. Psi- hoyos also confirmed that speed limits can be reviewed as part of the traffic study. Council Members expressed support for the commer- cial motor vehicles ordinance amendment and recommended that Council Member Sprank's speed limit reduction suggestion be considered via the upcoming traffic study. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 1-23 Amending City of Dubuque Code of Ordinances Title 9 Motor Page 823 of 2498 Book 153 lar Session, January 3, 2023 Vehicles and Traffic, Chapter 16 Miscellaneous City Provisions, Division 2 Trucks and/or Ma- chinery, Section 9-16-321.901 Motor Truck Routes. Seconded by Sprank. Motion carried 7-0. ORDINANCE NO. 1-23 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHICLES AND TRAFFIC, CHAPTER 16 MISCELLANE- OUS CITY PROVISIONS, DIVISION 2 TRUCKS AND/OR MACHINERY, SECTION 9-16-321.901 MOTOR TRUCK ROUTES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 9-16-321.901 of the City of Dubuque Code of Ordinances is amended to read as follows: 9-16-321.901: MOTOR TRUCK ROUTES: A. Motor trucks registered for a gross weight limit exceeding ten thousand (10,000) pounds (5 tons) must travel over marked highways when operating in the city and may not depart from such marked highways, except that any motor truck whose destination is in the city may depart from such highway at that point on the high- way nearest to its destination and then pro- ceed directly to such destination. B. Motor trucks whose trips originate within the city must travel by the most direct route to that point on a marked highway nearest to such point of origin. C. Motor trucks entering the city on an un- marked highway must proceed to the near- est marked highway by the most direct route and then proceed to their destination, except when the destination lies between the point of entry into the city and the marked highway. This prohibition shall not apply to Central Avenue and White Street between 4t" Street and 32" d Street from the de -designation of Central Avenue and White Street as the Iowa Highway 52 motor truck route through the city by the Iowa de- partment of transportation and continue through December 31, 2023. D. Motor trucks registered for a gross weight limit exceeding ten thousand (10,000) pounds (5 tons) must not travel over the following streets: Ice Harbor Drive, from 1 st Street to the 3rd Street Overpass. Main Street, from 5th Street to 9th Street. E. The city manager is authorized to des- ignate and establish by appropriate signs alternate motor truck routes and to post signs limiting motor trucks registered with a gross weight limit exceeding ten thousand (10,000) pounds (5 tons) from operating on nonhighway streets and the streets desig- nated in subsection D of this section. F. The provisions of this section govern- ing the travel of motor trucks on residential streets do not apply to public or private car- riers of passengers on tour, fixed demand response, or dial -a- ride routes or school or church buses. G. The scheduled fine for a violation of this section is fifty dollars ($50.00). Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 3rd day of January, 2023. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 6th day of January, 2023. /s/Adrienne N. Breitfelder, City Clerk 4. Work Session Request: Smart Parking & Mobility Master Plan and the Historic Millwork District Master Plan Update: Motion by Rous- sell to receive and file the documents and schedule the work session for Monday, Janu- ary 30, 2023, beginning at 5:30 p.m. Seconded by Sprank. No schedule conflicts were ex- pressed. Motion carried 7-0. 5. Work Session Request: Sustainable Dubuque Quarterly Sessions: Motion by Jones to receive and file the documents and schedule the work session for Monday, February 6, 2023, at 6:00 p.m.; Monday, May 15, 2023, at 6:00 p.m.; Monday, July 17, 2023, at 5:30 p.m.; and Monday, October 16, 2023, at 5:30 p.m. Seconded by Roussell. No schedule conflicts were expressed. Motion carried 7-0. 6. Delivering Dubuque: Police Department Video: Motion by Sprank to receive and file the documents and view the video. Seconded by Jones. Media Services showed the Delivering Dubuque episode featuring the Police Depart- ment. This video was produced by the Public Information Office and can be viewed at: https://youtu.be/44L6843vTMQ. Mayor Cavanagh emphasized the importance of ad- vocating for the city's budget and subsequent community impact via these videos and other means during the upcoming state legislative session. Motion carried 7-0. 7. Delivering Dubuque: Arts and Culture Video: Motion by Roussell to receive and file the documents and view the video. Seconded by Farber. Media Services showed the Deliver- ing Dubuque episode featuring Arts and Cul- ture. This video was produced by the Public In- formation Office and can be viewed at: https://youtu.be/K'w7BOg0l PY. Motion carried 7-0. Page 824 of 2498 Book 153 Special Session, January 17, 2023 9 8. Leisure Services Seasonal Job Fair Video: Motion by Jones to receive and file the documents and view the video. Seconded by Sprank. Media Services showed a video that promotes the Leisure Services Department's Seasonal Job Fair. This video was produced by the Public Information Office and can be viewed at: https://www.Voutube.com/watch?v=ucNmp- kqCFHc. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Jones reported that the Iowa Special Olympics are taking place in Dubuque next Monday and Tuesday. Council Member Farber reported on speak- ing at the University of Dubuque's Winter Com- mencement ceremony. Mayor Cavanagh wished everyone a happy new year. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 8:16 p.m. to discuss Purchase or Sale of Real Estate — Chapter 21.5(1)(j) Code of Iowa. Seconded by Resnick. Mayor Cavanagh stated for the record that the attorney who will consult with City Council on the issues to be discussed in the closed session is City Attorney Brumwell. Motion carried 7-0. The City Council reconvened in open ses- sion at 8:51 p.m. stating that staff had been given proper direction. There being no further business, Mayor Cavanagh declared the meeting adjourned at 8:52 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on January 17, 2023, in the second -floor Council Chambers of the His- toric Federal Building, 350 W. 61' Street. Present: Mayor Pro Tern Roussell; Mayor Cavanagh (attended virtually); Council Mem- bers Farber, Jones, Resnick, Sprank, Wethal (attended virtually); City Manager Van Milligen, City Attorney Brumwell (attended virtually). Mayor Pro Tern Roussell read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on Federal and State Grant Up- dates. WORK SESSION FEDERAL AND STATE GRANT UPDATES Director of Strategic Partnerships Teri Goodmann; Technical Grant Analyst/Assistant Justin Thiltgen; ICMA Local Government Man- agement Fellow Abhishek Rai; and Andrew Seth, President and Grant Writing Services Consultant of Sustainable Strategies DC, pre- sented on the status of the City of Dubuque's efforts to secure grants. Responding to ques- tions from the City Council, Mr. Seth stated that any projects receiving state funding could be considered for matching funds by the City and that Department of Transportation (DOT) fund- ing could be utilized for implementation of the Central Avenue Streetscape Master Plan. Due to limited time remaining in the work session, Mayor Pro Tern Roussell requested the City Council email any additional questions to the presenters. There being no further business, Mayor Pro Tern Roussell declared the meeting adjourned at 6:29 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk Page 825 of 2498 Book 153 Regular Session, January 17, 2023 10 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on January 17, 2023, in the second -floor Council Chambers of the His- toric Federal Building, 350 W. 6"' Street. Present: Mayor Pro Tern Roussell; Mayor Cavanagh (attended virtually); Council Mem- bers Farber, Jones, Resnick, Sprank, Wethal (attended virtually); City Manager Van Milligen, City Attorney Brumwell (attended virtually). Mayor Pro Tern Roussell 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. Dubuque Eagles "Eyes on the Future" Month (January 2023) was accepted by Mi- chael Duehr on behalf of the Dubuque Frater- nal Order of Eagles. 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: Building Code Advisory and Appeals Board of 12/1/22; City Council Proceedings of 1/3/23; Historic Preservation Commission of 12/15/22; Library Board of Trustees Update of 12/15/22; Resili- ent Community Advisory Commission of 1/5/23; Zoning Advisory Commission of 1/4/23; Proof of publication for City Council Proceed- ings of 12/19/22. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Mark Laird for vehicle damage; Ashley Moore for vehicle damage; Denise Trierweiler for property dam- age. Upon motion the documents were re- ceived, filed, and referred to the City Attorney. 3. Disposition of Claims: City Attorney ad- vised that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Ashley Moore for vehicle damage; Denise Trieweiler for property damage. Upon motion the documents were received, filed, and concurred. 4. Approval of City Expenditures: Upon mo- tion the documents were received and filed, and Resolution No. 12-23 Authorizing the Di- rector of Finance and Budget/City Treasurer to make certain payments of bills that must be paid and approved for payment in accordance with City procedures was adopted. RESOLUTION NO. 12-23 AUTHORIZING THE DIRECTOR OF FI- NANCE AND BUDGET / CITY TREASURER TO MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT IN ACCORDANCE WITH CITY PROCEDURES Whereas, Section 1-7-7(E) of the Municipal Code of the City of Dubuque provides that the Finance Director -City Treasurer shall keep an accurate account of all disbursements, money, or property, specifying date, to whom, and from what fund paid; and Whereas, the invoices, presented by those firms and persons providing such goods and services have been pre -audited by Finance Department personnel in accordance with gen- erally accepted internal control procedures and have been determined to have been requisi- tioned for a lawful municipal purpose; and Whereas, the Finance Director -City Treas- urer has provided a list of Expenditures [pro- vided] hereto, and by this reference made a part hereof, to be drawn to pay for goods and services provided for City purposes; and Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142-18 adopted May 7, 2018, authorized the Finance Director -City Treasurer to issue checks in pay- ment of certain expenditures known as Excep- tion Expenditures prior to City Council approval and such list is [provided] hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Finance Director -City Treas- urer 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 mu- nicipal code requirements as requested by designated requisitioning authorities in accord- ance with approved budget appropriations. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance Director are hereby authorized and directed to provide the statement of receipts and disburse- ments to the City Council, and to publish a summary thereof. Page 826 of 2498 Book 153 Regular Session, January 17, 2023 11 Passed, approved, and adopted this 17th day of January, 2023. Laura J. Roussell, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 5. Bee Branch Watershed Flood Mitigation Project Newsletter - January 2023 Issue: Upon motion the documents were received and filed. 6.2022 Justice Assistance Grant (JAG) Ap- proval and Acceptance of grant award: Upon motion the documents were received, filed, and approved. 7. Notice of Award and Request to Execute Grant Agreement for Volunteer DBQ 2023: Upon motion the documents were received, filed, and approved. 8. Acceptance of Certain Subdivision Im- provements in Rustic Point Estates #2: Upon motion the documents were received and filed, and Resolution No. 13-23 Accepting Public Im- provements in Rustic Point Estates #2, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 13-23 ACCEPTING PUBLIC IMPROVEMENTS IN RUSTIC POINT ESTATES #2, IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to Resolution 281-21, certain public improvements including street paving with curb, sanitary sewer main, water main, storm sewers and catch basins, street lighting, fiber optic conduit, accessible sidewalk ramps, sanitary sewer lift station, and storm water detention facilities were installed by the developer of Rustic Point Estates # 2 in the City of Dubuque, Iowa; and Whereas, the improvements, except for ac- cessible sidewalk ramps, sanitary sewer lift station, and storm water detention facilities, have been fully completed and the City Man- ager has examined the work and has filed a certificate stating that the same has been com- pleted in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the improvements be accepted by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said public improvements in Rustic Point Estates #2, ex- cept for except for accessible sidewalk ramps, sanitary sewer lift station, and storm water de- tention facilities, be and the same is hereby ac- cepted. Section 2. That a maintenance guarantee covering said public improvements shall be provided by the owners, Derby Grange LLC, for a period of two (2) years from the date of this resolution. Passed, approved, and adopted this 171h day of January, 2023. Laura J. Roussell, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 9. Stoneman Road Reconstruction Project Acceptance: Upon motion the documents were received and filed, and Resolution No. 14-23 Accepting the Stoneman Road Reconstruction Project and authorizing the payment of the con- tract amount to the contractor and Resolution No. 15-23 Adopting the Final Assessment Schedule for the Stoneman Road Reconstruc- tion Project was adopted. RESOLUTION NO. 14-23 ACCEPTING THE STONEMAN ROAD RE- CONSTRUCTION PROJECT AND AUTHOR- IZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Stoneman Road Reconstruction Project (the Project) has been completed by the con- tractor, McDermott Excavating (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 $1,182,104.67; and Whereas, the Contractor has previously been paid $1,115,723.64, leaving a balance of $66,381.04; 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 DUBU- QUE, IOWA: Section 1. The recommendation of the City Engineer is approved, and the Project is hereby accepted. Section 2. The Director of Finance and Budget is hereby directed to pay the balance of the retainage of $66,381.04 as provided in Iowa Code chapter 573, and to pay such re- tainage in accordance with the provisions of Iowa Code chapter 573 or Iowa chapter 26.13. Passed, approved, and adopted this 17th day of January 2023. Laura J. Roussell, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 15-23 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE STONEMAN ROAD RECONSTRUCTION PROJECT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. After full consideration, the Final Schedule of Assessments as shown on the Page 827 of 2498 Book 153 Regular Session, January 17, 2023 12 [provided] Exhibit A, is hereby approved for the Stoneman Road Reconstruction Project. Section 2. There is hereby assessed and levied as a special tax against and upon each of the benefited properties, the respective sums indicated. The amounts shown in said Fi- nal Schedule of Assessments as deficiencies are found to be proper and levied conditionally against the respective properties benefited by the improvements as shown in the Final Schedule of Assessments, subject to the provi- sions of Iowa Code § 384.63. Said assess- ments against said lots are hereby declared to be in proportion to the special benefits con- ferred and not in excess of twenty-five percent of the value of same. Section 3. The City Clerk be and is hereby directed to certify the Final Schedule of As- sessments to the County Treasurer of Dubu- que County, Iowa, and to publish notice of said certification once each week for two consecu- tive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the Final Schedule of Assess- ments. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property own- ers whose property is subject to assessment, as provided in Iowa Code § 384.60. Section 4. The assessments may be paid in full or in part without interest at the office of the City Engineer, City Hall, 50 W. 13th Street, Dubuque, Iowa, at any time within 30 days after the date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid assess- ments of $500.00 or more are payable in 15 annual installments at the County Treasurer's Office, Dubuque County Courthouse, 720 Cen- tral Avenue, Dubuque, Iowa, and will draw an- nual interest at three percent (3%) computed to December 1 next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. However, when the last day of September is a Saturday or Sunday, that amount shall be delinquent from the second business day of October. De- linquent installments will draw the same delin- quent interest as ordinary taxes. Property own- ers may elect to pay any annual installments semi-annually in advance. Passed, approved, and adopted this 171h day of January 2023. Laura J. Roussell, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk The public improvement and location is as follows: All properties abutting or served by util- ities on Stoneman Road. Consisting of the properties which are described as follows: CITY OF DUBUQUE, IOWA, STONEMAN ROAD, FINAL ASSESSMENT SCHEDULE PROPERTY OWNER NAME; LOT DESCRIP- TION; PARCEL NUMBER; STREET AD- DRESS; VALUATION WITH IMPROVEMENT; TOTAL PUBLIC IMPROVEMENT, COST; SIDEWALK; WATER SERVICE; SANITARY SERVICE; STORM SEWER STUB; GSCU COSTS; TOTAL PUBLIC ASSESSMENT Hills And Dales Child Development Center; Lot 2-2-1-2-1-2-2-2-2-2 NE 1/4 NE 1/4 SEC 28 T89N-R2E; 1028230013; 3505 Stoneman Road; $1,493,783.88; $11,305.23; $6,078.65; N/A; N/A; N/A; N/A; $17,383.88 Final Gravity LLC; Lot 1-2-1-2-1-2-2-2-2-2 NE 1/4 NE 1/4 Sec 28 T89N-R2E (UND 1/4 INT);1028230015;3455 Stoneman Road; $3,092.45; $243,783.06; $1,390.61; N/A; N/A; N/A; N/A; $4,483.06 Peckosh, Valerie B DMD & Thomas F Jr; Lot 1-2-1-2-1-2-2-2-2-2 NE 1/4 NE 1/4 Sec 28 T89N-R2E (UND 1/4 INT); 1028230016; 3455 Stoneman Road; $243,783.06; $3,092.45; $1,390.61; N/A; N/A; N/A; N/A; $4,483.06 Peckosh, Thomas F Jr & Valerie B; Lot 1- 2-1-2-1-2-2-2-2-2 NE 1/4 NE 1/4 Sec 28 T89N R2E (UND 1/8 INT); 1028230018; 3455 Stone- man Road; $118,451.53; $1,546.22; $695.31; N/A; N/A; N/A; N/A; $2,241.53 MB Real Estate Of Dubuque LLC; Lot 1-2- 1-2-1-2-2-2-2-2 NE 1/4 NE 1/4 SEC 28 T89N- R2E (UND 1/8 INT); 1028230017; 3455 Stone- man Road; $118,451.53; $1,546.22; $695.31; N/A; N/A; N/A; N/A; $2,241.53 Bierie Dental Building LLC; Lot 1-2-1-2-1-2- 2-2-2-2 NE 1/4 NE 1/4 Sec 28 T89N-R2E (UND 1/4 INT); 1028230014; 3455 Stoneman Road; $243,783.05; $3,092.44; $1,390.61; N/A; N/A; N/A; N/A; $4,483.05 M&D Real Estate 1 LLC; LOT 1-1-2-1-2-2- 2-2-2 NE 1/4 NE 1/4 SEC 28 T89N-R2E; 1028230019; 3435 Stoneman Road; $817,200.21; $12,369.78; $6,480.44; N/A; N/A; N/A; N/A; $18,850.21 Greenstate Credit Union; Lot 1 Greenstate Place; 1028230020; 3425 Stoneman Road; $299,681.70; $17,789.32; N/A; $7,274.78; $4,678.60; $1,639.00; N/A; $31,381.70 Greenstate Credit Union; Lot 2 Greenstate Place; 1028230021; 1475 John F. Kennedy Rd; $1,763,327.15; $14,822.11; N/A; N/A; N/A; $1,507.88; $61,217.16; $77,547.15 Kennedy Mall Inc; Bal Lot 1-1-1-1-1 Haw- keye Stock Farm; 1028276002; 555 John F. Kennedy Rd; $4,143,111.45; $74,031.45; N/A; $19,080.00; N/A; N/A; N/A; $93,111.45 10. Asbury Road and John F. Kennedy Road Emergency Traffic Signal Repair: Upon motion the documents were received and filed, and Resolution No. 16-23 Accepting the Page 828 of 2498 Book 153 Regular Session, January 17, 2023 13 Asbury Rd & JFK Rd Emergency Traffic Signal Repair Project and authorizing the payment to the contractor was adopted. RESOLUTION NO. 16-23 ACCEPTING THE ASBURY RD & JFK RD EMERGENCY TRAFFIC SIGNAL REPAIR PROJECT AND AUTHORIZING THE PAY- MENT TO THE CONTRACTOR Whereas, the public improvement contract for the Asbury Road and John F. Kennedy Emergency Traffic Signal Repair, (the Project) has been completed by the Contractor, McDer- mott Excavating. (Contractor), the City Engi- neer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $103,114.60; and Whereas, the Contractor has previously been paid $97,958.88, leaving a balance of $5,155.74; 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 $5,155.74 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 171h day of January 2023. Laura J. Roussell, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 11. Industrial Pretreatment Coordinator Po- sition: City Manager recommended City Coun- cil approval to create the Industrial Pretreat- ment Coordinator position, which will be funded by increasing the Industrial Pretreatment Cus- tomer fees and charges, as determined through the budget process. Upon motion the documents were received, filed, and approved. 12. Two (2) Parking Enforcement Officer Full -Time Position Recommendations: City Manager recommended the addition of two full- time Parking Enforcement Officers and reduce the number of part-time officers from six budg- eted to three. Upon motion the documents were received, filed, and approved. 13. Contracted Services Agreement — Crescent Community Health Center: Upon mo- tion the documents were received, filed, and approved. 14. Signed Contract(s): Strand Associates, Inc. for the Poly- and Perfluoralkyl Substances (PFAS) Treatment Evaluation. Upon motion the documents were received and filed. 15. Improvement Contracts / Performance, Payment, and Maintenance Bonds: 8'h Street Paver Reconstruction; Green Alley Retaining Wall - 2406, 2408 & 2410 Queen Street be- tween Queen Street and Windsor Avenue. Upon motion the documents were received, filed, and approved. 16. Approval of Retail Alcohol Licenses: Upon motion the documents were received and filed, and Resolution No. 17-23 Approving ap- plications for retail alcohol licenses, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 17-23 APPROVING APPLICATIONS FOR RETAIL ALCOHOL LICENSES, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDI- NANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CON- TROL, ARTICLE B LIQUOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for retail alcohol li- censes have been submitted and filed with the City Council for approval, and the same have been examined, provisionally approved, and/or approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City, and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Clerk is hereby author- ized and directed to cause to be issued the noted license types to the following applicants pending submission of the locally required doc- umentation: Renewals Chopper's, 601 Rhomberg Ave. Eagles Club, 1175 Century Dr. Four Mounds Inn & Conference Center, 4900 Peru Rd. Hy-Vee Fast and Fresh Express 2, 2435 NW Arterial Noonan's Tap, 1618 Central Ave. Phoenix Theatres, 555 John F Kennedy Rd.# 105 Sportsters Pub & Grub, 2600 Central Ave. The Vault Restaurant And Cocktail Lounge, 342 Main St. Page 829 of 2498 Book 153 Regular Session, January 17, 2023 14 Passed, approved, and adopted this 17 day of January 2023. Laura J. Roussell, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 17. Transfer of certain leases for City con- duit from Comelec Internet Services to ImOn Communications: Upon motion the documents were received, filed, and approved. ITEMS SET FOR PUBLIC HEARING Motion by Resnick 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 Development Agreement by and be- tween the City of Dubuque, Iowa, and Switch Development, LLC for the Issuance of Urban Renewal Tax Increment Revenue Grant Obli- gations Pursuant to the Development Agree- ment: Upon motion the documents were re- ceived and filed and Resolution No. 18-23 Fix- ing the date for a public hearing of the City Council of the City of Dubuque, Iowa on the Proposed Development Agreement by and be- tween the City of Dubuque and Switch Devel- opment, LLC., including the proposed issuance of Urban Renewal Tax Increment Revenue Grant Obligations to Switch Development, LLC, 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 February 6, 2023 in the Historic Federal Build- ing. RESOLUTION NO. 18-23 FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON THE PROPOSED DE- VELOPMENT AGREEMENT BY AND BE- TWEEN THE CITY OF DUBUQUE AND SWITCH DEVELOPMENT, LLC., INCLUDING THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE GRANT OBLIGATIONS TO SWITCH DEVEL- OPMENT, LLC, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, Switch Development, LLC, as Developer, is the owner of the following de- scribed real property: Lot 2 of Switch Development at JFK No. 1, in the City of Dubuque, Iowa, accord- ing to the recorded Plat thereof accord- ing to the Plat recorded as Instrument No. 2021-15183, records of Dubuque County, Iowa (the Property); and Whereas, the Property is located in the John F. Kennedy Road Urban Renewal Area (the District) which is an economic develop- ment area (the Project Area) as defined by Iowa Code Chapter 403 (the Urban Renewal Law); and Whereas, Developer will be constructing an office/commercial building on the Property, and operating the same as a retail/commercial business during the term of this Agreement; and Whereas, Developer will make an addi- tional capital investment in building improve- ments, equipment, furniture, and fixtures in the Property (the Project); and Whereas, City has determined that the Pro- ject will require certain traffic safety improve- ments to the public right of way of John F. Ken- nedy Road and West 32nd Street and Devel- oper agrees that such Required Intersection Improvements are reasonable and necessary; and Whereas, Developer is willing to pay for a portion of the traffic safety improvements at the intersection of John F. Kennedy Road and West 32"d Street required due to the additional traffic generated by the Project; and Whereas, pursuant to Iowa Code Section 403.6(1), and in conformance with the Urban Renewal Plan for the Project Area, City has the authority to enter into contracts and agree- ments to implement the Urban Renewal Plan, as such Urban Renewal Plan may be amended; and Whereas, the Development Agreement provides for the issuance by City of economic development grants to Switch Development, LLC, referred to therein as Urban Renewal Tax Increment Revenue Grant Obligations, paya- ble from the tax increment revenues collected in respect of the Improvements to be con- structed by Switch Development, LLC in ac- cordance with the Development Agreement, for the purpose of carrying out the objectives of an Urban Renewal Plan as hereinafter described; and Whereas, the Dubuque City Council be- lieves it is in the best interests of the City to en- courage Developer in the development of the Property; 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 meet- ing at which the City Council proposes to take action thereon and at which meeting the City Council shall receive oral and/or written objec- tions 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 author- ized 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 Page 830 of 2498 Book 153 Regular Session, January 17, 2023 15 Development Agreement, to be held on the 61h day of February, 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 Re- newal Tax Increment Revenue obligations, the proceeds of which obligations will be used to carry out certain of the special financing activi- ties described in the Urban Renewal Plan for the John F. Kennedy Road Urban Renewal Area, consisting of the funding of economic de- velopment grants to Switch Development, LLC, pursuant to the Development Agreement under the terms and conditions of said Urban Re- newal Plan. It is expected that the aggregate amount of the Tax Increment Revenue obliga- tions will be approximately $200,000. 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, pub- lished 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 ap- proval of the Development Agreement and the issuance of said obligations. Section 4. That the Notice of the proposed action shall be in substantially the form [pro- vided] hereto. Passed, approved, and adopted this 17'h day of January, 2023. Laura J. Roussell, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk PUBLIC HEARINGS 1. Amend Unified Development Code Sec- tion 16-11-8 Subdivision Design Standards and Section 16-13-3 Site Development Require- ments: Motion by Jones to receive and file the documents and that the requirement that a pro- posed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Sprank. Planning Ser- vices Manager Wally Wernimont provided a staff report. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 2-23 Amending City of Dubuque Code of Ordinances Title 16 Uni- fied Development Code, Chapter 11 Land Sub- division, Section 16-11-8 by adding a new Sub- section B Extension of Public Improvements; and amending Chapter 13 Site Design Stand- ards, Section 16-13-3 by adding a new Section 16-13-3-1 Extension of Public Improvements and renumbering Sections 16-13-3-2 through 16-13-3-7. Seconded by Sprank. Motion car- ried 7-0. ORDINANCE NO. 2-23 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED DEVELOP- MENT CODE, CHAPTER 11 LAND SUBDIVI- SION, SECTION 16-11-8 BY ADDING A NEW SUBSECTION B EXTENSION OF PUBLIC IMPROVEMENTS; AND AMENDING CHAP- TER 13 SITE DESIGN STANDARDS, SEC- TION 16-13-3 BY ADDING A NEW SECTION 16-13-3-1 EXTENSION OF PUBLIC IM- PROVEMENTS AND RENUMBERING SEC- TIONS 16-13-3-2 THROUGH 16-13-3-7 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordi- nances Section 16-11-8 is amended by delet- ing Subsection B and substituting the following in lieu thereof: 16-11-8: SUBDIVISION DESIGN STAND- ARDS: B. Extension of Public Improvements: 1. Definitions: For purposes of this Chapter, the following terms have the fol- lowing meanings: Development: Any change to im- proved or unimproved real estate, in- cluding, but not limited to, buildings or other structures, mining, dredging, fill- ing, grading, paving, excavation, or drill- ing operations for which necessary per- mits may be required. Fiberoptic network conduit: A pipe, vault, or duct used to enclose fiberoptic cable facilities buried alongside a road- way or surface mounted on a bridge, overpass, or other facility where place- ment below ground is impossible or im- practical. "Fiberoptic network conduit' does not include electronics or cable. Public Improvement: Streets, sani- tary sewers, water mains, streetlights, sidewalks, bike/hike trails, and fiberop- tic network conduit. 2. Requirement of Developer: For all subdivision or site plan developments, the developer shall extend all public improve- ments within and through the subdivision or site development, and to the property lines, to provide for their extension to adjacent properties. Public improvements shall be de- signed and installed in accordance with the current city standards and specifica- tions and within the time frame speci- fied in the resolution approving the final plat or improvement plan. The devel- oper shall pay the total cost of engineer- ing and construction of extensions of such public improvements. Plans for such extensions must be approved by the city engineer. The city Page 831 of 2498 Book 153 Regular Session, January 17, 2023 16 engineer may grant a waiver of the ex- c. When the upstream sewershed tension requirements on such terms property would require the developer to and conditions as the city engineer de- increase the pipe diameter, the city will termines appropriate. consider reimbursing the developer for 3. Water Mains: the incremental cost difference in sani- a. Water mains must be sized to tary sewer pipe above the cost for san- meet requirements for domestic plus itary sewer pipe needed to provide ser- fire flow water demands and in accord- vice for the development, as deter- ance with city. The city may require the mined by the city engineer and subject design and construction of water mains to the availability of funds as deter - with the ability to service lands other mined the city. The reimbursement will than the immediately adjoining land and be based on the difference in sanitary may require installation of water mains sewer pipe costs only and no allowance sized larger than the minimum required will be made for the difference in instal - to provide domestic and fire flow needs lation costs. for the development. In this circum- d. The city will not reimburse devel- stance, the city will consider reimburs- opers for any increase in sanitary sewer ing the developer for the incremental pipe diameter beyond 8-inch diameter if difference in material cost above that of the increase in size is a direct result of the cost for water main materials the development needs. needed to provide domestic and fire 5. The developer must provide the city flow needs subject to the availability of engineer with a current pipe supplier price funds as determined by the city. The list for the sanitary sewer pipe needed to city will not reimburse the developer for serve the development and the price for the water mains above 8-inch if larger di- increased sanitary sewer pipe size. The city ameter water main is needed to provide engineer will calculate the reimbursement domestic plus fire flow water demands amount and will document the reimburse - in the development. ment amount in an agreement between the b. Only mains sized larger than an city and the developer. 8-inch main may be considered eligible 6. When a developer is installing a san- for reimbursement purposes. The reim- itary sewer lift station to serve the develop- bursement will be based on the differ- ment, the developer is responsible for ence in pipe and fitting costs only, and proper capacity sizing of the lift station and no allowance will be made for the differ- force main to serve the development to ac- ence in installation costs. The devel- cept flow from upstream sewershed prop- oper must provide the city engineer with erties. a current pipe supplier price list for the 7. When the upstream sewershed prop - water main pipe and appurtenances erties would require the developer to in - needed to serve the development and crease the sanitary sewer lift station capac- the price for the increased pipe size and ity, the city will consider reimbursing the de - appurtenances. The city engineer will veloper for the incremental cost difference calculate the reimbursement amount in sanitary sewer lift station capacity above and will document the reimbursement the cost for the sanitary sewer lift station amount in an agreement between the needed to provide capacity for the develop - city and the developer. ment, as determined by the city engineer c. In areas where water main may and subject to the availability of funds as be extended by a developer past prop- determined by the city. The reimbursement erties owned by others outside of the fi- will be based on the difference in sanitary nal plat so as to serve the area of the sewer lift station costs only and no allow - final plat, such extension shall be at no ance will be made for the difference in in - expense to the city. The city shall not be stallation costs. obligated to collect any portion of this 8. The developer must provide the city cost for reimbursement to the devel- engineer with a current supplier price list for oper. the sanitary sewer lift station and force 4. Sanitary Sewers: main needed to serve the development and a. All sanitary sewers mains must a separate price list for the components be a minimum of 8-inch diameter pipe. needed for the increased lift station capac- b. The sanitary sewer extension ity. The city engineer will calculate the re - must be sized by the developer and ap- imbursement amount and will document proved by the city engineer to serve the the reimbursement amount in an agree - development and the development of ment between the city and the developer. upstream sewershed property that may be served by the sewer extension. Page 832 of 2498 Book 153 Regular Session, January 17, 2023 17 Section 2. City of Dubuque Code of Ordi- 3. Water Mains: nances Title Section 16-13-3 is amended by a. Water mains must be sized to adding a new Section 16-13-3-1 as follows: meet requirements for domestic plus 16-13-3-1: EXTENSION OF PUBLIC IM- fire flow water demands and in accord- PROVEMENTS: ance with city. The city may require the A. Installation Of Improvements: Public design and construction of water mains improvements including streets, sanitary with the ability to service lands other sewers, storm sewers, stormwater man- than the immediately adjoining land and agement facilities, water mains, street light- may require installation of water mains ing, street trees, and sidewalks shall be in- sized larger than the minimum required stalled in accordance with the city stand- to provide domestic and fire flow needs ards. for the development. In this circum- 1. Definitions: For purposes of this stance, the city shall reimburse the de - Chapter, the following terms have the veloper for the incremental difference in following meanings: material cost above that of the cost for Development: Any change to water main materials needed to provide improved or unimproved real estate, domestic and fire flow needs. The city including, but not limited to, build- will not reimburse the developer for wa- ings or other structures, mining, ter mains above 8-inch if larger diame- dredging, filling, grading, paving, ter water main is needed to provide do - excavation, or drilling operations for mestic plus fire flow water demands in which necessary permits may be re- the development. quired. b. Only mains sized larger than an Fiberoptic network conduit: A 8-inch main may be considered eligible pipe, vault, or duct used to enclose for reimbursement purposes. The reim- fiberoptic cable facilities buried bursement will be based on the differ - alongside a roadway or surface ence in pipe and fitting costs only, and mounted on a bridge, overpass, or no allowance will be made for the differ - other facility where placement be- ence in installation costs. The devel- low ground is impossible or imprac- oper must provide the city engineer with tical. "Fiberoptic network conduit' a current pipe supplier price list for the does not include electronics or ca- water main pipe and appurtenances ble. needed to serve the development and Public Improvement: Streets, the price for the increased pipe size and sanitary sewers, water mains, appurtenances. The city engineer will streetlights, sidewalks, bike/hike calculate the reimbursement amount trails, and fiber conduit. and will document the reimbursement 2. Requirement of Developer: For all amount in an agreement between the subdivision or site plan developments, the city and the developer. developer shall connect all public improve- c. In areas where water main may ments to other streets, sanitary sewers, wa- be extended by a developer past prop - ter mains, streetlights, and fiber network erties owned by others outside of the fi- conduit, and bike/hike trails within and nal plat so as to serve the area of the through the subdivision or site develop- final plat, such extension shall be at no ment, and to the property lines, to provide expense to the city. The city shall not be for their extension to adjacent properties. obligated to collect any portion of this Public improvements shall be cost for reimbursement to the devel- designed and installed in accord- oper. ance with the current city standards 4. Sanitary Sewers: and specifications and within the a. All sanitary sewers mains must time frame specified in the resolu- be a minimum of 8-inch diameter pipe. tion approving the final plat or im- b. The sanitary sewer extension provement plan. The developer must be sized by the developer and ap- shall pay the total cost of engineer- proved by the city engineer to serve the ing and construction of extensions development and the development of of such public improvements. upstream sewershed property that may Plans for such extensions must be served by the sewer extension. be approved by the city engineer. c. When the upstream sewershed The city engineer may grant a property would require the developer to waiver of the extension require- increase the pipe diameter, the city ments on such terms and conditions shall reimburse the developer for the in - as the city engineer determines ap- cremental difference in sanitary sewer propriate. pipe cost above the cost for sanitary Page 833 of 2498 Book 153 Regular Session, January 17, 2023 18 sewer pipe needed to provide service for the development. The reimburse- ment will be based on the difference in sanitary sewer pipe costs only and no allowance will be made for the differ- ence in installation costs. d. The city will not reimburse devel- opers for any increase in sanitary sewer pipe diameter beyond 8-inch diameter if the increase in size is a direct result of the development needs. 5. The developer must provide the city engineer with a current pipe supplier price list for the sanitary sewer pipe needed to serve the development and the price for the increased sanitary sewer pipe size. The city engineer will calculate the reimbursement amount and will document the reimburse- ment amount in an agreement between the city and the developer. 6. When a developer is installing a san- itary sewer lift station to serve the develop- ment, the developer is responsible for proper capacity sizing of the lift station to accept flow from upstream sewershed properties. 7. When the upstream sewershed prop- erties would require the developer to in- crease the sanitary sewer lift station capac- ity, the city shall reimburse the developer for the incremental difference in sanitary sewer lift station capacity cost above the cost for the sanitary sewer lift station needed to provide capacity for the develop- ment as determined by the city engineer. The reimbursement will be based on the difference in sanitary sewer lift station costs only and no allowance will be made for the difference in installation costs. Section 3. Sections 16-13-3-1 through 16- 13-3-6 are renumbered as follows: 16-13-3-2: SITE LIGHTING: 16-13-3-3: UTILITY LOCATIONS: 16-13-3-4: STORMWATER MANAGEMENT: 16-13-3-5: PARKING STRUCTURES: 16-13-3-6: PARKING LOT LAYOUT: 16-13-3-6-1: PARKING LOT PROVISIONS FOR BICYCLE PARKING: 16-13-3-6-2: PARKING LOT LIGHTING: 16-13-3-6-3: STANDARD PARKING SPACE DIMENSIONS: 16-13-3-7: SIDEWALKS AND WALKWAYS: Section 4. This ordinance shall take effect upon publication. Passed, approved, and adopted this 171h day of January, 2023. /s/ Laura J. Roussell, Mayor Pro Tern Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 20'h day of January, 2023. /s/Adrienne N. Breitfelder 2. Amend Dubuque Technology Park Planned Unit Development: Motion by Jones to receive and file the documents and that the re- quirement that a proposed ordinance be con- sidered and voted on for passage at two Coun- cil meetings prior to the meeting at which it is to be passed be suspended. Seconded by Far- ber. Planning Services Manager Wally Werni- mont provided a staff report. Responding to a question from the City Council, City Manager Van Milligen stated that ImOn Communications intends to create redundancy to respond to po- tential fiber cuts. Applicant Joe Myers, 683 6'h Ave., Convoy, IA, stated that ImOn Communi- cations intends to have north and south hubs in Dubuque. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 3-23 Amending Title 16 Unified Development Code of the City of Dubuque Code of Ordinances by rescinding Ordinance 13-08 and adopting the Amended Dubuque Technology Park Planned Unit De- velopment Ordinance with Planned Industrial Designation and Conceptual Plan. Seconded by Farber. Motion carried 7-0. ORDINANCE NO 3 - 23 AMENDING TITLE 16 UNIFIED DEVELOP- MENT CODE OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RESCINDING ORDINANCE 13-08 AND ADOPTING THE AMENDED DUBUQUE TECHNOLOGY PARK PLANNED UNIT DEVELOPMENT OR- DINANCE WITH PLANNED INDUSTRIAL DESIGNATION AND CONCEPTUAL PLAN NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the Dubuque Code of Ordinances, Unified Development Code, is hereby amended by rescinding Ordi- nance 13-08 and adopting amended Dubuque Technology Park Planned Unit Development with PI Planned Industrial designation ordi- nance and conceptual plan for the following property legally described, to wit: Lots, A, B. C, D and E Lots 1, 3 and 4 of Block 1 Lots 1, 2, 3, 4, 5, 6, 7, 8, 1-10, 11, and 12 of Block 2 all in Dubuque Technol- ogy Park; Lots 1 and 2 of Dubuque Tech- nology Park No. 2; Lot 1-1 and Lot 2-1 of Dubuque Technology Park No. 3; Lots 1 and 2-Dubuque Technology Park No. 4, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, IA. Page 834 of 2498 Book 153 Regular Session, January 17, 2023 19 B. Definitions recorded Subdivision Plat of the Prop- 1. Building -Related Features: Building erties. related features are defined as all 7. "Owner" shall mean and refer to the constructed items which rise above record titleholder, whether one or the grade surface of the lot. These in- more persons or entities, of fee simple clude: title to any Lot which is a part of the a. The primary building. Properties, including contract sellers, b. All accessory or secondary build- but excluding those having such inter- ings. est merely as security for the perfor- c. All exterior storage areas. mance of an obligation. d. Exterior refuse collection areas. 8. "Public Areas" shall mean and refer e. Exterior mechanical equipment. to the landscaped areas, recreational f. Containerized or tank storage of trail, park lands and storm water re - liquids, fuels, gases, and other tention and detention areas as identi- materials. fied by the plat [provided] hereto as 2. Vehicle -Related Features: Vehicle- Lots D and E and hereby made a part related features are defined.as all ar- of this Declaration the ownership of eas used for the movement and park- which shall be retained by the City of ing of all vehicles within the lot. These Dubuque. The Public Areas shall be include: open to the public for the use and en - a. Employee and visitor parking joyment of the public. spaces. C. Use Regulations: The following regula- b. Driveways from the street right- tions shall apply to all uses made of of -way line to and from parking land in this PUD District: spaces. Zone A: General Purpose and Descrip- c. Loading spaces outside of the tion: Properties denoted on Attachment A building. as Zone A are intended to provide space d. Maneuvering space and drive- for corporate offices, professional offices, ways to and from loading spaces. and technology -oriented companies in- e. Parking spaces for company- volved with software development, infor- owned commercial vehicles. mation technologies and other emerging f. Fire lanes. technologies. 3. Open Space Features: Open space 1. Principal permitted uses within Zone features are defined as those exte- A shall be limited to: rior areas and developed features of a. Public or quasi -public utilities in - the lot which include: cluding substations a. Landscaped space containing b. General offices lawn areas and plantings. c. Medical/dental lab b. Paved, hard -surfaced, pedestrian d. Mail order houses areas such as walkways, plazas, e. Printing and publishing entryways, and courtyards. f. Laboratories for research or engi- c. Surface storm water detention ar- neering eas not otherwise used for build- Parking shall be provided in ac- ing -related or vehicle -related pur- cordance with Chapter 14 of the poses. Unified Development Code. d. Open recreation areas and recre- 2. Conditional uses shall be limited to: ational trail. a. Licensed childcare center within e. Other non -building and non-ve- the principal structure of a permit- hicular related space. ted use or in an accessory struc- 4. "Carry -out Restaurant" - shall mean ture on the same lot. Licensed an establishment where all of the childcare centers are subject to meals or food are prepared for cus- state and local regulations; tomers to take out of the establish- 1) All applicable State require- ment. ments must be met; 5. "Properties" shall mean and refer to 2) Such facility shall provide for each and every parcel, and all por- the loading and unloading of tions thereof, of the real property children so as not to obstruct herein before described and such ad- public streets or create traffic ditions thereto as may be hereafter or safety hazards; added. 3) All license(s) have been is- 6. "Lot" shall mean and refer to any plot sued or have been applied for of land, except Public Areas and pub- awaiting the outcome of the- lic rights -of way, shown upon any Board's decision; Page 835 of 2498 Book 153 Regular Session, January 17, 2023 20 4) The parking group require- 1. Principal permitted uses shall be lim- ments must be met; ited to: 5) The conditional use applicant a. Public or quasi -public utilities, in - certifies that the premises on cluding substations. which the licensed child care b. General Offices center will be located complies c. Medical/dental lab with, and will for so long as the d. Mail order houses group day care center is so lo- e. Printing and publishing cated, continue to comply with f. Laboratories for research or engi- all local, state and federal reg- neering ulations governing hazardous g. Business services substances, hazardous h. Retail/dry cleaner within a pri- wastes, and hazardous mate- mary building only rials, including but not limited i. Indoor restaurant to Iowa Code Chapter 455B j. Carry -out restaurant within a pri- (1991); 42 U.S.C. Section mary building only 9601 of the Federal Compre- k. Drive -up automated bank teller hensive Environmental Re- within a primary building only sponse Compensation and Li- I. Banks, savings and loans, and ability Act; 40 C.F.R. Section credit unions within a primary 302.4, and Section 302 of the building only Superfund Amendments and Parking shall be provided in ac- Reauthorization Act of 1986; cordance with Chapter 14 of the and Unified Development Code. 6) If the applicant is subject to 2. Conditional uses shall be limited to: the requirements of Section a. Licensed childcare center 302 of the Superfund Amend- 1) All applicable State require- ments and Reauthorization ments must be met; Act of 1986, the Emergency 2) Such facility shall provide for Management Director shall the loading and unloading of certify whether or not the ap- children so as not to obstruct plicant has submitted a current public streets or create traffic or inventory of extremely hazard- safety hazards; ous substances kept or stored 3) All license(s) have been issued on the premises. If any such or have been applied for await - extremely hazardous sub- ing the outcome of the Board's stances are kept or stored on decision; the premises, the applicant 4) The parking group require - shall also post in a conspicu- ments must be met; ous place on the premises a 5) The conditional use applicant notice indicating a description certifies that the premises on of the extremely hazardous which the licensed child care substances, and the physical center will be located complies and health hazards presented with, and will for so long as the by such substances. group day care center is so lo- 3. Accessory uses shall be limited to: cated, continue to comply with a. Retail outlets within the principal all local, state and federal regu- structure of a permitted use, sell- lations governing hazardous ing products produced on -site and substances, hazardous wastes, only as accessory to the principal and hazardous materials, in - use. cluding but not limited to Iowa b. Any use customarily incidental Code Chapter 455B(1991); 42 and subordinate to the principal U.S.C. Section 9601 of the Fed - use it serves. eral Comprehensive Environ- c. Licensed childcare centers shall mental Response Compensa- not be allowed as an accessory tion and Liability Act; 40 C.F.R. use. Section 302.4, and Section 302 Zone B: General Purpose and Descrip- of the Superfund Amendments tion: Properties designated as Zone B and Reauthorization Act of can be developed for office and technol- 1986; and ogy-oriented businesses as in Zone A or 6) If the applicant is subject to the a limited amount of commercial develop- requirements of Section 302 of ment. the Superfund Amendments Page 836 of 2498 Book 153 Regular Session, January 17, 2023 21 and Reauthorization Act of on internal streets = 50 ft. 1986, the Emergency Manage- • Minimum side yard setback = ment Director shall certify 25 ft. whether or not the applicant has • Minimum rear yard setback = submitted a current inventory of 25 ft. extremely hazardous sub- • Minimum front yard setback stances kept or stored on the within Zone C = 15 ft. premises. If any such extremely c. Within required front, side, and hazardous substances are kept rear setbacks, only driveways, fire or stored on the premises, the lanes, open space features, and applicant shall also post in a primary and secondary signage conspicuous place on the prem- are allowed. Parking lots may en- ises a notice indicating a de- croach up to 25 ft. into a 50-foot scription of the extremely haz- front yard setback, provided addi- ardous substances, and the tional screening is provided as re - physical and health hazards quired in the Landscaping Regu- presented by such substances. lations section of this PUD Ordi- 3. Accessory uses shall be limited to: nance. a. Any use customarily incidental E. Parking Regulations and subordinate to the principal 1. All vehicle -related features shall be use it serves. surfaced with either asphalt or con- 4. Temporary uses shall be limited to: crete. a. Any use listed as a permitted use 2. Curbing and proper surface drainage within this PUD District of a limited of stormwater shall be provided. duration as established and as de- 3. All parking and loading spaces shall fined in Chapter 3-19 of the Uni- be delineated on the surfacing mate- fied Development Code. rial by painted strips or other perma- Zone C: General Purpose and Descrip- nent means. tion: Properties designated as Zone C 4. The number, size and design of park - can be developed for public or quasi -pub- ing spaces shall be governed by ap- lic utilities. plicable provisions of City of Dubuque 1. Principal permitted uses shall be lim- Ordinances enforced at the time of ited to: development of the lot. a. Public or quasi -public utilities, in- 5. The number, size, design, and loca- cluding substations and fiber optic tion of parking spaces designated for hubs. persons with disabilities shall be ac- D. Lot and Bulk Regulations: Development cording to the local, state, or federal of land in the PUD District shall be regu- requirements in effect at the time of lated as follows: development. 1. All building structures and activities 6. The location and number of private shall be located in conformance with driveway intersections with public the [provided] conceptual develop- streets shall be established by the ment plan and all final site develop- City of Dubuque. Access to all lots ment plans shall be approved in ac- shall be limited to the internal streets cordance with provisions of the PUD of this PUD District. District regulations of this ordinance 7. No on -street maneuvering of delivery and of Chapter 5-24 of the Unified De- vehicles will be allowed on any type of velopment Code. through street. Lots adjoining through 2. All building -related features shall be streets shall provide all necessary in accordance with the following lot maneuvering space for delivery vehi- and bulk regulations: cles within the boundaries of the lots. a. Maximum lot coverage shall be F. Landscaping Regulations limited to 80%. All building and ve- 1. Plant Materials. The open space of hicle- related features shall be each lot shall be planted with perma- considered when calculating total nent lawn and ground covers, shrubs, land area coverage. and trees. It is the intent of these reg- b. Setbacks: ulations that the development of re- • Minimum front yard setback quired open spaces shall reflect a along Highway 61/151=25 ft. high quality of environmental design. • Minimum front yard setback The following provisions shall apply for along Lake Eleanor Rd=50 ft. each lot. • Minimum front yard setback Page 837 of 2498 Book 153 Regular Session, January 17, 2023 22 a. Landscape plans are required as 5. Pedestrian access: Permanent hard - part of submittals for site plan re- surfaced walkways shall be installed view. Landscape plans are to in- and maintained by the owner for pur- clude type, number, and size of poses of pedestrian movement be - proposed plantings. As a mini- tween all parking areas and function - mum, the submitted landscape ing entries and exits of the buildings. plan should include the following: 6. PUD District landscaping: Landscap- No vehicle -related features ex- ing of this PUD District shall be in ac- cept driveways and fire lanes cordance with the landscape plan, a shall be allowed within 25 ft. of copy of which is [provided] and made the of the property line. a part of this PUD Ordinance. For every one (1) acre of lot size, G. Sign Regulations four (4) trees shall be required to 1. Applicability of City of Dubuque Ordi- a maximum of 40 trees. Each re- nances: Chapter 15 of the Unified De- quired tree shall be at least two velopment Code Sign Regulations (2) inches in diameter at plant- shall apply unless further regulated by ing. this section. Shrubs shall be used to screen 2. Off -Premise Signs: No off -premise parking areas and provide ac- signs shall be erected or constructed cent around buildings. Shrubs on the property of this PUD District or shall be of varieties approved for on any of the private lots or buildings this PUD District and listed in the within this PUD District. covenants for this PUD District. 3. On -Premise Signs: Parking areas located in front a. Allowable content: signs mes- yards shall be screened with a sages and graphics shall be lim- combination of trees, shrubs, or ited to the following contents: berms to provide a landscape 1) PUD District signs screen of 25% opacity. . Entrance signs Parking areas located in front . Directory signs yards and encroaching up to 25 . Street address ft. into a 50- foot front yard set- 2) Primary signs back shall be screened with a . Identification of company combination of trees, shrubs, name and berms to provide a land- . Identification of company scape screen of 50% opacity. products or services by ge- The installation of required planting neric name only materials may be phased in direct . Street address proportion to the phasing of building 0 Graphic symbol or logo construction. All exposed soil areas identified with the com- remaining after the construction of pony building and vehicle -related features 3) Secondary signs shall be planted with a permanent Directional messages nec- ground cover to prevent erosion. essary for the safe and ef- Within one (1) year following comple- ent flow of vehicular and tion of construction, or by the date that e pedestrian traffic p a building is issued an occupancy cer- Identification of visitor en- tificate by the Building Safety Depart- trances to the building, ment of the City of Dubuque, which- shipping, and receiving ever first occurs, required landscap- docks and other delivery ing shall be installed. The lot owner is required to replant Identification assigned any and all plant materials which have parking spacess and park - died due to any cause during the ef- ing spaces accessible to fective period of this PUD Ordinance. persons with disabilities The area between the public street Temporary announce - and the right-of-way line shall be ments of pending or new planted with grass and maintained by construction the lot owner. In addition, the lot • Commemorative mes- owner will maintain City installed sages street trees planted between the b. Allowable Structural Types: street and the right -of- way line, in- 1) PUD District signs cluding replacing trees that have died • Monument -style due to any cause. 2) Primary signs Page 838 of 2498 Book 153 Regular Session, January 17, 2023 23 • Wall -mounted completely enclosed by the sign • Monument -style panel. 3) Secondary signs h. Motion: No signs may include any • Wall -mounted device or means, mechanical, • Monument -style electrical, or natural, which shall c. Maximum number of signs: cause any motion of the sign 1) PUD District signs panel or any part thereof. No • Not to exceed a total of six flashing lights or changing colors (6) signs in PUD District shall be allowed. 2) Primary signs H. Performance Standards: The develop- • One (1) wall -mounted sign ment and maintenance of uses in this per street frontage per PUD District shall be established in con - business formance with Chapter 13 of the Unified • One (1) monument -style Development Code and the following sign per lot location; re- standards: stricted to frontages on in- 1. Site Lighting terior streets only. a. Exterior illumination of site fea- 3) Secondary signs tures shall be limited to the illumi- • No maximum number nation of the following: d. Maximum Sign Area: i. Parking areas, driveways 1) PUD District signs and loading facilities. • Entrance signs: 200 ii. Pedestrian walkway sur- square ft. per sign face faces and entrances to • Directory signs: 30 square building. iii. Screened storage areas. ft. per sign face iv. Building exterior. 2) Primary signs b. Location and Design: • Wall -mounted sign: 15% of i. All exterior lighting shall be the area of the building designed, installed, and wall upon which it is maintained so as not to mounted cause glare or to shine into • Monument -style signs: adjacent lots and streets. 100 square ft. per sign ii. No light source shall provide face illumination onto adjacent 3) Secondary signs lots, buildings, or streets in • Limited to six (6) square ft. excess of 1.0-foot candle. e. Height Regulations: iii. All exterior lighting lumi- 1) PUD District sign naires shall be designed and • 12 ft., measured from av- installed to shield light from erage grade to top sign the luminaire at angles structure above 72 degrees from ver- 2) Primary signs tical. • 10 ft., measured from av- iv. A lighting plan shall be in- erage grade to top of struc- cluded as part of site plan ture submittals that indicates 3) Secondary signs types of lights used and • 6 ft., measured from aver- ground light pattern for build - age grade to top of sign ing lighting of building and structure parking related features. f. Variance requests from sign re- v. Fixtures mounted on a quirements for sign, number and building shall not be posi- height shall be reviewed by the tioned higher than the roof Zoning Board of Adjustment in ac- line of the building. cordance with Chapter 8-6 of the vi. The top of post mounted Unified Development Code. free-standing fixtures shall g. Lighting: PUD District Signs and not be higher than 30 ft. primary and secondary signs may above the ground. be illuminated only by means of vii. Wooden utility type poles indirect lighting whereby all light are acceptable only for tem- sources and devices are shielded porary use during construc- from view by opaque or translu- tion. cent materials, or internally illumi- nated by means of a light source Page 839 of 2498 Book 153 Regular Session, January 17, 2023 24 viii. All electrical service lines assessment may also include the to posts and fixtures shall be establishment of a capital im- underground and concealed provements reserve fund for such inside the posts. purposes. Upon establishment of Utility Locations such assessment levy, each a. Service lines: All electrical, tele- Owner shall pay to City a pro rata phone, cable and other similar util- share (as hereinafter defined) of ity lines serving the building and such assessment levy, other site features shall be located b. If such pro rata share is not paid underground. within thirty (30) days of its due b. Mechanical equipment: all electri- date, the amount of such pro rata cal transformers, switching gear, share shall become a lien upon relay boxes, meters, air condition- the Lot obligated to pay the same ing units, heat pumps and other and shall bear interest from the similar mechanical equipment, in- due date at the highest legal con- cluding roof mounted mechanical tract rate applicable to a natural equipment, shall be screened person. City may bring an action from view. Mechanical equipment at law against any Owner obli- shall be screened in such a man- gated to pay the same or fore- ner that it will appear to be an in- close the lien against the Lot. The tegral part of the building's overall Owner shall also be obligated to architectural design. Fencing of at City for City's costs and reasona- least 50% opacity, masonry walls, ble attorney's fees of any collec- or plantings may be used to visu- tion efforts. No Owner may waive ally screen mechanical equip- or otherwise avoid liability for an ment. assessment provided herein by The recreational trail shall be placed non-use of the Public Areas or six (6) ft. behind the curb parallel to abandonment of a lot. the street on the north side of the cul- c. An Owner's pro rata share shall de -sac street and the east side of the be equal to a fraction, the numer- major street that runs north to south to ator of which shall be the gross link the perimeter recreational trail. square ft. area of the Lot owned The recreational trail shall be internal by the Owner and the denomina- to this PUD District and shall not be for of which shall be the gross placed on the north side of Lake Elea- square ft. area of the Properties nor Road. The recreational trail shall exclusive of the Public Areas and be placed in accordance with the con- public rights -of way. ceptual development plan. d. Other applicable regulations en - Final site development plans shall be forced by the City of Dubuque rel- submitted in accordance with Chapter ative to stormwater management 12 of the Unified Development Code and drainage shall apply to prop - prior to construction of each building erties in this PUD District. and vehicle -related feature unless 7. The conceptual development plan otherwise exempted by Chapter 12. shall serve as the preliminary plat for Stormwater Conveyance: The devel- this PUD District. Subdivision plats oper of each lot shall be responsible and improvement plans shall be sub - for providing surface or subsurface mitted in accordance with Chapter 11 conveyance(s) of storm water from Land Subdivision, of the Unified De - the lot to existing storm sewers or to velopment Code. flow line of open drainageways out- 8. Operations within enclosed buildings: side the lot in a means that is satisfac- All operations and activities shall be tory to the Public Works Department conducted or maintained within com- of the City of Dubuque. pletely enclosed buildings, except: Maintenance Assessments a. Off-street parking and loading a. City shall levy against the Proper- spaces. ties in each assessment year an b. Employee recreational facilities. annual assessment for the pur- c. Outdoor or exterior storage. pose of paying fifty percent (50%) 9. Noises generated within this PUD of the actual costs of City's District shall be regulated by Title 6, maintenance and repair of the Chapter 5 Noises, of the City of Dubu- Public Areas and the actual costs que Code of Ordinances. associated with maintaining and 10. All loading docks for shipping and lighting entrance signs. Said receiving of raw and manufactured Page 840 of 2498 Book 153 Regular Session, January 17, 2023 25 goods shall be designed to provide for shield the exterior trash collection the direct movement of goods be- area from view from points inside tween the delivery vehicle and the in- or outside of the property, ever- terior of the building. Loading docks green plantings may be required shall generally be restricted to the in addition to the screening. Ever - rear fagade of a building. Loading green plant materials shall be se - docks may only be allowed on a side lected and designed so that they facade of a building with approval will screen the area from all off - granted through the design review site visibility within five (5) years. process provided in the Dubuque 13. Street lighting: Street lights shall be Technology Park covenants. Build- installed in accordance with City of ings located on corner lots shall pro- Dubuque standards. vide screening that visually obscures 14. Flood Plain Regulations: The area the dock from both street frontages, of this PUD District that lies within the including any trucks positioned at the flood plain of Granger Creek shall be dock. No visually exposed platform subject to the regulations of Chapter docks shall be allowed except within 6-4 of the Unified Development Code. fully screened storage areas. An ef- 15. Phased Construction of Buildings fective 50% screening of loading and Parking Spaces: The construc- doors and docks, measured from tion of off- street parking spaces may ground level to a height of at least 20 be phased in proportion to the per- ft., shall be provided through the use centage of total building floor area of earthen berms and plantings. constructed at any one time. Ground 11. Exterior Storage: area set aside for future parking, load - a. Exterior storage is prohibited in ing spaces or driveways or for parking this PUD District. provided in excess of the minimum re- 12. Exterior Trash Collection Areas: quired number of parking spaces shall a. The storage of trash and debris not reduce the minimum required shall be limited to that produced area for open space. by the principal permitted use, 16. Other Codes and Regulations: conditional uses, and accessory These regulations do not relieve an uses of the lot. owner from other applicable city, b. The ground area coverage of ex- county, state and federal codes, reg- terior trash collection areas shall ulations, laws, and other controls rel- be the area contained inside the ative to the planning, construction, op - required screening and this area eration and management of property shall be considered a building -re- in the Dubuque Industrial Cen- lated feature for purposes of cal- ter/South. culating total land area coverages. I. Open Space and Recreation Area: These c. Exterior trash collection areas areas designated on the conceptual de - shall be located in the rear or side velopment plan as 'open" shall be main - yards only. tained as open space, as defined by d. All exterior trash collection areas Chapter 2 of the Unified Development and the materials contained Code by the property owner and/or asso- therein shall be visually screened ciation. The recreational trail shall be from view. The screening shall be maintained by the property owner and/or completely opaque fence, wall or association. other feature not exceeding a J. Ordinance History height of 10 ft. measured from the 1. Ord. 27-97: Rezoning from AG Agri - ground level outside the line of the cultural District to Planned Unit Devel- screen. Screens built on sloping opment with a Planned Industrial des - grades shall be stepped so that ignation. their top line shall be horizontal. 2. Ord. 13-08: Amend from Planned Exposed materials used to con- Unit Development to Planned Unit struct the opaque screen shall be Development with conditions and similar in changed the name of the PUD district appearance to materials used for to Dubuque Technology Park. exterior building walls. All exterior K. Transfer of Ownership: Transfer of own - entrances to a screened trash ership or lease of property in this PUD area shall be provided with a gate District shall include in the transfer or or door of similar design to that of lease agreement a provision that the pur- the screen. chaser or lessee acknowledges the exist - If a 10-foot-high screen fails to ence of this PUD District and the Page 841 of 2498 Book 153 Regular Session, January 17, 2023 26 restrictions and conditions existing in this PUD District. L. Modifications: Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclas- sification proceedings of Chapter 9-5 of the Unified Development Code. M. Recording: A copy of this ordinance shall be recorded in the office of the Dubuque County Recorder as a perma- nent record of this amendment. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Com- mission of the City of Dubuque, Iowa. Section 4. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved, and adopted this 17th day of January, 2023. /s/ Laura J. Roussell, Mayor Pro Tern Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 20th day of January 2023. /s/Adrienne N. Breitfelder, City Clerk ACTION ITEMS 1. Amending the Declaration of Covenants, Conditions, Restrictions, Reservations, Ease- ments, Liens, and Charges for the Dubuque In- dustrial Center: Motion by Resnick to receive and file the documents and adopt Resolution No. 19-23 Approving an Amendment to Decla- ration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens and Charges for property in Dubuque Industrial Center West Dubuque Industrial Center West 2"d Addition Dubuque Industrial Center West 5th Addition and Dubuque Industrial Center North First Ad- dition and Resolution No. 20-23 Approving an Amendment to Declaration of Covenants, Con- ditions, Restrictions, Reservations, Ease- ments, Liens and Charges for property in Dubuque Industrial Center South First Addi- tion. Seconded by Farber. Motion carried 7-0. RESOLUTION NO. 19-23 APPROVING AN AMENDMENT TO DECLA- RATION OF COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASE- MENTS, LIENS, AND CHARGES FOR PROP- ERTY IN DUBUQUE INDUSTRIAL CENTER WEST DUBUQUE INDUSTRIAL CENTER WEST 2ND ADDITION DUBUQUE INDUS- TRIAL CENTER WEST 5T" ADDITION AND DUBUQUE INDUSTRIAL CENTER NORTH FIRST ADDITION Whereas, the City Council of the City of Dubuque adopted on October 25, 1999 the Declaration of Covenants, Conditions, Re- strictions, Reservations, Easements, Liens and Charges (the Covenants), recorded November 16, 1999 as Instrument no. 17454-99, as amended, covering the following described Properties: Dubuque Industrial Center West Lots 1, 2, 3, 4, A, B, C and D; Dubuque Industrial Center West 2nd Addi- tion, by instrument dated April 16, 2002, recorded on April 30, 2002 as Instru- ment no. 7990-02; Dubuque Industrial Center West 5th Addi- tion, by instrument dated June 6, 2006, recorded July 7, 2006 as Instrument no. 2006-10389; and Dubuque Industrial Center North First Ad- dition, by instrument dated February 7, 2011, recorded February 11, 2011 as Instrument no. 2011-2684; Lot one (1) of Graf Farm Subdivision #2, Dubuque County, Iowa, according to the recorded plat thereof; Lot 1 of Lot 1 of Lot 1 of Lot 1 of West One-half of Northeast One -quarter, Section 25, Township 89 North, Range 1 East of the 5th P.M., in Center Town- ship, Dubuque County, Iowa; Lot 2 in "W.A. Norman Place" in Section 25, Center Township, Dubuque County, Iowa, according to the plat thereof; and The NW '/ of the SE '/4 of Section 25, Township 89 North, Range 1 East of the 5th P.M., in Center Township, Dubuque County, Iowa; Lot 1 of Lot 1 of the NW '/4 of the NW '/4 and the South''/2 of the NW'/4 in Section 29, Township 89 North, Range 2 East of the 5th P.M., Dubuque County, Iowa; Lot One (1) of Dubuque Industrial Center Seventh Addition in the City of Dubu- que, Iowa, according to the recorded plat thereof; Lot Two (2) of McFadden Farm Place #2 in the City of Dubuque, Iowa, according to the recorded plat thereof; and Lot 2 of McFadden Farm Place, in the City of Dubuque, Iowa, according to the recorded Plat thereof, subject to ease- ments and restrictions of record; and Whereas, the City of Dubuque and the Owners of the Properties now desire to amend the Covenants as set forth in the [provided] amendment to Declaration of Covenants, Con- ditions, Restrictions, Reservations, Ease- ments, Liens And Charges for property in Dubuque Industrial Center West Dubuque In- dustrial Center West 2"d Addition Dubuque In- dustrial Center West 5th Addition and Dubuque Industrial Center North First Addition; and Whereas, the Amendment revises the Cov- enants as follows: Section 4. For purposes of this Article IV, "Properties" and "Public Areas" shall mean the Properties and Public Areas described in this Amendment to Decla- ration of Covenants and the Properties Page 842 of 2498 Book 153 Regular Session, January 17, 2023 27 in Declaration of Covenants, Condi- tions, Restrictions, Reservations, Ease- ments, Liens and Charges for Dubuque Industrial Center South Lots 1, 2, 3, 4, 5, A, B, C, Dubuque Industrial Center South First Addition, recorded February 5, 2014, Instrument No. 2014- 00001147, and all property which may be added to such Declarations of Cov- enants; and Whereas, the City Council finds that it is in the best interests of the City of Dubuque to ap- prove the Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE AS FOLLOWS: Section 1. The amendment to Declaration Of Covenants, Conditions, Restrictions, Reser- vations, Easements, Liens And Charges for property in Dubuque Industrial Center West Dubuque Industrial Center West 2nd Addition Dubuque Industrial Center West 5th Addition and Dubuque Industrial Center North first addi- tion is hereby approved. Section 2. The City Manager is hereby au- thorized and directed to take such action as may be necessary to carry out the terms of this Resolution. Passed, approved, and adopted this 17th day of January, 2023. Laura J. Roussell, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 20-23 APPROVING AN AMENDMENT TO DECLA- RATION OF COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASE- MENTS, LIENS, AND CHARGES FOR PROP- ERTY IN DUBUQUE INDUSTRIAL CENTER SOUTH FIRST ADDITION Whereas, the City Council of the City of Dubuque adopted on February 3, 2014 the Declaration of Covenants, Conditions, Re- strictions, Reservations, Easements, Liens, and Charges (the Covenants), recorded March 5, 2014, as Instrument no. 2014-00001147, covering the following described Properties: Dubuque Industrial Center South Lots 1, 2, 3, 4, 5, A, B, C, Dubuque Industrial Center South First Addition, recorded February 5, 2014, Instrument No. 2014- 00001147; and Whereas, the City of Dubuque and the owners of the properties now desire to amend the covenants as set forth in the [provided] amendment to Declaration of Covenants, Con- ditions, Restrictions, Reservations, Ease- ments, Liens, and Charges for property in Dubuque Industrial Center south first addition; and Whereas, the Amendment revises the Cov- enants as follows: Section 4. For purposes of this Article IV, "Properties" and "Public Areas" shall mean the Properties and Public Areas described in this Amendment to Decla- ration of Covenants and the Properties in Declaration of Covenants, Condi- tions, Restrictions, Reservations, Ease- ments, Liens and Charges, recorded August 10, 2017, Instrument No. 2017- 00009921, for the following described Properties: Dubuque Industrial Center West Lots 1, 2, 3, 4, A, B, C and D; Dubuque Industrial Center West 2nd Addi- tion, by instrument dated April 16, 2002, recorded on April 30, 2002 as Instru- ment no. 7990-02; Dubuque Industrial Center West 5th Addi- tion, by instrument dated June 6, 2006, recorded July 7, 2006 as Instrument no. 2006-10389; Dubuque Industrial Center North First Ad- dition, by instrument dated February 7, 2011, recorded February 11, 2011 as Instrument no. 2011-2684; Lot one (1) of Graf Farm Subdivision #2, Dubuque County, Iowa, according to the recorded plat thereof; Lot 1 of Lot 1 of Lot 1 of Lot 1 of West One-half of Northeast One -quarter, Section 25, Township 89 North, Range 1 East of the 5th P.M., in Center Town- ship, Dubuque County, Iowa; Lot 2 in "W.A. Norman Place" in Section 25, Center Township, Dubuque County, Iowa, according to the plat thereof; and The NW '/4 of the SE '/4 of Section 25, Township 89 North, Range 1 East of the 51h P.M., in Center Township, Dubuque County, Iowa; Lot 1 of Lot 1 of the NW '/ of the NW '/ and the South''/2 of the NW'/4 in Section 29, Township 89 North, Range 2 East of the 5th P.M., Dubuque County, Iowa; and Lot One (1) of Dubuque Industrial Center Seventh Addition in the City of Dubu- que, Iowa, according to the recorded plat thereof; and Lot Two (2) of McFadden Farm Place #2 in the City of Dubuque, Iowa, according to the recorded plat thereof; and Lot 2 of McFadden Farm Place, in the City of Dubuque, Iowa, according to the recorded Plat thereof, subject to ease- ments and restrictions of record and all property which may be added to such Declarations of Covenants. Whereas, the City Council finds that it is in the best interest of the City of Dubuque to ap- prove the Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE AS FOLLOWS: Page 843 of 2498 Book 153 Special Session, January 30, 2023 28 Section 1. The amendment to Declaration of Covenants, Conditions, Restrictions, Reser- vations, Easements, Liens, and Charges for property in Dubuque Industrial Center South first addition is hereby approved. Section 2. The City Manager is hereby au- thorized and directed to take such action as may be necessary to carry out the terms of this Resolution. Laura J. Roussell, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 2. Greater Dubuque Development Corpora- tion's "YOU Can Be Great Here" Campaign Videos: Motion by Jones to receive and file the documents and view the videos. Seconded by Sprank. Media Services displayed three videos that are part of Greater Dubuque Development Corporation's "YOU Can Be Great Here" Cam- paign to promote the Greater Dubuque region. The videos can be viewed at the following link: https://www.youtube.com/CaDgreaterdubu- guedevelopment5306. Motion carried 7-0. COUNCIL MEMBER REPORTS Mayor Pro Tern Roussell offered her con- dolences to Council Member Wethal on the loss of her grandmother. Council Member Jones reported on Special Olympics recently occurring in Dubuque. Mayor Cavanagh also reported on Special Olympics and the Martin Luther King Jr. (MLK) community breakfast occurring over the MILK holiday. Council Member Wethal reported on the Black Thread art exhibit opening at the Dubu- que Museum of Art. Council Member Resnick thanked the Grand River Center for their support in hosting the MILK community breakfast and expressed enthusiasm for the year ahead. There being no further business, Mayor Pro Tern Roussell declared the meeting adjourned at 7:03 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on January 30, 2023, in the second -floor Council Chambers of the His- toric Federal Building, 350 W. 61' Street. Present: Mayor Cavanagh; Council Mem- bers Farber (attended virtually), Jones, Res- nick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attorney Brumwell (attended virtually). Mayor Cavanagh read the call and stated this is a special session of the City Council called for the purpose of conducting work ses- sions on the Smart Parking & Mobility Master Plan and the Historic Millwork District Master Plan. WORK SESSIONS (2) 1. SMART PARKING & MOBILITY MASTER PLAN UPDATE Director of Transportation Services Ryan Knuckey introduced Kevin White of Walker Consultants. Mr. White; Kenny Okigbo with RDG Planning & Design; and Eric Haggett with Walker Consultants, reviewed the status and findings of the Smart Parking & Mobility Master Plan. Due to a technical issue, the work session paused at 5:46 p.m. and reconvened at 6:03 p.m. While reconvening the session, Mayor Cavanagh announced that the meeting would not be broadcast on the city's video feed and Facebook due to technical difficulties. The meeting remained virtually accessible through GoToMeeting and was being recorded via the platform. Responding to questions from the City Council, the consultants summarized the out- comes of charging for parking, the possibility of reduced rate solutions, and outreach efforts conducted to obtain equitable input. Input re- ceived about transportation options for stu- dents and biking options were briefly outlined. Responding to a question from the City Council on whether the income ranges of survey re- spondents reflected Dubuque's income data, Mr. Okigbo stated that the consultants would provide that information to the City Council. The consultants summarized the current limita- tions and opportunities regarding the city's parking infrastructure and technology and stated that offering technologies that accept coin payments continue to be a prevalent Page 844 of 2498 Book 153 Special Session, February 6, 2023 29 option. The consultants stated that one out- come of the study will be to issue a Request for Proposals (RFP) for parking technology, in which the City can specify all desired technol- ogy. While leasing technology is an option, the consultants stated that it could limit the number of vendor options. Mr. Okigbo stated that the online survey was closed, but the public can still visit the Move DBQ website to submit com- ments, and that Council Members could for- ward any comments they receive to the con- sultants. This work session concluded at 7:28 p.m. The City Council recessed until 7:34 p.m. 2. HISTORIC MILLWORK DISTRICT MAS- TER PLAN UPDATE Economic Development Director Jill Con- nors introduced Andrew Dresdner of Bolton & Menk. Mr. Dresdner and Chris Brewer, also of Bolton & Menk, presented on the current status of the Historic Millwork District Master Plan Up- date. Responding to questions from the City Council, Mr. Dresdner discussed the possibility of either 7th Street or 10th Street serving as a thoroughfare to other Dubuque amenities and provided input on district naming. Responding to a question from the City Council, Ms. Con- nors stated that the initial Historic Millwork re- port was submitted in October and will be pro- vided to the City Council. Ms. Connors also stated that marketing has not been included in the master plan, but that marketing is a discus- sion point in monthly stakeholder meetings re- garding the district. There being no further business, Mayor Cavanagh declared the meeting adjourned at 8:12 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 6:00 p.m. on February 6, 2023, in the second -floor Council Chambers of the His- toric Federal Building, 350 W. 61h Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attor- ney 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 on Sustainable Dubuque. WORK SESSION SUSTAINABLE DUBUQUE WORK SES- SION Sustainable Community Coordinator Gina Bell provided an update of the Renew Dubuque Solar program. Responding to a question from the City Council, Ms. Bell stated that five-year maintenance of the solar panels is included in the contracts and is an industry standard. There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:17 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk Page 845 of 2498 Book 153 Regular Session, February 6, 2023 30 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on February 6, 2023, in the second -floor Council Chambers of the His- toric Federal Building, 350 W. 6"' Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attor- ney Brumwell. Mayor Cavanagh read the call and stated this is a regular session of the City Council called for the purpose of conducting such busi- ness that may properly come before the City Council. PLEDGE OF ALLEGIANCE PRESENTATIONS 1. COVID-19 Update: Public Health Direc- tor Mary Rose Corrigan provided an update on the COVID-19 pandemic and response activi- ties. PROCLAMATION(S) 1. Kiwanis Club of Dubuque 103rd Anniver- sary Week (February 12-18, 2023) was ac- cepted by Nora McCarville on behalf of the Ki- wanis Club of Dubuque. CONSENT ITEMS Council Member Wethal requested Item No. 11 be held for separate discussion. Council Member Roussell requested Item No. 5 be held for separate discussion. Motion by Resnick to receive and file the documents, adopt the res- olutions, and dispose of as indicated, except for Items No. 5 and 11. Seconded by Farber. Motion carried 7-0. 1. Minutes and Reports Submitted: Airport Commission of 11/29/22; City Council Pro- ceedings of 1/17/23; Civil Service Commission of 1/11/23; Long Range Planning Advisory Commission of 1/18/23; Proof of Publication for City Council Proceedings of 1/3/23. Upon mo- tion the documents were received and filed. 2. Notice of Claims and Suits: Tara Behnke for vehicle damage; Dubuque County for per- sonal injury/property damage; Gerardo Flores for property damage; Richard and Julie Har- dorff for property damage; Lindsey Hoyne for vehicle damage; Laura Knabel for personal in- jury/vehicle damage; Kelly Otting for personal injury/property damage; Brian Ward for per- sonal injury. Upon motion the documents were received, filed, and referred to the City Attor- ney. 3. Disposition of Claims: City Attorney ad- vised that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Tara Behnke for vehicle damage; Dubu- que County for personal injury/property dam- age; Gerardo Flores for property damage; Richard and Julie Hardorff for property dam- age; Lindsey Hoyne for vehicle damage; Laura Knabel for vehicle damage and personal injury; Mark Laird for vehicle damage; Kelly Otting for personal injury/property damage; Brian Ward for personal injury. Upon motion the docu- ments were received, filed, and concurred. 4. Approval of City Expenditures: Upon mo- tion the documents were received and filed, and Resolution No. 21-23 Authorizing the Di- rector of Finance and Budget/City Treasurer to make certain payments of bills that must be paid and approved for payment in accordance with City procedures was adopted. RESOLUTION NO. 21-23 AUTHORIZING THE DIRECTOR OF FI- NANCE AND BUDGET / CITY TREASURER TO MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT IN ACCORDANCE WITH CITY PROCEDURES Whereas, Section 1-7-7(E) of the Municipal Code of the City of Dubuque provides that the Finance Director -City Treasurer shall keep an accurate account of all disbursements, money, or property, specifying date, to whom, and from what fund paid; and Whereas, the invoices, presented by those firms and persons providing such goods and services have been pre -audited by Finance Department personnel in accordance with gen- erally accepted internal control procedures and have been determined to have been requisi- tioned for a lawful municipal purpose; and Whereas, the Finance Director -City Treas- urer has provided a list of Expenditures [pro- vided] hereto, and by this reference made a part hereof, to be drawn to pay for goods and services provided for City purposes; and Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142-18 adopted May 7, 2018, authorized the Finance Director -City Treasurer to issue checks in pay- ment of certain expenditures known as Excep- tion Expenditures prior to City Council approval and such list is [provided] hereto. Page 846 of 2498 Book 153 Regular Session, February 6, 2023 31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Finance Director -City Treas- urer 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 mu- nicipal code requirements as requested by designated requisitioning authorities in accord- ance with approved budget appropriations. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance Director are hereby authorized and directed to provide the statement of receipts and disburse- ments to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 6th day of February, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Council Member Susan R. Farber Ap- pointment to National League of Cities' Infor- mation Technology and Communications Committee: City Council Members congratu- lated Council Member Farber on her committee appointment. Motion by Roussell to receive and file the documents. Seconded by Resnick. Motion carried 7-0. 6. City of Dubuque Named a Best -in -Class Employer: Upon motion the documents were received and filed. 7. 2023 Federal Legislative Priorities: Upon motion the documents were received, filed, and approved. 8. Map of Iowa Population by County — 2021: Upon motion the documents were re- ceived and filed. 9. "How to Avoid Right of Way Violation Charges" Public Works Flyer: Upon motion the documents were received and filed. 10. Second Amendment to Grant Agree- ment between the City of Dubuque, Iowa and Dub Jones Real Estate, LLC for the Redevel- opment of 2900 Central Avenue: Upon motion the documents were received and filed, and Resolution No. 22-23 Approving the Second Amendment to Grant Agreement between the City of Dubuque, Iowa and Dub Jones Real Es- tate, LLC was adopted. RESOLUTION NO. 22-23 APPROVING THE SECOND AMENDMENT TO GRANT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DUB JONES REAL ESTATE, LLC Whereas, the City of Dubuque (City) and Dub Jones Real Estate, LLC (Grant Recipient) previously entered into a Grant Agreement dated September 21, 2021, as amended, for the redevelopment of 2900 Central Avenue in the City of Dubuque, Iowa (the Project); and Whereas, City and Grant Recipient desire to further amend the Grant Agreement as set forth in the [provided] Second Amendment to Grant Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Second Amendment to Grant Agreement between the City of Dubu- que, Iowa and Dub Jones Real Estate, LLC, a copy of which is [provided] hereto, is hereby approved. Section 2. That the Mayor is hereby author- ized and directed to execute the Second Amendment to Grant Agreement on behalf of the City of Dubuque and the City Clerk is au- thorized and directed to attest to his signature. Section 3. That the City Manager is author- ized to take such actions as are necessary to comply with the terms of the Second Amend- ment to Grant Agreement as herein approved. Passed, approved, and adopted this 6"' day of February, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 11. Amendment to Contracted Services Agreement — Greater Dubuque Development Corporation: Council Member Wethal an- nounced she would abstain from voting on this item due to herfather serving as President and CEO of Greater Dubuque Development Corpo- ration. Motion by Jones to receive and file and the documents and approve the agreement. Seconded by Sprank. Motion carried 6-0 with abstention from Wethal. 12. 2023 — Q1 Update on Childcare Chal- lenges and Collaborations: Upon motion the documents were received and filed. 13. Intent to Apply for Bloomberg Philan- thropies' Public Art Challenge: Upon motion the documents were received, filed, and ap- proved. 14. Water Main Extension to Tamarack Park (Phase 2) Amendment to change date of project completion: Upon motion the docu- ments were received, filed, and approved. 15. New Hazardous Materials Command Vehicle: Upon motion the documents were re- ceived and filed. 16. 2023 Asphalt Overlay Curb Ramp Pro- ject 1: Upon motion the documents were re- ceived, filed, and made a matter of record. Page 847 of 2498 Book 153 Regular Session, February 6, 2023 32 17. Mystique Ice Arena: Becker Arena Products - Dasher Board and Shielding System Project - Acceptance of Equipment, Goods, and Services Contract: Upon motion the docu- ments were received and filed, and Resolution No. 23-23 Accepting the Mystique Ice Arena Dasher Board and Shielding System Project and authorizing the payment to the vendor / service provider was adopted. RESOLUTION NO. 23-23 ACCEPTING THE MYSTIQUE ICE ARENA DASHER BOARD AND SHIELDING SYSTEM PROJECT AND AUTHORIZING THE PAY- MENT TO THE VENDOR / SERVICE PRO- VIDER Whereas, the Equipment, Goods, and Ser- vices Contract for the Mystique Ice Arena Dasher Board and Shielding System Project (the Project) has been completed by Becker Arena Products, Inc., (Vendor / Service Pro- vider), and the City Engineer has examined the work and recommends that the Project be ac- cepted; and Whereas, the final contract amount for the Project is $332,998.00; and Whereas, Becker Arena Products, Inc. has previously been paid $316,348.10, leaving a balance of $16,649.90; 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 Becker Arena Products, Inc. the balance of the retainage of $16,649.90 as provided in Iowa Code chapter 573, and to pay such retainage in accordance with the provi- sions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved, and adopted this 6th day of February 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 18. Mystique Ice Arena Construction Site Cleanup: Acceptance of Public Improvement Construction Contract: Upon motion the docu- ments were received and filed, and Resolution No. 24-23 Accepting the Mystique Ice Arena Construction Site Cleanup was adopted. RESOLUTION NO. 24-23 ACCEPTING THE MYSTIQUE ICE ARENA CONSTRUCTION SITE CLEANUP Whereas, the public improvement contract for the Mystique Ice Arena Construction Site Cleanup (the Project) has been completed by the Contractor, All Clear, 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 $23,830.96; and Whereas, the Contractor has previously been paid $22,639.41, leaving a balance of $1,191.55; 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 $1,191.55 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 6th day of February 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 19. Mechanical Electrical and Plumbing (MEP) Systems Assessment and Design Pro- ject — Request to Distribute a Request for Qual- ifications (RFQ) and Create an RFQ Review Committee: Upon motion the documents were received, filed, and approved. 20. Stoneman Road Right of Way Platting and Dedication - Hills and Dales Child Devel- opment Center property in Dubuque, Iowa as part of the Stoneman Road Reconstruction Project: Upon motion the documents were re- ceived and filed, and Resolution No. 25-23 Ap- proving the Acquisition Plat of Lot 2-2-1-2-1-2- 2-2-2-2-A of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 25-23 APPROVING THE ACQUISITION PLAT OF LOT 2-2-1-2-1-2-2-2-2-2-A OF THE NORTH- EAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 28, T89N, R2E OF THE 5T" P.M., IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, an Acquisition Plat dated January 10, 2023 pre- pared by the City of Dubuque Engineering De- partment describing Lot 2-2-1-2-1-2-2-2-2-2-A of the Northeast Quarter of the Northeast Quar- ter of Section 28, T89N, R2E of the 51h P.M., in the City of Dubuque, Iowa; and Page 848 of 2498 Book 153 Regular Session, February 6, 2023 33 Whereas, said plat conforms to the laws and statutes pertaining thereto; and Whereas, upon said plat appears Lot 2-2- 1-2-1-2-2-2-2-2-A, which Hills and Dales Child Development Center, by said plat has dedi- cated 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 January 10, 2023, prepared by the City of Dubuque Engi- neering 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 2-2-1- 2-1-2-2-2-2-2-A of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., in the City of Dubuque, Iowa, for street Right of Way and public 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 February, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 21. Acceptance of a Grant of Easement for Public Utilities over Hills and Dales Child De- velopment Center property in Dubuque, Iowa as part of the Stoneman Road Reconstruction Project: Upon motion the documents were re- ceived and filed, and Resolution No. 26-23 Ac- cepting a Grant of Easement for public utilities through, over and across part of Lot 2- 2-1-2-1- 2-2-2-2-2 of the Northeast Quarter of the North- east Quarter of Section 28, T89N, R2E of the 5m P.M., in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 26-23 ACCEPTING A GRANT OF EASEMENT FOR PUBLIC UTILITIES THROUGH, OVER AND ACROSS PART OF LOT 2-2-1-2-1-2-2-2-2-2 OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 28, T89N, R2E OF THE 5T" P.M., IN THE CITY OF DUBUQUE, IOWA Whereas, Hills and Dales Child Develop- ment Center has executed a Grant of Ease- ment for Public Utilities through, over and across part of Lot 2-2-1-2-1-2-2-2-2-2 of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., in the City of Dubuque, 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 Grant of Easement for Public Utilities through, over and across part of part of Lot 2-2-1-2-1-2-2-2-2-2 of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., in the City of Dubu- que, Iowa, as shown on the Grant of Easement for Public Utilities, from Hills and Dales Child Development Center, a copy of which is [pro- vided] 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 author- ized to and directed to record this resolution and Grant of Easement for Public Utilities with the Dubuque County Recorder. Passed, approved, and adopted this 6th day of February, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 22. Proceedings for final action on the Issu- ance of Not to Exceed $1,950,000, Sanitary Sewer Revenue Capital Loan Notes (State of Iowa — Water Quality Financing Program): Upon motion the documents were received and filed, and Resolution No. 27-23 Authorizing and providing for the issuance and securing the payment of $1,950,000 Taxable Sewer Reve- nue Capital Loan Notes, Series 2023A by the City of Dubuque, Iowa under the provisions of Chapter 384 of the Code of Iowa, providing for a method of payment thereof, approving the Loan and Disbursement Agreement and other related matters was adopted. RESOLUTION NO. 27-23 SERIES RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SE- CURING THE PAYMENT OF $1,950,000 TAXABLE SEWER REVENUE CAPITAL LOAN NOTES, SERIES 2023A BY THE CITY OF DUBUQUE, IOWA UNDER THE PROVI- SIONS OF CHAPTER 384 OF THE CODE OF IOWA, PROVIDING FOR A METHOD OF PAYMENT THEREOF, APPROVING THE LOAN AND DISBURSEMENT AGREEMENT AND OTHER RELATED MATTERS Whereas, the City Council of the City of Dubuque, Iowa (the "City") has heretofore es- tablished charges, rates and rentals for ser- vices which are and will continue to be col- lected as system revenues of the Municipal Sewer System, and said revenues are availa- ble for the payment of sewer revenue bonds or notes, subject to the following premises; and Page 849 of 2498 Book 153 Regular Session, February 6, 2023 34 Whereas, by Resolution No. 437-08 passed and approved on December 15, 2008 (the "Master Resolution"), the City Council heretofore authorized the issuance of $2,000,000 Taxable Sewer Revenue Capital Loan Notes, Series 2009A, for the purpose of financing the construction of the Series 2009A Project described therein, and to pay related costs of issuance; and Whereas, Issuer proposes to issue its Tax- able Sewer Revenue Capital Loan Notes, Se- ries 2023A, to the extent of $1,950,000, for the purpose of defraying the costs of the Series 2023A Projects as set forth in Section 1.1 of this Resolution; and, it is deemed necessary and advisable and in the best interests of the City that a form of Loan and Disbursement Agreement by and between the City and the Iowa Finance Authority, be approved and au- thorized; and Whereas, notice of the intention of the City Council to take action for the issuance of not to exceed $1,950,000 Taxable Sewer Revenue Capital Loan Notes (the "Series 2023A Notes") has heretofore been duly published and no ob- jections to such proposed action have been filed, and the City therefore deems it desirable to enter into a Loan and Disbursement Agree- ment and issue the Notes; and Whereas, Section 8.3 of the Master Reso- lution authorizes the issuance of additional Senior Bonds, including Senior SRF Bonds, by the City from time to time, if all of the conditions set forth therein are satisfied; and Whereas, for purposes of this issuance, the issuance of the Series 2023A Notes shall be deemed to be "Senior SRF Bonds" despite be- ing issued to the Iowa Finance Authority under the Water Quality Financing Program; and Whereas, the Council has determined to is- sue additional Senior SRF Bonds, and has de- termined that, upon passage of this Series Resolution all of the requirements of Article VIII of the Master Resolution with respect to the is- suance of additional Senior SRF Bonds will have been satisfied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IN THE COUNTY OF DUBUQUE, STATE OF IOWA: ARTICLE I - DEFINITIONS Section 1.1. Definitions. Except as other- wise provided below in this Article I, all words and terms defined in Article I of the Master Res- olution shall have the same meanings in this Series Resolution as such defined words and terms are given in Article I of the Master Reso- lution. In addition, the following terms shall have the following meanings in this Series Res- olution unless the text expressly or by neces- sary implication requires otherwise: Additional Bonds shall mean any sewer revenue bonds or notes or other obligations issued on a parity with the Notes in accordance with the provisions of Section 23 hereof. Provided, however, Additional Bonds which are SRF Obliga- tions shall not be secured by the Reserve Fund and shall not be subject to the Re- serve Fund Requirement. Agreement shall mean Loan and Disburse- ment Agreement dated as of the Closing between the City and the Original Pur- chaser relating to the Loan made to the City under the Program. City or Issuer shall mean the City of Dubu- que, Iowa. Closing shall mean the date of execution of the Agreement and delivery of the Series 2023A Notes to the Original Purchaser and the funding of the Loan. Loan shall mean the total principal amount allocated by the Original Purchaser to the City under the Program, equal in amount to the aggregate principal amount of the Series 2023A Notes. Master Resolution means the City Council Resolution No. 437-08, passed and ap- proved on December 15, 2008, entitled Master Resolution relating to the issu- ance of Sewer Revenue Bonds by the City of Dubuque, Iowa under the provi- sions of Chapter 384 of the Code of Iowa, authorizing and providing for the issu- ance and securing the payment of $2,000,000 Taxable Sewer Revenue Capital Loan Notes, Series 2009A, providing for a method of payment thereof, and related matters, as the same may be amended from time to time. Original Purchaser means the Iowa Fi- nance Authority, as the purchaser of the Series 2023A Notes from the City at the time of their original issuance. Program shall mean the Iowa Water Quality Financing Program administered by the Original Purchaser. Series 2023A Notes means the $1,950,000 Taxable Sewer Revenue Capital Loan Notes, Series 2023A, dated the date of delivery, authorized to be issued pursu- ant to this Series Resolution. Series 2023A Costs of Issuance Account means the account by that name within the Project Fund established in Section 5.1 of the Master Resolution. Series 2023A Projects shall mean the Pro- jects being financed with the proceeds of the Series 2023A Notes, consisting of costs of the acquisition, construction, re- construction, extending, remodeling, im- proving, repairing and equipping all or part of the Municipal Sewer Utility, includ- ing those costs associated with force main stabilization improvements, as de- scribed generally in the Agreement and Page 850 of 2498 Book 153 Regular Session, February 6, 2023 35 more particularly in the plans and specifi- cations on file from time to time with the City Clerk. Series 2023A Projects Account means the account by that name within the Project Fund established in Section 5.1 of the Master Resolution. Series Resolution means this Resolution of the Council. ARTICLE II - THE SERIES 2023A Notes Section 2.1. Series 2023A Notes - Authori- zation and Purpose. Pursuant to the provisions of the Master Resolution and in particular Sec- tion 8.3 thereof, there are hereby authorized to be issued, negotiable, serial, fully registered Taxable Sewer Revenue Capital Loan Notes, Series 2023A, in the aggregate principal amount of $1,950,000, dated the date of deliv- ery, for the purpose of constructing the Series 2023A Projects and paying Project Costs relat- ing thereto, and to pay related Costs of Issu- ance. The Series 2023A Notes shall be issued as Senior SRF Bonds under the terms of the Master Resolution, shall be designated "City of Dubuque, Iowa, Taxable Sewer Revenue Cap- ital Loan Notes, Series 2023A", for the purpose of paying costs of the Project. The Council, pur- suant to Sections 384.24A and 384.83 of the Code of Iowa, hereby finds and determines that it is necessary and advisable to issue said Notes authorized by the Agreement and this Resolution. The Series 2023A Notes and the Reg- istrar's Certificate of Authentication shall be in substantially the form set forth in Exhibit A [provided] hereto, with such variations, omissions, substitutions, and insertions as are required or permitted by this Series Resolution. The Series 2023A Notes shall be exe- cuted by the manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the City Clerk of the Council, and shall be fully registered as to both principal and interest as provided in this Series Resolution; principal, interest and premium, if any shall be payable at the office of the Paying Agent by mailing of a check, wire transfer or automated clearing house system transfer to the registered owner of the Series 2023A Notes. The Se- ries 2023A Notes may be in the denomina- tion of $1,000 or multiples thereof and shall at the request of the Original Purchaser be initially issued a single note numbered R-1 in the amount of $1,950,000. Taxable Sewer Revenue Capital Loan Notes, Series 2023A, of the Issuer in the amount of $1,950,000, shall be issued to evidence the obligations of the Issuer under the Agreement pursuant to the provisions of Sections 384.24A and 384.83 of the Code of Iowa for the aforesaid purpose. The Series 2023A Notes shall be desig- nated "Taxable Sewer Revenue Loan Note, Series 2023A", be dated the date of deliv- ery, and bear interest at the rate of 1.00% per annum from the date of each advance- ment made under the Agreement, until pay- ment thereof, at the office of the Paying Agent, said interest payable on June 1, 2023, and semi-annually thereafter on the 1st day of June and December in each year until maturity as set forth on the Debt Ser- vice Schedule [provided] to the Agreement as Exhibit A and incorporated herein by this reference. As set forth on said Debt Service Schedule, principal shall be payable on June 1, 2024 and annually thereafter on the 11t day of June in the amounts set forth therein until principal and interest are fully paid, except that the final installment of the entire balance of principal and interest, if not sooner paid, shall become due and payable on June 1, 2043. Notwithstanding the foregoing or any other provision hereof, principal and interest shall be payable as shown on said Debt Service Schedule until completion of the Project, at which time the final Debt Service Schedule shall be deter- mined by the Original Purchaser based upon actual advancements, final costs, and completion of the Project, all as provided in the administrative rules governing the Pro- gram. Payment of principal and interest on the Notes shall at all times conform to said Debt Service Schedule and the rules of the Program. In addition to the payment of principal of and interest on the Series 2023A Notes, the City also agrees to pay the origination fee as defined and in accordance with the terms of the Agreement. Section 2.2. Issuance of Series 2023A Notes in Certificated Form. The Series 2023A Notes shall be issued as Bonds in Authorized Denominations and may at the request of the Original Purchaser be issued in the denomina- tion of $1,000 or multiples thereof, or as a sin- gle Series 2023A Note in the full authorized amount thereof and shall be registered in the name of the Original Purchaser. Section 2.3. Appointment of Registrar. The Treasurer is hereby appointed as Registrar for the Series 2023A Notes under the terms of this Series Resolution. Section 2.4. Execution, Authentication and Delivery of the Series 2023A Notes. Upon the adoption of this Series Resolution, the Mayor and City Clerk shall execute and deliver the Se- ries 2023A Notes to the Registrar, who shall authenticate the same and deliver the same to or upon order of the Original Purchaser. No such Series 2023A Note shall be valid or oblig- atory for any purpose or shall be entitled to any right or benefit hereunder unless the Registrar Page 851 of 2498 Book 153 Regular Session, February 6, 2023 36 shall duly endorse and execute on such Series 2023A Note a Certificate of Authentication sub- stantially in the form of the Certificate herein set forth. Such Certificate upon any such Se- ries 2023A Note executed on behalf of the Is- suer shall be conclusive evidence that the Se- ries 2023A Note so authenticated has been duly issued under this Series Resolution and that the holder thereof is entitled to the benefits of this Series Resolution. ARTICLE III - REDEMPTION OF BONDS Section 3.1. Optional Redemption. The Se- ries 2023A Notes are subject to optional re- demption at a price of par plus accrued interest (i) on any interest payment date after the ten (10) year anniversary of the Agreement or (ii) in the event that all or substantially all of the Series 2023A Projects are damaged or de- stroyed. Any optional redemption of the Series 2023A Notes may be made from any funds re- gardless of source, in whole or from time to time in part, in inverse order of maturity, by giv- ing not less than thirty (30) days' notice of re- demption by certified or registered mail to the Original Purchaser (or any other registered owner of the Series 2023A Notes). The terms of redemption shall be par, plus accrued inter- est to date of call. The Series 2023A Notes are also subject to mandatory redemption as set forth in Section 6 of the Agreement. ARTICLE IV - DELIVERY AND APPLICATION OF PROCEEDS Section 4.1. Application of Series 2023A Note Proceeds. The Series 2023A Notes shall be delivered as provided in Sections 6.1 and 6.2 and the proceeds thereof shall be applied as follows: (i) An amount sufficient to pay the Costs of Issuance of the Series 2023A Notes shall be deposited into the Series 2023A Costs of Issuance Account. (ii) The balance of proceeds shall be de- posited into the Series 2023A Projects Account of the Project Fund and ap- plied thereafter to pay Project Costs of the Series 2023A Projects. Section 4.2. No Adjustment to Debt Service Reserve Requirement. The Series 2023A Notes shall be issued as Senior SRF Bonds under the Master Resolution and shall not be secured by or payable from amounts held in the Debt Service Reserve Fund established in the Master Resolution. Upon issuance of the Series 2023A Notes, the amount to be accu- mulated and maintained in the Debt Service Reserve Fund, if any, shall not be increased, but shall continue to remain equal to 100% of the Debt Service Reserve Requirement com- puted on a basis which includes all Senior Bonds which will be Outstanding immediately after issuance of the Series 2023A Notes and which are not Senior SRF Bonds. ARTICLE V - TAX PROVISIONS Section 5.1. Taxable Note. The interest on the Series 2023A Notes is not excluded from gross income for federal income tax purposes under Section 103(a) of the Internal Revenue Code of 1986, as amended. The holders of the series 2023A notes should treat the interest thereon as subject to federal income taxation. ARTICLE VI - MISCELLANEOUS PROVI- SIONS Section 6.1. Delivery of Series 2023A Notes. The City shall deliver the executed Agreement and the Series 2023A Note to the Original Purchaser at the price of par on the date of Closing. Delivery of the executed Agreement and the Series 2023A Notes shall be made to the Original Purchaser as soon as practicable after the effective date of this Se- ries Resolution. Section 6.2. Approval of Agreement. The Agreement in substantially the form presented at this meeting of the Council is hereby author- ized and approved, and the Mayor and City Clerk are authorized to execute and deliver the Agreement, with such changes therein as such officials deem appropriate, for and on behalf of the City, such officers' signatures thereon be- ing conclusive evidence of such officials' and the City's approval thereof. Section 6.3. General Authorization. From and after the date of adoption of this Series Resolution, the officers, employees, and agents of the City are hereby authorized to do all such acts and things and to execute and de- liver any and all other documents, agreements, certificates, and instruments relating to the Se- ries 2023A Notes, the investment of the pro- ceeds thereof and the other transactions con- templated on the part of the City by this Series Resolution. Section 6.4. Construction. Except to the ex- tent set forth herein, all of the applicable terms, conditions, and provisions of the Master Reso- lution, as applicable to Senior SRF Bonds, shall be deemed and construed to apply to the Series 2023A Notes and are hereby incorpo- rated by reference and made a part hereof to the same extent as if fully set forth herein. Ex- cept as may otherwise be provided herein, the Master Resolution shall remain in full force and effect. Section 6.5. Severability. If any section, paragraph, or provision of this Series Resolu- tion shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions. Section 6.6. Repeal of Conflicting Ordi- nances or Resolutions and Effective Date. All other ordinances, resolutions and orders, or parts thereof, in conflict with the provisions of this Series Resolution are, to the extent of such conflict, hereby repealed; and this Series Page 852 of 2498 Book 153 Regular Session, February 6, 2023 37 Resolution shall be in effect from and after its adoption. Passed, and approved this 6th day of Feb- ruary, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 23. Proposed Dark Fiber Licensing Author- ity for Interstate Power & Light/Alliant Energy: Upon motion the documents were received, filed, and approved. 24. Temporary Agreement Between the City of Dubuque and ITC Midwest, LLC to Op- erate an Electric Transmission System in the City of Dubuque: Upon motion the documents were received and filed, and Resolution No. 28-23 Approving an Agreement between the City of Dubuque and ITC Midwest, LLC to op- erate an Electric Transmission System in the City of Dubuque was adopted. RESOLUTION NO. 28-23 APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE AND ITC MID - WEST, LLC TO OPERATE AN ELECTRIC TRANSMISSION SYSTEM IN THE CITY OF DUBUQUE Whereas, the City of Dubuque, Iowa (City) and ITC Midwest, LLC (ITC Midwest) have ten- tatively entered into an Agreement for the op- eration of an electric transmission system in the City of Dubuque until such time as City and ITC Midwest finalize a franchise agreement to operate the system; and Whereas, the City Council finds that it is in the best interests of the City of Dubuque to ap- prove the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The [provided] Agreement is hereby approved. Section 2. The City Manager is authorized and directed to sign the Agreement on behalf of the City of Dubuque. Passed, approved, and adopted this 6th day of February, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 25. Award of Calendar Year 2023 Family Self Sufficiency Coordinator Grant: Upon mo- tion the documents were received and filed, and Resolution No. 29-23 Authorizing the Di- rector of Housing and Community Develop- ment to execute the Acceptance of the Notice of Award for the HUD Family Self -Sufficiency Program Grant was adopted. RESOLUTION NO. 29-23 AUTHORIZING THE DIRECTOR OF HOUS- ING AND COMMUNITY DEVELOPMENT TO EXECUTE THE ACCEPTANCE OF THE NO- TICE OF AWARD FOR THE HUD FAMILY SELF-SUFFICIENCY PROGRAM GRANT Whereas, the U.S. Department of Housing and Urban Development has published a No- tice of Funding Availability (NOFA) for the Fam- ily Self -Sufficiency Program to be utilized for the salaries of program coordinators combining the funding for the FSS coordinators that serve Housing Choice Voucher (HCV) participants and/or Public Housing (PH) participants for Calendar Year 2023; and Whereas, the City of Dubuque has admin- istered Project Self -Sufficiency since Septem- ber 1987 that became the Family Self -Suffi- ciency (FSS) Program in July 1994; and Whereas, the City of Dubuque has received funding for an FSS coordinator continuously from 1994 thru 2019, 2021 and 2022, and Whereas, the City of Dubuque proposes to continue administering the FSS program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1: That the Director of Housing and Community Development is hereby authorized and directed to execute the Notice of Award (HUD Form 1044) for the HUD FSS program grant. Section 2: That the Director of Housing & Community Development is hereby authorized and directed to forward said grant award and resulting standard executed contract to the re- spective agencies in a timely fashion and as re- quired by the U. S. Department of Housing and Urban Development. Passed, approved, and adopted this 61h day of February 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 26. Adoption of Supplement Number 2023 S-9 to the City of Dubuque Code of Ordi- nances: Upon motion the documents were re- ceived and filed, and Resolution No. 30-23 Adopting Supplement No. 2023 S-9 to the Code of Ordinances of the City of Dubuque, Iowa was adopted. RESOLUTION NO. 30-23 ADOPTING SUPPLEMENT NO. 2023 S-9 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance No. 43- 09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its entirety; and Whereas, since August 17, 2009, the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Ordinance; and Page 853 of 2498 Book 153 Regular Session, February 6, 2023 38 Whereas, Section 380.8 of the Code of Iowa provides that supplements, by resolution, become part of the Code of Ordinance; 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-9 to the City of Dubuque Code of Ordinances, which codifies Ordinance Nos. 33-22 through 47-22 as approved by the City Council through December 19, 2022, 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 February 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 27. Proclamation Guidelines Public Infor- mation Brochure: Upon motion the documents were received and filed. 28. Approval of Retail Alcohol Licenses: Upon motion the documents were received and filed, and Resolution No. 31-23 Approving ap- plications for retail alcohol licenses, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 31-23 APPROVING APPLICATIONS FOR RETAIL ALCOHOL LICENSES, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDI- NANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CON- TROL, ARTICLE B LIQUOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for retail alcohol li- censes have been submitted and filed with the City Council for approval, and the same have been examined, provisionally approved, and/or approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City, and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Clerk is hereby author- ized and directed to cause to be issued the noted license types to the following applicants pending submission of the locally required doc- umentation: New Applications Bread and Vine, 168 East 10th St. Dubuque Religious Center, 923 Main St. El Paisano, 1543 Central Ave Jacks Place, 1113 Main St. Voices Studio, 1585 Central Ave. Building 1 Renewals Classy and Chic Boutique, 1065 Jackson St. Suite 200 Fareway Stores, Inc. 114, 2050 John F. Ken- nedy Blvd. Hy-Vee 3, 400 Locust St. Kwik Stop Food Mart, 2360 Central Ave. Lina's Thai Bistro, 2055 Holliday Dr. #200 Panchero's Mexican Grill, 4840 Asbury Rd. Special Event(s) per Special Event Application Submittal Camp Albrecht Acres Foundation 2-23-23 to 3-27-23, 500 Bell St. Exhibit Hall A & B Passed, approved, and adopted this 6th day of February 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk ITEMS SET FOR PUBLIC HEARING 1. Set Public Hearing for Resolution Estab- lishing Maximum Property Tax Dollars for Fis- cal Year 2024: Motion by Roussell to receive and file the documents, listen to the presenta- tion, and set the maximum property tax rate. Seconded by Wethal. City Manager Van Milli- gen summarized his recommendation for the Fiscal Year 2024 maximum property tax dol- lars. Responding to a question from the City Council, City Manager Van Milligen stated that a main difference in this year's recommenda- tion is the wage increases he is recommending for employees in alignment with City Council's priority of employee recruitment and retention. Chief Financial Officer Jenny Larson and City Attorney Brumwell confirmed that proposed rate increases should be specified in total dol- lar amount per guidance by the Iowa Depart- ment of Management. The City Council and City Manager Van Milligen discussed the City Council's approach in the previous year of in- creasing the maximum property tax dollars prior to the public hearing but not adopting the full increase in the budget. City Manager Van Milligen also summarized the State of Iowa's error in the state rollback factor, which will re- sult in less money for local governments to cor- rect the error. City Manager Van Milligen stated that the Fiscal Year 2024 recommended budget incorporates the City's anticipated re- duction from the rollback. City Council Mem- bers discussed the various options for the max- imum property tax dollars. City Attorney Brum- well confirmed that any increase above 2% would require a super majority vote to pass and advised that changing the maximum property tax dollars be a motion to amend the budget Page 854 of 2498 Book 153 Regular Session, February 6, 2023 39 year total tax levy. Responding to a question from the City Manager, Ms. Larson stated that the total tax levy listed in the memos includes the service levy. Motion amended by Farber to increase the recommended levy by $225,000. Seconded by Roussell. Motion carried 5-2 with Resnick and Cavanagh voting nay. The City Council then returned to the origi- nal motion, which carried 7-0. Motion by Jones to receive and file the doc- uments, adopt Resolution No. 32-23 Setting a Public Hearing on the Fiscal Year 2024 Maxi- mum Property Tax Dollars for the affected tax levy total, and set the public hearing for Febru- ary 20, 2023. Seconded by Sprank. Motion car- ried 7-0. RESOLUTION NO. 32-23 SETTING A PUBLIC HEARING ON THE FIS- CAL YEAR 2024 MAXIMUM PROPERTY TAX DOLLARS FOR THE AFFECTED TAX LEVY TOTAL Whereas, pursuant to State of Iowa SF634, the City of Dubuque is required to hold a public hearing to consider the proposed Fiscal Year 2024 city maximum property tax dollars for the affected levy total; and Whereas, the notice of hearing must be published not less than 10 days and not more than 20 days prior to the date of the hearing; and Whereas, at said hearing, the City Council is required to pass a resolution adopting the fis- cal year maximum property tax dollars for the affected levy total. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA THAT: Section 1. The Dubuque City Council will conduct a public hearing on February 20, 2023 at 6:30 p.m. at City Council Chambers, 350 W 6th St. and virtually. Section 2. The Chief Financial Officer is hereby directed to prepare a Resolution of Maximum Property Tax Dollars for the Affected Tax Levy Total with the required information pursuant to SF634. Section 3. The City Clerk is hereby directed to publish the notice of public hearing pursuant to SF634. Passed, adopted, and approved this 6th day of February 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk For the remaining items set for public hear- ing, motion by Roussell to receive and file the documents, adopt the resolutions, and set the public hearings as indicated. Seconded by Jones. Motion carried 7-0. 2. Resolution Setting a Public Hearing on a Proposed Development Agreement by and between the City of Dubuque and Seippel Warehouse, LLC providing for the Sale of City - owned Real Estate to Seippel Warehouse, LLC and the Issuance of Urban Renewal Tax Incre- ment Revenue Grant Obligations Pursuant to the Development Agreement: Upon motion the documents were received and filed and Reso- lution No. 33-23 Intent to dispose of an interest in City of Dubuque real estate by sale to Seip- pel Warehouse, LLC pursuant to a Develop- ment Agreement by and between the City of Dubuque and Seippel Warehouse, LLC and fix- ing the date for a public hearing of the City Council of the City of Dubuque, Iowa on the De- velopment Agreement including the proposed issuance of Urban Renewal Tax Increment Revenue Grant Obligations to Seippel Ware- house, LLC 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 February 20, 2023, in the Historic Fed- eral Building. RESOLUTION NO. 33-23 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE BY SALE TO SEIPPEL WAREHOUSE, LLC PURSUANT TO A DEVELOPMENT AGREE- MENT BY AND BETWEEN THE CITY OF DUBUQUE AND SEIPPEL WAREHOUSE, LLC AND FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON THE DEVEL- OPMENT AGREEMENT INCLUDING THE PROPOSED ISSUANCE OF URBAN RE- NEWAL TAX INCREMENT REVENUE GRANT OBLIGATIONS TO SEIPPEL WARE- HOUSE, LLC AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) is the owner of the following described real property: Lot 2 of Dubuque Industrial Center South First Addition, City of Dubuque, Iowa (the Property); and Whereas, City and Seippel Warehouse, LLC have entered into a Development Agree- ment, subject to the approval of the City Coun- cil, pursuant to which City will convey the Prop- erty to Seippel Warehouse, LLC, which will construct on the Property certain Improve- ments described in the Development Agree- ment; and Whereas, the City Council has tentatively determined that it would be in the best interests of City to approve the Development Agree- ment, including the conveyance of the Property to Seippel Warehouse, LLC; and Whereas, the Development Agreement provides for the issuance by City of economic development grants to Seippel Warehouse, LLC, referred to therein as Urban Renewal Tax Increment Revenue Grant Obligations, Page 855 of 2498 Book 153 Regular Session, February 6, 2023 40 payable from the tax increment revenues col- lected in respect of the Improvements to be constructed by Seippel Warehouse, LLC in ac- cordance 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 meet- ing at which the City Council proposes to take action thereon and at which meeting the City Council shall receive oral and/or written objec- tions 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 of Dubuque intends to dispose of its interest in the foregoing -de- scribed Property by Deed to Seippel Ware- house, LLC pursuant to the proposed Develop- ment Agreement. Section 2. The City Clerk is hereby author- ized 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 -de- scribed Property, to be held on the 20th day of February, 2023 at 6:30 p.m. in the form [pro- vided] hereto. Section 3. The City Council will also meet at said time and place for the purpose of taking action on the matter of authorizing Urban Re- newal Tax Increment Revenue obligations and the execution of the Development Agreement relating thereto with Seippel Warehouse, LLC, the proceeds of which obligations will be used to carry out certain of the special financing ac- tivities described in the Urban Renewal Plan for the Dubuque Industrial Center Economic De- velopment District, consisting of the funding of economic development grants to Seippel Warehouse, LLC, 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 obligations will be approximately $4,348,046. Section 4. 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, pub- lished 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 dis- posal of the City's interest in the Property and the issuance of said obligations. Section 5. That the notice of the proposed action shall be in substantially the form [pro- vided] hereto. Passed, approved, and adopted this 61h day of February, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Setting a Public Hearing for the Adoption of the Public Housing Authority Annual Plan for Fiscal Year 2024: Upon motion the documents were received and filed and Resolution No. 34- 23 Setting a public hearing to review and ap- prove the Public Housing Authority Fiscal Year 2024 Annual Plan was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on April 3, 2023, in the Historic Federal Building. RESOLUTION NO. 34-23 SETTING A PUBLIC HEARING TO REVIEW AND APPROVE THE PUBLIC HOUSING AU- THORITY FISCAL YEAR 2024 ANNUAL PLAN Whereas, the City of Dubuque is desig- nated as a Public Housing Authority; and Whereas, the City of Dubuque maintains a creates a Public Housing Authority Annual Plan each fiscal year; and Whereas, the Housing Commission held a public meeting to review the Annual Plan on January 31, 2023; and Whereas, the City desires to hold a public hearing to receive comment on the proposed Public Housing Authority Fiscal Year 2024 An- nual plan. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the City Council will meet in the Historic Federal Building, Council Cham- bers, 2"d Floor, 350 West 6th Street, Dubuque, Iowa at 6:30 p.m. on April 3, 2023, for the pur- pose of holding a public hearing and taking ac- tion to approve the Public Housing Authority Fiscal Year 2024 Annual Action Plan. Section 2. That the City Clerk is hereby au- thorized and directed to publish a notice of such public hearing and the City Council's in- tent to review and approve the Public Housing Authority Fiscal Year 2024 Annual Plan. Passed, approved, and adopted this 6th day of February 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk BOARDS/COMMISSIONS Applications were reviewed for the follow- ing Boards and Commissions. Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. Page 856 of 2498 Book 153 Regular Session, February 6, 2023 41 1. Zoning Board of Adjustments: One, 5- Year term through March 25, 2027 (Vacant term of Golombeski). Applicant: Rena Stier - man, 390 Moore Heights. This commission is subject to the State of Iowa Gender Balance Law, §69.16A. 5 Commissioners total; cur- rently 3 males/1 female/ 1 opening. City Clerk Breitfelder stated that Ms. Stierman submitted written input to the City Council in support of her application. Appointments were made to the following boards/commissions. 1. Civic Center Advisory Commission: One, 3-Year term through June 29, 2024 (Vacant term of Daugherty). Applicants: Jesse Gavin, 1120 Main St.; Peter Gaul, 2311 Central Ave.; Danielle Jacobs, 3130 Shiras Ave. Upon roll call vote, Mr. Gavin was appointed to the three- year term through June 29, 2024. Mr. Gaul re- ceived one vote (Resnick), Ms. Jacobs re- ceived two votes (Sprank and Cavanagh), and Mr. Gavin received the remaining four votes. 2. Community Development Advisory Com- mission: Two, 3-Year terms through February 15, 2026 (Expiring Low/Moderate Income term of Fox and At -Large term of Mozena). Appli- cants: Kelly Fox, 838 Althauser St. - Qualifies as Low/Moderate Income Rep. and At -Large; Gabriel Mozena, 196 Bluff St. - Qualifies as At - Large. Motion by Jones to appoint Ms. Fox to the Low/Moderate Income three-year term through February 15, 2026, and Mr. Mozena to the At -Large three-year term through February 15, 2026. Seconded by Sprank. Motion carried 7-0. 3. Housing Commission: Two, 3-Year terms through August 17, 2024 (Vacant At - Large term of Weitz and Vacant Section 8 Term of Turpin). Applicants: Ross Janes, 2741 Muscatine St. - Qualifies as At -Large; Calvin Jones, 522 Rhomberg Ave. - Qualifies as At - Large and Section 8 Rep. (Additional Appli- cant); Julietta Scott, 2455 Woodlawn St. - Qualifies as At -Large (Additional Applicant). Upon roll call vote, Mr. Jones was appointed to the Section 8 three-year term through August 17, 2024, and Mr. Janes was appointed to the At -Large three-year term through August 17, 2024. Mr. Jones received all seven votes for the Section 8 term. Regarding the At -Large term, Ms. Scott received three votes (Sprank, Wethal, Resnick), and Mr. Janes received the remaining four votes. PUBLIC HEARINGS 1. Resolution of Adoption for the Proposed Urban Renewal Plan for the Twin Valley Urban Renewal Area: Motion by Jones to receive and file the documents and adopt Resolution No. 35-23 Approving an Urban Renewal Plan for the Twin Valley Urban Renewal Area. Se- conded by Resnick. Motion carried 7-0. RESOLUTION NO. 35-23 APPROVING AN URBAN RENEWAL PLAN FOR THE TWIN VALLEY URBAN RENEWAL AREA Whereas, by Resolution 393-22 on Decem- ber 19, 2022, the City Council of the City of Dubuque, Iowa authorized the preparation of an Urban Renewal Plan for the Twin Valley Ur- ban Renewal Area (the "District"); and Whereas, the City of Dubuque's primary objective for the Urban Renewal Plan is to pro- vide opportunities which will further economic development purposes and objectives in the District; and Whereas, a consultation process has been undertaken with affected taxing entities in ac- cordance with Chapter 403 of the Code of Iowa with no written objections or recommended changes to the Urban Renewal Plan received; and Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public hearing on the proposed Urban Re- newal Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Urban Renewal Plan for the Twin Valley Urban Renewal Area, on file in the City Clerk's Office and made reference to herein, is hereby approved. Section 2. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and di- rected to file a certified copy of this Resolution in the office of the Dubuque County Auditor. Passed, approved, and adopted this 61' day of February, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Resolution Approving a Proposed Devel- opment Agreement by and between the City of Dubuque, Iowa, and Switch Development, LLC for the Issuance of Urban Renewal Tax Incre- ment Revenue Grant Obligations Pursuant to the Development Agreement: Motion by Rous- sell to receive and file the documents and adopt Resolution No. 36-23 Approving a Devel- opment Agreement by and between the City of Dubuque and Switch Development, LLC, in- cluding the issuance of Urban Renewal Tax In- crement Revenue Grant Obligations to Switch Development, LLC. Seconded by Farber. Mo- tion carried 7-0. Page 857 of 2498 Book 153 Regular Session, February 6, 2023 42 RESOLUTION NO. 36-23 APPROVING A DEVELOPMENT AGREE- MENT BY AND BETWEEN THE CITY OF DUBUQUE AND SWITCH DEVELOPMENT, LLC, INCLUDING THE ISSUANCE OF UR- BAN RENEWAL TAX INCREMENT REVE- NUE GRANT OBLIGATIONS TO SWITCH DEVELOPMENT, LLC Whereas, Switch Development, LLC, as Developer, is the owner of the following de- scribed real property: Lot 2 of Switch Development at JFK No. 1, in the City of Dubuque, Iowa, accord- ing to the recorded Plat thereof accord- ing to the Plat recorded as Instrument No. 2021-15183, records of Dubuque County, Iowa (the Property); and Whereas, the City Council, by Resolution No. 18-23, dated January 17, 2023, declared its intent to enter into a Development Agree- ment by and between the City of Dubuque and Switch Development, LLC, including the issu- ance of Urban Renewal Tax Increment Reve- nue Obligations; and Whereas, pursuant to published notice, a public hearing was held on the proposed De- velopment Agreement on February 6, 2023 at 6:30 p.m.; and Whereas, it is the determination of the City Council that approval of the Development Agreement for development of the Property by Switch Development, LLC, according to the terms and conditions set out in the Develop- ment Agreement, including the issuance of Ur- ban Renewal Tax Increment Revenue Obliga- tions, 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 Development Agree- ment by and between the City of Dubuque and Switch Development, LLC, a copy of which is [provided] hereto, including the issuance of Ur- ban Renewal Tax Increment Revenue Obliga- tions, is hereby approved. Section 2. That the Mayor is hereby author- ized and directed to execute the Development Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is author- ized to take such actions as are necessary to comply with the terms of the Development Agreement as herein approved. Passed, approved, and adopted this 6th day of February, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk PUBLIC INPUT Regarding Action Item No. 3, Rob McDon- ald, 3399 Eagle Point Dr.; Tom Kedzie, 1810 Amelia Dr.; and Neil Henson, 350 W. 6th St. No. 11, spoke in opposition to automated speed cameras. Paul Uzel, 61 N. Algona, spoke in support of Action Item No. 3. Ryan Sempf of the Dubuque Area Chamber of Commerce, 300 Main St., requested the City Council delay Action Item No. 3 so the organization can ob- tain feedback on the proposal from the busi- ness community. City Clerk Breitfelder stated that written in- put was received regarding Action Item No. 3 from the following individuals: Paul Kern; Terry Mozena, 196 Bluff St.; Frank Belcastro; Paul Hemmer, 2375 Simpson St.; Tim and Amanda Powers, 255 Southgate Dr.; Rob McDonald; Jamie Carr, 945 Clarke Dr.; Keith Wolff, 3188 Highland Park Dr.; and Randy Hefel. ACTION ITEMS 1. Dubuque Police Department Awards and Recognition Program: Motion by Jones to re- ceive and file the documents and listen to the presentation. Seconded by Sprank. Police Chief Jeremy Jensen introduced Police Lieu- tenant Brendan Welsh, who made a presenta- tion on the Dubuque Police Department Awards and Recognition Program. City Council Members commended the recognition program as an important opportunity to recognize police officers. Motion carried 7-0. 2. 2022 Police Recruiting, Hiring, and Re- tention: Motion by Jones to receive and file the documents and listen to the presentation. Se- conded by Farber. Police Chief Jensen pro- vided information on police department recruit- ing, hiring, and retention. Responding to ques- tions from the City Council, Chief Jensen stated that he anticipates five upcoming retire- ments and that many challenges exist to the job that need to be addressed. City Council Members discussed the value of police officers and the importance of retention. Motion carried 7-0. 3. Automated Speed Cameras: Motion by Jones to receive and file the documents, listen to the presentation, and approve implementing automated speed cameras in the City of Dubu- que. Seconded by Sprank. Police Chief Jensen made a presentation on automated speed cameras. Chief Jensen then introduced Dorian Grubaugh of Jenoptik who made a presenta- tion on the technology of automated speed cameras. Responding to questions from the City Council, Chief Jensen summarized the process that occurs after fatal crashes, that public input would be incorporated in the Page 858 of 2498 Book 153 Regular Session, February 6, 2023 43 automated speed camera implementation pro- cess, and that various reporting options will be considered. Chief Jensen further stated that ra- dar technology is a limited tool since it cannot cover all traffic lanes. Responding to a question regarding the Iowa legislature's previous inter- pretations on automated speed cameras and alternative measures to them, Chief Jensen stated he interprets police officers as an alter- native measure to speed cameras. Respond- ing to questions, Mr. Grubaugh stated that a revenue threshold for automated speed cam- eras does not exist, that the goal of automated speed cameras is about achieving the best value, that there is no minimum number of cameras required, and that the technology only registers license plates of vehicles classified as speeding. Mr. Grubaugh further stated that the average contact for automated speed cameras is five years, followed by automatic one-year renewals, and that contract language exists to address if automated speed cameras become illegal via state legislation. Responding to a question from the City Council, City Manager Van Milligen stated that tonight's recommenda- tion is for City Council to continue the imple- mentation process. Per that process, an ordi- nance would be drafted for the next City Coun- cil meeting, with City Council Members deter- mining what requirements to include in the or- dinance. After the ordinance follows the three - meeting procedure and is adopted, the City will issue a request for proposal (RFP) for the au- tomated speed cameras. City Council Mem- bers discussed at length the importance of safety, the revenue collected from issuing tick- ets, and the process for considering this rec- ommendation, with some City Council Mem- bers stating that additional time and more spe- cific details to the recommendation were nec- essary. Motion carried 5-2 with Wethal and Resnick voting nay. 4. Teri Goodmann Appointment to National Capital Planning Commission: Motion by Far- ber to receive and file the documents. Se- conded by Roussell. Motion carried 7-0. 5. Tax Increment Ordinance for the Twin Valley Urban Renewal Area: Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be con- sidered and voted on for passage at two Coun- cil meetings prior to the meeting at which it is to be passed be suspended. Seconded by Roussell. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 4-23 Providing that general property taxes levied and collected each year on all property located within the Twin Valley Urban Renewal Area of the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies ad- vanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with the Twin Valley Urban Re- newal Area Redevelopment Project. Seconded by Roussell. Motion carried 7-0. ORDINANCE NO. 4-23 PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE TWIN VALLEY URBAN RE- NEWAL AREA OF THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF DUBUQUE, COUNTY OF DUBUQUE, DUBUQUE COMMUNITY SCHOOL DISTRICT, AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTER- EST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH THE TWIN VALLEY URBAN RENEWAL AREA REDEVELOPMENT PROJECT Whereas, the City Council of the City of Dubuque, Iowa, after public notice and hearing as prescribed by law and pursuant to Resolu- tion No. 35-23 adopted on February 6, 2023, adopted an Urban Renewal Plan for an urban renewal area known as the Twin Valley Urban Renewal Area (the "Project Area"), which Pro- ject Area includes the lots and parcels de- scribed in said Urban Renewal Plan; and Whereas, expenditures and indebtedness are anticipated to be incurred in the future to finance urban renewal project activities carried out in furtherance of the foregoing Urban Re- newal Plan; and Whereas, the City Council desires to pro- vide for the division of revenue from taxation in the Project Area in accordance with the provi- sions of Section 403.19 of the Code of Iowa, as amended; and Whereas, the following enactment is nec- essary to accomplish the objectives described in the premises. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Section 1: For purposes of this Ordinance, the following terms shall have the following meanings: (a) Project Area shall mean that portion of the City of Dubuque, Iowa described in the Urban Renewal Plan for the Twin Valley Urban Renewal Area approved by Resolu- tion No. 35-23 on February 6, 2023, which Project Area includes the lots and parcels Page 859 of 2498 Book 153 Regular Session, February 6, 2023 44 located within the area now legally de- scribed as follows: Lot 2 of Southpark Addition No. 1, in the City of Dubuque Iowa; and All of the right of way of Southpark Court as shown on the Final Plat of Southpark Addition No. 1, in the City of Dubuque Iowa; and Lot 2-3-3 of Southpark Addition No. 1, in the City of Dubuque Iowa; and Lot 1 of Southpark Addition No. 2, in the City of Dubuque Iowa; and Lot 2 of Southpark Addition No. 2, in the City of Dubuque Iowa; and Lot 1 and Lot 2 of Gudenkauf Place, in the City of Dubuque Iowa; and All of the right of way of Twin Valley Drive lying between the southerly extension of the easterly line of Lot 1-3 of Southpark Addition No. 1 and the southerly extension of the east- erly line of Lot 2 of Southpark Sta- tion No. 2, in the City of Dubuque, Iowa. All in the City of Dubuque, Dubuque County, Iowa Section 2: The taxes levied on the taxable property in the Project Area, legally described in Section 1 hereof, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School Dis- trict, and all other taxing districts from and after the effective date of this Ordinance shall be di- vided as hereinafter in this Ordinance provided. Section 3: That portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts taxing property in the Project Area upon the total sum of the assessed value of the taxable property in the Project Area, as shown on the assessment roll as of January 1 of the calendar year preceding the first calendar year in which the City of Dubuque certifies to the County Auditor the amount of loans, advances, indebtedness, or bonds payable from the divi- sion of property tax revenue described herein, shall be allocated to and when collected be paid into the fund for the respective taxing dis- trict as taxes by or for said taxing district into which all other property taxes are paid. The taxes so determined shall be referred herein as the "base period taxes" for such Project Area. Section 4: That portion of the taxes each year in excess of the base period taxes for the Project Area, determined as provided in Sec- tion 3 of this Ordinance, shall be allocated to and when collected be paid into a special tax increment fund hereby established by the City of Dubuque to pay the principal of and interest on loans, monies advanced to, or indebted- ness, whether funded, refunded, assumed or otherwise, including bonds issued under au- thority of Section 403.9 or Section 403.12 of the Code of Iowa, incurred by the City of Dubu- que, Iowa to finance or refinance, in whole or in part, urban renewal projects undertaken within the Project Area pursuant to the Urban Renewal Plan, except that taxes for the regular and voter -approved physical plant and equip- ment levy of a school district imposed pursuant to Section 298.2 and taxes for the instructional support program of a school district imposed pursuant to Section 257.19, but only to the ex- tent authorized in Section 403.19(2), and taxes for the payment of bonds and interest of each taxing district and any other tax levy exceptions under Section 403.19 shall be collected against all taxable property within the Project Area without any limitation as hereinabove provided. Section 5: Unless or until the total assessed valuation of the taxable property in the Project Area exceeds the total assessed value of the taxable property in said area as shown by the assessment roll referred to in Section 3 of this Ordinance, all of the taxes levied and collected upon the taxable property in the Project Area shall be paid into the funds for the respective taxing districts as taxes by or for the taxing dis- tricts in the same manner as all other property taxes. Section 6: At such time as the loans, mon- ies advanced, bonds and interest thereon and indebtedness of the City of Dubuque referred to in Section 4 hereof have been paid, all mon- ies thereafter received from taxes upon the tax- able property in the Project Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other prop- erty. Section 7. All ordinances or parts of ordi- nances in conflict with the provisions of this Or- dinance are hereby repealed. The provisions of this Ordinance are intended and shall be con- strued so as to fully implement the provisions of Section 403.19 of the Code of Iowa, as amended, with respect to the division of taxes from property within the Project Area as de- scribed above. In the event that any provision of this Ordinance shall be determined to be contrary to law, it shall not affect other provi- sions or application of this Ordinance which shall at all times be construed to fully invoke the provisions of Section 403.19 of the Code of Iowa with reference to the Project Area and the territory contained therein. Section 8: This Ordinance shall be in effect after its final passage, approval and publication as provided by law. Passed and approved this 6th day of Febru- ary, 2023. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 10"' day of February, 2023. /s/Adrienne N. Breitfelder, City Clerk Page 860 of 2498 Book 153 Regular Session, February 6, 2023 45 6. National Endowment for the Arts (NEA) Local Arts Agency (LAA) American Rescue Plan Act (ARPA) Arts Operating Recovery Subgrant Funding Recommendation: Motion by Resnick to receive and file the documents and approve the funding recommendation from the Arts & Cultural Affairs Advisory Commis- sion (Arts Commission) for awards to non-profit organizations through the NEA LAA ARPA- funded Arts Operating Recovery Subgrant pro- gram. Seconded by Sprank. Arts and Cultural Affairs Manager Jenni Petersen -Brant summa- rized the program. Motion carried 7-0. 7. Application Guidelines for the Creative Empowerment Subgranting Program funded by the National Endowment for the Arts Ameri- can Rescue Plan Act: Motion by Resnick to re- ceive and file the documents and approve the Creative Empowerment subgranting program administration materials. Seconded by Farber. Motion carried 7-0. 8. Proposed Amendment to Arts & Cultural Affairs Advisory Commission Ordinance Re- garding Term Expirations: Motion by Jones to receive and file the documents and that the re- quirement that a proposed ordinance be con- sidered and voted on for passage at two Coun- cil meetings prior to the meeting at which it is to be passed be suspended. Seconded by Wethal. City Council Members expressed sup- port for the term changes. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 5-23 Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 8 Arts and Cultural Affairs Advisory Commission, Section 2-8-7 Terms. Seconded by Wethal. Motion carried 7- 0. ORDINANCE NO. 5-23 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND COM- MISSIONS, CHAPTER 8 ARTS AND CUL- TURAL AFFAIRS ADVISORY COMMISSION, SECTION 2-8-7 TERMS Whereas, the Arts and Cultural Affairs Ad- visory Commission has seven (7) members who serve four-year terms; and Whereas, three (3) members currently have terms which expire on June 30, 2024 and four (4) members currently have terms which expire June 30, 2025; and Whereas, continuity is in the best interest of the Arts and Cultural Affairs Advisory Commis- sion; and Whereas, the Arts and Cultural Affairs Ad- visory Commission recommends that no more than three (3) members' terms expire each year; and Whereas, the current member terms of the Commission expire as follows: Name, Term Expires Paula Neuhaus, 06/30/2024 Noelle Chesney, 06/30/2024 Thomas Robbins, 06/30/2024 Doug Donald, 06/30/2025 Shirley Davis-Orwoll, 06/30/2025 Nicholas Halder, 06/30/2025 Susan Riedel, 06/30/2025; and Whereas, the Arts and Cultural Affairs Ad- visory Commission recommends that terms be adjusted to reflect expiration dates as follows: Name, Change, Term Expires Paula Neuhaus, No, 06/30/2024 Noelle Chesney, No, 06/30/2024 Thomas Robbins, Yes, 06/30/2025 Doug Donald, Yes, 06/30/2026 Shirley Davis-Orwoll, No, 06/30/2025 Nicholas Halder, No, 06/30/2025 Susan Riedel, Yes, 06/30/2026; and Whereas, the City Council concurs with the recommendation of the Arts and Cultural Af- fairs Advisory Commission to adjust the mem- bers' terms. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 2-8-7 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 2-8-7: TERMS: The term of office for commissioners is three (3) years or until such commissioner's successor is appointed and qualified. The Arts and Cultural Affairs Commis- sion terms shall expire as follows: Name, Term Expires Paula Neuhaus, 06/30/2024 Noelle Chesney, 06/30/2024 Thomas Robbins, 06/30/2025 Doug Donald, 06/30/2026 Shirley Davis-Orwoll, 06/30/2025 Nicholas Halder, 06/30/2025 Susan Riedel, 06/30/2026 Section 2. This ordinance shall take effect July 1, 2023. Passed, approved, and adopted this 6"' day of February, 2023. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 10t" day of February, 2023. /s/Adrienne N. Breitfelder, City Clerk 9. Marketing and Staffing Update for Lei- sure Services Seasonal Employees: Motion by Roussell to receive and file the documents. Se- conded by Resnick. City Council Members thanked City staff for their work on recruitment and shared that the City is hosting a Seasonal and Summer Job Fair at the Multicultural Fam- ily Center on February 8, 2023, from 5:30 p.m. to 7:30 p.m. Motion carried 7-0. Page 861 of 2498 Book 153 Regular Session, February 6, 2023 46 10. Water & Resource Recovery Center Odor Reduction Update: Motion by Resnick to receive and file the documents and listen to the presentation. Seconded by Farber. Water and Resource Recovery Manager William O'Brien provided an update on odor reduction efforts at the Water & Resource Recovery Center. Re- sponding to questions from the City Council, Mr. O'Brien stated that more microbial action may occur in warmer weather and that hydro- gen peroxide implementation can occur imme- diately, which is low-cost and efficient. City Council Members thanked Mr. O'Brien for the update and voiced their desire to accelerate the process of reducing and eliminating odors. Motion carried 7-0. 11. Update to the Administrative Plan for Assisted Housing Programs: Motion by Jones to receive and file the documents, listen to the presentation, and adopt Resolution No. 37-23 Approving the revision of the Public Housing Authority (PHA) Administrative Plan for the Housing Choice Voucher Program. Seconded by Roussell. Housing and Community Devel- opment Director Alexis Steger made a presen- tation on the updated Administrative Plan for the Public Housing Authority. Responding to questions from the City Council, Ms. Steger stated that her department has not received a response on the administrative plan from the United States Department of Housing and Ur- ban Development (HUD) and that the city needs to spend its allocated funding. City At- torney Brumwell stated that the City is following the best guidance based on the available infor- mation. City Council Members suggested con- tacting HUD for an in -person meeting in March, as City Council Members will be taking trips to Washington, D.C. that month. City Manager Van Milligen stated that City staff will try to set up a meeting with HUD. Ms. Steger advised that the regional HUD office is in Kansas City, MO., and that City Council has the option to strike the residency preference from the plan but approve everything else. If City Council took that action, Ms. Steger could bring the res- idency preference back to the City Council later for approval. City Manager Van Milligen sum- marized the potential benefits of the local pref- erence option. City Manager Van Milligen and Ms. Steger also spoke about the challenges of contractors and developers accepting housing choice vouchers. Motion carried 6-1 with Res- nick voting nay. RESOLUTION NO. 37-23 APPROVING THE REVISION OF THE PUB- LIC HOUSING AUTHORITY (PHA) ADMINIS- TRATIVE PLAN FOR THE HOUSING CHOICE VOUCHER PROGRAM Whereas, the City of Dubuque is desig- nated as a Public Housing Authority; and Whereas, the City of Dubuque maintains a comprehensive Public Housing Authority Ad- ministrative Plan; and Whereas, the City of Dubuque desires to revise said Public Housing Authority Adminis- trative Plan; and Whereas, the Housing Commission held public meetings to review revisions of the plan in January and February 2023; and Whereas, on January 31, 2023 the Housing Commission approved and recommended City Council adoption of the revised Administrative Plan; and Whereas, the Resident Advisory Board convened on February 6, 2023, to review changes and accept the revised Administrative Plan; and Whereas, the Housing & Community De- velopment Department will submit the revised Administrative Plan to the U.S. Department of Housing & Urban Development for final ap- proval, after City Council approval. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The Public Housing Authority (PHA) has revised the Administrative Plan for the Housing Choice Voucher Program and the City Council has approved all revisions to the Public Housing Authority Administrative Plan for the Housing Choice Voucher Program. Section 2. The City Council has adopted the revision to the Public Housing Authority Ad- ministrative Plan for the Housing Choice Voucher Program. Section 3. The Housing & Community De- velopment Director is hereby directed to submit the revised Public Housing Authority Adminis- trative plan to the U.S. Department of Urban Development as required. Passed, approved, and adopted this 6"' day of February 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 12. Delivering Dubuque: Fire Department Video: Motion by Jones to receive and file the documents and view the video. Seconded by Roussell. Media Services showed the Deliver- ing Dubuque episode featuring the Fire Depart- ment. This video was produced by the Public Information Office and can be viewed at: https://youtu.be/rEkCrLWhAtk. Motion carried 7-0. Page 862 of 2498 Book 153 Special Session, February 20, 2023 47 COUNCIL MEMBER REPORTS Council Member Farber reported on read- ing to students at Washington Middle School as part of World Read Aloud Day on February 1 St CLOSED SESSION Motion by Jones to convene in closed ses- sion at 11:27 p.m. to discuss Purchase or Sale of Real Estate — Chapter 21.5(1)(j) Code of Iowa. Seconded by Wethal. Mayor Cavanagh stated for the record that the attorney who will consult with City Council on the issues to be discussed in the closed session is City Attorney Brumwell. Motion carried 7-0. The City Council reconvened in open ses- sion at 12:06 a.m. stating that staff had been given proper direction. There being no further business, Mayor Cavanagh declared the meeting adjourned at 12:06 a.m. /s/Adrienne N. Breitfelder, CMC, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 6:00 p.m. on February 20, 2023, in the second -floor Council Chambers of the His- toric Federal Building, 350 W. 6"' Street. Present: Mayor Cavanagh; Council Mem- bers Farber (arrived at 6:07 p.m.), Jones, Res- nick, 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 on Travel Dubuque WORK SESSION Travel Dubuque Annual Update Travel Dubuque President and CEO Keith Rahe provided the organization's annual presentation. Mr. Rahe responded to questions from the City Council following the presenta- tion. There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:27 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk Page 863 of 2498 Book 153 Regular Session, February 20, 2023 48 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on February 20, 2023, in the second -floor Council Chambers of the His- toric Federal Building, 350 W. 6"' Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attor- ney Brumwell. Mayor Cavanagh read the call and stated this is a regular session of the City Council called for the purpose of conducting such busi- ness that may properly come before the City Council. PLEDGE OF ALLEGIANCE PROCLAMATION(S) 1. Birthday of Captain Robert L. Martin dur- ing Black History Month (February 2023) was accepted by Anthony Allen and R.R.S. Stewart on behalf of the Captain Robert L. Martin Com- memoration Committee and the Dubuque Branch of the NAACP. 2. Dubuque's Read Across America Day (March 2, 2023) was accepted by Beth McGorry on behalf of St. Mark Youth Enrich- ment. 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 1/30/23 and 2/6/23; Equity and Human Rights Commission of 8/8/22, 9/12/22, 11/14/22, and 12/12/22; His- toric Preservation Commission of 1/19/23; Li- brary Board of Trustees of 10/27/22, 11/16/22, and 12/15/22; Library Board of Trustees Up- date of 1/26/23; Zoning Advisory Commission of 2/1/23; Zoning Board of Adjustment of 1/26/23; Proof of publication for City Council Proceedings of 1/17/23 and 1/30/23. Upon mo- tion the documents were received and filed. 2. Notice of Claims and Suits: Steven Grutzmacher for mileage reimbursement; Mi- chael Lange for vehicle damage; John Lock- wood for vehicle damage. Upon motion the documents were received, filed, and referred to the City Attorney. 3. Approval of City Expenditures: Upon mo- tion the documents were received and filed, and Resolution No. 38-23 Authorizing the Di- rector of Finance and Budget/City Treasurer to make certain payments of bills that must be paid and approved for payment in accordance with City procedures was adopted. RESOLUTION NO. 38-23 AUTHORIZING THE DIRECTOR OF FI- NANCE AND BUDGET / CITY TREASURER TO MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT IN ACCORDANCE WITH CITY PROCEDURES Whereas, Section 1-7-7(E) of the Municipal Code of the City of Dubuque provides that the Finance Director -City Treasurer shall keep an accurate account of all disbursements, money, or property, specifying date, to whom, and from what fund paid; and Whereas, the invoices, presented by those firms and persons providing such goods and services have been pre -audited by Finance Department personnel in accordance with gen- erally accepted internal control procedures and have been determined to have been requisi- tioned for a lawful municipal purpose; and Whereas, the Finance Director -City Treas- urer has provided a list of Expenditures [pro- vided] hereto, and by this reference made a part hereof, to be drawn to pay for goods and services provided for City purposes; and Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142-18 adopted May 7, 2018, authorized the Finance Director -City Treasurer to issue checks in pay- ment of certain expenditures known as Excep- tion Expenditures prior to City Council approval and such list is [provided] hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Finance Director -City Treas- urer 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 mu- nicipal code requirements as requested by designated requisitioning authorities in accord- ance with approved budget appropriations. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance Director are hereby authorized and directed to provide the statement of receipts and disburse- ments to the City Council, and to publish a summary thereof. Page 864 of 2498 Book 153 Regular Session, February 20, 2023 49 Passed, approved, and adopted this 20th day of February, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Authorized Depository Institutions: Upon motion the documents were received and filed, and Resolution No. 39-23 Naming Depositories was adopted. RESOLUTION NO. 39-23 RESOLUTION NAMING DEPOSITORIES Whereas, Chapter 12C.2 of the Code of Iowa states that the approval of a financial in- stitution as a depository shall be by written res- olution or order which shall be entered of rec- ord in the minutes of the approving board, and which shall distinctly name each depository ap- proved, and specify the maximum amount which may be kept on deposit in each deposi- tory; and Whereas, this procedure is required if a fi- nancial institution changes its name or home office location, if the maximum amount is changed, or if a financial institution is added or deleted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the following financial insti- tutions are approved to be depositories of the City of Dubuque, Iowa funds in conformance with all applicable provisions of the Iowa Code Chapter 12C.2 Section 2. The City Treasurer is hereby au- thorized to deposit City of Dubuque, Iowa funds in amounts not to exceed the maximum ap- proved for each respective financial institution as set out below. Depository Name, Location of Home Office, Maximum Balance MidWestOne Bank, Iowa City, Iowa, $60,000,000 Dubuque Bank & Trust Company, Dubu- que, Iowa, $60,000,000 U.S. Bank, Minneapolis, Minnesota, $40,000,000 Fidelity Bank & Trust, Dyersville, Iowa, $40,000,000 Peoples Savings Bank, Montezuma, Iowa, $30,000,000 Collins Community Credit Union, Cedar Rapids, Iowa, $35,000,000 Dupaco Community Credit Union, Dubu- que, Iowa, $35,000,000 Green State Credit Union, North Liberty, Iowa, $30,000,000 DuTrac Community Credit Union, Dubu- que, Iowa, $30,000,000 Vibrant Credit Union, Moline, Iowa, $30,000,000 Premier Bank, Dubuque, Iowa, $20,000,000 Hometown Bank, Fond du Lac, Wisconsin, $ 250,000 Passed, approved, and adopted this 201h day of February 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. 2022 Calendar year Certified Local Gov- ernments Annual Report and 2023 Historic Preservation Commission Annual Workplan: Upon motion the documents were received, filed, and approved. 6. Fiscal Year 2023 Certified Local Govern- ment Grant Agreements for Voelker Highlands Survey: Upon motion the documents were re- ceived and filed, and Resolution No. 40-23 Ap- proving CLG Grant Agreement with the Iowa Department of Cultural Affairs for the Voelker Highlands Intensive Architectural Survey was adopted. RESOLUTION NO. 40-23 APPROVING CLG GRANT AGREEMENT WITH THE IOWA DEPARTMENT OF CUL- TURAL AFFAIRS FOR THE VOELKER HIGH- LANDS INTENSIVE ARCHITECTURAL SUR- VEY Whereas, the State Historical Society of Iowa (SHSI) under the Iowa Department of Cul- tural Affairs (IDCA) has allocated Certified Lo- cal Government Program (CLG) grant funds for projects that help to preserve, conserve, inter- pret, enhance, and educate the public about Iowa's historical assets; and Whereas, the City of Dubuque has adopted the 2022 Historic Preservation Commission Workplan which includes the Voelker High- lands Intensive Architectural Survey in the goal: Surveys and Registration Projects; and Whereas, this project helps support recom- mendations in the 2037 Imagine Dubuque Comprehensive Plan; and Whereas, this project helps support recom- mendations in the 2016 Arts and Cultural Mas- ter Plan; and Whereas, this project helps meet goals of the Dubuque City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The Mayor is hereby authorized on behalf of the City of Dubuque to sign the FY 2023 CLG Grant Agreement with the Iowa De- partment of Cultural Affairs for the Voelker Highlands Intensive Architectural Survey. Section 2. The Planning Services Manager is hereby authorized as the project manager for the CLG project. Passed, approved, and adopted this 20th day of February 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk Page 865 of 2498 Book 153 Regular Session, February 20, 2023 50 7. Fiscal Year 2023 Certified Local Govern- ment Grant Agreement for the Deereville Sur- vey: Upon motion the documents were re- ceived and filed, and Resolution No. 41-23 Ap- proving CLG Grant Agreement with the Iowa Department of Cultural Affairs for the Deereville Intensive Architectural Survey was adopted. RESOLUTION NO. 41-23 APPROVING CLG GRANT AGREEMENT WITH THE IOWA DEPARTMENT OF CUL- TURAL AFFAIRS FOR THE DEEREVILLE IN- TENSIVE ARCHITECTURAL SURVEY Whereas, the State Historical Society of Iowa (SHSI) under the Iowa Department of Cul- tural Affairs (IDCA) has allocated Certified Lo- cal Government Program (CLG) grant funds for projects that help to preserve, conserve, inter- pret, enhance, and educate the public about Iowa's historical assets; and Whereas, the City of Dubuque has adopted the 2022 Historic Preservation Commission Workplan which includes the Deereville Inten- sive Architectural Survey in the goal: Surveys and Registration Projects; and Whereas, this project helps support recom- mendations in the 2037 Imagine Dubuque Comprehensive Plan; and Whereas, this project helps support recom- mendations in the 2016 Arts and Cultural Mas- ter Plan; and Whereas, this project helps meet goals of the Dubuque City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The Mayor is hereby authorized on behalf of the City of Dubuque to sign the FY 2023 CLG Grant Agreement with the Iowa De- partment of Cultural Affairs for the Deereville Intensive Architectural Survey. Section 2. The Planning Services Manager is hereby authorized as the project manager for the CLG project. Passed, approved, and adopted this 20"' day of February 2023. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 8. US Census Boundary and Annexation Survey: Upon motion the documents were re- ceived and filed. 9. Solar@Scale Letter of Support: Upon motion the documents were received, filed, and approved. 10. Signed Contract(s): Carrico Aquatic Re- sources, Inc. for the Sutton Pool Filter Replace- ment; McDermott Excavating for the Briarwood Subdivision Water Connection. Upon motion the documents were received and filed. 11. Improvement Contracts / Performance, Payment and Maintenance Bonds: Carrico Aquatic Resources for the Flora Pool Filter Tank & Recirculation Pump Replacement Pro- ject. Upon motion the documents were re- ceived, filed, and approved. 12. Chavenelle Road — NW Arterial to Rad- ford Road Reconstruction Project: Upon mo- tion the documents were received and filed, and Resolution No. 42-23 Accepting the Cha- venelle Road — NW Arterial to Radford Road Reconstruction Project and authorizing the payment of the contract amount to the contrac- tor and Resolution No. 43-23 Adopting the Fi- nal Assessment Schedule for the Chavenelle Road — NW Arterial to Radford Road Recon- struction Project were adopted. RESOLUTION NO. 42-23 ACCEPTING THE CHAVENELLE ROAD — NW ARTERIAL TO RADFORD ROAD RE- CONSTRUCTION PROJECT AND AUTHOR- IZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Chavenelle Road — NW Arterial to Rad- ford Road Reconstruction Project (the Project) has been completed by the contractor, Bard Materials Inc. (Contractor), and the City Engi- neer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $2,451,804.52; and Whereas, the Contractor has previously been paid $2,375,176.85, leaving a balance of $76,627,67; 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 DUBU- QUE, IOWA: Section 1. The recommendation of the City Engineer is approved, and the Project is hereby accepted. Section 2. The Director of Finance and Budget is hereby directed to pay the balance of the retainage of $76,627.67 as provided in Iowa Code chapter 573, and to pay such re- tainage in accordance with the provisions of Iowa Code chapter 573 or Iowa chapter 26.13. Passed, approved, and adopted this 201h day of February 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 43-23 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE CHAVENELLE ROAD — NW ARTERIAL TO RADFORD ROAD RE- CONSTRUCTION PROJECT NOW, THEREFORE, BE IT RESOLVED Page 866 of 2498 Book 153 Regular Session, February 20, 2023 51 BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. After full consideration, the Final Schedule of Assessments as shown on the at- tached Exhibit A, is hereby approved for the Chavenelle Road — NW Arterial to Radford Road Reconstruction Project. Section 2. There is hereby assessed and levied as a special tax against and upon each of the benefited properties, the respective sums indicated. The amounts shown in said Fi- nal Schedule of Assessments as deficiencies are found to be proper and levied conditionally against the respective properties benefited by the improvements as shown in the Final Schedule of Assessments, subject to the provi- sions of Iowa Code §384.63. Said assess- ments against said lots are hereby declared to be in proportion to the special benefits con- ferred and not in excess of twenty-five percent of the value of same. Section 3. The City Clerk be and is hereby directed to certify the Final Schedule of As- sessments to the County Treasurer of Dubu- que County, Iowa, and to publish notice of said certification once each week for two consecu- tive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the Final Schedule of Assess- ments. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property own- ers whose property is subject to assessment, as provided in Iowa Code §384.60. Section 4. The assessments may be paid in full or in part without interest at the office of the City Engineer, City Hall, 50 W. 13th Street, Dubuque, Iowa, at any time within 30 days after the date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid assess- ments of $500.00 or more are payable in 15 annual installments at the County Treasurer's Office, Dubuque County Courthouse, 720 Cen- tral Avenue, Dubuque, Iowa, and will draw an- nual interest at three percent (3%) computed to December 1 next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. However, when the last day of September is a Saturday or Sunday, that amount shall be delinquent from the second business day of October. De- linquent installments will draw the same delin- quent interest as ordinary taxes. Property own- ers may elect to pay any annual installments semi-annually in advance. Passed, approved, and adopted this 20th day of February 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk CITY OF DUBUQUE, IOWA CHAVENELLE ROAD RECONSTRUCTION - RADFORD ROAD TO NW ARTERIAL FINAL SCHEDULE OF VALUATION AND PRO- POSED ASSESSMENTS Parcel Number; Property Owner Name; Lot Description; Street Address; Net Assessed Valuation; Valuation With Improvement; Net Paving Improvement Cost; Net Paving Im- provement Deficiency; Total Public Improve- ment Cost; Sidewalk Assessment; Total Net Assessment 1029226002; MAR Holdings LLC; Lot 1 Dubuque Industrial Center Second Add; Chavenelle Rd.; $15,950.00; $53,971.73; $38,021.73; $24,528.80; $13,492.93; N/A; $13,492.93 1029251002; AB (MC)2 LLC F/K/A Rite - Hite Corporation; Lot 1 & 2 of Final Plat of Lot 1 of Dubuque Industrial Center First Addition; 4343 Chavenelle Rd.; $11,800,000.00; $11,842,634.40; $42,634.40; N/A; $42,634.40; N/A; $42,634.40 1029251003; Uelner Precision Tools & Dies Inc, FH; Lot 2-2 Dubuque Industrial Center Sixth Add; 4545 Futuro Court; $1,426,960.00; $1,439,111.21; $12,151.21; N/A; $12,151.21; N/A; $12,151.21 1029401004; AY McDonald Manufacturing Co.; Lot 3 Dubuque Industrial Center Ninth Add; Chavenelle Rd.; $233,000.00; $262,074.21; $29,074.21; N/A; $29,074.21; N/A; $29,074.21 1029401002; Rauen Properties LLC; Lot 1 Dubuque Industrial Center Sixth Add; 4949 Chavenelle Rd.; $1,880,470.00; $1,905,112.17; $24,642.17; N/A; $24,642.17; N/A; $24,642.17 1029251015; Rauen Properties LLC; Lot 2 Dubuque Industrial Center 14th Add; Cha- venelle Rd.; $34,050.00; $36,947.32; $2,897.32; N/A; $2,897.32; N/A; $2,897.32 1029402004; AY McDonald Manufacturing Co.; Lot 1 Dubuque Industrial Center 13th Add (Pt I; 4800 Chavenelle Rd.; $5,825,000.00; $5,881,042.17; $56,042.17; N/A; $56,042.17; $25,444.39; $81,486.55 1029276006; Dubuque In Futuro Inc; Lot 2 Dubuque Industrial Center 13th Add; 50 W 13th St.; $ 87,730.00; $100,929.42; $13,199.42; N/A; $13,199.42; $6,809.06; $20,008.48 1029426001; Metrix Co; Lot 1-2-2 Dubuque Industrial Center 5th Add; 4400 Cha- venelle Rd.; $2,304,810.00; $2,328,613.06; $23,803.06; N/A; $23,803.06; $11,543.34; $35,346.40 1029276002; Lakeshore Ventures LLC Real Estate Dept; Lot 1 Dubuque Page 867 of 2498 Book 153 Regular Session, February 20, 2023 52 Industrial Center 5t' Add; 4370 Cha- venelle Rd.; $373,580.00; $380,599.11; $7,019.11; N/A; $7,019.11; $3,376.24; $10, 395.35 1029276004; Weber Paper Company; Lot 1 Dubuque Industrial Center 11th Add; 4300 Chavenelle Rd.; $1,528,960.00; $1,559,923.92; $30,963.92; N/A; $30,963.92; $16,371.93; $ 47,335.85 1029276001; Dubuque Humane Society; Lot 1 of 2 of Dubuque Industrial Center 5th; 4242 Chavenelle Rd.; $1,903,800.00; $1,926,133.94; $22,333.94; N/A; $22,333.94; $11,505.62; $33,839.55 13. Bee Branch Creek Railroad Culverts Trail Project Acceptance: Upon motion the doc- uments were received and filed, and Resolu- tion No. 44-23 Accepting the Bee Branch Creek Railroad Culvert Trail Project and au- thorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 44-23 ACCEPTING THE BEE BRANCH CREEK RAILROAD CULVERT TRAIL PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRAC- TOR Whereas, the Public Improvement Contract for the Bee Branch Railroad Culvert Trail Pro- ject (the Project) has been completed by the Contractor, Tricon General Construction, (Con- tractor) and the City Engineer has examined the work and that the Project be accepted; and Whereas, the final contract amount for the Project is $463,129.25; and Whereas, the Contractor has previously been paid $439,972.79, leaving a balance of $23,156.46; 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 DUBU- QUE, IOWA: Section 1. The recommendation of the City Engineer is approved, and the Project is hereby accepted. Section 2. The Chief Financial Officer is hereby directed to pay to the Contractor the balance of the retainage of $23,156.46 as pro- vided in Iowa Chapter 573, and to pay such re- tainage only in accordance with the provisions of Iowa Code Chapter 573 or Iowa Code Chap- ter 26.13. Passed, approved, and adopted this 20th day of February, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 14. Upper Bee Branch Creek Railroad Cul- verts Project Acceptance: Upon motion the documents were received and filed, and Reso- lution No. 45-23 Accepting the Upper Bee Branch Creek Railroad Culverts Project and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 45-23 ACCEPTING THE UPPER BEE BRANCH CREEK RAILROAD CULVERTS PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRAC- TOR Whereas, the Public Improvement Contract for the Upper Bee Branch Creek Railroad Cul- verts Project (the Project) has been completed by the Contractor, Tricon General Construc- tion, (Contractor), and the City Engineer has examined the work and that the Project be ac- cepted; and Whereas, the final contract amount for the Project is $26,564,501.38; and Whereas, the Contractor has previously been paid $25,236,276.30, leaving a balance of $1,328,225.08; 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 DUBU- QUE, IOWA: Section 1. The recommendation of the City Engineer is approved, and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $1,328,225.08 as provided in Iowa Chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved, and adopted this 20th day of February, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 15. Approval of Plat of Survey (ROW Vaca- tion) of Lot 2-2-1-2-1-2-2-2-2-2-B of the North- east Quarter of the Northeast Quarter of Sec- tion 28, T89N, R2E of the 5th P.M., in the City of Dubuque, Iowa for Vacation Petition (to Hills and Dales Childhood Development Center) as part of the Stoneman Road Reconstruction Project: Upon motion the documents were re- ceived and filed, and Resolution No. 46-23 Ap- proving Plat of Proposed Vacated Portion of Stoneman Road, in the City of Dubuque, Iowa, to be known as Lot 2-2-1-2-1-2-2-2-2-2-B of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., in the City of Dubuque, Iowa was adopted. Page 868 of 2498 Book 153 Regular Session, February 20, 2023 53 RESOLUTION NO. 46-23 APPROVING PLAT OF PROPOSED VA- CATED PORTION OF STONEMAN ROAD, IN THE CITY OF DUBUQUE, IOWA, TO BE KNOWN AS LOT 2-2-1-2-1-2-2-2-2-2-B OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 28, T89N, R2E OF THE 5T" P.M., IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated February 9, 2023 prepared by the City of Dubuque Engineering Department, showing the proposed vacated portion of Stoneman Road, in the City of Dubuque, Iowa and assigned a lot number thereto, to be known as Lot 2-2-1-2-1-2-2-2-2-2-B of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., 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 February 9, 2023, prepared by the City of Dubuque Engi- neering 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 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 the hatched area of said Lot 2-2-1-2-1-2-2-2-2-2-B of the Northeast Quarter of the Northeast Quar- ter of Section 28, T89N, R2E of the 5th P.M., in the City of Dubuque, Iowa, as shown and de- noted on the face of the plat. 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 20th day of February, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 16. Calendar Year 2022 Urban Revitaliza- tion Program Applications: Upon motion the documents were received and filed, and Reso- lution No. 47-23 Approving Property Tax Abatement Applications Submitted by Property Owners in Urban Revitalization Areas and Au- thorizing the transmittal of the approved appli- cations to the City Tax Assessor was adopted. RESOLUTION NO. 47-23 APPROVING PROPERTY TAX ABATEMENT APPLICATIONS SUBMITTED BY PROP- ERTY OWNERS IN URBAN REVITALIZATION AREAS AND AUTHORIZ- ING THE TRANSMITTAL OF THE AP- PROVED APPLICATIONS TO THE CITY TAX ASSESSOR Whereas, Chapter 404 of the Code of Iowa, the Urban Revitalization Act, permits cities to abate property taxes for improvements made to properties in designated revitalization areas; and Whereas the Urban Revitalization Act re- quires property owners to submit a written ap- plication for abatement by February 1, 2023, of the assessment year for which the abatement is first claimed and requires the City Council to approve all applications that meet the require- ments of the adopted Urban Revitalization Plan. Copies of the Urban Revitalization appli- cations are forwarded to the City Assessor for review by March 1, 2023; and Whereas, pursuant to the requirements of said Urban Revitalization Act, the following Ur- ban Revitalization Areas were established: Dubuque Urban Revitalization Area, Alta Vista, Radford Road, 210 Jones Street, Kunkel & As- sociates, Lange Estates; and Whereas, the City of Dubuque, as of Feb- ruary 1, 2023, received tax abatement applica- tions from the following property owners in the aforementioned urban revitalization districts el- igible for tax exemption for the time period indi- cated: District, Address, Property Owner, Type of Property, Exemption Period DBQ UR Area, 2860 Central Ave, Justyna Miranda, Residential, 10-year DBQ UR Area, 2619 Pinard, Amber Holbrook, Residential, 10-year DBQ UR Area, 1494/1496 Jackson, Bol- singer Property Management, Residen- tial, 10-year DBQ UR Area, 2717 Central, Ronald Pluym, Residential, 10-year DBQ UR Area, 629 Groveland, Jeffrey Robbins, Residential, 10-year DBQ UR Area, 308 Hill, 308 Hill St LLC/Martin Froehlich, Residential, 10- year DBQ UR Area, 611 West 17th, Darin & Christine Poll, Residential, 10-year DBQ UR Area, 625 Rhomberg, Lakeside Investments, LLC, Residential, 10-year DBQ UR Area, 2535 Central, TKWJ Es- tates, Residential, 10-year DBQ UR Area, 935 Oxford, James Gonyer, Residential, 10-year DBQ UR Area, 1470 Washington, Dubuque & Jackson Co. Habitat for Humanity, Res- idential, 10-year DBQ UR Area, 1505 Montrose Terr., Se- cure Home Offers LC and B&H Invest- ment Properties LLC, Residential, 10- year DBQ UR Area, 2100 White St, UTZ, Page 869 of 2498 Book 153 Regular Session, February 20, 2023 54 LLC/Jeff Udelhofen, Commercial, 3-year DBQ UR Area, 1458 White St, Nia Neigh- borhoods Opportunity Zone Fund, Resi- dential, 10-year DBQ UR Area, 1659 Iowa St, GT Develop- ment, Residential, 10-year DBQ UR Area, 1665 Iowa St, GT Develop- ment, Residential, 10-year DBQ UR Area, 1671 Iowa St, GT Develop- ment, Residential, 10-year DBQ UR Area, 1677 Iowa St, GT Develop- ment, Residential, 10-year DBQ UR Area, 1199 Central Ave, Virtual Velocity LLC, Residential, 10-year DBQ UR Area, 2414 Windsor Ave, City of Dubuque, Residential, 10-year DBQ UR Area, 2268 Prince, Michael & Ka- ren Reiter, Residential, 10-year Whereas, the Housing and Community De- velopment Department has reviewed the above -described applications, verified required permits were obtained and inspected for appli- cable improvements, verified inspections of the properties, and determined the applications and the improvements conform to the require- ments of the City of Dubuque's Urban Revitali- zation Plans. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the above -described tax abatement applications meet the requirements of the City of Dubuque's Urban Revitalization Plans. Section 2. That the above -described tax abatement applications are hereby approved by the City Council, subject to the review and approval of the City Assessor. Section 3. That the City Clerk is hereby au- thorized and directed to forward the above- de- scribed tax abatement applications to the City Assessor. Passed, approved, and adopted this 201" day of February, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 17. First Amendment to Community Devel- opment Block Grant Subrecipient Agreement between the City of Dubuque and Four Mounds Foundation: Upon motion the documents were received and filed, and Resolution No. 48-23 Authorizing the First Amendment to the CDBG Subrecipient Agreement between the City of Dubuque and Four Mounds Foundation was adopted. RESOLUTION NO. 48-23 AUTHORIZING THE FIRST AMENDMENT TO THE CDBG SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF DUBUQUE AND FOUR MOUNDS FOUNDATION Whereas, the City of Dubuque and Four Mounds Foundation entered into a CDBG Sub - recipient Agreement dated September 8, 2020 with respect to providing services to a pre- sumed low -and moderate- income population; and Whereas, the parties desire to modify the Subrecipient Agreement as set out in the First Amendment to the Subrecipient Agreement [provided] hereto; and Whereas, Four Mounds Foundation pro- vides services to a majority low to moderate - income individuals. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the First Amendment to the CDBG Subrecipient Agreement be approved. Section 2. That the City Manager or his de- signee of the City of Dubuque is hereby author- ized and directed to execute said Amendment on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 20"' day of February 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 18. Approval of Retail Alcohol Licenses: Upon motion the documents were received and filed, and Resolution No. 49-23 Approving ap- plications for retail alcohol licenses, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 49-23 APPROVING APPLICATIONS FOR RETAIL ALCOHOL LICENSES, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDI- NANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CON- TROL, ARTICLE B LIQUOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for retail alcohol li- censes have been submitted and filed with the City Council for approval, and the same have been examined, provisionally approved, and/or approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City, and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Clerk is hereby author- ized and directed to cause to be issued the noted license types to the following applicants pending submission of the locally required doc- umentation: Page 870 of 2498 Book 153 Regular Session, February 20, 2023 55 New Applications Yardarm - 8 Month License, 1201 Shiras Ave. Renewals Backpocket Dubuque, 333 East loth St., Suite A Board and Brush Creative Studio, 875 Jack- son St., Suite 111 Bunker Hill Golf Course, 2200 Bunker Hill Rd. BustinAxe Throwing Range, 576 Central Ave. Hartig Drug Company, 2255 John F. Ken- nedy Rd. Kwik Stop 16th Street #325, 1210 East 16th St. Liquor, Tobacco, and Gas, 1401 Central Ave. Loras College Campus Center, 1450 Alta Vista St. Monks Kaffee Pub, 373 Bluff St. Salsa's Mexican Restaurant, 1091 Main St. The Hub, 253 Main St. Passed, approved, and adopted this 20th day of February 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 Wethal. Motion carried 7-0. 1. Set Public Hearing Petition to Vacate and Dispose of City Interest in a portion of the Stoneman Road Right of Way, in the City of Dubuque, Iowa for Vacation Petition (to Hills and Dales Childhood Development Center) as part of the Stoneman Road Reconstruction Project: Upon motion the documents were re- ceived and filed and Resolution No. 50-23 In- tent to vacate and dispose of city interest in a portion of Stoneman Road, in the City of Dubu- que, Iowa, to be known as Lot 2-2-1-2-1-2-2-2- 2-2-B of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., in the City of Dubuque, Iowa was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 6, 2023 in the Historic Federal Building. RESOLUTION NO. 50-23 RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN A POR- TION OF STONEMAN ROAD, IN THE CITY OF DUBUQUE, IOWA, TO BE KNOWN AS LOT 2-2-1-2-1-2-2-2-2-2-B OF THE NORTH- EAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 28, T89N, R2E OF THE 5T" P.M., IN THE CITY OF DUBUQUE, IOWA Whereas, per an agreement with Hills and Dales Childhood Development Center ap- proved by Resolution No. 170-22, the City is to vacate a portion of the Stoneman Road right of way originally platted as a cul-de-sac at the westerly end of Stoneman Road and is to con- vey the property to Hills and Dales for use as parking lot; and Whereas, the City of Dubuque Engineering Department has prepared and submitted to the City Council a plat showing the proposed va- cated right of way of Stoneman Road, in the City of Dubuque, Iowa and assigned a lot num- ber thereto, to be known as Lot 2-2-1-2-1-2-2- 2-2-2-B of the Northeast Quarter of the North- east Quarter of Section 28, T89N, R2E of the 5th P.M., in the City of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the City of Dubuque intends to vacate and dispose of its interest in Lot 2-2- 1-2-1-2-2-2-2-2-B of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., in the City of Dubuque, Iowa, as shown on the [provided] Exhibit A. Section 2. That a public hearing, and/or by virtual means, on the intent to vacate and dis- pose of City interest in Lot 2-2-1-2-1-2-2-2-2-2- B of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., in the City of Dubuque, Iowa, to Hills and Dales Childhood Development Center, is hereby set for the 6th day of March, 2023, at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa, beginning at 6:30 p.m., and the City Clerk be and is hereby authorized and directed to cause a notice of public hearing on the intent to vacate said real estate to be pub- lished in the manner as prescribed by law. Passed, approved, and adopted this 201h day of February, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Set Public Hearing for Disposition of City -Owned Property at 612 Lincoln Avenue: Upon motion the documents were received and filed and Resolution No. 51-23 Intent to dis- pose of an interest in City of Dubuque real es- tate to Affordable Housing Network, Inc, setting a time and place for hearing, 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 March 6, 2023 in the Historic Federal Building. RESOLUTION NO. 51-23 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE TO AF- FORDABLE HOUSING NETWORK, INC, SETTING A TIME AND PLACE FOR HEAR- ING, AND PROVIDING FOR THE PUBLICA- TION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) owns 612 Lincoln Avenue (the Property) legally Page 871 of 2498 Book 153 Regular Session, February 20, 2023 56 described as: Southwesterly Half of Lot 53 and Lot 1 of Lot 54 in Cook's Addition to the City of Dubuque, Iowa, according to the rec- orded plat thereof Whereas, the City acquired the property through petition for title to abandoned property; and Whereas, it is the recommendation of the Housing and Community Development Depart- ment to approve the purchase agreement for the sale to Affordable Housing Network, Inc. according to the terms and conditions set out in the purchase agreement in the public inter- est of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa, proposes to approve the purchase agreement of the above -described real estate to Afforda- ble Housing Network, Inc. Section 2. That the City Council shall con- duct a public hearing on the proposed pur- chase agreement in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa on the 6th day of March, 2023, beginning at 6:30 PM. Section 2. That the City Clerk be and is hereby authorized and directed to publish no- tice of the public hearing in the form [provided] hereto, according to law. Passed, approved, and adopted this 20th day of February 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Resolution of Necessity for the Amend- ment of the Dubuque Industrial Center Eco- nomic Development District Urban Renewal Plan, Version 2023.1: Upon motion the docu- ments were received and filed and Resolution No. 52-23 Authorizing and directing the City Manager to prepare an Amended and Restated Urban Renewal Plan Version 2023.1 for the Dubuque Industrial Center Economic Develop- ment District, setting a date for the public hear- ing and directing the consultation process on the proposed Amended and Restated Urban Renewal Plan Version 2023.1 for said district was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 20, 2023 in the Historic Federal Building. RESOLUTION NO. 52-23 AUTHORIZING AND DIRECTING THE CITY MANAGER TO PREPARE AN AMENDED AND RESTATED URBAN RENEWAL PLAN VERSION 2023.1 FOR THE DUBUQUE IN- DUSTRIAL CENTER ECONOMIC DEVELOP- MENT DISTRICT, SETTING A DATE FOR THE PUBLIC HEARING AND DIRECTING THE CONSULTATION PROCESS ON THE PROPOSED AMENDED AND RESTATED URBAN RENEWAL PLAN VERSION 2023.1 FOR SAID DISTRICT Whereas, the City Council of the City of Dubuque has heretofore approved the Amended and Restated Urban Renewal Plan Version 2022.3 (the "Plan" or "Urban Renewal Plan") for the Dubuque Industrial Center Eco- nomic Development District (the "District") in order to provide redevelopment opportunities which will further the purposes and objectives of the foregoing Urban Renewal Plan; and Whereas, City staff has recommended that the Plan be further amended to remove prop- erty from Subarea E of the District and to add a project to the Public Purpose Activities as shown in the [provided] proposed Amended and Restated Plan Urban Renewal Plan Ver- sion 2023.1 for the Dubuque Industrial Center Economic Development District; and Whereas, Iowa Code Chapter 403 requires that before a Plan may be modified, the City Council must follow the notification, consulta- tion, and public hearing process set forth therein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager is author- ized and directed to prepare an Amended and Restated Urban Renewal Plan Version 2023.1 for the Dubuque Industrial Center Economic Development District to include in such Plan any appropriate project activities and details, and to determine an appropriate date for and conduct the consultation process required by law with affected taxing entities concerning the proposed amendment. Section 2. That the City Council hold a pub- lic hearing on the adoption of the proposed Amended and Restated Urban Renewal Plan Version 2023.1 for the Dubuque Industrial Cen- ter Economic Development District on March 20, 2023 at 6:30 p.m. in the form [provided] hereto. The notice of said hearing shall gener- ally identify the areas covered by the Plan Ver- sion 2023.1 and the general scope of the urban renewal activities planned for such areas and said notice shall be published in a newspaper having general circulation within the City not less than four days nor more than twenty days before the date of said meeting. A copy of the notice of public hearing shall be sent by ordi- nary mail to the affected taxing entities. Section 3. That the Economic Development Department is further directed to send by ordi- nary mail a copy of said Plan Version 2023.1, the notice of public hearing, a notice of consul- tation, and, to the extent the Plan Version 2023.1 includes the use of tax increment reve- nues for a public building, an analysis of alter- native development and funding options for such public buildings, to the Dubuque Page 872 of 2498 Book 153 Regular Session, February 20, 2023 57 Community School District and the Dubuque County Board of Supervisors, as the affected taxing entities. Passed, approved, and adopted this 20"' day of February, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Resolution of Necessity for the Amend- ment of the Dubuque Industrial Center Eco- nomic Development District Urban Renewal Plan, Version 2023.2: Upon motion the docu- ments were received and filed and Resolution No. 53-23 Authorizing and directing the City Manager to prepare an Amended and Restated Urban Renewal Plan Version 2023.2 for the Dubuque Industrial Center Economic Develop- ment District, setting a date for the public hear- ing and directing the consultation process on the proposed Amended and Restated Urban Renewal Plan Version 2023.2 for said district was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 20, 2023 in the Historic Federal Building. RESOLUTION NO. 53-23 AUTHORIZING AND DIRECTING THE CITY MANAGER TO PREPARE AN AMENDED AND RESTATED URBAN RENEWAL PLAN VERSION 2023.2 FOR THE DUBUQUE IN- DUSTRIAL CENTER ECONOMIC DEVELOP- MENT DISTRICT, SETTING A DATE FOR THE PUBLIC HEARING AND DIRECTING THE CONSULTATION PROCESS ON THE PROPOSED AMENDED AND RESTATED URBAN RENEWAL PLAN VERSION 2023.2 FOR SAID DISTRICT Whereas, the City Council of the City of Dubuque has heretofore approved the Amended and Restated Urban Renewal Plan Version 2023.1 (the "Plan" or "Urban Renewal Plan") for the Dubuque Industrial Center Eco- nomic Development District (the "District') in order to provide redevelopment opportunities which will further the purposes and objectives of the foregoing Urban Renewal Plan; and Whereas, City staff has recommended that the Plan be further amended to expand the Dis- trict by creating Subarea S and to add a project to the Public Purpose Activities as shown in the [provided] proposed Amended and Restated Plan Urban Renewal Plan Version 2023.2 for the Dubuque Industrial Center Economic De- velopment District; and Whereas, Iowa Code Chapter 403 requires that before a Plan may be modified, the City Council must follow the notification, consulta- tion, and public hearing process set forth therein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager is author- ized and directed to prepare an Amended and Restated Urban Renewal Plan Version 2023.2 for the Dubuque Industrial Center Economic Development District to include in such Plan any appropriate project activities and details, and to determine an appropriate date for and conduct the consultation process required by law with affected taxing entities concerning the proposed amendment. Section 2. That the City Council hold a pub- lic hearing on the adoption of the proposed Amended and Restated Urban Renewal Plan Version 2023.2 for the Dubuque Industrial Cen- ter Economic Development District on March 20, 2023 at 6:30 p.m. in the form [provided] hereto. The notice of said hearing shall gener- ally identify the areas covered by the Plan Ver- sion 2023.2 and the general scope of the urban renewal activities planned for such areas and said notice shall be published in a newspaper having general circulation within the City not less than four days nor more than twenty days before the date of said meeting. A copy of the notice of public hearing shall be sent by ordi- nary mail to the affected taxing entities. Section 3. That the Economic Development Department is further directed to send by ordi- nary mail a copy of said Plan Version 2023.2, the notice of public hearing, a notice of consul- tation, and, to the extent the Plan Version 2023.2 includes the use of tax increment reve- nues for a public building, an analysis of alter- native development and funding options for such public buildings, to the Dubuque Commu- nity School District and the Dubuque County Board of Supervisors, as the affected taxing entities. Passed, approved, and adopted this 20"' day of February, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk BOARDS/COMMISSIONS Appointments were made to the following board. 1. Zoning Board of Adjustments: One, 5- Year term through March 25, 2027 (Vacant term ofGolombeski); One, 5-Year term through March 25, 2028 (Expiring term of Mauss). Ap- plicants: Matthew Mauss, 1540 N. Algona St. - Additional Applicant; Rena Stierman, 390 Moore Heights. This commission is subject to the State of Iowa Gender Balance Law, §69.16A. 5 Commissioners total; currently 2 males/1 female/ 2 opening. Motion by Jones to appoint Mr. Mauss to the five-year term through March 25, 2028 and to appoint Ms. Stierman to the five-year term through March 25, 2027. Seconded by Sprank. Motion carried 7-0. Page 873 of 2498 Book 153 Regular Session, February 20, 2023 58 PUBLIC HEARINGS Public Hearing for Resolution Establishing Maximum Property Tax Dollars for Fiscal Year 2024: Motion by Roussell to receive and file the documents and adopt Resolution No. 54-23 Approval of the Fiscal Year 2024 Maximum Property Tax Dollars for the affected tax levy total. Seconded by Farber. Josh and Emily Chamberland, 2145 Delaware St.; and Rich Miescke, 3199 Sheridan Rd., spoke in opposi- tion to property tax increases. City Clerk Breit- felder stated that written input was received from Steve [no last name provided], 2667 Marywood Dr. City Council Members dis- cussed the challenges of approving the maxi- mum property tax dollars before the budget public hearings, as required by law, and justifi- cations for their preferred maximum property tax dollars. Motion carried 5-2 with Cavanagh and Resnick voting nay. RESOLUTION NO. 54-23 APPROVAL OF THE FISCAL YEAR 2024 MAXIMUM PROPERTY TAX DOLLARS FOR THE AFFECTED TAX LEVY TOTAL Whereas, pursuant to State of Iowa SF634, the City of Dubuque is required to hold a public hearing to consider the proposed Fiscal Year 2024 city maximum property tax dollars for the affected levy total; and Whereas, the City Council have considered the proposed Fiscal Year 2024 city maximum property tax dollars for the affected levy total; and Whereas, a notice concerning the pro- posed city maximum property tax dollars was published as required and posted on city web site and/or social media accounts if applicable; and Whereas, a public hearing concerning the proposed city maximum property tax dollars was held on February 20, 2023. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA THAT: Section 1. The maximum property tax dol- lars for the affected tax levies for Fiscal Year 2024 shall not exceed the following total: Total maximum levy for affected prop- erty tax levies $26,546,601. Section 2. The maximum property tax dol- lars requested in the total maximum levy for Fiscal Year 2024 represents an increase less than 102% from the maximum property tax dol- lars requested for Fiscal Year 2023. Passed, adopted, and approved this 20th day of February 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Amending Zone B of the Dubuque Indus- trial Center West Planned Unit Development to allow childcare centers, early learning centers, general office, data centers, and emergency call centers: 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 sus- pended. Seconded by Sprank. Planning Ser- vices Manager Wally Wernimont provided a staff report. Rick Dickinson, 205 Hill St., Presi- dent and CEO of Greater Dubuque Develop- ment Corporation; and Ryan Sempf, 7819 Commerce Park, Unit 300, Vice President of Government and External Affairs of the Dubu- que Area Chamber of Commerce and Zoning Advisory Commission Member; spoke in sup- port of the amendment. City Clerk Breitfelder stated that Tom Rauen submitted written input to the Planning Services Department. City Council Members expressed support for the amendment. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 6-23 Amending Title 16, Unified Development Code of the City of Dubuque Code of Ordinances, by rescinding Ordinance No. 32-18 which established regu- lations for a PUD Planned Unit Development District with a PI Planned Industrial Designa- tion and adopting an Amended PUD Ordinance to allow for Childcare Centers, Early Learning Centers, General Office, Data Centers, and Emergency Call Centers within the Zone B of the PUD Planned Development District. Se- conded by Sprank. Motion carried 7-0. ORDINANCE NO. 6 - 23 AMENDING TITLE 16, UNIFIED DEVELOP- MENT CODE OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY RESCINDING ORDINANCE NO. 32-18 WHICH ESTAB- LISHED REGULATIONS FOR A PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PI PLANNED INDUSTRIAL DESIG- NATION AND ADOPTING AN AMENDED PUD ORDINANCE TO ALLOW FOR CHILD- CARE CENTERS, EARLY LEARNING CEN- TERS, GENERAL OFFICE, DATA CENTERS, AND EMERGENCY CALL CENTERS WITHIN THE ZONE B OF THE PUD PLANNED DE- VELOPMENT DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the Dubuque Code of Ordinances, Unified Development Code, is hereby amended by rescinding Ordi- nance No. 32-18 and allowing childcare cen- ters, early learning centers, general offices, data centers, and emergency call centers within Zone B of the Dubuque Industrial Center West PUD Planned Unit Development district Page 874 of 2498 Book 153 Regular Session, February 20, 2023 59 with a PI Planned Industrial Designation for the property legally described, to wit: Lot 2 of McFadden Farm Place No. 2, Part of Lot 1-2 McFadden Farm Place No. 4, Balance of Lot 1-2 McFadden Farm Place No. 4, Lot 1 of McFadden Farm Place No. 5, Part Lot 1A McFadden Farm Place No. 6, Balance of Lot 1A McFadden Farm Place No. 6, Balance of Lot 1 McFadden Farm Place No 6 excluding Lot 1A, Lot 4 Dubuque Industrial Center West, Lots 1-1, 2, 2-1, 3, 4, 5, 6, 7, 8 and C of Dubuque Industrial Center West 2nd Addition, Lots 1, 1-4, 2 2-4, 3, B and C of Dubuque Industrial Center West 4th Addi- tion, Lots 1-1, 1-2, 1-3, 1-5, 2-3, A, C and D of Dubuque Industrial Center West 5th Addition, Lots 1 and A of Dubuque Indus- trial Center West 6th Addition, Lots 1, 1-2 and 2-2 of Dubuque Industrial Center West 7th Addition, Lots 1, 2 and B of Dubuque Industrial Center West 8th Addi- tion, Lot 2 of Dubuque Industrial Center West 9th Addition, Lot 1 of Dubuque In- dustrial Center West Exc 7425 Condo- miniums, Lots 1-5, 3, 6 and H of Dubuque Industrial Center West Final Plat, Lots 1, 1-C and 2 of Dubuque Industrial Center North 1st Addition, Balance of Lot 2-C of Dubuque Industrial Center North 1st Addi- tion, Balance of Lot 3 Dubuque Industrial Center North 1 st Addition excluding Lot A, Part of Lot 3 Dubuque Industrial Center North 1st Addition excluding Lot A, Part of Lot 2-C of Dubuque Industrial Center North 1st Addition, Unit 1 and Unit 2 of 7425 Condominiums located on Lot 1 Dubuque Industrial Center West, Lot 1 Dubuque Industrial Center North 2"d Ad- dition Located in DUB T6, Part of Lot A Dubuque Industrial Center North 1st Addi- tion in Tax District DUB A, Part of Lot A Dubuque Industrial Center North 1st Addi- tion in Tax District DUB T6, Part of Lot 1 Unison Addition, Lots 1 and 2A Dubuque Industrial Center North 3rd Addition, Lot 2- 1 SW SW & 2-1 SE SW both in Section 30 T89N R2E, Lot 2 SE SW Section 30 T89N R2E, Lot 1-1 NW'/4 NW'/4 Section 29 T89N R2E, SE '/4 NW '/4 Section 29 T89N R2E, SW '/4 NW '/4 Section 29 T89N R2E, Lot 2 SW SE and Lot 2 SE SE Section 30 T89N R2E, and to the center- line of the adjoining public right of -way, all in the City of Dubuque, Iowa Section 2. [provided] hereto and made a part of this zoning reclassification approval is an amended Conceptual Development Plan for the Dubuque Industrial Center West Planned Unit Development. It is recognized that minor shifts or modifications to the general plan lay- out may be necessary and compatible with the need to acquire workable street patterns, grades, and usable building sites. The general plan layout, including the requirements shall be used as the implementation guide. Section 3. Pursuant to Iowa Code Section 414.5 (2015), as amended, and as an express condition of the reclassification, the under- signed property owner(s) agree(s) to the fol- lowing conditions, all of which the property owner(s) further agree(s) are reasonable and imposed to satisfy the public needs that are caused directly by the zoning reclassification: A. Definitions 1. Building Related Features - Building related features are defined as all con- structed items which rise above the grade surface of the lot. These include: a. The primary building b. All accessory or secondary build- ings c. All exterior storage areas d. Exterior refuse collection areas e. Exterior mechanical equipment f. Containerized or tank storage of liquids, fuels, gases, and other materials. 2. Vehicle Related Features - Vehicle related features are defined as all areas used for the movement and parking of all vehicles within the lot. These in- clude: a. Employee and visitor parking spaces. b. Driveways from the street right- of-way line to and from parking spaces. c. Loading spaces outside of the building. d. Maneuvering spaces outside of the building. e. Parking spaces for company - owned commercial vehicles. f. Fire lanes. g. Railroad tracks. 3. Open Space Features - Open space features are defined as those exterior areas and developed features of the lot which include: a. Landscaped space containing lawn areas and plantings. b. Paved, hard -surfaced, pedestrian areas such as walkways, plazas, entryways, and courtyards. c. Surface storm water detention ar- eas not otherwise used for build- ing -related or vehicle -related pur- poses. d. Open recreation areas and recre- ational trail. e. Other non -building and non -ve- hicular related space. B. Use Regulations - The following regu- lations shall apply to all uses made of land in the above -described PUD District: Page 875 of 2498 Book 153 Regular Session, February 20, 2023 60 Zone A: General Purpose and Description. Zone A is intended to provide for a limited amount of commercial development that will serve industrial park employees with daily com- mercial and service needs. The development of Zone A shall resemble a small shopping cen- ter with shared access, parking, and signage to promote a unified commercial appearance. Ex- terior storage is prohibited. 1. Principal permitted uses shall be lim- ited to: a. Public or quasi -public utilities in- cluding substations b. Business services c. Gas station/convenience/car wash d. Laundry/dry cleaner e. Indoor restaurant f. Drive-in/carry-out restaurant g. Drive -up automated bank teller h. Banks, savings and loans, and credit unions i. Group day care center 2. Conditional uses reserved for future use. 3. Accessory uses shall be limited to the following: a. Any use customarily incidental and subordinate to the principal use it serves. 4. Temporary uses shall be limited to the following: Any use listed as a permitted use within the PUD District of a limited duration as established in Section 3-19 Temporary Uses of the Unified Development Code. Zone B: General Purpose and Description. Zone B is intended to provide for a variety of uses primarily involving light manufacturing, assembly and fabrication, warehousing, whole- saling, office uses and business services. Ex- terior storage is prohibited. 1. Principal permitted uses shall be lim- ited to: a. Railroads and public or quasi - public utilities b. General offices c. Medical/dental lab d. Mail-order houses e. Printing and publishing f. Laboratories for research and en- gineering g. Wholesale sales/distributor h. Vending/game machine sales/service i. Cold storage/locker plants j. Packing and processing of meat, dairy or food products, not to in- clude stockyards or slaughter houses k. Tool, die, and patter making I. Manufacture, assembly, repair or storage of electrical and electronic products, components, or equip- ment m. Warehousing and storage facili- ties, not to include mini -ware- houses n. Manufacturing, processing, fabri- cation, assembling, packaging or other comparable treatment of goods or materials, entirely within enclosed buildings o. Childcare centers p. Early learning centers q. Data centers r. Emergency call centers 2. Accessory uses shall be limited to the following: a. Retail outlets within a primary of- fice/industrial building, selling products produced on -site and only as accessory to the principal use. b. Any use customarily incidental and subordinate to the principal use it serves. 3. Temporary uses shall be limited to the following: Any use listed as a permitted use within the PUD District of a limited duration as established in Section 3-19 Temporary Uses of the Unified Development Code. Zone C: General Purpose and Description. Zone C is intended to provide for a variety of uses primarily involving light manufacturing, assembly and fabrication, warehousing, whole- saling, and office uses. Exterior storage is al- lowed with some restrictions and must be screened from view from both the public right- of-way and surrounding privately owned prop- erty. 1. Principal permitted uses shall be lim- ited to: a. Railroads and public or quasi - public utilities b. Corporate offices c. Medical/dental lab d. Mail-order houses e. Printing and publishing f. Laboratories for research and en- gineering g. Moving/storage facilities h. Wholesale sales/distributor i. Freight transfer facilities j. Vending / game machine sales/service k. Cold storage/locker plants I. Packing and processing of meat, dairy or food products, not to in- clude stockyards or slaughter houses m. Tool, die, and pattern making n. Manufacture, assembly, repair or storage of electrical and electronic products, components, or Page 876 of 2498 Book 153 Regular Session, February 20, 2023 61 equipment Response Compensation and o. Warehousing and storage facili- Liability Act; 40 C.F.R. Section ties, not to include mini -ware- 3-2.4; and Section 302 of the houses Superfund Amendments and p. Manufacturing, processing, fabri- Reauthorization Act of 1986. cation, assembling, packaging or 9) If the applicant is subject to the other comparable treatment of requirements of Section 302 of goods or materials, entirely within the Superfund Amendments enclosed buildings and Reauthorization Act of 2. Conditional uses shall be limited to 1986, the Emergency Manage - the following: ment Director shall certify a. Day care center, within a primary whether or not the applicant has office/industrial building or as an submitted a current inventory of accessory structure on the same extremely hazardous sub - lot. Day care centers are subject stances kept or stored on the to state and local regulations. premises. If any such extremely 1) Indoor floor area (excluding hazardous substances are kept halls and bathrooms) must be or stored on the premises, the provided per child in areas occu- applicant shall also post in a pied by cribs as per State Code. conspicuous place on the prem- 2) Indoor floor area (excluding ises a notice indicating a de - halls and bathrooms) must be scription of the extremely haz- provided per child in areas not ardous substances, and the occupied by cribs times the Ii- physical and health hazards censed capacity as per State presented by such substances. Code; 3. Accessory uses shall be limited to the 3) Fenced outdoor recreation following: space, must be provided per a. Retail outlets within a primary of - child using the space at a given fice/industrial building, selling time as per State Code. products produced on -site and 4) Such facility shall provide for only as accessory to the principal the loading and unloading of use. children so as not to obstruct b. Any use customarily incidental public streets or create traffic or and subordinate to the principal safety hazards. use it serves. 5) All licenses have been issued 4. Temporary uses shall be limited to or have been applied for await- the following - Any use listed as a per- ing the outcome of the Board's mitted use within the PUD District of a decision. limited duration as established in Sec- 6) No group day care center may tion 3-19 Temporary Uses of the Unified be located within the same Development Code. structure as any gas station, Zone D: General Purpose and Description. bar/tavern, automated gas sta- Zone D is intended to provide appropriate loca- tion or any facility selling, servic- tions for heavy industrial uses. Exterior storage ing, repairing, or renting vehi- is allowed, provided it is screened from view cles. from public right-of-way. 7) The parking group require- 1. Principal permitted uses shall be lim- ments can be met. ited to: 8) The conditional use applicant a. Railroads and public or quasi - certifies that the premises on public utilities which the group day care center b. Corporate offices will be located complies with, c. Mail order houses and will for so long as the group d. Printing and publishing day care center is so located, e. Laboratories for research and en - continue to comply with all local, gineering state and federal regulations f. Moving/storage facilities governing hazardous sub- g. Wholesale sales/distributor stances, hazardous wastes, and h. Freight transfer facilities hazardous materials, including, i. Fuel and ice dealers but not limited to Iowa Code j. Cold storage/locker plants chapter 455E (1991); 42 U.S.C. k. Packing and processing of meat, Section 9601 of the Federal dairy or food products, not to in - Comprehensive Environmental clude stockyards or slaughter Page 877 of 2498 Book 153 Regular Session, February 20, 2023 62 houses hazardous materials, including, I. Compounding, processing, and but not limited to Iowa Code packaging of chemical products chapter 455B (1 991); 42 U.S.C. m. Manufacture, assembly, repair or Section 9601 of the Federal storage of electrical and electronic Comprehensive Environmental products, components, or equip- Response Compensation and ment). Liability Act; 40 C.F.R. Section n. Warehousing and storage facili- 3-2.4; and Section 302 of the ties, not to include mini -ware- Superfund Amendments and houses Reauthorization Act of 1986. o. Manufacturing, processing, fabri- 9) If the applicant is subject to the cation, assembling, packaging or requirements of Section 302 of other comparable treatment of the Superfund Amendments goods or materials and Reauthorization Act of 2. Conditional uses shall be limited to 1986, the Emergency Manage - the following: ment Director shall certify a. Day care center, within a primary whether or not the applicant has office/industrial building or as an submitted a current inventory of accessory structure on the same extremely hazardous sub - lot. Day care centers are subject stances kept or stored on the to state and local regulations. premises. If any such extremely 1) Indoor floor area (excluding hazardous substances are kept halls and bathrooms) must be or stored on the premises, the provided per child in areas occu- applicant shall also post in a pied by cribs as per State Code. conspicuous place on the prem- 2) Indoor floor area (excluding ises a notice indicating a de - halls and bathrooms) must be scription of the extremely haz- provided per child in areas not ardous substances, and the occupied by cribs times the Ii- physical and health hazards censed capacity as per State presented by such substances. Code. 3. Accessory uses shall be limited to the 3) Fenced outdoor recreation following: space must be provided per a. Retail outlets within a primary of - child using the space at a given Tice/industrial building, selling time as per State Code. products produced on -site and 4) Such facility shall provide for only as accessory to the principal the loading and unloading of use. children so as not to obstruct b. Any use customarily incidental public streets or create traffic or and subordinate to the principal safety hazards. use it serves. 5) All licenses have been issued 4. Temporary uses shall be limited to or have been applied for await- the following - Any use listed as a per- ing the outcome of the Board's mitted use within the PUD District of a decision. limited duration as established in Sec- 6) No group day care center may tion 3-19 Temporary Uses of the Unified be located within the same Development Code. structure as any gas station, Zone E: General Purpose and Description. bar/tavern, automated gas sta- Zone is intended to provide a location for busi- tion or any facility selling, servic- nesses that require exterior handling or storage ing, repairing, or renting vehi- of materials or equipment. Exterior handling or cles. storage is allowed, except along Seippel Road, 7) The parking group require- where it is prohibited. ments can be met. 1. Principal permitted uses shall be lim- 8) The conditional use applicant ited to: certifies that the premises on a. Public or quasi -public utilities which the group day care center b. Corporate offices will be located complies with, c. Mail-order houses. and will for so long as the group d. Printing and publishing day care center is so located, e. Laboratories for research and en - continue to comply with all local, gineering state, and federal regulations f. Moving/storage facilities governing hazardous sub- g. Wholesale sales/distributor stances, hazardous wastes, and h. Freight transfer facilities. Page 878 of 2498 Book 153 Regular Session, February 20, 2023 63 i. Fuel and ice dealers f. Construction of dams, reservoirs, j. Cold storage/locker plants or detention ponds k. Packing and processing of meat, 2. Conditional uses reserved for future dairy or food products, not to in- use. clude stockyards or slaughter 3. Accessory uses shall be limited to the houses following: I. Compounding, processing, and a. Any use customarily incidental or packaging of chemical products subordinate to the principle use it m. Manufacture, assembly, repair or serves. storage of electrical and electronic 4. Temporary uses reserved for future products, components, or equip- use. ment C. Lot and Bulk Regulations. n. Warehousing and storage facili- Development of land in Zones A, B, C, D, ties, not to include mini -ware- E and O shall be regulated as follows: houses 1. All building structures and activities o. Manufacturing, processing, fabri- shall be located in conformance with cation, assembling, packaging or the [provided] conceptual development other comparable treatment of plan and all final site development plans goods or materials entirely within shall be approved in accordance with enclosed buildings provisions of the PUD District regula- p. Contractor's shop/yard tions of this ordinance and of Section 5- q. Recycling industries entirely 24 PUD Planned Unit Development of within enclosed buildings with no the Unified Development Code. outdoor storage 2. All buildings related features in r. Timber processing Zones A, B, C, D, E and O shall be in 2. Conditional uses reserved for future accordance with the following bulk reg- use. ulations chart: 3. Accessory uses shall be limited to the Zone, Minimum Lot area In Acres, Lot following: Frontage Minimum, Front Yard Set- a. Retail outlets within a primary of- back Min. Ft., Side Yard Setback Min. fice/industrial building, selling Ft., Rear Yard Setback Min. Ft., Build - products produced on -site and ing Height Max. Ft. only as accessory to the principal A, 1/2 acre, 100, 20, 10*, 20, 30 use. B, 2 acres, 100, 50, 10, 25, 50 b. Any use customarily incidental C, 2 acres, 100, 50, 25, 25, 75 and subordinate to the principal D, 2 acres, 100, 50, 25, 50, 100 use it serves. E, 2 acres, 100, 50, 10, 25, 50 4. Temporary uses shall be limited to O, N/A, N/A, N/A, N/A, N/A, N/A the following - Any use listed as a per- *0-foot side yard setbacks from prop- mitted use within the PUD District of a erty lines shall be permitted for at - limited duration as established in Sec- tached buildings. tion 3-19 Temporary Uses of the Unified a. Lots smaller than minimum will be Development Code. allowed if the parcel is consoli- Zone O: General Purpose and Description. dated or combined with a larger Zone O is intended to serve as an amenity to lot. Substations for public and the industrial park, providing open space and quasi -public utilities shall be ex - control of storm water to protect downstream empt from lot frontage and lot area properties. requirements. 1. Principal permitted uses shall be lim- b. Maximum lot coverage shall be ited to: 80 percent. All building and vehi- a. Railroads and public or quasi- cle related features shall be con - public utilities sidered when calculating total b. Parks, nature areas, play- land area coverage, except fire grounds, and similar recreational lanes and railroad tracks. uses c. Maximum building height shall be c. Picnic areas as stipulated in the bulk regula- d. Recreational trails tions chart above, except the fol- e. Club houses, shelter houses, ten- lowing may exceed the height nis courts, or playground equip- limit: cooling towers, condensers, ment, or other recreational build- elevator bulkheads, stacks and ings and structures when associ- other necessary mechanical ated with parks, nature areas, equipment and their protective playgrounds, recreational facilities Page 879 of 2498 Book 153 Regular Session, February 20, 2023 64 housing. Heating, ventilating, and Industrial Center West air conditioning (HVAC) equip- a) Entrance signs ment is limited to 10 ft. above b) Directory signs height limitation, except in Zone A 2) Company primary signs: limited where 30 ft. maximum height in- to identification of uses in Zones cludes HVAC equipment. B, C, D and E d. Within required front, side, and a) Identification of company rear setbacks, only driveways, fire name lanes, railroad tracks, open space b) Identification of company features, and primary and second- products or services by ge- ary signage are allowed. Parking neric name only lots may encroach up to 50% into c) Graphic symbol or logo a required front yard setback. identified with the company D. Parking and Loading Regulations 3) Commercial primary signs: lim- 1. All vehicle -related features, except ited to identification of uses in for railroad tracks, shall be surfaced Zone A with either asphalt or concrete. a) Identification of business 2. All parking and loading spaces shall name be delineated on the surfacing material b) Identification of business by painted strips or other permanent products or services by ge- means. neric names only 3. The number, size and design of park- c) Graphic symbol or logo ing spaces shall be governed by appli- identified with the business cable provisions of City of Dubuque 4) Secondary signs: allowable in Unified Development Code. all zones 4. The number, size and design and lo- a) Street address cation of parking spaces designated for b) Directional messages nec- persons with disabilities shall be ac- essary for the safe and effi- cording to the local, state, or federal re- cient flow of vehicular and quirements in effect at the time of devel- pedestrian traffic on the lot opment. c) Identification of visitor en- 5. The location and number of private trances to the building, ship - driveway intersections with public ping, and receiving docks streets shall be reviewed and approved and other delivery points by the City Engineer. Access shall gen- d) Identification of assigned erally be limited to internal streets. parking spaces and parking 6. No on -street maneuvering of delivery spaces accessible to per - vehicles will be allowed on any street. sons with disabilities Lots shall provide all necessary maneu- e) Temporary announcements vering space for delivery vehicles within of pending or new construc- the boundaries of the lots. tion 7 All loading docks for shipping and re- f) Commemorative messages ceiving of raw and manufactured goods b. Schedule of sign regulations: al - shall be designed to provide for the di- lowable structural type, size, num- rect movement of goods between the ber, and height shall be limited to delivery vehicle and the interior of the the following requirements. building. Type of Sian, Max. Size, Max. Number, AI- lowable Structure Type, Max. Height* E. Sign Regulations Industrial Center Entrance Signs, 200 sq. ft. 1. Applicability of Cit of Dubuque Ordi- nances: The provisions of Section 15 per sign face, Six (6) signs, Monument, Signs of the Unified Development Code 12 ft. shall apply unless further regulated by Industrial Center Directory Signs, 30 sq. ft. this section. per sign face, Three (3) signs, Monument, 2. Off -Premise Signs: Off -premise signs 8 ft. shall be prohibited. Company Primary Signs, 10% of building 3. On -Premise Signs: On -premise signs wall sign is mounted on or 400 total sq. ft. shall be erected or constructed in ac- of sign area, whichever is less, 2 signs cordance with the following regulations. per street frontage per business, Wall a. Allowable content: signs, mes- mounted, Below eave or parapet sages and graphics shall be lim- Company Primary Signs, 150 sq. ft. per ited to the following contents: sign face, 1 sign per business restricted 1) Industrial Center signs: limited to interior street frontages only, Monu- to identification of Dubuque ment, 10 ft. Page 880 of 2498 Book 153 Regular Session, February 20, 2023 65 Commercial Primary Signs, 100 sq. ft. per 1. Exterior storage of materials, which sign face, 2 signs per business provided could be blown into the air or strewn only 1 sign may be a monument - style about by the wind, shall be prohibited. sign, Wall mounted, Below eave or para- 2. Exterior storage, where allowed, pet shall not encroach into a front yard. A Commercial Primary Signs, 100 sq. ft. per front yard may exceed the required sign face, 2 signs per business provided front yard setback. only 1 sign may be a monument - style 3. The ground area coverage of exterior sign, Monument, 10 ft. storage areas shall be the area con - Secondary Signs, 6 sq. ft. per sign face, No tained inside the required screening. maximum number, Wall mounted, Below This area shall be considered to be a eave or parapet building -related feature for purposes Secondary Signs, 6 sq. ft. per sign face, No of calculating total land area cover - maximum number, Monument, 6 ft. ages. *The height of monument -style signs shall be 4. Exterior storage (where allowed) measured average grade to top of sign struc- must be screened from view from ad- tures. jacent public right-of-way. In Zone C, c. Variances: Variances from sign exterior storage must be screened requirements for size, number and from both the public right-of-way and height may be requested. Such surrounding privately owned property. variances shall be reviewed by the 5. The screening height shall be meas- Zoning Board of Adjustment in ac- ured from the ground level outside the cordance with Section 86 Vari- line of the screen. Screens built on ance Procedure of the Unified De- sloping grades shall be stepped so velopment Code. that their top line shall be horizontal. d. Lighting: Signs may be illumi- 6. Required screening is intended to nated only by means of indirect buffer surrounding property from the lighting, whereby all light sources negative visual impact created by the and devices are shielded from storage of raw or finished goods, ma - view by opaque or translucent ma- terials and equipment that can ad- terials, or internally illuminated by versely impact the value of adjacent means of a light source com- property. pletely enclosed by the sign panel. 7. The City Planner may grant a waiver e. Motion: No signs may include any for screening to exceed the maximum device or means, mechanical, height allowed, when topography or electrical, or natural, which shall height of individual finished products cause any motion of the sign or equipment could make it impossi- panel or any part thereof. No ble to completely screen a storage flashing lights or changing colors area from every vantage point. The shall be allowed. City Planner may not grant waiver in F. Exterior Storage Regulations - maximum screening height for raw Exterior storage shall be in ac- materials or stacked goods. cordance with the following regu- 8. All exterior entrances to a screened lations: storage area shall be provided with a Zone, Allowable Products Stored, Allowa- gate or door of similar design to that of the screen. 9. Long-term storage of products or ma - terials in semi -trailers or shipping con - ble Location, Allowable Screening Materi- als, Minimum Opacity, Maximum Height of Screening A, PROHIBITED tainers is prohibited. B, PROHIBITED G. Exterior Trash Collection Area Re- C, Finished Goods, Rear or side yards, quirements Synthetic materials, wood, masonry, 1. Exterior trash collection areas shall brick or stone similar to building color, include collection bins, dumpsters, 50%, 10 ft. and similar waste receptacles for the D, Raw or finished goods; equipment, short-term storage and collection of Rear or side yards, Similar to building trash. Trash shall include garbage, color, 50%, 12 ft., Raw of finished scrap, recyclables, debris, and similar goods; equipment, Rear or side yards, materials. Similar to building color, 100%, 15 ft. 2. The storage of trash shall be limited O, PROHIBITED to that produced by the principal per - 'Exterior storage is prohibited on lots front- mitted use and accessory uses of the ing Seippel Road. lot. Exterior storage of trash, which could be blown into the air or strewn Page 881 of 2498 Book 153 Regular Session, February 20, 2023 66 about by the wind, shall be prohibited. street tree policy. Existing trees and 3. The ground area coverage of exterior shrubs to be retained on site may be trash collection areas shall be the counted toward fulfillment of the land - area contained inside the required scaping requirements. screening. This area shall be consid- a. Minimum tree planting require- ered a building -related feature for pur- ments for any new development in poses of calculating total land area the Dubuque Industrial Center coverages. West shall be one (1) tree of the 4. Exterior trash collection areas shall following size per 1,600 square ft. be located in rear or side yards only. of required open space: Exterior trash collection areas shall 1) 40% minimum: 2-2 1/2" caliper not encroach into a front yard. A front diameter deciduous and/or 8- yard may exceed the required front foot height or greater evergreen. yard setback. 2) Balance: 1 1/2 - 2" caliper diam- 5. All exterior trash collection areas and eter deciduous and/or 6-foot the materials contained therein shall height evergreen. be screened from view from the adja- b. Minimum shrub requirements at cent public right-of-way. the time of planting for any devel- 6. The screening shall be a completely opment in the PUD District, shall opaque fence, wall or other feature be 6 shrubs, or 1 shrub per 1 ,000 not exceeding a height of 10 ft. meas- square ft. of required open space, ured from the ground level outside the whichever is greater. Shrubs shall line of the screen. Screens built on be a minimum of 18" height or sloping grades shall be stepped so minimum of one (1) gallon potted. that their top line shall be horizontal. 3. Landscape berms and/or plantings 7. Exposed materials used to construct shall be required as screening for the opaque screen shall be similar in parking areas adjacent to public appearance to materials used for ex- streets and shall be a minimum of terior building walls. All exterior en- three (3) ft. in height and can utilize trances to a screened trash area shall natural grade changes to achieve the be provided with a gate or door of sim- required 50% opacity landscaping ilar design to that of the screen. screen. Parking lot screening is in ad- 8. If a 10-foot-high screen fails to shield dition to required landscaping of open the exterior trash collection area from space areas. view from the adjacent public right -of- 4. Trees shall be provided in all parking way, evergreen plantings may be re- lot islands, which are of sufficient size quired in addition to the screening. to ensure the growth and survival of Evergreen plant materials shall be se- the trees. Trees planted in parking lot lected and designed so that they will islands may be counted toward the screen the area from the adjacent minimum tree planting requirements. public right-of-way within five (5) 5. The developer of any lot fronting years. Seippel Road and/or Chavanelle H. Landscaping Regulations- The follow- Road shall participate in the planting ing Landscape Regulations shall apply to trees compatible in species and spac- each lot: ing with tree plantings, which have 1. Plant Materials: The open space area previously been completed by the City of each lot shall be planted with per- along said streets. manent lawn and ground covers, 6. The installation of required planting shrubs, and trees. It is the intent of materials may be phased in direct these regulations that the develop- proportion to the phasing of building ment of required open spaces shall construction. Required landscaping reflect a high quality of environmental shall be installed by the date the design. Building Services Department issues 2. Landscaping: The following is the an occupancy certificate, or if winter minimum requirement of trees and weather prevents planting, within six shrubs, by number and size, and the months of being issued an occupancy type of ground cover required. Street certificate. trees planted in public street right -of- 7. To reduce erosion, all disturbed open way shall not be counted toward ful- space areas shall have ground cover fillment of the minimum site require- of grass or native vegetation, which is ments set forth below. Plant species installed as sod, or seeded, fertilized, to be used for landscaping shall be in and mulched. accordance with the City of Dubuque 8. The lot owner is required to replant Page 882 of 2498 Book 153 Regular Session, February 20, 2023 67 any and all plant materials, which be located in accordance with the fol- have died due to any cause during the lowing requirements. effective period of this PUD Ordi- a. Service Lines: All electrical, tele- nance. phone cable and other similar util- 9. A detailed landscape plan shall be re- ity lines serving the building and quired as part of submittal for final site other site features shall be located development plan approval. underground. 10. The area between the public street b. Mechanical Equipment: All and the right-of-way line shall be ground -mounted electrical trans- planted with grass and maintained by formers, switching gear, relay the lot owner. boxes, meters, air conditioning 11. Industrial Center landscaping: Com- units, heat pumps and other simi- mon areas and streetscapes of the lar mechanical equipment shall be PUD District shall be in accordance screened from view. Screening with the landscape plan, a copy of may consist of plantings or ma - which is [provided] and made a part of sonry walls. Plantings shall this PUD ordinance. achieve 50% opacity after three I. Performance Standards - The develop- (3) growing seasons and a ma- ment and maintenance of uses in this sonry wall shall appear to be an PUD District shall be established in con- integral part of the building's over- formance with the following standards: all architectural design. 1. Site Lighting: exterior illumination of 3. Site Plans: Final site development site features and location and design of plans shall be submitted in accord - site lighting shall be in accordance with ance with Section 12 Site Plans of the the following requirements: Unified Development Code prior to a. Exterior Illumination of site fea- construction of each building and ve- tures shall be limited to the illumi- hicle-related feature unless otherwise nation of the following: exempted by Section 12 Site Plans. 1) Parking areas, driveways and 4. Storm Water Conveyance: The de - loading facilities veloper of each lot shall be responsi- 2) Pedestrian walkway surfaces ble for providing surface or subsur- and entrances to building face conveyance(s) of storm water 3) Screened storage areas from the lot to existing storm sewers 4) Building exterior or to flow line of open drainage ways b. Location and design of site light- outside the lot in a means that is sat- ing shall be in accordance with the isfactory to the Public Works Depart - following requirements: ment of the City of Dubuque. Other 1) All exterior lighting shall be de- applicable regulations enforced by signed, installed, and main- the City of Dubuque relative to storm tained so as not to cause glare water management and drainage or to shine in adjacent lots and shall apply to properties in the PUD streets. District. 2) No light source shall provide il- 5. Platting: The conceptual develop- lumination onto adjacent lots, ment plan shall serve as the prelimi- buildings, or streets in excess of nary plat for this PUD District. Subdi- 1 .0-foot candle. vision plats and improvement plans 3) All exterior lighting luminaries shall be submitted in accordance with shall be designed and installed Chapter 11 Land Division of the City to shield light from the luminaire of Dubuque Unified Development at angles above 72 degrees Code. from vertical. 6. Noises: Noises generated within the 4) Fixtures mounted on a building PUD District shall be regulated by shall not be positioned higher Chapter 33, Article IV Noises, of the than the roofline of the building. City of Dubuque Code of Ordinances. 5) Wooden utility type poles are 7. Street Lighting: Streetlights shall be acceptable only for temporary installed in accordance with City of use during construction. Dubuque standards. 6) All electrical service lines to 8. Flood Plain Regulations: The area of posts and fixtures shall be un- the PUD District that lies within the derground and concealed inside flood plain of Catfish Creek shall be the posts. subject to the regulations of Section 2. Utility Locations: Service lines and 6-4 Flood Hazard Overlay Districts of mechanical equipment for utilities shall the Unified Development Code. Page 883 of 2498 Book 153 Regular Session, February 20, 2023 68 9. Phased construction of Buildings and Industrial designation. Parking Spaces: The construction of L. Transfer of Ownership - Transfer of off-street parking spaces may be ownership or lease of property in this phased in proportion to the percent- PUD District shall include in the transfer age of total building floor area con- or lease agreement a provision that the structed at any one time. Ground area purchaser or lessee acknowledges set aside for future parking, loading awareness of the conditions authorizing spaces or driveways or for parking the establishment of the district. provided in excess of the minimum re- M. Modifications - Any modifications of quired number of parking spaces shall this Ordinance must be approved by the not reduce the minimum required City Council in accordance with zoning area for open space. reclassification proceedings of Section 10. Other Codes and Regulations: 9 of the Unified Development Code. These regulations do not relieve an N. Recording - A copy of this ordinance owner from other applicable City, shall be recorded at the expense of the County, State and Federal codes, property owner(s) with the Dubuque regulations, laws, and other controls County Recorder as a permanent rec- relative to the planning, construction, ord of the conditions accepted as part operation, and management of prop- of this reclassification approval within erty in the PUD District. thirty (30) days after the adoption of this J. Open Space and Recreational Areas - ordinance. This ordinance shall be Those areas not designated on the con- binding upon the undersigned and ceptual development plan as 'open" his/her heirs, successors, and assigns. shall be maintained as open space by Section 4. The foregoing amendment has the property owner and/or association. heretofore been reviewed by the Zoning Advi- The recreational trail shall be main- sory Commission of the City of Dubuque, Iowa. tained by the property owner and/or as- Section 5. The foregoing amendment shall sociation. take effect upon publication, as provided by K. Ordinance History law. 1. ORD 32-18: Rescinding Ord. No. 83- Passed, approved, and adopted this 20'h 04, No. 07-02, and No. 14-98 and re- day of February, 2023. zoning an approximately 124-acres of /s/Brad M. Cavanagh, Mayor property from Agricultural District and Attest: /s/Adrienne N. Breitfelder, City Clerk approximately 36-acres of property Published officially in the Telegraph Herald from PI Planned Industrial to the reg- newspaper on the 24th day of February 2023. ulations of the Dubuque Industrial /s/Adrienne N. Breitfelder, City Clerk Center West Planned Unit Develop- ment with a PI Planned Industrial des- 3. Resolution Approving the Disposition of ignation. an Interest in City -Owned Real Estate Pursu- 2. Ord. 83-04: Amending Ord. No. 14- ant to the Development Agreement by and be- 98 and No. 07-02 by reclassifying tween the City of Dubuque and Seippel Ware - hereinafter described property lo- house, LLC, Including the Issuance of Urban cated east of Seippel Road and south Renewal Tax Increment Revenue Grant Obli- of Middle Road from Agricultural Dis- gations: Motion by Jones to receive and file the trict to PUD Planned Unit Develop- documents and adopt Resolution No. 55-23 ment with a PI Planned Industrial des- Approving the disposal of an interest in City of ignation and adopting a conceptual Dubuque owned real estate by sale to Seippel development plan. Warehouse, LLC, pursuant to a Development 3. Ord. 07-02: Reclassifying an approx- Agreement by and between the City of Dubu- imately 25-acre property located east que and Seippel Warehouse, LLC, including of Seippel Road and North of the the issuance of Urban Tax Increment Revenue county farm from Agricultural desig- Obligations to Seippel Warehouse, LLC. Se - nation to PUD Planned Unit Develop- conded by Farber. Randy Schmitt, 3085 Castle ment District with a PI Planned Indus- Woods Ln., Chief Financial Officer of Gronen; trial designation and adopting an and Shawn Hilborn, 17509 Alan Jackson Dr., amended conceptual development Chief Operating Officer of Gronen, summa- plan, with conditions, for the Dubuque rized the project and displayed a layout of the Industrial Center West. proposed updates. Rick Dickinson, 205 Hill St., 4. Ord. 14-98: Reclassifying property lo- President and CEO of Greater Dubuque Devel- cated east and west of Seippel Road opment Corporation, spoke in support of the and north of the county farm from Ag- development agreement. City Council Mem- ricultural designation to PUD Planned bers thanked Gronen and Simmons Pet Food Unit Development with a PI Planned for their work. Motion carried 7-0. Page 884 of 2498 Book 153 Regular Session, February 20, 2023 69 RESOLUTION NO. 55-23 APPROVING THE DISPOSAL OF AN INTER- EST IN CITY OF DUBUQUE OWNED REAL ESTATE BY SALE TO SEIPPEL WARE- HOUSE, LLC, PURSUANT TO A DEVELOP- MENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE AND SEIPPEL WAREHOUSE, LLC, INCLUDING THE ISSU- ANCE OF URBAN TAX INCREMENT REVE- NUE OBLIGATIONS TO SEIPPEL WARE- HOUSE, LLC Whereas, the City of Dubuque is the owner of the property legally described as follows: Lot 2 of Dubuque Industrial Center South First Addition, City of Dubuque, Iowa (the Property); and Whereas, the City Council, by Resolution No. 33-23, dated February 6, 2023, declared its intent to dispose of its interest in the Property by sale to Seippel Warehouse, LLC pursuant to a Development Agreement by and between the City of Dubuque and Seippel Warehouse, LLC, including the issuance of Urban Renewal Tax Increment Revenue Obligations to Seippel Warehouse, LLC.; and Whereas, pursuant to published notice, a public hearing was held on the proposed De- velopment Agreement on February 20, 2023 at 6:30 p.m.; and Whereas, it is the determination of the City Council that sale of the Property and approval of the Development Agreement for redevelop- ment of the Property by Seippel Warehouse, LLC, according to the terms and conditions set out in the Development 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 Development Agree- ment between the City of Dubuque and Seippel Warehouse, LLC., a copy of which is [provided] hereto, including the sale of the Property and the issuance of Urban Renewal Tax Increment Revenue Obligations, is hereby approved. Section 2. That the Mayor is hereby author- ized and directed to execute the Development Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is author- ized to take such actions as are necessary to comply with the terms of the Development Agreement as herein approved. Passed, approved, and adopted this 20th day of February, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk PUBLIC INPUT Regarding Action Item No. 3, Clark Scholz, 2925 Burlington St.; James Stewart, 1425 Uni- versity Ave.; and Jamie Carr, 945 Clark Dr., spoke in opposition to the proposed ordinance. Ryan Sempf, 7819 Commerce Park, Unit 300; spoke on behalf of the Dubuque Area Chamber of Commerce regarding Action Item No. 3, stat- ing that the chamber has yet to determine their position on the item but advised City Council Members refer to the survey results of chamber members regarding the topic. City Clerk Breit- felder stated that written input was received re- garding Action Item No. 3 from the following residents: Ed Dissell, 2208 Suzanne Dr.; Molly Grover, President and CEO of the Dubuque Area Chamber of Commerce; Lance Kirby, 440 Burch St.; Art and Karen Rokusek, 14248 Au- gusta Ct.; and James Ploessl, 825 Harlan St. ACTION ITEMS 1. Resolution Approving First Amendment to Amended and Restated Development Agreement Between the City of Dubuque and Simmons Pet Food, Inc.: Motion by Jones to receive and file the documents and adopt Res- olution No. 56-23 Approving the First Amend- ment to the Amended and Restated Develop- ment Agreement by and between the City of Dubuque and Simmons Pet Food, Inc. Se- conded by Sprank. City Attorney Brumwell stated that there must be a motion to amend Section 6.1 of the Development Agreement due to a late change to the agreement to add language related to the additional jobs that will be created. The change in language indicates an additional 10 full-time equivalents for a total of 281 full-time equivalents may be divided be- tween management and hourly production cat- egories as dictated by Simmons's business needs from time to time. A motion to amend with the change needs to be done to include that language, and then City Council may ap- prove the amended development agreement by returning to the original motion of approving the development agreement, as amended. Mo- tion by Farber to amend the first amendment to the amended and restated development agree- ment by and between the City of Dubuque and Simmons Pet Food, Inc. to incorporate the up- dated language stated by Brumwell regarding Section 6.1 of the development agreement. Se- conded by Roussell. Motion carried 7-0. Returning to the original motion to receive and file and adopt the resolution, as amended, motion carried 7-0. RESOLUTION NO. 56-23 APPROVING THE FIRST AMENDMENT TO THE AMENDED AND RESTATED DEVELOP- MENT AGREEMENT BY AND BETWEEN Page 885 of 2498 Book 153 Regular Session, February 20, 2023 70 THE CITY OF DUBUQUE AND SIMMONS PET FOOD, INC. Whereas, Simmons Pet Food, Inc. entered into an Amended and Restated Development Agreement dated December 9, 2020, with the City of Dubuque, Iowa, providing certain rights and obligations with respect to the property le- gally described as Lot 5 of Dubuque Industrial Center South First Addition in the City of Dubu- que, Iowa (Parcel A) and that part of Lot C of Dubuque Industrial Center South First Addition in the City of Dubuque, Iowa shown on Exhibit B (Parcel B) with all easements, tenements, heredita- ments, and appurtenances belonging thereto so that Developer may further develop Lot 4, Lot 5, and that part of Lot C (hereinafter sometimes referred to as "the Property"), located in the Project Area, for the construction, use, and oc- cupancy of the Facility in accordance with the uses specified in the Urban Re- newal Plan and Developer agrees to comply with any amendments to the Ur- ban Renewal Plan, in accordance with this Agreement (the Property); and Whereas, the City of Dubuque and Sim- mons Pet Food, Inc. now desire to amend the Amended and Restated Development Agree- ment as set forth in the [provided] First Amend- ment to Amended and Restated Development Agreement; and Whereas, the City Council finds that it is in the best interests of the City of Dubuque to ap- prove the First Amendment to Amended and Restated Development Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the First Amendment to Amended and Restated Development Agree- ment by and between the City of Dubuque and Simmons Pet Food, Inc., a copy of which is [provided] hereto is hereby approved. Section 2. That the Mayor is hereby author- ized and directed to execute the First Amend- ment to Amended and Restated Development Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is author- ized to take such actions as are necessary to comply with the terms of the Development Agreement as herein approved. Passed, approved, and adopted this 20th day of February, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Naming Recognition Request — Multicul- tural Family Center: Motion by Resnick to re- ceive and file the documents and approve the naming recognition and naming signage re- quest made by the Multicultural Family Center (non-profit) regarding the Multicultural Family Center. Seconded by Sprank. John Stewart, 2375 Coventry Park Unit A202, Multicultural Family Center Board Member, provided an overview of the proposal. City Council Mem- bers commended the request. Motion carried 7-0. 3. First Reading Proposed Ordinance Auto- mated Speed Enforcement: Motion by Jones to move first reading of the following ordinance: Amending Title 9 Motor Vehicles and Traffic, Chapter 7 Operation, Division 5 Speed Re- strictions by enacting a new Section 9-7- 321.286 Automated Speed Enforcement re- garding automated speed enforcement and the process for challenging an automated speed citation. Seconded by Sprank. Point of Order by Brumwell to add receive and file to the mo- tion. So moved by Jones and seconded by Sprank. Responding to a question from the City Council, Police Chief Jeremy Jensen stated that the Engineering Department does not have any concrete data on speeding and the suggestions for speed camera placement were based on the high number of crashes at spe- cific locations and the number of resident com- plaints regarding speeding at specific loca- tions. City Engineer Gus Psihoyos stated that the department has devices that capture all ve- hicle speeds and advised they be installed in May to avoid potential damage from winter weather. Mr. Psihoyos stated the department currently owns 10 devices and may order more, making the total count up to 15. Re- sponding to questions, City Manager Van Milli- gen stated that there will be signs notifying driv- ers of speed camera locations and that city staff intend to provide City Council will a quar- terly report on speed camera data. After City Council Members deliberated automated speed enforcement at length, a suggestion was made to postpone the ordinance until baseline data is available on the number of vehicles speeding in the city. Responding to a question on the process to delay the ordinance, City At- torney Brumwell stated that postponement could be done definitely to a particular date, or indefinitely. If postponed definitely, then the item would automatically appear on the agenda on the date specified. City Manager Van Milli- gen suggested June 5, 2023, as the definite postponement date. City Council Members also discussed amending the first offense civil fine within the ordinance. Motion by Farber to amend Section D, Item 2, of the proposed ordinance to have the first offense civil fine be $0 for all first of- fenses, regardless of speeding range, thus deeming the first offense a courtesy ticket with- out a fine. Seconded by Roussell. Responding Page 886 of 2498 Book 153 Regular Session, February 20, 2023 71 to questions, City Attorney Brumwell stated that all the fines listed in the first offense col- umn of the Item 2 table will be shifted to the second and subsequent offenses column, and that the ordinance does not contain a timeframe for issuing a second offense civil fine. Motion carried 6-1 with Resnick voting nay. Motion by Jones to postpone discussion on the ordinance until a meeting in June of 2023 when staff is ready to present data to the City Council. Seconded by Farber. Point of Order by Brumwell that the motion should include to postpone the ordinance as amended. So moved by Jones and seconded by Farber. Re- garding a specific date in June to postpone un- til, Jones stated that the June 5, 2023 meeting could be the date, or it could be the June 20, 2023 meeting, depending on when staff will have the data ready. City Attorney Brumwell confirmed that the first reading of the ordinance will remain the action that appears on the agenda if the item is postponed. Responding to a question regarding funeral processions being excused from offenses, City Attorney Brumwell stated that is consistent across ordinances and best practices throughout the state and was in- cluded in the ordinance for consistency. Motion carried 7-0. 4. Automated Speed Enforcement Policy: Responding to a question from the City Coun- cil, City Attorney Brumwell advised that based on the City Council's postponement of Action Item No. 3 until June of 2023, that the motion for this item be to receive and file and place on the June 5, 2023, agenda for further review. Motion by Roussell to receive and file the doc- uments and place the draft Automated Speed Enforcement Policy on the June 5, 2023, agenda for further review. Seconded by Sprank. Motion carried 7-0. 5. Secondary Responder Model: Motion by Jones to receive and file the documents, ap- prove the recommendations on utilizing the In- ternal Working Group as the backbone to a secondary responder model, allow for the ex- ploration of co -locating services in the Federal Building, identify community partners to sup- port the efforts of secondary responders, and continue to pursue funding for co -responder position(s), and listen to the presentation. Se- conded by Roussell. Police Chief Jeremy Jen- sen made a presentation. City Council Mem- bers commended the recommendations and stated that this is a community issue that will take the community's support to address. Mo- tion carried 7-0. 6. Fiscal Year 2024 Recommended Budget: Motion by Resnick to receive and file the documents and listen to the presentation. Seconded by Roussell. City Manager Van Mil- ligen made a presentation on the Fiscal Year 2024 recommended budget. Motion carried 7- 0. 7. Fiscal Year 2024 Budget Hearing Sched- ule: Motion by Jones to receive and file the doc- uments. Seconded by Roussell. Motion carried 7-0. 8. Sanitary Sewer Asset Management Plan Consulting Engineering Services: Motion by Roussell to receive and file the documents, ap- prove releasing a request for qualifications (RFQ) to hire a consultant to assist with the de- velopment of the City's Sanitary Sewer Asset Management Plan, and listen to the presenta- tion. Seconded by Farber. Civil Engineer Max O'Brien made a presentation. Responding to questions from the City Council, Mr. O'Brien stated that the goal of the plan is to develop quantifiable and data driven processes to aid in capital improvement planning and that social and economic impact is considered part of the critical assets. City Council Members stated that the plan will provide good information to share with the public. Motion carried 7-0. 9. Reschedule Sustainable Dubuque Quar- terly Work Session: Motion by Roussell to re- ceive and file the documents and reschedule the July 17th Sustainable Dubuque work ses- sion to Monday, August 7, 2023, at 5:30 p.m. Seconded by Jones. No schedule conflicts were expressed. Motion carried 7-0. Cowel-i=11��*14[a]L1J Motion by Jones to convene in closed ses- sion at 10:22 p.m. to discuss Purchase or Sale of Real Estate — Chapter 21.5(1)(j) Code of Iowa. Seconded by Roussell. 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 ses- sion at 10:37 p.m. stating that staff had been given proper direction. There being no further business, Mayor Cavanagh declared the meeting adjourned at 10:37 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk Page 887 of 2498 Book 153 Special Session, February 21, 2023 72 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 6:30 p.m. on February 21, 2023, in the second -floor Council Chambers of the His- toric Federal Building, 350 W. 6"' Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen. Mayor Cavanagh read the call and stated this is a special session of the City Council called for the purpose of conducting public hearings on certain Fiscal Year 2024 Depart- ment Budgets. PUBLIC HEARINGS FISCAL YEAR 2024 DEPARTMENT BUDG- ETS Fiscal Year 2024 City department budgets were presented by staff from the following de- partments: 1. City Attorney's Office (Legal Services) Fiscal Year 2024 Budget Presentation: Crenna Brumwell, City Attorney; 2. City Clerk's Office Fiscal Year 2024 Budget Presentation: Adrienne Breitfelder, City Clerk; 3. Public Information Office Fiscal Year 2024 Budget Presentation: Randy Gehl, Public Information Officer and Nikki Rosemeyer, Ge- ographic Information Systems (GIS) Coordina- tor; 4. Human Resources Fiscal Year 2024 Budget Presentation: Shelley Stickfort, Human Resources Director; 5. City Manager's Office Fiscal Year 2024 Budget Presentation: Cori Burbach, Assistant City Manager and Gina Bell, Sustainability Co- ordinator; 6. City Council Fiscal Year 2024 Budget Presentation: City Manager Van Milligen. Staff responded to questions from the City Council following their respective presentation. Mayor Cavanagh confirmed the process for City Council Members to suggest amendments to the budget. A City Council Member may pro- pose to add or remove something from a de- partment's budget. Mayor Cavanagh will conduct a straw poll of the City Council Mem- bers to determine if there is majority support for the suggestion. Any items with majority support will be discussed and acted upon at the final budget hearing to adopt the Fiscal Year 2024 budget. City Council Members discussed their interpretations of the budget recommendations and the straw poll process for amending the budget. Mayor Cavanagh advised that any changes to the City Council's budget amend- ment process be discussed at the City Coun- cil's annual goal setting. Council Member Far- ber requested feedback from the City Council on whether there was an interest in considering amending the budget to add the Public Infor- mation Office's Improvement Package re- quests for the GIS Application Specialist (Im- provement Package No. 1) and the GIS Data Analyst Position (Improvement Package No. 4) which were not recommended by the City Man- ager. After discussion, City Council Members decided to consider the suggestions at a later date. City Council Members determined to con- duct further budget hearings before discussing any amendments to add city staff positions to the budget. City Manager Van Milligen stated that recently adopted state legislation extends the deadline to certify the Fiscal Year 2024 budget until April of 2023, so the City Council has the option to reschedule the public hearing to adopt the final budget if additional time is needed to consider the budget recommenda- tions. There being no further business, Mayor Cavanagh declared the meeting adjourned at 10:13 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk Page 888 of 2498 Book 153 Special Session, February 27, 2023 73 CITY OF DUBUQUE, IOWA There being no further business, Mayor CITY COUNCIL PROCEEDINGS Cavanagh declared the meeting adjourned at 9:51 p.m. SPECIAL SESSION OFFICIAL /s/Adrienne N. Breitfelder, CMC, City Clerk The Dubuque City Council met in special session at 6:30 p.m. on February 27, 2023, in the second -floor Council Chambers of the His- toric Federal Building, 350 W. 6'h Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick, Roussell, Sprank, Wethal (attended virtually); City Manager Van Milligen. Mayor Cavanagh read the call and stated this is a special session of the City Council called for the purpose of conducting public hearings on certain Fiscal Year 2024 Depart- ment Budgets. PUBLIC HEARINGS FISCAL YEAR 2024 DEPARTMENT BUDG- ETS Fiscal Year 2024 City department budgets were presented by staff from the following de- partments: 1. Health Services Fiscal Year 2024 Budget Presentation: Mary Rose Corrigan, Public Health Director. 2. Library Fiscal Year 2024 Budget Presen- tation: Nick Rossman, Library Director. 3. Airport Fiscal Year 2024 Budget Presen- tation: Todd Dalsing, Airport Director. 4. Office of Shared Prosperity and Neigh- borhood Support Fiscal Year 2024 Budget Presentation: Anderson Sainci, Director of the Office of Shared Prosperity and Neighborhood Support; and Temwa Phiri, Community En- gagement Coordinator. 5.Office of Equity and Human Rights Fiscal Year 2024 Budget Presentation: Gisella Ait- ken-Shadle, Chief of Equity and Human Rights. 6. Finance Fiscal Year 2024 Budget Presentation: Jennifer Larson, Chief Financial Officer; and Rose Hoerner, Utility Billing Super- visor. Staff responded to questions from the City Council following their respective presentation. Abhishek Rai, 3674 Pennsylvania Ave., pro- vided input during Public Hearing No. 4 in sup- port of the department's outreach efforts to mi- nority businesses. Page 889 of 2498 Book 153 Regular Session, March 6, 2023 74 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on March 6, 2023, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6"' Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attor- ney Brumwell. Mayor Cavanagh read the call and stated this is a regular session of the City Council called for the purpose of conducting such busi- ness that may properly come before the City Council. PLEDGE OF ALLEGIANCE City Clerk Breitfelder announced that Pub- lic Hearing No. 2: Public Hearing for Sale of City -Owned Property at 612 Lincoln Avenue, was removed from the meeting. PRESENTATION(S) 1. 2023 Governor's Arts Award for Arts Ser- vice Recognition for Arts & Cultural Affairs Manager Jenni Petersen -Brant: David Schmitz, Administrator with the Iowa Arts Council; and Nick Halder, Chair of the Arts and Cultural Affairs Advisory Commission, recog- nized Arts & Cultural Affairs Manager Jenni Pe- tersen -Brant for receiving a 2023 Governor's Arts Award for Arts Service. PROCLAMATION(S) 1. Irish American Heritage Month (March 2023) was accepted by Patrick Leonard on be- half of the Ancient Order of Hibernians Dubu- que Division #2. 2. National Kidney Month (March 2023) was accepted by Mary and Barry Murphy on behalf of the National Kidney Foundation. 3. AmeriCorps Week (March 12 - 18, 2023) was accepted by AmeriCorps and Volunteer Services Coordinator Sarah Berna and Com- munity Impact Director Heather Satterly on be- half of the City of Dubuque AmeriCorps Pro- gram. 4. Honeybee Day (March 16, 2023) was ac- cepted by H.R. Cook on behalf of the Iowa Honey Producers Association and Swiss Val- ley Bee Club. CONSENT ITEMS Council Member Jones requested Item No. 5 be held for separate discussion. Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indi- cated, except for Item No. 5. Seconded by Wethal. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 2/20/23 and 2/21/23; Civil Service Commission of 2/8/23 and 2/20/23; Resilient Community Advisory Com- mission of 1/5/23 and 2/2/23; Proof of Publica- tion for City Council Proceedings of 2/6/23. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Brenda At- kinson for property damage; Jacqueline Budde for vehicle damage; Colin Hollenback for vehi- cle damage; Victor Mowery for vehicle dam- age; Tonia Nicholson for vehicle damage; Wayne Ramaker for vehicle damage. Upon motion the documents were received, filed, and referred to the City Attorney. 3. Disposition of Claims: City Attorney ad- vised that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Brenda Atkinson for property damage; Jacqueline Budde for vehicle damage; Steven Grutzmacher for property damage; Colin Hol- lenback for vehicle damage; Michael Lange for vehicle damage; John Lockwood for vehicle damage; Victor Mowery for vehicle damage; Tonia Nicholson for vehicle damage; Wayne Ramaker for vehicle damage. Upon motion the documents were received, filed, and con- curred. 4. Approval of City Expenditures: Upon mo- tion the documents were received and filed, and Resolution No. 57-23 Authorizing the Chief Financial Officer/City Treasurer to make cer- tain payments of bills that must be paid and ap- proved for payment in accordance with City procedures was adopted. RESOLUTION NO. 57-23 AUTHORIZING THE CHIEF FINANCIAL OF- FICER / CITY TREASURER TO MAKE CER- TAIN 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 Page 890 of 2498 Book 153 Regular Session, March 6, 2023 75 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 gen- erally accepted internal control procedures and have been determined to have been requisi- tioned for a lawful municipal purpose; and Whereas, the Chief Financial Officer -City Treasurer has provided a list of Expenditures [provided] 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 Fi- nancial Officer -City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is [provided] 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 pay- ment 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 ac- cordance with approved budget appropria- tions. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Chief Fi- nancial Officer are hereby authorized and di- rected to provide the statement of receipts and disbursements to the City Council, and to pub- lish a summary thereof. Passed, approved, and adopted this 6"' day of March, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Announcement of Solid Waste Agency Administrator Ken Miller serving as incoming President of the North American Hazardous Materials Management Association (NAHMMA): Council Member Jones congratu- lated Solid Waste Agency Administrator Ken Miller for serving as incoming President of NAHMMA. Motion by Jones and receive and file the documents. Seconded by Roussell. Mo- tion carried 7-0. 6. 2023 Asphalt Overlay Curb Ramp Pro- ject 2: Upon motion the documents were re- ceived, filed, and made a matter of record. 7. Submittal of Fiscal Year 2022/Program Year 2021 Community Development Block Grant Consolidated Annual Performance and Evaluation Report (CAPER): Upon motion the documents were received and filed, and Reso- lution No. 58-23 Acknowledging the submission of a Consolidated Annual Perfor- mance and Evaluation Report (CAPER) for the period commencing July 1, 2021 and conclud- ing June 30, 2022 was adopted. RESOLUTION NO. 58-23 ACKNOWLEDGING THE SUBMISSION OF A CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) FOR THE PERIOD COMMENCING JULY 1, 2021 AND CONCLUDING JUNE 30, 2022 Whereas, the City of Dubuque, Iowa, is an entitlement grant recipient under the Commu- nity Development Block Grant (CDBG) Pro- gram of the U.S. Department of Housing and Urban Development (HUD); and Whereas, the CDBG regulations require each entitlement recipient must submit a per- formance and evaluation report, Consolidated Annual Performance and Evaluation Report (CAPER); and Whereas, the City has 1) prepared a CA- PER for the program year commencing July 1, 2021 and concluding June 30, 2022; 2) pub- lished notice of availability of the CAPER in the Telegraph Herald and City of Dubuque website on February 1, 2023 and; 3) made copies of the CAPER available for public review; 4) held a public hearing pursuant to required 15-days published notice before the Community Devel- opment Advisory Commission on February 22, 2023. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Consolidated Annual Performance and Evaluation Report (CAPER) for the period commencing July 1, 2021, and concluding June 30, 2022, is hereby approved for submission upon the completion of the Pub- lic Hearing held on February 22, 2023. Section 2. That the Mayor of the City of Dubuque is hereby acknowledging the Consol- idated Annual Performance and Evaluation Re- port (CAPER) was submitted on behalf of the City of Dubuque, Iowa. Section 3. That the City Manager or his de- signee of the City of Dubuque is hereby ac- knowledging staff submitted the Consolidated Annual Performance and Evaluation Report (CAPER) along with any public comment to the U.S. Department of Housing and Urban Devel- opment. Passed, approved, and adopted this 6th day of March 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 8. Community Development Block Grant Fiscal Year 2023 Annual Action Plan Amend- ment #1: Upon motion the documents were re- ceived and filed, and Resolution No. 59-23 Adopting the Fiscal Year 2023 (Program Year Page 891 of 2498 Book 153 Regular Session, March 6, 2023 76 2022) Community Development Block Grant (CDBG) Annual Action Plan Amendment #1 was adopted. RESOLUTION NO. 59-23 ADOPTING THE FISCAL YEAR 2023 (PRO- GRAM YEAR 2022) COMMUNITY DEVELOP- MENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN AMENDMENT #1 Whereas, the City of Dubuque, through a series of public meetings and hearings, pro- posed a Fiscal Year 2023 (Program Year 2022) Community Development Block Grant Annual Action Plan for inclusion in the City Budget ad- dressing housing and non -housing needs in the community; and Whereas, the Community Development Advisory Commission held a public hearing on February 22, 2023 to receive community input on the first amendment to the Fiscal Year 2023 (Program Year 2022) Community Develop- ment Block Grant Annual Action Plan; and Whereas, the Community Development Advisory Commission unanimously recom- mended the City Council approve Amendment #1 to the Fiscal Year 2023 (Program Year 2022) Community Development Block Grant Annual Action Plan on February 22, 2023. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Community Develop- ment Block Grant Fiscal Year 2023 (Program Year 2022) Annual Action Plan Amendment #1, [provided] hereto and by this reference made a part hereof, is hereby approved. Section 2. The City Manager or his de- signee of the City of Dubuque is hereby author- ized to directed staff to prepare and submit to the United States Department of Housing and Urban Development the Fiscal Year 2023 (Pro- gram Year 2022) Annual Action Plan Amend- ment #1 with all related documents, for the use of Community Development Block Grant funds based on this adopted budget and execute standard contracts and agreements. Passed, approved, and adopted this 61' day of March 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 9. Notice of Award and Request for Execu- tion of Agreement for Volunteer DBQ: City Vol- unteer Engagement Initiative: Upon motion the documents were received, filed, and approved. 10. Assistance to Firefighters Grant: Upon motion the documents were received, filed, and approved. 11. Menard Inc. Property Tax Appeal Stip- ulation of Settlement: Senior Counsel transmit- ted notice of a stipulation of settlement and the proposed settlement agreement for a property tax appeal filed by Menard Inc. for their prop- erty located at 5300 Westside Drive. Upon mo- tion the documents were received and filed. 12. Mediacom Communications Corpora- tion Correspondence on Rate Adjustments: Correspondence from Lee Grassley, Senior Manager of Government Relations for Media - corn Communications Corporation, informing the city of rate adjustments being implemented on or about April 1, 2023. Upon motion the doc- uments were received and filed. 13. Approval of 2022 City Council Official Proceedings: Upon motion the documents were received, filed, and approved. 14. Approval of Retail Alcohol Licenses: Upon motion the documents were received and filed, and Resolution No. 60-23 Approving ap- plications for retail alcohol licenses, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 60-23 APPROVING APPLICATIONS FOR RETAIL ALCOHOL LICENSES, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDI- NANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CON- TROL, ARTICLE B LIQUOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for retail alcohol li- censes have been submitted and filed with the City Council for approval, and the same have been examined, provisionally approved, and/or approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City, and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Clerk is hereby author- ized and directed to cause to be issued at the noted premise address to the following appli- cants pending submission of the locally re- quired documentation: New Applications Dungeon LTD, 302 Locust St. Panchero's Mexican Grill, 4840 Asbury Rd. Renewals BP Fuel, 1450 Loras Blvd. Clarke University, 1550 Clarke Dr. Dubuque Lodge No. 355, 2635 Windsor Ave. Foodie Garage Eatery, 1046 Central Ave. Page 892 of 2498 Book 153 Regular Session, March 6, 2023 77 Hilton Garden Inn & Q Casino & Houlihan's, 1801, 1805, and 1855 Greyhound Park Dr. Lot One, LLC, 100 Main St. Old Chicago Pizza And Taproom, 3100 Dodge St. Olive Garden Italian Rest., 3350 Dodge St. Shenanigans, 3203 Jackson St. Whiskey River, 1070 University Ave. Special Event(s) per Special Event Application Submittal HAVlife Tri-State Martini Shake Off 3-6-23 to 3-10-23, Diamond Jo Casino - Upper Hall- way and Harbor Room Passed, approved, and adopted this 6th day of March 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 Far- ber. Motion carried 7-0. 1. Vacating of a portion of certain Sanitary Sewer Easements across a Part of Lot 1 of Dubuque Industrial Center 14th Addition, in the City of Dubuque, Iowa: Upon motion the docu- ments were received and filed and Resolution No. 61-23 Intent to vacate and dispose of City interest in a portion of Easements for Sanitary Sewer Utilities over and across a part of Lot 1 of Dubuque Industrial Center 14th Addition, in the City of Dubuque, Iowa was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 20, 2023 in the Historic Federal Building. RESOLUTION NO. 61-23 INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN A PORTION OF EASE- MENTS FOR SANITARY SEWER UTILITIES OVER AND ACROSS A PART OF LOT 1 OF DUBUQUE INDUSTRIAL CENTER 14T" AD- DITION, IN THE CITY OF DUBUQUE, IOWA Whereas, per an agreement between the City of Dubuque, Dubuque Initiatives, MAR Holdings, and Geisler Family Realty Company, the parties wish to set forth terms for the relo- cation of a proposed public sanitary sewer util- ity located in Part of Lot 1 of Dubuque Industrial Center 14th Addition, in the City of Dubuque, Dubuque County, Iowa; and Whereas, that sanitary sewer easements were included on the Plat of Survey recorded as Instrument No. 10616-99 and the Final Plat recorded as Instrument No. 2006-11108 in the Dubuque County Recorder's Office; and Whereas, a part of the City of Dubuque sanitary sewer that had previously been con- structed inside the easements provided on Plat of Survey recorded as Instrument No. 10616- 99 and the Final Plat recorded as Instrument No. 2006-11108 in the Dubuque County Re- corder's Office have been relocated to a new alignment by Geisler Family Realty; and Whereas, per Resolution No. 272-22 the City of Dubuque has inspected and tested and accepted the newly constructed and relocated sanitary sewer for ownership and maintenance and as per Resolution No. 40-22 the City has accepted a Grant of Sanitary Sewer for the newly constructed and relocated sanitary sewer; and Whereas, per said agreement the City is re- sponsible for vacating a portion of the former sanitary sewer easement area through a part of Lot 1 of Dubuque Industrial Center 14th Ad- dition, in the City of Dubuque, Dubuque County, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the City of Dubuque, in- tends to vacate and dispose of its interest in a portion of the sanitary sewer easements across a part of Lot 1 of Dubuque Industrial Center 10 Addition, in the City of Dubuque, Iowa, included on the Plat of Survey recorded as Instrument No. 10616-99 and the Final Plat recorded as Instrument No. 2006-11108 in the Dubuque County Recorder's Office. Section 2. That a public hearing, and/or by virtual means on the intent to vacate and dis- pose of City interest in a portion of the sanitary sewer easements across a part of Lot 1 of Dubuque Industrial Center 14th Addition, in the City of Dubuque, Iowa, included on the Plat of Survey recorded as Instrument No. 10616-99 and the Final Plat recorded as Instrument No. 2006-11108 in the Dubuque County Re- corder's Office, is hereby set for the 201h day of March, 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 and dis- pose of said interest to be published in the manner as prescribed by law. Passed, approved, and adopted this 61h day of March, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Resolution of Necessity for the Proposed Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal Dis- trict, Version 2023.1: Upon motion the docu- ments were received and filed and Resolution No. 62-23 Authorizing and directing the City Manager to prepare an Amended and Restated Urban Renewal Plan, Version 2023.1 for the Greater Downtown Urban Renewal District and setting the date for public hearing and consul- tation on the proposed Amended and Restated Page 893 of 2498 Book 153 Regular Session, March 6, 2023 78 Urban Renewal Plan, Version 2023.1 for said district was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on April 3, 2023 in the Historic Federal Building. RESOLUTION NO. 62-23 AUTHORIZING AND DIRECTING THE CITY MANAGER TO PREPARE AN AMENDED AND RESTATED URBAN RENEWAL PLAN, VERSION 2023.1 FOR THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT AND SETTING THE DATE FOR A PUBLIC HEARING AND CONSULTATION ON THE PROPOSED AMENDED AND RESTATED URBAN RENEWAL PLAN, VERSION 2023.1 FOR SAID DISTRICT Whereas, the City Council of the City of Dubuque has heretofore approved the Amended and Restated Urban Renewal Plan (the "Plan" of "Urban Renewal Plan") for the Greater Downtown Urban Renewal District (the "District") in order to provide redevelopment opportunities which will further the purposes and objectives of the Urban Renewal Plan; and Whereas, City staff has recommended that the Urban Renewal Plan be further amended and restated to add a project to the public pur- pose activities in the District; and Whereas, Iowa Code Chapter 403 requires that before an Urban Renewal Plan may be modified, the City Council must follow the noti- fication, consultation, and public hearing pro- cess set forth herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager is author- ized and directed to prepare an Amended and Restated Urban Renewal Plan, Version 2023.1 for the Greater Downtown Urban Renewal Dis- trict to accomplish the foregoing purposes and objectives, to include in such Amended and Restated Urban Renewal Plan, Version 2023.1 any appropriate project activities and details, to determine an appropriate date for and conduct the consultation process required by law with affected taxing entities concerning the pro- posed Amended and Restated Plan, Version 2023.1. Section 2. That the City Clerk is directed to publish notice of a public hearing on the adop- tion of an Amended and Restated Urban Re- newal Plan, Version 2023.1 for the Greater Downtown Urban Renewal District to be held on the 3rd day of April, 2023, at 6:30 p.m. in the form [provided] hereto. The notice of said hear- ing shall generally identify the areas covered by the proposed Amended and Restated Urban Renewal Plan, Version 2023.1 and the general scope of the urban renewal activities planned for such areas and said notice shall be pub- lished in a newspaper having general circula- tion within the City not less than four days nor more than twenty days before the date of said meeting. A copy of the notice of public hearing shall be sent by ordinary mail to the affected taxing entities. Section 3. That the Economic Development Director is directed to send by ordinary mail a copy of the proposed Amended and Restated Urban Renewal Plan, Version 2023.1, the no- tice of public hearing, a notice of consultation, and, to the extent the Amended and Restated Urban Renewal Plan, Version 2023.1 includes the use of tax increment revenues for a public building, an analysis of alternative develop- ment and funding options for such public build- ings, to the Dubuque Community School Dis- trict Board of Education and Dubuque County Board of Supervisors, as the affected taxing entities. Passed, approved, and adopted this 6t1 day of March, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk PUBLIC HEARINGS 1. Petition to Vacate and Dispose of City In- terest a portion of the Stoneman Road Right of Way, in the City of Dubuque, Iowa for Vacation Petition (to Hills and Dales Childhood Develop- ment Center) as part of the Stoneman Road Reconstruction Project: Motion by Resnick to receive and file the documents and adopt Res- olution No. 63-23 Vacating a portion of Stone- man Road, in the City of Dubuque, IA., known as Lot 2-2-1-2-1-2-2-2-2-2-B of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 51h P.M., in the City of Dubu- que, Iowa; and Resolution No. 64-23 Disposing of City interest in Lot 2-2-1-2-1-2-2-2-2-2-B of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., in the City of Dubuque, IA.. Seconded by Wethal. City Council Members expressed enthusiasm for the project and partnership with the Hills and Dales Childhood Development Center. Motion carried 7-0. RESOLUTION NO. 63-23 VACATING A PORTION OF STONEMAN ROAD, IN THE CITY OF DUBUQUE, IOWA, KNOWN AS LOT 2-2-1-2-1-2-2-2-2-2-B OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 28, T89N, R2E OF THE 5T" P.M., IN THE CITY OF DUBUQUE, IOWA Whereas, per an agreement with Hills and Dales Childhood Development Center ap- proved by Resolution No. 170-22, the City is to vacate a portion of the Stoneman Road right of way originally platted as a cul-de-sac at the westerly end of Stoneman Road and is to con- vey the property to Hills and Dales for use as parking lot; and Page 894 of 2498 Book 153 Regular Session, March 6, 2023 79 Whereas, the City of Dubuque Engineering Department has prepared and submitted to the City Council a plat showing the proposed va- cated right of way of Stoneman Road, in the City of Dubuque, Iowa and assigned a lot num- ber thereto, to be known as Lot 2-2-1-2-1-2-2- 2-2-2-B of the Northeast Quarter of the North- east Quarter of Section 28, T89N, R2E of the 5th P.M., in the City of Dubuque, Iowa; and Whereas, pursuant to resolution and pub- lished notice of time and place of hearing, pub- lished in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 24th day of February 2023, the City Council of the City of Dubuque, Iowa met by public and/or virtual means on the 6th day of March, 2023, at 6:30 p.m. in the His- toric Federal Building Council Chambers (sec- ond 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 objec- tions, oral or written to the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa, has determined that the pro- posed vacation of Lot 2-2-1-2-1-2-2-2-2-2-B of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., in the City of Dubuque, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the real estate described as Lot 2-2-1-2-1-2-2-2-2-2-B of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., in the City of Dubu- que, Iowa, be and the same is hereby vacated. Passed, approved, and adopted this 6th day of March 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 64-23 DISPOSING OF CITY INTEREST IN LOT 2-2- 1-2-1-2-2-2-2-2-B OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 28, T89N, R2E OF THE 5T" P.M., IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to resolution and pub- lished notice of time and place of hearing, pub- lished in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 24th day of February, 2023, the City Council of the City of Dubuque, Iowa met by in person and/or by virtual means on the 6th day of March, 2023, at 6:30 p.m. in the Historic Federal Building Council Cham- bers (second floor), 350 West 6th Street, Dubu- que, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot 2-2-1-2-1-2-2-2-2-2-B of the North- east Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written to the proposal to sell such real estate. 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 Lot 2-2-1- 2-1-2-2-2-2-2-B of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 51h P.M., in the City of Dubuque, Iowa, to Hills and Dales Childhood Development Center be and the same is hereby approved. Convey- ance 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 Hills and Dales Childhood Development Cen- ter. Section 3. That the City Clerk be and is hereby authorized and directed to record a cer- tified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved, and adopted this 6th day of March 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk ACTION ITEMS 1. Greater Dubuque Development Corpora- tion - Quarterly Update: Motion by Roussell to receive and file the documents and listen to the presentation. Seconded by Farber. President and CEO Rick Dickinson presented the quar- terly update on the activities of the Greater Dubuque Development Corporation and re- sponded to questions from the City Council. Motion carried 7-0. 2. Request to Reschedule Public Hearing on Fiscal Year 2024 City Budget: City Manager Van Milligen requested this item be removed from the meeting, as city staff anticipate that the public hearing can occur on the originally scheduled date of March 23, 2023. 3. Authorize City Manager to negotiate a fi- nal agreement with the selected consultant for the Eagle Valley, Westbrook, & English Ridge Subdivision Park Development, Jackson Park Restrooms and Amenities, & Murphy and Mad- ison Park Playground Replacement Design and Construction Management Services Re- quest for Proposal: Motion by Sprank to re- ceive and file the documents and approve Page 895 of 2498 Book 153 Regular Session, March 6, 2023 80 authorizing the City Manager to negotiate a fi- nal agreement with the selected consultant of the Request for Proposal (RFP) for the Eagle Valley, Westbrook, & English Ridge Subdivi- sion Park Development, Jackson Park Re- strooms and Amenities, & Murphy and Madi- son Park Playground Replacement Design and Construction Management Services. Se- conded by Wethal. City Council Members re- layed public input provided to them in support of the proposed park developments and stated that parks are an important amenity for work- force attraction and retention. Motion carried 7- 0. 4. City of Dubuque Employment Recruit- ment Brochure: Motion by Roussell to receive and file the documents. Seconded by Jones. City Council Members complimented the bro- chure. Motion carried 7-0. 5. Request for Work Session: Dubuque Re- gional Bicycle & Pedestrian Plan: Motion by Jones to receive and file the documents and schedule the work session for Monday, March 20, 2023, at 6:00 p.m. Seconded by Sprank. No schedule conflicts were expressed. Motion carried 7-0. 6. Request for Work Session: Carnegie - Stout Public Library Strategic Plan: Motion by Jones to receive and file the documents and schedule the work session for Monday, April 3, 2023, at 6:00 p.m. Seconded by Roussell. No schedule conflicts were expressed. Motion car- ried 7-0. 7. Second Annual Dubuque Police Depart- ment Awards & Recognition Night Video: Mo- tion by Farber to receive and file the docu- ments and view the video. Seconded by Rous- sell. Media Services showed a video of the Dubuque Police Department's second annual awards and recognition ceremony that honors members of the police force that go above and beyond in service to the community, complete acts beyond the call of duty, perform acts which an officer placed his/her life in jeopardy, and carry out other heroic measures. This video was produced by Media Services staff in the Public Information Office and can be viewed at: https://www.Voutube.com/watch?v=OQxEP8t2 FQA. Motion carried 7-0. 8. Dubuque Fire Academy Begins Video: Motion by Jones to receive and file the docu- ments and view the video. Seconded by Res- nick. Media Services showed a video of Dubu- que Fire Department candidates beginning an 8-week training course, which covers policies and procedures, equipment handling, and eve- rything needed to serve the Dubuque commu- nity. This video was produced by Media Services staff in the Public Information Office and can be viewed at: https://www.Voutube.com/watch?v=9NC8fOH 0810. City Council Members congratulated the Fire Department on their number of new re- cruits. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Sprank reported on recent state legislation targeting the LGBTQ+ commu- nity and urged residents to contact their legis- lators. Council Member Jones reported on Dubu- que Senior High School's recent opening cele- bration of their renovated theatre. Council Member Wethal expressed enthu- siasm for the local high school students who participated in peaceful demonstrations in sup- port of the LGBTQ+ community. Mayor Cavanagh reported on his various opportunities to travel to Des Moines and Washington D.C. to build partnerships with the legislatures and advocate for the city. Council Member Farber reported on her re- cent IT Committee meeting with the National League of Cities (NLC). CLOSED SESSION Motion by Jones to convene in closed ses- sion at 7:44 p.m. to discuss Pending Litigation and Purchase or Sale of Real Estate — Chapter 21.5(1)(c),Q) Code of Iowa. Seconded by Sprank. 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 Crenna Brum- well. Motion carried 7-0. The City Council reconvened in open ses- sion at 8:46 p.m. stating that staff had been given proper direction. There being no further business, Mayor Cavanagh declared the meeting adjourned at 8:46 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk Page 896 of 2498 Book 153 Special Sessions, March 7 and 8, 2023 81 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 6:30 p.m. on March 7, 2023, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen. Mayor Cavanagh read the call and stated this is a special session of the City Council called for the purpose of conducting public hearings on certain Fiscal Year 2024 Depart- ment Budgets. PUBLIC HEARINGS FISCAL YEAR 2024 DEPARTMENT BUDG- ETS Fiscal Year 2024 City department budgets were presented by staff from the following de- partments: 1. Housing and Community Development Fiscal Year 2024 Budget Presentation: Alexis Steger, Director Housing and Com- munity Development; Michael Belmont, As- sistant Director of Housing and Community Development; Ben Pothoff, Deputy Code Official; Gina Hodgson, Assisted Housing Supervisor; Mary Bridget Corken Deutsch, Community Development Specialist; Maddy Haverland, Urban Development & Housing Rehabilitation Project Manager; Angela Ventris, Grant Project Manager; and Nicole Lytle, Grants Program Manager. 2. Purchase of Services Fiscal Year 2024 Budget Presentation: Alexis Steger, Direc- tor Housing and Community Development. 3. Planning Services Fiscal Year 2024 Budget Presentation: Wally Wernimont, Planning Services Manager. 4. Economic Development Fiscal Year 2024 Budget Presentation: Jill Connors, Eco- nomic Development Director; and Jenni Peterson -Brant, Arts and Cultural Affairs Manager. Staff responded to questions from the City Council following their respective presentation. There being no further business, Mayor Cavanagh declared the meeting adjourned at 8:57 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 6:30 p.m. on March 8, 2023, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6'h Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen. Mayor Cavanagh read the call and stated this is a special session of the City Council called for the purpose of conducting public hearings on certain Fiscal Year 2024 Depart- ment Budgets. PUBLIC HEARINGS FISCAL YEAR 2024 DEPARTMENT BUDG- ETS Fiscal Year 2024 City department budgets were presented by staff from the following de- partments: Leisure Services Manager Marie Ware pro- vided introductory remarks on behalf of the Lei- sure Services Department. 1. Parks Fiscal Year 2024 Budget Presenta- tion: Marie Ware, Leisure Services Man- ager. 2. Multicultural Family Center Fiscal Year 2024 Budget Presentation: Umaru Balde, Multicultural Family Center Director. 3. Community Impact Division (formerly AmeriCorps) Fiscal Year 2024 Budget Presentation: Heather Satterly, Community Impact Director. 4. Recreation Fiscal Year 2024 Budget Presentation: Dan Kroger, Recreation Divi- sion Manager. Staff responded to questions from the City Council following their respective presentation. City Clerk Breitfelder announced that writ- ten input was received by Cathy Brimeyer re- garding Public Hearing No. 1. Regarding Public Hearing No. 2, Heidi Zull, 1530 Jackson St.; Jessica (Indigo) Perry, 2920 Central Ave. #2; Olivia Neugel; Tessie Strohm, 1850 Avoca St.; and Yara Lopez respectively provided input in support of a full-time site supervisor position. City Clerk Breitfelder announced that written in- put was received by Kalee Kerper, 1071 Main St.; as well as from Ms. Zull and Ms. Strohm. CLOSED SESSION Page 897 of 2498 Book 153 Special Session, March 9, 2023 82 Motion by Jones to convene in closed ses- sion at 10:03 p.m. to discuss Purchase or Sale of Real Estate — Chapter 21.5(1)(j) Code of Iowa. Seconded by Wethal. Mayor Cavanagh stated for the record that the attorney who will consult with City Council on the issues to be discussed in the closed session is City Attorney Brumwell. Motion carried 7-0. The City Council reconvened in open ses- sion at 11:07 p.m. stating that staff had been given proper direction. There being no further business, Mayor Cavanagh declared the meeting adjourned at 11:08 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 6:30 p.m. on March 9, 2023, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6'h Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen. Mayor Cavanagh read the call and stated this is a special session of the City Council called for the purpose of setting the public hearing on the Fiscal Year 2024 City Budget and conducting public hearings on certain Fis- cal Year 2024 Department Budgets. ITEMS SET FOR PUBLIC HEARING 1. Set Public Hearing on Fiscal Year 2024 City Budget: Motion by Jones to receive and file the documents and adopt Resolution No. 65-23 Setting the date for the public hearing on the Fiscal Year 2024 Budget for the City of Dubuque; and Resolution No. 66-23 Setting the date for the public hearing on the Five -Year Capital Improvement Program for Fiscal Years 2024 through 2028 for the City of Dubuque. Se- conded by Roussell. Motion carried 7-0. Adoption of the resolutions sets a public hearing for a meeting to commence at 6:30 p.m. on March 23, 2023, in the Historic Federal Building. RESOLUTION NO. 65-23 SETTING THE DATE FOR THE PUBLIC HEARING ON THE FISCAL YEAR 2024 BUDGET FOR THE CITY OF DUBUQUE Whereas, Iowa Code Section 384.16 pro- vides that the City Council shall set a time and place for a public hearing on the Fiscal Year 2024 budget before the final budget certifica- tion date and shall publish notice before the hearing as provided in Iowa Code Section 384.16. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the City Council shall con- duct a public hearing on the proposed Fiscal Year 2024 budget for the City of Dubuque in the City Council Chambers and virtually on Thursday, March 23, 2023, beginning at 6:30 p.m. Passed, approved, and adopted this 91h day of March 2023. Brad M. Cavanagh, Mayor Attest :Adrienne N. Breitfelder, City Clerk Page 898 of 2498 Book 153 Special Session, March 9, 2023 83 RESOLUTION NO. 66-23 SETTING THE DATE FOR THE PUBLIC HEARING ON THE FIVE-YEAR CAPITAL IM- PROVEMENT PROGRAM FOR FISCAL YEARS 2024 THROUGH 2O28 FOR THE CITY OF DUBUQUE Whereas, a proposed Five -Year Capital Im- provement Program for the City of Dubuque for Fiscal Years 2024 through 2028 has been pre- pared and submitted to the City Council; and Whereas, the capital projects for the first year of the program are included in the Fiscal Year 2024 budget for the City of Dubuque; and Whereas, it is deemed to be in the best in- terest of the City of Dubuque to conduct a pub- lic hearing and adopt the five-year Capital Im- provement Program simultaneously with the public hearing and adoption of the Fiscal Year 2024 budget for the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the City Council shall con- duct a public hearing on the five-year Capital Improvement Program for Fiscal Years 2024 through 2028 in the City Council Chambers and virtually on Thursday, March 23, 2023, be- ginning at 6:30 p.m. Passed, approved, and adopted this 9'h day of March 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk PUBLIC HEARINGS FISCAL YEAR 2024 DEPARTMENT BUDG- ETS Fiscal Year 2024 City department budgets were presented by staff from the following de- partments: 1. Emergency Management Fiscal Year 2024 Budget Presentation: Tom Berger, Emer- gency Management Director. 2. Emergency Communications Fiscal Year 2024 Budget Presentation: Mark Murphy, Emergency Communications Manager. 3. Police Department Fiscal Year 2024 Budget Presentation: Jeremy Jensen, Po- lice Chief. 4. Fire Department Fiscal Year 2024 Budget Presentation: Amy Scheller, Fire Chief. Staff responded to questions from the City Council following their respective presentation. Following City Council discussion on the Police Department's Improvement Package No. 2 on an automated license plate reader system, Mayor Cavanagh encouraged residents to provide input on the recommenda- tion prior to the March 23, 2023, final hearing to adopt the Fiscal Year 2024 budget. Mayor Cavanagh also stated that input would be wel- comed on the city's camera policy, which the City Council would discuss amending after the March 23, 2023, final hearing. Council Member Wethal recommended the City Council approve Improvement Package No. 2 for one additional full-time firefighter and made suggestions of how to fund the position from both one-time and ongoing funding sources. City Manager Van Milligen advised that the City Council avoid using one-time fund- ing sources to fund recurring expenses. City Manager Van Milligen also stated his reason for not recommending the position, stating that the position will be dependent on what the City Council decides regarding future fire stations. Mayor Cavanagh suggested an agenda item at the next budget hearing for City Council to dis- cuss any proposed changes to the budget. City Council Members also discussed that the March 23, 2023, final hearing to adopt the budget provides the opportunity for budget amendments. Per a suggestion from the City Council, Mayor Cavanagh stated that he would discuss the budget amendment process with City Attorney Brumwell and City Manager Van Milligen to determine the recommended ap- proach for budget amendments. Mayor Cavanagh stated his intent to share the recom- mended approach at the March 21, 2023, budget hearing. City Council Members also agreed to a governance session in the future to discuss a recommended process for altering the budget. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 10:06 p.m. to discuss Pending Litigation — Chapter 21.5(1)(c) Code of Iowa. Seconded by Sprank. Mayor Cavanagh stated for the rec- ord that the attorney who will consult with City Council on the issues to be discussed in the closed session is City Attorney Brumwell. Mo- tion carried 7-0. The City Council reconvened in open ses- sion at 11:13 p.m. stating that staff had been given proper direction. There being no further business, Mayor Cavanagh declared the meeting adjourned at 11:14 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk Page 899 of 2498 Book 153 Special and CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 6:00 p.m. on March 20, 2023, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen (arrived at 6:02 p.m.), 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 on the Dubuque Regional Bicycle & Pedestrian Plan. WORK SESSION DUBUQUE REGIONAL BICYCLE & PEDES- TRIAN PLAN UPDATE Planning Services Manager Wally Werni- mont introduced Laura Carstens and Dan Fox of the East Central Intergovernmental Associa- tion (ECIA). Ms. Carstens and Mr. Fox made a presentation on the status of the Dubuque Re- gional Bicycle and Pedestrian Plan. Due to lim- ited time remaining in the work session, Mayor Cavanagh requested that the City Council con- tact the presenters with any questions. There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:29 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk ular Sessions, March 20, 2023 84 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on March 20, 2023, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6'h Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attor- ney Brumwell. Mayor Cavanagh read the call and stated this is a regular session of the City Council called for the purpose of conducting such busi- ness that may properly come before the City Council. PLEDGE OF ALLEGIANCE PRESENTATION(S) 1. COVID-19 Update: Public Health Direc- tor Mary Rose Corrigan provided an update on the COVID-19 pandemic and response activi- ties. City Council Members suggested that the COVID-19 update change to a public health re- port that occurs every other month during flu season based on the forthcoming elimination of COVID-19 mandatory reporting and termina- tion of the COVID-19 public health declaration. 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: Building Code Advisory and Appeals Board of 1/5/23; City Council Proceedings of 2/27/23, 3/06/23, 03/07/23, 03/08/23 and 03/09/23; Resilient Community Advisory Commission of 3/2/23; Zoning Advisory Commission of 3/1/23; Zoning Board of Adjustment of 2/23/23. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Nicolas Hayes for vehicle damage; Jeff Lehman for ve- hicle damage. Upon motion the documents were received, filed, and referred to the City At- torney. 3. Disposition of Claims: City Attorney ad- vised that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Page 900 of 2498 Book 153 Regular Session, March 20, 2023 85 Pool: Nicole Hayes for vehicle damage; Jeff Lehman for vehicle damage. Upon motion the documents were received, filed, and con- curred. 4. Approval of City Expenditures: Upon mo- tion the documents were received and filed, and Resolution No. 67-23 Authorizing the Chief Financial Officer/City Treasurer to make cer- tain payments of bills that must be paid and ap- proved for payment in accordance with City procedures was adopted. RESOLUTION NO. 67-23 AUTHORIZING THE CHIEF FINANCIAL OF- FICER / CITY TREASURER TO MAKE CER- TAIN 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 gen- erally accepted internal control procedures and have been determined to have been requisi- tioned for a lawful municipal purpose; and Whereas, the Chief Financial Officer -City Treasurer has provided a list of Expenditures [provided] 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 Fi- nancial Officer -City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is [provided] 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 pay- ment 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 ac- cordance with approved budget appropria- tions. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Chief Fi- nancial Officer are hereby authorized and di- rected to provide the statement of receipts and disbursements to the City Council, and to pub- lish a summary thereof. Passed, approved, and adopted this 20th day of March, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. U.S. Environmental Protection Agency Solid Waste Recycling Grant: Upon motion the documents were received, filed, and approved. 6. Letter of Opposition to Iowa Senate File 479: City Manager provided a copy of a letter to Iowa Representative Chuck Isenhart in op- position to Iowa Senate File 479, a bill for an act repealing energy conservation require- ments for new construction. Upon motion the documents were received and filed. 7. Civil Service Commission - Certified Lists: Civil Service Commission submitted the certified lists for the positions of Police Officer and Fire Promotional ranks of Assistant Fire Chief, Assistant Fire Marshal, Fire Captain, EMS Supervisor, Fire Equipment Operator and Fire Lieutenant. Upon motion the documents were received, filed, and made a matter of rec- ord. March 15, 2023 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Police Officer was administered on March 11, 2023. We, The Civil Service Commission, hereby certify that the individuals listed below have passed this written examination, are us- ing a valid transfer score, or are currently certi- fied as an Iowa Law Enforcement Officer and the vacancy for this position should be made from this list and that this list is good through March 12, 2024. Police Officer 1. Dustin Allen, 2. Noah Altman, 3. Nathan Goodson -Gregg, 4. Ashley Hahnbaum — Certi- fied, 5. Sophia Hammond, 6. Marcus Leitzen, 7. Noah Perry — Transfer Score, 8. Kenneth Schrader, 9. Josh Vauthier — Transfer Score Respectfully Submitted, Civil Service Commissioner February 20, 2023 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, examinations for the positions of Fire Lieutenant, Assistant Fire Chief, Fire Equipment Operator, Fire Captain, Assistant Fire Marshal, and EMS Supervisor were given the week of January 23, 2023. We, the Civil Service Commission, hereby certify that the in- dividuals listed below have passed these writ- ten examinations and the vacancy for these Page 901 of 2498 Book 153 Regular Session, March 20, 2023 86 positions should be made from this list and that this list is good for two (2) years from the above date. Fire Lieutenant 1. Corey LuGrain, 2. Robert Reed, 3. Kyle Reinert, 4. Chris Welu Assistant Fire Chief 1. Jesse Coulson, 2. Nicholas Esch, 3. Law- rence Ewert, 4. Martin Fitzpatrick, 5. David Grass, 6. Jason Lueken Fire Equipment Operator 1. Scott Brachman, 2. Jason Fuerstenberg, 3. Christopher Kluesner, 4. Robert Reed, 5. Kyle Reinert, 6. Jeff Schmitt, 7. Joseph Schmitt Assistant Fire Marshal No passing scores Fire Captain 1. Kyle Burke, 2. Jesse Coulson, 3. Martin Fitz- patrick, 4. Ryan Kieffer, 5. Edward Lahey, 6. Todd Sieverding EMS Supervisor 1. Kyle Reinert The following individual has met the criteria to be placed on the certified list without the re- quirement to take the written promotional test for the ranks listed below: Greg Harris - Fire Lieutenant and Fire Equipment Operator Respectfully submitted, Civil Service Commissioner 8. Exclusive 3-Year Soft Drink Provider Agreement for Leisure Services: City Manager recommended City Council approval of the 3- year Pepsi agreement with Lime Rock Springs as the exclusive soft drink provider for the Bun- ker Hill Golf Course, McAleece Concession, Flora and Sutton Pools concession, Veterans Memorial Park, and the Port of Dubuque Ma- rina. Upon motion the documents were re- ceived, filed, and approved. 9. Pre -Annexation Agreement - Terrence L. and Barbara Bahl: Upon motion the docu- ments were received and filed, and Resolution No. 68-23 Approving a Pre -Annexation Agree- ment between the City of Dubuque, Iowa and Terrence L. and Barbara Bahl was adopted. RESOLUTION NO. 68-23 APPROVING A PRE -ANNEXATION AGREE- MENT BETWEEN THE CITY OF DUBUQUE, IOWA AND TERRENCE L. AND BARBARA BAHL Whereas, Terrence L. and Barbara Bahl, the owner of the following described property located at 15461 Southwood Court in Dubuque County, Iowa (the Property) have submitted to the City Council of the city of Dubuque an ap- plication for voluntary annexation of the Prop- erty to the City of Dubuque: Lot 5 in Briarwood Subdivision in Dubu- que County, Iowa, according to the rec- orded plat thereof, subject to ease- ments and restrictions of record Whereas, Terrence L. and Barbara Bahl have entered into a Pre -annexation Agreement with the City of Dubuque, a copy of which is [provided] hereto governing the future annexa- tion 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 author- izes the voluntary annexation of property in Dubuque 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 or- derly growth and development of the City of Dubuque, and will promote efficient and cost- effective extension of municipal services; and Whereas, the City Council finds that the an- nexation 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 and between Terrence L. and Barbara Bahl and the City of Dubuque is hereby approved. Passed, approved, and adopted this 20"' day of March 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 10. Signed Contract(s): Experience Roof- ing for the Central Storage Rubber Roof Re- pair; Sustainable Strategies DC for profes- sional strategic funding services. Upon motion the documents were received and filed. 11. Menard Inc. Property Tax Appeal Stip- ulation of Settlement Approval: Senior Counsel recommended approval of the stipulation of settlement for a property tax appeal filed by Menard Inc. for their property located at 5300 Westside Drive. Upon motion the documents were received, filed, and approved. 12. Canadian Pacific Railway Acquisition of Kansas City Southern Railroad & Pending Mer- ger Update: Upon motion the documents were received and filed. Page 902 of 2498 Book 153 Regular Session, March 20, 2023 87 13. Purchase Agreement for Temporary Detour Easement Across Lot 1 in Riverview Plaza No. 4 as Part of the Kerper Boulevard and Kerper Court Intersection Improvements Project with HWY 151 & 61 Development, LLC: Upon motion the documents were received and filed, and Resolution No. 69-23 Approving a Purchase Agreement Between the city of Dubuque, Iowa and HWY 151 & 61 Develop- ment, LLC for a Temporary Detour Easement Across Lot 1 in Riverview Plaza No. 4 in the city of Dubuque Iowa as Part of the Kerper Boule- vard and Kerper Court Intersection Improve- ments Project was adopted. RESOLUTION NO. 69-23 APPROVING A PURCHASE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND HWY 151 & 61 DEVELOPMENT, LLC FOR A TEMPORARY DETOUR EASEMENT ACROSS LOT 1 IN RIVERVIEW PLAZA NO. 4 IN THE CITY OF DUBUQUE IOWA AS PART OF THE KERPER BOULEVARD AND KERPER COURT INTERSECTION IM- PROVEMENTS PROJECT Whereas, per Resolution No. 387-22 the City of Dubuque has entered into an agree- ment with Kwik Trip, Inc. (KTI) for the construc- tion of certain improvements at the intersection of Kerper Boulevard and Kerper Court; and Whereas, HWY 151 & 61 Development LLC is the owner of property between Kerper Boulevard and 16th Street, being the former Dubuque Packing site, legally described as Lot 1 in Riverview Plaza No. 4 in the City of Dubu- que, Iowa; and Whereas, in order to reduce the time to construct the intersection improvements and limit disruption to the traffic on Kerper Boule- vard and Kerper Court, the City is proposing to construct a temporary detour roadway through the HWY 151 & 61 Development, LLC property connecting Kerper Court at its west end to 161h Street. The detour will allow Kerper Court to be closed at its intersection with Kerper Boulevard during construction and allow traffic access to the Kerper Boulevard properties/businesses via 16th Street and detour roadway; and Whereas, the City of Dubuque has negoti- ated a Purchase Agreement, subject to City Council approval, with Hwy 151 & 61 Develop- ment, LLC for a temporary detour easement thru Lot 1 in Riverview Plaza No. 4 in the City of Dubuque, Iowa to construct and use said de- tour roadway for the duration of the intersection improvements project; and Whereas, the City Council finds that it is in the best interest of the City of Dubuque to ap- prove the Purchase Agreement [provided] hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Purchase Agreement [pro- vided] hereto is hereby approved. Section 2. The City Manager is authorized and directed to execute the Purchase Agree- ment on behalf of the City of Dubuque and to take such action as may be necessary to carry out the terms of the Purchase Agreement. Passed, Approved, and Adopted this 201h day of March, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 14. Amendment to Master Agreement and Project Statement - ImOn Communications LLC: Upon motion the documents were re- ceived, filed, and approved. 15. Master Agreement and Project State- ment Amendment - Unite Private Network (UPN): Upon motion the documents were re- ceived, filed, and approved. 16. Tobacco Permit Application: Upon mo- tion the documents were received and filed, and Resolution No. 70-23 Approving applica- tions for retail cigarette/tobacco sales/nico- tine/vapor permits, as required by Iowa Code Chapter 453A.47A was adopted. RESOLUTION NO. 70-23 APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES / NICOTINE / VAPOR PERMITS, AS REQUIRED BY IOWA CODE 453A.47A Whereas, applications for Cigarette/To- bacco/Nicotine/Vapor Permit Sales have been submitted and filed with the City Council for ap- proval, and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and oth- erwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Clerk is hereby author- ized and directed to cause to be issued the fol- lowing named applicants and locations for Cig- arette/Tobacco/Nicotine/Vapor sales permit. Business Name, Business Address Pink Cloud Smoke Shop, 3301 Penn- sylvania Ave. Passed, approved, and adopted this 201h day of March 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk Page 903 of 2498 Book 153 Regular Session, March 20, 2023 88 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. Set Public Hearing - Disposition of City - Owned Property at 612 Lincoln Avenue: Upon motion the documents were received and filed and Resolution No. 71-23 Intent to dispose of an interest in City of Dubuque real estate to Af- fordable Housing Network, Inc, setting a time and place for hearing, and providing for the publication of notice thereof was adopted set- ting a public hearing for a meeting to com- mence at 6:30 p.m. on April 3, 2023 in the His- toric Federal Building. RESOLUTION NO. 71-23 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE TO AF- FORDABLE HOUSING NETWORK, INC, SETTING A TIME AND PLACE FOR HEAR- ING, AND PROVIDING FOR THE PUBLICA- TION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) owns 612 Lincoln Avenue (the Property) legally described as: Southwesterly Half of Lot 53 and Lot 1 of Lot 54 in Cook's Addition to the City of Dubuque, Iowa, according to the rec- orded plat thereof; and Whereas, the City acquired the property through petition for title to abandoned property; and Whereas, it is the recommendation of the Housing and Community Development Depart- ment to approve the purchase agreement for the sale to Affordable Housing Network, Inc. according to the terms and conditions set out in the purchase agreement in the public inter- est of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa, proposes to approve the purchase agreement of the above -described real estate to Afforda- ble Housing Network, Inc. Section 2. That the City Council shall con- duct a public hearing on the proposed pur- chase agreement in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa on the 3rd day of April, 2023, beginning at 6:30 PM. Section 3. That the City Clerk be and is hereby authorized and directed to publish no- tice of the public hearing in the form [provided] hereto, according to law. Passed, approved, and adopted this 201h day of March 2023. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 2. Set for Public Hearing - Brehm Acres Voluntary Annexation Request: Upon motion the documents were received and filed and Resolution No. 72-23 Setting a Public Hearing on an Application for Voluntary Annexation of Territory to the City of Dubuque, Iowa was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on April 17, 2023 in the Historic Federal Building. RESOLUTION NO. 72-23 SETTING A PUBLIC HEARING ON AN AP- PLICATION FOR VOLUNTARY ANNEXA- TION OF TERRITORY TO THE CITY OF DUBUQUE, IOWA Whereas, the City Council of Dubuque has received a written application from John and Diane Brehm (property owners) and Seippel Warehouse LLC (applicant and future property owner) for the voluntary annexation of 2.804 acres of property. The property is comprised of agricultural land east of Cottingham Road and west of Dubuque Industrial Center South as shown on Exhibit A and legally described as: Part of Lot 1 In Brehm Acres Plat 2. Dubuque County, Iowa, more particu- larly described as follows: Commencing at the East Quarter Corner of Section 36, Township 89 North, Range 1 East of the 5th P.M., Dubuque County, Iowa; thence S00°05'05"E, 394.29 ft. To along the east line of the Southeast quarter of said Section 36 to the Cen- terline of Cottingham Road and the point of beginning; thence continuing S00°05'05"E, 794.63 ft. along said East line; thence N66°16'22"W, 100.00 ft.; thence N46°30'28"W, 193.69 ft.; thence N20°13'45"W, 170.84 ft. to the center- line of Cottingham Road; thence N40°16'31"E, 176.53 ft. along said cen- terline to the beginning of a centerline curve tangent to said line; thence North- easterly and Northerly, 255.77 ft. along the curve concave to the Northwest, having a radius of 740.82 ft. and a cen- tral angle of 19°46'53"; thence N20°30'25"E, 33.09 ft. along said cen- terline to the beginning of a centerline curve; thence Northerly and Northeast- erly, 83.73 ft. along said curve having a radius of 325.00 ft., concave to the Southeast, a central angle of 14°45'38" and a chord which bears N25°10'38"E, 83.50 ft. to the point of beginning, con- taining 2.804 acres, which includes 0.402 acres of existing public road right of way. Page 904 of 2498 Book 153 Regular Session, March 20, 2023 89 Whereas, the annexation territory is not subject to an existing annexation moratorium agreement and does not include any railroad property; and Whereas, the annexation territory does not include State owned property; and Whereas, Chapter 368 of the Code of Iowa authorizes this annexation by adoption of a res- olution and required notification; and Whereas, the annexation territory is con- sistent with the City's Comprehensive Plan; and Whereas, the future growth and develop- ment of the City of Dubuque, Iowa makes it de- sirable that the annexation territory be made part of the City of Dubuque, Iowa; and Whereas, the City of Dubuque has the ca- pacity to provide substantial municipal services to the annexation territory; and Whereas, the annexation is in the public in- terest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: A public hearing will be held on the 17th day of April 2023, at 6:30 p.m. in the Historic Fed- eral Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the proposed annexation, and the City Clerk be and is hereby directed to cause the [provided] notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than fourteen days prior to the date of such hearing. Passed, approved, and adopted this 20th day of March 2023. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk PUBLIC HEARINGS 1. Request to Amend Planned Unit Devel- opment 2600 Dodge Street, Plaza 20: 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. Planning Services Manager Wally Wernimont provided a staff report. City Council members requested an update on resolving the current traffic pattern and barricades in Plaza 20 resulting from Starbucks to confirm those situations will be resolved before any additional development in Plaza 20 is approved. City En- gineer Gus Psihoyos stated that the city's agreement with Starbucks resulted in the cur- rent traffic patterns. The Engineering Depart- ment is preparing to issue bids this spring to modify the traffic patterns. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 7-23 Amending Title 16, The Unified Development Code of the City of Dubuque Code of Ordinances by rescinding Ordinance 51-16 which established regulations for the Plaza 20 PUD Planned Unit Develop- ment District with a Planned Commercial Des- ignation and now being amended to allow for modification of the On -Premise Sign Regula- tions applied to Plaza 20. Seconded by Rous- sell. Motion carried 7-0. ORDINANCE NO. 7-23 AMENDING TITLE 16, THE UNIFIED DEVEL- OPMENT CODE OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RESCINDING ORDINANCE 51-16 WHICH ESTABLISHED REGULATIONS FOR THE PLAZA 20 PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PLANNED COMMERCIAL DESIG- NATION AND NOW BEING AMENDED TO ALLOW FOR MODIFICATION OF THE ON - PREMISE SIGN REGULATIONS APPLIED TO PLAZA 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16, the Unified Devel- opment Code of the City of Dubuque Code of Ordinances is hereby amended by rescinding Ordinance 51-16 which established regulations for the Plaza 20 Planned Unit Development District with a Planned Commercial District designation, and now being amended to allow modification of the on -premise sign regulations applied to Plaza 20, to wit: A. Use Regulations The following regulations shall apply to all uses made of land in the above -described Planned Unit Development: Principal permitted uses: The following uses are permitted in the Plaza 20 Planned Unit Development: 1. Regional shopping center, 2. Retail sales/service, 3. Indoor restaurant, 4. Drive-in/carry-out restaurant, 5. Gen- eral offices, 6. Indoor recreation, 7. Outdoor recreation, 8. Auto sales and service, 9. Auto service centers, 10. Automated gas station, 11. Self-ser- vice car wash, 12. Business services, 13. Hotel, 14. Motel, 15. Auditorium or assembly hall Accessory Uses: The following accessory uses are permitted in the Plaza 20 Planned Unit Development: 1. Any use customarily incidental and subordinate to the principal use it serves. 2. Outdoor seating as part of an indoor restaurant, bar, or tavern. Conditional Uses: The following conditional uses are permitted in the Plaza 20 Planned Page 905 of 2498 Book 153 Regular Session, March 20, 2023 90 Unit Development, subject to the provisions of to minimize the infiltration risk of air - Section 8 of the Unified Development Code borne hazardous materials. that establishes requirements for application to B. Lot and Bulk Regulations. the Zoning Board of Adjustment for a condi- The following bulk regulations shall apply tional use permit, and any other specific condi- in the Plaza 20 Planned Unit Develop- tions listed below for a conditional use. ment, subject to the provisions of the Uni- 1. Licensed childcare centers, provided fied Development Code. that: 1. All shopping center buildings, struc- a. Such facility shall supply loading and tures, and activities shall be devel- unloading spaces so as not to ob- oped in substantial conformance with struct public streets or create traffic or previously approved conceptual de - safety hazards; velopment plan(s). b. All licenses have been issued or have 2. All shopping center buildings and been applied for and are awaiting the structures shall be limited to a maxi - outcome of the state's decision; and mum height of 40 ft.. c. Such use shall not be located within 3. All buildings and structures located the same structure as any gas station, on out lots shall be developed in com- bar/tavern, automated gas station or pliance with the bulk regulations of the any facility selling, servicing, repair- C-3 General Commercial district. ing, or renting vehicles. C. Sign Regulations. d. The conditional use applicant certi- 1. The provisions of the City of Dubuque fies that the premises on which the li- Unified Development Code, Section censed childcare center will be lo- 15 Signs shall apply unless further cated complies with, and will for so regulated by this section. long as the licensed child care center 2. On -premise signs: On -premise signs is so located, continue to comply with shall be regulated in accordance with all local, state and federal regulations the provisions of Exhibit A. governing hazardous substances, 3. Off -premise signs: Off -premise signs hazardous conditions, hazardous shall be prohibited. wastes, and hazardous materials. 4. Variances: Variances from sign re- e. If the applicant is subject to the re- quirements for size, number, and quirements of Section 302 of the Su- height may be requested. Such vari- perfund Amendments and Reauthori- ances shall be reviewed by the Zon- zation Act of 1986, as amended, the ing Board of Adjustment in accord - Emergency Management Director ance with Article 8-6 of the Unified shall certify whether or not the appli- Development Code. cant has submitted a current inven- D. Parking Regulations tory of extremely hazardous sub- 1. Parking requirements for Plaza 20 stances kept or stored on the prem- shall be one space per 250 square ft. ises. If any such extremely hazardous of retail space accessible to the gen- substances are kept or stored on the eral public. premises, the applicant shall also post 2. All vehicle -related features shall be in a conspicuous place on the prem- surfaced with standard or permeable ises a notice indicating a description asphalt, concrete, or pavers. of the extremely hazardous sub- 3. Curbing and proper surface drainage stances, and the physical and health of storm water shall be provided. hazards presented by such sub- 4. All parking and loading spaces shall stances. be delineated on the surfacing mate- f. Applicant shall submit an evacuation rial by painted stripes or other perma- plan for approval by the City, both nent means. written and drawn, that details where 5. The size and design of parking the children will go in the event of a spaces shall be governed by applica- hazardous materials incident. The ble provisions of the Unified Develop - plan shall include a "house in place" ment Code enforced at the time of de - scenario in which the children can be velopment of the lot. kept safely within a room of the build- 6. The number, size, design, and loca- ing that has no penetration to the out- tion of parking spaces designated for side (windows, doors, etc.). persons with disabilities shall be ac- g. Applicant shall submit plans for ap- cording to the local, state, or federal proval by the City that indicate the in- requirements in effect at the time of stallation of a main emergency shut- development. off switch for the heating, ventilation, 7. Parking requirements for businesses and air conditioning (HVAC) system located on out lots shall comply with Page 906 of 2498 Book 153 Regular Session, March 20, 2023 91 the provisions of Section 14 of the feature unless otherwise exempted Unified Development Code. by Article 12. E. Site Lighting 4. Storm Water Conveyance: The de- l. Exterior illumination of site features veloper of each lot shall be responsi- shall be limited to the illumination of ble for providing surface or subsur- the following: face conveyance(s) of storm water a. Parking areas, driveways and load- from the lot to existing storm sewers ing facilities. or to the flow line of open drainage b. Pedestrian walkway surfaces and ways outside the lot in a means that is entrances to building. satisfactory to the Engineering De- c. Building exterior. partment of the City of Dubuque. 2. Location and Design Other applicable regulations enforced a. All exterior lighting luminaries shall by the City of Dubuque relative to be designed and installed to shield storm water management and drain - light from the luminaries at angles age shall apply to properties in the above 72-degrees from vertical. Planned Unit Development. b. Fixtures mounted on a building H. Other Codes and Regulations shall not be positioned higher than 1. Service Lines. All electric, telephone, the roofline of the building. cable, or other similar utility lines serv- c. All electrical service lines to posts ing the building and other site features and fixtures shall be underground shall be located underground, where and concealed inside the posts. feasible. F. Exterior Trash Collection Areas 2. These regulations do not relieve the 1. The storage of trash and debris shall owner from other applicable city, be limited to that produced by the county, state or federal codes, regula- principal permitted use and accessory tions, laws, and other controls relative uses of the lot. to the planning, construction, opera- 2. All exterior trash collection areas and tion, and management of property the materials contained therein shall within the city of Dubuque. be visually screened from view. The I. Transfer of Ownership screening shall be completely opaque Transfer of ownership or lease of property fence, wall or other feature not ex- in the Plaza 20 PUD shall include in the ceeding a height of 10 ft. measured transfer or lease agreement a provision from the ground level outside the line that the purchaser or lessee acknowl- of the screen. Screens built on sloping edges awareness of the conditions au - grades shall be stepped so that their thorizing the establishment of the District top line shall be horizontal. All exterior PUD. entrances to a screened trash area J. Recording shall be provided with a gate or door A copy of this PUD Ordinance shall be of similar design to that of the screen. recorded, at the expense of the property G. Performance Standards owner, with the Dubuque County Re - The development and maintenance of corder as a permanent record of the con - uses in this Planned Unit Development ditions accepted as part of this reclassifi- shall be established in conformance with cation approval. This ordinance shall be the following standards. binding upon the undersigned and his/her 1. That the east side of Plaza 20 adja- heirs, successors, and assigns. cent to the new retail space be Section 2. The foregoing amendment has planted with species of shade trees heretofore been reviewed by the Zoning Advi- that will provide an effective screen in sory Commission of the City of Dubuque, Iowa. the future between the commercial Section 3. The foregoing amendment shall plaza and residential properties to the take effect upon publication, as provided by east. law. 2. Platting: Subdivision plats shall be Passed, approved, and adopted this 20th submitted in accordance with Section day of March 2023. 11 Land Subdivision of the City of Brad M. Cavanagh, Mayor Dubuque Unified Development Code. Attest: Adrienne N. Breitfelder, City Clerk 3. Site Plans: Final site development plans shall be submitted in accord- 2. Request to rezone the property of ap- ance with Section 12 Site Plans and proximately 2.4-acre irregularly shaped site Section 13 Site Design Standards of with frontage along Carter Road PIN the City of Dubuque Unified Develop- 1015453009 property to a Planned Unit Revel- ment Code prior to construction of opment with PR -Planned Residential designa- each building and vehicle -related tion: Motion by Jones to receive and file the Page 907 of 2498 Book 153 Regular Session, March 20, 2023 92 documents and that the requirement that a pro- posed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Farber. Planning Ser- vices Manager Wally Wernimont provided a staff report. Mike Jozefowicz, 2735 Hickory Hill; Dan Williams, 2710 Hickory Hill; Paula Lange, 3077 Westmore Dr.; and Paige Thomas, 3023 Westmore Dr.; spoke in opposition to the re- zoning. Applicant Kevin Oberbroeckling of CK Construction spoke in support of the rezoning. Responding to questions from the City Council, Mr. Wernimont summarized the process for re- viewing stormwater management plans and referenced studies that indicated the city's fu- ture housing needs. Mr. Wernimont also spoke about the process which determined that a traf- fic study was not required and how flooding complaints regarding private properties would be addressed. Responding to questions from the City Council, Zoning Advisory Commission Member Richard Russell stated that the Zoning Advisory Commission had three excused ab- sences from the commission meeting in which this public hearing occurred, and that another commission member recused himself from the vote due to a conflict of interest. Mr. Russell stated that the commission expressed con- cerns on density during the hearing and dis- cussed the other multi -family developments in the vicinity. City Manager Van Milligen stated that liability for stormwater property damage could not be determined without additional re- view. City Attorney Brumwell stated that the city's role in stormwater damage is limited to enforcement, with the city referring residents to private attorneys for legal guidance. City Coun- cil members discussed the need for additional housing and that traffic patterns at certain schools could potentially be reviewed in the fu- ture. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 8-23 Amending Title 16 of The Unified Development Code of the City of Dubuque Code of Ordinances by Re- scinding Ordinance 10-96 and Ordinance 45- 93 and Adopting a PUD Planned Unit Develop- ment with a PR Planned Residential District Designation and Conceptual Development Plan for one 16-Unit and one 24-Unit Multi - Family Residential Building with a Detached Garage. Seconded by Farber. Motion carried 7-0. ORDINANCE NO. 8 - 23 AMENDING TITLE 16 OF THE UNIFIED DE- VELOPMENT CODE OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RE- SCINDING ORDINANCE 10-96 AND ORDI- NANCE 45-93 AND ADOPTING A PUD PLANNED UNIT DEVELOPMENT WITH A PR PLANNED RESIDENTIAL DISTRICT DESIGNATION AND CONCEPTUAL DEVEL- OPMENT PLAN FOR ONE 16-UNIT AND ONE 24-UNIT MULTI -FAMILY RESIDENTIAL BUILDING WITH A DETACHED GARAGE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the Unified De- velopment Code of the City of Dubuque Code of Ordinances is hereby amended by reclassi- fying the hereinafter -described property from PUD with a PR Planned Residential District designation to PUD Planned Unit Development District with a PR Planned Residential District designation, and adopting a conceptual devel- opment plan, a copy of which is [provided] to and made a part hereof, is hereby adopted and approved for the following described property, to wit: Lot 2 St. Mary's Place No. 4 and to the centerline of the adjoining public right- of-way, all in the City of Dubuque, Iowa. A. Use Regulations - The following regula- tions shall apply to all uses made of land in the above -described PR Planned Res- idential District: 1. Principal permitted uses shall be lim- ited to one 16-unit multi -family residen- tial building, one 24-unit multi -family residential buildings, and a detached parking garage. 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 Dis- trict shall be regulated as follows: 1. Buildings setbacks shall be located in substantial conformance with the ap- proved conceptual development plan. 2. Maximum building height of 40 ft. shall be allowed in this Planned Residential District. 3. Unless otherwise indicated, the devel- opment of the property in this Planned Residential District shall be regulated by Section 16-5-5 of the Unified Devel- opment Code, R-4 Multi -Family Resi- dential District. C. Performance Standards - The develop- ment and maintenance of uses in this PR Planned Residential District shall be reg- ulated as follows: 1. Parking Regulations a. All vehicle -related features shall be surfaced with either asphalt or con- crete. b. Curbing and proper surface drainage of storm water shall be provided. c. All parking and loading spaces shall be delineated on the surfacing mate- rial by painted stripes or other perma- nent means. Page 908 of 2498 Book 153 Regular Session, March 20, 2023 93 d. Off-street parking shall be provided screening shall be completely opaque based on the approved conceptual fence, wall, or other feature not ex - plan. ceeding a height of 10 ft. measured e. The number, size, and design of from the ground level outside the line parking spaces shall be governed by of the screen. Screens built on sloping applicable provisions of the Unified grades shall be stepped so that their Development Code Section 13-3 Site top line shall be horizontal. Exposed Development Regulations. materials used to construct the f. The number, size, design, and loca- opaque screen shall be similar in ap- tion of parking spaces designated for pearance to materials used for exte- persons with disabilities shall be ac- rior building walls. All exterior en - cording to the local, state, or federal trances to a screened trash area shall requirements in effect at the time of be provided with a gate or door of sim- development. ilar design to that of the screen. If a Site Lighting 10-foot height screen fails to shield a. Exterior illumination of site features the exterior trash collection area from shall be limited to the illumination of view from the adjacent public right -of - the following: way and neighboring properties, ever- i. Parking areas, driveways, and load- green plantings may be required in ing facilities. addition to the screening. Evergreen ii. Pedestrian walkway surfaces and plant material shall be selected and entrances to building. designed so that they screen the area iii. Building exterior. from all off -site visibility within five (5) b. Location and Design years. i. No light source shall provide illumi- 6. Open Space - Open space and land - nation onto adjacent lots, buildings, scaping in the PR Planned Residential or streets in excess of 1.0-foot can- District shall be regulated as follows. dle. Those areas not designated on the con- ii. All exterior lighting luminaries shall ceptual development plan shall be be designed and installed to shield maintained as open space, as defined light from the luminaries at angles Article 13 of the Unified Development above 72-degrees from vertical. Code of the City of Dubuque, Iowa, by iii. Fixtures mounted on a building the property owner and/or association. shall not be positioned higher than 7. Platting - Subdivision plats and im- the roofline of the building. provement plans shall be submitted in iv. All electrical service lines to posts accordance with Article 11 Land Subdi- and fixtures shall be underground vision, of the City of Dubuque Unified and concealed inside the posts. Development Code. 3. Landscaping - Landscaping shall be 8. Site Plans. Final site development provided in compliance with Section 13- plans shall be submitted in accordance 4 Landscaping and Screening Require- with Article 12 Site Plans and Article 13 ments of the Unified Development Site Design Standards prior to con - Code. struction of each building and vehicle- 4. Storm Water Management - The devel- related feature unless otherwise ex- oper shall be responsible for providing empted by Article 12. surface or subsurface conveyance(s) of D. Sign Regulations storm water from the lot to existing 1. Signs in the Planned Residential Dis- storm sewers or to flow line of open trict shall be regulated in accordance drainageways outside the lot in a with the R-4 Multi -Family Residential means that is satisfactory to the Engi- Zoning District sign regulations, Section neering Department of the City of Dubu- 16-15-11.1 of the Unified Development que. Other applicable regulations en- Code. forced by the City of Dubuque relative 2. Variance requests from sign require - to storm water management and drain- ments for size, number, and height shall age shall apply. be reviewed by the Zoning Board of Ad- 5. Exterior Trash Collection Areas justment in accordance with Section 16- a. The storage of trash and debris shall 8-6 of the Unified Development Code. be limited to that produced by the E. Other Codes and Regulations principal permitted use and accessory 1. Service Lines. All electric, telephone, uses on the lot. cable, or other similar utility lines serv- b. All exterior trash collection areas and ing the building and other site features the material contained therein shall be shall be located underground. visually screened from view. The 2. The use of semi -trailers and shipping Page 909 of 2498 Book 153 Regular Session, March 20, 2023 94 containers for storage is prohibited. 3. These regulations do not relieve the owner from other applicable city, county, state, or federal codes, regula- tions, laws, and other controls relative to the planning, construction, operation, and management of property within the City of Dubuque. F. Ordinance History 1. Ord. 45-93: Establishment of a Planned Unit Development for a 16-unit condominium development. 2. Ord. 10-96: Establishment of a Planned Unit Development for a 64-unit senior housing development. G. Transfer of Ownership - Transfer of own- ership or lease of property in this PR Planned Residential District shall include the transfer or lease agreement a provi- sion that the purchaser or lessee acknowledges awareness of the condi- tions authorizing the establishment of the district. H. Modifications - Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclas- sification proceedings of Article 9-5 of the Unified Development Code. I. Occupancy Permits - No occupancy per- mit 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. J. Recording -A copy of this ordinance shall be recorded at the expense of the prop- erty owner(s) with the Dubuque County Recorder a permanent record of the con- ditions accepted as part of this reclassifi- cation approval within thirty (30) days af- ter the adoption of this ordinance. This or- dinance shall be binding upon the under- signed and his/her heirs, successors, and assigns. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory 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 20t" day of March 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Amendment of the Dubuque Industrial Center Economic Development District Urban Renewal Plan, Version 2023.1: Motion by Roussell to receive and file the documents and adopt Resolution No. 73-23 Approving the Amended and Restated Urban Renewal Plan, Version 2023.1, for the Dubuque Industrial Center Economic Development District. Seconded by Sprank. Motion carried 7-0. RESOLUTION NO. 73-23 APPROVING THE AMENDED AND RE- STATED URBAN RENEWAL PLAN, VER- SION 2023.1, FOR THE DUBUQUE INDUS- TRIAL CENTER ECONOMIC DEVELOP- MENT DISTRICT Whereas, by Resolution 52-23 adopted on February 20, 2023, the City Council of the City of Dubuque, Iowa authorized the preparation of an Amended and Restated Urban Renewal Plan (the "Amended and Restated Urban Re- newal Plan" or "Plan") for the Dubuque Indus- trial Center Economic Development District (the "District"); and Whereas, the Amended and Restated Ur- ban Renewal Plan for the District, Version 2023. 1, is on file in the City Clerk's Office; and Whereas, the City Council's primary objec- tive for the Amended and Restated Urban Re- newal Plan for the District is to remove property from Subarea E of the District and to add a pro- ject to the Public Purpose Activities as shown in the [provided] Amended and Restated Urban Renewal Plan to provide opportunities which will further economic development purposes and objectives as described in the Plan; and Whereas, a consultation process has been undertaken with affected taxing entities in ac- cordance with Chapter 403 of the Code of Iowa and no written objections or recommended changes to the Plan have been received; and Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public hearing on the Amended and Restated Urban Renewal Plan after public notice thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, Ver- sion 2023.1, is hereby approved. Section 2. That a feasible method exists for the location of any families who will be dis- placed from the District, as amended, into de- cent, safe, and sanitary dwelling accommoda- tions within their means and without undue hardship to such families; and that the Amended and Restated Plan conforms to the general plan of the City as a whole. With re- spect to any real property in the District ac- quired by the City in connection with the land and projects included in the Plan, non-residen- tial use is expected and with reference to those portions thereof which are to be developed for non-residential uses, such non-residential uses are necessary and appropriate to facili- tate the proper growth and development of the City in accordance with sound planning Page 910 of 2498 Book 153 Regular Session, March 20, 2023 95 standards and local community objectives. Section 3. That the District, as amended, continues to be an area for economic develop- ment (commercial and industrial) within the meaning of Iowa Code Chapter 403; that such area is eligible for designation as an urban re- newal area and otherwise meets all requisites under the provisions of Iowa Code Chapter 403; and that the rehabilitation, conservation, redevelopment, development, or a combina- tion thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of this City. Section 4. That, notwithstanding any reso- lution, ordinance, plan, amendment, or any other document, the Amended and Restated Plan shall be in full force and effect from the date of this Resolution until the Council amends or repeals the Plan. Section 5. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and di- rected to file a certified copy of this Resolution in the office of the Dubuque County Auditor. Passed, approved, and adopted this 20th day of March, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Amendment of the Dubuque Industrial Center Economic Development District Urban Renewal Plan, Version 2023.2: Motion by Far- ber to receive and file the documents and adopt Resolution No. 74-23 Approving the Amended and Restated Urban Renewal Plan, Version 2023.2, for the Dubuque Industrial Center Economic Development District. Se- conded by Resnick. Motion carried 7-0. RESOLUTION NO. 74-23 APPROVING THE AMENDED AND RE- STATED URBAN RENEWAL PLAN, VER- SION 2023.2, FOR THE DUBUQUE INDUS- TRIAL CENTER ECONOMIC DEVELOP- MENT DISTRICT Whereas, by Resolution 53-23 adopted on February 20, 2023, the City Council of the City of Dubuque, Iowa authorized the preparation of an Amended and Restated Urban Renewal Plan (the "Amended and Restated Urban Re- newal Plan" or "Plan") for the Dubuque Indus- trial Center Economic Development District (the "District"); and Whereas, the Amended and Restated Ur- ban Renewal Plan for the District, Version 2023.2, is on file in the City Clerk's Office; and Whereas, the City Council's primary objec- tive for the Amended and Restated Urban Re- newal Plan for the District is to expand the Dis- trict by creating Subarea S and to add a project to the Public Purpose Activities as shown in the Amended and Restated Urban Renewal Plan Version 2023.2 to provide opportunities which will further economic development purposes and objectives as described in the Plan; and Whereas, a consultation process has been undertaken with affected taxing entities in ac- cordance with Chapter 403 of the Code of Iowa and no written objections or recommended changes to the Plan have been received; and Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public hearing on the Amended and Restated Urban Renewal Plan after public notice thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, Ver- sion 2023.2, is hereby approved. Section 2. That a feasible method exists for the location of any families who will be dis- placed from the District, as amended, into de- cent, safe, and sanitary dwelling accommoda- tions within their means and without undue hardship to such families; and that the Amended and Restated Plan conforms to the general plan of the City as a whole. With re- spect to any real property in the District ac- quired by the City in connection with the land and projects included in the Plan, non-residen- tial use is expected and with reference to those portions thereof which are to be developed for non-residential uses, such non-residential uses are necessary and appropriate to facili- tate the proper growth and development of the City in accordance with sound planning stand- ards and local community objectives. Section 3. That the District, as amended, continues to be an area for economic develop- ment (commercial and industrial) within the meaning of Iowa Code Chapter 403; that such area is eligible for designation as an urban re- newal area and otherwise meets all requisites under the provisions of Iowa Code Chapter 403; and that the rehabilitation, conservation, redevelopment, development, or a combina- tion thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of this City. Section 4. That, notwithstanding any reso- lution, ordinance, plan, amendment, or any other document, the Amended and Restated Plan shall be in full force and effect from the date of this Resolution until the Council amends or repeals the Plan. Section 5. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and di- rected to file a certified copy of this Resolution in the office of the Dubuque County Auditor. Passed, approved, and adopted this 20t" day of March, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk Page 911 of 2498 Book 153 Regular Session, March 20, 2023 96 5. Request to Vacate a Portion of Certain Sanitary Sewer Easements across a Part of Lot 1 of Dubuque Industrial Center 14t' Addition: Motion by Sprank to receive and file the docu- ments and adopt Resolution No. 75-23 Dispos- ing of Property by Vacating City Interest in a Portion of Easements for Sanitary Sewer Utili- ties Over and Across a Part of Lot 1 of Dubu- que Industrial Center 14th Addition, in the City of Dubuque, Iowa. Seconded by Resnick. Mo- tion carried 6-0 with Jones momentarily away from the dais at the time of the vote. RESOLUTION NO. 75-23 DISPOSING OF PROPERTY BY VACATING CITY INTEREST IN A PORTION OF EASE- MENTS FOR SANITARY SEWER UTILITIES OVER AND ACROSS A PART OF LOT 1 OF DUBUQUE INDUSTRIAL CENTER 14T" AD- DITION, IN THE CITY OF DUBUQUE, IOWA Whereas, the City Council, by Resolution No. 61-23, dated the 6th day of March 2023, de- clared its intent to dispose of City interest in util- ity easements on real property, legally de- scribed as: Part of Lot 1 of Dubuque Industrial Cen- ter 14th Addition, in the City of Dubuque, Dubuque County, Iowa, according to the recorded plat thereof (the Property); and Whereas, per an agreement between the City of Dubuque, Dubuque Initiatives, MAR Holdings, and Geisler Family Realty Company, the parties wish to set forth terms for the relo- cation of a proposed public sanitary sewer util- ity located in Part of Lot 1 of Dubuque Industrial Center 14th Addition, in the City of Dubuque, Dubuque County, Iowa; and Whereas, that sanitary sewer easements were included on the Plat of Survey recorded as Instrument No. 10616-99 and the Final Plat recorded as Instrument No. 2006-11108 in the Dubuque County Recorder's Office; and Whereas, a part of the City of Dubuque sanitary sewer that had previously been con- structed inside the easements provided on Plat of Survey recorded as Instrument No. 10616- 99 and the Final Plat recorded as Instrument No. 2006-11108 in the Dubuque County Re- corder's Office have been relocated to a new alignment by Geisler Family Realty; and Whereas, per Resolution No. 272-22 the City of Dubuque has inspected and tested and accepted the newly constructed and relocated sanitary sewer for ownership and maintenance and as per Resolution No. 40-22 the City has accepted a Grant of Sanitary Sewer for the newly constructed and relocated sanitary sewer; and Whereas, per said agreement the City is re- sponsible for vacating a portion of the former sanitary sewer easement area through a part of Lot 1 of Dubuque Industrial Center 14th Addition, in the City of Dubuque, Dubuque County, Iowa. Whereas, pursuant to published notice, a public hearing was held on the proposed dis- position on the 6th day of March 20, 2023 at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council that City interest in a portion of the san- itary sewer easements across a part of Lot 1 of Dubuque Industrial Center 14th Addition, in the City of Dubuque, Iowa, included on the Plat of Survey recorded as Instrument No. 10616-99 and the Final Plat recorded as Instrument No. 2006-11108 in the Dubuque County Re- corder's Office, as shown on the [provided] Ex- hibit A should be vacated and doing so 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. The City hereby vacates all inter- est in a portion of the sanitary sewer ease- ments across a part of Lot 1 of Dubuque Indus- trial Center 14th Addition, in the City of Dubu- que, Iowa, included on the Plat of Survey rec- orded as Instrument No. 10616-99 and the Fi- nal Plat recorded as Instrument No. 2006- 11108 in the Dubuque County Recorder's Of- fice, as shown on the [provided] Exhibit A. Section 2. The City Clerk is hereby author- ized to and directed to record this resolution with the Dubuque County Recorder. Passed, approved, and adopted this 20th day of March 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk PUBLIC INPUT Regarding Action Item No. 3, Mark Amber, 315 River Ridge St., spoke in opposition to the recommended management firm. ACTION ITEMS 1. Solid Waste Automated Curbside Collec- tion System Implementation Council Update: Motion by Resnick to receive and file the docu- ments and listen to the presentation. Seconded by Farber. Public Works Director John Kloster- mann introduced Assistant Public Works Direc- tor Arielle Swift, who made a presentation on the implementation plan for the automated solid waste conveyance system and the distri- bution of solid waste carts to support that sys- tem. Responding to a question from the City Council, Resource Management Supervisor Jacob Jansen and Mr. Klostermann stated that the department is developing a procedure to assist specific residents who need assistance with collecting their solid waste carts. Motion carried 7-0. Page 912 of 2498 Book 153 Regular Session, March 20, 2023 97 2. Emergency Preparedness Railway Inci- dents Presentation: Motion by Roussell to re- ceive and file the documents and listen to the presentation. Seconded by Sprank. Thomas Berger, Dubuque County Emergency Manage- ment Coordinator, made a presentation on emergency preparedness for railway incidents. Responding to a question from the City Coun- cil, Mr. Berger stated that he receives weekly reports from the railroad companies summariz- ing the types of chemicals they transported in the past week. Mr. Berger also stated that rail- road companies are governed at the federal level, therefore railroad companies would com- municate any suggested improvements to the appropriate federal agency. City Council mem- bers expressed their desire to have open com- munication with the railroad companies. Motion carried 7-0. 3. Grand River Center Management Agree- ment with Global Spectrum, L.P. d/b/a OVG360 Approval: Motion by Farber to receive and file the documents, approve the Grand River Center Management Agreement be- tween the City of Dubuque and Global Spec- trum, L.P. d/b/a OVG360, and listen to the presentation. Seconded by Jones. Leisure Ser- vices Manager Marie Ware made a presenta- tion and introduced Shura Garnett, Senior Vice President of Convention Centers for OVG360. Responding to questions from the City Council, Ms. Garnett stated that the company will create a list of revenue enhancing priorities for the capital fund and that they intend to retain as many current Grand River Center employees as possible. City Manager Van Milligen stated that partnering with a national firm will help the Grand River Center host more events, there- fore benefiting Dubuque hotels and amenities. Motion carried 7-0. 4. Amending Tax Increment Ordinance 28- 22A for the Dubuque Industrial Center Eco- nomic Development District, as amended by Version 2023.1 of the Amended and Restated Plan: Motion by Roussell to receive and file the documents and that the requirement that a pro- posed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Farber. Motion carried 7-0. Motion by Roussell for final consideration and passage of Ordinance No. 9-23 Correcting and amending Ordinance No. 28-22A, previ- ously amended, providing that general property taxes levied and collected each year on all property located within the Amended and Re- stated Dubuque Industrial Center Economic Development District Urban Renewal Area of the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, includ- ing bonds issued or to be issued, incurred by said city in connection with the Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Redevel- opment Project by removing certain property from Subarea E from the division of revenues. Seconded by Farber. Motion carried 7-0. ORDINANCE NO. 9-23 CORRECTING AND AMENDING ORDI- NANCE NO. 28-22A, PREVIOUSLY AMENDED, PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COL- LECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE AMENDED AND RE- STATED DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT UR- BAN RENEWAL AREA OF THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF DUBUQUE, COUNTY OF DUBUQUE, DUBUQUE COM- MUNITY SCHOOL DISTRICT, AND OTHER TAXING DISTRICTS, BE PAID TO A SPE- CIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES AD- VANCED TO AND INDEBTEDNESS, IN- CLUDING BONDS ISSUED OR TO BE IS- SUED, INCURRED BY SAID CITY IN CON- NECTION WITH THE AMENDED AND RE- STATED DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT UR- BAN RENEWAL REDEVELOPMENT PRO- JECT BY REMOVING CERTAIN PROPERTY FROM SUBAREA E FROM THE DIVISION OF REVENUES Whereas, the Amended and Restated Ur- ban Renewal Plan for the Dubuque Industrial Center Economic Development District (the "District") described in Resolution No. 130-88 was adopted on May 2, 1988 and was thereaf- ter amended and restated by Resolution No. 484-90 on December 17, 1990, Resolution No. 142-97 on April 7, 1997, Resolution No. 478-97 on November 17, 1997, Resolution No. 15-08 on January 7, 2008, Resolution No. 101-08 on March 17, 2008, Resolution No. 109-08 on April 7, 2008, Resolution No. 87-11 on March 7, 2011, Resolution No. 171-13 on June 3, 2013, Resolution No. 197-15 on June 1, 2015, Resolution No. 309-15 on September 8, 2015, Resolution No. 132-16 on September 19, 2016, Resolution No. 157-18 and Resolution No. 158-18 on May 21, 2018, Resolution 380-18 on December 17, 2018, Resolution 125-21 and Resolution 126-21 on April 19, 2021, Resolu- tion 323-21 and Resolution 324-21 on Septem- ber 20, 2021, Resolution 387-21 on November Page 913 of 2498 Book 153 Regular Session, March 20, 2023 98 1, 2021, Resolution 197-22 on May 16, 2022, Addition; and by Resolution 289-22 on September 6, 2022, Lot 1-2-2 Dubuque Industrial Center by Resolution No. 290-22 on September 6, Fifth Addition; and 2022, and by Resolution 73-23 on March 20, Lot 1 Dubuque Industrial Center Fifth 2023 (as amended and restated, the "Urban Addition; and Renewal Plan" or "Amended and Restated Ur- Lot 1 Dubuque Industrial Center 11th ban Renewal Plan"); and Addition; and Whereas, the City Council of the City of Lot 1 of 2 of Dubuque Industrial Cen- Dubuque, Iowa originally provided for the divi- ter Fifth Addition; and sion of taxes pursuant to Section 403.19 of the Lot 1 of 2 of Dubuque Industrial Cen- Code of Iowa within the District in Ordinance ter Fifth Addition; and No. 26-88 passed and approved on May 2, Lot 1-3 Dubuque Industrial Center 1988 and thereafter amended and restated by 12t" Addition; and Ordinance No. 63-88 on December 5, 1988, by Lot 1 of lot 3 of final plat of lot 1 of Ordinance No. 66-97 on November 17, 1997, Dubuque Industrial Center First Ad - by Ordinance No. 70-08 on October 20, 2008, dition; and by Ordinance No. 10-14 on February 3, 2014, Lot 1 Dubuque Industrial Center 10th by Ordinance No. 39-15 on June 1, 2015, by Addition; and Ordinance No. 55-15 on September 8, 2015, Lot 2-3 Dubuque Industrial Center by Ordinance No. 49-16 on September 19, 12t'' Addition; and 2016, Ordinance 18-18 on May 21, 2018, by Lots 1 & 2 of final plat of lot 1 of Dubu- Ordinance 45-18 on December 17, 2018, by que Industrial Center First Addition; Ordinance 15-21 and Ordinance 16-21 on April and 19, 2021, by Ordinance 22-21 on June 7, 2021, Lot 1 Dubuque Industrial Center 12th by Ordinance 31-21 and Ordinance 32-21 on Addition; and September 20, 2021, by Ordinance 37-21 on Lot 2 Dubuque Industrial Center Ninth November 1, 2022, by Ordinance 21-22 on Addition; and May 16, 2022, by Ordinance 28-22 on Septem- Lot 2 Dubuque Industrial Center 12th ber 6, 2022, and by Ordinance 28-22A on No- Addition; and vember 7, 2022; and Lot 2-2 Dubuque Industrial Center Whereas, indebtedness has been incurred Sixth Addition; and by the City, and additional indebtedness is an- Lot 3 Dubuque Industrial Center Ninth ticipated to be incurred in the future, to finance Addition; and urban renewal project activities within the Dis- Lot 1 Dubuque Industrial Center Sixth trict, and the continuing needs of redevelop- Addition; and ment within the District are such as to require Lot 2 of 2 Dubuque Industrial Center the continued application of the incremental tax 7th Addition; and resources of the District; and Lot 2-1 Walter Addition; and Whereas, the following enactment is nec- Lot 2-1 Walter Addition; and essary to accomplish the objectives described All adjoining public right-of-way, all in in the premises. the City of Dubuque, Dubuque NOW, THEREFORE, BE IT ORDAINED County, Iowa. BY THE CITY COUNCIL OF THE CITY OF The Original Project Area is referred DUBUQUE, IOWA, THAT: to as "Subarea A" in the Urban Re - Ordinance Number 28-22A is hereby newal Plan hereinafter described. amended to read as follows: (b) Subarea B has been removed from the Section 1: For purposes of this Ordinance, division of revenues by Ordinance 22-21 the following terms shall have the following on June 7, 2021. meanings: (c) Subarea C means that portion of the (a) Original Project Area means that portion City of Dubuque, Iowa described as Sub - of the City of Dubuque, Iowa described in area C in the Amended and Restated Ur - the Urban Renewal Plan for the District ban Renewal Plan for the District ap- approved by Resolution No. 130-88 on proved by Resolution No. 289-22 on Sep - May 2, 1988, and subsequently amended tember 6, 2022, which Subarea C in - by Resolution No. 484-90 on December cludes the lots and parcels located within 17, 1990, which Original Project Area in- the area legally described as follows: cludes the lots and parcels located within Lots 1 and 2 of Dubuque Industrial the area now legally described as follows: Center North Second Addition; All of Dubuque Industrial Center Lots 2, 3, C and A of Dubuque In - Eighth Addition; and dustrial Center North First Addition, All of Lot 1 Dubuque Industrial Center excepting that Part of said Lot A orig- 13t' Addition; and inally platted as Lot 2 of the SW '/4 of Lot 2 Dubuque Industrial Center 13th the NW '/4 of Sec. 30, T89N, R2E of Page 914 of 2498 Book 153 Regular Session, March 20, 2023 99 the 511 PM; and any adjoining public Iowa; street right-of-way, all in the City of Lot 2 in "W.A. Norman Place" in Dubuque, Dubuque County, Iowa, Section 25, Center Township, Dubu- EXCEPT those lots and parcels in- que County, Iowa, according to the cluded in Subarea K, those lots and plat thereof; and parcels included in Subarea O, and The NW 1/4 of the SE 1/4 of Section those lots and parcels included in 25, Township 89 North, Range 1 East Subarea R. of the 5ch P.M., in Center Township, (d) Subarea D means that portion of the Dubuque County, Iowa. City of Dubuque, Iowa described as Sub- (g) Subarea G means that portion of the area D in the Amended and Restated Ur- City of Dubuque, Iowa, and Dubuque ban Renewal Plan for the District ap- County described as Subarea G in the proved by Resolution No. 109-08 on April Amended and Restated Urban Renewal 7, 2008, which Subarea D includes the Plan for the District approved by Resolu- lots and parcels located within the area tion No. 309-15 on September 8, 2015, legally described as follows: which Subarea G includes the lots and Lots 1, 2, and B and all of the right parcels located within the area legally de - of way of Chavenelle Court in Dubu- scribed as follows: que Industrial Center West 8ch Addi- The South one-half of the Northwest tion in the City of Dubuque, Dubuque Quarter of Section 29, Township 89 County, Iowa. North, Range 2 East of the 5'h P.M., in (e) Subarea E means that portion of the the City of Dubuque, Iowa. City of Dubuque, Iowa described as Sub- Lot 1 of Lot 1 of the Northwest Quar- area E in the Amended and Restated Ur- ter of the Northwest Quarter of Sec - ban Renewal Plan for the District ap- tion 29, Township 89 North, Range 2 proved by Resolution No. 73-23 on March East of the 5ch P.M., in the City of 20, 2023, which Subarea E includes the Dubuque, Iowa. lots and parcels located within the area Lot 2 of McFadden Farm Place #2, legally described as follows: in the City of Dubuque, Iowa. All of Dubuque Industrial Center Lot 2 of McFadden Farm Place, in South First Addition in the City of the City of Dubuque, Iowa. Dubuque, Iowa, except Lot 2 of Dubu- Lot A of Lot 1 of 1 of the Southwest que Industrial Center South First Ad- Quarter of the Southwest Quarter of dition in the City of Dubuque, Iowa; Section 29, Township 89 North, and Range 2 East of the 511 P.M., in the All of Seippel Road right of way from City of Dubuque, Iowa. the north boundary line of Lot 1 of 1 of Lot A of Lot 1 of 1 of the Northwest South Fork Subdivision No. 1 in the Quarter of the Southwest Quarter of City of Dubuque, to the south bound- Section 29, Township 89 North, ary lines of Lot H of Dubuque Indus- Range 2 East of the 5ch P.M., in the trial Center West and Lot 1 of Dubu- City of Dubuque, Iowa. que Industrial Center West 2nd Addi- All in the City of Dubuque, Dubuque tion in the City of Dubuque, Dubuque County, Iowa. County, Iowa, including crossings at (h) Subarea H means that portion of the the intersections of Old Highway City of Dubuque, Iowa, and Dubuque Road and Chicago Central & Pacific County described as Subarea H in the Railroad rights -of -way. Amended and Restated Urban Renewal (f) Subarea F means that portion of the City Plan for the District approved by Resolu- of Dubuque, Iowa, and Dubuque County tion No. 332-16 on September 19, 2016, described as Subarea F in the Amended which Subarea H includes the lots and and Restated Urban Renewal Plan for the parcels located within the area legally de - District approved by Resolution No. 197- scribed as follows: 15 on June 1, 2015, which Subarea F in- Lot 1 of the Northeast '/4 of the cludes the lots and parcels located within Northeast 1/4, and Lot 2 of Lot 1 of Lot the area legally described as follows: 1 of Lot 2 of the Northeast '/4 of the Lot one (1) of Graf Farm Subdivision Northeast '/4, of Section 30, in Town- #2, Dubuque County, Iowa, according ship 89 North, Range 2 East of the 5th to the recorded plat thereof; P.M., in the City of Dubuque, Iowa. Lot 1 of Lot 1 of Lot 1 of Lot 1 of (i) Subarea I means that portion of the City West One-half of Northeast One- of Dubuque, Iowa, and Dubuque County quarter, Section 25, Township 89 described as Subarea I in the Amended North, Range 1 East of the 5ch P.M., in and Restated Urban Renewal Plan for the Center Township, Dubuque County, District approved by Resolution No. 332- Page 915 of 2498 Book 153 Regular Session, March 20, 2023 100 16 on September 19, 2016, which Sub- area legally described as follows: area I includes the lots and parcels lo- Lot 2 of the Subdivision of Lot 2 of cated within the area legally described as the Northeast'/4 of the Northeast'/4 of follows: Section 30, Township 89 North, Lot 2 Seippel Road Place #2, Dubu- Range 2 East of the 5th P.M. all in the que County, Iowa. City of Dubuque, Dubuque County, Lot 2-1-1 of the Southeast Quarter Iowa. of the Southeast Quarter of Section (n) Subarea N means that portion of the 25, Township 89 North, Range 2 East City of Dubuque, Iowa described as Sub - of the 51h P.M., Dubuque County, Iowa area N in the Amended and Restated Ur - Subarea J means that portion of the City ban Renewal Plan for the District ap- of Dubuque, Iowa, and Dubuque County proved by Resolution 126-21 on April 19, described as Subarea J in the Amended 2021, which Subarea N includes the lots and Restated Urban Renewal Plan for the and parcels located within the area legally District approved by Resolution No. 332- described as follows: 16 on September 19, 2016, which Sub- Lot 1 of Dubuque Industrial Center area J includes the lots and parcels lo- North First Addition, in the City of cated within the area legally described as Dubuque, Iowa; and follows: All of the street right of way of Inno- Lot 2 Julien Care Place, Dubuque vation Drive adjacent to Lot 1 of County, Iowa. Dubuque Industrial Center North First Lot 3 Julien Care Place, Dubuque Addition, in the City of Dubuque, County, Iowa Iowa. Lot 2-1 Julien Care Place, Dubuque All in the City of Dubuque, Iowa County, Iowa (o) Subarea O means that portion of the (k) Subarea K means that portion of the City City of Dubuque, Iowa removed from of Dubuque, Iowa, removed from Sub- Subarea C and now described as Sub- area C of the District by Version 2018.1 of area O in the Amended and Restated Ur - the Amended and Restated Plan for the ban Renewal Plan for the District ap- District approved by Resolution No. 157- proved by Resolution 324-21 on Septem- 18, and added to the District by Version ber 20, 2021, which Subarea O includes 2018.2 of the Amended and Restated the lots and parcels located within the Plan for the District approved by Resolu- area legally described as follows: tion No. 158-18 as Subarea K, all on May Lot 2 of Dubuque Industrial Center 21, 2018, which Subarea K includes the North Third Addition, in the City of lots and parcels located within the area Dubuque, Iowa; and legally described as follows: A Part of Lot C in Dubuque Indus - Lot 1 of Dubuque Industrial Center trial Center North First Addition in the North Third Addition, in the City of City of Dubuque, Iowa, being more Dubuque, Iowa. particularly described as follows: (1) Subarea L means that portion of the City Commencing at the northwest cor- of Dubuque, Iowa described as Subarea ner of Lot 1 in Dubuque Industrial L in the Amended and Restated Urban Center North Second Addition in the Renewal Plan for the District approved by City of Dubuque, Iowa; Resolution 380-18 on December 17, Thence North 87 degrees 35 2018, which Subarea L includes the lots minutes 13 seconds East along the and parcels located within the area legally north line of said Lot 1, 65.47 ft. to the described as follows: Point of Beginning; Lot 1 of Loretta Bahl's Homestead, Thence North 87 degrees 35 in the City of Dubuque, Iowa, com- minutes 13 seconds East continuing prised of Lot 1 of the West 30 Acres along said north line of Lot 1, 467.29 of the Southwest '/4 of the Southeast ft.; '/4, Section 19, Township 89 North, Thence South 82 degrees 04 Range 2 East of the 5th P.M. all in the minutes 06 seconds East continuing City of Dubuque, Dubuque County, along said north line of Lot 1, 212.63 Iowa. ft.; (m) Subarea M means that portion of the Thence North 19 degrees 12 City of Dubuque, Iowa described as Sub- minutes 36 seconds East, 433.37 ft., area M in the Amended and Restated Ur- to a point on the easterly line of Lot 2 ban Renewal Plan for the District ap- in Dubuque Industrial Center North proved by Resolution 380-18 on Decem- Third Addition in the City of Dubuque, ber 17, 2018, which Subarea M includes Iowa; the lots and parcels located within the Thence North 90 degrees 00 Page 916 of 2498 Book 153 Regular Session, March 20, 2023 101 minutes 00 seconds West, 231.12 ft.; 00003964 in the Dubuque County Re - Thence North 60 degrees 11 corder's Office, and excepting there - minutes 47 seconds West, 280.07 ft.; from that land acquired for highway Thence North 51 degrees 38 right of way by the Iowa Department minutes 25 seconds West, 318.12 ft.; of Transportation known as Lot B of Thence South 57 degrees 28 Lot 1 of Lot 1 of the Northeast 1/4 of minutes 14 seconds West, 86.87 ft.; the Northeast 1/4 and of Lot 2 of the Thence South 18 degrees 59 Southeast 1/4 of the Northeast 1/4, all minutes 51 seconds East, 140.84 ft.; in Section 14, Township 88 North, Thence South 51 degrees 57 Range 2 East of the 5th P.M., County minutes 52 seconds East, 101.08 ft.; of Dubuque, State of Iowa, containing Thence South 01 degree 57 0.62 acres and as shown and de - minutes 06 seconds East, 108.09 ft.; scribed in the Warranty Deed filed as Thence South 33 degrees 59 Instrument Number 2011-00011776 minutes 54 seconds East, 90.10 ft.; in the Dubuque County Recorder's Thence South 44 degrees 57 Office; and minutes 34 seconds East, 130.53 ft.; All that land acquired for highway Thence South 12 degrees 19 right of way by the Iowa Department minutes 12 seconds West, 171.97 ft.; of Transportation known as Lot A of Thence South 87 degrees 35 Lot 1 of the Northwest 1/4 of the minutes 13 seconds West, 260.33 ft.; Northeast 1/4 and of Lot 1 of Lot 1 of Thence South 02 degrees 35 the Northeast 1/4 of the Northeast 1/4 minutes 19 seconds East, 40.00 ft., to and of Lot 2 of the Southeast 1/4 of the Point of Beginning, said part of Lot the Northeast 1/4, all in Section 14, C contains 6.59 acres, more or less. Township 88 North, Range 2 East of All in the City of Dubuque, Iowa the 5th P.M., County of Dubuque, (p) Subarea P means that portion of Dubu- State of Iowa, containing 11.95 acres que County and the City of Dubuque, and as shown and described in the Iowa described as Subarea P in the warranty deed filed as instrument Amended and Restated Urban Renewal number 2010-00003964 in the Dubu- Plan for the District approved by Resolu- que County Recorder's Office, and tion 387-21 on November 1, 2021, which All that land acquired for highway Subarea P includes the lots and parcels right of way by the Iowa Department located within the area legally described of Transportation known as Lot B of as follows: Lot 1 of Lot 1 of the Northeast 1/4 of Lot 2 of Wertzberger Acres No. 3, in the Northeast 1/4 and of Lot 2 of the Table Mound Township, Dubuque Southeast 1/4 of the Northeast 1/4, all County, Iowa, according to the rec- in Section 14, Township 88 North, orded Plat thereof; and Range 2 East of the 5th P.M., County The Southwest 1/4 of the Northeast of Dubuque, State of Iowa, containing 1/4, Lot 1 of the Northwest 1/4 of the 0.62 acres and as shown and de - Northeast 1/4, Lot 1 of Lot 1 of the scribed in the warranty deed filed as Northeast 1/4 of the Northeast 1/4, instrument number2011-00011776 in and Lot 2 of the Southeast 1/4 of the the Dubuque County Recorder's Of - Northeast 1/4, in Section 14, Town- fice; and ship 88 North, Range 2 East of the 5th All that land acquired for highway P.M., in Dubuque County, Iowa, ac- right of way by the Iowa Department cording to United States Government of Transportation known as Lot A of Survey and the recorded Plats Lot 2 of the Southwest 1/4 of the thereof, excepting therefrom that land Northwest 1/4, all in Section 13, acquired for highway right of way by Township 88 North, Range 2 East of the Iowa Department of Transporta- the 5th P.M., County of Dubuque, tion known as Lot A of Lot 1 of the State of Iowa, containing 7.50 acres Northwest 1/4 of the Northeast 1/4 and as shown and described in the and of Lot 1 of Lot 1 of the Northeast warranty deed filed as instrument 1/4 of the Northeast 1/4 and of Lot 2 number 2010-00007163 in the Dubu- of the Southeast 1/4 of the Northeast que County Recorder's Office; and 1/4, all in Section 14, Township 88 A part of that land acquired for high - North, Range 2 East of the 5th P.M., way right of way by the Iowa Depart - County of Dubuque, State of Iowa, ment of Transportation known as Lot containing 11.95 acres and as shown A of Lot 2 of 3 of Archdiocese Place and described in the Warranty Deed No. 2 at Key West in Section 11, filed as Instrument Number 2010- Township 88 North, Range 2 East of Page 917 of 2498 Book 153 Regular Session, March 20, 2023 102 the 51 P.M., County of Dubuque and 48°36'34" east on the northeasterly of Lot 2 of the Northwest 1/4 of the line of said lot 2 of 1 of the northeast Northeast 1/4 and of Lot 2 of 1 of the 1/4 of the northeast 1/4, 759.07 ft. to Northeast 1/4 of the Northeast 1/4 the southeast corner of said lot 2 of 1 and of Lot 1 of the Southeast Quarter of the northeast 1/4 of the northeast of the Northeast Quarter, all in Sec- 1/4, also being the northeast corner of tion 14, Township 88 North, Range 2 said lot 1 of the southeast 1/4 of the East of the 5th P.M., County of Dubu- northeast 1/4; thence south 02'41'19" que, State of Iowa, containing 51.12 east on the easterly line of said lot 1 acres and as shown and described in of the southeast 1/4 of the northeast the warranty deed filed as instrument 1/4, a distance of 954.91 ft. to the pre - number 2011-00018392 in the Dubu- sent northwesterly right-of-way line of que County Recorder's Office, more U.S. highway 61; thence south particularly described as follows: 38°00'39" west on said northwesterly Commencing at the east 1/4 corner right-of-way line, 485.62 ft. to the of said section 14; thence south 87' point of beginning, containing 31.49 (degrees) 30' (minutes) 08" (seconds) acres, more or less; and west (assumed bearing for the pur- An 80-foot-wide strip of land in the pose of this description) on the south Southeast Half of Section 31, Town - line of the northeast 1/4 of said sec- ship 89 North, Range 2 East, The tion 14, a distance of 316.67 ft. to the Southwest Quarter of Section 32, southeast corner of said lot 1 of the Township 89 North, Range 2 East, the southeast 1/4 of the northeast 1/4 North Half of Section 5, Township 88 which is on the present northwesterly North, Range 2 East, the Northwest, right-of-way line of U.S. highway 61, Northeast, and Southeast Quarters of being the point of beginning of the Section 4, Township 88 North, Range area herein described; thence contin- 2 East, the South Half of Section 3, uing south 87°30'08" west on said Township 88 North, Range 2 East, the south line, also being the south line of Southwest Quarter of Section 2, said lot 1 of the southeast 1/4 of the Township 88 North, Range 2 East, the northeast 1/4, a distance of 744.37 ft. Northwest, Northeast, and Southeast to the west line of said lot 1 of the Quarters of Section 11, Township 88 southeast 1/4 of the northeast 1/4; North, Range 2 East, and the North - thence north 01 °46'59" west on said east Quarter of Section 14, Township west line, 365.46 ft.; thence north 88 North, Range 2 East, of the Fifth 02°36'29" west on said west line, P.M., centered on the following de- 258.32 ft. to the northwesterly line of scribed line: said lot 1 of the southeast 1/4 of the Commencing at the Southeast Cor- northeast 1/4; thence north 15°33'01" ner of Lot B, Dubuque Industrial Cen- east on said northwesterly line, ter South First Addition, in the City of 189.90 ft.; thence north 20°16'31" Dubuque, Dubuque County, Iowa east on said northwesterly line, (Record Doc. #2014-1397), at the 100.25 ft.; thence north 31°16'30" Northerly Right -of -Way of Seippel east on said northwesterly line, Road; thence South 35°44'18" East 371.74 ft.; thence north 51°35'55" (Record North 35°52'10" West) along east on said northwesterly line, 46.89 the East Line of said First Addition, ft.; thence north 26°34'03" east on 11.13 ft.; thence South 10°51'45" said northwesterly line, 112.65 ft. to East, 40.00 ft. to the centerline of the northwest corner of said lot 1 of Seippel Road, the Point of Beginning; the southeast 1/4 of the northeast 1/4, thence North 79°08'15" East along also being the southwest corner of said centerline, 1004.09 ft.; thence said lot 2 of 1 of the northeast 1/4 of Easterly along the centerline of U. S. the northeast 1/4; thence north Highway 52 and the extension thereof 35°25'51" east on the westerly and an arc length of 880.50 ft. along a southwesterly line of said lot 2 of 1 of 1,200.00 foot radius curve being con - the northeast 1/4 of the northeast 1/4, cave southerly, having a long chord of a distance of 200.90 ft.; thence north South 79°50'32" East, 860.88 ft.; 01°11'53" west on said westerly and thence South 58°49'18" East along southwesterly line, 284.09 ft.; thence said centerline of U. S. Highway 52, north 51 °36'20" west on said westerly 2,489.33 ft.; thence Southeasterly and southwesterly line, 173.35 ft.; along said centerline of U. S. Highway thence south 73°41'30" east a dis- 52 an arc length of 3,363.36 ft. along tance of 115.82 ft.; thence south a 12,000.00 foot radius curve being Page 918 of 2498 Book 153 Regular Session, March 20, 2023 103 concave Northeasterly, having a long Center West 5th Addition in the City of chord of South 66°51'04" East, Dubuque, Iowa 3,352.36 ft.; thence South 74°52'50" All in the City of Dubuque, Iowa East along said centerline of U. S. (r) Subarea R means that portion of the City Highway 52, 1318.07 ft.; thence of Dubuque, Iowa described as Subarea Southeasterly along said centerline of R in the Amended and Restated Urban U. S. Highway 52 an arc length of Renewal Plan for the District approved by 1,569.39 ft. along a 12,000.00 foot ra- Resolution 290-22A on November 7, dius curve being concave Southwest- 2022, which Subarea R includes the lots erly, having a long chord of South and parcels located within the area legally 71°08'02" East, 1,568.27 ft.; thence described as follows: South 67'23'15" East along said cen- Part of Lot 3 in the Dubuque Indus- terline of U. S. Highway 52, 1093.39 trial Center North First Addition in the ft.; thence Southeasterly along said City of Dubuque, Dubuque County, centerline of U. S. Highway 52 an arc Iowa, Except Lot `A' of Lot 3 in Dubu- length of 1,414.18 ft. along a que Industrial Center North First Ad- 23,000.00 foot radius curve being dition in the City of Dubuque, Dubu- concave Southwesterly, having a long que County, Iowa, described as fol- chord of South 65°37'33" East, lows: Commencing at the southeast 1,413.95 ft.; thence South 63°51'52" corner of said Lot 3; thence East along said centerline of U. S. N00°36'04"W, 364.16 ft. along the Highway 52, 947.44 ft.; thence South- east line of said Lot 3; thence easterly along said centerline of U. S. S89°24'16"W, 502.28 ft. along the Highway 52 an arc length of 1,134.73 outside face of the south wall of the ft. along a 8,000.00 foot radius curve existing building to the point of begin - being concave Northeasterly, having ning; thence S00°35'44"E, 37.00 ft.; a long chord of South 67°55'41" East, thence S89°24'16"W, 170.00 ft.; 1,133.78 ft.; thence South 71°59'29" thence N00°35'44"W, 32.00 ft.; East along said centerline of U. S. thence S89°24'16"W, 210.00 ft.; Highway 52, 3,507.89 ft.; thence thence N00°35'44"W, 362.00 ft.; Southeasterly along said centerline of thence N89°24'16"E, 255.00 ft. to the U. S. Highway 52 an arc length of northerly extension of the outside face 7,787.63 ft. along a 7,500.00 foot ra- of the west wall of the existing build- dius curve being concave Southwest- ing; then S00°35'44"E, 357.00 ft. erly, having a long chord of South along said face of the west wall of the 42°14'42" East, 7,442.46 ft.; thence southwest corner of the existing build - South 12°29'54" East along said cen- ing; thence N89°24'16"E, 125.00 ft. terline of U. S. Highway 52, 750.54 ft.; along the face of the south wall of the thence Southeasterly along said cen- existing building to the point of begin- terline of U. S. Highway 52 an arc ning, containing 2.258 acres length of 449.54 ft. along a 4,000.00 All in the City of Dubuque, Iowa. foot radius curve being concave (s) Amended Project Area means that por- Northeasterly, having a long chord of tion of the City of Dubuque, Iowa and South 15°43'05" East, 449.31 ft., to Dubuque County included within the the End Point, the sidelines of said Original Project Area, Subarea C, Sub- 80-foot-wide strip of land are to be area D, Subarea E, Subarea F, Subarea shortened or lengthened to the inter- G, Subarea H, Subarea I, Subarea J, section of the easterly line of Dubu- Subarea K, Subarea L, Subarea M, Sub- que Industrial Center South First Ad- area N, Subarea O, Subarea P, Subarea dition, in the City of Dubuque, Dubu- Q, and Subarea R each as described in que County, Iowa as recorded in Doc. this Section. #2014-1397 and the intersection of Section 2: The taxes levied on the taxable the northerly line of Lot 1 and Lot 1 of property in the Amended Project Area, and 1 as recorded in Doc. #2010-3964. each subarea thereof, legally described in Sec- (q) Subarea Q means that portion of the tion 1 hereof, by and for the benefit of the State City of Dubuque, Iowa described as Sub- of Iowa, City of Dubuque, County of Dubuque, area Q in the Amended and Restated Ur- Dubuque Community School District, and all ban Renewal Plan for the District ap- other taxing districts from and after the effec- proved by Resolution 197-22 on May 16, tive date of this Ordinance shall be divided as 2022, which Subarea Q includes the lots hereinafter in this Ordinance provided. and parcels located within the area legally Section 3: As to the Original Project Area, described as follows: that portion of the taxes which would be pro - Lot 1-5 of Dubuque Industrial duced by the rate at which the tax is levied Page 919 of 2498 Book 153 Regular Session, March 20, 2023 104 each year by or for each of the taxing districts applicable to property in such subarea as taxing property in the Original Project Area of January 1 of the calendar year preced- upon the total sum of the assessed value of the ing the effective date of Ordinance No. taxable property in the Original Project Area as 55-15. shown on the assessment roll as of January 1, As to Subarea H, base period taxes 1987, being the first day of the calendar year shall be computed in the same manner preceding the effective date of Ordinance No. using the total assessed value shown on 26-88, shall be allocated to and when collected the assessment roll as of January 1, be paid into the fund for the respective taxing 2015, being the assessment roll applica- district as taxes by or for said taxing district into ble to property in such subarea as of Jan - which all other property taxes are paid. The uary 1 of the calendar year preceding the taxes so determined shall be referred herein as effective date of Ordinance No. 49-16. the "base period taxes" for such Subarea. As to Subarea I, base period taxes shall As to Subarea B, Subarea B has been be computed in the same manner using removed from the division of revenues by the total assessed value shown on the as - Ordinance 22-21. Subarea B will remain sessment roll as of January 1, 2015, be - within the District. ing the assessment roll applicable to As to Subarea C (except the lots and property in such subarea as of January 1 parcels now forming Subarea K and of the calendar year preceding the effec- those lots and parcels removed by tive date of Ordinance No. 49-16. Amended and Restated Urban Renewal As to Subarea J, base period taxes Plan Version 2021.4 now forming Sub- shall be computed in the same manner area O, and those lots and parcels re- using the total assessed value shown on moved by Ordinance 27-22, now forming the assessment roll as of January 1, Subarea R), base period taxes shall be 2015, being the assessment roll applica- computed in the same manner using the ble to property in such subarea as of Jan - total assessed value shown on the as- uary 1 of the calendar year preceding the sessment roll as of January 1, 2007, be- effective date of Ordinance No. 49-16. ing the assessment roll applicable to As to Subarea K, base period taxes property in such subarea as of January 1 shall be computed in the same manner of the calendar year preceding the effec- using the total assessed value shown on tive date of Ordinance No. 70-08, and the assessment roll as of January 1, base values shall be reduced due to the 2017, being the assessment roll applica- removal of area from Subarea C. ble to property in such subarea as of Jan - As to Subarea D, base period taxes uary 1 of the calendar year preceding the shall be computed in the same manner effective date of Ordinance No. 18-18. using the total assessed value shown on As to Subarea L, base period taxes the assessment roll as of January 1, shall be computed in the same manner 2007, being the assessment roll applica- using the total assessed value shown on ble to property in such subarea as of Jan- the assessment roll as of January 1, uary 1 of the calendar year preceding the 2017, being the assessment roll applica- effective date of Ordinance No. 70-08. ble to property in such subarea as of Jan - As to Subarea E, base period taxes uary 1 of the calendar year preceding the shall be computed in the same manner effective date of Ordinance No. 45-18. using the total assessed value shown on As to Subarea K base period taxes the assessment roll as of January 1, shall be computed in the same manner 2013, being the assessment roll applica- using the total assessed value shown on ble to property in such subarea as of Jan- the assessment roll as of January 1, uary 1 of the calendar year preceding the 2017, being the assessment roll applica- effective date of Ordinance No. 10-14. ble to property in such subarea as of Jan - As to Subarea F, base period taxes uary 1 of the calendar year preceding the shall be computed in the same manner effective date of Ordinance No. 45-18. using the total assessed value shown on As to Subarea N, base period taxes the assessment roll as of January 1, shall be computed in the same manner 2014, being the assessment roll applica- using the total assessed value shown on ble to property in such subarea as of Jan- the assessment roll as of January 1, uary 1 of the calendar year preceding the 2020, being the assessment roll applica- effective date of Ordinance No. 39-15. ble to property in such subarea as of Jan - As to Subarea G, base period taxes uary 1 of preceding the effective date of shall be computed in the same manner Ordinance No. 16-21. using the total assessed value shown on As to Subarea O, base period taxes the assessment roll as of January 1, shall be computed in the same manner 2014, being the assessment roll using the total assessed value shown on Page 920 of 2498 Book 153 Regular Session, March 20, 2023 105 the assessment roll as of January 1, 2020, being the assessment roll applica- ble to property in such subarea as of Jan- uary 1 of preceding the effective date of Ordinance 32-21. As to Subarea P, Subarea P has been removed from the division of revenues by Ordinance 21-22. Subarea P will remain within the District. As to Subarea Q, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2021, being the assessment roll applica- ble to property in such subarea as of Jan- uary 1 of the calendar year preceding the effective date of Ordinance No. 21-22. As to Subarea R, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2021, being the assessment roll applica- ble to property in such subarea as of Jan- uary 1 of the calendar year preceding the effective date of this Ordinance No. 28- 22-A. Section 4: That portion of the taxes each year in excess of the base period taxes for the Amended Project Area, determined for each sub -area thereof as provided in Section 3 of this Ordinance, shall be allocated to and when collected be paid into the special tax increment fund previously established by the City of Dubuque to pay the principal of and interest on loans, monies advanced to, or indebtedness, whether funded, refunded, assumed or other- wise, including bonds issued under authority of Section 403.9 or Section 403.12 of the Code of Iowa, incurred by the City of Dubuque, Iowa to finance or refinance, in whole or in part, urban renewal projects undertaken within the District pursuant to the Urban Renewal Plan, except that taxes for the regular and voter -approved physical plant and equipment levy of a school district imposed pursuant to Section 298.2 of the Code of Iowa and taxes for the instructional support program of a school district imposed pursuant to Section 257.19 (but in each case only to the extent required under Section 403.19(2)), taxes for the payment of bonds and interest of each taxing district, and taxes im- posed under Section 346.77 (22) related to joint county -city buildings, shall be collected against all taxable property within the Amended Project Area without any limitation as hereinabove provided. Section 5: Unless or until the total assessed valuation of the taxable property in the subar- eas of the Amended Project Area exceeds the total assessed value of the taxable property in said subareas shown by the assessment rolls referred to in Section 3 of this Ordinance, all of the taxes levied and collected upon the taxable property in the Amended Project Area shall be paid into the funds for the respective taxing dis- tricts as taxes by or for the taxing districts in the same manner as all other property taxes. Section 6: At such time as the loans, mon- ies advanced, bonds and interest thereon and indebtedness of the City of Dubuque referred to in Section 4 hereof have been paid, all mon- ies thereafter received from taxes upon the tax- able property in the Amended Project Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. Section 7: All ordinances or parts of ordi- nances in conflict with the provisions of this Or- dinance are hereby repealed. The provisions of this Ordinance are intended and shall be con- strued so as to continue the division of taxes from taxable property in the Amended Project Area under the provisions of Section 403.19 of the Code of Iowa, as authorized in this Ordi- nance No. 9-23. In the event that any provision of this Ordinance shall be determined to be contrary to law it shall not affect other provi- sions or application of this Ordinance which shall at all times be construed to fully invoke the provisions of Section 403.19 of the Code of Iowa with reference to the Amended Project Area and the subareas contained therein. Section 8: This Ordinance shall be in effect after its final passage, approval and publication as provided by law. Passed and approved this 20«' day of March, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Amending Tax Increment Ordinance for the Dubuque Industrial Center Economic De- velopment District, as amended by Version 2023.2 of the Amended and Restated Plan: Motion by Jones to receive and file the docu- ments and that the requirement that a pro- posed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Roussell. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 10-23 Correcting and amending Ordinance No. 9-23, previously amended, providing that general property taxes levied and collected each year on all property located within the Amended and Re- stated Dubuque Industrial Center Economic Development District Urban Renewal Area of the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, Page 921 of 2498 Book 153 Regular Session, March 20, 2023 106 including bonds issued or to be issued, in- curred by said city in connection with the Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Redevelopment Project by adding Subarea S to the division of revenues. Se- conded by Roussell. Motion carried 7-0. ORDINANCE NO. 10-23 CORRECTING AND AMENDING ORDI- NANCE NO. 9-23, PREVIOUSLY AMENDED, PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE AMENDED AND RESTATED DUBUQUE INDUSTRIAL CENTER ECO- NOMIC DEVELOPMENT DISTRICT URBAN RENEWAL AREA OF THE CITY OF DUBU- QUE, COUNTY OF DUBUQUE, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF DUBUQUE, COUNTY OF DUBUQUE, DUBUQUE COM- MUNITY SCHOOL DISTRICT, AND OTHER TAXING DISTRICTS, BE PAID TO A SPE- CIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES AD- VANCED TO AND INDEBTEDNESS, IN- CLUDING BONDS ISSUED OR TO BE IS- SUED, INCURRED BY SAID CITY IN CON- NECTION WITH THE AMENDED AND RE- STATED DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT UR- BAN RENEWAL REDEVELOPMENT PRO- JECT BY ADDING SUBAREA S TO THE DI- VISION OF REVENUES Whereas, the Amended and Restated Ur- ban Renewal Plan for the Dubuque Industrial Center Economic Development District (the "District") described in Resolution No. 130-88 was adopted on May 2, 1988 and was thereaf- ter amended and restated by Resolution No. 484-90 on December 17, 1990, Resolution No. 142-97 on April 7, 1997, Resolution No. 478-97 on November 17, 1997, Resolution No. 15-08 on January 7, 2008, Resolution No. 101-08 on March 17, 2008, Resolution No. 109-08 on April 7, 2008, Resolution No. 87-11 on March 7, 2011, Resolution No. 171-13 on June 3, 2013, Resolution No. 197-15 on June 1, 2015, Resolution No. 309-15 on September 8, 2015, Resolution No. 132-16 on September 19, 2016, Resolution No. 157-18 and Resolution No. 158-18 on May 21, 2018, Resolution 380-18 on December 17, 2018, Resolution 125-21 and Resolution 126-21 on April 19, 2021, Resolu- tion 323-21 and Resolution 324-21 on Septem- ber 20, 2021, Resolution 387-21 on November 1, 2021, Resolution 197-22 on May 16, 2022, by Resolution 289-22 on September 6, 2022, by Resolution No. 290-22 on September 6, 2022, by Resolution 73-23 on March 20, 2023, and by Resolution 74-23 on March 20, 2023 (as amended and restated, the "Urban Renewal Plan" or "Amended and Restated Ur- ban Renewal Plan"); and Whereas, the City Council of the City of Dubuque, Iowa originally provided for the divi- sion of taxes pursuant to Section 403.19 of the Code of Iowa within the District in Ordinance No. 26-88 passed and approved on May 2, 1988 and thereafter amended and restated by Ordinance No. 63-88 on December 5, 1988, by Ordinance No. 66-97 on November 17, 1997, by Ordinance No. 70-08 on October 20, 2008, by Ordinance No. 10-14 on February 3, 2014, by Ordinance No. 39-15 on June 1, 2015, by Ordinance No. 55-15 on September 8, 2015, by Ordinance No. 49-16 on September 19, 2016, Ordinance 18-18 on May 21, 2018, by Ordinance 45-18 on December 17, 2018, by Ordinance 15-21 and Ordinance 16-21 on April 19, 2021, by Ordinance 22-21 on June 7, 2021, by Ordinance 31-21 and Ordinance 32-21 on September 20, 2021, by Ordinance 37-21 on November 1, 2022, by Ordinance 21-22 on May 16, 2022, by Ordinance 28-22 on Septem- ber 6, 2022, by Ordinance 28-22A on Novem- ber 7, 2022, and by Ordinance 9-23 on March 20, 2023; and Whereas, indebtedness has been incurred by the City, and additional indebtedness is an- ticipated to be incurred in the future, to finance urban renewal project activities within the Dis- trict, and the continuing needs of redevelop- ment within the District are such as to require the continued application of the incremental tax resources of the District; and Whereas, the following enactment is nec- essary to accomplish the objectives described in the premises. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Ordinance Number 9-23 is hereby amended to read as follows: Section 1: For purposes of this Ordinance, the following terms shall have the following meanings: (a) Original Project Area means that por- tion of the City of Dubuque, Iowa de- scribed in the Urban Renewal Plan for the District approved by Resolution No. 130-88 on May 2, 1988, and subse- quently amended by Resolution No. 484-90 on December 17, 1990, which Original Project Area includes the lots and parcels located within the area now legally described as follows: All of Dubuque Industrial Center Eighth Addition; and All of Lot 1 Dubuque Industrial Center 13t" Addition; and Lot 2 Dubuque Industrial Center 13th Addition; and Lot 1-2-2 Dubuque Industrial Center Fifth Addition; and Page 922 of 2498 Book 153 Regular Session, March 20, 2023 107 Lot 1 Dubuque Industrial Center Fifth EXCEPT those lots and parcels in - Addition; and cluded in Subarea K, those lots and par - Lot 1 Dubuque Industrial Center 111h cels included in Subarea O, and those Addition; and lots and parcels included in Subarea R. Lot 1 of 2 of Dubuque Industrial Cen- (d) Subarea D means that portion of the ter Fifth Addition; and City of Dubuque, Iowa described as Lot 1 of 2 of Dubuque Industrial Cen- Subarea D in the Amended and Re - ter Fifth Addition; and stated Urban Renewal Plan for the Dis- Lot 1-3 Dubuque Industrial Center trict approved by Resolution No. 109-08 12th Addition; and on April 7, 2008, which Subarea D in - Lot 1 of lot 3 of final plat of lot 1 of cludes the lots and parcels located Dubuque Industrial Center First Addi- within the area legally described as fol- tion; and lows: Lot 1 Dubuque Industrial Center loth Lots 1, 2, and B and all of the right of Addition; and way of Chavenelle Court in Dubuque In - Lot 2-3 Dubuque Industrial Center dustrial Center West 8th Addition in the 12th Addition; and City of Dubuque, Dubuque County, Lots 1 & 2 of final plat of lot 1 of Dubu- Iowa. que Industrial Center First Addition; and (e) Subarea E means that portion of the Lot 1 Dubuque Industrial Center 12th City of Dubuque, Iowa described as Addition; and Subarea E in the Amended and Re - Lot 2 Dubuque Industrial Center Ninth stated Urban Renewal Plan for the Dis- Addition; and trict approved by Resolution No. 73-23 Lot 2 Dubuque Industrial Center 12th on March 20, 2023, which Subarea E Addition; and includes the lots and parcels located Lot 2-2 Dubuque Industrial Center within the area legally described as fol- Sixth Addition; and lows: Lot 3 Dubuque Industrial Center Ninth All of Dubuque Industrial Center Addition; and South First Addition in the City of Dubu- Lot 1 Dubuque Industrial Center Sixth que, Iowa, except Lot 2 of Dubuque In - Addition; and dustrial Center South First Addition in Lot 2 of 2 Dubuque Industrial Center the City of Dubuque, Iowa; and 7th Addition; and All of Seippel Road right of way from Lot 2-1 Walter Addition; and the north boundary line of Lot 1 of 1 of Lot 2-1 Walter Addition; and South Fork Subdivision No. 1 in the City And all adjoining public right-of-way, of Dubuque, to the south boundary lines all in the City of Dubuque, Dubuque of Lot H of Dubuque Industrial Center County, Iowa. West and Lot 1 of Dubuque Industrial The Original Project Area is referred Center West 2"d Addition in the City of to as "Subarea A" in the Urban Re- Dubuque, Dubuque County, Iowa, in- newal Plan hereinafter described. cluding crossings at the intersections of (b) Subarea B has been removed from Old Highway Road and Chicago Cen- the division of revenues by Ordinance 22- tral & Pacific Railroad rights -of -way. 21 on June 7, 2021. (f) Subarea F means that portion of the (c) Subarea C means that portion of the City of Dubuque, Iowa, and Dubuque City of Dubuque, Iowa described as Sub- County described as Subarea F in the area C in the Amended and Restated Ur- Amended and Restated Urban Re - ban Renewal Plan for the District ap- newal Plan for the District approved by proved by Resolution No. 289-22 on Sep- Resolution No. 197-15 on June 1, 2015, tember 6, 2022, which Subarea C in- which Subarea F includes the lots and cludes the lots and parcels located within parcels located within the area legally the area legally described as follows: described as follows: Lots 1 and 2 of Dubuque Industrial Lot one (1) of Graf Farm Subdivision Center North Second Addition; #2, Dubuque County, Iowa, according Lots 2, 3, C and A of Dubuque Indus- to the recorded plat thereof; trial Center North First Addition, except- Lot 1 of Lot 1 of Lot 1 of Lot 1 of West ing that Part of said Lot A originally plat- One-half of Northeast One -quarter, ted as Lot 2 of the SW '/4 of the NW '/4 Section 25, Township 89 North, Range of Sec. 30, T89N, R2E of the 5th PM; 1 East of the 5th P.M., in Center Town - and ship, Dubuque County, Iowa; any adjoining public street right -of- Lot 2 in "W.A. Norman Place" in Sec - way, all in the City of Dubuque, Dubu- tion 25, Center Township, Dubuque que County, Iowa, County, Iowa, according to the plat Page 923 of 2498 Book 153 Regular Session, March 20, 2023 108 thereof; and Dubuque County, Iowa. The NW 1/4 of the SE 1/4 of Section Lot 2-1-1 of the Southeast Quarter of 25, Township 89 North, Range 1 East the Southeast Quarter of Section 25, of the 5th P.M., in Center Township, Township 89 North, Range 2 East of the Dubuque County, Iowa. 5th P.M., Dubuque County, Iowa (g) Subarea G means that portion of the Q) Subarea J means that portion of the City of Dubuque, Iowa, and Dubuque City of Dubuque, Iowa, and Dubuque County described as Subarea G in the County described as Subarea J in the Amended and Restated Urban Re- Amended and Restated Urban Re- newal Plan for the District approved by newal Plan for the District approved by Resolution No. 309-15 on September 8, Resolution No. 332-16 on September 2015, which Subarea G includes the 19, 2016, which Subarea J includes the lots and parcels located within the area lots and parcels located within the area legally described as follows: legally described as follows: The South one-half of the Northwest Lot 2 Julien Care Place, Dubuque Quarter of Section 29, Township 89 County, Iowa. North, Range 2 East of the 5th P.M., in Lot 3 Julien Care Place, Dubuque the City of Dubuque, Iowa. County, Iowa Lot 1 of Lot 1 of the Northwest Quarter Lot 2-1 Julien Care Place, Dubuque of the Northwest Quarter of Section 29, County, Iowa Township 89 North, Range 2 East of the (k) Subarea K means that portion of the 5th P.M., in the City of Dubuque, Iowa. City of Dubuque, Iowa, removed from Lot 2 of McFadden Farm Place #2, in Subarea C of the District by Version the City of Dubuque, Iowa. 2018.1 of the Amended and Restated Lot 2 of McFadden Farm Place, in the Plan for the District approved by Reso- City of Dubuque, Iowa. lution No. 157-18, and added to the Dis- Lot A of Lot 1 of 1 of the Southwest trict by Version 2018.2 of the Amended Quarter of the Southwest Quarter of and Restated Plan for the District ap- Section 29, Township 89 North, Range proved by Resolution No. 158-18 as 2 East of the 5th P.M., in the City of Subarea K, all on May 21, 2018, which Dubuque, Iowa. Subarea K includes the lots and parcels Lot A of Lot 1 of 1 of the Northwest located within the area legally de - Quarter of the Southwest Quarter of scribed as follows: Section 29, Township 89 North, Range Lot 1 of Dubuque Industrial Center 2 East of the 5th P.M., in the City of North Third Addition, in the City of Dubuque, Iowa. Dubuque, Iowa. All in the City of Dubuque, Dubuque (1) Subarea L means that portion of the County, Iowa. City of Dubuque, Iowa described as (h) Subarea H means that portion of the Subarea L in the Amended and Re - City of Dubuque, Iowa, and Dubuque stated Urban Renewal Plan for the Dis- County described as Subarea H in the trict approved by Resolution 380-18 on Amended and Restated Urban Re- December 17, 2018, which Subarea L newal Plan for the District approved by includes the lots and parcels located Resolution No. 332-16 on September within the area legally described as fol- 19, 2016, which Subarea H includes the lows: lots and parcels located within the area Lot 1 of Loretta Bahl's Homestead, in legally described as follows: the City of Dubuque, Iowa, comprised Lot 1 of the Northeast 1/4 of the North- of Lot 1 of the West 30 Acres of the east 1/4, and Lot 2 of Lot 1 of Lot 1 of Lot Southwest '/4 of the Southeast '/4, Sec- 2 of the Northeast 1/4 of the Northeast 1/4, tion 19, Township 89 North, Range 2 of Section 30, in Township 89 North, East of the 5th P.M. all in the City of Range 2 East of the 5th P.M., in the City Dubuque, Dubuque County, Iowa. of Dubuque, Iowa. (m) Subarea M means that portion of (i) Subarea I means that portion of the the City of Dubuque, Iowa described as City of Dubuque, Iowa, and Dubuque Subarea M in the Amended and Restated County described as Subarea I in the Urban Renewal Plan for the District ap- Amended and Restated Urban Re- proved by Resolution 380-18 on Decem- newal Plan for the District approved by ber 17, 2018, which Subarea M includes Resolution No. 332-16 on September the lots and parcels located within the 19, 2016, which Subarea I includes the area legally described as follows: lots and parcels located within the area Lot 2 of the Subdivision of Lot 2 of the legally described as follows: Northeast 1/4 of the Northeast 1/4 of Sec - Lot 2 Seippel Road Place #2, tion 30, Township 89 North, Range 2 Page 924 of 2498 Book 153 Regular Session, March 20, 2023 109 East of the 5th P.M. all in the City of Thence South 18 degrees 59 minutes Dubuque, Dubuque County, Iowa. 51 seconds East, 140.84 ft.; (n) Subarea N means that portion of the Thence South 51 degrees 57 minutes City of Dubuque, Iowa described as 52 seconds East, 101.08 ft.; Subarea N in the Amended and Re- Thence South 01 degree 57 minutes stated Urban Renewal Plan for the Dis- 06 seconds East, 108.09 ft.; trict approved by Resolution 126-21 on Thence South 33 degrees 59 minutes April 19, 2021, which Subarea N in- 54 seconds East, 90.10 ft.; cludes the lots and parcels located Thence South 44 degrees 57 minutes within the area legally described as fol- 34 seconds East, 130.53 ft.; lows: Thence South 12 degrees 19 minutes Lot 1 of Dubuque Industrial Center 12 seconds West, 171.97 ft.; North First Addition, in the City of Dubu- Thence South 87 degrees 35 minutes que, Iowa; and 13 seconds West, 260.33 ft.; All of the street right of way of Innova- Thence South 02 degrees 35 minutes tion Drive adjacent to Lot 1 of Dubuque 19 seconds East, 40.00 ft., to the Point Industrial Center North First Addition, in of Beginning, said part of Lot C contains the City of Dubuque, Iowa. 6.59 acres, more or less. All in the City of Dubuque, Iowa All in the City of Dubuque, Iowa (o) Subarea O means that portion of the (p) Subarea P means that portion of City of Dubuque, Iowa removed from Dubuque County and the City of Dubu- Subarea C and now described as Sub- que, Iowa described as Subarea P in area O in the Amended and Restated the Amended and Restated Urban Re - Urban Renewal Plan for the District ap- newal Plan for the District approved by proved by Resolution 324-21 on Sep- Resolution 387-21 on November 1, tember 20, 2021, which Subarea O in- 2021, which Subarea P includes the cludes the lots and parcels located lots and parcels located within the area within the area legally described as fol- legally described as follows: lows: Lot 2 of Wertzberger Acres No. 3, in Lot 2 of Dubuque Industrial Center Table Mound Township, Dubuque North Third Addition, in the City of County, Iowa, according to the rec- Dubuque, Iowa; and orded Plat thereof; and A Part of Lot C in Dubuque Industrial The Southwest 1/4 of the Northeast Center North First Addition in the City of 1/4, Lot 1 of the Northwest 1/4 of the Dubuque, Iowa, being more particularly Northeast 1/4, Lot 1 of Lot 1 of the described as follows: Northeast 1/4 of the Northeast 1/4, and Commencing at the northwest corner Lot 2 of the Southeast 1/4 of the North - of Lot 1 in Dubuque Industrial Center east 1/4, in Section 14, Township 88 North Second Addition in the City of North, Range 2 East of the 5th P.M., in Dubuque, Iowa; Dubuque County, Iowa, according to Thence North 87 degrees 35 minutes United States Government Survey and 13 seconds East along the north line of the recorded Plats thereof, excepting said Lot 1, 65.47 ft. to the Point of Be- therefrom that land acquired for high - ginning; way right of way by the Iowa Depart - Thence North 87 degrees 35 minutes ment of Transportation known as Lot A 13 seconds East continuing along said of Lot 1 of the Northwest 1/4 of the north line of Lot 1, 467.29 ft.; Northeast 1/4 and of Lot 1 of Lot 1 of the Thence South 82 degrees 04 minutes Northeast 1/4 of the Northeast 1/4 and 06 seconds East continuing along said of Lot 2 of the Southeast 1/4 of the north line of Lot 1, 212.63 ft.; Northeast 1/4, all in Section 14, Town - Thence North 19 degrees 12 minutes ship 88 North, Range 2 East of the 5th 36 seconds East, 433.37 ft., to a point P.M., County of Dubuque, State of on the easterly line of Lot 2 in Dubuque Iowa, containing 11.95 acres and as Industrial Center North Third Addition in shown and described in the Warranty the City of Dubuque, Iowa; Deed filed as Instrument Number 2010- Thence North 90 degrees 00 minutes 00003964 in the Dubuque County Re- 00 seconds West, 231.12 ft.; corder's Office, and excepting there - Thence North 60 degrees 11 minutes from that land acquired for highway 47 seconds West, 280.07 ft.; right of way by the Iowa Department of Thence North 51 degrees 38 minutes Transportation known as Lot B of Lot 1 25 seconds West, 318.12 ft.; of Lot 1 of the Northeast 1/4 of the Thence South 57 degrees 28 minutes Northeast 1/4 and of Lot 2 of the South- 14 seconds West, 86.87 ft.; east 1/4 of the Northeast 1/4, all in Page 925 of 2498 Book 153 Regular Session, March 20, 2023 110 Section 14, Township 88 North, Range instrument number 2011-00018392 in 2 East of the 5th P.M., County of Dubu- the Dubuque County Recorder's Office, que, State of Iowa, containing 0.62 more particularly described as follows: acres and as shown and described in Commencing at the east 1/4 corner of the Warranty Deed filed as Instrument said section 14; thence south 87' (de - Number 2011-00011776 in the Dubu- grees) 30' (minutes) 08" (seconds) west que County Recorder's Office; and (assumed bearing for the purpose of All that land acquired for highway right this description) on the south line of the of way by the Iowa Department of northeast 1/4 of said section 14, a dis- Transportation known as Lot A of Lot 1 tance of 316.67 ft. to the southeast cor- of the Northwest 1/4 of the Northeast ner of said lot 1 of the southeast 1/4 of 1/4 and of Lot 1 of Lot 1 of the Northeast the northeast 1/4 which is on the pre- 1/4 of the Northeast 1/4 and of Lot 2 of sent northwesterly right-of-way line of the Southeast 1/4 of the Northeast 1/4, U.S. highway 61, being the point of Be- all in Section 14, Township 88 North, ginning of the area herein described; Range 2 East of the 5th P.M., County of thence continuing south 87°30'08" west Dubuque, State of Iowa, containing on said south line, also being the south 11.95 acres and as shown and de- line of said lot 1 of the southeast 1/4 of scribed in the warranty deed filed as in- the northeast 1/4, a distance of 744.37 strument number 2010-00003964 in the ft. to the west line of said lot 1 of the Dubuque County Recorder's Office, southeast 1/4 of the northeast 1/4; and thence north 01 °46'59" west on said All that land acquired for highway right west line, 365.46 ft.; thence north of way by the Iowa Department of 02°36'29" west on said west line, Transportation known as Lot B of Lot 1 258.32 ft. to the northwesterly line of of Lot 1 of the Northeast 1/4 of the said lot 1 of the southeast 1/4 of the Northeast 1/4 and of Lot 2 of the South- northeast 1/4; thence north 15°33'01" east 1/4 of the Northeast 1/4, all in Sec- east on said northwesterly line, 189.90 tion 14, Township 88 North, Range 2 ft.; thence north 20'16'31" east on said East of the 5th P.M., County of Dubu- northwesterly line, 100.25 ft.; thence que, State of Iowa, containing 0.62 north 31 °16'30" east on said northwest - acres and as shown and described in erly line, 371.74 ft.; thence north the warranty deed filed as instrument 51 °35'55" east on said northwesterly number 2011-00011776 in the Dubu- line, 46.89 ft.; thence north 26°34'03" que County Recorder's Office; and east on said northwesterly line, 112.65 All that land acquired for highway right ft. to the northwest corner of said lot 1 of way by the Iowa Department of of the southeast 1/4 of the northeast Transportation known as Lot A of Lot 2 1/4, also being the southwest corner of of the Southwest 1/4 of the Northwest said lot 2 of 1 of the northeast 1/4 of the 1/4, all in Section 13, Township 88 northeast 1/4; thence north 35°25'51" North, Range 2 East of the 5th P.M., east on the westerly and southwesterly County of Dubuque, State of Iowa, con- line of said lot 2 of 1 of the northeast 1/4 taining 7.50 acres and as shown and of the northeast 1/4, a distance of described in the warranty deed filed as 200.90 ft.; thence north 01 °1 V53" west instrument number 2010-00007163 in on said westerly and southwesterly line, the Dubuque County Recorder's Office; 284.09 ft.; thence north 51 °36'20" west and on said westerly and southwesterly line, A part of that land acquired for high- 173.35 ft.; thence south 73°41'30" east way right of way by the Iowa Depart- a distance of 115.82 ft.; thence south ment of Transportation known as Lot A 48°36'34" east on the northeasterly line of Lot 2 of 3 of Archdiocese Place No. 2 of said lot 2 of 1 of the northeast 1/4 of at Key West in Section 11, Township 88 the northeast 1/4, 759.07 ft. to the North, Range 2 East of the 5th P.M., southeast corner of said lot 2 of 1 of the County of Dubuque and of Lot 2 of the northeast 1/4 of the northeast 1/4, also Northwest 1/4 of the Northeast 1/4 and being the northeast corner of said lot 1 of Lot 2 of 1 of the Northeast 1/4 of the of the southeast 1/4 of the northeast Northeast 1/4 and of Lot 1 of the South- 1/4; thence south 02°41'19" east on the east Quarter of the Northeast Quarter, easterly line of said lot 1 of the south - all in Section 14, Township 88 North, east 1/4 of the northeast 1/4, a distance Range 2 East of the 5th P.M., County of of 954.91 ft. to the present northwest - Dubuque, State of Iowa, containing erly right-of-way line of U.S. highway 51.12 acres and as shown and de- 61; thence south 38°00'39" west on said scribed in the warranty deed filed as northwesterly right-of-way line, 485.62 Page 926 of 2498 Book 153 Regular Session, March 20, 2023 111 ft. to the point of beginning, containing 65°37'33" East, 1,413.95 ft.; thence 31.49 acres, more or less; and South 63°51'52" East along said center - An 80-foot-wide strip of land in the line of U. S. Highway 52, 947.44 ft.; Southeast Half of Section 31, Township thence Southeasterly along said center- 89 North, Range 2 East, The Southwest line of U. S. Highway 52 an arc length Quarter of Section 32, Township 89 of 1,134.73 ft. along a 8,000.00 foot ra- North, Range 2 East, the North Half of dius curve being concave Northeast - Section 5, Township 88 North, Range 2 erly, having a long chord of South East, the Northwest, Northeast, and 67°55'41" East, 1,133.78 ft.; thence Southeast Quarters of Section 4, Town- South 71 °59'29" East along said center - ship 88 North, Range 2 East, the South line of U. S. Highway 52, 3,507.89 ft.; Half of Section 3, Township 88 North, thence Southeasterly along said center - Range 2 East, the Southwest Quarter of line of U. S. Highway 52 an arc length Section 2, Township 88 North, Range 2 of 7,787.63 ft. along a 7,500.00 foot ra- East, the Northwest, Northeast, and dius curve being concave Southwest - Southeast Quarters of Section 11, erly, having a long chord of South Township 88 North, Range 2 East, and 42°14'42" East, 7,442.46 ft.; thence the Northeast Quarter of Section 14, South 12°29'54" East along said center - Township 88 North, Range 2 East, of line of U. S. Highway 52, 750.54 ft.; the Fifth P.M., centered on the following thence Southeasterly along said center - described line: line of U. S. Highway 52 an arc length Commencing at the Southeast Corner of 449.54 ft. along a 4,000.00 foot ra- of Lot B, Dubuque Industrial Center dius curve being concave Northeast - South First Addition, in the City of Dubu- erly, having a long chord of South que, Dubuque County, Iowa (Record 15°43'05" East, 449.31 ft., to the End Doc. #2014-1397), at the Northerly Point, the sidelines of said 80-foot-wide Right -of -Way of Seippel Road; thence strip of land are to be shortened or South 35°44'18" East (Record North lengthened to the intersection of the 35°52'10" West) along the East Line of easterly line of Dubuque Industrial Cen- said First Addition, 11.13 ft.; thence ter South First Addition, in the City of South 10°51'45" East, 40.00 ft. to the Dubuque, Dubuque County, Iowa as centerline of Seippel Road, the Point of recorded in Doc. #2014-1397 and the Beginning; thence North 79'08'15" East intersection of the northerly line of Lot 1 along said centerline, 1004.09 ft.; and Lot 1 of 1 as recorded in Doc. thence Easterly along the centerline of #2010-3964. U. S. Highway 52 and the extension (q) Subarea Q means that portion of the thereof an arc length of 880.50 ft. along City of Dubuque, Iowa described as a 1,200.00 foot radius curve being con- Subarea Q in the Amended and Re - cave southerly, having a long chord of stated Urban Renewal Plan for the Dis- South 79°50'32" East, 860.88 ft.; trict approved by Resolution 197-22 on thence South 58'49'18" East along said May 16, 2022, which Subarea Q in - centerline of U. S. Highway 52, cludes the lots and parcels located 2,489.33 ft.; thence Southeasterly within the area legally described as fol- along said centerline of U. S. Highway lows: 52 an arc length of 3,363.36 ft. along a Lot 1-5 of Dubuque Industrial Center 12,000.00 foot radius curve being con- West 5th Addition in the City of Dubu- cave Northeasterly, having a long chord que, Iowa of South 66°51'04" East, 3,352.36 ft.; All in the City of Dubuque, Iowa thence South 74°52'50" East along said (r) Subarea R means that portion of the centerline of U. S. Highway 52, 1318.07 City of Dubuque, Iowa described as ft.; thence Southeasterly along said Subarea R in the Amended and Re - centerline of U. S. Highway 52 an arc stated Urban Renewal Plan for the Dis- length of 1,569.39 ft. along a 12,000.00 trict approved by Resolution 290-22A foot radius curve being concave South- on November 7, 2022, which Subarea westerly, having a long chord of South R includes the lots and parcels located 71°08'02" East, 1,568.27 ft.; thence within the area legally described as fol- South 67'23'15" East along said center- lows: line of U. S. Highway 52, 1093.39 ft.; Part of Lot 3 in the Dubuque Industrial thence Southeasterly along said center- Center North First Addition in the City of line of U. S. Highway 52 an arc length Dubuque, Dubuque County, Iowa, Ex - of 1,414.18 ft. along a 23,000.00 foot ra- cept Lot `A' of Lot 3 in Dubuque Indus- dius curve being concave Southwest- trial Center North First Addition in the erly, having a long chord of South City of Dubuque, Dubuque County, Page 927 of 2498 Book 153 Regular Session, March 20, 2023 112 Iowa, described as follows: Commenc- ing at the southeast corner of said Lot 3; thence N00°36'04"W, 364.16 ft. along the east line of said Lot 3; thence SW24'16"W, 502.28 ft. along the out- side face of the south wall of the exist- ing building to the point of beginning; thence S00°35'44"E, 37.00 ft.; thence S89°24'16"W, 170.00 ft.; thence N00°35'44"W, 32.00 ft.; thence S89°24'16"W, 210.00 ft.; thence N00°35'44"W, 362.00 ft.; thence NW24'16"E, 255.00 ft. to the northerly extension of the outside face of the west wall of the existing building; then S00°35'44"E, 357.00 ft. along said face of the west wall of the southwest corner of the existing building; thence N89°24'16"E, 125.00 ft. along the face of the south wall of the existing building to the point of beginning, containing 2.258 acres All in the City of Dubuque, Iowa. (s) Subarea S means that portion of the City of Dubuque, Iowa described as Subarea S in the Amended and Re- stated Urban Renewal Plan for the Dis- trict approved by Resolution 74-23 on March 20, 2023, which Subarea S in- cludes the lots and parcels located within the area legally described as fol- lows: Lot 2 of Dubuque Industrial Center South First Addition in the City of Dubu- que, Iowa All in the City of Dubuque, Iowa. (t) Amended Project Area means that por- tion of the City of Dubuque, Iowa and Dubuque County included within the Original Project Area, Subarea C, Sub- area D, Subarea E, Subarea F, Sub- area G, Subarea H, Subarea I, Subarea J, Subarea K, Subarea L, Subarea M, Subarea N, Subarea O, Subarea P, Subarea Q, Subarea R, and Subarea S each as described in this Section. Section 2: The taxes levied on the taxable property in the Amended Project Area, and each subarea thereof, legally described in Sec- tion 1 hereof, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and all other taxing districts from and after the effec- tive date of this Ordinance shall be divided as hereinafter in this Ordinance provided. Section 3: As to the Original Project Area, that portion of the taxes which would be pro- duced by the rate at which the tax is levied each year by or for each of the taxing districts taxing property in the Original Project Area upon the total sum of the assessed value of the taxable property in the Original Project Area as shown on the assessment roll as of January 1, 1987, being the first day of the calendar year preceding the effective date of Ordinance No. 26-88, shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for said taxing district into which all other property taxes are paid. The taxes so determined shall be referred herein as the "base period taxes" for such Subarea. As to Subarea B, Subarea B has been removed from the division of revenues by Ordinance 22-21. Subarea B will re- main within the District. As to Subarea C (except the lots and parcels now forming Subarea K and those lots and parcels removed by Amended and Restated Urban Re- newal Plan Version 2021.4 now forming Subarea O, and those lots and parcels removed by Ordinance 27-22, now forming Subarea R), base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2007, being the assessment roll appli- cable to property in such subarea as of January 1 of the calendar year preced- ing the effective date of Ordinance No. 70-08, and base values shall be re- duced due to the removal of area from Subarea C. As to Subarea D, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2007, being the assessment roll appli- cable to property in such subarea as of January 1 of the calendar year preced- ing the effective date of Ordinance No. 70-08. As to Subarea E, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2013, being the assessment roll appli- cable to property in such subarea as of January 1 of the calendar year preced- ing the effective date of Ordinance No. 10-14. As to Subarea F, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2014, being the assessment roll appli- cable to property in such subarea as of January 1 of the calendar year preced- ing the effective date of Ordinance No. 39-15. As to Subarea G, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2014, being the assessment roll appli- cable to property in such subarea as of Page 928 of 2498 Book 153 Regular Session, March 20, 2023 113 January 1 of the calendar year preced- January 1 of preceding the effective ing the effective date of Ordinance No. date of Ordinance No. 16-21. 55-15. As to Subarea O, base period taxes As to Subarea H, base period taxes shall be computed in the same manner shall be computed in the same manner using the total assessed value shown using the total assessed value shown on the assessment roll as of January 1, on the assessment roll as of January 1, 2020, being the assessment roll appli- 2015, being the assessment roll appli- cable to property in such subarea as of cable to property in such subarea as of January 1 of preceding the effective January 1 of the calendar year preced- date of Ordinance 32-21. ing the effective date of Ordinance No. As to Subarea P, Subarea P has been 49-16. removed from the division of revenues As to Subarea I, base period taxes by Ordinance 21-22. Subarea P will re - shall be computed in the same manner main within the District. using the total assessed value shown As to Subarea Q, base period taxes on the assessment roll as of January 1, shall be computed in the same manner 2015, being the assessment roll appli- using the total assessed value shown cable to property in such subarea as of on the assessment roll as of January 1, January 1 of the calendar year preced- 2021, being the assessment roll appli- ing the effective date of Ordinance No. cable to property in such subarea as of 49-16. January 1 of the calendar year preced- As to Subarea J, base period taxes ing the effective date of Ordinance No. shall be computed in the same manner 21-22. using the total assessed value shown As to Subarea R, base period taxes on the assessment roll as of January 1, shall be computed in the same manner 2015, being the assessment roll appli- using the total assessed value shown cable to property in such subarea as of on the assessment roll as of January 1, January 1 of the calendar year preced- 2021, being the assessment roll appli- ing the effective date of Ordinance No. cable to property in such subarea as of 49-16. January 1 of the calendar year preced- As to Subarea K, base period taxes ing the effective date of this Ordinance shall be computed in the same manner No. 28-22-A. using the total assessed value shown As to Subarea S, base period taxes on the assessment roll as of January 1, shall be computed in the same manner 2017, being the assessment roll appli- using the total assessed value shown cable to property in such subarea as of on the assessment roll as of January 1, January 1 of the calendar year preced- 2022, being the assessment roll appli- ing the effective date of Ordinance No. cable to property in such subarea as of 18-18. January 1 of the calendar year preced- As to Subarea L, base period taxes ing the effective date of this Ordinance shall be computed in the same manner No. 10-23. using the total assessed value shown Section 4: That portion of the taxes each on the assessment roll as of January 1, year in excess of the base period taxes for the 2017, being the assessment roll appli- Amended Project Area, determined for each cable to property in such subarea as of sub -area thereof as provided in Section 3 of January 1 of the calendar year preced- this Ordinance, shall be allocated to and when ing the effective date of Ordinance No. collected be paid into the special tax increment 45-18. fund previously established by the City of As to Subarea M, base period taxes Dubuque to pay the principal of and interest on shall be computed in the same manner loans, monies advanced to, or indebtedness, using the total assessed value shown whether funded, refunded, assumed or other - on the assessment roll as of January 1, wise, including bonds issued under authority of 2017, being the assessment roll appli- Section 403.9 or Section 403.12 of the Code of cable to property in such subarea as of Iowa, incurred by the City of Dubuque, Iowa to January 1 of the calendar year preced- finance or refinance, in whole or in part, urban ing the effective date of Ordinance No. renewal projects undertaken within the District 45-18. pursuant to the Urban Renewal Plan, except As to Subarea N, base period taxes that taxes for the regular and voter -approved shall be computed in the same manner physical plant and equipment levy of a school using the total assessed value shown district imposed pursuant to Section 298.2 of on the assessment roll as of January 1, the Code of Iowa and taxes for the instructional 2020, being the assessment roll appli- support program of a school district imposed cable to property in such subarea as of pursuant to Section 257.19 (but in each case Page 929 of 2498 Book 153 Regular Session, March 20, 2023 114 only to the extent required under Section 403.19(2)), taxes for the payment of bonds and interest of each taxing district, and taxes im- posed under Section 346.77 (22) related to joint county -city buildings, shall be collected against all taxable property within the Amended Project Area without any limitation as hereinabove provided. Section 5: Unless or until the total assessed valuation of the taxable property in the subar- eas of the Amended Project Area exceeds the total assessed value of the taxable property in said subareas shown by the assessment rolls referred to in Section 3 of this Ordinance, all of the taxes levied and collected upon the taxable property in the Amended Project Area shall be paid into the funds for the respective taxing dis- tricts as taxes by or for the taxing districts in the same manner as all other property taxes. Section 6: At such time as the loans, mon- ies advanced, bonds and interest thereon and indebtedness of the City of Dubuque referred to in Section 4 hereof have been paid, all mon- ies thereafter received from taxes upon the tax- able property in the Amended Project Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. Section 7: All ordinances or parts of ordi- nances in conflict with the provisions of this Or- dinance are hereby repealed. The provisions of this Ordinance are intended and shall be con- strued so as to continue the division of taxes from taxable property in the Amended Project Area under the provisions of Section 403.19 of the Code of Iowa, as authorized in this Ordi- nance No. 10-23. In the event that any provi- sion of this Ordinance shall be determined to be contrary to law it shall not affect other provi- sions or application of this Ordinance which shall at all times be construed to fully invoke the provisions of Section 403.19 of the Code of Iowa with reference to the Amended Project Area and the subareas contained therein. Section 8: This Ordinance shall be in effect after its final passage, approval and publication as provided by law. Passed and approved this 20"' day of March, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Discounted City Utilities Program and Af- fordable Connectivity Program Promotional Brochure: Motion by Sprank to receive and file the brochure on two programs designed to as- sist income qualified residents with monthly utility payments and internet access and view the video. Seconded by Wethal. Media Ser- vices showed a video promoting the Dis- counted City Utilities Program. The video was produced by the Public Information Office and can be viewed at: https://youtu.be/7x9MaBVzEBg. Motion car- ried 7-0. 7. Work Session Request - Demonstration of Police Use of the Public Safety Cameras: City Council Members confirmed with City Manager Van Milligen that the work session should begin at 5:15 p.m. so City Council and city staff have adequate travel time for the reg- ular session. Motion by Jones to receive and file the documents and schedule the work ses- sion for Monday, May 1, 2023, at 5:15 p.m. at the Dubuque City Hall, 3rd Floor, to demon- strate how the Police Department uses the Public Safety Camera system as a public safety tool as a preventative tool and as an in- vestigative resource. Seconded by Resnick. No schedule conflicts were expressed. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Members Farber and Roussell re- spectively reported on their recent volunteer experiences with AmeriCorps. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 9:47 p.m. to discuss Pending Litigation and Purchase or Sale of Real Estate — Chapter 21.5(1)(c),Q) Code of Iowa. Seconded by Wethal. Mayor Cavanagh stated for the record that the attorney who will consult with the City Council on the issues to be discussed in the closed session is City Attorney Brumwell. Mo- tion carried 7-0. The City Council reconvened in open ses- sion at 10:34 p.m. stating that staff had been given proper direction. There being no further business, Mayor Cavanagh declared the meeting adjourned at 10:34 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk Page 930 of 2498 Book 153 Special Session, March 21, 2023 115 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 6:30 p.m. on March 21, 2023, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6"' Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen. Mayor Cavanagh read the call and stated this is a special session of the City Council called for the purpose of conducting public hearings on certain Fiscal Year 2024 Depart- ment Budgets. ACTION ITEMS 1. Budget Hearing Amendment Process: Motion by Roussell to receive and file the doc- uments and discuss the budget hearing amendment process. Seconded by Resnick. City Council members agreed that Option No. 2, in which an informal poll is conducted to de- termine if a majority agrees with holding a budget item for separate discussion, is the rec- ommended option for the budget hearing pro- cess. Responding to a question from the City Council, City Manager Van Milligen stated that debt reduction information will be provided at the March 23, 2023, final hearing to adopt the Fiscal Year 2024 budget. Motion carried 7-0. PUBLIC HEARINGS FISCAL YEAR 2024 DEPARTMENT BUDG- ETS Fiscal Year 2024 City department budgets were presented by staff from the following de- partments: 1. Information Services Fiscal Year 2024 Budget Presentation: Chris Kohlmann, In- formation Services Manager. 2. Water Department Fiscal Year 2024 Budget Presentation: Christopher Lester, Water Department Manager. 3. Water & Resource Recovery Center Fiscal Year 2024 Budget Presentation: William O'Brien, Water and Resource Recovery Center Manager. 4. Public Works Fiscal Year 2024 Budget Presentation: John Klostermann, Public Works Director; and Arielle Swift, Assistant Public Works Director. Staff responded to questions from the City Council following their respective presenta- tions. At the conclusion of Public Hearing No. 4, Council Member Wethal requested discussion of Fire Department Improvement Package No. 2 for the addition of one full-time Firefighter po- sition, which was not recommended by City Manager Van Milligen. Council Member Wethal expressed support for funding this improve- ment package and stated that funding could come from three sources: the first funding source is $65,329 from the Parks Department Improvement Package No. 3 for one full-time confidential account clerk; the second funding source is $15,000 from the Planning Services Department's utility adjustments; and the third funding source is $25,000 from the Health Ser- vices Department's Improvement Package No. 4 for a vehicle for the Health Services Environ- mental Sanitarian/Emergency Preparedness Planner. After City Council discussion, Mayor Cavanagh conducted a straw poll to determine if the request had majority support for addi- tional discussion. The poll carried 6-1, with Resnick opposed. The City Council agreed to discuss the request during the March 23, 2023, final budget hearing to adopt the Fiscal Year 2024 budget. Council Member Farber requested discus- sion of the Public Information Office's Improve- ment Package No. 1 for the addition of one full- time GIS Applications Specialist and sug- gested using excess funding from the maxi- mum property tax dollars set by the City Coun- cil as a potential funding source. City Council members discussed the recommendation and reached a consensus that they did not want to increase the maximum property tax dollars from the amount recommended by City Man- ager Van Milligen. Based on consensus to not conduct additional discussion, Council Mem- ber Farber withdrew her request. Council Member Resnick requested dis- cussion of the Parks Department's Improve- ment Package No. 1 on funding additional pol- linator areas throughout the park system. Council Member Resnick suggested the fund- ing amount be reduced from $50,000 to $25,000. Chief Financial Officer Jennifer Lar- son stated that the Parks Policy Budget Book listed the incorrect amount for the improvement package, and that $10,000 is the correct rec- ommended funding amount. After confirming the recommended funding amount, Council Member Resnick determined that no additional discussion was needed. City Manager Van Milligen stated that he developed a recommendation for the $23,000 in additional Planning Services Department funds that he will submit to the City Council on March 22, 2023, Page 931 of 2498 Book 153 Special Session, March 22, 2023 116 in advance of the March 23, 2023 final hearing to adopt the Fiscal Year 2024 budget. There being no further business, Mayor Cavanagh declared the meeting adjourned at 10:02 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 6:30 p.m. on March 22, 2023, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6'h Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen. Mayor Cavanagh read the call and stated this is a special session of the City Council called for the purpose of conducting public hearings on certain Fiscal Year 2024 Depart- ment Budgets. PUBLIC HEARINGS FISCAL YEAR 2024 DEPARTMENT BUDG- ETS Fiscal Year 2024 City department budgets were presented by staff from the following de- partments: 1. Five Flags Civic Center Fiscal Year 2024 Budget Presentation: Marie Ware, Leisure Services Manager. 2. Grand River Center (Conference Center) Fiscal Year 2024 Budget Presentation: Marie Ware, Leisure Services Manager. 3. Dubuque Ice Arena Fiscal Year 2024 Budget Presentation: Marie Ware, Leisure Services Manager. 4. Transportation Services Fiscal Year 2024 Budget Presentation: Ryan Knuckey, Trans- portation Services Director. 5. Engineering Department Fiscal Year 2024 Budget Presentation: Gus Psihoyos, City En- gineer; Max O'Brien, Civil Engineer; Deron Muehring, Civil Engineer; Jon Dienst, Civil Engineer; Nate Steffen, Civil Engineer; Dave Ness, Traffic Engineer; Justine Hull, Traffic Engineer; Justin Hogan, Facilities Manager; and Steve Sampson Brown, Project Man- ager. City Clerk Breitfelder announced re- ceipt of written input in the form of a letter signed by multiple homeowners facing South Grandview and Bradly Street. Staff responded to questions from the City Council following their respective presenta- tions. There being no further business, Mayor Cavanagh declared the meeting adjourned at 9:25 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk Page 932 of 2498 Book 153 Special Session, March 23, 2023 117 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:45 p.m. on March 23, 2023, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6"' Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen; City Attor- ney Brumwell. Mayor Cavanagh read the call and stated this is a special session of the City Council called for the purpose of conducting a closed session pursuant to Iowa Code Chapter 21.5 and adopting the Fiscal Year 2024 Budget. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 5:46 p.m. to discuss Purchase or Sale of Real Estate — Chapter 21.5(1)(j) Code of Iowa. Seconded by Resnick. Mayor Cavanagh stated for the record that the attorneys who will consult with City Council on the issues to be discussed in the closed session are City Attor- ney Brumwell and outside counsel David Grossklaus. Motion carried 7-0. The City Council reconvened in open ses- sion at 6:29 p.m. stating that staff had been given proper direction. The City Council re- cessed until 6:30 p.m. PUBLIC HEARINGS 1. Amended Fiscal Year 2024 Budget Rec- ommendation: Motion by Roussell to receive and file the documents and adopt Resolution No. 76-23 Adopting the City of Dubuque Fiscal Year 2024 Annual Budget; and Resolution No. 77-23 Adopting the City of Dubuque Five Year Capital Improvement Program. Seconded by Sprank. City Manager Van Milligen made a presentation. Ryan Sempf, 300 Main St., Suite 200, provided input in support of increased funding for the targeted small business grant program. City Clerk Breitfelder stated that writ- ten input was received from: Dubuque Area Chamber of Commerce; Jesse Green, 5545 Chicago Ave.; Gail Chavenelle and Bill Dicken, 1155 Kelly Ln.; Clark Schloz, 2925 Burlington St.; Fred Miller; and the Resilient Community Advisory Commission. Responding to a ques- tion from the City Council, Chief Financial Of- ficer Jennifer Larson stated that the city's rec- ommended total full-time equivalents for Fiscal Year 2024 is 769.02, which includes full-time, part-time, and temporary positions. Respond- ing to a question from the City Council, City Manager Van Milligen summarized the city's growth over the past 40 years. City Manager Van Milligen stated that there is an additional $23,000 in Fiscal Year 2024 funds due to the Planning Services Department's recommenda- tion to increase fees. $10,000 of the funding is intended to be spent on historic surveys through the Historic Preservation Technical As- sistance Program. Assistant City Manager Cori Burbach stated that the remaining $13,000 would be provided to the East Central Intergov- ernmental Association (ECIA)'s Community Solutions of Eastern Iowa, which provides homelessness and housing instability pro- gramming and aligns with the city's secondary responder model. RESOLUTION NO. 76-23 ADOPTING THE CITY OF DUBUQUE FIS- CAL YEAR 2024 ANNUAL BUDGET NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the annual budget for the fiscal year ending June 30, 2024, as set forth in the Adoption of Budget and Certification of Taxes and supporting state budget forms showing the revenue estimates and appropria- tion expenditures and allocations to programs and activities for said fiscal year, is adopted as amended. Section 2. The Chief Financial Officer is di- rected to make the filings required by law. Passed, approved, and adopted this 23rd day of March 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 77-23 ADOPTING THE CITY OF DUBUQUE FIVE YEAR CAPITAL IMPROVEMENT PROGRAM Whereas, a recommended five-year Capi- tal Improvement Program for the period begin- ning July 1, 2023, and ending June 30, 2028, for the City of Dubuque has been prepared and submitted to the City Council; and Whereas, the five-year Capital Improve- ment Program describes specific capital im- provement projects, provides estimated costs for those projects, proposes sources of funds for each of them, and schedules the year dur- ing which each project will be undertaken; and Whereas, the capital improvement projects for the first year are included in the Fiscal Year 2024 budget for the City of Dubuque; and Whereas, the five-year Capital Improve- ment Program will be reconsidered annually by the City Council and appropriately revised; and Whereas, the adoption of the five-year Capital Improvement Program is a prudent Page 933 of 2498 Book 153 Special Session, March 23, 2023 118 measure to provide continuity of programs and is in the best 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 five-year Capital Im- provement Program for the period beginning July 1, 2023, set out in the Fiscal Year 2024- 2028 Recommended Capital Improvement Budget, is hereby approved, and adopted as allocation of City resources for capital improve- ments as scheduled in the years shown, sub- ject to annual review and revision. Passed, approved, and adopted this 23rd day of March 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk City Council members then discussed Council Member Wethal's request to recom- mend Fire Department Improvement Package No. 2 for the addition of one full-time Firefighter position. City Council members referenced the pending fire station study to help determine fu- ture Fire Department staffing needs and stressed the importance of adequate staffing for the Leisure Services Department, which was the department that Council Member Wethal had suggested eliminating a recom- mended position to help fund the additional firefighter. City Council Members also dis- cussed their desire to not increase the maxi- mum property tax rate from the rate recom- mended by City Manager Van Milligen. It was determined that there was not adequate City Council member support of Council Member Wethal's request. City Council Members then discussed their desire to have additional community discussion on the Police Department's Improvement Package No. 2 of an Automated License Plate Reader system in the future. Motion carried 7- 0. ACTION ITEMS 1. Recommended Fiscal Year 2024 Dollars and Cents Brochure: Motion by Resnick to re- ceive and file the documents. Seconded by Farber. Motion carried 7-0. 2. Establishing Water Rates under City of Dubuque Code of Ordinances for Fiscal Year 2024: Motion by Jones to receive and file the documents and that the requirement that a pro- posed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Wethal. City Council members stated that the rate increases were necessary for the city to pay its bills. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 11-23 Establishing City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 1 Water Use and Ser- vice, Article C Rates, Section 13-1 C-1(A) Fix- ing Water Rates for Residential, Commercial, Industrial, and all other uses; and Ordinance No. 12-23 Establishing the City of Dubuque Code of Ordinances Title 13 Public Utilities Chapter 1 Water Use and Service, Article C Rates Section 13-1 C-2 Fixing Water Rates for Fire Sprinkler Service. Seconded by Wethal. Motion carried 7-0. ORDINANCE NO. 11-23 ESTABLISHING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILI- TIES, CHAPTER 1 WATER USE AND SER- VICE, ARTICLE C RATES, SECTION 13-1C- 1(A) FIXING WATER RATES FOR RESIDEN- TIAL, COMMERCIAL, INDUSTRIAL, AND ALL OTHER USES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 13-1 C-1(A) of the City of Dubuque Code of Ordinances, is hereby un- changed, and shall read as follows: Section 13-1C-1A: Residential, Commer- cial, Industrial and All Other Uses. A. Rates Established: The rates to be charged for water for residential, com- mercial, industrial and all other uses and purposes by any person, firm or corpora- tion within the city shall be based on units of one hundred cubic ft. (748 gallons) or per al lonasfollows: ............ . .................................................................. . ................................................................................. Monthly Consumption (in Charge per 100 100s of Cubic Ft.) .....................;.......................Cubic Ft. ......................... First 30 ......................................Next...1.2.0...................................................................$ 3.66.............................. Next 500 Monthl Consum tion in Gals. Char e er Gal ..........................y..................................P......................(............................)....:.................9........I�...................... ............................................................................................................................ First 22,440 i................................................................ $0.01 ......................................Next Next 89,760 $0.00 261,800...........................................................$0.00...................... ............................................................30.00....................., ............................................................................................................................................................................................... Next 374,000 .............. ............................................................................................................... Over 748,000 €......................... $0.00.....................: .................. Rates shall be subject to the following minimum monthly charge according to the size of the meter: Meter Monthly Con- Monthly Min. Size in sumption (In 100s Consump- Charge Inches of Cubic Ft.) ition (In Gal.) 5/8 2.... 1,496 $8.93 3/4 5 .......................................................................... 3,740 , $22.33 ............................................... $................................. .. ......................... 1 1/2 26 ,............5,,984....................$35.72......... 19,448 $116.10 ................................ 2 46 34,408 $192.61 .................... 3 106 .... 288...............$412.52...... 4 .................... 168 i....................................................................:....................................................................................._. 125,664 $635.32 .............................. 6 1368 1 $1.,..318.99... ............_ .....................................................................:................................................................................., .........................._625.........................._i.......467,500........_$2,147.02 Page 934 of 2498 Book 153 Special Session, March 23, 2023 119 A property owner shall pay a $50.00 dis- connect fee for water service that is discon- nected by the city for a meter not in service. When a tenant account is subject to discon- nection due to delinquency, the tenant shall pay the $50.00 disconnect fee. A $50.00 service call fee shall be changed to property owners or tenant ac- count for those service calls that are deter- mined to be related to customer negli- gence. A $8.93 minimum monthly charge shall be assessed for meters not in service. Section 2. This Ordinance shall take effect July 1, 2023. Passed, approved, and adopted this 23rd day of March, 2023. Brad Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk ORDINANCE NO. 12-23 ESTABLISHING THE CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES CHAPTER 1 WATER USE AND SERVICE, ARTICLE C RATES SECTION 13- 1C-2 FIXING WATER RATES FOR FIRE SPRINKLER SERVICE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 13-1 C-2 of the City of Dubuque Code of Ordinances is hereby un- changed, and shall read as follows: Section 13-1 C-2: Fire Sprinkler Service. Customers who have fire sprinkler ser- vice shall be billed for this service on a monthly basis. The monthly charge shall be as follows: Section 2. This Ordinance shall take effect July 1, 2023. Passed, approved, and adopted this 23rd day of March, 2023. Brad Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 3. Establishing Sewer Rates under City of Dubuque Code of Ordinances for Fiscal Year 2024: Motion by Roussell to receive and file the documents and that the requirement that a pro- posed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Sprank. Motion carried 7-0. Motion by Roussell for final consideration and passage of Ordinance No. 13-23 City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 2 Sewers and Sewage Dis- posal, Article C Rates, Section 13-2C-3 Rates Established for Fiscal Year 2024. Seconded by Sprank. Motion carried 7-0. ORDINANCE NO. 13-23 CITY OF DUBUQUE CODE OF ORDI- NANCES TITLE 13 PUBLIC UTILITIES, CHAPTER 2 SEWERS AND SEWAGE DIS- POSAL, ARTICLE C RATES, SECTION 13- 2C-3 RATES ESTABLISHED FOR FISCAL YEAR 2024 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 13-2C-3 of the City of Dubuque Code of Ordinances reads as follows: 13-2C-3: RATES ESTABLISHED: Contributors whose property lies within the corporate limits of the city, except as otherwise provided in this article, shall pay to the city at the same time payment for wa- ter services is made, a sewer service charge computed on water consumption on the following rates: B. Schedule Of Rates: ................................................................................................................................................................................................ Rate per each 100 cubic ft. $6.27 ........ . Rate per each ....gallon........................................................................0.00838 ......................... C. Service Charge: 7. Where the quantity of water con- sumed is such that the minimum of ser- vice is charged, the minimum sewer ser- vice charge, according to the size of the meter, shall be as follows: .................................................................................................................................................. Meter Size Min. Allowance :Allowance: (Inches.)........._......._Charge...............(Cubic Ft..)...._1..........(Gal).......... 5/8 $12.54 200 11496 ......................................... 3/4 $31.34 500 3,740 ...............................................................................................:.................................................:.......................................... �...or larger.......i.........$50..�.5........... 800 5,984 ............................................ Section 2. This Ordinance shall take effect on the 1st day of July, 2023. Passed, approved, and adopted this 23rd day of March 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Establishing Stormwater Management Utility Fee Rates under City of Dubuque Code of Ordinances for Fiscal Year 2024: Motion by Page 935 of 2498 Book 153 Special Session, March 23, 2023 120 Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Wethal. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 14-23 Amending City of Dubuque Code of Ordinances Section 13-4-5 (D) SFU Rate, Charges; Utility Reve- nues. Seconded by Wethal. Motion carried 7- 0. ORDINANCE NO. 14-23 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 13-4-5 (D) SFU RATE, CHARGES; UTILITY REVENUES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That City of Dubuque Code of Ordinances Section 13-4-5 is amended to read as follows: (D) The SFU rate to be applied to resi- dential and nonresidential properties shall be $10.00 per SFU. Section 2. This Ordinance shall take effect on the 15t day of July, 2023. Passed, approved, and adopted this 23rd day of March 2023. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 5. Establishing Solid Waste Container Re- quirements, Collection, Rates and Charges un- der City of Dubuque Code of Ordinances for Fiscal Year 2024: Motion by Roussell to re- ceive and file the documents and that the re- quirement that a proposed ordinance be con- sidered and voted on for passage at two Coun- cil meetings prior to the meeting at which it is to be passed be suspended. Seconded by Far- ber. Motion carried 7-0. Motion by Roussell for final consideration and passage of Ordinance No. 15-23 Amend- ing City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 6 Solid Waste, Sec- tion 13-6-3 Container Requirements; Collec- tion Restrictions; and Title 13 Public Utilities, Chapter 6 Solid Waste, Article A City or Private Collection Service, Section 13-6A-6 Rates and Charges Established; Exceptions and Section 13-6A-8 Yard Waste and Food Scraps. Se- conded by Farber. Motion carried 7-0. ORDINANCE NO. 15-23 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES, CHAPTER 6 SOLID WASTE, SECTION 13-6- 3 CONTAINER REQUIREMENTS; COLLEC- TION RESTRICTIONS; AND TITLE 13 PUB- LIC UTILITIES, CHAPTER 6 SOLID WASTE, ARTICLE A CITY OR PRIVATE COLLEC- TION SERVICE, SECTION 13-6A-6 RATES AND CHARGES ESTABLISHED; EXCEP- TIONS AND SECTION 13-6A-8 YARD WASTE AND FOOD SCRAPS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 13-6-3 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 13-6-3: CONTAINER REQUIREMENTS; COLLECTION RESTRICTIONS: A. Container Ownership, Refuse and Recy- cling Containers Provided: 1. Refuse. Any refuse container provided by the City shall be owned by the City. 2. One City owned curbside recycling container shall be provided by the City to each dwelling unit in Class I premises for the collection of recyclable materi- als. If additional recycling capacity is needed, a second container will be is- sued, or a City owned recycling tipper cart will be provided. B. Disposal In Containers; Preparation Of Waste For Disposal: Solid waste shall be placed in bags secured with tags or oth- erwise sealed and placed in suitable con- tainers or City owned tipper cart(s). Tree limbs and carpet shall be securely tied in bundles not more than forty-eight inches (48") long and eighteen inches (18") in di- ameter. C. Container Standards: A standard solid waste container shall be not more than thirty-five (35) gallons nor be less than five (5) gallons in capacity except when only one container is used, in which case such container may be less than five (5) gallons in capacity. All such containers shall be waterproof and fitted with a tight lid and shall have handles, bails, or other suitable lifting devices. Containers shall be of a type originally manufactured for refuse or garbage, with tapered sides for easy emptying, and shall be of lightweight and sturdy construction. The weight of any individual standard container and its contents shall not exceed forty (40) pounds when utilizing non -City owned containers. Galvanized steel and similar metal containers, rubber containers, and plastic containers which do not become brittle in cold weather, may be used. Oil or grease drums, paint cans, and similar salvaged containers shall not be used. Disposable bags manufactured for gar- bage and solid waste disposal shall be acceptable unless they are left unat- tended for such a period of time or in such a location as to become a health hazard. Once a City owned trash tipper cart is Page 936 of 2498 Book 153 Special Session, March 23, 2023 121 issued, the tipper cart becomes the only a. Mandatory Subscription Alleys: acceptable trash container unless the (1) Carts Required: Alley carts, owned owner's container is approved by the City by the City for semiautomated lift - Manager. ing, are required to be subscribed to D. Healthcare Waste: in certain alleys, by owners, ten- 1. Except for Class II premises, ants, and/or property managers of healthcare waste shall be placed in suit- Class I premises where the ap- able containers separately from all proved set out location is in a man - other solid waste. Sharp objects such dated alley. Subscribers must com- as hypodermic needles, syringes and ply with program requirements as lancets shall be securely contained in approved by the City Manager. The hard plastic or metal disposable con- customer shall choose the number tainers with screw on or tightly secured and size of the cart. The options in - lids for collection. Broken glass and clude a thirty-five (35), forty-eight similar materials shall be placed in dis- (48), sixty-four (64), or ninety-six posable boxes with a secure closure. (96) gallon solid waste cart. Other healthcare waste such as soiled (2) Mandatory Alley Fees: The fee for bandages, disposable sheets and med- a thirty-five (35) gallon solid waste ical gloves shall be placed in thick dis- cart is fifteen dollars and eighty- posable plastic bags or shall be double three cents ($15.83) per month. The bagged. fee for a forty-eight (48) gallon solid 2. Class II premises shall comply with all waste cart is fifteen dollars and occupational safety health administra- eighty-three cents ($15.83) per tion (OSHA) regulations concerning the month. The fee for a sixty-four (64) disposal of potentially infectious gallon solid waste cart is seventeen wastes. dollars and thirteen cents ($17.13) E. Unacceptable Items For Collection: A per month. The fee for a ninety-six basket, box or noncomplying solid waste (96) gallon solid waste cart is container shall be considered disposable twenty-four dollars and seventy solid waste and shall be removed by the cents ($24.70) per month. collection crews if it is the proper size and b. Optional Cart Subscriptions: otherwise acceptable for collection. It (1) Optional Carts: In the areas where shall be left uncollected if it is larger than solid waste carts, owned by the City the allowable size or otherwise unac- for semi -automated lifting, are not ceptable for collection. mandated carts may be subscribed F. Large And Bulky Rubbish: Large and to by owners and/or property man - bulky rubbish such as furniture and appli- agers of Class I premises. Subscrib- ances shall not be collected except when ers must comply with program re - a special collection is established by the quirements as approved by the City city manager for the collection of such Manager. The customer shall items. choose the number and size of the Section 2. Section 13-6A-6 of the City of cart. The options include thirty-five Dubuque Code of Ordinances is hereby (35), forty-eight (48), sixty-four (64), amended to read as follows: or ninety-six (96) gallon solid waste 13-6A-6: RATES AND CHARGES ESTAB- carts. LISHED; EXCEPTIONS: (2) Optional Cart Fees: The fee for a A. Class I Premises: thirty-five (35) gallon solid waste 1. Base Fee And Conditions: A fee of fif- cart is fifteen dollars and eighty - teen dollars and eighty-three cents three cents ($15.83) per month. The ($15.83) per dwelling unit per month fee for a forty-eight (48) gallon solid shall be paid to the City by the property waste cart is seventeen dollars and owner of each Class I premises for such seventy-two cents ($17.72) per solid waste collection services. Said fee month. The fee for a sixty-four (64) shall be in payment for collection and gallon solid waste cart is twenty-one disposal of one (1) thirty-five (35) gallon dollars and twenty-five cents can, one (1) thirty-five (35) gallon trash ($21.25) per month. The fee for a bag, or one (1) 35-gallon City owned tip- ninety-six (96) gallon solid waste per cart of "solid waste" as defined in cart is twenty-nine dollars and this chapter. There is no limit on the re- eighty-four cents ($29.84) per cycling capacity allowed to be collected month. containing acceptable "recyclable ma- c. Multifamily Dwellings: Multifamily terials" as defined in this chapter. dwellings required to subscribe to al- l. Solid Waste Cart Subscriptions: ley carts and multifamily dwellings Page 937 of 2498 Book 153 Special Session, March 23, 2023 122 opting to subscribe to solid waste by the City for semiautomated lift- cart(s) must provide a minimum of ing, are required to be subscribed to thirty (30) gallons of capacity for each in certain alleys, by owners, ten - dwelling unit. The City may, in its sole ants, and/or property managers of discretion, require additional capacity Class II premises where the ap- per unit if thirty (30) gallons for each proved set out location is in a man - dwelling unit is insufficient. The City dated alley. Subscribers must com- shall notify the applicable account ply with program requirements as holder in writing of the additional ca- approved by the City Manager. The pacity requirement. customer shall choose the number 3. Class I Premises Exceptions: and size of the cart. The options in - a. When a Class I premises has been clude a thirty-five (35), forty-eight vacant for a period not less than two (48), sixty-four (64), or ninety-six (2) consecutive months, the owner (96) gallon solid waste cart. may apply to the City Manager for a (2) Mandatory Alley Fees: The fee for credit under procedures to be estab- a thirty-five (35) gallon solid waste lished by the City Manager. Such cart is fifteen dollars and eighty - credit shall continue only so long as three cents ($15.83) per month. The the Class I premises is vacant. fee for a forty-eight (48) gallon solid b. In cases of extreme financial hard- waste cart is fifteen dollars and ship, the City Manager may, and is eighty-three cents ($15.83) per hereby authorized and empowered month. The fee for a sixty- four (64) to, make adjustments in the monthly gallon solid waste cart is seventeen collection charges as the City Man- dollars and thirteen cents ($17.13) ager may deem appropriate. In such per month. The fee for a ninety-six cases, the City Manager shall have (96) gallon solid waste cart is the authority to require such proof of twenty-four dollars and seventy financial status or extreme hardship, cents ($24.70) per month. as the City Manager may deem nec- b. Optional Cart Subscriptions: essary. (1) Optional Carts: In the areas where c. When resident(s) of a Class I prem- solid waste carts, owned by the City ises has an annual income equal to or for semi -automated lifting, are not less than the income standards used mandated carts may be subscribed by HUD for its "Section 8 Housing to by owners and/or property man - Program" for the size of that house- agers of Class 11 premises. Sub - hold may, upon application to the City scribers must comply with program Manager or designee, be exempted requirements as approved by the from one-half (1/2) the established City Manager. The customer shall collection charge. After the initial ap- choose the number and size of the plication, annual application shall be cart. The options include thirty-five made by the account holder of the (35), forty-eight (48), sixty-four (64), City of Dubuque utility bill for the or ninety-six (96) gallon solid waste premises to verify annual income and carts. eligibility. (2) Optional Cart Fees: The fee for a B. Class II Premises: thirty-five (35) gallon solid waste 1. Base Fees And Conditions: A fee of fif- cart is fifteen dollars and eighty - teen dollars and eighty-three cents three cents ($15.83) per month. The ($15.83) per month shall be paid to the fee for a forty-eight (48) gallon solid City by the property owner of each waste cart is seventeen dollars and Class 11 premises for such solid waste seventy-two cents ($17.72) per collection services. Said fee shall be in month. The fee for a sixty-four (64) payment for collection and disposal of gallon solid waste cart is twenty-one one (1) thirty-five (35) gallon can, one dollars and twenty-five cents (1) thirty-five (35) gallon trash bag, or ($21.25) per month. The fee for a one (1) thirty five (35) gallon City owned ninety-six (96) gallon solid waste tipper cart of "solid waste" as defined. cart is twenty-nine dollars and There is no limit on the recycling capac- eighty-four cents ($29.84) per ity allowed to be collected containing month. acceptable "recyclable materials" as c. Multifamily Dwellings: Multifamily defined. dwellings required to subscribe to al- 2. Solid Waste Cart Subscriptions: ley carts and multifamily dwellings a. Mandatory Subscription Alleys: opting to subscribe to solid waste (1) Carts Required: Alley carts, owned cart(s) must provide a minimum of Page 938 of 2498 Book 153 Special Session, March 23, 2023 123 thirty (30) gallons of capacity for each (96) gallon solid waste cart is dwelling unit. twenty-four dollars and seventy 3. Termination: The owner of a Class II cents ($24.70) per month. premises served by the City solid waste b. Optional Cart Subscriptions: collection may provide the City Man- (1) Optional Carts: In the areas where ager with not less than fourteen (14) solid waste carts, owned by the City days' written notice of intent to termi- for semi -automated lifting, are not nate the service. Such termination of mandated carts may be subscribed service shall be effective at the begin- to by owners and/or property man- ning of the next billing period after such agers of Class III premises. Sub - fourteen (14) day notice period. scribers must comply with program 4. Recycling Only: Upon approval of an requirements as approved by the application for City recycling collection City Manager. The customer shall a fee of six dollars ($6.00) per month choose the number and size of the per unit shall be paid to the City by the cart. The options include thirty-five property owner of each Class II prem- (35), forty-eight (48), sixty-four (64), ises not serviced by City solid waste or ninety-six (96) gallon solid waste collection services for recycling collec- carts. tion. (2) Optional Cart Fees: The fee for a C. Class III Premises: thirty-five (35) gallon solid waste 1. Base Fees And Conditions: A fee of fif- cart is fifteen dollars and eighty - teen dollars and eighty-three cents three cents ($15.83) per month. The ($15.83) per dwelling per month shall fee for a forty-eight (48) gallon solid be paid to the City by the property waste cart is seventeen dollars and owner of each Class III premises for seventy-two cents ($17.72) per such services. Said fee shall be in pay- month. The fee for a sixty-four (64) ment for collection and disposal of one gallon solid waste cart is twenty-one (1) thirty-five (35) gallon can, one (1) dollars and twenty-five cents thirty-five (35) gallon trash bag, or one ($21.25) per month. The fee for a (1) thirty five (35) gallon City owned tip- ninety-six (96) gallon solid waste per cart of "solid waste" as defined. cart is twenty-nine dollars and There is no limit on the recycling capac- eighty-four cents ($29.84) per ity allowed to be collected containing month. acceptable "recyclable materials" as 3. Termination: The owner of a Class III defined. premises served by City solid waste 2. Solid Waste Cart Subscriptions: collection may provide the City Man - a. Mandatory Subscription Alleys: ager with not less than fourteen (14) (1) Required Carts: Alley carts, owned days' written notice of intent to termi- by the City for semiautomated lift- nate the service. Such termination of ing, are required to be subscribed to service shall be effective at the begin - in certain alleys, by owners, ten- ning of the next billing period after such ants, and/or property managers of fourteen (14) day notice period. Class III premises where the ap- 4. Recycling Only: Upon approval of an proved set out location is in a man- application for City recycling collection dated alley. Subscribers must com- a fee of six dollars ($6.00) per month ply with program requirements as per unit shall be paid to the City by the approved by the City Manager. The property owner of each Class III prem- customer shall choose the number ises not serviced by City solid waste and size of the cart. The options in- collection services for recycling collec- clude a thirty-five (35), forty-eight tion. (48), sixty-four (64), or ninety-six D. Unit Based Pricing: Collection options (96) gallon solid waste cart. and charges under unit -based pricing for (2) Mandatory Alley Fees: The fee for Class I, II and III premises are as follows: a thirty-five (35) gallon solid waste 1. Official City of Dubuque single -use cart is fifteen dollars and eighty- stickers costing one dollar and fifty three cents ($15.83) per month. The cents ($1.50) shall be applied to each fee for a forty-eight (48) gallon solid additional standard solid waste con - waste cart is fifteen dollars and tainer or small bulky or bundled item in eighty-three cents ($15.83) per excess of the one standard solid waste month. The fee for a sixty-four (64) container collected under the base gallon solid waste cart is seventeen monthly solid waste fee or any addi- dollars and thirteen cents ($17.13) tional subscribed container(s). per month. The fee for a ninety-six 2. Multiple -family dwellings of three (3), Page 939 of 2498 Book 153 Special Session, March 23, 2023 124 four (4), five (5), and six (6) dwelling units as well as Class II or Class III premises sharing a common set out lo- cation with other City solid waste cus- tomers shall only use approved rigid solid waste containers with permanent identification as to the specific prem- ises. However, for the two (2) weeks fol- lowing Christmas, excess solid waste may be set out in trash bags with ap- plied City of Dubuque single use stick- ers. The capacity must be a minimum of thirty (30) gallons per dwelling unit. E. Special Collection: The charge for a spe- cial collection service for large and bulky rubbish to each dwelling unit receiving such service when requested by the owner shall be as follows: 1. A fee of thirteen dollars ($13.00) shall be paid by the owner for each time the service is provided for up to the equiva- lent of three (3) cubic yards of solid waste. 2. An additional fee of thirteen dollars ($13.00) shall be paid for each addi- tional three (3) cubic yards of solid waste. 3. An additional fee of six dollars ($6.00) shall be paid to the City by the owner for each tire. 4. An additional fee of twenty dollars ($20.00) shall be paid to the City by the owner for each large appliance col- lected in the service (stoves, refrigera- tors, and dehumidifiers). An additional fee of five dollars ($5.00) shall be paid to the City by the owner for each small appliance collected in the service (toasters and pizza ovens). 5. An additional fee of fifteen dollars ($15.00) shall be paid to the City by the owner for each collection requested by the owner to be scheduled for service on a day not receiving weekly collection at the service address. 6. An additional fee of twenty dollars ($20.00) shall be paid to the City by the owner for each collection requested by the owner to be scheduled for collection of electronics including one device with an electronic screen (laptops, monitors, TVs, etc.). An additional fifteen -dollar ($15.00) fee will apply for each addi- tional device with an electronic screen set out per collection. An additional fee of five dollars ($5.00) shall be paid to the City by the owner for the collection of small electronics (VCR's, computer tower, or computer printer). Section 3. Section 13-6A-8 of the City of Dubu- que Code of Ordinances is hereby amended to read as follows: 13-6A-8: YARD WASTE AND FOOD SCRAPS: A. Separation Of Yard Waste: Yard waste shall be separated by the owner of a premises from all other solid waste. B. Composting: An owner may compost such person's own yard waste and food scraps on such person's own premises, provided the same is stored in such a manner as to not create a fire, health, or safety hazard. C. Collection Schedule For Yard Waste: Yard waste that has not been composted shall be collected by the City not more than once each week according to the collection schedule established by the City Manager. D. Preparation Of Waste: Containerized yard waste collected by the City shall be placed in degradable paper bags with an affixed single use sticker or in rigid waste containers with an affixed single use tag or in permanent waste containers with an affixed annual yard waste decal or in a subscribed sixty-four (64) gallon City owned yard waste cart or be contained by tying devices approved by the City Man- ager. The charges for collection and dis- posal of "yard waste" as defined shall be as follows: 1. The fee for tying devices approved by the City Manager shall be one dollar and fifty cents ($1.50) each. 2. The fee paid to the City by a customer of record with the City for an annual yard waste decal for a rigid waste con- tainer shall be forty dollars ($40.00) each. A decal shall only be used by the customer of record with the City who purchased it. 3. The fee for single use stickers shall be one dollar and fifty cents ($1.50) each. 4. The fee paid to the City for subscription to a sixty-four (64) gallon City owned yard waste cart shall be ten dollars ($10.00) per month. 5. The minimum fee paid to the City for collection of a scheduled leaf rake out is twenty dollars ($20.00) for a forty (40) standard leaf bag equivalent pile of leaves in the parking lane at the curb. E. Food Scrap Collection Program Sub- scribers: Subscribers to the food scrap collection program shall set out City owned carts containing food scraps and other compostable materials. SUBSCRIBER WEEKLY FOOD SCRAP COL- LECTION SERVICES Page 940 of 2498 Book 153 Special Session, March 23, 2023 125 Customer Class Cart Size Monthly <.............................................................. Rates ............................................. .................................................................................. City refuse custom- 13 gallon $1.00 ers and K - 12 schools 64 gallon $11.00 ............................................................................e..............................................................l........................................... Commercial cus- 13 gallon $4.00 tomers without City refuse collection 64 gallon .............................................................. $20.00 .......................................... 1. Such carts shall be co -collected with yard waste. The customer shall choose the number and size of the cart(s). 2. Such carts shall be set out weekly to reduce potential nuisance concerns. Failure to use, store or set out the cart properly shall cause the subscription to be terminated. F. Deposits In Public Rights -Of -Way Pro- hibited: No person shall deposit any yard waste or food scraps in any public right- of-way. Section 4. This ordinance shall take effect on July 1, 2023. Passed, approved, and adopted this 23rd day of March, 2023. Brad Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 6. Five -Year Street Construction Program for Fiscal Years 2024 - 2028: Motion by Res- nick to receive and file the documents and adopt Resolution No. 78-23 Adopting the Five - Year Street Construction Program for Fiscal Years 2024 - 2028. Seconded by Jones. Mo- tion carried 7-0. RESOLUTION NO. 78-23 ADOPTING THE FIVE-YEAR STREET CON- STRUCTION PROGRAM FOR FISCAL YEARS 2024 - 2028 Whereas, a recommended Five -Year Street Construction Program for the Fiscal Year 2024 - 2028 beginning July 1, 2023 and ending June 30, 2028, for the City of Dubuque has been prepared and submitted to the City Council; and Whereas, the Five -Year Street Construc- tion Program: 1) describes specific capital im- provement projects; 2) provides estimated costs for those projects; 3) proposes sources of funding; and 4) schedules the fiscal/calendar year during which each project will be under- taken; and Whereas, the capital improvement projects for the first year of such five-year program are included in the Fiscal Year 2024 budget; and Whereas, the adoption of the Five -Year Street Construction Program is a prudent measure to provide continuity of programs and is in the best 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 Five -Year Street Con- struction Program for Fiscal Years 2024 - 2028 beginning July 1, 2023, set out in the Fiscal Years 2024 - 2028 recommended Capital Im- provement Budget, is hereby approved, and adopted as the proposed allocation of City re- sources for capital improvements as scheduled in the years shown, subject to annual review and revision. Passed, adopted, and approved this 23rd day of March 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk There being no further business, Mayor Cavanagh declared the meeting adjourned at 7:40 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk Page 941 of 2498 Book 153 Special and Regular Sessions, April 3, 2023 126 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 6:00 p.m. on April 3, 2023, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6'h Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attor- ney 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 on the Carnegie -Stout Public Library Strategic Plan. WORK SESSION CARNEGIE-STOUT PUBLIC LIBRARY STRA- TEGIC PLAN Carnegie -Stout Public Library Director Nick Rossman presented on the Board of Trustees approved Strategic Plan for the Carnegie -Stout Public Library. Mr. Rossman responded to questions from the City Council regarding the availability of free parking options near the li- brary, how parking availability factors into the library's accreditation, and the previous time a strategic plan was adopted. Responding to a question from the City Council regarding how smart parking options can factor into the li- brary's parking, City Manager Van Milligen stated that the city will issue a Request for Pro- posals (RFP) to learn what smart parking op- tions firms can provide. There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:26 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on April 3, 2023, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6'h Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attor- ney Brumwell. Mayor Cavanagh read the call and stated this is a regular session of the City Council called for the purpose of conducting such busi- ness that may properly come before the City Council. PLEDGE OF ALLEGIANCE PROCLAMATION(S) 1. Sexual Assault Awareness Month (April 2023) was accepted by Sarah McKenzie and Sarah Fitzgerald on behalf of the Riverview Center. 2. Junior Achievement Day (April 6, 2023) was accepted by Scott Ellerbach on behalf of Junior Achievement of the Heartland. 3. Community Development Week (April 10-14, 2023) was accepted by Theresa Cald- well, Executive Director of the Dubuque Food Pantry, on behalf of the Housing and Commu- nity Development Department. 4. Dubuque YP Days of Caring (April 28, 2023) was accepted by Carnegie -Stout Public Library Director Nick Rossman on behalf of the Dubuque Area Chamber of Commerce's Young Professionals. 5. Clarke University Women's Basketball Team 2023 NAIA National Champions was ac- cepted by Clarke University Women's Basket- ball Head Coach Courtney Boyd and basket- ball team members Emma Kelchen and Athena Ubl on behalf of Clarke University. 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. Page 942 of 2498 Book 153 Regular Session, April 3, 2023 127 1. Minutes and Reports Submitted: City Council Proceedings of 3/20/23, 3/21/23, 3/22/23, and 3/23/23; Historic Preservation Commission of 3/16/23; Library Board of Trus- tees Update of 2/23/23; Proof of Publication for City Council Proceedings of 2/20/23, 2/21/23, 2/27/23, 3/6/23, 3/7/23, 3/8/23, and 3/9/23. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Rebecca Ambrosy for vehicle damage; Connie Carroll for property damage; Tony Cross for property damage; Susan Harris for vehicle damage; James Hauber for property damage; Ruth McEnany for property damage; Alex Pfeiffer for vehicle damage. Upon motion the documents were received, filed, and referred to the City At- torney. 3. Disposition of Claims: City Attorney ad- vised that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Rebecca Ambrosy for vehicle damage; Connie Carroll for property damage; Tony Cross for property damage; Susan Harris for vehicle damage; James Hauber for property damage; Ruth McEnany for property damage; Alex Pfeiffer for vehicle damage. Upon motion the documents were received, filed, and con- curred. 4. Approval of City Expenditures: Upon mo- tion the documents were received and filed, and Resolution No. 79-23 Authorizing the Chief Financial Officer/City Treasurer to make cer- tain payments of bills that must be paid and ap- proved for payment in accordance with City procedures was adopted. RESOLUTION NO. 79-23 AUTHORIZING THE CHIEF FINANCIAL OF- FICER / CITY TREASURER TO MAKE CER- TAIN 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 gen- erally accepted internal control procedures and have been determined to have been requisi- tioned for a lawful municipal purpose; and Whereas, the Chief Financial Officer -City Treasurer has provided a list of Expenditures [provided] 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 Fi- nancial Officer -City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is [provided] 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 pay- ment 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 ac- cordance with approved budget appropria- tions. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Chief Fi- nancial Officer are hereby authorized and di- rected to provide the statement of receipts and disbursements to the City Council, and to pub- lish a summary thereof. Passed, approved, and adopted this 3rd day of April, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Fiscal Year 2024 Community Develop- ment Block Grant Annual Action Plan: Upon motion the documents were received and filed, and Resolution No. 80-23 Adopting the Fiscal Year 2024 (Program Year 2023) Community Development Block Grant (CDBG) Annual Ac- tion Plan for Approval was adopted. RESOLUTION NO. 80-23 ADOPTING THE FISCAL YEAR 2024 (PRO- GRAM YEAR 2023) COMMUNITY DEVELOP- MENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN FOR APPROVAL Whereas, the City of Dubuque, through a series of public meetings and hearings, pro- posed a Fiscal Year 2024 (Program Year 2023) Community Development Block Grant Annual Action Plan be approved addressing housing and non -housing needs in the community; and Whereas, the Community Development Advisory Commission held a public hearing on January 18, 2023 to receive community input on the Fiscal Year 2024 (Program Year 2023) Community Development Block Grant Annual Action Plan; and Whereas, the Community Development Advisory Commission unanimously recom- mended the City Council approve Fiscal Year 2024 (Program Year 2023) Community Devel- opment Block Grant Annual Action Plan on January 18, 2023. Page 943 of 2498 Book 153 Regular Session, April 3, 2023 128 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Community Develop- ment Block Grant Fiscal Year 2024 (Program Year 2023) Annual Action Plan, [provided] hereto and by this reference made a part hereof, is hereby adopted. Section 2. The City Manager or his de- signee of the City of Dubuque is hereby author- ized to direct staff to prepare and submit to the United States Department of Housing and Ur- ban Development the Fiscal Year 2024 (Pro- gram Year 2023) Annual Action Plan with all related documents, for the use of Community Development Block Grant funds based on this adopted budget and execute standard con- tracts and agreements. Passed, approved, and adopted this 3rd day of April, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Second Amendment to Community De- velopment Block Grant (CDBG) Subrecipient Agreement between the City of Dubuque and Dubuque Community School District: Upon motion the documents were received and filed, and Resolution No. 81-23 Authorizing the Sec- ond Amendment to the CDBG Subrecipient Agreement between the City of Dubuque and Dubuque Community School District was adopted. RESOLUTION NO. 81-23 AUTHORIZING THE SECOND AMENDMENT TO THE CDBG SUBRECIPIENT AGREE- MENT BETWEEN THE CITY OF DUBUQUE AND DUBUQUE COMMUNITY SCHOOL DIS- TRICT Whereas, the City of Dubuque and Dubu- que Community School District entered into a CDBG Subrecipient Agreement Amendment #1 dated May 16, 2022 with respect to the mat- ters specified therein for the archaeological survey and planning costs; and Whereas, the parties desire to modify the Subrecipient Agreement as set out in the Sec- ond Amendment to the Subrecipient Agree- ment [provided] hereto; and Whereas, the Dubuque Community School District Lincoln Wellness Project provides ser- vices to low- to moderate -income areas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Second Amendment to the CDBG Subrecipient Agreement be ap- proved. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute said Amendment on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 3rd day of April 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7. First Amendment to the Housing TIF Agreement with Affordable Housing Network Inc (AHNI): Upon motion the documents were received and filed, and Resolution No. 82-23 Approving the First Amendment to an Agree- ment with Affordable Housing Network, Inc. for the rehabilitation of residential property within the City of Dubuque for resale or rental to low and moderate -income families was adopted. RESOLUTION NO. 82-23 APPROVING THE FIRST AMENDMENT TO AN AGREEMENT WITH AFFORDABLE HOUSING NETWORK, INC. FOR THE REHA- BILITATION OF RESIDENTIAL PROPERTY WITHIN THE CITY OF DUBUQUE FOR RE- SALE OR RENTAL TO LOW AND MODER- ATE -INCOME FAMILIES Whereas, the City of Dubuque ("City") and Affordable Housing Network, Inc. ("AHNI") are parties to an Agreement (the Agreement) dated for reference purposes the 3rd day of June, 2019; and Whereas, the parties now desire to amend the agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA, AS FOLLOWS: Section 1. The First Amendment to the Agreement is hereby approved. Section 2. The City Manager is hereby au- thorized and directed to execute such Amended Agreement on behalf of the City of Dubuque, Iowa. Section 3. The City Council grants the au- thority to the City Manager or the City Man- ager's designee to manage the agreement and act in accordance with the terms of the agree- ment. Passed, approved, and adopted this 3rd day of April, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 8. Grass and Weed Cutting and Garbage Collection Assessments: Upon motion the doc- uments were received and filed, and Resolu- tion No. 83-23 Authorizing the city to collect de- linquent grass and weed cutting and garbage collection charges in accordance with Title 6-4- 3A and Title 6-8-2 of the Code of Ordinances of the City of Dubuque, Iowa was adopted. RESOLUTION NO. 83-23 AUTHORIZING THE CITY TO COLLECT DE- LINQUENT GRASS AND WEED CUTTING AND GARBAGE COLLECTION CHARGES IN ACCORDANCE WITH TITLE 6-4-3A and Page 944 of 2498 Book 153 Regular Session, April 3, 2023 129 TITLE 6-8-2 OF THE CODE OF ORDI- NANCES OF THE CITY OF DUBUQUE, IOWA Whereas, residential properties in the City of Dubuque are considered substandard if any conditions exist to an extent that endanger life, limb, health, property, safety, or welfare of the public or the occupants thereof; and Whereas, whenever in the judgment of the Housing Officer, a nuisance that is "palpably and indisputably such" exists which requires immediate action to protect the public health, safety or welfare of the public, the Housing Of- ficer may order the emergency abatement of such; and Whereas, delinquent grass and weed cut- ting and garbage collection charges shall be certified by the City Clerk to the Dubuque County Treasurer for collection with, and in the same manner as general property taxes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the persons listed on the at- tached Grass/Weed/Garbage Assessment Schedule are delinquent in the payment of grass and weed cutting and garbage collection charges. Section 2. That the City Clerk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named on the attached Grass/Weed/Garbage Assessment Schedule are delinquent in the payment of grass and weed cutting and garbage collection charges in the amount set aside of the respective names, and that said amounts shall be collected in the same manner as general property taxes against the respective parcels of property set opposite the names of the owners. Passed, approved, and adopted this 3rd day of April, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk Schedule of Assessments Delinquent Grass and Weed Cutting and Garbage Removal Accounts Location; Legal Description; Owner; Parcel #; Amount; Category 3325 Sunset Park; Lot 2-21 BILK 10 Sunset Park Sub; Scoe Properties LLC PO Box 335 Kieler WI 53812; 1016427016; $236.12; gar- bage 900 Rhomberg Ave; Lot 14 Hooper's Add; Tch Property Group LLC 9172 Dunkirk St NE Blaine MN 55449; 1013478004; $77.16; gar- bage 2095 University Ave; W 2'-1 Sub 13 Mineral Lot 172 Lot 2-13 Min Lot 172 & Lot 2 Mabels Sub; Culbertson, Dorothy A 757 Caledonia PI Apt #1 Dubuque IA 52001; 1026132001; $135.00; grass 1698 Jackson St; Lot 1-37 East Dubuque Add; Eichstadt, Alexander Lee & Andress Boggs 765 Estes Ave San Antonio TX 78209; 1024268001; $135.00; grass 1225 N Booth St; Lot 2-1 Trenks Booth St PI; Fries, Thomas A 1225 N Booth St Dubuque IA 52001; 1023483017; $135.00; grass 25 Alpine St; N 55' of Lot 9 & N 55' of Lot 10 Reeder Langworthy's Sub; Gill, Mitchel J & Huguelet, Clare A 25 Alpine St Dubuque IA 52001; 1025306001; $135.00; grass 717 Lincoln Ave; Lot 69 Cooks Add; Hollis- ter, George A & Marjorie D 1916 1/2 Johnson St Dubuque IA 52001; 1013483015; $135.00; grass 290 Bryant St; Lot 4 Sub 145 & 146 Union Add; Gneiser, Robert John II & Elizabeth J Runicka-Gneiser 290 Bryant St Dubuque IA 52003; 1025361010; $135.00; grass 1478 Adair St; W 80' of Lot 5 Woodlawn Park; Weber, Richard D Jr 1478 Adair St Dubu- que IA 52001; 1023465001; $135.00; grass 2240 Hoyt St; Lot 1-3 Pfohls Sub; Schulte, Timothy E 2240 Hoyt St Dubuque IA 52001; 1023327001; $135.00; grass 2286 Central Ave; W 1 /2-S 1/2-Lot 18 & W 1/2- N 1/4-Lot 16P L H Langworthy's Add; Hanen, Shawn C & Christina M 179 S Winter Quarters Road Pampa TX 79065-2301; 1024130003; $135.00; grass 2240 Hoyt St; Lot 1-3 Pfohls Sub; Schulte, Timothy E 2240 Hoyt St Dubuque IA 52001; 1023327001; $135.00; grass 1698 Jackson St; Lot 1-37 East Dubuque Add; Eichstadt, Alexander Lee & Andress Boggs 765 Estes Ave San Antonio TX 78209; 1024268001; $135.00; grass 1786 Jackson St; S 1/2 Lot 32 East Dubu- que Add; Neal, Phillip & Crystal 1786 Jackson St Dubuque IA 52001; 1024263002; $135.00; grass 1360 Dell St; Lot 2-810 A McDaniel's Sub; Paul, Jacob R 1825 74t" Place Kenosha WI 53143; 1024340003; $135.00; grass 632 W 8th St; Lot 25 Rogers Sub; Budde, Lance A 7697 N Indian Rdg East Dubuque IL 61025; 1025133009; $135.00; grass 1266 Jackson St; S 1/2 Lot 58 & N 1'6"- N 1/2 - Lot 59 East Dubuque Add; Landlord 36 Holdings LLC 10620 Southern Heights Pkwy Ste 110-802 Las Vegas NV 89141; 1024435006; $135.00; grass 717 Lincoln Ave; Lot 69 Cooks Add; Hollis- ter, George A & Marjorie D 1916 1/2 Johnson St Dubuque IA 52001; 1013483015; $135.00; grass 985 Center PI; Lot 2 Newburghs Sub; Far- rey, Nolan R 985 Center Place Dubuque IA 52001; 1025102006; $135.00; grass 2101 Windsor Ave; Lot 3-63 Cooks Add; Wolbers, Brandon R 2101 Windsor Ave Dubu- que IA 52001; 1013486007; $135.00; grass Page 945 of 2498 Book 153 Regular Session, April 3, 2023 130 2918 Brunswick St; Lot 75 Belmont Add; Klein, Lisa K 2918 Brunswick St Dubuque IA 52001; 1013133009; $135.00; grass 801 Garfield Ave; Lot 1 Dreibelbis Add; Tabernacle of Faith Apostolic Church 3197 Highland Park Dr Dubuque IA 52001; 1013481019; $135.00; grass 2286 Central Ave; W 1/2-S 1/2-Lot 18 & W 1/2- N 1/4-Lot 16P L H Langworthy's Add; Hanen, Shawn C & Christina M 179 S Winter Quarters Road Pampa TX 79065-2301; 1024130003; $135.00; grass 1225 N Booth St; Lot 2-1 Trenks Booth St PI; Fries, Thomas A 1225 N Booth St Dubuque IA 52001; 1023483017; $135.00; grass 1875 Saint Joseph St; Bal-E 50'-E 100'-W 250'-Lot 8 & E 50'-W 100'-E 240'-Lot 9 Sisters Add; Bissell, Ann E 3065 Rundelac Rd Annap- olis MD 21403 Land; 1026405017; $135.00; grass 1906 Ellis St; N 1/2 of Lot 44 Coxs Add; Jasro LLC 1560 Langenbery Ave Iowa City IA 52240; 1024180012; $135.00; grass 1617 Lincoln Ave; Ne 1/2 of Lot 564 Hams Add; Macker, Virginia 155 N Clark Lane Ga- lena IL 61036; 1118152003; $135.00; grass 2095 University Ave; W 2'-1 Sub 13 Mineral Lot 172 Lot 2-13 Min Lot 172 & Lot 2 Mabels Sub; Culbertson, Dorothy A 757 Caledonia PI Apt #1 Dubuque IA 52001; 1026132001; $135.00; grass 650 W 81h St; Lot 28 Rogers Sub; Budde's Home Improvement Inc 650 W 8th St Dubuque IA 52001; 1025133006; $135.00; grass 2240 Hoyt St; Lot 1-3 Pfohls Sub; Schulte, Timothy E 2240 Hoyt St Dubuque IA 52001; 1023327001; $135.00; grass 900 1/2 Merz St; Lot 2-26 A Stines Sub; Lynch, Cecelia A 900 1/2 Merz St Dubuque IA 52001; 1013434010; $135.00; grass 3468 Wagon Wheel Ln; Lot 11 Rustic Point Estates; Merrick Construction & Development Corporation 3080 Cedar Crest Ct Ste 103 Dubuque IA 52003; 1009328006; $135.00; grass 321 Kaufmann Ave; Lot 3 Welands Sub; Valentine, Jeremy R 321 Kaufmann Ave Dubu- que IA 52001; 1025176018; $135.00; grass 730 Berkley PI; Lot 7 Blk 2 Sunnyview Hills Sub; Twining, Robert D II; 730 Berkley PI Dubuque IA 52001; 1014404021; $135.00; grass 2095 University Ave; W 2'-1 Sub 13 Mineral Lot 172 Lot 2-13 Min Lot 172 & Lot 2 Mabels Sub; Culbertson, Dorothy A 757 Caledonia PI Apt #1 Dubuque IA 52001; 1026132001; $135.00; grass 425 Hill St; Lot 29 Deming & Horrs Sub; Ap- gar, Griffith D & Kimberly S 425 Hill St Dubuque IA 52001; 1025176018; $135.00; grass 650 W 811 St; Lot 28 Rogers Sub; Budde's Home Improvement Inc 650 W 81h St Dubuque IA 52001; 1025133006; $135.00; grass 1099 Center PI; Lot 2-14 McNulty's Sub & Lot 7 Newburghs Sub; Kruser, Andrew 1099 Center PI Dubuque IA 52001; 1024356010; $135.00; grass Cobalt Ct; Lot 1 Sky Blue Estates; EKM LLC 10662 Diesel Dr Dubuque IA 52001; 1107104034; $190.00; grass 1504 Iowa St; S 20'-S 47'-W 1 /2-S 1/5 of City Lot 454; Eichstadt, Alexander Lee & An- dress 765 Estes Ave San Antonio TX 78209; 1024403007; $135.00; grass 1551 Bluff St; E 80' Lot 6 Cooleys Sub; 1551 Bluff Realty LLC 180 E Railroad St West Haverstraw NY 10993; 1024329040; $147.68; garbage 2565 Central Ave; Lots 1-2 & 1-3 Kiene & Altmans Sub; Zas Properties LLC 605 Bluff St #132 Dubuque IA 52001; 1013314025; $216.52; garbage 642 N Burden St; Lot 105 O'Neill's River View; Almond Tree Properties LLC 1603 E Boston Ave Indianola IA 50125; 1012379007; $260.36; garbage 115 Cherokee Dr; Lot 2-3, 1-4, & 2-1-5 Dubuque Homes Sub #2; McCarty, Kevin K & Nancy A 1894 Norland Dr Dubuque IA 52002; 1026351005; $152.68; garbage 1266 Jackson St; S 1/2 Lot 58 & N 1'6"- N 1/2 - Lot 59 East Dubuque Add; Landlord 36 Holdings LLC 10620 Southern Heights Pkwy Ste 110-802 Las Vegas NV 89141; 1024435006; $122.68; garbage 1266 Jackson St; S 1/2 Lot 58 & N 1'6"- N 1/2 - Lot 59 East Dubuque Add; Landlord 36 Holdings LLC 10620 Southern Heights Pkwy Ste 110-802 Las Vegas NV 89141; 1024435006; $392.86; garbage 2101 Kniest St; Lot 2-3-1-10 Kniest's Sub; Mid -America Property Management LLC Po Box 1572 Dubuque IA 52004-1572; 1024211016;$93.84; Garbage 1913 Jackson St; Sm 1/5 & S 3' M 1/5 of City Lot 489; Brandel, Brian 2304 Jackson St Dubuque IA 52001; 1024254010; $122.68; garbage 556 Clarke Dr; Lots 1-3, 2-3 & 4 All In Buet- tell's Sub; Nottingham Properties LLC 2115 John F Kennedy Rd Dubuque IA 52002; 1024155052; $122.68; Garbage 396 Klingenberg Ter; Lots 1, 2-2, 2-3, 2-3A, In C A Voelker Add; Healz 187 Rentals LLC 2435 Coates St Dubuque IA 52003; 1024133012; $179.02; garbage 2631 University Ave; Lot 1-7 Lenox Add; Dubuque Property Investments LLC 8505 Southern Hills Ct Dubuque IA 52003; 1027279019; $122.68; garbage 451 W 16t" St; Lots 5 & 5A Fairview Sub; All American Rentals LLC 9517 Route 52 S Dubuque IA 52003; 1024329007; $192.68; Garbage 2401 Jackson St; Lot 1 New Jackson Sub; Mid -America Property Management LLC Po Page 946 of 2498 Book 153 Regular Session, April 3, 2023 131 Box 1572 Dubuque IA 52004-1572; 1013379031; $147.68; garbage 209 E 22"1 St; W 33'-W65'-Lot 84 L H Lang- worhty's Add; Mid -America Property Manage- ment LLC Po Box 1572 Dubuque IA 52004- 1572; 1024203021; $122.68; garbage 909 Rhomberg Ave; Ne 1/2-Lot 17 & Lot 2- 1-18 Hooper's Add; Mid -America Property Management LLC Po Box 1572 Dubuque IA 52004; 1013477015; $147.68; garbage 2413 Jackson St; Lot 3 New Jackson Sub; Brandel, Brian 2413 Jackson St Dubuque IA 52001; 1013379029; $233.68; garbage 9. Problem Property Assessment: Upon motion the documents were received and filed, and Resolution No. 84-23 Authorizing the city to collect delinquent problem property charges in accordance with 14-1J1 International Prop- erty Maintenance Code Section 106.5 and/or Section 109.5 Code of Ordinances of the City of Dubuque, Iowa was adopted. RESOLUTION NO. 84-23 AUTHORIZING THE CITY TO COLLECT DE- LINQUENT PROBLEM PROPERTY CHARGES IN ACCORDANCE WITH 14-1J1 INTERNATIONAL PROPERTY MAINTE- NANCE CODE SECTION 106.5 AND/OR SECTION 109.5 CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, residential properties in the City of Dubuque are considered hazardous or un- sanitary premises if problem properties are al- lowed to deteriorate according to 14-1J1; and Whereas, whenever in the judgment of the Code Official, a nuisance that is "palpably and indisputably such" exists which requires imme- diate action to protect the public health, safety or welfare of the public, the Code Official may order the emergency abatement of such; and Whereas, delinquent problem property charges shall be certified by the City Clerk to the Dubuque County Treasurer for collection with, and in the same manner as general prop- erty taxes. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the persons listed on the at- tached Problem Property Assessment Sched- ule are delinquent in the payment of problem property charges. Section 2. That the City Clerk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named on the attached Prob- lem Property Assessment Schedule are delin- quent in the payment of problem property charges in the amount set aside of the respec- tive names, and that said amounts shall be col- lected in the same manner as general property taxes against the respective parcels of property set opposite the names of the owners. Passed, approved, and adopted this 3rd day of April, 2023. Brad M. Cavanaugh, Mayor Attest: Adrienne N. Breitfelder, City Clerk Schedule of Assessments Vacant or Abandoned Building Problem Property Assessments Location; Legal Description; Owner; Parcel #; Amount; Category 548 W 7t" St; Lot 18 in Coriell's Dubuque; McDonald, Ronald P 801 Davis St Apt 501 Dubuque IA 52001; 1025136009; $51,656.47; Demolition charges to remove building 10. Resolution of Support for Proposed Low Income Housing Project in the Amended Radford Road Urban Revitalization Area: Upon motion the documents were received and filed, and Resolution No. 85-23 Providing a Letter of Support for a Low -Income Housing Tax Credit Project proposed by Dubuque Housing Group was adopted. RESOLUTION NO. 85-23 PROVIDING A LETTER OF SUPPORT FOR A LOW-INCOME HOUSING TAX CREDIT PROJECT PROPOSED BY DUBUQUE HOUSING GROUP Whereas, Dubuque Housing Group ("De- veloper"), is proposing to submit an application for 9% LIHTC to the Iowa Finance Authority ("IFA") for a proposed affordable housing pro- ject on the Property; and Whereas, IFA requires, as part of an appli- cation by the Developer, documentation from the City enumerating project -specific support which is not more than 180 days old on or as of the date the application is submitted; and Whereas, the City Council desires to affirm the project provision of a public benefit by cre- ating new affordable housing units in the com- munity and further desires to affirm support of an application of LIHTC for the Project and conditional approval of certain financial assis- tance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, as follows: 1. The City Council affirms and authorizes its support of the proposed Project by the De- veloper to IFA for the competitive 9% LIHTC funding in the 2023 application round. 2. The City Council provides conditional fi- nancial support for the Project through estab- lished housing creation incentives, all in ac- cordance with the Amended Radford Road Ur- ban Revitalization Area Plan established pur- suant to Ordinance No. 52-19 and Resolution No. 200-22 subject to approval by IFA of the Project for 9% LIHTC Funds in the 2023 appli- cation round, and an executed development Page 947 of 2498 Book 153 Regular Session, April 3, 2023 132 agreement. Passed, approved, and adopted this 3rd day of April, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 11. Authorizing the Filing of an Application and Letter of Support to the Iowa Economic Development Authority Community Catalyst Building Remediation Grant Program on behalf of Nia Neighborhoods Opportunity Zone Fund, LLC: Upon motion the documents were re- ceived and filed, and Resolution No. 86-23 Au- thorizing the filing of an application and letter of support with the Iowa Economic Development Authority for the application by the City of Dubuque on behalf of Nia Neighborhoods Op- portunity Zone Fund, LLC for a Community Catalyst Building Remediation Grant was adopted. RESOLUTION NO. 86-23 AUTHORIZING THE FILING OF AN APPLI- CATION AND LETTER OF SUPPORT WITH THE IOWA ECONOMIC DEVELOPMENT AU- THORITY FOR THE APPLICATION BY THE CITY OF DUBUQUE ON BEHALF OF NIA NEIGHBORHOODS OPPORTUNITY ZONE FUND, LLC FOR A COMMUNITY CATALYST BUILDING REMEDIATION GRANT 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 Pro- ject); and Whereas, financial assistance from the Iowa Economic Development Authority is de- signed to assist communities with the develop- ment or rehabilitation of buildings to stimulate economic growth or reinvestment in the com- munity; and Whereas, the City of Dubuque intends to apply to the Iowa Economic Development Au- thority on behalf of Nia Neighborhoods Oppor- tunity Zone Fund, LLC for the Community Cat- alyst Building Remediation Grant Program; and Whereas, the City Council of the City of Dubuque, Iowa has considered the proposal and determined that the proposed Project will contribute to the local economy through the creation of housing and jobs in the City, all of which qualify for the Iowa Economic Develop- ment Authority Community Catalyst Building Remediation Grant Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the filing of the [provided] Application and Letter of Support for the City of Dubuque to the Iowa Economic Development Authority on behalf of Nia Neighborhoods Op- portunity Zone Fund, LLC for the Community Catalyst Building Remediation Grant Program, is hereby approved. Section 2. That the Mayor is hereby author- ized and directed to execute, and the City Man- ager is hereby directed to submit the Applica- tion and Letter of Support to the Iowa Eco- nomic Development Authority together with such other documents as may be required. Passed, approved, and adopted this 3rd day of April, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 12. Transmission of Application Guidelines for Fiscal Year 2024 Arts & Culture Special Projects Grant Program: Upon motion the doc- uments were received and filed. 13. Transmission of Application Guidelines for Fiscal Year 2024 Arts & Culture Operating Support Grant Program: Upon motion the doc- uments were received and filed. 14. Fiscal Year 2024 Planning Services De- partment - Increased Fees: Upon motion the documents were received and filed, and Reso- lution No. 87-23 Rescinding Resolution No. 137-21, Establishing a Schedule of Develop- ment Services Fees, and adopting in lieu thereof a New Schedule of Development Ser- vices Fees as provided in Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code was adopted. RESOLUTION NO. 87-23 RESCINDING RESOLUTION NO. 137-21, ES- TABLISHING A SCHEDULE OF DEVELOP- MENT SERVICES FEES, AND ADOPTING IN LIEU THEREOF A NEW SCHEDULE OF DE- VELOPMENT SERVICES FEES AS PRO- VIDED IN TITLE 16 OF THE CITY OF DUBU- QUE CODE OF ORDINANCES, UNIFIED DE- VELOPMENT CODE Whereas, the City Council of the city of Dubuque, Iowa establishes by resolution cer- tain fees for development services pursuant to the Unified Development Code, pursuant to the [provided] schedule of Development Services Fees for the Planning Services Department. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. Resolution No. 137-21 and its Schedule of Fees is hereby rescinded effective July 1, 2023. Section 2. That the [provided] Fee Sched- ule for the Planning Services Department is hereby approved. Section 3. That the [provided] Fee Sched- ule shall take effect on July 1, 2023. Page 948 of 2498 Book 153 Regular Session, April 3, 2023 133 Passed, approved, and adopted this V day of April, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 15. 2022 Pavement Marking Project: Ac- ceptance of Public Improvement Construction Contract: Upon motion the documents were re- ceived and filed, and Resolution No. 88-23 Ac- cepting the 2022 Pavement Marking Project and authorizing the payment to the contractor was adopted. RESOLUTION NO. 88-23 ACCEPTING THE 2022 PAVEMENT MARK- ING PROJECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the 2022 Pavement Marking Project, (the Project) has been completed by the Contractor, SELCO, Inc. (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 $185,507.43; and Whereas, the Contractor has previously been paid $176,232.05, leaving a balance of $9,275.37; 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 $9,275.37 as pro- vided in Iowa Code chapter 573, and to pay such retainage in accordance with the provi- sions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved, and adopted this 3rd day of April 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF 2022 PAVEMENT MARK- ING PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 2022 Pavement Marking Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $185,507.43. Dated this 27th day of March 2023. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 271h day of March 2023. /s/Adrienne N. Breitfelder, City Clerk 16. 2023 Asphalt Overlay Curb Ramp Pro- ject 3: Upon motion the documents were re- ceived, filed, and made a matter of record. 17. English Lane Sanitary Replacement Project: Upon motion the documents were re- ceived, filed, and made a matter of record. 18. Rebuilding Bridges to Equity & Employ- ment (RAISE) Grant Publication: Upon motion the documents were received and filed. 19. Signed Contract(s): Engineering & Con- struction Innovations, Inc. for the Upper Bee Branch Creek Restoration Railroad Sanitary In- terceptor Crossing Project; Yamaha Motor Fi- nance Corporation, U.S.A., for Amendment #2 to Equipment Schedule #116561. Upon motion the documents were received and filed. 20. Improvement Contracts / Performance, Payment, and Maintenance Bonds Midwest Concrete, Inc. for the 2023 Asphalt Overlay Ramp Project Two. Upon motion the docu- ments were received, filed, and approved. 21. Adoption of the March 2023 Replace- ment Supplement to the City of Dubuque Code of Ordinances: Upon motion the documents were received and filed, and Resolution No. 89-23 Adopting March 2023 Replacement Sup- plement to the Code of Ordinances of the City of Dubuque, Iowa was adopted. RESOLUTION NO. 89-23 ADOPTING MARCH 2O23 REPLACEMENT SUPPLEMENT TO THE CODE OF ORDI- NANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under the date of August 17, 2009, the City Council, pursuant to Ordinance No. 43-09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its entirety; and Whereas, since August 17, 2009, the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Ordinance; and Whereas, Section 380.8 of the Code of Iowa provides that supplements, by resolution, become part of the Code of Ordinance; and Whereas, Code Supplements are prepared by American Legal Publishing of Cincinnati, Ohio and filed in the Office of the City Clerk of the City of Dubuque Iowa; and Whereas, Section C of Ordinance No. 20- 21, adopted on May 19, 2021, was omitted from previous supplements of the Code of Page 949 of 2498 Book 153 Regular Session, April 3, 2023 134 Ordinances of the City of Dubuque, Iowa; and Whereas, the March 2023 Replacement Supplement incorporates Ordinance No. 20-21 in its entirety within the Code of Ordinances 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 the March 2023 Replace- ment Supplement to the City of Dubuque Code of Ordinances is hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque, Iowa. Passed, approved, and adopted this 3rd day of April 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 22. Amended 2022 City Council Official Proceedings: Upon motion the documents were received, filed, and approved. 23. Approval of Retail Alcohol Licenses: Upon motion the documents were received and filed, and Resolution No. 90-23 Approving ap- plications for retail alcohol licenses, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 90-23 APPROVING APPLICATIONS FOR RETAIL ALCOHOL LICENSES, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDI- NANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CON- TROL, ARTICLE B LIQUOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for retail alcohol li- censes have been submitted and filed with the City Council for approval, and the same have been examined, provisionally approved, and/or approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City, and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Clerk is hereby author- ized and directed to cause to be issued at the noted premise address to the following appli- cants pending submission of the locally re- quired documentation: New Applications Provisional Issuances Gold Standard Athletics, 55 John F. Kennedy Rd. Suite 415 Grand River Center, 500 Bell St. McAleece Park and Recreation Complex, 1801 Admiral Sheehy Dr. Panchero's Mexican Grill, 4840 Asbury Rd. Port of Dubuque Marina, 450 East V St. Passed, approved, and adopted this V day of April 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 Wethal. Motion carried 7-0. 1. Proceedings to Set Public Hearing on the Issuance of Not to Exceed $5,800,000 General Obligation Bonds, Series 2023: Upon motion the documents were received and filed, and Resolution No. 91-23 Setting the date for public hearing and additional action on proposal to enter into General Obligation Loan Agree- ments and to borrow money thereunder was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on April 17, 2023 in the Historic Federal Building. RESOLUTION NO. 91-23 SETTING THE DATE FOR PUBLIC HEARING AND ADDITIONAL ACTION ON PROPOSAL TO ENTER INTO GENERAL OBLIGATION LOAN AGREEMENTS AND TO BORROW MONEY THEREUNDER Whereas, the City of Dubuque (the "City"), in Dubuque County, State of Iowa proposes to enter into a loan agreement (the "Fire Protec- tion Facilities Loan Agreement") and to borrow money thereunder in a principal amount not to exceed $450,000, pursuant to the provisions of Section 384.24A of the Code of Iowa, for the purpose of undertaking repairs and improve- ments for municipal fire protection facilities, and it is now necessary to fix a date of meeting of the City Council at which it is proposed to take action to enter into the Fire Protection Fa- cilities Loan Agreement and to give notice thereof as required by such law, including no- tice of the right to petition for an election on such proposal pursuant to the provisions of Section 384.26 of the Code of Iowa; and Whereas, the City also proposes to enter into a loan agreement (the "Parking Ramp Fa- cilities Loan Agreement") and to borrow money thereunder in a principal amount not to exceed $450,000, pursuant to the provisions of Section 384.24A of the Code of Iowa, for the purpose of undertaking repairs and improvements to municipal parking ramp facilities, and it is now necessary to fix a date of meeting of the City Council at which it is proposed to take action to enter into the Parking Ramp Facilities Loan Agreement and to give notice thereof as re- quired by such law, including notice of the right Page 950 of 2498 Book 153 Regular Session, April 3, 2023 135 to petition for an election on such proposal pur- suant to the provisions of Section 384.26 of the Code of Iowa; and Whereas, the City also proposes to enter into a loan agreement (the "Five Flags Arena Loan Agreement") and to borrow money there- under in a principal amount not to exceed $700,000, pursuant to the provisions of Section 384.24A of the Code of Iowa, for the purpose of undertaking repairs and improvements to the Five Flags Arena facilities, and it is now neces- sary to fix a date of meeting of the City Council at which it is proposed to take action to enter into the Five Flags Arena Loan Agreement and to give notice thereof as required by such law, including notice of the right to petition for an election on such proposal pursuant to the pro- visions of Section 384.26 of the Code of Iowa; and Whereas, the City also proposes to enter into a loan agreement (the "Urban Renewal Loan Agreement" and together with the Fire Protection Facilities Loan Agreement, the Parking Ramp Facilities Loan Agreement, and the Five Flags Arena Loan Agreement, the "Loan Agreements"), pursuant to the provisions of Section 384.24A and Section 384.24.3(q) of the Code of Iowa, and to borrow money there- under in a principal amount not to exceed $4,650,000 for the purpose of paying the costs, to that extent, of undertaking the Mystique Community Ice Center (Dubuque Ice Arena) Settling Remediation and Building Improve- ments Project, an authorized urban renewal project in the Dubuque Greater Downtown Ur- ban Renewal Area, and it is now necessary to fix a date of meeting of the City Council at which it is proposed to take action to enter into the Urban Renewal Loan Agreement and to give notice thereof as required by such law, in- cluding notice of the right to petition for an elec- tion on such proposal; NOW, THEREFORE, Be It Resolved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. This City Council shall meet on April 17, 2023, at the Historic Federal Building, 350 W. 61h St., Second Floor Council Cham- bers, Dubuque, Iowa, at 6:30 o'clock p.m., at which time and place a hearing will be held and proceedings will be instituted, and action taken to enter into the Loan Agreements described in the preamble hereof. Section 2. The City Clerk is hereby directed to give notice of the proposed action on the Fire Protection Facilities Loan Agreement setting forth the amount and purpose thereof, the time when and place where the said meeting will be held by publication at least once, not less than ten (10) and not more than twenty (20) days before the date of said meeting, in a legal newspaper which has a general circulation in the City. The notice shall be in substantially the [provided] form: Section 3. The City Clerk is hereby directed to give notice of the proposed action on the Parking Ramp Facilities Loan Agreement set- ting forth the amount and purpose thereof, the time when and place where the said meeting will be held by publication at least once, not less than ten (10) and not more than twenty (20) days before the date of said meeting, in a legal newspaper which has a general circula- tion in the City. The notice shall be in substan- tially the [provided] form: Section 4. The City Clerk is hereby directed to give notice of the proposed action on the Five Flags Arena Loan Agreement setting forth the amount and purpose thereof, the time when and place where the said meeting will be held by publication at least once, not less than ten (10) and not more than twenty (20) days before the date of said meeting, in a legal newspaper which has a general circulation in the City. The notice shall be in substantially the [provided] form: Section 5. The City Clerk is hereby directed to give notice of the proposed action on the Ur- ban Renewal Loan Agreement setting forth the amount and purpose thereof, the time when and place where the said meeting will be held by publication at least once, not less than ten (10) and not more than twenty (20) days before the date of said meeting, in a legal newspaper which has a general circulation in the City. The notice shall be in substantially the [provided] form: Section 6. All resolutions or parts of resolu- tions in conflict herewith are hereby repealed to the extent of such conflict. Section 7. This resolution shall be in full force and effect immediately upon its adoption and approval, as provided by law. Passed and approved April 3, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breiffelder, City Clerk 2. Set Public Hearing for Sale of City - Owned Property at 2407 Queen Street: Upon motion the documents were received and filed and Resolution No. 92-23 Intent to dispose of an interest in City of Dubuque Real Estate to Melissa Sarazin, setting a time and place for hearing, and providing for the publication of no- tice thereof was adopted setting a public hear- ing for a meeting to commence at 6:30 p.m. on April 17, 2023 in the Historic Federal Building. RESOLUTION NO. 92-23 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE TO MELISSA SARAZIN, SETTING A TIME AND PLACE FOR HEARING, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Page 951 of 2498 Book 153 Regular Session, April 3, 2023 136 Whereas, the City of Dubuque, Iowa (City) owns 2407 Queen Street (the Property) legally described as: Lot 2 of Lot 70 in Plat of Lots 70, 71 and 72 Additional to Stafford's Addition; and Lot 1 of the Subdivision of Lot 69 in Staf- ford's Addition, being Mineral Lot 321 in the City of Dubuque, Iowa, according to the recorded plat thereof; and Whereas, the City acquired the property through purchase from the previous owner with the intent of rehabilitation with CDBG Pur- chase/Rehab/Resale; and Whereas, it is the recommendation of the Housing and Community Development Depart- ment to approve the purchase agreement for the sale to Melissa Sarazin according to the terms and conditions set out in the purchase agreement 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 City of Dubuque, Iowa, proposes to approve the purchase agreement of the above -described real estate to Melissa Sarazin. Section 2. That the City Council shall con- duct a public hearing on the proposed pur- chase agreement in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa on the 17th day of April 2023, beginning at 6:30 PM. Section 3. That the City Clerk be and is hereby authorized and directed to publish no- tice of the public hearing in the form [provided] hereto, according to law. Passed, approved, and adopted this 3rd day of April 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Resolution of Necessity for the Proposed Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal Dis- trict, Version 2023.2: Upon motion the docu- ments were received and filed and Resolution No. 93-23 Authorizing and directing the City Manager to prepare an Amended and Restated Urban Renewal Plan, Version 2023.2 for the Greater Downtown Urban Renewal District and setting the date for a public hearing and con- sultation on the proposed Amended and Re- stated Urban Renewal Plan, Version 2023.2 for said district was adopted setting a public hear- ing for a meeting to commence at 6:30 p.m. on May 1, 2023 in the Historic Federal Building. RESOLUTION NO. 93-23 AUTHORIZING AND DIRECTING THE CITY MANAGER TO PREPARE AN AMENDED AND RESTATED URBAN RENEWAL PLAN, VERSION 2023.2 FOR THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT AND SETTING THE DATE FOR A PUBLIC HEARING AND CONSULTATION ON THE PROPOSED AMENDED AND RESTATED URBAN RENEWAL PLAN, VERSION 2023.2 FOR SAID DISTRICT Whereas, the City Council of the City of Dubuque has heretofore approved the Amended and Restated Urban Renewal Plan (the "Plan" of "Urban Renewal Plan") for the Greater Downtown Urban Renewal District (the "District") in order to provide redevelopment opportunities which will further the purposes and objectives of the Urban Renewal Plan; and Whereas, City staff has recommended that the Urban Renewal Plan be further amended and restated to add a project to the public pur- pose activities in the District specifically, Five Flags Center Building Improvements; and Whereas, Iowa Code Chapter 403 requires that before an Urban Renewal Plan may be modified, the City Council must follow the noti- fication, consultation, and public hearing pro- cess set forth herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager is author- ized and directed to prepare an Amended and Restated Urban Renewal Plan, Version 2023.2 for the Greater Downtown Urban Renewal Dis- trict to accomplish the foregoing purposes and objectives, to include in such Amended and Restated Urban Renewal Plan, Version 2023.2 any appropriate project activities and details, to determine an appropriate date for and conduct the consultation process required by law with affected taxing entities concerning the pro- posed Amended and Restated Plan, Version 2023.2. Section 2. That the City Clerk is directed to publish notice of a public hearing on the adop- tion of an Amended and Restated Urban Re- newal Plan, Version 2023.2 for the Greater Downtown Urban Renewal District to be held on the 1 st day of May, 2023, at 6:30 p.m. in the form [provided] hereto. The notice of said hear- ing shall generally identify the areas covered by the proposed Amended and Restated Urban Renewal Plan, Version 2023.2 and the general scope of the urban renewal activities planned for such areas and said notice shall be pub- lished in a newspaper having general circula- tion within the City not less than four days nor more than twenty days before the date of said meeting. A copy of the notice of the public hear- ing shall be sent by ordinary mail to the affected taxing entities. Section 3. That the Economic Development Director is directed to send by ordinary mail a copy of the proposed Amended and Restated Urban Renewal Plan, Version 2023.2, the no- tice of public hearing, a notice of consultation, Page 952 of 2498 Book 153 Regular Session, April 3, 2023 137 and, to the extent the Amended and Restated Urban Renewal Plan, Version 2023.2 includes the use of tax increment revenues for a public building, an analysis of alternative develop- ment and funding options for such public build- ings, to the Dubuque Community School Dis- trict Board of Education and Dubuque County Board of Supervisors, as the affected taxing entities. Passed, approved, and adopted this 3rd day of April, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk BOARDS/COMMISSIONS Boards and Commission Applicant Review: Applications were reviewed for the following Boards and Commissions. Applicants were in- vited to address the City Council regarding their desire to serve on the following Boards/Commissions. 1. Equity and Human Rights Commission: Three, 3-Year terms through January 1, 2026 (Expired terms of Dixon, Durnin, and Kurczek); One, 3-Year term through January 1, 2024 (Va- cant term of Branch). Applicants: Pamela Birch, 1550 Butterfields Dr.; Jake Kurczek, 1110 Victoria PI.; Kristen Leffler, 159 Julien Dubuque Dr.; Lauren Link, 535 West 5'h St.; Candace Raymond, 1155 Tressa St.; Enoc Sanchez, 2130 Morningview Rd.; Theresa Sampson Browm, 2285 Clydesdale Crt.; Nina Streauslin, 3904 Cora Dr. This commission is subject to the State of Iowa Gender Balance Law, §69.16A. 9 Commissioners total; cur- rently 1 male/3 females/ 5 openings. *Open- ings were advertised for 90 days while non -fe- male identifying applicants were sought in ad- herence with Iowa Code 69.16A Gender Bal- ance. *One additional 3-Year term through January 1, 2024 (Vacant term of Evans) will be presented for applicant review at the May 1, 2023 City Council meeting. This term is being advertised for 90 days while non -female identi- fying applicants are sought in adherence with Iowa Code 69.16A Gender Balance. City Clerk Breitfelder announced that Equity and Human Rights Commission Chairperson Carla Ander- son, 1131 Main St. Apt. 1, submitted written in- put in support of Mr. Sanchez's application. 2. Park and Recreation Advisory Commis- sion: One, 3-Year term through June 30, 2025 (Vacant term of Wood). Applicants: Shirley Snow, 779 University Ave.; Jason Henkel, 1888 Saint Joseph St. PUBLIC HEARINGS 1. Submission of Annual Public Housing Agency (PHA) Plan — Federal Fiscal Year 2023 (PHA Fiscal Year 2024) Annual Plan: Motion by Resnick to receive and file the documents and adopt Resolution No. 94-23 Authorizing the Mayor to execute the Certification by State or Local Office of Public Housing Agency (PHA) Plan's Consistency with the Consoli- dated Plan and approval of the PHA Fiscal Year 2024 Annual Plan. Seconded by Rous- sell. Anthony Allen, Dubuque NAACP Presi- dent; and R.R.S. Stewart, 460 Summit St. and 741 W. 3rd St., Dubuque NAACP Treasurer, spoke in opposition to the proposed plan, ref- erencing the United States Department of Housing and Urban Development's (HUD) past conclusion that the city's previous policy on granting preference for housing choice vouch- ers (HCVs) to local residents was discrimina- tory. Tom LoGuidice, 786 Stoneridge PI., ex- pressed concerns that low-income residents cannot find quality housing and provided infor- mation on subsidized housing under Section 42. Responding to a question from the City Council, Housing and Community Develop- ment Director Alexis Steger stated that the city added 110 affordable housing units last year. Ms. Steger stated that the city has not yet im- plemented residency preference for HCVs and that the department has ongoing conversations with HUD regarding the proposed residency preference. City Manager Van Milligen stated that HUD authorizes the city for over 1100 HCVs but only funds around 800, and that if the city does not use all of the allocated HCVs then the city may receive less funding the following year. City Manager Van Milligen also stated that HUD provided names of cities that cur- rently have residency preference provisions. City Attorney Brumwell referenced Code of Federal Regulations (CFR): 24 CFR 960.206, which states that residency requirements are prohibited but residency preferences are per- mitted. City Attorney Brumwell further stated that the plan is renewed on an annual basis and that the City Council has more control over the day-to-day operations of the administrative plan. Ms. Steger stated that the department will receive a Section 8 audit from HUD this June and will also receive eight hours of technical assistance on any topic of their choice, both of which will provide the department with key data and feedback for the plan. City Council mem- bers discussed the perceptions of residency preference and whether the plan should in- clude it. City Council members also discussed the need for affordable housing and the im- portance of maintaining their allocated federal funding for HCVs. Motion carried 5-2 with Res- nick and Wethal voting nay. RESOLUTION NO. 94-23 AUTHORIZING THE MAYOR TO EXECUTE THE CERTIFICATION BY STATE OR LOCAL OFFICE OF PUBLIC HOUSING AGENCY Page 953 of 2498 Book 153 Regular Session, April 3, 2023 138 (PHA) PLAN'S CONSISTENCY WITH THE CONSOLIDATED PLAN AND APPROVAL OF THE PHA FISCAL YEAR 2024 ANNUAL PLAN Whereas, the U.S. Department of Housing and Urban Development requires submission of the Public Housing Agency (PHA) Plan on an annual basis; and Whereas, the U.S. Department of Housing and Urban Development requires Certification of the PHA Plan's Consistency with the Con- solidated Plan; and Whereas, the Housing commission held a public meeting to review the Annual Plan on January 31, 2023; and Whereas, the Resident Advisory Board held a public meeting to review the Annual Plan on February 6, 2023; and Whereas, the City Council held a public hearing to receive comment on the proposed Public Housing Authority Fiscal Year 2024 An- nual Plan on April 3, 2023. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE IOWA: Section 1: That the Mayor is hereby author- ized and directed to certify the PHA Federal Fiscal Year 2023 Annual Plan's Consistency with the Consolidated Plan; and Section 2: That the Director of Housing and Community Development is hereby authorized to submit the PHA Annual Plan, and the Certi- fication as required by the U.S. Department of Housing and Urban Development. Passed, approved, and adopted this 3rd day of April, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Resolution of Approval for the Proposed Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal Dis- trict, Version 2023.1: Motion by Resnick to re- ceive and file the documents and adopt Reso- lution No. 95-23 Approving the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, Version 2023.1. Seconded by Farber. Motion carried 7- 0. RESOLUTION NO. 95-23 APPROVING THE AMENDED AND RE- STATED URBAN RENEWAL PLAN FOR THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT, VERSION 2023.1 Whereas, by Resolution 62-23 on March 6, 2023, the City Council of the City of Dubuque, Iowa authorized the preparation of an Amended and Restated Urban Renewal Plan (the "Amended and Restated Plan, Version 2023.1") for the Greater Downtown Urban Re- newal District (the "District"); and Whereas, the City of Dubuque's primary objective for the Amended and Restated Plan, Version 2023.1, is to provide opportunities which will further economic development pur- poses and objectives and remediate blighting conditions, and to address these objectives, additional projects are being added as de- scribed in the Amended and Restated Plan; and Whereas, a consultation process has been undertaken with affected taxing entities in ac- cordance with Chapter 403 of the Code of Iowa with no written objections or recommended changes to the Amended and Restated Plan, Version 2023.1, received; and Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public hearing on the proposed Amended and Restated Plan, Version 2023.1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Amended and Restated Urban Renewal Plan, Version 2023.1, for the Greater Downtown Urban Renewal District, on file in the City Clerk's Office and made refer- ence to herein, is hereby approved. Section 2. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and di- rected to file a certified copy of this Resolution in the office of the Dubuque County Auditor. Passed, approved, and adopted this 3rd day of April, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Public Hearing for Sale of City -Owned Property at 612 Lincoln Avenue: Motion by Sprank to receive and file the documents and adopt Resolution No. 96-23 Disposing of city interest in real property at 612 Lincoln, in the City of Dubuque, Iowa. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 96-23 DISPOSING OF CITY INTEREST IN REAL PROPERTY AT 612 LINCOLN, IN THE CITY OF DUBUQUE, IOWA Whereas, the City Council, by Resolution No. 71-23, dated March 20, 2023, declared its intent to dispose of City interest in real property located at 612 Lincoln Avenue (the Property) legally described as: Southwesterly Half of Lot 53 and Lot 1 of Lot 54 in Cook's Addition to the City of Dubuque, Iowa, according to the rec- orded plat thereof; and Whereas, pursuant to published notice, a public hearing was held on the proposed dis- position on April 3, 2023, at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council that approval of the purchase Page 954 of 2498 Book 153 Regular Session, April 3, 2023 139 agreement for the sale to Affordable Housing Network, Inc. according to the terms and con- ditions set out in the purchase 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. The purchase agreement by and between the City of Dubuque and Affordable Housing Network, Inc. for the sale of the Prop- erty, a copy [provided] hereto, is hereby author- ized to be executed by the Mayor. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute a Special Warranty Deed, conveying the City's interest in the Property to Affordable Housing Network, Inc. Section 3. That the City Clerk is hereby au- thorized and directed to cause said Special Warranty Deed to be delivered to the City At- torney's Office, together with a certified copy of the Resolution. Passed, approved, and adopted this 3rd day of April 2023. Brad M. Cavanagh, Mayor Attest Adrienne N. Breitfelder, City Clerk PUBLIC INPUT Jim Gantz, 12241 Forest Meadow Dr., spoke regarding his Union Park Place Town Apartments and Townhomes Development Plan that he submitted to the city and the pro- posed access to the property on the Northwest Arterial. I_[&I Is] ►KW41A&I 1. Subdivision Development Agreement for a Portion of Asbury Plaza Subdivision along Plaza Drive to be known as Asbury Plaza No. 22: Motion by Roussell to receive and file the documents and adopt Resolution No. 97-23 Approving a Subdivision Development Agree- ment for a portion of Asbury Plaza by and among the City of Dubuque, Iowa, Talon De- velopment, LLC, Eagle Construction, Inc., and Fox Hills Apartments, LLC. Seconded by Wethal. Motion carried 7-0. RESOLUTION NO. 97-23 APPROVING A SUBDIVISION DEVELOP- MENT AGREEMENT FOR A PORTION OF ASBURY PLAZA BY AND AMONG THE CITY OF DUBUQUE, IOWA, TALON DEVELOP- MENT, LLC, EAGLE CONSTRUCTION, INC., AND FOX HILLS APARTMENTS, LLC Whereas, the City of Dubuque is party to a Subdivision Development Agreement by and among the City of Dubuque, Iowa, an Iowa mu- nicipal corporation (City), Talon, LLC, a South Dakota Limited Liability Company, d/b/a Talon Development (as Developer), Eagle Construction, Inc., a South Dakota Corporation (as Contractor), and Fox Hills Apartments, LLC, a South Dakota Limited Liability Company (as Owner), dated March 30, 2023, for con- struction of public improvements and the dedi- cation of public street right of way and associ- ated easements over Lot 1 of Asbury Plaza No. 21, in the City of Dubuque, in conjunction with the Fox Hills residential subdivision project to be known as Asbury Plaza No. 22; and Whereas, the developer desires to con- struct and provide subdivision improvements including streets with longitudinal subdrains and concrete curb and gutter, a paved cul-de- sac, sanitary sewer mains, water mains, a storm water detention basin, storm sewers and catch basins, boulevard street lighting, fiber op- tic conduit and vaults, accessible sidewalk ramps, concrete sidewalks, and appropriate erosion control devices, to the site and will need to construct and carry out any other ac- tivities associated with the project in accord- ance with City plans and specifications; and Whereas, upon completion of the project, the developer wishes to dedicate the public Project improvements, street right of ways, storm water detention basin lot, and associated easements to the City; and Whereas, the City of Dubuque has re- viewed and approved the design and construc- tion plans, and has reviewed and approved the dedication of right of way and easement plats, for said public improvements as required by the Subdivision Development Agreement; and Whereas, Talon, LLC, a South Dakota Lim- ited Liability Company, d/b/a Talon Develop- ment (Developer), Eagle Construction, Inc., a South Dakota Corporation (Contractor), and Fox Hills Apartments, LLC, a South Dakota Limited Liability Company (Owner) have exe- cuted the Subdivision Development Agree- ment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Subdivision Development Agreement [provided] hereto is hereby ap- proved and the City Manager is authorized to execute said agreement on behalf of the City. Passed, approved, and adopted this 3rd day of April 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Work Session Request: Flock Safety Au- tomated License Plate Reader Presentation: Motion by Jones to receive and file the docu- ments and schedule the work session for 5:15 p.m. on Monday, May 15, 2023. Seconded by Resnick. No schedule conflicts were ex- pressed. Motion carried 7-0. Page 955 of 2498 Book 153 Regular Session, April 17, 2023 140 3. Rightsize Your Trash Cart Video: Motion by Roussell to receive and file the documents and view the video. Seconded by Farber. Me- dia Services showed a video on rightsizing your trash cart that was launched in advance of the citywide deployment of 35-gallon carts in early April. The video was produced by Media Services staff in the Public Information Office and can be viewed at: https://Voutu.be/- 8VuB3EIVGk. Motion carried 7-0. COUNCIL MEMBER REPORTS Mayor Cavanagh and Council Members Farber, Jones, and Wethal reported on the City Council's recent trip to Washington, D.C. to meet with federal legislators and agencies. Mayor Cavanagh and Council Member Jones also reported on the recent severe weather. Additionally, Council Member Jones reported on receiving a book on Ted Ellsworth from a group of residents advocating that Py- atigorsk Park be renamed in honor of Ted Ells- worth. Council Member Jones stated he was unable to accept the book due to the Gift Law provision of Iowa Code but has provided it to Carnegie -Stout Public Library for public view. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 8:20 p.m. to discuss Purchase or Sale of Real Estate — Chapter 21.5(1)(j) Code of Iowa. Seconded by Roussell. Mayor Cavanagh stated for the record that the attorney who will consult with the City Council on the issues to be discussed in the closed session is City At- torney Brumwell. Motion carried 7-0. The City Council reconvened in open ses- sion at 9:14 p.m. stating that staff had been given proper direction. There being no further business, Mayor Cavanagh declared the meeting adjourned at 9:14 p.m. /s/Adrienne N. Breitfelder, 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 April 17, 2023, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6'h Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attor- ney Brumwell. Mayor Cavanagh read the call and stated this is a regular session of the City Council called for the purpose of conducting such busi- ness that may properly come before the City Council. PLEDGE OF ALLEGIANCE PRESENTATION(S) 1. Presentation of the Iowa Park and Rec- reation Association Claude Ahrens Community Service Award to Park and Recreation Com- mission member Jennifer Tigges: Leisure Ser- vices Manager Marie Ware recognized Park and Recreation Commission member Jennifer Tigges for receiving the Iowa Park and Recre- ation Association Claude Ahrens Community Service Award. 2. COVID-19 Update: Public Health Direc- tor Mary Rose Corrigan and Public Information Officer Randy Gehl provided an after -action re- port on the COVID-19 pandemic and response activities. First report given on March 16, 2020, last report given on this day, April 17, 2023. City Council Members thanked city staff for their efforts throughout the pandemic. PROCLAMATION(S) 1. Arbor Day (April 28, 2023) was accepted by Tom Kramer on behalf of Dubuque Trees Forever. 2. No Mow May (May 2023) was accepted by Jennifer Agee and Jane Agee on behalf of No Mow May Dubuque. 3. Building Safety Month (May 2023) was accepted by Tom Townsend on behalf of the Housing and Community Development Depart- ment and the Building Code Advisory and Ap- peals Board. Page 956 of 2498 Book 153 Regular Session, April 17, 2023 141 CONSENT ITEMS City Manager Van Milligen requested Item No. 3 be removed from the meeting. Respond- ing to a question, City Attorney Brumwell stated that the item could be removed by City Council consensus. Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated except for Item No. 3. Seconded by Farber. Motion carried 7-0. 1. Minutes and Reports Submitted: Building Code Advisory and Appeals Board of 3/2/23; City Council Proceedings of 4/3/23; Resilient Community Advisory Commission of 4/6/23; Parks and Recreation Commission of 3/21/23; Zoning Board of Adjustment of 3/23/23; Zoning Advisory Commission of 04/05/23; Proof of Publication for City Council Proceedings of 3/20/23, 3/21/23, 3/22/23, and 3/23/23. Upon motion the documents were received and filed. 2. Approval of City Expenditures: Upon mo- tion the documents were received and filed, and Resolution No. 98-23 Authorizing the Chief Financial Officer/City Treasurer to make cer- tain payments of bills that must be paid and ap- proved for payment in accordance with City procedures was adopted. RESOLUTION NO. 98-23 AUTHORIZING THE CHIEF FINANCIAL OF- FICER / CITY TREASURER TO MAKE CER- TAIN 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 gen- erally accepted internal control procedures and have been determined to have been requisi- tioned for a lawful municipal purpose; and Whereas, the Chief Financial Officer -City Treasurer has provided a list of Expenditures [provided] 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 Fi- nancial Officer -City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is [provided] 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 pay- ment 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 ac- cordance with approved budget appropria- tions. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Chief Fi- nancial Officer are hereby authorized and di- rected to provide the statement of receipts and disbursements to the City Council, and to pub- lish a summary thereof. Passed, approved, and adopted this 171h day of April, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Sustainable Dubuque Grant Recommen- dations: This item was removed from the meet- ing. 4. Recommendation to Reallocate National Endowment of the Arts American Rescue Plan Act Funds from Underutilized Budgeted Line Items to Supplement the Creative Empower- ment Subgrant Program: Upon motion the doc- uments were received, filed, and approved. 5. National League of Cities City Inclusive Entrepreneurship $15,000 Implementation Grant Award Update: Upon motion the docu- ments were received and filed. 6. 2021 Traffic Deaths Article: Upon motion the documents were received and filed. 7. Approval of Preconstruction Agreement for South Grandview US 61-151 Bridge Re- placement: Upon motion the documents were received and filed, and Resolution No. 106-23 Approving a Preconstruction Agreement (No. 2023-12-047) with the Iowa Department of Transportation for the South Grandview Bridge Over US Highway 61-151 Bridge Replacement Project was adopted. RESOLUTION NO. 106-23 APPROVING A PRECONSTRUCTION AGREEMENT (NO. 2023-12-047) WITH THE IOWA DEPARTMENT OF TRANSPORTA- TION FOR THE SOUTH GRANDVIEW BRIDGE OVER US HIGHWAY 61-151 BRIDGE REPLACEMENT PROJECT Whereas, the Iowa Department of Trans- portation is proceeding with a project to com- pletely reconstruct the bridge which carries South Grandview Avenue over US Highway 61-151; and Whereas, as part of the bridge replacement Page 957 of 2498 Book 153 Regular Session, April 17, 2023 142 project, both the east and west sides of the bridge are under the jurisdiction of the City, and those South Grandview pavement segments will be reconstructed as part of the project; and Whereas, upon completion of construction, the City agrees to accept ownership, retain ju- risdiction, and assume responsibility for all fu- ture maintenance operations associated with the segments of South Grandview that are re- constructed, all at no additional expense or ob- ligation to the Iowa DOT. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That said Preconstruction Agreement with the Iowa Department of Trans- portation for the South Grandview Bridge over US Highway 61-151 Bridge Replacement Pro- ject is hereby approved. Section 2. That the Mayor be authorized and directed to execute said Preconstruction Agreement with the Iowa Department of Trans- portation for the South Grandview Bridge over US Highway 61-151 Bridge Replacement Pro- ject. Passed, approved, and adopted this 17tn day of April 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 8. Acceptance of North Cascade Road Re- construction Project: Upon motion the docu- ments were received and filed, and Resolution No. 107-23 Accepting the North Cascade Road Reconstruction Project, Phase 1 from the bridge over Catfish Creek to Edval Lane, Iowa DOT Project No. STBG-SWAP-2100 (669)-- SG-31 and authorizing the final payment to the contractor was adopted. RESOLUTION NO. 107-23 ACCEPTING THE NORTH CASCADE ROAD RECONSTRUCTION PROJECT, PHASE 1 FROM THE BRIDGE OVER CATFISH CREEK TO EDVAL LANE, IOWA DOT PROJECT NO. STBG-SWAP-2100 (669)--SG-31 AND AU- THORIZING THE FINAL PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the North Cascade Road Reconstruction Project, Phase 1 from the bridge over Catfish Creek to Edval Lane, Iowa DOT Project No. STBG-SWAP-2100 (669)--SG-31 (the Project) has been completed by the Contractor, Top Grade Excavating, Inc. (Contractor), and the City Engineer has examined the work and signed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be ac- cepted; and Whereas, the final contract amount for the Project is $1,617,366.68; and Whereas, the Contractor has previously been paid $1,588,648.95, leaving a balance of $28,717.73; 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 Director of Finance and Budget is hereby directed to pay the balance of the retainage of $28,717.73 as provided in Iowa Code chapter 573, and to pay such re- tainage in accordance with the provisions of Iowa Code chapter 573 or Iowa chapter 26.13. Passed, approved, and adopted the 17tn day of April 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 9. Approval of Plat of Survey Lot 1 & Lot 2 of Boys and Girls Club Place, 1299 Locust Street, and 1257 Locust Street: Upon motion the documents were received and filed, and Resolution No. 108-23 Approving the Plat of Survey of: Lot 1 & Lot 2 of Boys and Girls Club Place in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 108-23 APPROVING THE PLAT OF SURVEY OF: LOT 1 & LOT 2 OF BOYS AND GIRLS CLUB PLACE IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Plat of Survey: Lot 1 & Lot 2 of Boys and Girls Club Place in the City of Dubuque, Iowa; and Whereas, the Simple Subdivision has been examined by the Zoning Advisory Commission and its approval has been endorsed thereon; and Whereas, said Simple Subdivision Plat has been examined by the City Council and they find that it conforms to the statues and ordi- nances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That Section 11-7 B (3) of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, allows the Zoning Advisory Commission and City Council to waive bulk regulations for simple subdivisions. Section 2. That the Zoning Advisory Com- mission is recommending approval to allow a 0' side yard setback and waive the minimum 3' required side yard setback in an OR -Office Residential zoning district. Section 3. That the Plat of Survey of Lot 1 & Lot 2 of Boys and Girls Club Place in the City Page 958 of 2498 Book 153 Regular Session, April 17, 2023 143 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 17th day of April 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 10. Approval of Final Plat of Valentine Place No. 4: Upon motion the documents were received and filed, and Resolution No. 109-23 Approving the Final Plat of Valentine Place No. 4, in the City of Dubuque and in Dubuque County, Iowa was adopted. RESOLUTION NO. 109-23 APPROVING THE FINAL PLAT OF VALEN- TINE PLACE NO. 4, IN THE CITY OF DUBU- QUE & IN DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Valentine Place No. 4 in the City of Dubuque & in Dubuque County, Iowa that is within the City's 2-mile extraterrito- rial jurisdiction and a portion that is located within the City of Dubuque; and Whereas, said Final Plat has been exam- ined by the Zoning Advisory Commission and its approval has been endorsed thereon; and Whereas, said Final Plat has been exam- ined by the City Council and they find that it conforms to the statues and ordinances relat- ing thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the Final Plat of Valentine Place No. 4, in the City of Dubuque & in Dubu- que County, 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 Final Plat. Passed, approved, and adopted this 17th day of April 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 11. Pre -Annexation Agreement - 10400 Timothy Street, Dubuque County with Gary F., and Ann M. Kluesner: Upon motion the docu- ments were received and filed, and Resolution No. 110-23 Approving a Pre -Annexation Agreement between the City of Dubuque and Gary F. and Ann M. Kluesner was adopted. RESOLUTION NO. 110-23 APPROVING A PRE -ANNEXATION AGREE- MENT BETWEEN THE CITY OF DUBUQUE, IOWA AND GARY F. AND ANN M. KLUES- NER Whereas, Gary F. and Ann M. Kluesner, the owner of the following described property located at 10400 Timothy Street in Dubuque County, Iowa (the Property) have submitted to the City Council of the city of Dubuque an ap- plication for voluntary annexation of the Prop- erty to the City of Dubuque: Lot 3, in "Twin Ridge Subdivision No. 2", in Table Mound Township, Dubuque County, Iowa, According to the Plat Rec- orded as Instrument No. 7519-75, Rec- ords of Dubuque County, Iowa. Subject to Easements and Agreements of Record, Together With a Non -Exclusive Ease- ment for Ingress and Egress Over and Across all Roadways Platted in Twin Ridge Subdivision and Twin Ridge Subdi- vision No. 2 in Table Mound Township, Dubuque County, Iowa. Whereas, Gary F. and Ann M. Kluesner have entered into a Pre -annexation Agreement with the City of Dubuque, a copy of which is [provided] hereto governing the future annexa- tion 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 author- izes the voluntary annexation of property in Dubuque 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 or- derly growth and development of the City of Dubuque, and will promote efficient and cost- effective extension of municipal services; and Whereas, the City Council finds that the an- nexation 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 and between Gary F. and Ann M. Kluesner and the City of Dubuque is hereby approved. Passed, approved, and adopted this 17th day of April 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 12. Signed Contracts for 812 Garfield and 514 Angella Projects: Upon motion the docu- ments were received, filed, and approved. 13. Signed Contract(s): Upon motion the documents were received and filed. 14. First Amendment to Development Agreement by and between the City of Dubu- que, Iowa and Switch Development, LLC.: Upon motion the documents were received and filed, and Resolution No. 111-23 Approving the First Amendment to Development Agreement by and between the City of Dubuque, Iowa and Switch Development, LLC was adopted. Page 959 of 2498 Book 153 Regular Session, April 17, 2023 144 RESOLUTION NO. 111-23 APPROVING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BE- TWEEN THE CITY OF DUBUQUE, IOWA AND SWITCH DEVELOPMENT, LLC Whereas, City and Developer entered into that certain Development Agreement dated February 7, 2023 (Agreement) with respect to the matters specified therein; and Whereas, City and Developer desire to amend the Agreement as set forth in the [pro- vided] First Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The First Amendment to Devel- opment Agreement is hereby approved. Section 2. The Mayor and City Clerk are hereby authorized and directed to sign the First Amendment on behalf of the City of Dubuque. Passed, approved, and adopted this 17th day of April, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 15. Approval of Retail Alcohol Licenses: Upon motion the documents were received and filed, and Resolution No. 112-23 Approving ap- plications for retail alcohol licenses, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 112-23 APPROVING APPLICATIONS FOR RETAIL ALCOHOL LICENSES, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDI- NANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CON- TROL, ARTICLE B LIQUOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for retail alcohol li- censes have been submitted and filed with the City Council for approval, and the same have been examined, provisionally approved, and/or approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City, and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Clerk is hereby author- ized and directed to cause to be issued at the noted premise address to the following appli- cants pending submission of the locally re- quired documentation: Renewals Catfish Charlie's, 1630 East 16th St. Frannie's BBQ, LLC, 1850 Central Ave. Gino's East of Dubuque, 333 East 10th St., Suite 110 Ichiban Hibachi Steakhouse and Sushi Bar, 3187 University Ave. L. May Eatery, 1072 Main St. Marco's Italian American Foods, 2022 Cen- tral Ave. Paro Food Mart, 3200 Central Ave. Shot Tower Inn, 390 Locust St. Stone Cliff Winery, Inc., 600 Star Brewery Dr., Suite 100 Special Event(s) per Special Event Application Submittal Carlos O'Kelly's Mexican Cafe 5-2-23 to 5-6- 23, Parking Lot at 1355 Associates Dr. Dubuque Jaycees 5-7-23 to 5-11-23, 7th & Jackson to 9th and Jackson + East 8th St. to Elm St. Q Casino and Hotel 5-24-23 to 5-28-23, Back Parking Lot at 1855 Greyhound Park Rd. Passed, approved, and adopted this 17th day of April 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 16. Resolution Approving the Consent to Assignment and Assumption Agreement Be- tween the Hotel Dubuque L.L.C., and Novelty Iron Landlord, LLC and Approving the Eight Amendment to Development Agreement Be- tween and among the City of Dubuque, Iowa, The Hotel Dubuque L.L.C., and Novelty Iron Landlord, LLC: Upon motion the documents were received and filed, and Resolution No. 113-23 Approving the Consent to Assignment and Assumption Agreement between the Hotel Dubuque L.L.C., and Novelty Iron Landlord LLC and approving the Eighth Amendment to Development Agreement between and among the City of Dubuque, Iowa, the Hotel Dubuque L.L.C., and Novelty Iron Landlord LLC was adopted. RESOLUTION NO. 113-23 APPROVING THE CONSENT TO ASSIGN- MENT AND ASSUMPTION AGREEMENT BETWEEN THE HOTEL DUBUQUE L.L.C., AND NOVELTY IRON LANDLORD LLC AND APPROVING THE EIGHTH AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN AND AMONG THE CITY OF DUBUQUE, IOWA, THE HOTEL DUBUQUE L.L.C., AND NOVELTY IRON LANDLORD LLC Whereas, the City of Dubuque, Iowa and Warehouse Trust, LLC, entered into a Devel- opment Agreement, dated for reference pur- poses the 17th day of June 2013, as amended, which Development Agreement was subse- quently assigned by Warehouse Trust, LLC to Novelty Landlord LLC with the consent of the Page 960 of 2498 Book 153 Regular Session, April 17, 2023 145 City; and Whereas, there have been seven prior amendments to the Development Agreement, namely: First Amendment, dated the 21 st day of August 2013; Second Amendment, dated the 6th day of January, 2014; Third Amend- ment. Dated the 16th day of March, 2015; Fourth Amendment, dated the 21 st day of De- cember, 2015; Fifth Amendment, dated the 19th day of June, 2017; Sixth Amendment, dated the 41h day of October, 2022 and a Seventh Amendment, dated the 3rd of January, 2023; and Whereas, the Development Agreement pertains to Property now comprised of Condo- minium Units and legally described as follows: Unit 1, Unit 2, and Unit 3 of Novelty Iron Works Condominiums located on Lot 1 of Lot 1 of Center City Place #2, in the City of Dubuque, Iowa, according to Declara- tion of Submission to Horizontal Property Regime, Instrument #2014-2934 and the recorded Plat thereof (hereinafter "Unit 1", "Unit 2", and "Unit 3", and together with all corresponding common areas, collectively, the "Property'; and Whereas, Novelty Landlord LLC and The Hotel Dubuque L.L.C. previously entered an Assignment and Assumption of Contract Rights and Obligations, dated as of September 15, 2022 and consented to by the City on Sep- tember 20, 2022, pursuant to which Novelty Landlord LLC agreed to assign the Develop- ment Agreement to The Hotel Dubuque L.L.C. (the "Contemplated Prior Assignment"), contin- gent and effective upon closing under a Pur- chase and Sale Agreement whereby The Hotel Dubuque L.L.C. would acquire the entire Prop- erty from Novelty Landlord LLC (the "Prior Pur- chase Agreement"); and Whereas, closing under the Prior Purchase Agreement has not occurred and, accordingly, the Contemplated Prior Assignment has not been consummated; and Whereas, the Sixth Amendment and Sev- enth Amendment anticipated the Contem- plated Prior Assignment, and the effect of such amendments was necessarily dependent upon consummation of the Contemplated Prior Pur- chase Agreement; and Whereas, Novelty Landlord LLC and The Hotel Dubuque L.L.C. have Amended and Re- stated the Prior Purchase Agreement to pro- vide for The Hotel Dubuque L.L.C. acquisition of Unit 3 from Novelty Landlord LLC (the "Unit 3 Acquisition"); and Whereas, concurrent with this Amendment, the parties are rescinding the Contemplated Prior Assignment Agreement and entering the Partial Assignment and Assumption of Con- tract Rights and Obligations [provided] hereto as Exhibit A, subject to City's consent thereto, in order to provide for partial assignment of the Development Agreement pertaining to Unit 3, upon the Unit 3 Acquisition; and Whereas, as further set forth in the Eighth Amendment to Development Agreement, the parties also desire to amend the Development Agreement to (a) clarify the rights and obliga- tions of the parties following the [provided] Par- tial Assignment and Assumption of Contract Rights and Obligations, and (b) to explicitly re- scind the Sixth Amendment and the Seventh Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The City consents to the [pro- vided] Assignment and Assumption of Contract Rights and Obligations. Section 2. The City approves the [provided] Eighth Amendment to Development Agree- ment. Section 3. The Mayor and City Clerk are hereby authorized and directed to execute the Consent to Assignment and Assumption of Contract Rights and Obligations and the Eighth Amendment to Development Agreement. Passed, approved, and adopted this 17th day of April, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 17. Final Plat of Asbury Plaza No. 22: Upon motion the documents were received and filed, and Resolution No. 114-23 Authorizing ap- proval of the Final Plat of Asbury Plaza No. 22, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 114-23 AUTHORIZING APPROVAL OF THE FINAL PLAT OF ASBURY PLAZA NO. 22, IN THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque, Iowa, an Iowa municipal corporation, Talon, LLC, a South Dakota Limited Liability Company, d/b/a Talon Development, Eagle Construction, Inc., a South Dakota Corporation, and Fox Hills Apartments, LLC, a South Dakota Limited Lia- bility Company have entered into a Subdivision Development Agreement For Fox Hills Subdi- vision to be known as Asbury Plaza No. 22 (Talon, LLC, Eagle Construction, Inc., and Fox Hills Apartments, LLC are collectively referred to herein as the Project Team); and Whereas, Blue Sky, Inc., Roger Cherland and Cheryl Cherland, and Fox Hills Apart- ments, LLC (collectively referred to herein as the Owner) are the owners of the property le- gally described as Lot 1 and Lot 2 of Asbury Plaza No. 21, which is being subdivided and is to be known as Asbury Plaza No. 22; and Whereas, there has been filed with the City Clerk a Final Plat of Asbury Plaza No. 22, in the City of Dubuque, Iowa; and Whereas, upon said final plat appear public Page 961 of 2498 Book 153 Regular Session, April 17, 2023 146 streets to be known Plaza Drive, Plaza Court, broken curb and gutter, and temporary and North Plaza Loop (all in Lot A), which the cul-de-sac to receive bituminous with - Owner by said final plat has dedicated to the out curb and gutter, all in accordance public forever; and with the City's standard specifications in Whereas, upon said final plat appear cer- a manner acceptable to the City Engi- tain public utility, storm drainage, and emer- neer, in conformance with construction gency services access easements, which the improvement plans approved by the Owner by said final plat has dedicated to the City Engineer, and inspected and ap- public forever; and proved by the City Engineer Whereas, upon said final plat appears Lot b. Where not currently installed, to install B (for Storm Water Detention), and certain wa- sanitary sewer mains and sewer ser- ter main, sanitary sewer, storm sewer, street vice laterals into each individual lot, wa- and utility, and temporary cul-de-sac ease- ter mains and water service laterals into ments, which the Owner by said final plat has each individual lot, storm water deten- dedicated to the City of Dubuque forever; and tion basins, storm sewers and catch ba- Whereas, said final plat has been reviewed sins, boulevard street lighting, fiber op - by the City Planner and his approval has been tic conduit and vaults, and erosion con - endorsed thereon, subject to the Project Team trol devices all in accordance with the and Owner agreeing to the conditions specified City of Dubuque standard specifications herein; and in a manner acceptable to the City En - Whereas, said final plat has been exam- gineer, and in accordance with con- ined by the City Council and the City Council struction improvement plans approved find the final plat conforms to the applicable by the City Engineer, and inspected and statutes and ordinances, except that streets approved by the City Engineer. and public utilities have not yet been com- c. To construct accessible sidewalk pletely constructed or installed. ramps at each intersection and street NOW THEREFORE, BE IT RESOLVED BY crossings in accordance with City of THE CITY COUNCIL OF THE CITY OF DUBU- Dubuque Standards and Specifications, QUE, IOWA: all in a manner acceptable to the City Section 1. That the dedication of Plaza Engineer, and in accordance with the Drive, Plaza Court, and North Plaza Loop (all construction improvement plans ap- in Lot A), and Lot B (Storm Water Detention proved by the City Engineer and in - Basin), together with certain water main, sani- spected and approved by the City Engi- tary sewer, storm sewer, street and utility, and neer. temporary cul-de-sac easements, as they ap- d. To construct accessible concrete side - pear on said final plat, to the City of Dubuque walk across Lot B of Asbury Plaza No. be and the same are hereby accepted; and 22 along the frontage of Plaza Drive in Section 2. That the Final Plat of Asbury accordance with the City's standards Plaza No. 22 is hereby approved, and the and specifications, all in a manner ac- Mayor and City Clerk are hereby authorized ceptable to the City Engineer, and in ac- and directed to endorse the approval of the City cordance with the construction im- of Dubuque, Iowa, upon said final plat, pro- provement plans approved by the City vided the Project Team herein named, execute Engineer after 80% of the buildings re - their written acceptance of the [provided] con- lated to the Project receive a certificate ditions, and further agree: of occupancy. a. To reduce the unimproved portions of e. The Project Team, at its sole cost, will Plaza Drive, Plaza Court, and North be responsible for bringing all existing Plaza Loop (all in Lot A) to grade and to public improvements that did not pass construct longitudinal sub -drain, con- inspection, were defective, or were in crete curb and gutter with asphaltic con- need of repair, as detailed in section 1.5 crete pavement or with Portland Ce- of the Subdivision Development Agree- ment concrete pavement with integral ment For Fox Hills Subdivision, ap- curb, and temporary cul-de-sacs, all in proved per City Resolution No. 97-23, accordance with the City of Dubuque at the City's sole discretion, up to City standard specifications in a manner ac- standards before acceptance by the ceptable to the City Engineer, in con- City. formance with construction improve- f. To construct the improvements outlined ment plans approved by the City Engi- in (a), (b), (c), (d) and (e), above within neer, and inspected and approved by two (2) years from the date of ac- the City Engineer. The existing portions ceptance of this resolution, at the sole of Plaza Drive, Plaza Court, and North expense of the Project Team, or future Plaza Loop shall receive the final lift of owner. Notwithstanding the foregoing, if Bituminous pavement with repair of the completion of the improvements set Page 962 of 2498 Book 153 Regular Session, April 17, 2023 147 forth above is delayed due to any Force Majeure conditions, or by any other like event or condition beyond the reasona- ble control of the Project Team, and the Project Team provides written notice of such Force Majeure event within ninety (90) days of the end of the two (2) year period described in this clause, then the City shall toll the obligations of the De- velopment Agreement on a day -for -day basis for the period of delay or suspen- sion. For purposes of this provision, "Force Majeure" shall mean any delay caused by damage or destruction by fire or other casualty, or by reason of Acts of God, strikes, lockouts, unavaila- bility of materials, failure of power, pro- hibitive governmental laws or regula- tions (beyond the control of the City), war, riots, insurrections, epidemics or pandemics that trigger the issuance of a gubernatorial disaster declaration by the Governor of the State of Iowa, the act or failure to act of the other party, adverse weather conditions preventing the performance of work, or other rea- son beyond such party's control, and in such case, the time for performance of such act shall be extended for a period equivalent to the period of such delay. g. To maintain the improvements outlined in (a), (b), (c), and (d) above for a period of two (2) years from the date of the ac- ceptance of those improvements by the City Council of the City of Dubuque, Iowa, at the sole final expense of the Project Team, or future owner. h. To provide security for the performance of the foregoing conditions specified in this Section, in an amount of 110% of the estimated costs of the improve- ments outlined in (a), (b), (c), and (d) above, in such form and with such sure- ties as per the Subdivision Develop- ment Agreement For Fox Hills Subdivi- sion, approved per City Resolution No. 97-23, and as may be acceptable to the City Manager of the City of Dubuque, Iowa. Section 3. That sidewalk installation shall be the responsibility of each lot owner for each lot abutting the public rights -of -way, including lots with multiple frontages, as required by City Code Chapter 10-1-2 (Sidewalk Installation and Repair). Section 4. That the Project Team must con- struct and maintain erosion and sediment con- trol devices on the Site which minimize erosion and prevent sediment from leaving the Site. The Project Team shall also be responsible for maintenance of the detention facility in Lot B of Asbury Plaza No. 22 until 80% of the lots in the Site area, which drain into said detention facility, have been fully developed and ade- quate erosion control measures, as approved by the City Engineer, have been installed on the remaining 20% of said lots. Maintenance of the detention facility and Lot B of Asbury Plaza No. 22 shall include general property mainte- nance, removal of sediment and other debris caused by construction activities on the Site and reshaping and reseeding of disturbed ar- eas. After said 80% lots on the Site are devel- oped and the detention facility is found to be in general conformance with the improvement plans, inspection, administration, and mainte- nance expenses incurred by the City for the storm water detention facility on Lot B of As- bury Plaza No. 22 shall be assessed against the benefiting property owners, except the City, in Fox Hills Addition, as indicated on the pre- liminary plats thereof, in equal amounts. The City Manager shall certify such costs to the City Clerk, who in turn shall promptly certify such costs to the Dubuque County Treasurer, and such costs shall then be collected with and in the same manner as general property taxes in accordance with provisions of law. Section 5. That the Project Team must maintain the temporary cul-de-sacs on of Plaza Drive, Plaza Court, and North Plaza Loop, ex- cept for snow removal and deicing, until such time as the development of the adjacent prop- erty begins or Project Team designs and con- structs permanent cul-de-sac improvements to current City Standards and dedicates said im- provements and an appropriate right of way to the City. Section 6. The Project Team shall design, construct, and maintain a privately owned re- dundant water main loop and a second- ary/emergency access roadway, and grant ap- propriate associated easements, all per Sec- tions 1.7 and 1.8 of the Subdivision Develop- ment Agreement For Fox Hills Subdivision, ap- proved per City Resolution No. 97-23. Section 7. Previously Installed Public Im- provements. The Project Team shall be re- sponsible for meeting all requirements (includ- ing repairs and maintenance) for any existing improvements installed prior to the date of this resolution that are to be dedicated to the City for ownership and maintenance. This responsi- bility, which is guaranteed by the Project Team, shall continue from the date of this Subdivision Development Agreement For Fox Hills Subdi- vision, approved per City Resolution No. 97-23, until the last certificate of occupancy is issued for the Project. City reserves the right to add any testing requirements for acceptance of im- provements as it deems reasonably necessary. All reporting, documentation, and testing re- quirements will be to the exclusive and reason- able satisfaction of City. Notwithstanding the foregoing, the City shall not require any repairs, improvements, or replacements for any Page 963 of 2498 Book 153 Regular Session, April 17, 2023 148 existing improvements which: (a) were previ- ously approved by the City and are in good working order; and (b) are not reasonably re- quired for the overall operation of the system for which such improvement is a part. Section 8. The Project Team and/or the Project's contractor will not be responsible for or warranty trees or other plant materials se- lected or planted by others. Notwithstanding the foregoing, the planting of street trees shall be coordinated with the City's Urban Forester. The tree(s) will be planted by the Project Team. Any tree(s) planted within the street right-of- way (including location and species) must be approved by the City's Urban Forester. Section 9. That the final acceptance of the public improvements shall only occur upon cer- tification of the City Engineer to the City Coun- cil that the public improvements have been completed in accordance with the approved im- provement plans and City standards and spec- ifications and accepted by City Council Reso- lution. Section 10. That in the event the Project Team fails to execute the acceptance and fur- nish the guarantees provided hereof within 180 days after the date of this Resolution, the pro- visions hereof shall be null and void and the ac- ceptance of the dedication and approval the plat shall not be effective. Section 11. Inspection and Acceptance. The City will inspect any yet to be constructed public Project improvements throughout its im- plementation and at its completion to ensure compliance with the approved plans and spec- ifications. The Project Team must pay to the City an inspection fee in the amount of three percent (3%) of the estimated construction cost for the yet to be constructed City streets and infrastructure improvements therein only. The City will conduct a periodic inspection of the completed sections of the public Project infra- structure. As individual sections of the public Project infrastructure are inspected and deemed substantially complete, the securities required can be reduced as detailed in Section 3.2 above. If the inspection establishes that the public Project infrastructure has been com- pleted in accordance with the approved plans and City requirements and specifications, the Project will be accepted by City Council. Passed, approved, and adopted this 17th day of April 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk ACCEPTANCE OF RESOLUTION NO.114 -23 I, the undersigned, Robert Smith, repre- senting Talon, LLC, having read the terms and conditions of the Resolution No. 114-23 and being familiar with the conditions thereof hereby accept this same and agree to the con- ditions required therein. Dated in Dubuque, Iowa this 171h day of April 2023. /s/Robert Smith, Talon, LLC ACCEPTANCE OF RESOLUTION NO.114 -23 I, the undersigned, Josh Kruger, represent- ing Eagle Construction, Inc., having read the terms and conditions of the Resolution No.114 -23 and being familiar with the conditions thereof hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 17'h day of April 2023. /s/Josh Kruger, Eagle Construction, Inc. ACCEPTANCE OF RESOLUTION NO.114 -23 I, the undersigned, Josh Kruger, represent- ing Fox Hills Apartments, LLC, having read the terms and conditions of the Resolution No.114 -23 and being familiar with the conditions thereof hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 17th day of April 2023. /s/Josh Kruger, Fox Hills Apartments, LLC ACCEPTANCE OF RESOLUTION NO.114 -23 I, the undersigned, Roger Cherland, repre- senting Blue Sky, INC., having read the terms and conditions of the Resolution No.114 -23 and being familiar with the conditions thereof hereby accept this same and agree to the con- ditions required therein. Dated in Dubuque, Iowa this 20th day of April 2023. /s/Roger Cherland, Blue Sky, INC. ACCEPTANCE OF RESOLUTION NO.114 -23 I, the undersigned, Roger Cherland and Cheryl Cherland, having read the terms and conditions of the Resolution No.114 -23 and being familiar with the conditions thereof hereby accept this same and agree to the con- ditions required therein. Dated in Dubuque, Iowa this 20th day of April 2023. /s/ Roger Cherland /s/Cheryl Cherland ITEMS SET FOR PUBLIC HEARING Motion by Roussell to receive and file the documents, adopt the resolutions, and set the public hearing as indicated. Seconded by Wethal. Motion carried 7-0. 1. Resolution Setting a Public Hearing on the Proposed First Amendment to Develop- ment Agreement by and between the City of Dubuque and Seippel Warehouse, LLC provid- ing for the Issuance of Urban Renewal Tax In- crement Revenue Grant Obligations Pursuant to the Development Agreement: Upon motion Page 964 of 2498 Book 153 Regular Session, April 17, 2023 149 the documents were received and filed and Resolution No. 115-23 Setting a public hearing on the First Amendment to Development Agreement between the City of Dubuque, Iowa and Seippel Warehouse, LLC was adopted set- ting a public hearing for a meeting to com- mence at 6:30 p.m. on May 1, 2023 in the His- toric Federal Building. RESOLUTION NO. 115-23 SETTING A PUBLIC HEARING ON THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND SEIPPEL WARE- HOUSE, LLC Whereas, the City of Dubuque (City) and Seippel Warehouse, LLC (Developer) previ- ously entered into a Development Agreement dated February 20, 2023, for the development of real estate legally described as: Lot 2 of Dubuque Center South First Additions, City of Dubuque, Iowa: (the "Initial Property"); and Whereas, Developer desires to acquire ad- ditional real estate adjoining the Initial Property described as follows: Lot 2 of Lot 3 of Dubuque Industrial Center South First Addition, Dubuque Iowa (the "Wilming Property"); and Lot 2 in Brehm Acres Plat 3, Dubuque, Iowa (the "Brehm Property") (the "Prop- erty") all of which shall be combined in a consolidated plat; and Whereas, Developer intends to expand the size of the warehouse to be constructed on the Initial Property, to extend the structure over portions of the Brehm Property and to obtain access to the structure over the Wilming Prop- erty; and Whereas, the parties desire to amend the Development Agreement to include the Wilming Property and the Brehm Property in the definition of Property in the Development Agreement and to otherwise modify the Devel- opment Agreement to accommodate additional property; and Whereas, City and Developer desire to amend the Development Agreement as set forth herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council intends to approve the First Amendment to Development Agreement by and between the City of Dubu- que and Seippel Warehouse, LLC, a copy of which is [provided] hereto. Section 2. The City Clerk is hereby author- ized 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 enter into a First Amendment to Development Agreement by and between the City of Dubuque and Seippel Warehouse, LLC, to be held on the 1 -It day of May, 2023 at 6:30 p.m. in the form [provided] hereto. Section 3. The City Council will also meet at said time and place for the purpose of taking action on the matter of authorizing Urban Re- newal Tax Increment Revenue obligations and the execution of the First Amendment to Devel- opment Agreement relating thereto with Seip- pel Warehouse, 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 Dubuque Industrial Center Economic Development District, con- sisting of the funding of economic development grants to Seippel Warehouse, LLC, 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 obligations will be ap- proximately $4,803,760. Section 4. 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, pub- lished 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 dis- posal of the City's interest in the Property and the issuance of said obligations. Section 5. That the notice of the proposed action shall be in substantially the form [pro- vided] hereto. Passed, approved, and adopted this 17th day of April, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk BOARDS/COMMISSIONS Appointments were made to the following boards/commissions. 1. Equity and Human Rights Commission: Three, 3-Year terms through January 1, 2026 (Expired terms of Dixon, Durnin, and Kurczek); One, 3-Year term through January 1, 2024 (Va- cant term of Branch). Applicants: Pamela Birch, 1550 Butterfields; Michaela Freiburger, 1718 Diane Crt. (Additional Applicant); Jake Kurczek, 1110 Victoria PI.; Kristen Leffler, 159 Julien Dubuque Dr.; Lauren Link, 535 West 5th St.; Candace Raymond, 1155 Tressa St.; Enoc Sanchez, 2130 Morningview Rd.; Theresa Sampson Brown, 2285 Clydesdale Crt.; Nina Streauslin, 3904 Cora Dr.; Matt Zanger, 261 Southgate Dr. (Additional Applicant). This com- mission is subject to the State of Iowa Gender Balance Law, §69.16A. 9 Commissioners total; currently 1 male/3 females/ 5 openings. Open- ings were advertised for 90 days while non -fe- male identifying applicants were sought in Page 965 of 2498 Book 153 Regular Session, April 17, 2023 150 adherence with Iowa Code 69.16A Gender Bal- ance. One additional 3-Year term through Jan- uary 1, 2024 (Vacant term of Evans) will be pre- sented for applicant review at the May 1, 2023, City Council meeting. This term is being adver- tised for 90 days while non -female identifying applicants are sought in adherence with Iowa Code 69.16A Gender Balance. The City Coun- cil conducted a roll call vote for each of the terms. Upon roll call vote, Mr. Kurczek was ap- pointed to the first three-year term through Jan- uary 1, 2026. Ms. Birch received 1 vote (Sprank), and Mr. Kurczek received the re- maining 6 votes. Upon roll call vote, Mr. Sanchez was appointed to the second three- year term through January 1, 2026. Ms. Link received 1 vote (Sprank), and Mr. Sanchez re- ceived the remaining 6 votes. Upon roll call vote, Mr. Zanger was appointed to the third three-year term through January 1, 2026. Ms. Sampson Brown received 1 vote (Jones), Ms. Link received 1 vote (Wethal) and Mr. Zanger received the remaining 5 votes. Upon roll call vote, Ms. Link was appointed to the three-year term through January 1, 2024. Ms. Freiburger received 2 votes (Jones and Roussell), Ms. Leffler received one vote (Resnick), and Ms. Link received the remaining 4 votes. 2. Park and Recreation Advisory Commis- sion: One, 3-Year term through June 30, 2025 (Vacant term of Wood). Applicants: Jason Hen- kel, 1888 Saint Joseph St.; Ericson Hilbun, 1430 Oeth Crt. (Additional Applicant); Shirley Snow, 779 University Ave. Upon roll call vote, Mr. Henkel was appointed to the three-year term through June 30, 2025. Mr. Hilburn re- ceived 1 vote (Farber), and Mr. Henkel re- ceived the remaining 6 votes. PUBLIC HEARINGS 1. Voluntary Annexation Request - John and Diane Brehm (property owners) and Seip- pel Warehouse LLC (applicant and future prop- erty owner): Motion by Resnick to receive and file the documents and adopt Resolution No. 116-23 Approving an Application for Voluntary Annexation of Territory to the City of Dubuque, Iowa. Seconded by Sprank. Motion carried 7- 0. RESOLUTION NO. 116-23 APPROVING AN APPLICATION FOR VOL- UNTARY ANNEXATION OF TERRITORY TO THE CITY OF DUBUQUE, IOWA Whereas, the City Council of Dubuque has received a written application from John and Diane Brehm (property owners) and Seippel Warehouse LLC (applicant and future property owner) for the voluntary annexation of 2.804 acres of property. The property is comprised of agricultural land east of Cottingham Road and west of Dubuque Industrial Center South as shown on Exhibit A and legally described as: Part Of Lot 1 In Brehm Acres Plat 2. Dubuque County, Iowa, More Particularly Described as Follows: Commencing at the East Quarter Corner of Section 36, Township 89 North, Range 1 East of the 5t" P.M., Dubuque County, Iowa; Thence S00°05'05"E, 394.29 Ft. to Along the East Line of the Southeast Quarter of Said Section 36 to the Centerline of Cot- tingham Road and the Point of Beginning; Thence Continuing S00°05'05"E, 794.63 Ft. Along Said East Line; Thence N66°16'22"W, 100.00 Ft.; Thence N46°30'28"W, 193.69 Ft.; Thence N20°13'45"W, 170.84 Ft. to the Center- line of Cottingham Road; Thence N40°16'31"E, 176.53 Ft. Along Said Cen- terline to the Beginning of a Centerline Curve Tangent to Said Line; Thence Northeasterly and Northerly, 255.77 Ft. Along the Curve Concave to the North- west, Having a Radius of 740.82 Ft. and a Central Angle of 19°46'53"; Thence N20°30'25"E, 33.09 Ft. Along Said Cen- terline to the Beginning of a Centerline Curve; Thence Northerly and Northeast- erly, 83.73 Ft. Along Said Curve Having a Radius of 325.00 Ft., Concave to the Southeast, a Central Angle Of 14°45'38" and a Chord Which Bears N25°10'38"E, 83.50 Ft. to the Point of Beginning, Con- taining 2.804 Acres, Which Includes 0.402 Acres of Existing Public Road Right of Way. Also known as Lot 2 of Brehm Acres Plat 3. Whereas, the annexation territory is not subject to an existing annexation moratorium agreement and does not include any railroad property; and Whereas, the annexation territory does not include State owned property; and Whereas, Chapter 368 of the Code of Iowa authorizes this annexation by adoption of a res- olution and required notification; and Whereas, the annexation territory is con- sistent with the City's Comprehensive Plan; and Whereas, the future growth and develop- ment of the City of Dubuque, Iowa makes it de- sirable that the annexation territory be made part of the City of Dubuque, Iowa; and Whereas, the City of Dubuque has the ca- pacity to provide substantial municipal services to the annexation territory; and Whereas, the annexation is in the public in- terest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the application for the vol- untary annexation of property by John and Di- ane Brehm (property owners) and Seippel Page 966 of 2498 Book 153 Regular Session, April 17, 2023 151 Warehouse LLC (applicant and future property owner) consisting of 2.804 acres as shown on Exhibit A is hereby approved for annexation to the City of Dubuque. Section 2. That, subject to the approval of the City Development Board, the corporate lim- its of the City of Dubuque be, and they hereby are extended to include the approximately 2.804 acres of annexation territory as shown on Exhibit A Annexation Map and Exhibit C An- nexation Legal Description. Section 3. That the City Council does hereby certify that the City of Dubuque has complied with the notice and hearing require- ments of the Iowa Code pertaining to 100% vol- untary annexation of territory within the urban- ized area of another city. Section 4. That if the City Development Board approves this annexation, the territory hereby annexed shall become a part of Ward One of the City of Dubuque. Section 5. That the City Clerk shall file this resolution, all exhibits, and the applications for voluntary annexation with the City Develop- ment Board of the State of Iowa in accordance with the provisions of Chapter 368 of the Iowa Code. Passed, approved, and adopted this 17th day of April 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Request to Rezone Property at Brehm Acres: Motion by Roussell 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 sus- pended. Seconded by Farber. Planning Ser- vice Manager Wally Wernimont provided a staff report. Motion carried 7-0. Motion by Roussell for final consideration and passage of Ordinance No. 16-23 Amend- ing Title 16 of the City of Dubuque Code of Or- dinances Unified Development Code by re- scinding Ordinance No. 2-13 which established regulations for a PUD Planned Unit Develop- ment with a PI Planned Industrial Designation and adopting an amended PUD Ordinance that expands the district by incorporating an addi- tional parcel of land. Seconded by Farber. Mo- tion carried 7-0. ORDINANCE NO. 16-23 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES UNI- FIED DEVELOPMENT CODE BY RESCIND- ING ORDINANCE NO. 2-13 WHICH ESTAB- LISHED REGULATIONS FOR A PUD PLANNED UNIT DEVELOPMENT WITH A PI PLANNED INDUSTRIAL DESIGNATION AND ADOPTING AN AMENDED PUD ORDI- NANCE THAT EXPANDS THE DISTRICT BY INCORPORATING AN ADDITIONAL PAR- CEL OF LAND NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubu- que Code of Ordinances, Unified Development Code, is hereby amended by rescinding Ordi- nance No. 2-13 and expanding the Dubuque Industrial Center South PUD by incorporating an additional parcel of land and adopting a con- ceptual development plan, a copy of which is [provided] to and made a part hereof, for the for the property legally described below, to wit: Lots A, B, Balance of Lot C and Lots 2,345, and 5A of Dubuque Industrial Center South First Addition; Lot A and Lots 1, 2, and 3 of Dubuque Industrial Center South Third Addition; and Lot 2 of Brehm Acres Plat 3 Section 2. [provided] hereto and made a part of this zoning reclassification approval is the Conceptual Development Plan for the Dubuque Industrial Center South Planned Unit Development marked Exhibit A. It is recog- nized that minor shifts or modifications to the general plan layout may be necessary and compatible with the need to acquire workable street patterns, grades, and usable building sites. The general plan layout, including the re- lationship of land uses to the general plan framework and the development requirements shall be used as the implementation guide. A) Definitions 1) Building -related Features: Building -re- lated features are defined as all con- struction items which rise above the grade surface of the lot. These include: a) The primary building. b) All accessory or secondary buildings. c) All exterior storage areas. d) Exterior refuse collection areas. e) Exterior mechanical equipment. f) Containerized or tank storage of liquids, fuels, gases, and other materials. 2) Vehicle -related Features: Vehicle -re- lated features are defined as all areas used for the movement and parking of all vehicles within the lot. These in- clude: a) Employee and visitor parking spaces. b) Driveways from the street right-of-way line to and from parking spaces. c) Loading spaces outside of the building. d) Maneuvering spaces outside the build- ing. e) Parking spaces for company -owned commercial vehicles. f) Fire lanes. g) Railroad tracks 3) Open Space Features: Open space fea- tures are defined as those exterior ar- eas and developed features of the lot Page 967 of 2498 Book 153 Regular Session, April 17, 2023 152 which include: a) Landscape space containing lawn ar- eas and plantings. b) Paved, hard -surfaced pedestrian ar- eas such as walkways, plazas, entry- ways, and courtyards. c) Storm water management facilities not otherwise used for building -related or vehicle -related purposes. d) Open recreation areas and recrea- tional trail. e) Other non -building and non -vehicular related space. B. Use Regulations Zone D: General Purpose and Description. Zone D is intended to provide a location for heavy industrial uses. Exterior storage is al- lowed, provided it is screened from view from public right-of-way. 1) Principal permitted uses shall be limited to: a) Railroad and public or quasi -public util- ities. b) Corporate offices. c) Mail order houses. d) Printing and publishing. e) Laboratories for research and engi- neering. f) Moving/storage facilities. g) Wholesale sales/distributor. h) Freight transfer facilities. i) Fuel and ice dealers. j) Cold storage/locker plants. k) Packing and processing of meat, dairy or food products, not to include stock- yards or slaughterhouses. 1) Compounding, processing, and pack- age of chemical products. m) Manufacture, assembly, repair or stor- age of electrical and electronic prod- ucts, components, or equipment. n) Warehousing and storage facilities, not to include mini warehouses. o) Manufacturing, processing, fabrication, assembling, packaging or other compa- rable treatment of goods or materials. 2) Conditional uses shall be limited to the following: a) Day care center, within a primary of- fice/industrial building or as an acces- sory structure on the same lot. Day care centers are subject to state regulations and requirements of Article 8-20, Li- censed Child Care Center, of the Uni- fied Development Code. 3) Accessory uses shall be limited to the fol- lowing: a) Retail outlets within a primary office/in- dustrial building, selling products pro- duced on -site and only as accessory to the principal use. b) Any use customarily incidental and subordinate to the principal use it serves. 4) Temporary uses shall be limited to the following: Any use listed as a permitted use within the PUD District of a limited du- ration as established in Article 3-19 and as defined in Article 2-3 of the Unified De- velopment Code. 5) The provision of off-street parking shall be regulated by Article 14 of the City of Dubuque's Unified Development Code. Zone O: General Purpose and Description. Zone O is intended to serve as an amenity to the industrial park, provide public areas and control of storm water to protect down- stream properties. 1) Principal permitted uses shall be limited to: a) Railroads and public or quasi -public utilities. b) Parks, nature areas, playgrounds, and similar recreational uses. c) Picnic areas. d) Recreational trails. e) Club houses, shelter houses, tennis courts, playground equipment, or other recreational buildings and structures when associated with parks, nature ar- eas, playgrounds, and recreational fa- cilities. f) Construction of dams, reservoirs, de- tention ponds and similar storm water control facilities. 2) Conditional uses (reserved for future use). 3) Accessory uses shall be limited to the fol- lowing: a) Any use customarily incidental and subordinate to the principle use it serves. 4) Temporary uses (reserved for future use). C. Lot Bulk Regulations: Development of land in Zones D and O shall be regulated as follows: 1) All building structures and activities shall be located in conformance with the [pro- vided] conceptual development plan and all final site development plans shall be approved in accordance with provisions of this ordinance and Article 12 of the Uni- fied Development Code. 2) All building -related features in Zones D and O shall be in accordance with the fol- lowing bulk regulations chart: Min. lot area in acres, Lot frontage min. ft., Front yard setback min. ft., Side yard setback min. ft., Rear yard setback min. ft., Building height max. ft. Zone O, N/A, N/A, N/A, N/A, N/A, N/A Zone D, 2 acres, 100, 50, 25, 50, 100 a) Lots smaller than minimum will be al- lowed if the parcel is consolidated or combined with a larger lot. Substa- tions for public and quasi -public Page 968 of 2498 Book 153 Regular Session, April 17, 2023 153 utilities shall be exempt from lot front- Allowable Products Store, Allowable Location, Allowable Screening Materials, Minimum age and lot area requirements. Opacity, Maximum Height of Screening b) Maximum lot coverage shall be 80 Zone D, Raw or finished goods; equipment, percent. All building and vehicle re- lated features shall be considered Rear or side yards, Similar to building color, when calculating total land area cov- 50%, 12 ft. erage, except fire lanes and railroad Zone O, PROHIBITED tracks. 1) Exterior storage of materials, which c) Maximum building height shall be as could be blown into the air or strewn stipulated in the bulk regulations chart about by the wind, shall be prohibited. above, except the following may ex- 2) Exterior storage, where allowed, shall ceed the height limit: cooling towers, not encroach into a front yard. A front condensers, elevator bulkheads, yard may exceed the required front yard stacks and other necessary mechani- setback. cal equipment and their protective 3) The ground area coverage of exterior housing. Heating, ventilating, and air storage areas shall be the area con - conditioning (HVAC) equipment is tained inside the required screening. limited to 10 ft. above height limita- This area shall be considered to be a tion. building -related feature for purposes of d) Within required front, side, and rear calculating total land area coverage. setbacks, only driveways, fire lanes, 4) Exterior storage must be screened railroad tracks, open space features from view from adjacent public right -of - and primary and secondary signage way. are allowed. Parking lots may en- 5) The screening height shall be meas- croach up to 50% into the required ured from the ground level outside the front yard setback. line of the screen. Screens built on slop- D. Parking and Loading Regulations ing grades shall be stepped so that their 1) All vehicle -related features, except for top line shall be horizontal. railroad tracks, shall be surfaced with 6) Required screening is intended to either asphalt or concrete. buffer surrounding property from the 2) All parking and loading spaces shall be negative visual impact created by the delineated on the surfacing material by storage of raw or finished goods, mate - painted stripes or other permanent rials and equipment that can adversely means. impact the value of adjacent property. 3) The number, size and design of park- 7) The City Planner may grant a waiver ing spaces shall be governed by appli- for screening to exceed the maximum cable provisions in Articles 13 and 14 of height allowed when topography or the City of Dubuque Unified Develop- height of individual finished products or ment Code. equipment could make it impossible to 4) The number, size and design and loca- completely screen a storage area from tion of parking spaces designated for every vantage point. The City Planner persons with disabilities shall be ac- may not grant waiver in maximum cording to the local, state, or federal re- screening height for raw materials or quirements in effect at the time of devel- stacked goods. opment. 8) All exterior entrances to a screened 5) The location and number of private storage area shall be provided with a driveway intersections with public gate or door of similar design to that of streets shall be reviewed and approved the screen. by the City Engineer. 9) Long-term storage of products or ma- 6) No on -street maneuvering of delivery terials in semi -trailers or shipping con - vehicles will be allowed on any street. tainers is prohibited. Lots shall provide all necessary maneu- F. Exterior Trash Collection Area Require- vering space for delivery vehicles within ments the boundaries of the lots. 1) Exterior trash collection areas shall in- 7) All loading docks for shipping and re- clude collection bins, dumpsters, and ceiving raw and manufactured goods similar waste receptacles for the short - shall be designed to provide for the di- term storage and collection of trash. rect movement of goods between the Trash shall include garbage, scrap, re- delivery vehicle and the interior of the cyclables, debris, and similar materials. building. 2) The storage of trash shall be limited to E. Exterior Storage Regulations: Exterior that produced by the principal permitted storage shall be in accordance with the use and accessory uses of the lot. Ex - following regulations: terior storage of trash, which could be Page 969 of 2498 Book 153 Regular Session, April 17, 2023 154 blown into the air or strewn about by the fulfillment of the landscaping require - wind, shall be prohibited. ments. 3) The ground area coverage of exterior a) Minimum tree planting requirements trash collection areas shall be the area for any new development in the Dubu- contained inside the required screen- que Industrial Center South shall be ing. This area shall be considered a one (1) tree of the following size per building -related feature for purposes of 1,600 square ft. of required open calculating total land area coverages. space: 4) Exterior trash collection areas shall be 40% minimum: 2-2 1/2" caliper diame- located in rear or side yards only. Exte- ter deciduous and/or 8-foot height or rior trash collection areas shall not en- greater evergreen. croach into a front yard. A front yard Balance: 1 '/2 - 2" caliper diameter de - may exceed the required front yard set- ciduous and/or 6-foot height ever - back. green. 5) All exterior trash collection areas and b) Minimum shrub requirements at the the materials contained therein shall be time of planting for any development screened from view from the adjacent in the PUD District shall be 6 shrubs, public right-of-way. or 1 shrub per 1,000 square ft. of re- 6) The screening shall be a completely quired open space, whichever is opaque fence, wall or other feature not greater. Shrubs shall be a minimum of exceeding a height of 10 ft. measured 18" height or minimum of one (1) gal - from the ground level outside the line of Ion potted. the screen. Screens built on sloping 3) Landscape berms and/or plantings grades shall be stepped so that their top shall be required as screening for park - line shall be horizontal. ing areas adjacent to public streets and 7) Exposed materials used to construct shall be a minimum of three (3) ft. in the opaque screen shall be similar in height and can utilize natural grade appearance to materials used for exte- changes to achieve the required 50% rior building walls. All exterior entrances opacity landscaping screen. Parking lot to a screened trash area shall be pro- screening is in addition to required land- vided with a gate or door of similar de- scaping of open space areas. sign to that of the screen. 4) Trees shall be provided in all parking 8) If a 10-foot-high screen fails to shield lot islands, which are of sufficient size the exterior trash collection area from to ensure the growth and survival of the view from the adjacent public right -of- trees. Trees planted in parking lot is - way, evergreen plantings may be re- lands may be counted toward the mini- quired in addition to the screening. Ev- mum tree planting requirements. ergreen plant materials shall be se- 5) The developer of any lot fronting Seip- lected and designed so that they will pel Road and/or other Public Streets screen the area from the adjacent pub- shall participate in the planting trees lic right-of-way within five (5) years. compatible in species and spacing with G. Landscaping Regulations: The following tree plantings, which have previously landscape regulations shall apply to each been completed by the City along Seip- lot: pel Road. 1) Plant Materials: The open space area 6) The installation of required planting of each lot shall be planted with perma- materials may be phased in direct pro- nent lawn and ground covers, shrubs, portion to the phasing of building con - and trees. It is the intent of these regu- struction. Required landscaping shall lations that the development of required be installed by the date the Building open spaces shall reflect a high quality Services Department issues an occu- of environmental design. pancy certificate, or if winter weather 2) Landscaping: The following is the min- prevents planting, within six months of imum requirement of trees and shrubs, being issued an occupancy certificate. by number and size, and the type of 7) The lot owner is required to replant any ground cover required. Street trees and all plant materials which have died planted in public street right-of-way due to any cause during the effective shall not be counted toward fulfillment period of this PUD Ordinance. of the minimum site requirements set 8) A detailed landscape plan shall be re - forth below. Plant species to be used for quired as part of submittal for final site landscaping shall be in accordance with development plan approval. the City of Dubuque Street Tree Policy. 9) The area between the public street and Existing trees and shrubs to be retained the right-of-way line shall be planted on -site may be counted toward with grass and maintained by the lot Page 970 of 2498 Book 153 Regular Session, April 17, 2023 155 owner. H. Sign Regulations 1) Applicability of City of Dubuque Ordi- nances: The provisions of the City of Dubuque Unified Development code Article 15 Signs shall apply unless fur- ther regulated by this section. 2) Off -Premise Signs: Off -premise signs shall be prohibited. 3) On -Premise Signs: On -premise signs shall be erected or constructed in ac- cordance with the following regulations: a) Allowable content: signs, messages, and graphics shall be limited to the following contents: 1) Industrial Center signs: limited to iden- tification of Dubuque Industrial Center South. i. Entrance signs ii. Directory signs 2) Company primary signs: limited to identification of uses in Zone D. i. Identification of company name ii. Identification of company products or services iii. Graphic symbol or logo identified with the company. 3) Secondary signs: Allowable in all zones. i. Street address. ii. Directional messages necessary for the safe and efficient flow of ve- hicular and pedestrian traffic on the lot. iii. Identification of visitor entrances to the building, shipping, and receiving docks and other delivery points. iv. Identification of assigned parking spaces and parking spaces acces- sible to persons with disabilities. v. Temporary announcements of pending or new construction. vi. Commemorative messages. b) Schedule of sign regulations: allowa- ble structure type, size, number, and height shall be limited to the following requirements: Type of Sign, Maximum size, Maximum Num- ber, Allowable Structure type, Maximum Height* Industrial Center Entrance Signs, 200 sq. ft. per sign face, Three (3) signs, Monument, 12 ft. Industrial Center Directory Signs, 30 sq. ft. per sign face, Three (3) signs, Monument, 8 ft. Company Primary Signs, 10% of building wall sign is mounted on or 400 total sq. ft. of sign area, whichever is less., 2 signs per street frontage per business, Wall -mounted, Below eave or parapet Company Primary Signs, 150 sq. ft. per sign face, 1 sign per business restricted to interior street frontages only, Monument, 10 ft. Secondary signs, 6 sq. ft. per sign face, No maximum number, Wall -mounted, 10 ft. Secondary signs, 6 sq. ft. per sign face, No maximum number, Monument, 6 ft. *The height of the monument -style signs shall be measured from average grade to top of sign structures. c) Variances: Variances from sign re- quirements for size, number and height may be requested. Such vari- ances shall be reviewed by the Zon- ing Board of Adjustment in accord- ance with Article 8-6 of the Unified Development Code. d) Lighting: Signs may be illuminated only by means of indirect lighting, whereby all light sources and devices are shielded from view by opaque or translucent materials, or internally illu- minated by means of a light source completely enclosed by the sign panel. e) Motion: No signs may include any de- vice or means, mechanical, electrical, or natural, which shall cause any mo- tion of the sign panel or any part thereof. No flashing lights or changing colors shall be allowed. I. Maintenance Assessments 1) The City will cause the construction of such improvements as the City deems appropriate in the Public Areas of this PUD District shown on the Plan. Maintenance and repair of the Public Areas and its improvements is the re- sponsibility of the City with fifty percent (50%) of costs of such maintenance and repair assessed to and paid by the owners of property in this PUD District. Private connections to the Public Areas and the subsequent maintenance and repair of such private connections are the responsibility of each owner and may not be constructed without the prior written approval of the City. 2) The City will assess against the prop- erties in this PUD District in each as- sessment year an annual assessment for the purpose of paying fifty percent (50%) of the actual costs of the City's maintenance and repair of the Public Areas and the actual costs associated with maintaining and lighting the park entrance signs. Said assessment may also include the establishment of a cap- ital improvements reserve fund for such purposes. Upon establishment of such assessment levy, the owner of each lot must pay to the City a pro rata share (as hereinafter defined) of such assess- ment. The owner waives any and all rights to further notice, to object to the Page 971 of 2498 Book 153 Regular Session, April 17, 2023 156 assessments, the amount of the as- a means that is satisfactory to the Engi- sessments, the procedure for certifying neering Department of the City of Dubu- the assessments or to any other rights que. Other applicable regulations en - the owner would have as provided in forced by the City of Dubuque relative Iowa Code Chapter 364 and Chapter to storm water management and drain- 384 and that the schedule of assess- age shall apply to properties in the PUD ments may be certified by the City to the District. Dubuque County Treasurer for collec- 4) Noises: Noises generated within the tion in the same manner as provided in PUD District shall be regulated by Iowa Code Chapter 364 and Chapter Chapter 33, Article IV, Noises, of the 384. City of Dubuque Code of Ordinances. 3) If such pro rata share is not paid within 5) Flood Plain Regulations: The area of thirty (30) days after its due date, the the PUD District that lies within the flood owner agrees that that amount of such plain of Catfish Creek shall be subject pro rata share will become a lien upon to the regulations of Article 6-4 of the the lot obligated to pay the same and Unified Development Code. will bear interest from the due date at 6) Phased construction of buildings and the highest legal contract rate applica- parking spaces: The construction of off- ble to a natural person. The owner fur- street parking spaces may be phased in ther agrees that the City may bring an proportion to the percentage of total action at law against any owner obli- building floor area constructed at any gated to pay the same or foreclose the one time. Ground area set aside for fu- lien against the lot. ture parking, loading spaces or drive - The owner agrees that the owner is also ways or for parking provided in excess obligated to reimburse the City for the of the minimum required number of City's costs and reasonable attorney's parking spaces shall not reduce the fees of any collection efforts. The owner minimum required area for open space. agrees that the owner may not waive or 7) Other Codes and Regulations: These otherwise avoid liability for an assess- regulations do not relieve an owner ment provided herein by non-use of the from other applicable City, County, Public Areas or abandonment of a lot. State or Federal Codes, regulations, 4) An owner's pro rata share is equal to a laws, and other controls relative to the fraction, the numerator of which is the planning, construction, operation, and gross square ft. area of the lot or lots management of property in the PUD owned by the owner and the denomina- District. for of which is the gross square ft. area K. Ordinance History of all lots in this PUD District exclusive 1) Ord. 2-13: reclassifying hereinafter de - of the Public Areas and public rights -of- scribed property located north and way. south of Seippel Road and north of U.S. Performance Standards: The develop- Highway 20 from AG Agricultural Dis- ment and maintenance of uses in this trict to PUD Planned Unit Development PUD District shall be established in con- with a PI Planned Industrial designation formance with the following standards: for the Dubuque Industrial Center 1) Platting: The conceptual development South. plan shall serve as the preliminary plat L. Transfer of Ownership: Transfer of own - for this PUD District. Subdivision plats ership or lease of property in this PUD and improvement plans shall be submit- District shall include in the transfer or ted in accordance with Article 11. Land lease agreement a provision that the pur- Subdivision, of the City of Dubuque Uni- chaser or lessee acknowledges aware- fied Development Code. ness of the conditions authorizing the es- 2) Site Plans: Final site development tablishment of the district. plans shall be submitted in accordance M. Modifications: Any modifications of this with Article 12 Site Plans and Article 13 Ordinance must be approved by the City Site Design Standards prior to con- Council in accordance with zoning reclas- struction of each building and vehicle- sification proceedings of Article 9-5 of the related feature unless otherwise ex- Unified Development Code. empted by Article 12. N. Recording: A copy of this ordinance shall 3) Storm Water Conveyance: The devel- be recorded at the expense of the prop- oper of each lot shall be responsible for erty owner(s) with the Dubuque County providing surface or subsurface con- Recorder a permanent record of the con- veyance(s) of storm water from the lot ditions accepted as part of this reclassifi- to existing storm sewers or to flow line cation approval within ten (10) days after of open drainage ways outside the lot in the adoption of this ordinance. This Page 972 of 2498 Book 153 Regular Session, April 17, 2023 157 ordinance shall be binding upon the un- dersigned and his/her heirs, successors, and assigns. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Iowa. Section 4. This Ordinance shall take effect upon publication as provided by law. Passed, approved, and adopted this 17th day of April 2023. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 21 st day of April 2023. /s/Adrienne N. Breitfelder, City Clerk 3. Request to Rezone 1061 Cedar Cross Road: Motion by Jones to receive and file the documents and that the requirement that a pro- posed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Sprank. Planning Ser- vice Manager Wally Wernimont provided a staff report. Jennifer Clemens -Conlon of Clemens, Walters, Conlon, Runde, & Hiatt, L.L.P., 2080 Southpark Ct., introduced herself on behalf of applicant Tim Ertl and stated that she and Mr. Ertl were available to answer any questions. Responding to a question from the City Coun- cil, Mr. Wernimont summarized the city's pro- cess for reviewing properties' stormwater man- agement. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 17-23 Amending Ti- tle 16 of the City of Dubuque Code of Ordi- nances, Unified Development Code, by reclas- sifying hereinafter described property located at 1061 Cedar Cross Road from CS Commer- cial Service and Wholesale District to C-3 Gen- eral Commercial District. Seconded by Sprank. Motion carried 7-0. ORDINANCE NO. 17-23 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLAS- SIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1061 CEDAR CROSS ROAD FROM CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT TO C-3 GENERAL COMMERCIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubu- que Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafter —described property from CS Com- mercial Service and Wholesale District to C-3 General Commercial District, to wit: Lot 1 Cedar Ridge Farm Place No. 20 and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved, and adopted this 171h day of April, 2023. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 21 st day of April 2023. /s/Adrienne N. Breitfelder, City Clerk 4. Request to Rezone 900 Alta Vista Street: Motion by Roussell to receive and file the doc- uments and that the requirement that a pro- posed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Jones. Planning Service Manager Wally Wernimont provided a staff re- port. City Council members expressed enthusi- asm for the project. Motion carried 7-0. Motion by Roussell for final consideration and passage of Ordinance No. 18-23 Amend- ing Title 16 of the City of Dubuque Code of Or- dinances, Unified Development Code, by re- classifying hereinafter described property lo- cated at 900 Alta Vista Street from ID Institu- tional District to OR Office Residential District. Seconded by Jones. Motion carried 7-0. ORDINANCE NO. 18-23 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLAS- SIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 900 ALTA VISTA STREET FROM ID INSTITUTIONAL DIS- TRICT TO OR OFFICE RESIDENTIAL DIS- TRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubu- que Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafter —described property from ID Institu- tional District to OR Office Residential District, to wit: "Sisters of the Visitation Place" and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Page 973 of 2498 Book 153 Regular Session, April 17, 2023 158 Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved, and adopted this 17th day of April, 2023. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 21 st day of April 2023. /s/Adrienne N. Breitfelder, City Clerk 5. Request to Rezone 1301 Central Ave- nue: Motion by Jones to receive and file the documents and that the requirement that a pro- posed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Roussell. Planning Ser- vice Manager Wally Wernimont provided a staff report. Scott Kwiencinski, of Horizon Develop- ment Group, 5201 East Terrace Dr., Madison, WI, stated that the company will submit an ap- plication to the Iowa Finance Authority (IFA) and tentatively plan to close and begin con- struction by early next year. Responding to a question from the City Council on parking, Mr. Wernimont stated that C-4 zoning districts do not require parking lots and that parking ramps are located near the property. Responding to questions from the City Council, Mr. Kwiencin- ski stated that state and federal historic credits are being pursued for the project and con- firmed the building will remain in compliance with all historic requirements. Mr. Kwiencinski also stated that while the company's current site plan includes an onsite playground, they are considering an indoor playroom. City Coun- cil members spoke about the need for housing at all income levels and this project's proximity to key amenities. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 19-23 Amending Ti- tle 16 of the City of Dubuque Code of Ordi- nances, Unified Development Code, by reclas- sifying hereinafter described parcel of land lo- cated along Central Avenue, Loras Boulevard, West 13m Street, and Iowa Street within the City of Dubuque from C-4 Downtown Commer- cial District to OR Office Residential District. Seconded by Roussell. Motion carried 7-0. ORDINANCE NO. 19-23 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLAS- SIFYING HEREINAFTER DESCRIBED PAR- CEL OF LAND LOCATED ALONG CENTRAL AVENUE, LORAS BOULEVARD, WEST 13T" STREET, AND IOWA STREET WITHIN THE CITY OF DUBUQUE FROM C-4 DOWNTOWN COMMERCIAL DISTRICT TO OR OFFICE RESIDENTIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubu- que Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafter described property from C-4 Down- town Commercial to OR Office Residential to wit: City Lot 449A; S2/5, M 1 /5, N 1 /5, N 1 /2- NM1/5, & S1/2-NM1/5 of City Lot 449; Lots 1, 2, 4, 2-3, & 1-3 of S1/2 of City Lot 456; N1/2 of M1/5 of City Lot 456; and to the Centerline of the Abutting Public Rights of Way, all in the City Of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved, and adopted this 17th day of April 2023. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 21 st day of April 2023. /s/Adrienne N. Breitfelder, City Clerk 6. Proceedings for the Public Hearing on the Issuance of Not to Exceed $6,250,000 Tax- able General Obligation Bonds, Series 2023A: Motion by Roussell to receive and file the doc- uments and adopt Resolution No. 117-23 Tak- ing additional action on proposals to enter into Loan Agreements and combining Loan Agree- ments. Seconded by Farber. Motion carried 7- 0. RESOLUTION NO. 117-23 TAKING ADDITIONAL ACTION ON PRO- POSALS TO ENTER INTO LOAN AGREE- MENTS AND COMBINING LOAN AGREE- MENTS Whereas, the City of Dubuque (the "City"), in Dubuque County, State of Iowa heretofore proposed to enter into a loan agreement (the "Municipal Buildings Loan Agreement") and to borrow money thereunder in a principal amount not to exceed $450,000, pursuant to the provi- sions of Section 384.24A of the Code of Iowa, for the purpose of undertaking repairs and im- provements for municipal buildings, and in lieu of calling an election upon such proposal, has published notice of the proposed action and has held a hearing thereon, and as of April 17, 2023, no petition had been filed with the City asking that the question of entering into the Municipal Buildings Loan Agreement; and Whereas, the City also proposed to enter into a loan agreement (the "Parking Ramp Fa- cilities Loan Agreement") and to borrow money Page 974 of 2498 Book 153 Regular Session, April 17, 2023 159 thereunder in a principal amount not to exceed $450,000, pursuant to the provisions of Section 384.24A of the Code of Iowa, for the purpose of undertaking repairs and improvements to municipal parking ramp facilities, and in lieu of calling an election upon such proposal, has published notice of the proposed action and has held a hearing thereon, and as of April 17, 2023, no petition had been filed with the City asking that the question of entering into the Parking Ramp Facilities Loan Agreement; and Whereas, the City also proposed to enter into a loan agreement (the "Five Flags Arena Loan Agreement") and to borrow money there- under in a principal amount not to exceed $700,000, pursuant to the provisions of Section 384.24A of the Code of Iowa, for the purpose of undertaking repairs and improvements to the Five Flags Arena facilities, and in lieu of calling an election upon such proposal, has published notice of the proposed action and has held a hearing thereon, and as of April 17, 2023, no petition had been filed with the City asking that the question of entering into the Five Flags Arena Loan Agreement; and Whereas, the City also proposed to enter into a loan agreement (the "Urban Renewal Loan Agreement" and together with the Munic- ipal Buildings Loan Agreement, the Parking Ramp Facilities Loan Agreement, and the Five Flags Arena Loan Agreement, the "Loan Agreements"), pursuant to the provisions of Section 384.24A and Section 384.24.3(q) of the Code of Iowa, and to borrow money there- under in a principal amount not to exceed $4,650,000 for the purpose of paying the costs, to that extent, of undertaking the Mystique Community Ice Center (Dubuque Ice Arena) Settling Remediation and Building Improve- ments Project, an authorized urban renewal project in the Dubuque Greater Downtown Ur- ban Renewal Area, and in lieu of calling an election upon such proposal, has published no- tice of the proposed action and has held a hear- ing thereon, and as of April 17, 2023, no peti- tion had been filed with the City asking that the question of entering into the Urban Renewal Loan Agreement; and Whereas, pursuant to the provisions of Section 384.28 of the Code of Iowa, the City intends to combine its authority under the Loan Agreements and to enter into a single loan agreement (the "Loan Agreement") and to is- sue Taxable General Obligation Corporate Purpose Bonds, Series 2023 (the "Bonds") in evidence of its obligation thereunder. NOW, THEREFORE, IT IS RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA, AS FOLLOWS: Section 1. The Loan Agreements are hereby combined into the Loan Agreement. The City Council hereby determines to enter into the Loan Agreement in the future and orders that the Bonds be issued at such time, in evidence thereof. The City Council further declares that this resolution constitutes the "ad- ditional action" required by Section 384.24A of the Code of Iowa. Section 2. Further action with respect to the Loan Agreement is hereby adjourned to the City Council meeting scheduled for May 1, 2023. Section 3. All resolutions or parts of resolu- tions in conflict herewith are hereby repealed to the extent of such conflict. Section 4. This resolution shall be in full force and effect immediately upon its adoption and approval, as provided by law. Passed, approved, and adopted this 171h day of April, 2023. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk 7. Public Hearing for Sale of City -Owned Property at 2407 Queen Street: Motion by Sprank to receive and file the documents and adopt Resolution No. 118-23 Disposing of city interest in real property at 2407 Queen Street, in the City of Dubuque, Iowa. Seconded by Resnick. Motion carried 7-0. RESOLUTION NO. 118-23 DISPOSING OF CITY INTEREST IN REAL PROPERTY AT 2407 QUEEN STREET, IN THE CITY OF DUBUQUE, IOWA Whereas, the City Council, by Resolution No. 92-23, dated April 3, 2023, declared its in- tent to dispose of City interest in real property located at 2407 Queen Street (the Property) le- gally described as: Lot 2 of Lot 70 in Plat of Lots 70, 71 and 72 Additional to Stafford's Addition; and Lot 1 of the Subdivision of Lot 69 in Staf- ford's Addition, being Mineral Lot 321 in the City of Dubuque, Iowa, according to the recorded plat thereof; and Whereas, pursuant to published notice, a public hearing was held on the proposed dis- position on April 17, 2023 at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council that approval of the purchase agree- ment for the sale to Melissa Sarazin according to the terms and conditions set out in the pur- chase 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. The purchase agreement by and between the City of Dubuque and Melissa Sarazin for the sale of the Property, a copy [provided] hereto, is hereby approved. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute a Page 975 of 2498 Book 153 Regular Session, April 17, 2023 160 Special Warranty Deed, conveying the City's interest in the Property to Melissa Sarazin. Section 3. That the City Clerk is hereby au- thorized and directed to cause said Special Warranty Deed to be delivered to the City At- torney's Office, together with a certified copy of the Resolution. Passed, approved, and adopted this 17th day of April 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk ACTION ITEMS 1. Resolution of Support for Proposed Low Income Housing Project — Horizon Develop- ment: Motion by Farber to receive and file the documents and adopt Resolution No. 119-23 Providing a Letter of Support for a Low -Income Housing Tax Credit Project proposed by Hori- zon Development. Seconded by Wethal. Mo- tion carried 7-0. RESOLUTION NO. 119-23 PROVIDING A LETTER OF SUPPORT FOR A LOW-INCOME HOUSING TAX CREDIT PROJECT PROPOSED BY HORIZON DE- VELOPMENT Whereas, Horizon Development ("Devel- oper"), is proposing to submit an application for 9% LIHTC to the Iowa Finance Authority ("IFA") for a proposed affordable housing project on the Property; and Whereas, IFA requires, as part of an appli- cation by the Developer, documentation from the City enumerating project -specific support which is not more than 180 days old on or as of the date the application is submitted; and Whereas, the City Council desires to affirm the project provision of a public benefit by cre- ating new affordable housing units in the com- munity and further desires to affirm support of an application of LIHTC for the Project and conditional approval of certain financial assis- tance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, as follows: 1. The City Council affirms and authorizes its support of the proposed Project by the De- veloper to IFA for the competitive 9% LIHTC funding in the 2023 application round. 2. The City Council provides conditional fi- nancial support for the Project through estab- lished housing creation incentives, subject to approval by IFA of the Project for 9% LIHTC Funds in the 2023 application round, and an executed development agreement. Passed, approved, and adopted this 17"' day of April, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Resolution of Support for Proposed Low Income Housing Project — Gronen Develop- ment: Motion by Resnick to receive and file the documents and adopt Resolution No. 120-23 Providing a Letter of Support for a Low -Income Housing Tax Credit Project proposed by Gro- nen Development. Seconded by Sprank. City Council members stated their support for the development. Motion carried 7-0. RESOLUTION NO. 120-23 PROVIDING A LETTER OF SUPPORT FOR A LOW-INCOME HOUSING TAX CREDIT PROJECT PROPOSED BY GRONEN DE- VELOPMENT Whereas, Gronen Development ("Devel- oper"), is proposing to submit an application for 9% LIHTC to the Iowa Finance Authority ("IFA") for a proposed affordable housing project on the Property; and Whereas, IFA requires, as part of an appli- cation by the Developer, documentation from the City enumerating project -specific support which is not more than 180 days old on or as of the date the application is submitted; and Whereas, the City Council desires to affirm the project provision of a public benefit by cre- ating new affordable housing units in the com- munity and further desires to affirm support of an application of LIHTC for the Project and conditional approval of certain financial assis- tance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, as follows: 1. The City Council affirms and authorizes its support of the proposed Project by the De- veloper to IFA for the competitive 9% LIHTC funding in the 2023 application round. 2. The City Council provides conditional fi- nancial support for the Project through estab- lished housing creation incentives, subject to approval by IFA of the Project for 9% LIHTC Funds in the 2023 application round, and an executed development agreement. Passed, approved, and adopted this 171' day of April, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breiffelder, City Clerk 3. 2022 Most Dynamic Metros Publication: Motion by Jones to receive and file the docu- ments. Seconded by Roussell. City Manager Van Milligen stated that the City of Dubuque experienced the 5"' best improvement in their overall ranking, moving from 294 on last year's list to 154 on this year's list. Motion carried 7- 0. 4. Leisure Services Temporary Employee Recruitment & Hiring Update: Motion by Farber to receive and file the documents. Seconded by Sprank. Responding to a question from the Page 976 of 2498 Book 153 Special Session, April 24, 2023 161 City Council, Recreation Division Manager Dan Kroger stated that summer pool passes will be available starting April 28th. Motion carried 7-0. 5. Work Session Request: Achievelt and Imagine Dubuque: Motion by Resnick to re- ceive and file the documents and schedule the work session for Monday, June 5, 2023, at 5:30 p.m. Seconded by Wethal. Motion carried 7-0. 6. Delivering Dubuque: Trash Tipper Carts Video: Motion by Resnick to receive and file the documents and view the video. Seconded by Farber. Media Services showed the Delivering Dubuque episode featuring trash tipper carts. This video can be viewed at: https://voutu.be/k-q3HOhTomoo. Responding to questions from the City Council, City Manager Van Milligen stated that the city will require res- idents begin using tipper carts on July 1, 2023, and that city staff can provide an update on im- plementation after that date. City Manager Van Milligen also stated that the city is working with the public to address their comments on the tip- per carts and that he will confirm if grocery stores have been notified about the tipper carts to help communicate their upcoming require- ment to residents. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Roussell reported on at- tending the International Rural Churches Asso- ciation conference. Ms. Roussell was given a shawl from the Bishop of India and stated her intention to donate the shawl to the Multicul- tural Family Center (MFC). Council Member Jones thanked the Tele- graph Herald for continuously reporting on Lei- sure Services summer staffing needs. Mayor Cavanagh reported on attending a Dubuque Kiwanis Club luncheon. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 8:41 p.m. to discuss Purchase or Sale of Real Estate — Chapter 21.5(1)(j) Code of Iowa. Seconded by Roussell. Mayor Cavanagh stated for the record that the attorney who will consult with the City Council on the issues to be discussed in the closed session is City At- torney Brumwell. Motion carried 7-0. The City Council reconvened in open ses- sion at 10:46 p.m. stating that staff had been given proper direction. There being no further business, Mayor Cavanagh declared the meeting adjourned at 10:46 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 8:07 p.m. on April 24, 2023, in the East View Training Room of the Jule Opera- tions and Training Center, 949 Kerper Blvd. Present: Mayor Cavanagh; Council Mem- bers Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attor- ney Brumwell. Absent: Council Member Farber. Mayor Cavanagh read the call and stated this is a special session of the City Council called for the purpose of conducting a closed session pursuant to Iowa Code Chapter 21.5. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 8:08 p.m. to discuss Purchase or Sale of Real Estate — Chapter 21.5(1)(j) Code of Iowa. Seconded by Roussell. Mayor Cavanagh stated for the record that the attorney who will consult with the City Council on the issues to be discussed in the closed session is City At- torney Brumwell. Motion carried 6-0. The City Council reconvened in open ses- sion at 9:09 p.m. stating that staff had been given proper direction. There being no further business, Mayor Cavanagh declared the meeting adjourned at 9:09 P.M. /s/Adrienne N. Breitfelder, CMC, City Clerk Page 977 of 2498 Book 153 Special Session, May 1, 2023 162 CITY OF DUBUQUE, IOWA Officers explained that the system is designed CITY COUNCIL PROCEEDINGS in a way that it specifically looks for and notifies the local police when activity on a manually SPECIAL SESSION pre -entered license plate is detected. OFFICIAL Dubuque's camera system is envied by many cities throughout the United States as a The Dubuque City Council met in special productive system used by the police depart - session at 5:15 p.m. on May 1, 2023, in City ment in curtailing local criminal activity so effi- Hall, 50 West 13th St., V Floor. ciently. Present: Mayor Cavanagh; Council Mem- There being no further business, Mayor bers Farber, Jones, Resnick, Roussell, Sprank, Cavanagh declared the meeting adjourned at Wethal; City Manager Van Milligen, City Attor- 6:28 p.m. ney Brumwell. /s/Trish L. Gleason, MMC, Assistant City Clerk 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 provide a demonstration of how the Police Department uses the Public Safety Camera system as a public safety tool, as a preventative tool, and as an investigative re- source. WORK SESSION Demonstration of Police Use of the Public Safety Cameras Engineering Technician, Duane Richter, demonstrated to City Council how the software updates along with the upgraded LED lighting have made a dramatic improvement on the clarity and visual impact the improvements have had on viewing camera footage. Police Chief Jeremy Jensen, Corporal Of- ficer Jordan Waddick, and Investigating Officer Nicholas Schlosser demonstrated how the Dubuque Police Department used the Public Safety Camera system to solve crimes such as murder, robbery, gun trafficking, hit and run ac- cidents, and ATM skimmers. Many of these crimes are committed by nonresidents of Dubuque, making the camera system the pri- mary investigation tool in tracking persons that are entering the Dubuque city limits to commit their crime and then immediately exiting the city limits. The camera footage used to apprehend a suspect(s), becomes vital in the prosecution of the criminal(s) and many times leads to the criminal(s) pleading guilty, saving lengthy and expensive trials. The public safety camera system can also be used for water resources and incidences that occur on the Mississippi River. The drawback of the current public safety camera system is the number of hours required to review camera footage once an incident is reported. Officers indicated that the implemen- tation of an auto plate reader system would save many hours of reviewing footage tracking criminal activities once a crime has occurred. Page 978 of 2498 Book 153 Regular Session, May 1, 2023 163 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on May 1, 2023, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6"' Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attor- ney Brumwell. Mayor Cavanagh read the call and stated this is a regular session of the City Council called for the purpose of conducting such busi- ness that may properly come before the City Council. PLEDGE OF ALLEGIANCE SWEARING IN Mayor Pro Tern Katy Wethal was sworn in by Mayor Brad Cavanagh. PRESENTATION(S) 1. Presentation of the Iowa Urban Tree Council Outstanding Civic Leader Award: Dubuque Trees Forever Board member, Steve Pregler and Park Division Manager, Stephen Fehsal recognized Council Member Laura Roussell for receiving the Outstanding Civic Leader award from the Iowa Urban Tree Coun- cil. 2. Flood Control Update: Public Works Di- rector John Klosterman presented information on the low impact to residents that the third highest river stage of the Mississippi River in the Dubuque area had, due to the extraordi- nary flood mitigation projects that have been completed in the last few years. A video pro- duced by the Public Information Office on flood control updates was viewed. The video can be viewed at https://youtu.be/PJLbgr2KPig. Assis- tant City Engineer, Bob Schiesl presented ariel maps that were used to determine the flooding outcomes based on numerous possible river stages. The council thanked all involved for making this flooding occurrence safe and prac- tically unnoticeable to residents. PROCLAMATION(S) 1. Mental Health Month (May 2023) was ac- cepted by Brenna Burgat, along with Sue Whitty, and Diane Heiken on behalf of Mental Health America of Dubuque County. 2. Community Action Month (May 2023) was accepted by Whitney Sanger on behalf of Hawkeye Area Community Action Program (HACAP). 3. Preservation Month (May 2023) was ac- cepted by Melissa Daykin Cassill on behalf of the Planning Services Department and the His- toric Preservation Commission. 4. Jewish American Heritage Month (May 2023) was accepted by Council Member Susan Farber on behalf of Temple Beth El. 5. Public Service Recognition Week (May 7-13, 2023) was accepted by City staff mem- bers: Connie Mueller, Felicia Carrier and, Jenny Messerich on behalf of the City of Dubu- que Employee Recognition Committee. 6. Great Give Day (May 17, 2023) was ac- cepted by Peter Supple on behalf of the Com- munity Foundation of Greater Dubuque. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Wethal. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 4/17/23 and 4/24/23; Historic Preservation Commission of 4/20/23; Housing Commission of 1/31/23; Library Board of Trustees of 1/26/23 and 2/23/23; Library Board of Trustees Update of 3/23/23; Proof of Publication for City Council Proceedings of 4/3/23. Upon motion the documents were re- ceived and filed. 2. Approval of City Expenditures: Upon mo- tion the documents were received and filed, and Resolution No. 121-23 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. 121-23 AUTHORIZING THE CHIEF FINANCIAL OF- FICER / CITY TREASURER TO MAKE CER- TAIN 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 Page 979 of 2498 Book 153 Regular Session, May 1, 2023 164 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 gen- erally accepted internal control procedures and have been determined to have been requisi- tioned for a lawful municipal purpose; and Whereas, the Chief Financial Officer -City Treasurer has provided a list of Expenditures [provided] 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 Fi- nancial Officer -City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is [provided] 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 pay- ment 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 ac- cordance with approved budget appropria- tions. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Chief Fi- nancial Officer are hereby authorized and di- rected to provide the statement of receipts and disbursements to the City Council, and to pub- lish a summary thereof. Passed, approved, and adopted this 1 sc day of May, 2023. Brad M. Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk 3. Award Sanitary Sewer Asset Manage- ment Consultant [CIP# 55815000261: Authori- zation to negotiate and enter into a contract with HDR Engineering to provide engineering services for the Sanitary Sewer Asset Manage- ment Plan. Upon motion the documents were received, filed, and approved. 4. Mystique Community Ice Center a.k.a. Dubuque Ice Arena - Rink Ice System Removal and Replacement Project - Acceptance of Pub- lic Improvement Construction Contract: Upon motion the documents were received and filed, and Resolution No. 122-23 Accepting the Mys- tique Ice Center - Rink Ice System Removal and Replacement Project and authorizing the payment to the contractor was adopted. RESOLUTION NO. 122-23 ACCEPTING THE MYSTIQUE ICE CENTER - RINK ICE SYSTEM REMOVAL AND RE- PLACEMENT PROJECT AND AUTHORIZ- ING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the Mystique Ice Center - Rink Ice System Removal and Replacement Project (the Pro- ject) has been completed by the Contractor, Rink-Tec International, 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 $816,201.42; and Whereas, the Contractor has previously been paid $795,796.38, leaving a balance of $20,405.04; 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 $20,405.04 as provided in Iowa Code chapter 573, and to pay such re- tainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved, and adopted this 1 sc day of May, 2023. Brad M. Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE MYSTIQUE ICE CEN- TER - RINK ICE SYSTEM REMOVAL AND REPLACEMENT PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Mystique Ice Center - Rink Ice System Removal and Replacement Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $816,201.42. Dated this 24t" day of April 2023. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 24th day of April 2023. /s/Adrienne N. Breitfelder, City Clerk 5. 2023 Asphalt Overlay Ramp Project Four: Upon motion the documents were re- ceived and filed, and Resolution No. 123-23 Awarding Public Improvement Contract for the 2023 Asphalt Overlay Ramp Project Four was adopted. Page 980 of 2498 Book 153 Regular Session, May 1, 2023 165 RESOLUTION NO. 123-23 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE 2023 ASPHALT OVERLAY RAMP PROJECT FOUR Whereas, sealed proposals have been sub- mitted by contractors for the 2023 Asphalt Overlay Ramp Project Four, (the Project) and Notice to Bidders published on the City of Dubuque, Iowa website and plan room service with statewide circulation on the 29th day of March 2023; and Whereas, said sealed proposals were opened and read on the 13t" day of April 2023 and it has been determined that Valentine Con- struction Co., LLC of Dubuque, IA submitted the low bid in the amount of $71,949.35, and is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That a Public Improvement Con- tract for the Project is hereby awarded to Val- entine Construction Co., LLC and the City Man- ager is hereby directed to execute a Public Im- provement Contract on behalf of the City of Dubuque for the Project. Passed, adopted, and approved this 1 st day of May, 2023. Brad M. Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk 6. East-West Corridor Capacity Improve- ments - Professional Consultant Services Con- tract - Supplemental Agreement No. 1 - Prelim- inary Engineering Design and Environmental Clearance Phase: Upon motion the documents were received and filed, and Resolution No. 124-23 Approving the Consultant Professional Services - Supplemental Agreement No. 1 be- tween HDR Inc. and the City of Dubuque for the East-West Corridor Capacity Improve- ments was adopted. RESOLUTION NO. 124-23 APPROVING THE CONSULTANT PROFES- SIONAL SERVICES -SUPPLEMENTAL AGREEMENT NO. 1 BETWEEN HDR INC. AND THE CITY OF DUBUQUE FOR THE EAST -WEST CORRIDOR CAPACITY IM- PROVEMENTS Whereas, the City of Dubuque is proceed- ing with East-West Corridor Capacity Improve- ments; and Whereas, due to the revised scope of ser- vices and the additional level of work to meet the NEPA level regulatory requirements, this will add additional cost ($149,556) to the Con- sultant design services contract; and Whereas, the Consultant Professional Ser- vices - Supplemental Agreement No. 1 author- izes HDR to provide the revised NEPA scope of services to continue to advance the completion of the Preliminary Engineering De- sign and Environmental Clearance Phase and to advance the development of East-West Cor- ridor Capacity Improvements. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That said Consultant Profes- sional Services - Supplemental Agreement No. 1 between HDR, Inc. and the City of Dubuque for the Preliminary Engineering Design and En- vironmental Clearance Phase for the East- West Corridor Capacity Improvements is hereby approved, subject to the concurrence of the Iowa Department of Transportation. Section 2. That the City Manager be au- thorized and directed to execute said Consult- ant Professional Services - Supplemental Agreement No. 1 with HDR, Inc. for the East- West Corridor Capacity Improvements. Passed, approved, and adopted this 1 st day of May, 2023. Brad M. Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk 7. Grants and Strategic Partnership Web - site and Story Map Update: Upon motion the documents were received and filed. 8. Dubuque Police Department 2022 Crime Statistics Handout: Upon motion the docu- ments were received and filed. 9. Signed Contract(s): ViDL Solutions for professional/technical services. Upon motion the documents were received and filed. 10. Proposed Amendment to Master Co -lo- cation and Shared Services Agreement Be- tween the City of Dubuque and Unite Private Network: Upon motion the documents were re- ceived, filed, and approved. 11. Approval of Retail Alcohol Licenses: Upon motion the documents were received and filed, and Resolution No. 125-23 Approving ap- plications for retail alcohol licenses, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 125-23 APPROVING APPLICATIONS FOR RETAIL ALCOHOL LICENSES, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDI- NANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CON- TROL, ARTICLE B LIQUOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for retail alcohol li- censes have been submitted and filed with the City Council for approval, and the same have Page 981 of 2498 Book 153 Regular Session, May 1, 2023 166 been examined, provisionally approved, and/or approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City, and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Clerk is hereby author- ized and directed to cause to be issued at the noted premise address to the following appli- cants pending submission of the locally re- quired documentation: Special Event(s) per Special Event Applica- tion Submittal Q Casino and Hotel 6-1-23 to 6-5-23, 6-21- 23 to 6-25-23, 7-12-23 to 7-16-23, 8-9-23 to 8-13-23, 8-18-23 to 8-22-23, 9-7-23 to 9- 11-23, 9-14-23 to 9-18-23, 1855 Grey- hound Park Rd. Back Parking Lot Traveling Tapster LLC 5-19-23 to 5-23-23, 2601 Shiras Ave. Eagle Point Park, River front Pavilion Dubuque Main Street 6-5-23 to 6-9-23, 7-10- 23 to 7-14-23, 8-1-23 to 8-5-23, 8-7-23 to 8-11-23, 680 Main St. Town Clock Plaza Area Residential Care 6-9-23 to 6-13-23, Va- cant Lot- South of 350 Bell St. Passed, approved, and adopted this 1 st day of May 2023. Brad M. Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk 11 11:&W=111i.01:101311[01:I4_1:11,1[03 Motion by Roussell to receive and file the documents, adopt the resolutions, and set the public hearings as indicated. Seconded by Far- ber. Motion carried 7-0. 1. Municipal Services Center Electric Vehi- cle (EV) Charging Stations Project: Upon mo- tion the documents were received and filed, and Resolution No. 126-23 Municipal Services Center EV Charging Stations Project: prelimi- nary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost for the Municipal Services Center EV Charging Stations Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 15, 2023, in the Historic Federal Building. RESOLUTION NO. 126-23 MUNICIPAL SERVICES CENTER EV CHARGING STATIONS PROJECT; PRELIM- INARY APPROVAL OF PLANS, SPECIFICA- TIONS, FORM OF CONTRACT, AND ESTI- MATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE MUNICIPAL SERVICES CENTER EV CHARGING STATIONS PRO- JECT Whereas, the intent of the City Council is to add EV vehicles to the city fleet; and Whereas, the Phase 1 Municipal Services Center EV Charging Station Project is a neces- sary improvement project to support the use of EV vehicles; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1 That the proposed plans, specifi- cation, form of contract and estimated costs for the Municipal Services Center EV charging Stations Project, in the estimated amount of $134,670 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 15th day of May 2023, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa, at which time interested persons may ap- pear 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 [provided] 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 objec- tions to the proposed plans, specifications, form of contract, or estimated cost of the Pro- ject. Passed, approved, and adopted this 1 st day of May, 2023. Brad M. Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk 2. 2023 Pavement Marking Project: Upon motion the documents were received and filed, and Resolution No. 127-23 Pavement Marking Project 2023: preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids was adopted, setting a public hearing for a meeting to commence at 6:30 p.m. on May 15, 2023, in the Historic Federal Building. RESOLUTION NO. 127-23 2023 PAVEMENT MARKING PROJECT; PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, Page 982 of 2498 Book 153 Regular Session, May 1, 2023 167 SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The proposed plans, specifica- tions, form of contract and estimated cost for the 2023 Pavement Marking Project in the es- timated amount $226,693.00, are hereby pre- liminarily approved and ordered filed in the of- fice of the City Clerk for public inspection. Section 2 A public hearing will be held on the 15th day of May, 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 per- sons 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 [provided] 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 hear- ing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or esti- mated cost of the Project. Section 3. The 2023 Pavement Marking Project is hereby ordered to be advertised for bids for construction. Section 4. The amount of the security to ac- company 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 di- rected to advertise for bids for the construction of the improvements herein provided, by pub- lishing 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 be- fore the date for filing bids before 2:00 p.m. on the 181h day of May 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 June 2023, in the Historic Federal Building Council Chambers (and/or by virtual means) 350 West 6th Street, Dubuque, Iowa. Passed, approved, and adopted this 1 st day of May, 2023. Brad M. Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk 3. Sale of City -Owned Lot at 590 Clarke Drive: Upon motion the documents were re- ceived and filed, and Resolution No. 128-23 In- tent to dispose of an interest in City of Dubuque real estate to Ry Meyer, setting a time and place for hearing, and providing for the publica- tion of notice thereof was adopted, setting a public hearing for a meeting to commence at 6:30 p.m. on May 15, 2023, in the Historic Fed- eral Building. RESOLUTION NO. 128-23 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE TO RY MEYER, SETTING A TIME AND PLACE FOR HEARING, AND PROVIDING FOR THE PUB- LICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) owns 590 Clarke Drive (the Property) legally described as: Lot 8, except the Southerly 50 ft. thereof, as conveyed by Warranty Deed recorded in Book 148TL, Page 269, and, except that part conveyed by Warranty Deed 792-1998, in J.P. Porter's Addition to Dubuque, in the City of Dubuque, Iowa, according to the recorded plat thereof; and Whereas, the City acquired the property by petition for title to abandoned property, which was awarded on August 27, 2021; and Whereas, it is the recommendation of the Housing and Community Development Depart- ment to approve the purchase agreement for the sale to Ry Meyer according to the terms and conditions set out in the purchase agree- ment in the public interest of the City of Dubu- que. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa, proposes to approve the purchase agreement of the above -described real estate to Ry Meyer. Section 2. That the City Council shall con- duct a public hearing on the proposed pur- chase agreement in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa on the 15th day of May 2023, beginning at 6:30 PM. Section 3. That the City Clerk be and is hereby authorized and directed to publish no- tice of the public hearing in the form [provided] hereto, according to law. Passed, approved, and adopted this 1st day of May, 2023. Brad M. Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk 4. Fiscal Year 2023 Second Budget Amendment: Upon motion the documents were received and filed, and Resolution No. 129-23 Setting the date for the Public Hearing on Amendment No. 2 to the Fiscal Year 2023 Budget for the City of Dubuque was adopted, Page 983 of 2498 Book 153 Regular Session, May 1, 2023 168 setting a public hearing for a meeting to com- mence at 6:30 p.m. on May 15, 2023, in the Historic Federal Building. RESOLUTION NO. 129-23 SETTING THE DATE FOR THE PUBLIC HEARING ON AMENDMENT NO. 2 TO THE FISCAL YEAR 2023 BUDGET FOR THE CITY OFDUBUQUE Whereas, Iowa Code Section 384.16 pro- vides that the City Council shall set a time and place for a public hearing on amendments to the budget and publish notice before the hear- ing as provided in Iowa Code Section 362.3. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the City Council shall con- duct a public hearing on proposed Amendment No. 2 to the Fiscal Year 2023 budget for the City of Dubuque at the City Council Chambers at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, on Monday, May 15, 2023, beginning at 6:30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish no- tice of the public hearing, according to law, to- gether with the required budget information. Passed, approved, and adopted this 1 st day of May 2023. Brad M. Cavanagh, Mayor Attest: Trish Gleason, assistant City Clerk 5. Amended and Restated Urban Renewal Plan for Greater Downtown Urban Renewal Area, Version 2023.3: Upon motion the docu- ments were received and filed and Resolution No. 130-23 Authorizing and directing the City Manager to prepare an Amended and Restated Urban Renewal Plan, Version 2023.3 for the Greater Downtown Urban Renewal District and setting the date for a public hearing and con- sultation on the proposed Amended and Re- stated Urban Renewal Plan, Version 2023.3 for said district was adopted, setting a public hear- ing for a meeting to commence at 6:30 p.m. on June 5, 2023, in the Historic Federal Building. RESOLUTION NO. 130-23 AUTHORIZING AND DIRECTING THE CITY MANAGER TO PREPARE AN AMENDED AND RESTATED URBAN RENEWAL PLAN, VERSION 2023.3 FOR THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT AND SETTING THE DATE FOR A PUBLIC HEARING AND CONSULTATION ON THE PROPOSED AMENDED AND RESTATED URBAN RENEWAL PLAN, VERSION 2023.3 FOR SAID DISTRICT Whereas, the City Council of the City of Dubuque has heretofore approved the Amended and Restated Urban Renewal Plan (the "Plan" of "Urban Renewal Plan") for the Greater Downtown Urban Renewal District (the "District") in order to provide redevelopment opportunities which will further the purposes and objectives of the Urban Renewal Plan; and Whereas, City staff has recommended that the Urban Renewal Plan be further amended and restated to add a project to the public pur- pose activities in the District specifically, off - site roadway improvements to the intersection of Kerper Boulevard and Kerper Court; and Whereas, Iowa Code Chapter 403 requires that before an Urban Renewal Plan may be modified, the City Council must follow the noti- fication, consultation, and public hearing pro- cess set forth herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager is author- ized and directed to prepare an Amended and Restated Urban Renewal Plan, Version 2023.3 for the Greater Downtown Urban Renewal Dis- trict to accomplish the foregoing purposes and objectives, to include in such Amended and Restated Urban Renewal Plan, Version 2023.3 any appropriate project activities and details, to determine an appropriate date for and conduct the consultation process required by law with affected taxing entities concerning the pro- posed Amended and Restated Plan, Version 2023.3. Section 2. That the City Clerk is directed to publish notice of a public hearing on the adop- tion of an Amended and Restated Urban Re- newal Plan, Version 2023.3 for the Greater Downtown Urban Renewal District to be held on the 1 st day of May, 2023, at 6:30 p.m. in the form [provided] hereto. The notice of said hear- ing shall generally identify the areas covered by the proposed Amended and Restated Urban Renewal Plan, Version 2023.3 and the general scope of the urban renewal activities planned for such areas and said notice shall be pub- lished in a newspaper having general circula- tion within the City not less than four days nor more than twenty days before the date of said meeting. A copy of the notice of public hearing shall be sent by ordinary mail to the affected taxing entities. Section 5. That the Economic Development Director is directed to send by ordinary mail a copy of the proposed Amended and Restated Urban Renewal Plan, Version 2023.3, the no- tice of public hearing, a notice of consultation, and, to the extent the Amended and Restated Urban Renewal Plan, Version 2023.3 includes the use of tax increment revenues for a public building, an analysis of alternative develop- ment and funding options for such public build- ings, to the Dubuque Community School Dis- trict Board of Education and Dubuque County Board of Supervisors, as the affected taxing entities. Page 984 of 2498 Book 153 Regular Session, May 1, 2023 169 Passed, approved, and adopted this 1 9t day of May, 2023. Brad M. Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk 6. Amended and Restated Urban Renewal Plan for Dubuque Industrial Center Urban Re- newal Area, Version 2023.3: Upon motion the documents were received and filed and Reso- lution No. 131-23 Authorizing and directing the City Manager to prepare an Amended and Re- stated Urban Renewal Plan Version 2023.3 for the Dubuque Industrial Center Economic De- velopment District, setting a date for the public hearing and directing the consultation process on the proposed Amended and Restated Ur- ban Renewal Plan Version 2023.3 for said dis- trict was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 5, 2023, in the Historic Federal Building. RESOLUTION NO. 131-23 AUTHORIZING AND DIRECTING THE CITY MANAGER TO PREPARE AN AMENDED AND RESTATED URBAN RENEWAL PLAN VERSION 2023.3 FOR THE DUBUQUE IN- DUSTRIAL CENTER ECONOMIC DEVELOP- MENT DISTRICT, SETTING A DATE FOR THE PUBLIC HEARING AND DIRECTING THE CONSULTATION PROCESS ON THE PROPOSED AMENDED AND RESTATED URBAN RENEWAL PLAN VERSION 2023.3 FOR SAID DISTRICT Whereas, the City Council of the City of Dubuque has heretofore approved the Amended and Restated Urban Renewal Plan (the "Plan" or "Urban Renewal Plan") for the Dubuque Industrial Center Economic Develop- ment District (the "District") in order to provide redevelopment opportunities which will further the purposes and objectives of the foregoing Urban Renewal Plan; and Whereas, City staff has recommended that the Plan be further amended to expand the Dis- trict to include additional property to be desig- nated as a new Subarea T and to add a project to the Public Purpose Activities, specifically a City Data Center, for the Dubuque Industrial Center Economic Development District; and Whereas, Iowa Code Chapter 403 requires that before a Plan may be modified, the City Council must follow the notification, consulta- tion, and public hearing process set forth therein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager is author- ized and directed to prepare an Amended and Restated Urban Renewal Plan Version 2023.3 for the Dubuque Industrial Center Economic Development District to include in such Plan any appropriate project activities and details, and to determine an appropriate date for and conduct the consultation process required by law with affected taxing entities concerning the proposed amendment. Section 2. That the City Council hold a pub- lic hearing on the adoption of the proposed Amended and Restated Urban Renewal Plan Version 2023.3 for the Dubuque Industrial Cen- ter Economic Development District on June 5, 2023 at 6:30 p.m. in the form [provided] hereto. The notice of said hearing shall generally iden- tify the areas covered by the Plan Version 2023.3 and the general scope of the urban re- newal activities planned for such areas and said notice shall be published in a newspaper having general circulation within the City not less than four days nor more than twenty days before the date of said meeting. A copy of the notice of public hearing shall be sent by ordi- nary mail to the affected taxing entities. Section 3. That the Economic Development Department is further directed to send by ordi- nary mail a copy of said Plan Version 2023.3, the notice of public hearing, a notice of consul- tation, and, to the extent the Plan Version 2023.3 includes the use of tax increment reve- nues for a public building, an analysis of alter- native development and funding options for such public buildings, to the Dubuque Commu- nity School District and the Dubuque County Board of Supervisors, as the affected taxing entities. Passed, approved, and adopted this 1It day of May, 2023. Brad M. Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk 7. Jule Public Hearing - Iowa Department of Transportation's Consolidated Funding Appli- cation: Upon motion the documents were re- ceived and filed, and Resolution No. 132-23 Setting the date for a public hearing on Iowa Department of Transportation (DOT) Consoli- dated Funding Application was adopted, set- ting a public hearing for a meeting to com- mence at 6:30 p.m. on June 5, 2023, in the His- toric Federal Building. RESOLUTION NO. 132-23 SETTING THE DATE FOR A PUBLIC HEAR- ING ON IOWA DOT CONSOLIDATED FUND- ING APPLICATION Whereas, the City of Dubuque provides fixed -route and paratransit services for the citi- zens of Dubuque; and Whereas, the Iowa Department of Trans- portation (IDOT) is a pass -through funding en- tity for federal capital and operating funds; and Whereas, the City has historically applied through the IDOT for these funds; and Whereas, the City Council finds that the ap- plying for the funds to be beneficial to the Page 985 of 2498 Book 153 Regular Session, May 1, 2023 170 continued provision of transit service for the cit- izens of Dubuque. Whereas, The Iowa Department of Trans- portation application will include requests and mandatory certifications by the City of Dubu- que as follows: From the State Transit Assistance Pro- gram: 2.06% of formula funds Total: $352,876 From federal funds for transit in non -urban- ized areas and/or for transit serving pri- marily elderly persons and persons with disabilities: $94,449 We understand acceptance of federal transit assistance involves an agreement to comply with certain labor protection provisions. We certify that the City of Dubuque/The Jule has sufficient non-federal funds or sufficient in -kind match to provide re- quired local match for capital projects and at time of delivery will have the funds to operate and maintain vehicles and equip- ment purchased under this contract. We request that State Transit Assistance formula funding be advanced as allowed by law, to improve system cash flow. We authorize Ryan Knuckey, Director of Transportation Services, on behalf of the City Council, to apply for financial assis- tance and to enter into related contract(s) with the Iowa Department of Transporta- tion. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. A public hearing will be held as part of the City Council Meeting on June 5, 2023. The meeting will begin at 6:30 p.m. and will be held in the City Council Chambers of the Historic Federal Building, 350 W 6th Street, Dubuque, Iowa. The purpose of the hearing is to allow public comment on the Consolidated Funding Application. Passed, approved, and adopted this 1 st day of May, 2023. Brad M. Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk 8. Community Development Block Grant Fiscal Year 23 Annual Action Plan Amendment #2 Public Hearing: Upon motion the documents were received and filed, and Resolution No. 133-23 Setting a public hearing on the Fiscal Year 2023 (Program Year 2022) Community Development Block Grant (CDBG) Annual Ac- tion Plan Amendment #2 was adopted, setting a public hearing for a meeting to commence at 6:30 p.m. on June 5, 2023, in the Historic Fed- eral Building. RESOLUTION NO. 133-23 SETTING A PUBLIC HEARING ON THE FIS- CAL YEAR 2023 (PROGRAM YEAR 2022) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN AMENDMENT #2 Whereas, the City of Dubuque, through a series of public meetings and hearings, pro- posed a Fiscal Year 2023 (Program Year 2022) Community Development Block Grant Annual Action Plan for inclusion in the City Budget ad- dressing housing and non -housing needs in the community; and Whereas, the City desires to hold a public hearing to receive comments on the proposed second amendment to the Fiscal Year 2023 (Program Year 2022) Community Develop- ment 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 Cham- bers, 2nd Floor, 350 West 6th Street, Dubuque, Iowa at 6:30 p.m. on June 5, 2023 for the pur- pose of holding a public hearing and taking ac- tion to include the Fiscal Year 2023 (Program Year 2022) Community Development Block Grant Annual Action Plan Amendment #2 in the City Budget. Section 2. That the City Clerk is hereby au- thorized and directed to publish a notice of such public hearing and the City Council's in- tent to review and take action on the Fiscal Year 2023 (Program Year 2022) Community Development Block Grant Annual Plan Amend- ment #2. Passed, approved, and adopted this 1 st day of May, 2023. Brad M. Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk BOARDS/COMMISSIONS Applications were reviewed for the follow- ing Boards and Commissions. Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. i. Equity and Human Rights Commission: One, 3-Year term through January 1, 2024 (Va- cant term of Evans) Applicants: Pamela Birch, 1550 Butterfield Dr.; Michaela Freiburger, 1718 Diane Ct.; Kristen Leffler, 159 Julien Dubuque Dr.; Candace Raymond, 1155 Tressa St.; The- resa Sampson Brown, 2285 Clydesdale Ct.; Nina Streauslin, 3904 Cora Dr. This commis- sion is subject to the State of Iowa Gender Bal- ance Law, §69.16A. 9 Commissioners total; currently 4 males/4 females/ 1 opening. Page 986 of 2498 Book 153 Regular Session, May 1, 2023 171 ii. Long Range Planning Advisory Commis- sion: One, 3-Year term through July 1, 2025 (Vacant term of Krayer) Applicant: Cliff Conrad, 135 West 1711 St. PUBLIC HEARINGS 1. Resolution of Approval for the Proposed Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal Dis- trict, Version 2023.2: Motion by Jones to re- ceive and file the documents and adopt Reso- lution No. 134-23 Approving the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, Version 2023.2. Seconded by Roussell. Motion carried 7-0. RESOLUTION NO. 134-23 APPROVING THE AMENDED AND RE- STATED URBAN RENEWAL PLAN FOR THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT, VERSION 2023.2 Whereas, by Resolution 93-23 on April 3, 2023, the City Council of the City of Dubuque, Iowa authorized the preparation of an Amended and Restated Urban Renewal Plan (the "Amended and Restated Plan, Version 2023.2") for the Greater Downtown Urban Re- newal District (the "District"); and Whereas, the City of Dubuque's primary objective for the Amended and Restated Plan, Version 2023.2, is to provide opportunities which will further economic development pur- poses and objectives and remediate blighting conditions, and to address these objectives, additional projects are being added as de- scribed in the Amended and Restated Plan; and Whereas, a consultation process has been undertaken with affected taxing entities in ac- cordance with Chapter 403 of the Code of Iowa with no written objections or recommended changes to the Amended and Restated Plan, Version 2023.2, received; and Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public hearing on the proposed Amended and Restated Plan, Version 2023.2. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Amended and Restated Urban Renewal Plan, Version 2023.2, for the Greater Downtown Urban Renewal District, on file in the City Clerk's Office and made refer- ence to herein, is hereby approved. Section 2. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and di- rected to file a certified copy of this Resolution in the office of the Dubuque County Auditor. Passed, approved, and adopted this 1 sc day of May, 2023. Brad M. Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk 2. Resolution Approving the Proposed First Amendment to Development Agreement by and between the City of Dubuque and Seippel Warehouse, LLC providing for the issuance of Urban Renewal Tax Increment Revenue Grant Obligations pursuant to the Development Agreement: Motion by Jones to receive and file the documents and adopt Resolution No. 135- 23 Approving the First Amendment to Develop- ment Agreement between the City of Dubuque, Iowa and Seippel Warehouse, LLC. Seconded by Sprank. Motion carried 7-0. RESOLUTION NO. 135-23 APPROVING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND SEIP- PEL WAREHOUSE, LLC Whereas, the City of Dubuque (City) and Seippel Warehouse, LLC (Developer) previ- ously entered into a Development Agreement dated February 20, 2023, for the development of real estate legally described as: Lot 2 of Dubuque Center South First Additions, City of Dubuque, Iowa: (the "Initial Property"); and Whereas, Developer desires to acquire ad- ditional real estate adjoining the Initial Property described as follows: Lot 2 of Lot 3 of Dubuque Industrial Center South First Addition, Dubuque Iowa (the "Wilming Property"); and Lot 2 in Brehm Acres Plat 3, Dubuque, Iowa (the "Brehm Property") (the "Property") all of which shall be combined in a consolidated plat; and Whereas, Developer intends to expand the size of the warehouse to be constructed on the Initial Property, to extend the structure over portions of the Brehm Property and to obtain access to the structure over the Wilming Prop- erty; and Whereas, the parties desire to amend the Development Agreement to include the Wilming Property and the Brehm Property in the definition of Property in the Development Agreement and to otherwise modify the Devel- opment Agreement to accommodate additional property; and Whereas, City and Developer desire to amend the Development Agreement as set forth in the [provided] First Amendment; and Whereas, the City Council held a public hearing on the proposed First Amendment and overruled all objections thereto; and Whereas, the City Council finds that the First Amendment should be approved. Page 987 of 2498 Book 153 Regular Session, May 1, 2023 172 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the First Amendment to De- velopment Agreement by and between the City of Dubuque and Seippel Warehouse, LLC, a copy of which is [provided] hereto, is hereby approved. Section 2. The City Manager is hereby au- thorized and directed to take such action as may be necessary to carry out the Develop- ment Agreement as amended. Passed, approved, and adopted this 1 st day of May, 2023. Brad M. Cavanagh, Mayor Attest: Trish Gleason, Assistant, City Clerk ACTION ITEMS 1. 2023 Ken Kringle Awards Presentation: Motion by Roussell to receive and file the doc- uments and listen to the presentation. Se- conded by Jones. Historic Preservation Com- mission Vice Chairperson Thea Dement and Assistant Planner Chris Olson gave a brief presentation showing the winners of the awards and their projects. Motion carried 7-0. 2. Parks and Recreation Advisory Commis- sion Recommendation for Renaming of the Former Pyatigorsk Park to Jaycee Park: Motion by Resnick to receive and file the documents and discuss amongst council. Seconded by Sprank. The council thanked the Park and Rec- reation Advisory Commission for their hard work and dedication to the process of review- ing all the submissions provided by individuals and organizations and presenting the City Council with a recommendation. A lengthy and detailed council discussion ensued regarding the recommended renaming of the park. Amended motion by Farber to rename the former Pyatigorsk Park to Sister City Interna- tional Park. Seconded by Jones. Motion carried 4-3 with Roussell, Resnick, and Wethal voting nay. 3. Comiskey Park — Phase 1 Redevelop- ment Project: Painting of Basketball Court and Splash Pad Schedule Change: Motion by Sprank to receive and file the documents. Se- conded by Farber. The council thanked Leisure Services Manager Marie Ware for finding cost - saving alternatives and being fiscally responsi- ble. Motion carried 7-0. 4. Sustainable Dubuque Grant Recommen- dations: Motion by Resnick, to receive and file and adopt the resolutions. Seconded by Wethal. Council Member Jones noted that the application from Tri-State Christian School should be disqualified as they are not located within the corporate city limits of Dubuque. Therefore, the resolution entitled "Awarding Sustainable Dubuque Grant to Tri-State Chris- tian School" should not be approved because they are not located within the corporate city limits of Dubuque. Council discussion ensued regarding a previous year's grant that had been awarded to Tri-State Christian School. The council also discussed the policy that the appli- cants must fall within the corporate city limits of Dubuque and adhering to that policy going for- ward. Amended motion by Jones to disqualify Tri- State Christian School's application. Seconded by Farber. Motion carried 6-1 with Resnick vot- ing nay. Mayor Cavanagh restated the motion on the floor as motion by Jones to receive and file the documents and adopt Resolution No. 136- 23 Awarding Sustainable Dubuque Grant to Centrally Rooted Mission, Inc., Resolution No. 137-23 Awarding Sustainable Dubuque Grant to Convivium Urban Farmstead, Resolution No. 138-23 Awarding Sustainable Dubuque Grant to the Four Mounds Foundation, Resolu- tion No. 139-23 Awarding Sustainable Dubu- que Grant to the Nova Elite Youth Basketball, Resolution No. 140-23 Awarding Sustainable Dubuque Grant to St. Mark Youth Enrichment, and Resolution No. 142-23 Awarding Sustain- able Dubuque Grant to the Valentine Park Community Garden. Seconded by Farber. Mo- tion carried 6-1 with Resnick voting nay. RESOLUTION NO. 136-23 AWARDING SUSTAINABLE DUBUQUE GRANT TO CENTRALLY ROOTED MIS- SION, INC. Whereas, the City Council adopts goals on an annual basis; and Whereas, sustainability first appeared as a City Council goal in 2006; and Whereas, in 2010 the City Council adopted the Dubuque Greenhouse Gas (GHG) Inven- tory, the first step in developing a Climate Ac- tion Plan (CAP) for Dubuque; and Whereas, the inventory measured gases emitted by City operations for the baseline year 2003, and again for 2007, and predicted future emissions if business as usual occurred, and provided the City a tool to set emission reduc- tion targets to improve and maintain healthy air quality; and Whereas, a 2014 update to the GHG inven- tory revealed that the community had reduced their GHG emissions 11 % since 2003, and Whereas, the 2019 update to the GHG in- ventory reported a 27% reduction in GHG emissions since 2003; and Whereas, the City Council adopted "The 50% by 2030 Plan" in 2013, and updated the plan in 2020, as a non -binding, voluntary effort to identify opportunities to reduce Dubuque's community greenhouse gas emissions; and Page 988 of 2498 Book 153 Regular Session, May 1, 2023 173 Whereas, The 50% by 2030 Plan is used in the following ways: • Informing officials during goal -setting and budget decisions, • Informing businesses and individuals about potential emission and cost - saving options, • Showcasing success stories, • Providing a roadmap that can be added to or adjusted, and • Exposing from where Dubuque's GHG emissions really come; and Whereas, sustainability has remained a goal; and Whereas, the City Council in 2022 reaf- firmed its commitment to sustainability by adopting the specific goal, "Sustainable En- vironment: Preserving and Enhancing Natural Resources"; and Whereas, the City Council in 2022 reaf- firmed its commitment to sustainability through partnerships by adopting the specific goal, "Partnership for a Better Dubuque: Building Our Community that is Viable, Livable, and Eq- uitable"; and Whereas, the City Council in 2022 reaf- firmed its commitment to sustainability by adopting the specific goal, Livable Neighbor- hoods and Housing: Great Place to Live"; and Whereas, the Sustainable Dubuque Grant program is the intersection of the City's goals related to sustainability, equity, viability, part- nerships, and the creation of housing, which is livable, affordable, and sustainable; and Whereas, the Sustainable Dubuque Grant program meets the needs of the Dubuque com- munity's vision for sustainability; and Whereas, efforts which address a Sustain- able Dubuque principle and offer a community engagement activity or community education activity benefit the entirety of the community and the specifically adopted goals of the City Council; and Whereas, the grant recipients shall pur- chase new equipment and materials to expand programming to allow community members within LMI population to have free access to a music lab and art studio; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to fur- ther sustainability efforts in the community for the benefit of all residents and visitors. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby awards a Sustainable Dubuque Grant to Centrally Rooted Mission, Inc. Section 2. The City Manager or his de- signee shall enter into a grant agreement with Centrally Rooted Mission, Inc. and shall ensure compliance with the grant agreement pursuant to Iowa Code and the grant award require- ments. Passed, approved, and adopted this 1 sc day of May, 2023. Brad M. Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk RESOLUTION NO. 137 - 23 AWARDING SUSTAINABLE DUBUQUE GRANT TO CONVIVIUM URBAN FARM- STEAD Whereas, the City Council adopts goals on an annual basis; and Whereas, sustainability first appeared as a City Council goal in 2006; and Whereas, in 2010 the City Council adopted the Dubuque Greenhouse Gas (GHG) Inven- tory, the first step in developing a Climate Ac- tion Plan (CAP) for Dubuque; and Whereas, the inventory measured gases emitted by City operations for the baseline year 2003, and again for 2007, and predicted future emissions if business as usual occurred, and provided the City a tool to set emission reduc- tion targets to improve and maintain healthy air quality; and Whereas, a 2014 update to the GHG inven- tory revealed that the community had reduced their GHG emissions 11 % since 2003, and Whereas, the 2019 update to the GHG in- ventory reported a 27% reduction in GHG emissions since 2003; and Whereas, the City Council adopted "The 50% by 2030 Plan" in 2013, and updated the plan in 2020, as a non -binding, voluntary effort to identify opportunities to reduce Dubuque's community greenhouse gas emissions; and Whereas, The 50% by 2030 Plan is used in the following ways: • Informing officials during goal -setting and budget decisions, • Informing businesses and individuals about potential emission and cost - saving options, • Showcasing success stories, • Providing a roadmap that can be added to or adjusted, and • Exposing from where Dubuque's GHG emissions really come; and Whereas, sustainability has remained a goal; and Whereas, the City Council in 2022 reaf- firmed its commitment to sustainability by adopting the specific goal, "Sustainable Envi- ronment: Preserving and Enhancing Natural Resources"; and Whereas, the City Council in 2022 reaf- firmed its commitment to sustainability through partnerships by adopting the specific goal, "Partnership for a Better Dubuque: Building Our Community that is Viable, Livable, and Eq- uitable"; and Page 989 of 2498 Book 153 Regular Session, May 1, 2023 174 Whereas, the City Council in 2022 reaf- firmed its commitment to sustainability by adopting the specific goal, Livable Neighbor- hoods and Housing: Great Place to Live"; and Whereas, the Sustainable Dubuque Grant program is the intersection of the City's goals related to sustainability, equity, viability, part- nerships, and the creation of housing, which is livable, affordable, and sustainable; and Whereas, the Sustainable Dubuque Grant program meets the needs of the Dubuque com- munity's vision for sustainability; and Whereas, efforts which address a Sustain- able Dubuque principle and offer a community engagement activity or community education activity benefit the entirety of the community and the specifically adopted goals of the City Council; and Whereas, the grant recipients shall pur- chase new garden tools and equipment to in- crease volunteer safety and maximize hands on volunteer capacity and education for people who want to learn to grow their own food within the community; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to fur- ther sustainability efforts in the community for the benefit of all residents and visitors. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby awards a Sustainable Dubuque Grant to the Convivium Urban Farmstead. Section 2. The City Manager or his de- signee shall enter into a grant agreement with Convivium Urban Farmstead and shall ensure compliance with the grant agreement pursuant to Iowa Code and the grant award require- ments. Passed, approved, and adopted this 1 sc day of May, 2023. Brad M. Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk RESOLUTION NO. 138-23 AWARDING SUSTAINABLE DUBUQUE GRANT TO THE FOUR MOUNDS FOUNDA- TION Whereas, the City Council adopts goals on an annual basis; and Whereas, sustainability first appeared as a City Council goal in 2006; and Whereas, in 2010 the City Council adopted the Dubuque Greenhouse Gas (GHG) Inven- tory, the first step in developing a Climate Ac- tion Plan (CAP) for Dubuque; and Whereas, the inventory measured gases emitted by City operations for the baseline year 2003, and again for 2007, and predicted future emissions if business as usual occurred, and provided the City a tool to set emission reduc- tion targets to improve and maintain healthy air quality; and Whereas, a 2014 update to the GHG inven- tory revealed that the community had reduced their GHG emissions 11 % since 2003, and Whereas, the 2019 update to the GHG in- ventory reported a 27% reduction in GHG emissions since 2003; and Whereas, the City Council adopted "The 50% by 2030 Plan" in 2013, and updated the plan in 2020, as a non -binding, voluntary effort to identify opportunities to reduce Dubuque's community greenhouse gas emissions; and Whereas, The 50% by 2030 Plan is used in the following ways: • Informing officials during goal -setting and budget decisions, • Informing businesses and individuals about potential emission and cost - saving options, • Showcasing success stories, • Providing a roadmap that can be added to or adjusted, and • Exposing from where Dubuque's GHG emissions really come; and Whereas, sustainability has remained a goal; and Whereas, the City Council in 2022 reaf- firmed its commitment to sustainability by adopting the specific goal, "Sustainable En- vironment: Preserving and Enhancing Natural Resources"; and Whereas, the City Council in 2022 reaf- firmed its commitment to sustainability through partnerships by adopting the specific goal, "Partnership for a Better Dubuque: Building Our Community that is Viable, Livable, and Eq- uitable"; and Whereas, the City Council in 2022 reaf- firmed its commitment to sustainability by adopting the specific goal, Livable Neighbor- hoods and Housing: Great Place to Live"; and Whereas, the Sustainable Dubuque Grant program is the intersection of the City's goals related to sustainability, equity, viability, part- nerships, and the creation of housing, which is livable, affordable, and sustainable; and Whereas, the Sustainable Dubuque Grant program meets the needs of the Dubuque com- munity's vision for sustainability; and Whereas, efforts which address a Sustain- able Dubuque principle and offer a community engagement activity or community education activity benefit the entirety of the community and the specifically adopted goals of the City Council; and Whereas, the grant recipients shall hire an environmental intern to assist with updating land stewardship planning for endangered spe- cies and increase capacity to provide opportu- nities to educate the community; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to Page 990 of 2498 Book 153 Regular Session, May 1, 2023 175 further sustainability efforts in the community for the benefit of all residents and visitors. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby awards a Sustainable Dubuque Grant to the Four Mounds Foundation. Section 2. The City Manager or his de- signee shall enter into a grant agreement with the Four Mounds Foundation and shall ensure compliance with the grant agreement pursuant to Iowa Code and the grant award require- ments. Passed, approved, and adopted this 1 st day of May 2023. Brad M. Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk RESOLUTION NO. 139-23 AWARDING SUSTAINABLE DUBUQUE GRANT TO THE NOVA ELITE YOUTH BAS- KETBALL Whereas, the City Council adopts goals on an annual basis; and WHEREAS, sustainability first appeared as a City Council goal in 2006; and Whereas, in 2010 the City Council adopted the Dubuque Greenhouse Gas (GHG) Inven- tory, the first step in developing a Climate Ac- tion Plan (CAP) for Dubuque; and Whereas, the inventory measured gases emitted by City operations for the baseline year 2003, and again for 2007, and predicted future emissions if business as usual occurred, and provided the City a tool to set emission reduc- tion targets to improve and maintain healthy air quality; and Whereas, a 2014 update to the GHG inven- tory revealed that the community had reduced their GHG emissions 11 % since 2003, and Whereas, the 2019 update to the GHG in- ventory reported a 27% reduction in GHG emissions since 2003; and Whereas, the City Council adopted "The 50% by 2030 Plan" in 2013, and updated the plan in 2020, as a non -binding, voluntary effort to identify opportunities to reduce Dubuque's community greenhouse gas emissions; and Whereas, The 50% by 2030 Plan is used in the following ways: • Informing officials during goal -setting and budget decisions, • Informing businesses and individuals about potential emission and cost - saving options, • Showcasing success stories, • Providing a roadmap that can be added to or adjusted, and • Exposing from where Dubuque's GHG emissions really come; an Whereas, sustainability has remained a goal; and Whereas, the City Council in 2022 reaf- firmed its commitment to sustainability by adopting the specific goal, "Sustainable Envi- ronment: Preserving and Enhancing Natural Resources"; and Whereas, the City Council in 2022 reaf- firmed its commitment to sustainability through partnerships by adopting the specific goal, "Partnership for a Better Dubuque: Building Our Community that is Viable, Livable, and Eq- uitable"; and Whereas, the City Council in 2022 reaf- firmed its commitment to sustainability by adopting the specific goal, Livable Neighbor- hoods and Housing: Great Place to Live"; and Whereas, the Sustainable Dubuque Grant program is the intersection of the City's goals related to sustainability, equity, viability, part- nerships, and the creation of housing, which is livable, affordable, and sustainable; and Whereas, the Sustainable Dubuque Grant program meets the needs of the Dubuque com- munity's vision for sustainability; and Whereas, efforts which address a Sustain- able Dubuque principle and offer a community engagement activity or community education activity benefit the entirety of the community and the specifically adopted goals of the City Council; and Whereas, the grant recipients shall award scholarships to students who need financial help to allow them the opportunity to gain ex- perience and be part of a traveling basketball team; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to fur- ther sustainability efforts in the community for the benefit of all residents and visitors. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby awards a Sustainable Dubuque Grant to the Nova Elite Youth Basketball. Section 2. The City Manager or his de- signee shall enter into a grant agreement with the Nova Elite Youth Basketball and shall en- sure compliance with the grant agreement pur- suant to Iowa Code and the grant award re- quirements. Passed, approved, and adopted this 17th day of April 2023. Brad M. Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk RESOLUTION NO. 140-23 AWARDING SUSTAINABLE DUBUQUE GRANT TO ST. MARK YOUTH ENRICH- MENT Whereas, the City Council adopts goals on an annual basis; and Whereas, sustainability first appeared as a Page 991 of 2498 Book 153 Regular Session, May 1, 2023 176 City Council goal in 2006; and Whereas, in 2010 the City Council adopted the Dubuque Greenhouse Gas (GHG) Inven- tory, the first step in developing a Climate Ac- tion Plan (CAP) for Dubuque; and Whereas, the inventory measured gases emitted by City operations for the baseline year 2003, and again for 2007, and predicted future emissions if business as usual occurred, and provided the City a tool to set emission reduc- tion targets to improve and maintain healthy air quality; and Whereas, a 2014 update to the GHG inven- tory revealed that the community had reduced their GHG emissions 11 % since 2003, and Whereas, the 2019 update to the GHG in- ventory reported a 27% reduction in GHG emissions since 2003; and Whereas, the City Council adopted "The 50% by 2030 Plan" in 2013, and updated the plan in 2020, as a non -binding, voluntary effort to identify opportunities to reduce Dubuque's community greenhouse gas emissions; and Whereas, The 50% by 2030 Plan is used in the following ways: • Informing officials during goal -setting and budget decisions, • Informing businesses and individuals about potential emission and cost - saving options, • Showcasing success stories, • Providing a roadmap that can be added to or adjusted, and • Exposing from where Dubuque's GHG emissions really come; and Whereas, sustainability has remained a goal; and Whereas, the City Council in 2022 reaf- firmed its commitment to sustainability by adopting the specific goal, "Sustainable Envi- ronment: Preserving and Enhancing Natural Resources"; and Whereas, the City Council in 2022 reaf- firmed its commitment to sustainability through partnerships by adopting the specific goal, "Partnership for a Better Dubuque: Building Our Community that is Viable, Livable, and Eq- uitable"; and Whereas, the City Council in 2022 reaf- firmed its commitment to sustainability by adopting the specific goal, Livable Neighbor- hoods and Housing: Great Place to Live"; and Whereas, the Sustainable Dubuque Grant program is the intersection of the City's goals related to sustainability, equity, viability, part- nerships, and the creation of housing, which is livable, affordable, and sustainable; and Whereas, the Sustainable Dubuque Grant program meets the needs of the Dubuque com- munity's vision for sustainability; and Whereas, efforts which address a Sustain- able Dubuque principle and offer a community engagement activity or community education activity benefit the entirety of the community and the specifically adopted goals of the City Council; and Whereas, the grant recipients shall provide hands on enrichment opportunities and pro- grams for a 5-week summer camp for approxi- mately 90 children that focus on holistic con- nections to nature; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to fur- ther sustainability efforts in the community for the benefit of all residents and visitors. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby awards a Sustainable Dubuque Grant to St. Mark Youth Enrichment. Section 2. The City Manager or his de- signee shall enter into a grant agreement with St. Mark Youth Enrichment and shall ensure compliance with the grant agreement pursuant to Iowa Code and the grant award require- ments. Passed, approved, and adopted this 1 sc day of May 2023. Brad M. Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk RESOLUTION NO. 142-23 AWARDING SUSTAINABLE DUBUQUE GRANT TO THE VALENTINE PARK COM- MUNITY GARDEN Whereas, the City Council adopts goals on an annual basis; and Whereas, sustainability first appeared as a City Council goal in 2006; and Whereas, in 2010 the City Council adopted the Dubuque Greenhouse Gas (GHG) Inven- tory, the first step in developing a Climate Ac- tion Plan (CAP) for Dubuque; and Whereas, the inventory measured gases emitted by City operations for the baseline year 2003, and again for 2007, and predicted future emissions if business as usual occurred, and provided the City a tool to set emission reduc- tion targets to improve and maintain healthy air quality; and Whereas, a 2014 update to the GHG inven- tory revealed that the community had reduced their GHG emissions 11 % since 2003, and Whereas, the 2019 update to the GHG in- ventory reported a 27% reduction in GHG emissions since 2003; and Whereas, the City Council adopted "The 50% by 2030 Plan" in 2013, and updated the plan in 2020, as a non -binding, voluntary effort to identify opportunities to reduce Dubuque's community greenhouse gas emissions; and Whereas, The 50% by 2030 Plan is used in the following ways: Page 992 of 2498 Book 153 Regular Session, May 1, 2023 177 • Informing officials during goal -setting and budget decisions, • Informing businesses and individuals about potential emission and cost - saving options, • Showcasing success stories, • Providing a roadmap that can be added to or adjusted, and • Exposing from where Dubuque's GHG emissions really come; and Whereas, sustainability has remained a goal; and Whereas, the City Council in 2022 reaf- firmed its commitment to sustainability by adopting the specific goal, "Sustainable Envi- ronment: Preserving and Enhancing Natural Resources"; and Whereas, the City Council in 2022 reaf- firmed its commitment to sustainability through partnerships by adopting the specific goal, "Partnership for a Better Dubuque: Building Our Community that is Viable, Livable, and Eq- uitable"; and Whereas, the City Council in 2022 reaf- firmed its commitment to sustainability by adopting the specific goal, Livable Neighbor- hoods and Housing: Great Place to Live"; and Whereas, the Sustainable Dubuque Grant program is the intersection of the City's goals related to sustainability, equity, viability, part- nerships, and the creation of housing, which is livable, affordable, and sustainable; and Whereas, the Sustainable Dubuque Grant program meets the needs of the Dubuque com- munity's vision for sustainability; and Whereas, efforts which address a Sustain- able Dubuque principle and offer a community engagement activity or community education activity benefit the entirety of the community and the specifically adopted goals of the City Council; and Whereas, the grant recipients shall replace a deer fence around the community garden to better protect against animals and expand and enclose additional garden area for vine grow- ing; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to fur- ther sustainability efforts in the community for the benefit of all residents and visitors. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby awards a Sustainable Dubuque Grant to the Valentine Park Community Garden. Section 2. The City Manager or his de- signee shall enter into a grant agreement with the Valentine Park Community Garden and shall ensure compliance with the grant agree- ment pursuant to Iowa Code and the grant award requirements. Passed, approved, and adopted this 1 sc day of May 2023. Brad M. Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk 5. Agreement with CC15, LLC — Right of Way/Land Transfers at the intersection of Bies Drive, Sylvan Drive and Century Drive: Motion by Roussell to receive and file the documents and adopt Resolution No. 143-23 Approving an Agreement between the City of Dubuque, Iowa and CC15, LLC. Seconded by Sprank. Motion carried 7-0. RESOLUTION NO. 143-23 APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND CC15, LLC. Whereas, CC15 is the owner of the property legally described as: Lot 1 of Roger F. & Kathleen A. Klauer Family Place, in the City of Dubuque, Iowa, according to the recorded plat thereof and as shown on Exhibit A of the [provided] Agreement (the Real Es- tate); and Whereas, City is the owner of the abutting right-of-way as shown on Exhibit A of the [pro- vided] Agreement; and Whereas, in the future City intends to re- construct the intersection of Bies Drive, Sylvan Drive and Century Drive, which reconstruction will include roadway improvements, sidewalk installation, and utility improvements (the Fu- ture Project); and Whereas, City has determined that the Fu- ture Project will relocate the alignment of Cen- tury Drive which will require acquisition of addi- tional right-of-way by City from CC15; and Whereas, CC15 is willing to dedicate the necessary additional right-of-way to City; and Whereas, the Future Project concept does not show a need for the existing excess cul-de- sac right-of-way area on the east side of the in- tersection and the area abuts the CC15 prop- erty on Bies Drive; and Whereas, City is willing to vacate the ex- cess cul-de-sac right-of-way to CC15; and Whereas, the parties have agreed the land transfers as part of the Future Project are sub- stantially equivalent in value; and Whereas, via the [provided] agreement, the parties have come to terms as set forth herein for how to best effectuate the components of the Future Project to maximize the benefits to each party and the residents and visitors to Dubuque. Whereas, CC15, LLC has executed the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Page 993 of 2498 Book 153 Section 1. The Agreement [provided] hereto is hereby approved. Section 2. The City Manager is authorized and directed to execute the Agreement on be- half of the City of Dubuque. Passed, approved, and adopted this 1 st day of May 2023. Brad M. Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk 6. National Endowment for the Arts (NEA) Local Arts Agency (LAA) American Rescue Plan Act (ARPA) Creative Empowerment Sub - grant Funding Recommendation for Round 1: Motion by Jones to receive and file the docu- ments and approve. Seconded by Roussell. Motion carried 7-0. 7. Proposed 14th Amendment to Master Co - location and Shared Services Agreement be- tween the City of Dubuque and ImOn Commu- nications LLC: Motion by Farber to receive and file the documents and approve. Seconded by Jones. Motion carried 7-0. 8. Cancel May 15, 2023, Sustainable Dubu- que Work Session: Motion by Jones to receive and file the documents and cancel the work session as recommended. Seconded by Rous- sell. Motion carried 7-0. 9. FLOCK Safety Automated License Plate Reader Presentation - Time Change for May 15, 2023, Work Session: Motion by Jones to receive and file the documents and change the time of the May 15, 2023, work session to 5:45 p.m. Seconded by Sprank. Motion carried 7-0. 10. Work Session Request: Speed Study Data related to Automated Speed Enforcement Recommendation: Motion by Roussell to re- ceive and file the documents and schedule the work session for Tuesday, June 20, 2023, at 5:30 p.m. Seconded by Sprank. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Roussell reported on at- tending the Dubuque Federation of Labor Tem- ple speaking at the Worker Memorial where they read the names of 50 individuals who died in the workplace. Ms. Roussell advised every- one to work together to make workspaces a safe space. Mayor Cavanagh reported on attending the Julien Dubuque International Film Festival, stating that it is a great expression of film and art and an affirmation that what Dubuque is do- ing for the arts in the community is registering with people outside of our community. lar Session, May 1, 2023 178 CLOSED SESSION Motion by Jones to convene in closed ses- sion at 8:32 p.m. to discuss Purchase or Sale of Real Estate — Chapter 21.5(1)(j) Code of Iowa. Seconded by Wethal. Mayor Cavanagh stated for the record that the attorney who will consult with City Council on the issues to be discussed in the closed session is City Attorney Crenna Brumwell. Motion carried 7-0. Upon motion, the City Council reconvened in open session at 9:49 p.m. stating that staff had been given proper direction. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 9:51 p.m. /s/Trish L. Gleason, MMC, Assistant City Clerk Page 994 of 2498 Book 153 Special Session, May 15, 2023 179 CITY OF DUBUQUE, IOWA sharing, and auditing; and what occurs with the CITY COUNCIL PROCEEDINGS data if an individual is arrested on a warrant. Responding to a question regarding next steps, SPECIAL SESSION Chief Jensen stated that the city must update OFFICIAL its camera policy to address City Council con- cerns and user parameters. The Dubuque City Council met in special session at 5:00 p.m. on May 15, 2023, in the There being no further business, Mayor second -floor Council Chambers of the Historic Cavanagh declared the meeting adjourned at Federal Building, 350 W. 6"' Street. 6:27 p.m. Present: Mayor Cavanagh; Council Mem- /s/Adrienne N. Breitfelder, City Clerk bers Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attor- ney Brumwell. Mayor Cavanagh read the call and stated this is a special session of the City Council called for the purpose of conducting work ses- sions on a Brownfield Site Conceptual Revi- sioning Plan and the Flock Safety Automated License Plate reader system. WORK SESSIONS 2 1. Flexsteel Industries Brownfield Site Con- ceptual Revisioning Plan: Economic Develop- ment Director Jill Connors introduced Dan Fox, Senior Planner with East Central Intergovern- mental Association (ECIA), who presented a Brownfield Site Conceptual Revisioning Plan that ECIA prepared at city staffs request for the former Flexsteel site located at 3400 Jackson Street in Dubuque. Mr. Fox and Emily Smart of Blackstone Environmental responded to ques- tions from the City Council regarding the cost and timeframes of environmental studies. Re- sponding to questions from the City Council, City Manager Van Milligen stated that the prop- erty is privately owned by Flexsteel except for the wetlands they intend to donate to the Dubu- que County Conservation Board and that there may be city incentives for certain develop- ments on the property. City Manager Van Milli- gen also stated that the environmental study results may lead to restrictions on certain de- velopments in specific areas of the property. City Council Members emphasized that the plan is not finalized and confirmed with the pre- senters that developers could initiate conversa- tions with Flexsteel regarding the property at any time. This work session concluded at 5:41 p.m. 2. Flock Safety Automated License Plate Reader Presentation: Chief of Police Jeremy Jensen and Hector Soliman-Valdez, Senior Community Affairs Manager with Flock Safety, presented on the Flock Automated License Plate Reader system. The presenters re- sponded to questions from the City Council re- garding data storage, reliability, access, Page 995 of 2498 Book 153 Regular Session, May 15, 2023 180 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on May 15, 2023, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6"' Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attor- ney Brumwell. Mayor Cavanagh read the call and stated this is a regular session of the City Council called for the purpose of conducting such busi- ness that may properly come before the City Council. PLEDGE OF ALLEGIANCE PRESENTATION(S) 1. ICMA YSEALI Fellow Presentation: As- sistant City Manager Cori Burbach introduced ICMA YSEALI Fellow Dr. Tuan Tung, who made some brief remarks regarding his fellow- ship in Dubuque. 2. 2023 Employee SPIRIT Awards Recog- nition Assistant City Manager Cori Burbach made a presentation on the 2023 City of Dubu- que SPIRIT Awards and recognized the award recipients. PROCLAMATION(S) 1. Salvation Army Week (May 15-21, 2023) was accepted by Captain David Amick on be- half of the Dubuque Salvation Army. 2. Kids to Parks Day (May 20, 2023) was accepted by Park Division Manager Steve Fehsal on behalf of the Leisure Services De- partment. 3. Public Works Week (May 21-27, 2023) was accepted by Public Works Director John Klostermann on behalf of the Public Works De- partment. 4. LGBTQ+ Pride Month (June 2023) was accepted by Multicultural Family Center Assis- tant Director Sarah Peterson on behalf of the Multicultural Family Center's Family Pride Pic- nic Committee. CONSENT ITEMS Mayor Cavanagh requested Item No. 18 be held for separate discussion. Motion by Res- nick to receive and file the documents, adopt the resolutions, and dispose of as indicated ex- cept for Item No. 18. Seconded by Jones. Mo- tion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 5/1/23; Civil Service Commission of 5/3/23; Library Board of Trus- tees Update of 4/27/23; Long Range Planning Advisory Commission of 4/19/23; Proof of Pub- lication for City Council Proceedings of 4/17/23. Upon motion the documents were re- ceived and filed. 2. Notice of Claims and Suits: Kevin Ehrlich for property damage. Upon motion the docu- ments were received, filed, and referred to the City Attorney. 3. Disposition of Claims: City Attorney ad- vised that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Kevin Ehrlich for property damage. Upon motion the documents were received, filed, and concurred. 4. Approval of City Expenditures: Upon mo- tion the documents were received and filed, and Resolution No. 144-23 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. 144-23 AUTHORIZING THE CHIEF FINANCIAL OF- FICER / CITY TREASURER TO MAKE CER- TAIN 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 gen- erally accepted internal control procedures and have been determined to have been requisi- tioned for a lawful municipal purpose; and Whereas, the Chief Financial Officer -City Treasurer has provided a list of Expenditures [provided] hereto, and by this reference made a part hereof, to be drawn to pay for goods and services provided for City purposes; and Page 996 of 2498 Book 153 Regular Session, May 15, 2023 181 Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142-18 adopted May 7, 2018, authorized the Chief Fi- nancial Officer -City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is [provided] 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 pay- ment 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 ac- cordance with approved budget appropria- tions. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Chief Fi- nancial Officer are hereby authorized and di- rected to provide the statement of receipts and disbursements to the City Council, and to pub- lish a summary thereof. Passed, approved, and adopted this 15th day of May, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Four Mounds Foundation Historical Re- source Development Program (HRDP) Grant Submission for Four Mounds Foundation Na- tional Register of Historic Places Update: City Manager shared information with City Council that the Four Mounds Foundation applied for a grant related to the city owned Four Mounds Park that would allow for Four Mounds to amend and update its National Register of His- toric Places Nomination to include a statewide significant designation, as well as to include the 1953 Pine Block Cabin on the site nicknamed "Marvin Gardens". Upon motion the documents were received and filed. 6. Brownfield Conceptual Redevelopment Plan for 3400 Jackson Street (former Flexsteel Industries Site): Upon motion the documents were received and filed. 7. Third Amendment to Development Agreement Between the City of Dubuque and Port of Dubuque LLC: Upon motion the docu- ments were received and filed, and Resolution No. 145-23 Approving a Third Amendment to Development Agreement by and between the City of Dubuque, Iowa and Port of Dubuque LLC was adopted. RESOLUTION NO. 145-23 APPROVING A THIRD AMENDMENT TO DE- VELOPMENT AGREEMENT BY AND BE- TWEEN THE CITY OF DUBUQUE, IOWA, AND PORT OF DUBUQUE LLC Whereas, the City of Dubuque and Port of Dubuque LLC entered into a Development Agreement dated for reference purposes No- vember 18, 2019 for the development of prop- erty located at 480 Ice Harbor Drive in the City of Dubuque, Iowa (the Property); and Whereas, City and Developer desire to amend the Development Agreement as set forth in the Third Amendment to Development Agreement [provided] hereto extending the Closing Date to July 31, 2023; and Whereas, it is the determination of the City Council that approval of the Third Amendment to Development Agreement, for the develop- ment of the Property by Port of Dubuque LLC according to the terms and conditions set out in the Third Amendment to Development 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 Third Amendment to Development Agreement by and between the City of Dubuque and Port of Dubuque LLC, a copy of which is [provided] hereto, is hereby approved. Section 2. That the Mayor is hereby author- ized and directed to execute the Third Amend- ment to Development Agreement on behalf of the City of Dubuque and the City Clerk is au- thorized and directed to attest to his signature. Section 3. That the City Manager is author- ized to take such actions as are necessary to comply with the terms of the Second Amend- ment to Development Agreement as herein ap- proved. Passed, approved, and adopted this 151' day of May, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 8. Addendum to Approved Purchase Agreement for Disposition of City -Owned Prop- erty at 2407 Queen Street: Upon motion the documents were received and filed, and Reso- lution No. 146-23 Adding the FHA Amendatory Clause and Real Estate Certification to the Pur- chase Agreement for 2407 Queen Street was adopted. RESOLUTION NO. 146-23 ADDING THE FHA AMENDATORY CLAUSE AND REAL ESTATE CERTIFICATION TO THE PURCHASE AGREEMENT FOR 2407 QUEEN STREET Whereas, the City Council, by Resolution No. 118-23, dated April 17, 2023, approved the purchase agreement, and executed the Spe- cial Warranty Deed to sell to Melissa Sarazin the property located at 2407 Queen Street (the Property) legally described as: Page 997 of 2498 Book 153 Regular Session, May 15, 2023 182 Lot 2 of Lot 70 in Plat of Lots 70, 71 and 72 Additional to Stafford's Addition; and Lot 1 of the Subdivision of Lot 69 in Staf- ford's Addition, being Mineral Lot 321 in the City of Dubuque, Iowa, according to the recorded plat thereof; and Whereas, the purchaser requests to add an FHA Amendatory Clause to the purchase agreement to meet the financing requirement for an FHA loan, which alters the original pur- chase agreement; and Whereas, it is the determination of the City Council that the addition and approval of the FHA Amendatory Clause and Real Estate Cer- tification to the purchase agreement for the sale to Melissa Sarazin according to the terms and conditions set out within is in the public in- terest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The FHA Amendatory Clause is added to the purchase agreement by and be- tween the City of Dubuque and Melissa Sarazin for the sale of the Property, a copy [provided] hereto, is hereby approved. Section 2. The Housing and Community Development Department Director is author- ized to execute the FHA Amendatory Clause and Real Estate Disclosure. Passed, approved, and adopted this 15'h day of May 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 9. Second Amendment to Community De- velopment Block Grant (CDBG) Subrecipient Agreement between the City of Dubuque and Dubuque Community YMCA/YWCA Domestic Violence Shelter: Upon motion the documents were received and filed, and Resolution No. 147-23 Authorizing the Second Amendment to the CDBG Subrecipient Agreement between the City of Dubuque and Dubuque Community YMCA/YWCA was adopted. RESOLUTION NO. 147-23 AUTHORIZING THE SECOND AMENDMENT TO THE CDBG SUBRECIPIENT AGREE- MENT BETWEEN THE CITY OF DUBUQUE AND DUBUQUE COMMUNITY YMCA/YWCA Whereas, the City of Dubuque and Dubu- que Community YMCA/YWCA entered into a CDBG Subrecipient Agreement dated July 6, 2021 with respect to rehab the Domestic Vio- lence Shelter; and Whereas, the parties desire to modify the Subrecipient Agreement as set out in the Sec- ond Amendment to the Subrecipient Agree- ment [provided] hereto; and Whereas, the Dubuque Community YMCA/YWCA provides services to a majority low to moderate -income individuals and serve a group primarily presumed to be LMI such as battered spouses and homeless persons. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Second Amendment to the CDBG Subrecipient Agreement be ap- proved. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute said Amendment on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 15'h day of May 2023. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 10. Acceptance of U.S. Department of Ag- riculture (USDA) Office of Urban Agriculture and Innovative Production Grant: Upon motion the documents were received and filed, and Resolution No. 148-23 Accepting USDA Office of Urban Agriculture and Innovative Production Grant was adopted. RESOLUTION NO. 148-23 ACCEPTING USDA OFFICE OF URBAN AG- RICULTURE AND INNOVATIVE PRODUC- TION GRANT Whereas, the City of Dubuque Housing and Community Development Department is con- vening community stakeholders around food access, production, and distribution to low/mod-income households; and Whereas, the City of Dubuque applied for and received a United States Department of Agriculture Urban Agriculture and Innovative Production Competitive Grants in the amount of $300,000, with a term until April 30, 2025; and Whereas, the Housing and Community De- velopment Department intends to implement a project for emerging food production technolo- gies and developing fellowships for low/moder- ate income individuals for hands-on learning of these systems. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the grant agreement with the USDA is accepted. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to designate the City Manager or the Housing and Community Development Department Director to execute the grant documents on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 15th day of May 2023. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk Page 998 of 2498 Book 153 Regular Session, May 15, 2023 183 11. Chavenelle Road Hike Bike Trail Phase 2: Recommendation for Acceptance: Upon mo- tion the documents were received and filed, and Resolution No. 149-23 Accepting the Cha- venelle Road Hike Bike Trail Phase 2 Project and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 149-23 ACCEPTING THE CHAVENELLE ROAD HIKE BIKE TRAIL PHASE 2 PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRAC- TOR Whereas, the Public Improvement Contract for the Chavenelle Road Hike Bike Trail Phase 2 (the Project) has been completed by the con- tractor, 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 $399,242.51; and Whereas, the Contractor has previously been paid $387,265.23, leaving a balance of $11,977.27; 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 DUBU- QUE, IOWA: Section 1. The recommendation of the City Engineer is approved, and the Project is hereby accepted. Section 2. The Director of Finance and Budget is hereby directed to pay the balance of the retainage of $11,977.27 as provided in Iowa Code chapter 573, and to pay such re- tainage in accordance with the provisions of Iowa Code chapter 573 or Iowa chapter 26.13. Passed, approved, and adopted this 15th day of May 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 12. Acceptance of Grant of Easement for Ingress/Egress and Sidewalk from Joyce M. Tricarico and Michael Tricarico over private property at 2405 Queen Street in Dubuque: Upon motion the documents were received and filed, and Resolution No. 150-23 Accepting a Grant of Easement for Ingress/Egress and Sidewalk over and across part of Lot 1-70 in Stafford's Addition, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 150-23 ACCEPTING A GRANT OF EASEMENT FOR INGRESS/EGRESS AND SIDEWALK OVER AND ACROSS PART OF LOT 1-70 IN STAF- FORD'S ADDITION, IN THE CITY OF DUBU- QUE, IOWA Whereas, Joyce M. Tricarico and Michael Tricarico have executed a Grant of Easement for Ingress/Egress and Sidewalk over and across Part of Lot 1-70 in Stafford's Addition, in the City of Dubuque, 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 Grant of Easement for Grant of Easement for Ingress/Egress and Sidewalk over and across Part of Lot 1-70 in Stafford's Addition, in the City of Dubuque, Iowa, from Joyce M. Tricarico and Michael Tri- carico, a copy of which is [provided] 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. That the City Clerk be and is hereby authorized and directed to record a cer- tified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved, and adopted this 15th day of May 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 13. City of Dubuque and Interstate Power and Light Company Memorandum of Under- standing Potential Purchase of Excess Prop- erty at Former Power Plant Site: Upon motion the documents were received and filed, and Resolution No. 151-23 Approving a Memoran- dum of Understanding between the City of Dubuque and the Interstate Power and Light Company (IPL) for the potential purchase of excess property at the former Power Genera- tion Plant Site on 7ch Street was adopted. RESOLUTION NO. 151-23 APPROVING A MEMORANDUM OF UNDER- STANDING BETWEEN THE CITY OF DUBU- QUE AND THE INTERSTATE POWER AND LIGHT COMPANY (IPL) FOR THE POTEN- TIAL PURCHASE OF EXCESS PROPERTY AT THE FORMER POWER GENERATION PLANT SITE ON 7T" STREET Whereas, City and Interstate Power and Light Company (IPL) wish to memorialize pre- liminary terms that could result in the execution of an offer to purchase potential excess prop- erty (the "Real Estate") on and through the AI- liant Energy (IPL) former Power Generation Plant site on 7th Street located in Dubuque County, Iowa; and Whereas, City wishes to purchase the Real Estate from IPL upon terms and conditions ac- ceptable to City in its sole discretion; and Whereas, IPL and City have agreed that IPL shall solicit proposals from a minimum of Page 999 of 2498 Book 153 Regular Session, May 15, 2023 184 three Licensed Land Surveyors and IPL and City shall mutually agree upon one of the Sur- veyors to complete the survey plats of the Real Estate and City has agreed that if City does not purchase the Real Estate, City shall reimburse IPL for one half of the survey expenses; and Whereas, IPL and City have agreed that IPL shall solicit proposals from a minimum of three Licensed Appraisers and IPL and City shall mutually agree upon one of the Apprais- ers to complete the appraisal of the Real Estate (the "Appraisal") and City has agreed that if City does not purchase the Real Estate, City shall reimburse IPL for one half of the Appraisal costs; and Whereas, Upon completion, IPL shall pro- vide the Survey and Appraisal to City for re- view. Not less than thirty (30), City shall either (a) provide written notice to IPL that City does not intend to purchase the Real Estate; or (b) provide written notice to IPL that City does in- tend to purchase the Real Estate upon such terms and conditions as City approves in its sole discretion in the Offer; and Whereas, Initial costs of the Survey and Appraisal shall be paid by IPL. If City closes on the purchase of the Real Estate, 50% of the Survey costs and 50% of the Appraisal costs shall be added to the purchase price at closing. If City does not close on the purchase of the Real Estate, City shall reimburse IPL for 50% of the Survey costs and 50% of the Appraisal costs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Memorandum of Under- standing Agreement is hereby approved. Section 2. The City Manager is hereby au- thorized to execute the Memorandum of Un- derstanding Agreement between the City and Interstate Power and Light Company (IPL) for the potential purchase of excess property at the former Power Generation Plant site on 7th Street. Passed, approved, and adopted this 15th day of May 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 14. Iowa Amphitheater on Schmitt Island Project: Request to Distribute RFQ and Create an RFQ Review Committee: Upon motion the documents were received, filed, and approved. 15. Signed Contract(s): Gronen Restora- tion, Inc. for use of a Licensed Area; Origin De- sign Co. for the Old Highway Road Water Main Connection Loop. Upon motion the documents were received and filed. 16. Sustainable Dubuque Community Grant Award Recommendation: Upon motion the documents were received and filed, and Resolution No. 152-23 Awarding additional Sustainable Dubuque grant funding to various organizations was adopted. RESOLUTION NO. 152-23 AWARDING ADDITIONAL SUSTAINABLE DUBUQUE GRANT FUNDING TO VARIOUS ORGANIZATIONS Whereas, the City Council adopts goals on an annual basis; and Whereas, sustainability first appeared as a City Council goal in 2006; and Whereas, in 2010 the City Council adopted the Dubuque Greenhouse Gas (GHG) Inven- tory, the first step in developing a Climate Ac- tion Plan (CAP) for Dubuque; and Whereas, the inventory measured gases emitted by City operations for the baseline year 2003, and again for 2007, and predicted future emissions if business as usual occurred, and provided the City a tool to set emission reduc- tion targets to improve and maintain healthy air quality; and Whereas, a 2014 update to the GHG inven- tory revealed that the community had reduced their GHG emissions 11 % since 2003, and Whereas, the 2019 update to the GHG in- ventory reported a 27% reduction in GHG emissions since 2003; and Whereas, the City Council adopted "The 50% by 2030 Plan" in 2013, and updated the plan in 2020, as a non -binding, voluntary effort to identify opportunities to reduce Dubuque's community greenhouse gas emissions; and Whereas, The 50% by 2030 Plan is used in the following ways: • Informing officials during goal -setting and budget decisions, • Informing businesses and individuals about potential emission and cost - saving options, • Showcasing success stories, • Providing a roadmap that can be added to or adjusted, and • Exposing from where Dubuque's GHG emissions really come; and Whereas, sustainability has remained a goal; and Whereas, the City Council in 2022 reaf- firmed its commitment to sustainability by adopting the specific goal, "Sustainable Envi- ronment: Preserving and Enhancing Natural Resources"; and Whereas, the City Council in 2022 reaf- firmed its commitment to sustainability through partnerships by adopting the specific goal, "Partnership for a Better Dubuque: Building Our Community that is Viable, Livable, and Eq- uitable"; and Page 1000 of 2498 Book 153 Regular Session, May 15, 2023 185 Whereas, the City Council in 2022 reaf- firmed its commitment to sustainability by adopting the specific goal, Livable Neighbor- hoods and Housing: Great Place to Live"; and Whereas, the Sustainable Dubuque Grant program is the intersection of the City's goals related to sustainability, equity, viability, part- nerships, and the creation of housing, which is livable, affordable, and sustainable; and Whereas, the Sustainable Dubuque Grant program meets the needs of the Dubuque com- munity's vision for sustainability; and Whereas, efforts which address a Sustain- able Dubuque principle and offer a community engagement activity or community education activity benefit the entirety of the community and the specifically adopted goals of the City Council; and Whereas, the grant recipients provide vari- ous activities and services related to the 12 principles of sustainability named by the City of Dubuque; and Whereas, a recommended grant recipient was disqualified by the City Council making ad- ditional funds available for granting; and Whereas, the approved grant recipients were not fully funded and could further benefit the community by an increase in funding; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to fur- ther sustainability efforts in the community for the benefit of all residents and visitors by dis- tributing the unawarded funds evenly to the grant recipients in order to increase the reach and impact of their programming. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby awards a Sustainable Dubuque Grant to the following organizations: Organization, Protect, Approved Award 5/1/2023, Revised Award Centrally Rooted, Launch of Exploration Labs, $2,000, $2,445 Convivium Urban Farmstead, Garden Supplies and Support, $1,750, $2,195 Four Mounds Foundation, Land Stewardship Planning for Endangered Species, $1,750, $2,195 Nova Elite Youth Basketball, Player Scholar- ships, $1,350, $1,795 St. Mark Youth Enrichment, Heroes Summer Camp, $1,815, $2,260 Section 2. The City Manager or his de- signee shall enter into grant agreements and shall ensure compliance with the grant agree- ment pursuant to Iowa Code and the grant award requirements. Passed, approved, and adopted this 15th day of May 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 17. Iowa Arts Council Grant Application: Upon motion the documents were received, filed, and approved. 18. House File 718: Mayor Cavanagh sum- marized the legislation's potential effects on the city's budget, stating that the projected loss of city funds will limit the city's future invest- ments in the community. City Council members suggested conducting a work session to further detail the legislation's impact and clarified that the legislation was signed into law. Motion by Farber to receive and file the documents. Se- conded by Jones. Motion carried 7-0. 19. Certified List - Police Officer: Upon mo- tion the documents were received, filed, and made a matter of record. May 10, 2023 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Police Officer was administered on May 6, 2023. We, The Civil Service Commission, hereby certify that the individuals listed in the attached list have passed the written examina- tion administered on either March 11, 2023, or May 6, 2023, are using a transfer score, or are currently certified as an Iowa Law Enforcement Officer and any vacancies for the position of Police Officer should be filled from this list and that this list is good through March 12, 2024. Police Officer 1. Dustin Allen, 2. Noah Altman, 3. Dustin Brant, 4. Nathan Goodson -Gregg, 5. Ashley Hahnbaum — Certified, 6. Sophia Hammond, 7. Brandon Hoey, 8. Marcus Leitzen, 9. Noah Perry — Transfer Score, 10. Kenneth Schrader, 11. Josh Vauthier — Transfer Score Respectfully Submitted, Civil Service Commissioner 20. Approval of Retail Alcohol Licenses: Upon motion the documents were received and filed, and Resolution No. 153-23 Approving ap- plications for retail alcohol licenses, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 153-23 APPROVING APPLICATIONS FOR RETAIL ALCOHOL LICENSES, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDI- NANCES TITLE 4 BUSINESS AND LICENSE Page 1001 of 2498 Book 153 Regular Session, May 15, 2023 186 REGULATIONS, CHAPTER 2 LIQUOR CON- TROL, ARTICLE B LIQUOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for retail alcohol li- censes have been submitted and filed with the City Council for approval, and the same have been examined, provisionally approved, and/or approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City, and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Clerk is hereby author- ized and directed to cause to be issued at the noted premise address to the following appli- cants pending submission of the locally re- quired documentation: New Applications Beecher Wine & Spirit, 1691 Asbury Rd. Kwik Star 236, 2035 J. F. Kennedy Super Stop 3, 2360 Central Ave. Stone Cliff Winery, 600 Star Brewery Dr. Renewals Buffalo Wild Wings, 2805 Northwest Arterial Days Inn & Spirits Bar & Grill, 1111 Dodge St. Bowling Lanes, 1029 1/2 Main St. Dubuque Museum of Art, 701 Locust St. Five Flags Center, 405 Main St. JC's Bar and Grill, 900 Central Ave. Los Aztecas III Mexican Restaurant, 2345 NW Arterial Mason Dixon Saloon, 163 Main St. Pioneers Rest Stop, 4900 Old Highway Rd. Rotary Club of Dubuque, 135 West 8th St. Smokestack, 62 East. 7th St. Wayfarer Coffee, 955 Washington St. Suite 105 Passed, approved, and adopted this 151h day of May 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. Sale of City -owned property at 1559 Washington Street: Upon motion the docu- ments were received and filed, and Resolution No. 154-23 Intent to dispose of an interest in City of Dubuque real estate to RC Restoration LLC, setting a time and place for hearing, 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 June 5, 2023 in the Historic Federal Building. RESOLUTION NO. 154-23 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE TO RC RESTORATION LLC, SETTING A TIME AND PLACE FOR HEARING, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) owns 1559 Washington Street (the Property) legally described as: North '/2 of Lot 79 in East Dubuque Ad- dition in the City of Dubuque, Iowa, ac- cording to the recorded plot thereof; and Whereas, the City acquired the property by petition for title to abandoned property; and Whereas, it is the recommendation of the Housing and Community Development Depart- ment to approve the purchase agreement for the sale to RC Restoration LLC according to the terms and conditions set out in the pur- chase agreement 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 City of Dubuque, Iowa, proposes to approve the purchase agreement of the above -described real estate to RC Res- toration LLC. Section 2. That the City Council shall con- duct a public hearing on the proposed pur- chase agreement in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa on the 5th day of June 2023, beginning at 6:30 PM. Section 3. That the City Clerk be and is hereby authorized and directed to publish no- tice of the public hearing in the form [provided] hereto, according to law. Passed, approved, and adopted this 15th day of May 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Old Highway Road Water Main Installa- tion Project: Initiate Public Bidding and Set the Public Hearing Date: Upon motion the docu- ments were received and filed, and Resolution No. 155-23 The Old Highway Road Water Main Installation Project 2023: preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 5, 2023 in the Historic Federal Building. Page 1002 of 2498 Book 153 Regular Session, May 15, 2023 187 RESOLUTION NO. 155-23 THE OLD HIGHWAY ROAD WATER MAIN INSTALLATION PROJECT 2023; PRELIMI- NARY APPROVAL OF PLANS, SPECIFICA- TIONS, FORM OF CONTRACT, AND ESTI- MATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISE- MENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The proposed plans, specifica- tions, form of contract and estimated cost for the Old Highway Road Water Main Installation Project 2023 in the amount of $748,810, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspec- tion. Section 2. A public hearing will be held on the 5th day of June, 2023, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubuque, Iowa, at which time interested persons may ap- pear 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 [provided] 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 objec- tions to the proposed plans, specifications, form of contract, or estimated cost of the Pro- ject. Section 3. The Old Highway Road Water Main Installation Project 2023 is hereby or- dered to be advertised for bids for construction. Section 4 The amount of the security to ac- company each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. Section 5. The Water Department Manager is hereby directed to advertise for sealed bids for the construction of the improvements herein provided, by publishing the Notice to Bidders to be published on the City of Dubuque website and a contractor plan room service 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 13th day of June, 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 20th day of June, 2023, in the Historic Fed- eral Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted, and approved this 151h day of May, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Resolution Setting a Public Hearing on a Proposed Development Agreement by and be- tween the City of Dubuque, Iowa and McCoy Group, Inc. LLC Providing for the Sale of City - owned Real Estate to McCoy Group, Inc. and the Issuance of Urban Renewal Tax Increment Revenue Grant Obligations Pursuant to the Development Agreement: Upon motion the documents were received and filed and Reso- lution No. 156-23 (1) approving the minimum requirements, competitive criteria, and offering procedures for the development and the sale of certain real property and improvements in the Greater Downtown Urban Renewal District; (2) determining that the offer to purchase submit- ted by McCoy Group, Inc. 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 McCoy Group, Inc. in the event that no competing pro- posals are submitted; and (3) soliciting compet- ing proposals was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 20, 2023 in the Historic Federal Building. RESOLUTION NO. 156-23 RESOLUTION (1) APPROVING THE MINI- MUM REQUIREMENTS, COMPETITIVE CRI- TERIA, AND OFFERING PROCEDURES FOR THE DEVELOPMENT AND THE SALE OF CERTAIN REAL PROPERTY AND IM- PROVEMENTS IN THE GREATER DOWN- TOWN URBAN RENEWAL DISTRICT; (2) DETERMINING THAT THE OFFER TO PUR- CHASE SUBMITTED BY MCCOY GROUP, INC. SATISFIES THE OFFERING REQUIRE- MENTS WITH RESPECT TO THE REAL PROPERTY AND IMPROVEMENTS AND DE- CLARING THE INTENT OF THE CITY COUN- CIL TO APPROVE THE SALE TO MCCOY GROUP, INC. IN THE EVENT THAT NO COMPETING PROPOSALS ARE SUBMIT- TED; AND (3) SOLICITING COMPETING PROPOSALS Whereas, the City Council of Dubuque, Iowa, did on May 1, 2023 adopt an Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District ("the Plan") for the Urban Renewal Area de- scribed therein; and Whereas, the Plan provides, among other things, for the disposition of properties for pri- vate development purposes as a proposed economic development action; and Whereas, McCoy Group, Inc. ("Developer") has submitted to the City a proposal in the form of an offer to purchase (the "Development Page 1003 of 2498 Book 153 Regular Session, May 15, 2023 188 Agreement") for the purchase of certain City - owned real property hereinafter described ("the Property"), which Development Agreement proposes the Developer will undertake the pur- chase of a building located at the corner of Bell Street and East 6'h Street as described therein, which Property is the real estate consisting of approximately 0.7 acres shown on Exhibit A, and which Development Agreement requests that this Property be made available for sale as rapidly as possible; and Whereas, in order to establish reasonably competitive bidding procedures for the disposi- tion of the Property in accordance with the stat- utory 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 De- velopment Agreement with the City, currently on file at the Office of the City Clerk; and Whereas, to recognize both the firm pro- posal for sale of the Property and improve- ments already received by the 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 pro- posal for the sale and development of the Prop- erty, this Council should by this Resolution: 1) Set the fair market value of the Prop- erty 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 pro- posals and the opening thereof; 5) Declare that the proposal submitted by Developer satisfies the minimum re- quirements 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 au- thorize the City Manager to sign the De- velopment Agreement; 6) Approve and direct publication of a no- tice 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 qual- ified 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 re- quired 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 DUBUQUE, IOWA: Section 1. That the Property shown on Ex- hibit A [provided] hereto, shall be offered for sale in accordance with the terms and condi- tions contained in this Resolution. Section 2. That it is hereby determined that in order to qualify for consideration for selec- tion, any person must submit a proposal which meets these minimum requirements: 1) 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 determined to be One Million One Hundred Thousand & 00/100 Dol- lars ($1,100,000.00) and to provide for public parking on the Parking Property; 2) Sets out or provides to the satisfaction of the City Council the experience of the principals and key staff who are directly engaged in the performance of contract obligations in carrying out projects of similar scale and character; and 4) Meets, at a minimum, the terms and conditions of the Development Agree- ment submitted by the Developer in- cluding an agreement to create and maintain Eighteen (18) additional FTE employees employed by Developer or its Affiliate/s by October 1, 2025 and during the remaining term of the agree- ment for a total of Two Hundred Sixty - Six (266) FTE employees in the city of Dubuque, Iowa. Section 3. That the Development Agree- ment by and between the City and the Devel- oper 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 illus- trative 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 Agree- ment submitted by the Developer satisfies the requirements of this offering and, in the event that no other qualified proposals are timely submitted, that the City Council intends to ac- cept and approve the Development Agree- ment. 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 ac- cordance with the Plan. Section 7. That the City Clerk shall receive Page 1004 of 2498 Book 153 Regular Session, May 15, 2023 189 and retain for public examination the [provided] Development Agreement submitted by the De- veloper and, in the event no other qualified pro- posals are timely submitted, shall resubmit the Development Agreement to the City Council for final approval and execution upon expiration of the notice hereinafter prescribed. Section 8. That the action of the City Coun- cil be considered to be and does hereby con- stitute notice to all concerned of the intention of this Council, in the event that no other qualified proposals are timely submitted, to accept the proposal of the Developer to purchase the Property shown on Exhibit A and to approve the Development Agreement by and between City and Developer. Section 9. That the official notice of this of- fering and of the intent of the City, in the event no other qualified proposals are timely submit- ted, to approve the Development Agreement, shall be a true copy of this Resolution, but with- out the attachments referred to herein. Section 10. That the City Clerk is author- ized and directed to secure immediate publica- tion of said official notice in the Telegraph Her- ald, a newspaper having a general circulation in the community, by publication of the text of this Resolution on or before the 19th day of May, 2023. Section 11. That written proposals for the sale of the Property shown on Exhibit A will be received by the City Clerk at or before 10:00 a.m., June 16, 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 June 16, 2023. Said proposals will then be presented to the City Council at 6:30 p.m., June 20, 2023, at a meeting to be held in the City Council Cham- bers, 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 sub- stantial conformance with the provisions of Iowa Code Section 403.8, requiring reasonable competitive 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 ac- cording 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 di- rected to make preliminary analysis of each such proposal for compliance with the mini- mum requirements established by this Council hereinabove. For each proposal that satisfies these requirements, the City Council shall judge the strength of the proposal by the com- petitive criteria established hereinabove. The City Council shall then make the final evalua- tion and selection of the proposals. Section 15. If, and only if, competing pro- posals are received and determined by the Council to meet the minimum requirements de- scribed 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 sub- sequent meeting to be held by the City Man- ager 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 qual- ified 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, to enter into the resulting agreement, as required by law. Passed, approved, and adopted this 15th day of May, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk BOARDS/COMMISSIONS Appointments were made to the following boards/commissions. 1. Equity and Human Rights Commission: One, 3-Year term through January 1, 2024 (Va- cant term of Evans). Applicants: Pamela Birch, 1550 Butterfields Dr.; Michaela Freiburger, 1718 Diane Ct.; Kristen Leffler, 159 Julien Dubuque Dr.; Candace Raymond, 1155 Tressa St.; Theresa Sampson Brown, 2285 Clydes- dale Ct.; Nina Streauslin, 3904 Cora Dr. This commission is subject to the State of Iowa Gender Balance Law, §69.16A. 9 Commission- ers total; currently 4 males/4 females/ 1 open- ing. Upon roll call vote, Ms. Sampson Brown was appointed to the three-year term through January 1, 2024. Ms. Freiburger received 1 vote (Wethal), and Ms. Sampson Brown re- ceived the remaining 6 votes. Page 1005 of 2498 Book 153 Regular Session, May 15, 2023 190 2. Long Range Planning Advisory Commis- sion: One, 3-Year term through July 1, 2025 (Vacant term of Krayer). Applicant: Cliff Con- rad, 135 West 17t" St. Motion by Jones to ap- point Mr. Conrad to the three-year term through July 1, 2025. Seconded by Sprank. Motion car- ried 7-0. PUBLIC HEARINGS Municipal Services Center EV Charging Stations Project: Motion by Farber to receive and file the documents and adopt Resolution No. 157-23 Municipal Services Center EV Charging Stations Project: approval of plans, specifications, form of contract, and estimated cost; for the Municipal Services Center EV Charging Stations Project. Seconded by Rous- sell. Public Works Director John Klostermann and Sustainable Communities Coordinator Gina Bell responded to questions from the City Council regarding future prospects on electric vehicles (EVs) and their contribution toward the city's goals within its Climate Action Plan. Mr. Klostermann and City Manager Van Milligen responded to a question from the City Council regarding other city departments' involvement in obtaining EVs. City Council Members dis- cussed the benefits of EVs and their desire to further invest in the city's EV fleet. Motion car- ried 7-0. RESOLUTION NO. 157-23 MUNICIPAL SERVICES CENTER EV CHARGING STATIONS PROJECT; AP- PROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; FOR THE MUNICIPAL SERVICES CENTER EV CHARGING STATIONS PRO- JECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the proposed plans, specification, form of contract and estimated costs for the Municipal Services Center EV charging Sta- tions Project, in the estimated amount of $134,670 are hereby approved. Passed, approved, and adopted this 15t" day of May 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. 2023 Pavement Marking Project: Motion by Jones to receive and file the documents and adopt Resolution No. 158-23 Approval of plans, specifications, form of contract, and es- timated cost for the 2023 Pavement Marking Project. Seconded by Wethal. Responding to a question from the City Council on how the cal- culation of the State of Iowa's portion of the project is determined, Project Manager Steve Sampson Brown stated that the state's portion is calculated from road use tax funds from state. Motion carried 7-0. RESOLUTION NO. 158-23 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE 2023 PAVEMENT MARKING PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for 2023 Pavement Marking Project, in the estimated amount $226,693.00, are hereby approved. Passed, adopted, and approved this 15tn day of May 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Public Hearing for Sale of City -Owned Property at 590 Clarke Drive: Motion by Res- nick to receive and file the documents and adopt Resolution No. 159-23 Disposing of city interest in real property at 590 Clarke Drive, in the City of Dubuque, Iowa. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 159-23 DISPOSING OF CITY INTEREST IN REAL PROPERTY AT 590 CLARKE DRIVE, IN THE CITY OF DUBUQUE, IOWA Whereas, the City Council, by Resolution No. 128-23, dated May 1, 2023, declared its in- tent to dispose of City interest in real property located at 590 Clarke Drive (the Property) le- gally described as: Lot 8, except the Southerly 50 ft. thereof, as conveyed by Warranty Deed recorded in Book 148TL, Page 269, and, except that part conveyed by War- ranty Deed 792-1998, in J.P. Porter's Addition to Dubuque, in the City of Dubuque, Iowa, according to the rec- orded plat thereof; and Whereas, pursuant to published notice, a public hearing was held on the proposed dis- position on May 15, 2023 at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council that approval of the purchase agree- ment for the sale to Ry Meyer according to the terms and conditions set out in the purchase 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. The purchase agreement by and between the City of Dubuque and Ry Meyer for Page 1006 of 2498 Book 153 Regular Session, May 15, 2023 191 the sale of the Property, a copy [provided] hereto, is hereby approved. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute a Special Warranty Deed, conveying the City's interest in the Property to Ry Meyer. Section 3. That the City Clerk is hereby au- thorized and directed to cause said Special Warranty Deed to be delivered to the City At- torney's Office, together with a certified copy of the Resolution. Passed, approved, and adopted this 15'h day of May 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Fiscal Year 2023 Second Budget Amendment: Motion by Resnick to receive and file the documents and adopt Resolution No. 160-23 Amending the current budget for Fiscal Year Ending June 2023 (as last certified or amended on 10/17/2022). Seconded by Far- ber. Motion carried 7-0. Continued on Next Page Page 1007 of 2498 Book 153 Regular Session, May 15, 2023 192 NOTICE OF PUBLIC HEARING -AMENDMENT OF CURRENT BUDGET City of DUBUQUE Fiscal Year July 1, 2022 - June 30, 2023 The City of DUBUQUE will conduct a public hearing for the purpose of amending the current budget for fiscal year ending June 30, 2023 Meeting Date/Time: 5/15/2023 06:30 PM Contact: Jennifer Larson Phone: (563) 589-4398 Meeting Location: City Council Chambers at the Historic Federal Building, 350 West 61h Street, Dubuque, Iowa There will be no increase in taxes. Any residents or taxpayers will be heard for or against the proposed amend- ment at the time and place specified above. A detailed statement of: additional receipts, cash balances on hand at he close of the preceding fiscal year, and proposed disbursements, both past and anticipated, will be available at he hearing. Budget amendments are subject to protest. If protest petition requirements are met, the State Appeal Board will hold a local hearing. For more information, consult htt s://dom.iowa. ov/local- ov-appeals. REVENUES &OTHER FINANCING SOURCES Total Budget as Cer- tified or Last Amended Current Amend- ment Total Budget After Current Amend - ment Taxes Levied on Property 1 25,574,621 0 25,574,621 Less: Uncollected Delinquent Taxes - Levy Year 2 0 0 0 Net Current Property Tax 3 25,574,621 0 25,574,621 Delinquent Property Tax Revenue 4 0 0 0 IF Revenues 5 12,965,223 0 12,965,223 Other City Taxes 6 23,115,778 0 23,115,778 Licenses & Permits 7 2,030,903 0 2,030,903 Use of Money & Property 8 17,083,716 0 17,083,716 Intergovernmental 9 74,245,447 2,818,072 77,063,519 Charges for Service 10 51,581,648 0 51,581,648 Special Assessments 11 184,524 0 184,524 Miscellaneous 12 10,323,926 856,572 11,180,498 Other Financing Sources 13 27,811,579 -2,186,822 25,624,757 Transfers In 14 61,175,973 -1,039,765 60,136,208 Total Revenues & Other Sources 15 306,093,338 448,057 306,541,395 EXPENDITURES & OTHER FINANCING USES Public Safety 16 35,458,346 117,065 35,575,411 Public Works 17 17,699,585 -21,811 17,677,774 Health and Social Services 18 1,084,405 3,186 1,087,591 Culture and Recreation 19 18,365,497 195,405 18,560,902 Community and Economic Development 20 16,941,286 -441,471 16,499,815 General Government 21 14,393,111 0 14,393,111 Debt Service 22 11,764,376 0 11,764,376 Capital Projects 23 125,564,458 1,581,898 127,146,356 Total Government Activities Expenditures 24 241,271,064 1,434,272 242,705,336 Business Type/Enterprise 25 91,997,072 1,816,034 93,813,106 Total Gov Activities & Business Expendi- ures 26 333,268,136 3,250,306 336,518,442 Transfers Out 27 61,175,973 -1,039,765 60,136,208 otalExpenditures/Transfers Out 28 394,444,109 2,210,541 396,654,650 Excess Revenues & Other Sources Over Under Expenditures/Transfers Out 29 -88,350,771 -1,762,484 -90,113,255 Beginning Fund Balance July 1, 2022 30 179,887,926 0 179,887,926 Ending Fund Balance June 30, 2023 31 91,537,155 -1,762,484 89,774,671 Explanation of Changes: This amendment adds additional revenue from grants received, private funding, and he appropriation to spend the monies. Adjustment to reflect actual budget of projects. Passed, approved, and adopted this 15th day of May 2023. Attest: /s/Brad M. Cavanagh, Mayo Attest: /s/Adrienne N. Breitfelder, City Clerk Page 1008 of 2498 Book 153 Regular Session, May 15, 2023 193 PUBLIC INPUT Rick Dickinson, President and CEO of Greater Dubuque Development Corporation (GDDC), thanked the City Council for their vote in support of Public Hearing No. 1, summariz- ing the importance of EVs toward good air quality and how they factor into Dubuque being a community of choice for residents. Mr. Dick- inson also thanked the City Council and city staff for Item Set for Public Hearing No. 3, ex- pressing appreciation for the city quickly ad- dressing the needs of McCoy Group, Inc. ACTION ITEMS 1. Destination Iowa Outdoor Recreation Fund Grant: Motion by Resnick to receive and file the documents and approve the City Man- ager executing the Destination Iowa Outdoor Recreation Fund Grant. Seconded by Sprank. Council Member Farber asked if she needed to recuse herself from the vote. City Attorney Brumwell confirmed that Council Member Far- ber did not need to recuse herself. City Council Members expressed enthusiasm for the grant. Motion carried 7-0. 2. St. Anne & Avalon Intersection Recon- struction Project: Motion by Jones to receive and file the documents and adopt Resolution No. 161-23 Awarding Public Improvement Construction Contract for the St. Anne and Av- alon Intersection Reconstruction Project. Se- conded by Roussell. Motion carried 7-0. RESOLUTION NO. 161-23 AWARDING PUBLIC IMPROVEMENT CON- STRUCTION CONTRACT FOR THE ST. ANNE AND AVALON INTERSECTION RE- CONSTRUCTION PROJECT Whereas, sealed proposals have been sub- mitted by contractors for the St. Anne and Av- alon Intersection Reconstruction Project, (the Project) and Notice to Bidders published on the City of Dubuque, Iowa website and plan room service with statewide circulation on the 18th day of April 2023; and Whereas, said sealed proposals were opened and read on the 4th day of May 2023 and it has been determined that Offset Con- struction, LLC, of Farley, IA. submitted the low bid in the amount of $207,547.60, and is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That a Public Improvement Construction Contract for the Project is hereby awarded to Offset Construction, LLC and the City Manager is hereby directed to execute a Public Improve- ment Construction Contract on behalf of the City of Dubuque for the Project. Passed, adopted, and approved this 15th day of May 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Proposed amendment to the 2020 Na- tional Electrical Code: Motion by Jones to re- ceive and file the documents and that the re- quirement that a proposed ordinance be con- sidered and voted on for passage at two Coun- cil meetings prior to the meeting at which it is to be passed be suspended. Seconded by Wethal. Responding to a question from the City Council, Assistant Housing Director Michael Belmont stated that electrical is not in scope of the international building codes, and that the ordinance update is a revision to an existing amendment. City Attorney Brumwell stated that the National Electrical Code (NEC) has been adopted by the State of Iowa. Motion carried 7- 0. Motion by Jones for final consideration and passage of Ordinance No. 20-23 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article D Electrical Code. Seconded by Wethal. Motion carried 7-0. ORDINANCE NO. 20-23 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DE- VELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE D ELECTRICAL CODE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1 D-2 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1 D-2: NATIONAL ELECTRICAL CODE AMENDMENTS: The National Electrical Code adopted by section 14-1 D-1 of this article is hereby amended as follows: 210.8. Ground -Fault Circuit -Interrupter Protection For Personnel. Ground -fault cir- cuit -interrupter protection for personnel shall be provided as required in 210.8(A) through (E). The ground -fault circuit -inter- rupter shall be installed in a readily acces- sible location. 220.12(B) Energy Code. This section is hereby repealed and the following inserted in lieu thereof: 220.12(B) Energy Code. Where the building is designed and constructed to comply with an energy code adopted by the local authority, the lighting load shall be permitted to be calculated at the values specified in Page 1009 of 2498 Book 153 Regular Session, May 15, 2023 194 the energy code. Article 334.12 Uses Not Permitted. Adopted as is, except add item 11: (11) In hotels, motels, commercial, mer- cantile, industrial, institutional, and public buildings Article 408.4 Field Identification Re- quired. Insert the following section: Article 408.4(C). Additional Labeling Of Electrical Service Panels And Switchboards. A permanent legible label shall be installed at or on the main electrical service panel and shall include the following: (1) The name of the contracting company performing the work (2) Contact information for the contracting company performing the work (3) Location(s) of all accessible bolted grounding connections to any metal water service piping. (4) approximate location(s) of all buried ground -rod connections, if any installed. (5) Approximate location of all bolted grounding connections to reinforcing steel in foundation if installed. (6) Location(s) of all accessible bolted bonding connections to building steel and all other metal piping systems including gas piping, sprinklers, etc. (7) Location of the intersystem bonding terminal bus bar. Irre- versible connections (compres- sion, exothermic, etc.) are not required to be accessible. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 15t" day of May, 2023. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 19"' day of May, 2023. /s/Adrienne N. Breitfelder, City Clerk 4. Adoption of the 2021 International (- Codes: Motion by Roussell 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 sus- pended. Seconded by Sprank. City Council Members discussed the exclusion of residen- tial sprinklers in the City of Dubuque Code of Ordinances and that future discussions may be needed regarding them. Motion carried 7-0. Motion by Roussell for final consideration and passage of Ordinance No. 21-23 Amend- ing City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Build- ing Codes, Article A Building Code and Regu- lations; Ordinance No. 22-23 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article B Residential Code; Ordinance No. 23- 23 Amending City of Dubuque Code of Ordi- nances Title 14 Building and Development, Chapter 1 Building Codes, Article E Fire Code and Regulations; Ordinance No. 24-23 Amend- ing City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Build- ing Codes, Article F Mechanical Code; Ordi- nance No. 25-23 Amending City of Dubuque Code of Ordinances Title 14 Building and De- velopment, Chapter 1 Building Codes, Article J Property Maintenance Code; and Ordinance No. 26-23 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article K Interna- tional Existing Building Code. Seconded by Sprank. Motion carried 7-0. ORDINANCE NO. 21-23 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DE- VELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE A BUILDING CODE AND REGULATIONS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1A-1 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1A-1: INTERNATIONAL BUILDING CODE ADOPTED: Except as hereinafter added to, de- leted, modified, or amended, there is hereby adopted by reference as the building code of the City that certain building code known as the Interna- tional Building Code, 2021 edition, and as published by the International Code Council, and the provisions of such building code shall be controlling in the construction of buildings and other structures and in all matters covered by such building code within the corporate limits of the City and shall be known as the "Dubuque Building Code". A copy of the International Building Code, 2021 edition, as adopted, shall be on file in the Office of the City Clerk for public in- spection. Section 2. Section 14-1A-2 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1A-2: INTERNATIONAL BUILDING CODE AMENDMENTS: The following additions, deletions, mod- ifications, or amendments of the Interna- tional Building Code, 2021 edition, adopted Page 1010 of 2498 Book 153 Regular Session, May 15, 2023 195 in section 14-1A-1 of this article to read as follows: Section 101.1. Title. Amended to read: These regulations shall be known as the Dubuque Building Code, hereinafter referred to as "this code". Section 103.1. Creation of enforcement agency. Amended to read: 103.1 Creation of enforcement agency. The Inspection & Construction Services Division is hereby created and the offi- cial in charge thereof shall be known as the Building Official. The function of this agency shall be the implementation, ad- ministration, and enforcement of the provisions of this code. Section 105.5. Expiration. Amended to read: 105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is completed within one year after its issu- ance. The Building Official is authorized to grant, in writing, one or more exten- sions of time, for periods of not more than one hundred eighty (180) days each. Each extension shall be re- quested in writing and justifiable case demonstrated. Sections 113.1 through 113.3 replaced with City of Dubuque Code of Ordinances section 14-1 A-6. Section 114. Violations. Amended to read: 114.1 Unlawful Acts. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or de- molish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this code. The doing of any act, or the omission of any act, declared to be unlawful by this code, or any code or ordinance herein adopted by reference, shall be deemed a separate offense for each day or por- tion thereof during which any such un- lawful act is committed, continued, or permitted and upon conviction, shall be punishable as provided in title 1 of the City Code of Ordinances. The penalty herein provided shall be cumulative with and in addition to the revocation, cancellation, or forfeiture of any license or permit elsewhere in this code pro- vided for violation thereof. A notice of violation is not required in every situation and City staff may issue a municipal infraction without previously issuing a notice of violation. Section 116. Unsafe Structures And Equip- ment. Amended to read: 116 Unsafe Structures And Equipment. All buildings or structures regulated by this code which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life are, for the purpose of this Section, unsafe. Any use of buildings or structures con- stituting a hazard to safety, health, or public welfare by reason of inadequate maintenance, dilapidation, obsoles- cence, fire hazard, disaster, damage, or abandonment is, for the purposes of this Section, an unsafe use. Any para- pet wall, cornice, spire, tower, tank, statuary, or other appendage or struc- tural member which is supported by, at- tached to, or a part of a building and which is in deteriorated condition or oth- erwise unable to sustain the design loads which are specified in this code is, for the purposes of this Section, hereby designated as an unsafe building ap- pendage. All such unsafe buildings, structures, or appendages are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or re- moval in accordance with the proce- dures set forth in title 14, chapter 3 of the Code of Ordinances. Section 202. Definitions. Amendment to "building official" and inclusion of "code offi- cial': Building Official. See "Code Official". Code Official. The officer or other des- ignated authority charged with the ad- ministration and enforcement of this code or a duly authorized representa- tive thereof. Any reference to "Building Official' in this code shall have the same meaning as "Code Official'. Section 903.3.1.1.1. Exempt Locations. Amended to read: 903.3.1.1.1 Exempt Locations. Auto- matic sprinklers shall not be required in the following rooms or areas where such rooms or areas are protected with an approved automatic fire detection system, in accordance with Section 907.2 of this code, that will respond to visible or invisible particles of combus- tion. Sprinklers shall not be omitted from a room or area merely because the room or area is damp, of fire -re- sistance -rated construction, or contains electrical equipment. 1. A room or area where the appli- cation of water, or flame and wa- ter, constitutes a serious life or fire hazard. 2. A room or area where sprinklers are considered undesirable be- cause of the nature of the Page 1011 of 2498 Book 153 Regular Session, May 15, 2023 196 contents, where approved by the fire code official. 3. Generator and transformer rooms separated from the remainder of the building by walls and floor/ceil- ing or roof/ceiling assemblies hav- ing a fire -resistance rating of not less than 2 hours. 4. Rooms or areas that are of non- combustible construction with wholly noncombustible contents. 5. Fire service access elevator ma- chine rooms and machinery spaces. 6. Machine rooms, machinery spaces, control rooms and control spaces associated with occupant evacuation elevators designed in accordance with Section 3008. Section 1031.3.2 Minimum dimensions. Amended to read: 1031.3.2 Minimum dimensions. The minimum net clear opening height di- mension shall be 24 inches (610 mm). The minimum net clear opening width dimension shall be 20 inches (508 mm). The net clear opening dimensions shall be the result of normal operation of the opening. Exception: Replacement windows shall be exempt from the minimum size re- quirements of this section, provided that the replacement window meets the fol- lowing conditions: 1. The replacement window is the manufacturer's largest standard size window that will fit within the existing frame or existing rough opening, provided that the re- placement window shall be of a style that provides for the greatest net clear window opening area in the existing frame or existing rough opening and shall have a minimum net clear opening width of 20 inches (508 mm), a mini- mum net clear opening height of 22 inches (559 mm), and a mini- mum net clear opening of 4.0 square ft. (0.372 square meters). 2. The replacement window is not part of a change of occupancy or use. Section 1031.3.3. Maximum height from floor. Amended to read: 1031.3.3 Maximum height from floor. Emergency escape and rescue open- ings shall have the bottom of the clear opening not greater than 44 inches (1118 mm) as measured from the floor. Exception: The bottom of the clear opening may exceed 44 inches (1118 mm) above the floor if the follow- ing conditions are met: a. A platform capable of support- ing a live load of 300 pounds shall be permanently affixed at the interior of the structure. This platform shall be no lower than 20 inches (508 mm) above the floor and no higher than 36 inches (914 mm) above the floor. The distance from the plat- form to the bottom of the clear opening shall not exceed 36 inches (914 mm). The platform shall extend outward from the wall a minimum of 18 inches (457 mm) and shall be a mini- mum of 36 inches (914 mm) wide or as wide as the clear openable width of the window, whichever is greater, or another approved method/platform. b. The emergency escape or res- cue window shall comply with section 1031.3.2. Section 3. This ordinance shall take effect upon publication. Passed, approved, and adopted this 15'h day of May, 2023. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 19th day of May 2023. /s/Adrienne N. Breitfelder, City Clerk ORDINANCE NO. 22-23 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DE- VELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE B RESIDENTIAL CODE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1 B-1 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1 B-1: INTERNATIONAL RESIDEN- TIAL CODE ADOPTED: Except as hereinafter added to, de- leted, modified, or amended, there is hereby adopted by reference as the residential building code of the City that certain building code known as the In- ternational Residential Code, 2021 edi- tion, and as published by the Interna- tional Code Council, and the provisions of such building code shall be control- ling in the construction, remodeling, maintenance, repair, and reconstruc- tion of one- and two-family residential buildings and in all matters covered by such building code within the corporate limits of the City and shall be known as Page 1012 of 2498 Book 153 the "Dubuque Residential Building Code". A copy of the International Res- idential Code, 2021 edition, as adopted, shall be on file in the Office of the City Clerk for public inspection. Section 2. Section 14-1 B-2 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1 B-2: INTERNATIONAL RESIDEN- TIAL CODE AMENDMENTS: The following additions, deletions, mod- ifications, or amendments of the Inter- national Residential Code, 2021 edi- tion, adopted in section 14-1 B-1 of this article to read as follows: Section R101.1 Title. Amended to read: R101.1 Title. These provisions shall be known as the Dubuque Residen- tial Building Code of the City of Dubuque and shall be cited as such and will be referred to herein as "this code." Section R103.1 Creation Of Enforce- ment Agency. Amended to read: R103.1. Creation Of Enforcement Agency. There is hereby estab- lished in the city the Inspection & Construction Services Division, which shall be under the jurisdiction of the code official. Section R105.5 Expiration. Amended to read: R105.5. Expiration. Every permit is- sued shall become invalid unless the work on the site authorized by such permit is completed within one year after its issuance. The code of- ficial is authorized to grant, in writ- ing, one or more extensions of time, for periods not to exceed 180 days for each such approved extension. The extensions shall be requested in writing and justifiable cause demonstrated. Section R112.1 through R112.4 re- placed with City of Dubuque Code of Ordinances section 14-1A-6. Section R113 Violations. Amended to read: R113. Violations. It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, oc- cupy, or maintain any building or structure or cause or permit the same to be done in violation of this code. The doing of any act, or the omis- sion of any act, declared to be un- lawful by this code, or any code or ordinance herein adopted by refer- ence shall be deemed a separate lar Session, May 15, 2023 197 offense for each and every day or portion thereof during which any such unlawful act is committed, con- tinued, or permitted to continue and upon conviction shall be punishable as provided in title 1 of the City Code of Ordinances. The penalty herein provided shall be cumulative with and in addition to the revoca- tion, cancellation, or forfeiture of any license or permit elsewhere in this code provided for violation thereof. A notice of violation is not required in every situation and city staff may issue a municipal infraction without previously issuing a notice of viola- tion. Section R202 Definitions. Amendment to "building official' and inclusion of "code official": Building Official. See "Code Offi- cial'. Code Official. The officer or other designated authority charged with the administration and enforcement of this code, or a duly authorized representative. Any reference to building official in this code refers to code official. Section R310.1. Emergency escape and rescue opening required. Amended to Read: R310.1. Emergency escape and rescue opening required. Base- ments, habitable attics, and every sleeping room shall have not less than one operable emergency es- cape and rescue opening. Where basements contain one or more sleeping rooms, an emergency es- cape and rescue opening shall be required in each sleeping room. Emergency escape and rescue openings shall open directly into a public way, or to a yard or court hav- ing a minimum width of 36 inches (914 mm) that opens to a public way. Exceptions: 1. Storm shelters and basements used only to house mechanical equipment not exceeding a total floor area of 200 square ft. (18.58 m2). 2. Where the dwelling unit or townhouse unit is equipped with an automatic sprinkler system installed in accordance with Section P2904 of this code, sleeping rooms in basements shall not be required to have emergency escape and rescue Page 1013 of 2498 Book 153 openings provided that the basement has one of the follow- ing: 2.1 One means of egress complying with Section R311 and one emergency escape and rescue opening. 2.2 Two means of egress complying with Section R311. 3. A yard shall not be required to open directly into a public way where the yard opens to an un- obstructed path from the yard to the public way. Such path shall have a width of not less than 36 inches (914 mm). 4. Basements without bedrooms that provide a second stairway that terminates in a room sepa- rate from the first stairway. Section R310.5 Replacement windows for emergency escape and rescue openings. Amended to read: R310.5 Replacement windows for emergency escape and rescue open- ings shall be permitted to have mini- mum dimensions in accordance with Sections R310.5.1 through R310.5.3 of this code, provided the replacement window meets the following conditions: 1. The replacement window is the manufacturer's largest standard size window that will fit within the existing frame or existing rough opening. The replacement win- dow shall be of a style that pro- vides for the greatest net clear window opening area in the exist- ing frame or existing rough open- ing. 2. The replacement window is not part of a change of occupancy. R310.5.1 Minimum size. Emergency escape and rescue openings shall have a net clear opening of not less than 4.0 square ft. (0.37 m2). R310.5.2 Minimum dimensions. The minimum net clear opening height di- mension shall be 22 inches (558 mm). The minimum net clear opening width dimension shall be 20 inches (508 mm). The net clear opening dimensions shall be the result of normal operation of the opening. R310.5.3 Maximum height from floor. Emergency escape and rescue open- ings shall have the bottom of the clear opening not greater than 48 inches (1219 mm) above the floor. Exception: An existing finished sill height may exceed 48 inches (1219 mm) above the floor if the following lar Session, May 15, 2023 198 conditions are met: a. A platform capable of supporting a live load of 300 pounds shall be per- manently affixed at the interior of the structure. This platform shall be no lower than 20 inches (508 mm) above the floor and no higher than 36 inches (914 mm) above the floor. The distance from the platform to the bottom of the clear opening shall not exceed 36 inches (914 mm). The platform shall extend outward from the wall a minimum of 18 inches (457 mm) and shall be a min- imum of 36 inches (914 mm) wide or as wide as the clear openable width of the window, whichever is greater, or another approved method/plat- form. b. The building is equipped with smoke alarms installed in accord- ance with section R314 of this code. Section R313 Automatic Fire Sprinkler Systems. Deleted. Section N1101.14 (R401.3) Certificate (Mandatory). Deleted. Section N1102.4.1.2 (R402.4.1.2) Test- ing. Deleted. Section N1103.3.4 (R403.3.4) Duct Leakage (Prescriptive). Deleted. Section N1103.3.5 (R403.3.5) Building Cavities (Mandatory). Amended to read: N1103.3.7 (R403.3.7). Building Cavities (Mandatory). Exterior build- ing framing cavities shall not be used as ducts or plenums. Section P2904 Dwelling Unit Fire Sprin- kler Systems. Deleted. Chapter 29. Deleted. Chapter 30 Sanitary Drainage. Deleted. Part VIII "Electrical" is hereby amended by deleting chapters 34-43 in their en- tirety. Appendix A - Do not adopt Appendix B - Do not adopt Appendix C - Do not adopt Appendix D - Do not adopt Appendix E - Do not adopt Appendix F - Do not adopt Appendix G - Do not adopt Appendix H - Do not adopt Appendix I - Do not adopt Appendix J - Do not adopt Appendix K - Do not adopt Appendix L - Do not adopt Appendix M - Do not adopt Appendix N - Do not adopt Appendix O - Do not adopt Appendix P — Do not adopt Appendix Q - Adopt Appendix R - Do not adopt Appendix S - Do not adopt Page 1014 of 2498 Book 153 Regular Session, May 15, 2023 199 Appendix T - Do not adopt Section 3. This ordinance shall take effect upon publication. Passed, approved, and adopted this 15'h day of May, 2023. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 19th day of May 2023. /s/Adrienne N. Breitfelder, City Clerk ORDINANCE NO. 23-23 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DE- VELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE E FIRE CODE AND REG- ULATIONS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1 E-1 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1 E-1: INTERNATIONAL FIRE CODE ADOPTED: Except as hereinafter added to, deleted, modified, or amended, the International Fire Code, 2021 edition, as promulgated by the International Code Council, is hereby adopted by reference from the ef- fective date hereof. A copy of the International Fire Code, 2021 edition, is on file at the fire head- quarters for public inspection. Section 2. Section 14-1 E-2 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1 E-2: INTERNATIONAL FIRE CODE AMENDMENTS: The following additions, deletions, modifi- cations, or amendments of the Interna- tional Fire Code, 2021 edition, adopted in section 14-1 E-1 of this article to read as follows: Section 10 1. 1 Title. Amended to read: 101.1 Title. These regulations shall be known as the Dubuque Fire Code, hereinafter referred to as "this code." Section 102.6 Historic Buildings. Amended to read: 102.6 Historic Buildings. Repairs, al- terations, and additions to a historic building shall comply with the provi- sions of the Dubuque Existing Build- ing Code. Section 105.5 Required operational per- mits. Amended to read: 105.5 Required operational permits. The fire code official is authorized to issue operational permits for the oper- ations set forth in Sections 105.5.2 through 105.5.52 of this code. It shall be unlawful for any person, firm, or corporation to use a building or prem- ises or engage in any activity for which a permit is required by the Dubuque Code of Ordinances without first having obtained such permit. Section 111 replaced with City of Dubu- que Code of Ordinances section 14-1A-6. Section 308.1.4 Open -flame cooking de- vices. Amended to read: Charcoal burners and other open - flame cooking devices shall not be lo- cated, stored, or operated on com- bustible balconies or within 10 ft. (3,048 mm) of combustible construc- tion. Exceptions: 1. One- and two-family dwellings. 2. Where buildings, balconies, and decks are protected by an auto- matic sprinkler system. 3. LP -gas cooking devices having LP -gas container with a water ca- pacity not greater than 2 '/2 pounds [nominal 1 pound (0.454 kg) LP -gas attached. Section 505.1 Address Identification. Amended to read: 505.1 Address Identification. New and existing buildings shall be provided with approved address identification. The ad- dress identification shall be legible and placed in a position that is visible from the street or road fronting the property. Ad- dress identification characters shall con- trast with their background. Address num- bers shall be Arabic numerals or alpha- betical letters. Numbers shall not be spelled out. Each character shall be not less than 4 inches (102 mm) high with a minimum stroke width of 1/2 inch (12.7 mm). Where required by the fire code of- ficial, address identification shall be pro- vided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole, or other sign or means shall be used to identify the structure. Address identification shall be maintained. 505.1.1 Interior room numbers. New and existing buildings shall be provided with approved room and suite identification. The room and suite identification shall be placed in a position that is plainly legible and visible. Identification characters shall contrast with their background. Section 506.1 Where Required. Amended to read: 506.1 Where Required. An approved key box shall be required on all commercial and residential structures that contain off - site monitored fire alarm and/or sprinkler Page 1015 of 2498 Book 153 Regular Session, May 15, 2023 200 systems or where access to or within a structure or an area is restricted because of secured openings. Where immediate access is necessary for lifesaving or fire- fighting purposes, the fire code official is authorized to require a key box to be in- stalled in an approved location. The key box shall be of an approved type listed in accordance with UL 1037 and shall con- tain keys to gain necessary access as re- quired by the fire code official. 506.1.2 Key boxes for fire service elevator keys. Amended to read: 506.1.2 Key boxes for fire service el- evator keys. Approved key boxes shall be provided for fire service ele- vator keys shall comply with Section 506.1 of this code and all of the fol- lowing: 1. The key box shall be the rapid entry key box system in use in the juris- diction and approved by the fire code official. 2. The front cover shall be perma- nently labeled with the words "FIRE DEPARTMENT USE ONLY." 3. The key box shall be mounted at each elevator bank at the lobby nearest to the lowest level of fire de- partment access. 4. The key box shall be mounted 5 ft. 6 inches (1,676 mm) above the fin- ished floor to the right side of the el- evator bank. 5. Contents of each key box shall be the building master key, fire service elevator keys, recall keys, and addi- tional elevator access tools, keys, and information pertinent to emer- gency planning or elevator access as determined necessary by the fire code official. 6. In buildings with two or more eleva- tor banks, a single key box shall be permitted to be used where such el- evator banks are located on the same floor and separated by not more than 30 ft. (9,144 mm). Addi- tional key boxes shall be provided for each individual elevator or eleva- tor bank separated by more than 30 ft. (9,144 mm). Section 604.6 Elevator Keys. Amended to read: 604.6 Elevator Keys. All elevators shall be provided elevator car door and fire- fighter service keys in accordance with Sections 606.6.1 through 604.6.4 of this code. 604.6.1 Elevator key location. Keys for the elevator car doors and fire-fighter ser- vice keys shall be kept in an approved key box in an approved location in accordance with Section 506.1.2 of this code. 604.6.2 Requirements for fire service ele- vator keys. Fire service elevator keys shall comply with all of the following: 1. Fire service elevator keys shall be of a patent -protected design to pre- vent unauthorized duplication. 2. Fire service elevator keys shall be factory restricted by the manufac- turer to prevent the unauthorized distribution of key blanks. Uncut key blanks shall not be permitted to leave the factory. 3. Fire service elevator keys subject to these rules shall be engraved with the words "DO NOT DUPLI- CATE." 604.6.3 Access to fire service keys. Ac- cess to fire service elevator keys shall be restricted to the following: 1. Elevator owners or their authorized agents. 2. Elevator contractors. 3. Elevator inspectors of the jurisdic- tion. 4. Fire code officials of the jurisdiction. 5. The fire department and other emergency response agencies des- ignated by the fire code official. 604.6.4 Responsibility to provide keys. The building owner shall provide one set of keys for each approved key box for fire service elevator key required by Section 506.1.1 of this code. Section 606.2 Where Required. Amended to read: 606.2 Where Required. A Type I hood shall be installed at or above all commer- cial cooking appliances and domestic cooking appliances used for commercial purposes that produce grease vapors, in- cluding but not limited to cooking equip- ment used in fixed, mobile, or temporary concessions, such as trucks, buses, trail- ers, pavilions, or any form of roofed en- closure, as required by the fire code offi- cial. Exceptions: 1. Factory -built commercial exhaust hoods that are listed and labeled in accordance with UL 710 and in- stalled in accordance with Section 304.1 of the Dubuque Mechanical Code, shall not be required to com- ply with Sections 507.1.5, 507.2.3., 507.2.5, 507.2.8, 507.3.1, 507.3.3, 507.4 and 507.5 of the Dubuque Mechanical Code. 2. Factory -built commercial cooking recirculating systems that are listed and labeled in accordance with UL 710B and installed in accordance Page 1016 of 2498 Book 153 Regular Session, May 15, 2023 201 with Section 304.1 of the Dubuque Mechanical Code, shall not be re- quired to comply with Sections 507.1.5, 507.2.3, 507.2.5, 507.2.8, 507.3.1, 507.3.3, 507.4, and 507.5 of the Dubuque Mechanical Code. For the purpose of determining floor area required to be ventilated, each individual appliance shall be consid- ered as occupying not less than 100 square ft. (9.3M2). 3. Where cooking appliances are equipped with integral down -draft exhaust systems and such appli- ances and exhaust systems are listed and labeled for the application in accordance with NFPA 96, a hood shall not be required at or above them. 4. A Type I hood shall not be required for an electric cooking appliance where an approved testing agency provides documentation that the ap- pliance effluent contains 5 mg/m3 or less of grease when tested at an ex- haust flow rate of 500 cfm (0.236 m3/s) in accordance with UL 710B. Section 903.3.1.1.1 Exempt Locations. Amended to read: 903.3.1.1.1 Exempt Locations. Automatic sprinklers shall not be required in the fol- lowing rooms or areas where such rooms or areas are protected with an approved automatic fire detection system in accord- ance with section 907.2 of this code that will respond to visible or invisible particles of combustion. Sprinklers shall not be omitted from a room merely because it is damp, of fire -resistance -rated construc- tion, or contains electrical equipment. 1. A room where the application of water, or flame and water, consti- tutes a serious life or fire hazard. 2. A room or space where sprinklers are considered undesirable be- cause of the nature of the contents, where approved by the fire code of- ficial. 3. Generator and transformer rooms separated from the remainder of the building by walls and floor/ceiling or roof/ceiling assemblies having a fire -resistance rating of not less than 2 hours. 4. Rooms or areas that are of non- combustible construction with wholly noncombustible contents. 5. Fire service access elevator ma- chine rooms and machinery spaces. 6. Automatic sprinklers shall not be in- stalled in elevator machine rooms, elevator machine spaces, and ele- vator hoist ways other than pits where such sprinklers would not ne- cessitate shunt trip requirements under any circumstances. Storage shall not be allowed within the ele- vator machine room. Signage shall be provided at the entry doors to the elevator machine room indicating "Elevator Machinery -No Storage Al- lowed". 7. Machine rooms, machinery spaces, control rooms, and control spaces associated with occupant evacuation elevators designed in accordance with Section 3008 of the Dubuque Building Code. Auto- matic sprinklers shall not be in- stalled in elevator hoist ways other than pits where such sprinklers would not necessitate shunt trip re- quirements under any circum- stances. Section 1028.5 Access To A Public Way. Amended to read: 1028.5 Access To A Public Way. The exit discharge pathway shall be hard surfaced and provide a direct and unobstructed ac- cess to a public way. Exception: Where access to a public way cannot be provided, a safe dispersal area shall be provided where all of the follow- ing are met: 1. The area shall be of a size to ac- commodate not less than 5 square ft. (0.46 m2) for each person. 2. The area shall be located on the same lot not less than 50 ft. (15,240 mm) away from the building requir- ing egress. 3. The area shall be permanently maintained and identified as a safe dispersal area. 4. The area shall be provided with a safe and unobstructed path of travel from the building. 1031.3.1 Minimum size. Amended to read: Emergency escape and rescue open- ings shall have a minimum net clear opening of 5.7 square ft.. (0.53m2) Exception: The minimum net clear opening for grade -floor emergency escape and rescue openings shall be 5 square ft.. (0.46m2) Exception: Replacement windows in- stalled in buildings meeting the scope of this code shall be exempt from the minimum size requirements of this section, provided that the replace- ment window meets the following con- ditions: 1. The replacement window is the manufacturer's largest standard size window that will fit within the Page 1017 of 2498 Book 153 Regular Session, May 15, 2023 202 existing frame or existing rough Appendix H - Do not adopt opening. The replacement window Appendix I - Do not adopt shall be of a style that provides for Appendix J - Do not adopt the greatest net clear window open- Appendix K - Do not adopt ing area in the existing frame or ex- Appendix L - Do not adopt isting rough opening but will have a Appendix M - Do not adopt minimum net clear openable width Section 3. Section 14-1 E-3 of the City of of 20 inches (508 mm), a minimum Dubuque Code of Ordinances is hereby net clear openable height of 22 amended to read as follows: inches (558 mm), and a minimum 14-1 E-3: RESERVED: net clear opening of 4.0 square ft. Section 4. Section 14-1 E-4 of the City of (0.372 m2). Dubuque Code of Ordinances is hereby 2. Window replacements permitted amended to read as follows: between April 11, 2016 and the ef- 14-1E-4: EMERGENCIES: fective date of this ordinance that Where a situation requires immediate de- serve as the required emergency cision, that of the fire chief shall be final escape and rescue opening will be and conclusive. allowed to remain as long as they Section 5. Section 14-1 E-5 of the City of meet the following requirements: Dubuque Code of Ordinances is hereby a. Window was permitted as re- amended to read as follows: quired by the City of Dubuque 14-1 E-5: SPECIAL CONDITIONS: b. Window was approved as code The fire chief in matters of fire prevention compliant as documented by the shall have full power to exercise judgment City of Dubuque. in a reasonable and proper manner and 3. The replacement window is not part rule accordingly on all special cases in re - of a change of occupancy or use. gard to any of the matters and things Section 1031.3.3. Maximum height from treated in this code relating to fire hazards floor. Amended to read: not specifically covered thereby. 1031.3.3. Maximum height from floor. Section 6. This ordinance shall take effect Emergency escape and rescue openings upon publication. shall have the bottom of the clear opening Passed, approved, and adopted this 15'h not greater than 44 inches (1118 mm) day of May, 2023. measured from the floor. An existing fin- /s/Brad M. Cavanagh, Mayor ished sill height may exceed 44 inches Attest: /s/Adrienne N. Breitfelder, City Clerk (1118 mm) above the floor if the following Published officially in the Telegraph Herald conditions are met: newspaper on the 19t" day of May 2023. a. A platform capable of supporting /s/Adrienne N. Breitfelder, City Clerk a live load of 300 pounds shall be permanently affixed at the interior ORDINANCE NO. 24-23 of the structure. This platform AMENDING CITY OF DUBUQUE CODE OF shall be no lower than 20 inches ORDINANCES TITLE 14 BUILDING AND DE- (508 mm) above the floor and no VELOPMENT, CHAPTER 1 BUILDING higher than 36 inches (914 mm) CODES, ARTICLE F MECHANICAL CODE above the floor. The distance from NOW, THEREFORE, BE IT ORDAINED the platform to the finished sill BY THE CITY COUNCIL OF THE CITY OF height shall not exceed 36 inches DUBUQUE, IOWA: (914 mm). The platform shall ex- Section 1. Section 14-1 F-1 of the City of tend outward from the wall a mini- Dubuque Code of Ordinances is hereby mum of 18 inches (457 mm) and amended to read as follows: shall be at least as wide as the 14-1 F-1: INTERNATIONAL MECHANI- clear openable width of the win- CAL CODE ADOPTED: dow or other approved Except as hereinafter added to, deleted, method/platform. modified, or amended, there is hereby b. The emergency escape and res- adopted by reference as the mechanical cue opening shall comply with code of the City that certain mechanical section 1031.3.2 of this code. code known as the International Mechan- Appendix A - Do not adopt ical Code, 2021 edition, as published by Appendix B - Adopt the International Code Council, and the Appendix C - Adopt provisions of such mechanical code shall Appendix D - Adopt be controlling for the installation, mainte- Appendix E - Do not adopt nance, and use of heating, ventilating, Appendix F - Do not adopt cooling, refrigeration systems, incinera- Appendix G - Do not adopt tors, and other miscellaneous heat - Page 1018 of 2498 Book 153 Regular Session, May 15, 2023 203 producing appliances within the corpo- rate limits of the City and shall be known as the Dubuque Mechanical Code. A copy of the International Mechanical Code, 2021 edition, as adopted, shall be on file in the Office of the City Clerk for public inspection. Section 2. Section 14-1 F-2 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1 F-2: INTERNATIONAL MECHANI- CAL CODE AMENDMENTS: The following additions, deletions, modifi- cations, or amendments of the Interna- tional Mechanical Code, 2021 edition, adopted in section 14-1 F-1 of this article to read as follows: Section 10 1. 1 Title. Amended to read: 101.1 Title. These regulations shall be known as the Dubuque Mechanical Code, hereinafter referred to as "this code." Section 103.1 Creation of enforcement agency. Amended to read: 103.1 Creation of enforcement agency. The Inspection & Construc- tion Services Division is hereby cre- ated and the official in charge thereof shall be known as the code official. The function of the agency shall be the implementation, administration, and enforcement of the provisions of this code. Section 108 Violations. Amended to read: Section 108. Violations And Penal- ties. It shall be unlawful for any per- son, firm, or corporation to erect, con- struct, enlarge, alter, repair, move, im- prove, remove, convert, or demolish, equip, use, occupy, or maintain any building or structure or cause or per- mit the same to be done in violation of this code. The doing of any act, or the omission of any act, declared to be unlawful by this code, or any code or ordinance herein adopted by reference, shall be deemed a separate offense for each and every day during which any such unlawful act is committed, continued, or permitted to continue and upon conviction shall be punishable as pro- vided in title 1 of the City Code of Or- dinances. The penalty herein pro- vided shall be cumulative with and in addition to the revocation, cancella- tion, or forfeiture of any license or per- mit elsewhere in this code provided for violation thereof. A notice of violation is not required in every situation and city staff may is- sue a municipal infraction without pre- viously issuing a notice of violation. Section 113 Means Of Appeal. Amended to read: 113.1 Means of Appeals. See City of Dubuque Code of Ordinances section 14-1 A-6 Section 114. Board of Appeals. Amended to read: 114.1 Board of Appeals. See city of Dubuque code of ordinances section 14-1 A-6 Section 202 Definitions. Amendment to "building official" and inclusion of "code official': Building Official. See "Code Official". Code Official. The officer or other des- ignated authority charged with the ad- ministration and enforcement of this code, or a duly authorized representa- tive. Any reference to "building offi- cial' in this code refers to "code offi- cial'. Section 3. This ordinance shall take effect upon publication. Passed, approved, and adopted this 15th day of May, 2023. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 19'h day of May 2023. /s/Adrienne N. Breitfelder, City Clerk ORDINANCE NO. 25-23 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DE- VELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE J PROPERTY MAINTE- NANCE CODE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1 J-1 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1J-1: INTERNATIONAL PROPERTY MAINTENANCE CODE ADOPTED: That a certain document, copies of which are on file in the Offices of the Housing and Community Development Depart- ment, being marked and designated as the International Property Maintenance Code, 2021 edition, as published by the International Code Council, be and is hereby adopted as the Dubuque Property Maintenance Code, for regulating and governing the conditions and mainte- nance of all property, buildings, and struc- tures; by providing the standards for sup- plied utilities, facilities, and other physical things and conditions essential to ensur- ing that structures are safe, sanitary, and fit for occupancy and use; and the con- demnation of buildings and structures un- fit for human occupancy and use, and the Page 1019 of 2498 Book 153 Regular Session, May 15, 2023 204 demolition of such existing structures as herein provided; providing for the issu- ance of permits and collection of fees therefor; and each and all of the regula- tions, provisions, penalties, conditions, and terms of said Dubuque Property Maintenance Code are hereby referred to, adopted, and made a part hereof, as if fully set out in this legislation, with the ad- ditions, insertions, deletions, and changes, if any, prescribed in section 14- 1 J-2 of this article. Section 1. Section 14-1J-2 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1J-2: INTERNATIONAL PROP- ERTY MAINTENANCE CODE AMENDMENTS: The following additions, deletions, modifications, or amendments of the International Property Maintenance Code, 2021 edition, adopted in sec- tion 14-1J-1 of this article to read as follows: Section 10 1. 1 Title. Amended to read: 101.1 Title. These regulations shall be known as the Property Maintenance Code of the City of Dubuque, herein- after referred to as "this code." Section 103.1 Creation of enforcement agency. Amended to read: 103.1 Creation of enforcement agency. The Inspection & Construc- tion Services Division is hereby cre- ated and the official in charge thereof shall be known as the code official. The function of the agency shall be the implementation, administration, and enforcement of the provisions of this code. Section 104.1. Fees. Amended to read: 104.1. Fees. The fees for activities and services performed by the In- spection & Construction Services Di- vision will be established by the city council. Any unpaid penalty, fine, fee, or interest shall constitute a lien on the real property and may be col- lected in the same manner as a prop- erty tax. Prior to filing a lien, the City shall send a notice of intent to file a lien to the owner of the property by first class mail to such owner's per- sonal or business mailing address. Section 109.2 Notice of violation. Amended to read: 109.2 Notice of violation. The code of- ficial shall serve a notice of violation or order in accordance with Section 111.4 of this code. A notice of viola- tion is not required in every situation and city staff may issue a municipal infraction without previously issuing a notice of violation. Such notice shall be deemed to be properly served where a copy thereof is served in ac- cordance with any of the methods of service in section 111.4.2 or by first- class mail to the last known address of the owner or the owner's author- ized agent. Section 109.5. Abatement of Violation. Amended to read: 109.5. Abatement of Violation, Es- crow Established. A. Abatement of Violation. The im- position of the penalties herein de- scribed shall not preclude legal action by the City to restrain, cor- rect, or abate a violation, or to pre- vent illegal occupancy of a build- ing, structure, or premises, or to stop an illegal act, conduct, busi- ness, or utilization of the building, structure, or premises. B. Escrow System Established. 1. Pursuant to the authority granted in Iowa Code 364.17, the City hereby creates an es- crow system for the deposit of rent which will be applied to the costs of correcting violations of the codes applicable to residen- tial rental housing in the City of Dubuque. 2. No rent shall be recoverable by the owner, the owner's author- ized agent, or the lessor of any dwelling which does not comply with the codes applicable to res- idential rental housing in the City of Dubuque until such time as the dwelling does comply with the applicable codes. 3. If other methods have failed, the code official may contract to have work done as necessary to remedy violations of the applica- ble codes at a residential rental property, the cost of which shall be assessed to the owner or les- sor and constitute a lien on the property; or be paid using the funds deposited into the escrow system for the cost of correcting violations. 4. Escrow Order and Payment Re- quirement: a. An escrow order will be sent by certified mail, return receipt requested, to the owner, the owner's authorized agent, or the lessor, the first lienholder, and the tenant. A copy will be posted at the premises. b. Upon receipt of an escrow Page 1020 of 2498 Book 153 Regular Session, May 15, 2023 205 order, tenants shall pay their rent to the City which will hold the funds in escrow as pro- vided herein. When rent is placed in escrow, neither the owner, the owner's authorized agent, nor the lessor may re- cover rent from the tenant. c. The effective date of the es- crow order is fourteen (14) days from the date of the or- der. d. A first lienholder may submit proof of an "Assignment of Rents" to the City. The City will adjust the escrow order to limit escrow collection of rents to the amount above the amount of the monthly mortgage pay- ment due to the first lienholder. Unless otherwise required by law, the lienholder shall be responsible for col- lecting rents below the escrow amount. e. The owner, the owner's au- thorized agent, the lessor, or the first lienholder may appeal an escrow order to the Hous- ing Appeals and Mediation Board. f. If the Housing Appeals and Mediation Board adjusts or overturns the escrow order, the funds so adjusted shall be released to the owner, the owner's authorized agent, or the lessor and shall be paya- ble within fourteen (14) days. 5. An escrow order shall be stayed pending an appeal by an owner, the owner's authorized agent, or the lessor. 6. The City shall develop a policy outlining the parameters and pro- cedures for initiation of an escrow order. Such policy shall be on file with the Inspection and Construc- tion Service Division and available to the public for review. Section 107 Means of Appeal. Amended to read: Section 107 Means of Appeal. 107.1 General Any person directly af- fected by a decision of the code offi- cial or a notice or order issued under this code shall have the right to ap- peal to the applicable board of ap- peals, provided a written application for appeal is filed within 20 days after the day the decision, notice, or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incor- rectly interpreted, the provisions of this code do not fully apply, or the re- quirements of this code are ade- quately satisfied by other means. Section 108 Board of Appeal. Amended to read: Section 108 Boards of Appeals 108.1 General. There will be two boards for hearing appeals on matters covered by the Dubuque Property Maintenance Code. 1. The Building Code Advisory and Appeal Board will hear appeals of decisions or determinations made by the code official relative to in- terpretation of this code. The Building Code Advisory and Ap- peal Board will use the provisions of 14-1 A-6 of the City of Dubuque Code of Ordinances for the han- dling of appeals. 2. The Housing Appeals and Medi- ation Board will hear appeals re- garding repair deadlines, nui- sance abatement orders, and landlord/tenant disputes regard- ing property access, nuisance abatement, and rent abatement. The Housing Appeals and Media- tion Board will use the provisions of 14-1 J-7 of the City of Dubuque Code of Ordinances for the han- dling of appeals. Section 202. Definitions. Amended to add definitions for building official and modify the definition of code official: Building Official. See "Code Official". Code Official. The officer, officers, or other designated authorities charged with the administration and enforce- ment of this code, or any duly author- ized representative. Any reference to building official in this code refers to code official. Habitable Space. Space in a structure for living, sleeping, or eating. Bath- rooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces. Section 302.3. Sidewalks And Driveways. Amended to read: 302.3. Sidewalks And Driveways. Sidewalks, walkways, stairs, drive- ways, parking spaces, and similar ar- eas shall be kept in a proper state of repair and maintained free from haz- ardous conditions. Hazardous condi- tions are any condition stated in the City of Dubuque's Standards for De- fective Sidewalks/Approaches. Page 1021 of 2498 Book 153 Regular Session, May 15, 2023 206 Snow/ice removal shall comply with than 54 inches (1372 mm) above the section 302.3.1 of this code. bottom of the gate, the release mech- 302.3.1 Snow/Ice Removal. The anism shall be located on the pool owner of the premises shall be re- side of the gate. Self -closing and self- sponsible for snow/ice removal from latching gates shall be maintained sidewalks, walkways, stairs, drive- such that the gate will positively close ways, parking spaces, and similar ar- and latch when released from an eas immediately after the snowfall open position of 6 inches (152 mm) ends and no longer than 24 hours af- from the gatepost. An existing pool ter the snow event. enclosure shall not be removed, re - Exception: Pursuant to Iowa Code § placed, or changed in a manner that 562A.15, a landlord may enter into an reduces its effectiveness as a safety agreement, in certain circumstances, barrier. with a tenant for maintenance in Section 304.2. Protective Treatment. which case the tenant will be respon- Amended to read: sible for complying with this section. 304.2. Protective Treatment. Exterior Upon request of the city, a landlord surfaces, including but not limited to must provide a copy of the written doors, door and window frames, cor- agreement to the code official. Re- nices, porches, trim, balconies, sponsibility for a violation will default decks, and fences, shall be main - to the property owner if the requested tained in good condition. Exterior documentation is not provided within wood surfaces, other than decay -re - five (5) days of the date of service of sistant woods, shall be protected from the notice of violation. the elements and decay by painting or Section 302.4. Weeds. Amended to read: other protective covering or treat- 302.4. Weeds. Premises and exterior ment. Peeling, flaking, or chipped property shall be maintained in ac- paint shall be eliminated, and sur- cordance with section 6-8-2 of the faces repainted, regardless of City of Dubuque Code of Ordinances. whether any such surface consists of Exception: Pursuant to Iowa Code § or contains decay -resistant wood. For 562A.15, a landlord may enter into an avoidance of doubt, once an exterior agreement, in certain circumstances, wood surface consisting of or contain - with a tenant for maintenance in ing decay -resistant wood has been which case the tenant will be respon- painted, the paint must be maintained sible for complying with section 6-8-2 as provided in this code. Siding and of the City of Dubuque Code of Ordi- masonry joints, as well as those be- nances. Upon request of the city, a tween the building envelope and the landlord must provide a copy of the perimeter of windows, doors, and sky - written agreement to the code official. lights, shall be maintained weather re - Responsibility for a violation will de- sistant and watertight. Metal surfaces fault to the property owner if the re- subject to rust or corrosion shall be quested documentation is not pro- coated to inhibit such rust or corro- vided within five (5) days of the date sion. Oxidation stains and rust shall of service of the notice of violation. be removed from exterior surfaces Section 302.8. Motor Vehicles. Amended when oxidation stains or rust compro- to read: mises the function of the building 302.8. Motor Vehicles. See sections component to perform as designed. 16-7-1-3 and 16-14-5 of the City of Surfaces designed for stabilization by Dubuque Code of Ordinances. oxidation are exempt from this re - Section 303.2. Enclosures. Amended to quirement. read: Section 304.3. Address Identification. 303.2 Enclosures. All private swim- Amended to add: ming pools, hot tubs, and spas, which Exception: The fire official may sp- are capable of containing water more prove nonconforming address identi- than 24 inches (610 mm) in depth, fication. shall be completely surrounded by a Section 304.14. Insect Screens. In - fence or barrier not less than 48 sert: May 1 to November 1. inches (1219 mm) in height above the Section 304.18.1. Doors. Amended to finished ground level measured on read: the side of the barrier away from the 304.18.1. Doors. Doors providing ac- pool. Gates and doors in such barriers cess to a dwelling unit, rooming unit, shall be self -closing and self -latching. or housekeeping unit that is rented, Where the self -latching device is less leased, or let shall be equipped with a Page 1022 of 2498 Book 153 Regular Session, May 15, 2023 207 lock designed to be readily openable from the side from which egress is to be made without the need for keys, special knowledge, or special effort. Such locks shall be installed accord- ing to the manufacturer's specifica- tions and maintained in good working order. Section 305.3. Interior Surfaces. Amended to read: 305.3. Interior Surfaces. A. Interior surfaces, including win- dows and doors, shall be main- tained in good, clean, and sanitary condition. Peeling, chipping, loose, flaking, or abraded paint shall be repaired, removed, or covered. Cracked or loose plaster, decayed wood, and other defec- tive surface conditions shall be corrected. B. All residential properties receiv- ing federal assistance must be in compliance with the Lead Safe Housing Rule at 24 CFR 35 and the Lead -Based Paint Poisoning Prevention Act at 42 USC 4822. The owner of federally assisted units must provide certification that the dwelling is in accordance with said regulations. If the feder- ally assisted unit was constructed prior to 1978, upon occupancy a notice must be provided which outlines the lead -based paint reg- ulations, the hazards of lead - based paint poisoning, the symp- toms and treatment of lead poi- soning, and the precautions to be taken against lead poisoning. C. All residential property must comply with the Residential Lead - Based Paint Hazard Reduction Act of 1992, requiring the disclo- sure of known information on lead -based paint and lead -based paint hazards before the sale or lease of certain housing built be- fore 1978. Section 308.2.1. Rubbish Storage Facili- ties. Amended to add: Exception: Pursuant to Iowa Code §562A.15 a landlord may enter into an agreement, in certain circumstances, with a tenant for maintenance in which case the tenant will be respon- sible for compliance with this provi- sion. Upon request of the city, a land- lord must provide a copy of the written agreement. Responsibility for a viola- tion will default to the property owner if the requested documentation is not provided within five (5) days of the date of service of the notice of viola- tion. Section 404.4.2. Deleted. Section 404.4.3. Water Closet Accessibil- ity. Amended to read as follows: 404.4.3. Water Closet Accessibility. Every bedroom in a dwelling unit shall have access to not less than one wa- ter closet and lavatory located in the same story as the bedroom or an ad- jacent story. Section 602.3. Heat Supply. Insert: Sep- tember 15 to May 15. Section 602.4. Occupiable Workspaces. Insert: September 15 to May 15. Section 602.5. Room Temperature Meas- urement. Amended to read: 602.5. Room Temperature Measure- ment. The required room tempera- tures shall be measured three (3) ft. (914 mm) above the floor, at an inte- rior wall. Section 605.2. Receptacles. Amended to add: Exception: In lieu of every habitable space in a dwelling containing two separate and remote receptacle out- lets, one receptacle and a separate permanently installed light fixture is allowable. Section 702.4. Emergency escape open- ings. Amended to read: 702.4. Emergency escape and res- cue openings. Basements, habitable attics, and every sleeping room shall not have less than one operable emergency escape and rescue open- ing. Where basements contain one or more sleeping rooms, an emergency escape and rescue opening shall be required in each sleeping room. Emergency escape and rescue open- ings shall open directly into a public way, or to a yard or court having a minimum width of 36 inches (914 mm) that opens to a public way. Emer- gency escape and rescue openings shall have minimum dimensions in ac- cordance with 702.4.1 through 704.2.3 of this code. Exception: Window replacements permitted between April 11, 2016 and the effective date of this ordinance that serve as the required emergency escape and rescue opening will be al- lowed to remain as long as they meet the following requirements: a. Window was permitted as re- quired by the City of Dubuque b. Window was approved as code compliant as documented by the City of Dubuque. 702.4.1 Minimum size. Emergency Page 1023 of 2498 Book 153 Regular Session, May 15, 2023 208 escape and rescue openings shall have a net clear opening of not less than 4.0 square ft. (0.370 m2). 702.4.2 Minimum dimensions. The mini- mum net clear opening height dimension shall be 22 inches (558 mm). The mini- mum net clear opening width dimension shall be 20 inches (508 mm). The net clear opening dimensions shall be the re- sult of normal operation of the opening. 702.4.3 Maximum height from floor. Emergency escape and rescue openings shall have the bottom of the clear opening not greater than 48 inches (1219 mm) above the floor. Exception: An existing finished sill height may exceed 48 inches (1219 mm) above the floor if the following conditions are met: a. A platform capable of supporting a live load of 300 pounds shall be permanently affixed at the interior of the structure. This platform shall be no lower than 20 inches (508 mm) above the floor and no higher than 36 inches (914 mm) above the floor. The distance from the platform to the bottom of the clear opening shall not exceed 36 inches (914 mm). The platform shall extend outward from the wall a minimum of 18 inches (457 mm) and shall be a minimum of 36 inches (914 mm) wide or as wide as the clear openable width of the window, whichever is greater, or another approved method/plat- form. b. The building is equipped with smoke alarms installed in accord- ance with Section R314 of the In- ternational Residential Code in one- and two-family dwellings, or Section 907.2.10 of the Interna- tional Building Code for all other structures, regardless of the valu- ation of the alteration. Appendix A - Do not adopt Appendix B - Do not adopt Section 3. Section 14-1J-3 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1J-3: RENTAL LICENSES: M. Licensed Rental Units: 1. All rental units are subject to reg- ular inspection and follow up re -in- spection as necessary. 2. Not less than seven (7) calendar days prior to a scheduled inspec- tion, the City will mail to the li- cense holder or the license holder's authorized representative, by regular mail, notice of the date and time of the scheduled inspection. If the li- cense holder or an authorized rep- resentative of the license holder is not present at the time of the scheduled inspection, and the in- spector is unable to obtain entry to the rental unit, a second inspec- tion will be scheduled. The license holder shall be responsible for no- tifying all affected tenants of each scheduled inspection. a. The license holder may can- cel a scheduled inspection once without payment of a re- scheduling fee, provided the city manager or the city man- ager's designee is notified of the cancellation not less than two (2) business days prior to the scheduled inspection. Section 4. This ordinance shall take effect upon publication. Passed, approved, and adopted this 15th day of May, 2023. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 19'h day of May 2023. /s/Adrienne N. Breitfelder, City Clerk ORDINANCE NO. 26-23 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DE- VELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE K INTERNATIONAL EX- ISTING BUILDING CODE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1 K-1 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1K-1: INTERNATIONAL EXISTING BUILDING CODE ADOPTED: Except as hereinafter added to, deleted, modified or amended, there is hereby adopted by reference as the existing building code of the City that certain ex- isting building code known as the Interna- tional Existing Building Code, 2021 edi- tion, published by the International Code Council, and the provisions of such exist- ing building code shall be controlling for all matters covered by such existing build- ing code within the corporate limits of the City and shall be known as the Dubuque Existing Building Code. A copy of the In- ternational Existing Building Code, 2021 edition, as adopted, shall be on file in the Office of the City Clerk for public inspec- tion. Page 1024 of 2498 Book 153 Regular Session, May 15, 2023 209 Section 2. Section 14-1 K-2 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1 K-2: INTERNATIONAL EXISTING BUILDING CODE AMENDMENTS: The following additions, deletions, modifi- cations, or amendments of the Interna- tional Existing Building Code, 2021 edi- tion, adopted in section 14-1 K-1 of this ar- ticle to read as follows: Section 101.1 Title. Amended to read: 101.1 Title. These regulations shall be known as the Dubuque Building Code, hereinafter referred to as "this code." Section 103.1 Creation Of Enforcement Agency. Amended to read: 103.1 Creation Of Enforcement Agency. There is hereby established in the City the Inspection & Construc- tion Services Division, which shall be under the jurisdiction of the code offi- cial. Section 105.5 Expiration. Amended to read: 105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is completed within one year after its issuance. The building official is au- thorized to grant, in writing, one or more extensions of time, for periods of not more than 180 days each. Each extension shall be requested in writ- ing and justifiable cause demon- strated. Section 112 Means of Appeals. Replaced with: See City of Dubuque Code of Ordi- nances section 14-1A-6. Section 505.3 Replacement window emergency escape and rescue opening. Amended to read: 505.3 Replacement window emer- gency escape and rescue openings. Where windows are required to pro- vide emergency escape and rescue openings in Group R-2 and R-3 occu- pancies regulated by the International Building Code and one- and two-fam- ily dwellings and townhouses regu- lated by the International Residential Code, replacement windows shall be permitted to have minimum dimen- sions in accordance with Sections 505.3.1 through 505.3.4 of this code, provided the replacement window meets the following conditions: 1. The replacement window is the manufacturer's largest standard size window that will fit within the existing frame or existing rough opening; Provided that the re- placement window shall be of a style that provides for the largest net clear window opening area in the existing frame or existing rough opening. 2. The replacement window is not part of a change of occupancy. Section 505.3.1 Minimum size. Amended to read: 505.3.1 Minimum size. Emergency escape and rescue openings shall have a net clear opening of not less than 4.0 square ft. (0.372 m2). Section 505.3.2 Minimum dimensions. Amended to read: 505.3.2 Minimum dimensions. The minimum net clear opening height di- mension shall be 22 inches (558 mm). The minimum net clear opening width dimension shall be 20 inches (508 mm). The net clear opening dimen- sions shall be the result of normal op- eration of the opening. Section 505.3.3 Maximum height from floor. Amended to read: 505.3.3 Maximum height from floor. Emergency escape and rescue open- ings shall have the bottom of the clear opening not greater than 48 inches (1219 mm) above the floor. Exception: An existing finished sill height may exceed 48 inches (1219 mm) above the floor if the following conditions are met: a. A platform capable of supporting a live load of 300 pounds shall be permanently affixed at the interior of the structure. This platform shall be no lower than 20 inches (508 mm) above the floor and no higher than 36 inches (914 mm) above the floor. The distance from the platform to the bottom of the clear opening shall not exceed 36 inches (914 mm). The platform shall extend outward from the wall a minimum of 18 inches (457 mm) and shall be a minimum of 36 inches (914 mm) wide or as wide as the clear openable width of the window, whichever is greater, or another approved method/plat- form. b. The building is equipped with smoke alarms installed in accord- ance with Section R314 of the In- ternational Residential Code in one and two-family dwellings, or Section 907.2.10 of the Interna- tional Building Code for all other structures, regardless of the valu- ation of the alteration. Section 505.4 Bars, grilles, covers or screens. Amended to read: Page 1025 of 2498 Book 153 Regular Session, May 15, 2023 210 505.4 Bars, grilles, covers, or screens. Bars, grilles, covers, screens, or similar devices are permit- ted to be placed over emergency es- cape and rescue openings, bulkhead enclosures, or window wells that serve such openings, provided all of the following conditions are met: 1. Such devices shall be releasable or removable from the inside with- out the use of a key, tool, or force greater than that which is required for normal operation of the escape and rescue opening. 2. Where such devices are installed, they shall not reduce the net clear opening of the emergency escape and rescue openings. 3. Smoke alarms shall be installed in accordance with Section R314 of the International Residential Code in one and two-family dwell- ings, or Section 907.2.10 of the In- ternational Building Code for all other structures, regardless of the valuation of the alteration. Section 702.5 Replacement window emergency escape and rescue opening. Amended to read: 702.5 Replacement window emer- gency escape and rescue opening. Where windows are required to pro- vide emergency escape and rescue openings in Group R-2 and R-3 occu- pancies regulated by the International Building Code and one- and two-fam- ily dwellings and townhouses regu- lated by the International Residential Code, replacement windows shall be permitted to have minimum dimen- sions in accordance with Sections 702.5.1 through 702.5.4 of this code, provided the replacement window meets the following conditions: 1. The replacement window is the manufacturer's largest standard size window that will fit within the existing frame or existing rough opening. The replacement win- dow shall be of a style that pro- vides for the greatest net clear window opening area in the exist- ing frame or existing rough open- ing. 2. The replacement window is not part of a change of occupancy. Section 702.5.1 Minimum size. Amended to read: 702.5.1 Minimum size. Emergency escape and rescue openings shall have a net clear opening of not less than 4.0 square ft. (0.372 m2). Section 702.5.2 Minimum dimensions. Amended to read: 702.5.2 Minimum dimensions. The minimum net clear opening height di- mension shall be 22 inches (558 mm). The minimum net clear opening width dimension shall be 20 inches (508 mm). The net clear opening dimen- sions shall be the result of normal op- eration of the opening. Section 702.5.3 Maximum height from floor. Amended to read: 702.5.3 Maximum height from floor. Emergency escape and rescue open- ings shall have the bottom of the clear opening not greater than 48 inches (1219 mm) above the floor. Exception: An existing finished sill height may exceed 48 inches (1219 mm) above the floor if the following conditions are met: a. A platform capable of supporting a live load of 300 pounds shall be permanently affixed at the interior of the structure. This platform shall be no lower than 20 inches (508 mm) above the floor and no higher than 36 inches (914 mm) above the floor. The distance from the platform to the bottom of the clear opening shall not exceed 36 inches (914 mm). The platform shall extend outward from the wall a minimum of 18 inches (457 mm) and shall be a minimum of 36 inches (914 mm) wide or as wide as the clear openable width of the window, whichever is greater, or another approved method/plat- form. c. The building is equipped with smoke alarms installed in accord- ance with Section R314 of the In- ternational Residential Code in one and two-family dwellings, or Section 907.2.10 of the Interna- tional Building Code for all other structures, regardless of the valu- ation of the alteration. Section 3. This ordinance shall take effect upon publication. Passed, approved, and adopted this 15th day of May, 2023. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 19th day of May 2023. /s/Adrienne N. Breitfelder, City Clerk 5. Adoption of the 2021 Uniform Plumbing Code: Motion by Jones to receive and file the documents and that the requirement that a pro- posed ordinance be considered and voted on for passage at two Council meetings prior to Page 1026 of 2498 Book 153 Regular Session, May 15, 2023 211 the meeting at which it is to be passed be sus- pended. Seconded by Farber. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 27-23 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes; and Ordinance No. 28-23 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes by repealing Article H Plumbing Code and adopting a new Article H Plumbing Code in lieu thereof. Seconded by Wethal. Motion carried 7-0. ORDINANCE NO. 27-23 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DE- VELOPMENT, CHAPTER 1 BUILDING CODES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Title 14 Building and Develop- ment, Chapter 1 is amended by repealing Arti- cle G Fuel Gas Code. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 15'h day of May, 2023. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 19th day of May, 2023. /s/Adrienne N. Breitfelder, City Clerk ORDINANCE NO. 28-23 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DE- VELOPMENT, CHAPTER 1 BUILDING CODES BY REPEALING ARTICLE H PLUMBING CODE AND ADOPTING A NEW ARTICLE H PLUMBING CODE IN LIEU THEREOF NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Title 14, Chapter 1 of the City of Dubuque Code of Ordinances is hereby re- pealed and the following adopted in lieu thereof: ARTICLE H. PLUMBING CODE 14-1 H-1: UNIFORM PLUMBING CODE ADOPTED: Except as hereinafter added to, deleted, modified or amended, the Plumbing Code as adopted and amended by the State of Iowa Administrative Code 641 Chapter 25 is hereby adopted by reference as the Dubuque Plumbing Code, subject to the amendments and adoptions by the State of Iowa Department of Public Safety, and the provisions of such Plumbing Code shall be controlling for the installation, alteration, re- pair, relocation, replacement, addition to and use or maintenance of plumbing equip- ment and systems in all matters covered by such Plumbing Code within the corporate limits of the City. A copy of the Uniform Plumbing Code, 2021 edition, as adopted, shall be on file in the Office of the City Clerk for public inspection. 14-1 H-2: UNIFORM PLUMBING CODE AMENDMENTS: The following additions, deletions, modifi- cations, or amendments of the Uniform Plumbing Code, 2021 edition, adopted in section 14-1 H-1 of this article to read as fol- lows: Section 101.1 Title. Amended to read: 101.1 Title. These regulations shall be known as the Dubuque Plumbing Code, hereinafter referred to as "this code." Section 104.5 Fees. Amended to read: 104.5 Fees. The fees for each permit shall be as set forth by the city coun- cil. Section 104.5.3 Fee Refunds. Amended to read: 104.5.3 Fee Refunds. The Code Offi- cial may authorize the refunding of a fee as follows: (1) The code official may authorize the refunding of any fee paid here- under which was erroneously paid or collected. (2) The code official may authorize the refunding of not more than eighty (80) percent of the permit fee paid when no work has been done under a permit issued in ac- cordance with this code. (3) The code official may authorize the refunding of not more than eighty (80) percent of the plan re- view fee paid when an application for a permit for which a plan re- view fee has been paid is with- drawn or cancelled before any plan review effort has been ex- pended. Table 104.5 Plumbing Permit Fees. Delete Table. Table 604.1 Materials for Building Supply and Water Distribution Piping and Fit- tings. Amended as follows: Table 604.1 MATERIALS FOR BUILDING SUPPLY AND WATER DIS- TRIBUTION PIPPING AND FITTINGS MATE- BUILD- WATER REFER- REFER- RIAL ING DISTRIBU- ENCED ENCED SUPPLY TION PIPE STAND- STAND- PIPE AND FIT- ARD(S) PIPE ARD(S) FIT - ND FIT- TINGS TINGS TINGS Capper ASTMB42,AS SMEB16.15, X(3) X TMB43, SMEB16.18, and ASTMB75, SMEB16.22, Page 1027 of 2498 Book 153 Regular Session, May 15, 2023 212 Copper ASTMB88, ASIVIEB16,26, Alloys ASTMB135, AS- ASTMB251, MEB16.50(2), ASTMB302, ASMEB16.51, ASTMB447 ASSE1061, ASTMF3226, IAPMOPS117 Ductile ASMEB16.4, Iron X X AWWAC151 AWWAC110, AWWAC153 Galva- nized X ASTMA53 - Steel Mallea- X X - ASMEB16.3 ble Iron PE -AL- x ASTMF1282, ASTMF1282, ASTMF1974, PE CSAB137.9 CSAB 137.9 PE -AL- X ASTMF1986 ASTM1986 PEX ASSE1061, ASTM D3261, ASTMF1055, ASTMF2769, ASTMF1807, PE-RT x CSAB137.18 ASTMF2098, ASTMF2159, ASTMF2735, ASTMF2769, CSAB137.18 ASSE1061, ASTMF877, ASTMF876, ASTMF1807, PEX X(3) X CSAB137.5, ASTMF1960, AW- ASTMF2080, WAC904(1) ASTMF2159, ASTMF2735, CSAB 137.5 ASTMF1281, PEX- x ASTMF1281, ASTMF1974, AL-PEX CSAB137.10 ASTMF2434, CSAB137.10 Stain- ASTMA269, less ASTMA312, ASTMF3226, X X ASTMA554, IAPMOPS117 Steel ASTMA778 .................................................................................Notes:.................................................................................... ................................................................................................................................................................................................. 1) or Building supply or exterior cold -water applications, not; for water distribution pipi_n.9........................................................................................................ .). For Brazed Fittings only.......................................................................................................... 3) Building Supply water piping to the point of entrance into; the building K shall be Copper type , or cast-iron water pipe. Section 604.1 Pipe, Tube, and Fittings. Add subsection as follows: 604.1.1 Building Supply piping. Build- ing supply water piping to the point of entrance to the building shall be made of copper tube type K, or cast-iron wa- ter pipe. 604.3 Copper or Copper Alloy Tube. Cop- per or copper alloy tube for water piping shall have a min. weight as follows: 604.3.1 Building Supply. Copper or copper alloy tube for building supply piping shall be type K to the point of entrance to a building or structure. 604.3.1 Distribution Piping. Copper or copper alloy tube for water distribution within a building or structure shall be type L or type K. Exception: Type M copper or copper alloy tubing shall be permitted to be used for water piping where piping is above -ground in, or on, a building. Section 604.10 Plastic Materials. Amend section as follows: 604.10 Plastic Materials. Approved plastic materials shall be permitted to be used in building distribution piping, provided that where metal building distribution piping is used for electrical grounding purposes, replacement piping, therefore, shall be of like ma- terials. Exception: Where a grounding sys- tem acceptable to the Authority Hav- ing Jurisdiction is installed, inspected, and approved, the metallic pipe shall be permitted to be replaced with non- metallic pipe. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 15tn day of May, 2023. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 19th day of May 2023. /s/Adrienne N. Breitfelder, City Clerk 6. Amendment to Ordinance 14-9-1 Swim- ming Pools: Motion by Roussell to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Sprank. Re- sponding to a question from the City Council, Mr. Belmont stated that the ordinance amend- ment updates the definition of "swimming pool' to address safety issues. Motion carried 7-0. Motion by Roussell for final consideration and passage of Ordinance No. 29-23 Amend- ing City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 9 Swimming Pools, Section 14-9-1 Definition. Seconded by Sprank. Motion carried 7-0. ORDINANCE NO. 29-23 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DE- VELOPMENT, CHAPTER 9 SWIMMING POOLS, SECTION 14-9-1 DEFINITION NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-9-1 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-9-1: DEFINITION: As used in this chapter, a "swimming pool' is defined as any constructed or prefabricated pool, hot tub, spa, or other container used for swimming, bathing, or wading, which is capable of containing water over Page 1028 of 2498 Book 153 Special Session, May 31, 2023 213 twenty-four inches (24") in depth. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 15'h day of May, 2023. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 19th day of May, 2023. /s/Adrienne N. Breitfelder, City Clerk COUNCIL MEMBER REPORTS Council Member Jones reported on the up- coming honor flights at the Dubuque Regional Airport. Mayor Cavanagh reported on the high at- tendance at the recent Dubuque farmer's mar- kets. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 8:00 p.m. to discuss Pending Litigation and Purchase or Sale of Real Estate — Chapter 21.5(1)(c),Q) Code of Iowa. Seconded by Res- nick. Mayor Cavanagh stated for the record that the attorney who will consult with the City Council on the issues to be discussed in the closed session is City Attorney Brumwell. Mo- tion carried 7-0. The City Council reconvened in open ses- sion at 9:27 p.m. stating that staff had been given proper direction. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 9:27 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on May 31, 2023, in Con- ference Room A of City Hall, 50 W. 13'h St., Dubuque, Iowa. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick (attended virtu- ally), 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 closed session pursuant to Iowa Code Chapter 21.5. CLOSED SESSION Motion by Farber to convene in closed ses- sion at 5:30 p.m. to discuss Professional Eval- uation(:) — Chapter 21.5(1)(i) Code of Iowa. Seconded by Roussell. Motion carried 7-0. The City Council reconvened in open ses- sion at 8:59 p.m. stating that staff had been given proper direction. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 8:59 p.m. /s/Adrienne N. Breitfelder, City Clerk Page 1029 of 2498 Book 153 Special and Regular Sessions, June 5, 2023 214 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on June 5, 2023, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick (attended virtu- ally), 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 on Achievelt and Imagine Dubuque progress updates. WORK SESSION Achievelt and Imagine Dubuque Progress Up- dates Assistant City Manager Cori Burbach and International City/County Management Associ- ation (ICMA) Fellow Abhishek Rai presented updates on the use of the Achievelt platform for reporting progress related to City Council Goals & Priorities. Following their presentation, Assistant Planner Jason Duba presented on the Imagine Dubuque Comprehensive Plan and how its progress will be reported within the Achievelt platform. Responding to questions from the City Council, Ms. Burbach stated that data within Achievelt can be embedded in city webpages for residents to view. Ms. Burbach also stated that the platform contains both the current and the past year's City Council goals and priorities. City Council members ex- pressed their preference for an interactive ver- sion of the data within the platform. There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:18 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on June 5, 2023, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6t" Street, Dubuque, Iowa. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick (attended virtu- ally), 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 busi- ness that may properly come before the City Council. City Clerk Breitfelder announced that Council Member Reports would occur after the pledge of allegiance. PLEDGE OF ALLEGIANCE COUNCIL MEMBER REPORTS Mayor Cavanagh read a statement in re- sponse to several recent hate or bias incidents in the community. Council Member Sprank reported on the pride family picnic. Council Member Resnick reported on his recent visit to England and the cultural diversity within its cities. Council Member Wethal reported on serv- ing as an honor flight guardian and the pride family picnic. Cd0P►&14i<t9ff=V,K Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Wethal. Motion carried 7-0. 1. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 2/28/23 and 3/28/23; City Council Proceedings of 5/15/23; Civil Service Commission of 5/10/23; Zoning Advisory Commission of 5/3/23; Zoning Board of Adjustment of 4/27/23; Proof of Publication for City Council Proceed- ings of 4/24/23, 5/1/23, and 5/15/23. Upon mo- tion the documents were received and filed. Page 1030 of 2498 Book 153 Regular Session, June 5, 2023 215 2. Notice of Claims and Suits: Robert Berry for personal injury; John Higgins for property damage; Shyla Thurston for vehicle damage. Upon motion the documents were received, filed, and referred to the City Attorney. 3. Disposition of Claims: City Attorney ad- vised that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Robert Berry for personal injury; John Higgins for property damage; Shyla Thurston for vehicle damage. Upon motion the docu- ments were received, filed, and concurred. 4. Approval of City Expenditures: Upon mo- tion the documents were received and filed, and Resolution No. 162-23 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. 162-23 AUTHORIZING THE CHIEF FINANCIAL OF- FICER / CITY TREASURER TO MAKE CER- TAIN 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 gen- erally accepted internal control procedures and have been determined to have been requisi- tioned for a lawful municipal purpose; and Whereas, the Chief Financial Officer -City Treasurer has provided a list of Expenditures [provided] 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 Fi- nancial Officer -City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is [provided] 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 pay- ment 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 ac- cordance with approved budget appropria- tions. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Chief Fi- nancial Officer are hereby authorized and di- rected to provide the statement of receipts and disbursements to the City Council, and to pub- lish a summary thereof. Passed, approved, and adopted this 51h day of June, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Budget Amendment for Fiscal Year 2024 Sustainability Budget: City Manager recom- mended City Council approve a Sustainability Budget Amendment for a Fiscal Year 2024 Sustainability Improvement Package for En- ergy Benchmarking to instead be applied to the Iowa Initiative for Sustainable Communities participation fee. Upon motion the documents were received, filed, and approved. 6. 2023 Dubuque Community Equity Pro- file: The Community Foundation of Greater Dubuque's 2023 Dubuque Community Equity Profile was provided. Upon motion the docu- ments were received and filed. 7. Crescent Community Health Center: Im- pact Report 2022: Upon motion the documents were received and filed. 8. 2023-2024 Art on the River Exhibit Se- lections: City Manager recommended City Council approval of the Arts & Cultural Affairs Advisory Commission's recommendation for the 2023-2024 Art on the River sculpture selec- tions. Upon motion the documents were re- ceived, filed, and approved. 9. American Public Works Association's (APWA) Application for Voluntary Accredita- tion: Upon motion the documents were re- ceived, filed, and approved. 10. Consumer Confidence Water Quality Report 2023: Upon motion the documents were received and filed. 11. Dubuque Main Street's Housing Busi- ness Luncheon Information: City Manager pro- vided a copy of the City of Dubuque handouts that were distributed at Dubuque Main Street's Housing Business Luncheon featuring Iowa Fi- nance Authority Director Debi Durham as the Keynote Speaker. The event program was also included. Upon motion the documents were re- ceived and filed. Page 1031 of 2498 Book 153 Regular Session, June 5, 2023 216 12. Community Development Block Grant (CDBG) Subrecipient Agreement — Affordable Housing Network, Inc. 90 Main Street HVAC Replacement: Upon motion the documents were received and filed, and Resolution No. 163-23 Authorizing execution of CDBG Subre- cipient Agreement with Affordable Housing Network, Inc. was adopted. RESOLUTION NO. 163-23 AUTHORIZING EXECUTION OF CDBG SUB - RECIPIENT AGREEMENT WITH AFFORDA- BLE HOUSING NETWORK, INC. Whereas, the Affordable Housing Network, Inc. prepared a request to improve the quality of existing affordable rental housing at 90 Main Street utilizing Community Development Block Grant funds; and Whereas, the City Council approved the CDBG Fiscal Year 2022/Program Year 2021 Amendment #2 budget that included an in- creased budget for AHNI Agreements to ac- commodate this request; and Whereas, a Categorically Excluded Subject to Review with 24 CFR Part 58.5 Environmen- tal Review has been completed, and no com- pliance or consultation with regulatory authori- ties were found to be required; therefore, con- verting the project to exempt; and Whereas, all services provided will be to a minimum of 51 % low/moderate income resi- dents, meeting the CDBG National Objective of Low/Mod-Income Housing benefit, and eligible activity of 14B: Rehab, Multi -Unit Residential. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the subrecipient agreement with Affordable Housing Network, Inc., begin- ning no sooner than June 6, 2023 be approved. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute said Agreement and related docu- ments on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 51h day of June 2023. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 13. First Amendment to Community Devel- opment Block Grant CARES Act (CDBG-CV) Subrecipient Agreement for Almost Home Re- habilitation: Upon motion the documents were received and filed, and Resolution No. 164-23 Authorizing the First Amendment to the CDBG- CV Subrecipient Agreement with Almost Home at St. John's was adopted. RESOLUTION NO. 164-23 AUTHORIZING THE FIRST AMENDMENT TO THE CDBG-CV SUBRECIPIENT AGREE- MENT WITH ALMOST HOME AT ST. JOHN'S Whereas, the City of Dubuque and Almost Home at St. John's entered into a CDBG-CV Subrecipient Agreement dated October 17, 2022 with respect to rehab the shelter to re- spond to the COVID-19 pandemic; and Whereas, the City Council approved the Iowa Economic Development Authority CDBG- CV agreement with the City of Dubuque on De- cember 21, 2020; and Whereas, the parties desire to modify the Subrecipient Agreement as set out in the First Amendment to the Subrecipient Agreement [provided] hereto; and Whereas, Almost Home at St. John's will provide services to a majority low to moderate - income individuals and serve a group primarily presumed to be LMI such as homeless per- sons. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the First Amendment to the Subrecipient Agreement with Almost Home at St. John's be approved. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute said Agreement and related docu- ments on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 5'h day of June 2023. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 14. Signed Contract for 514 Angella Pro- ject: City Manager recommended City Council receive and file the signed contract for 514 An- gella, which is currently under construction by the Four Mound HEART programs. Approval authorizes payments to Four Mounds on a weekly basis. Upon motion the documents were received, filed, and approved. 15. Landlord Incentives for Accepting Housing Assistance — Damage Protection Pro- gram Ending: Upon motion the documents were received and filed. 16.2023 Pavement Marking Project: Award Public Improvement Contract: Upon motion the documents were received and filed, and Reso- lution No. 165-23 Awarding Public Improve- ment Contract for the 2023 Pavement Marking Project was adopted. RESOLUTION NO. 165-23 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE 2023 PAVEMENT MARK- ING PROJECT Whereas, sealed proposals have been sub- mitted by contractors for the 2023 Pavement Marking Project, (the Project) pursuant to Res- olution No. 127-23 and Notice to Bidders pub- lished on the City of Dubuque, Iowa website Page 1032 of 2498 Book 153 Regular Session, June 5, 2023 217 and plan room service with statewide circula- tion on the 5th day of May 2023; and Whereas, said sealed proposals were opened and read on the 18th day of May 2023 and it has been determined that Ostrom Paint- ing & Sandblasting, Inc. of Rock Island, IL sub- mitted low bid in the amount of $215,350.73., and is the lowest responsive, responsible bid- der for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Ostrom Painting & Sandblasting, Inc. and the City Manager is hereby directed to execute a Public Improve- ment Contract on behalf of the City of Dubuque for the Project. Passed, adopted, and approved this 5th day of June 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breiffelder, City Clerk 17. Agreement with James B. Gansen and Mary L. Gansen — Relocating an Access Ease- ment over City of Dubuque Property along Bellevue Heights Road: Upon motion the doc- uments were received and filed, and Resolu- tion No. 166-23 Approving an Agreement be- tween the City of Dubuque, Iowa, and James B. Gansen and Mary L. Gansen was adopted. RESOLUTION NO. 166-23 APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND JAMES B. GANSEN AND MARY L. GANSEN Whereas, James B. Gansen and Mary L. Gansen (Gansen) are the owners of the prop- erty legally described as: Lot 2 JQ Acres No. 3, Dubuque County, Iowa, according to the recorded plat thereof and as shown on Exhibit A (Gansen Property); and Whereas, City is the owner of the property legally described as: Lot 1 JQ Acres, Dubuque County, Iowa, according to the recorded plat thereof and as shown on Exhibit A (City Prop- erty); and Whereas, the Gansen Property has access to the public road and right of way of Bellevue Heights Road over the City Property via an ex- isting 66' wide access easement as shown on the final plat of JQ Acres filed as instrument number 2011-00007351 in the Office of the Dubuque County Recorder, [provided] as Ex- hibit A; and Whereas, the Iowa DNR has inadvertently constructed several hiking trails related im- provements in the area of the existing access easement; and Whereas, Gansen, after coordination with City and County Engineering staff, have relocated their driveway improvements to not conflict with the City trail improvements and to connect to Bellevue Heights Road at a safer lo- cation; and Whereas, City and Gansen would like to enter into an agreement to relocate the access easement in order to provide Gansen safer ac- cess to Bellevue Heights Road and resolve the issues with the encroaching City trail improve- ments; and Whereas, via the [provided] agreement, the parties have come to terms as set forth herein for how to best effectuate the components of the easement relocation to maximize the ben- efits to each party and the residents and visi- tors to Dubuque; and Whereas, Gansen has executed the Agree- ment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Agreement [provided] hereto is hereby approved. Section 2. The City Manager is authorized and directed to execute the Agreement on be- half of the City of Dubuque. Passed, approved, and adopted this 5t1 day of June 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 18. City of Dubuque Municipal Separate Storm Sewer System (MS4) Inspection: City Manager recommended City Council officially record the results of the Iowa Department of Natural Resources (DNR's) recent inspection of the City's National Pollution Discharge Elim- ination System (NPDES) Municipal Separate Storm Sewer System (MS4) permit compliance program in the minutes of the City Council. Upon motion the documents were received, filed, and made a matter of record. 19. Agreement with C Ellis Properties, LLC — Extending Existing Sidewalk on Miracle League Drive to the Veterans Memorial Park Property: Upon motion the documents were re- ceived and filed, and Resolution No. 167-23 Approving an Agreement between the City of Dubuque, Iowa and C Ellis Properties, LLC was adopted. RESOLUTION NO. 167-23 APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND C EL- LIS PROPERTIES, LLC Whereas, C Ellis Properties, LLC (CEP) is the owner of the property legally described as: Lot 1 of Lot 9, Block 5, in "Scenic View Heights No. 2", in the City of Dubuque, Iowa, according to the recorded plat thereof and as shown on Exhibit A (the Real Page 1033 of 2498 Book 153 Regular Session, June 5, 2023 218 Estate); and Whereas, City is the owner of the abutting right-of-way known as Miracle League Drive as shown on Exhibit A; and Whereas, there is an existing sidewalk along the east side of Miracle League Drive that terminates 100 ft. south of the City -owned Veterans Memorial Park property as shown on Exhibit A; and Whereas, City wishes to extend the existing sidewalk on the east side of Miracle League Drive to the Veterans Memorial Park property to provide a continuous sidewalk from Kane Street for safe pedestrian access to the park (Sidewalk Project); and Whereas, the existing access driveway to the Veterans Memorial Park encroaches onto the CEP property and the Sidewalk Project im- provements will encroach onto the CEP prop- erty; and Whereas, CEP is willing to grant a perma- nent access and sidewalk easement to the City over the encroaching park driveway area and future Sidewalk Project area; and Whereas, via the [provided] agreement, the parties have come to terms as set forth herein for how to best effectuate the components of the Sidewalk Project to maximize the benefits to each party and the residents and visitors to Dubuque; and Whereas, CEP has executed the Agree- ment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Agreement [provided] hereto is hereby approved. Section 2. The City Manager is authorized and directed to execute the Agreement on be- half of the City of Dubuque. Passed, approved, and adopted this 5th day of June 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 20. Acceptance of Lot A in Rustic Point Es- tates: Upon motion the documents were re- ceived and filed, and Resolution No. 168-23 Accepting the dedication of Lot A of Rustic Point Estates, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 168-23 ACCEPTING THE DEDICATION OF LOT A OF RUSTIC POINT ESTATES, IN THE CITY OF DUBUQUE, IOWA Whereas, Lot A (Storm Water Detention), Lot B (Derby Grange Rd.), Lot C (John F. Ken- nedy Road), Lot E (Barnwood Lane), Lot F (Wagon Wheel Lane), and Lot G (Sickle Lane) of the Final Plat of Rustic Point Estates in the City of Dubuque, Iowa were dedicated by the owner, Derby Grange, LLC to the public for the described purposes; and Whereas, Pursuant to Resolution No. 266- 17, Lot B (Derby Grange Rd.), Lot C (John F. Kennedy Road), Lot E (Barnwood Lane), Lot F (Wagon Wheel Lane), and Lot G (Sickle Lane) of the Final Plat of Rustic Point Estates in the City of Dubuque, Iowa were accepted by the City of Dubuque for the described purposes. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the City of Dubuque wishes to now accept the dedication of Lot A of the Fi- nal Plat of Rustic Pointe Estates for the pur- poses of owning and maintaining the storm wa- ter detention facilities on said Lot A. Section 2. That the dedication of Lot A of the Final Plat of Rustic Point Estates in the City of Dubuque, Iowa, is hereby accepted. Passed, adopted, and approved this 5'h day of June, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 21. English Lane Sanitary Replacement Project: Upon motion the documents were re- ceived and filed, and Resolution No. 169-23 Accepting the English Lane Sanitary Recon- struction Project and authorizing the payment to the contractor was adopted. RESOLUTION NO. 169-23 ACCEPTING THE ENGLISH LANE SANI- TARY RECONSTRUCTION PROJECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the English Lane Sanitary Reconstruction Project (the Project) has been completed by the Contractor, Offset Construction, LLC, (Con- tractor), the City Engineer has examined the work and recommends that the Project be ac- cepted; and Whereas, the final contract amount for the Project is $67,155.76; and Whereas, the Contractor has previously been paid $63,797.97, leaving a balance of $3,357.79; 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 $3,357.79 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. Page 1034 of 2498 Book 153 Regular Session, June 5, 2023 219 Passed, approved, and adopted this 5ch day of June 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 22. Signed Contract(s): Dittmer Recycling, Inc. for the processing and marketing of recy- clables; RDG Planning & Design, Inc. for the Grand River Center parking lot lighting design and consulting services. Upon motion the doc- uments were received and filed. 23. Improvement Contracts / Performance, Payment, and Maintenance Bonds: Offset Construction, LLC for the St Anne & Avalon In- tersection Reconstruction Project. Upon mo- tion the documents were received, filed, and approved. 24. Request for City Council Ratification of Five Amendments to current Collective Bar- gaining Agreements: Upon motion the docu- ments were received, filed, and approved. 25. Dubuque Jaycees Fireworks Permit: City Manager recommended City Council ap- proval to issue a permit to the Dubuque Jay- cees for a fireworks display on July 3, 2023. Upon motion the documents were received, filed, and approved. 26. Dubuque Golf and Country Club Fire- works Permit: City Manager recommended City Council approval to issue a permit to the Dubuque Golf and Country Club for a fireworks display on July 4, 2023. Upon motion the doc- uments were received, filed, and approved. 27. Dubuque Golf and Country Club Fire- works Request 2023: Correspondence from Lance Marting, General Manager/CEO of Dubuque Golf and Country Club, requesting approval to conduct a fireworks display on Tuesday, July 4, 2023 at 9:30 p.m. on the Dubuque Golf and Country Club grounds with a rain date of Wednesday, July 5, 2023. Upon motion the documents were received, filed, and approved. 28. Adoption of Supplement Number 2023 S-10 to the City of Dubuque Code of Ordi- nances: Upon motion the documents were re- ceived and filed, and Resolution No. 170-23 Adopting Supplement No. 2023 S-10 to the Code of Ordinances of the City of Dubuque, Iowa was adopted. RESOLUTION NO. 170-23 ADOPTING SUPPLEMENT NO. 2023 S-10 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance No. 43- 09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its entirety; and Whereas, since August 17, 2009, the City of Dubuque, Iowa has compiled supplements to the Code of Ordinances consisting of all new ordinances and amendments to ordinances; and Whereas, Section 380.8 of the Code of Iowa provides that supplements, adopted by resolution, become part of the Code of Ordi- nances; 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-10 to the City of Dubuque Code of Ordinances, which codifies Ordinance Nos. 1-23 through 15-23 as approved by the City Council through March 15, 2023, is hereby adopted, and be- comes part of the Code of Ordinances of the City of Dubuque, Iowa. Passed, approved, and adopted this 5'h day of June 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 29. Approval of Retail Alcohol Licenses and Tobacco, Alternative Nicotine, and Vapor Prod- uct Permits: Upon motion the documents were received and filed, and Resolution No. 171-23 Approving applications for retail alcohol li- censes, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits; and Resolution No. 172-23 Approving applica- tion(s) for retail permits to sell Tobacco, To- bacco Products, Alternative Nicotine Products, and Vapor Products, as required by Iowa Code Chapter 453A.47A were adopted. RESOLUTION NO. 171-23 APPROVING APPLICATIONS FOR RETAIL ALCOHOL LICENSES, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDI- NANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CON- TROL, ARTICLE B LIQUOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for retail alcohol li- censes have been submitted and filed with the City Council for approval, and the same have been examined, provisionally approved, and/or approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City, and the Page 1035 of 2498 Book 153 Regular Session, June 5, 2023 220 applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Clerk is hereby author- ized and directed to cause to be issued at the noted premise address to the following appli- cants pending submission of the locally re- quired documentation: New Applications Canfield Hotel, 36 West 4th St. Kwik Star #495, 2685 Dodge St. The Grand Opera House, 135 West 8th Street Adding A Privilege Bread and Vine Dubuque, 168 East 101h St. Whiskey River, 1070 University Ave. New Applications Provisional Issuances Backpocket Dubuque, 333 E loth St. Dubuque Jaycees - Millwork Night Market 6-4-23 to 6-8-23, Be- tween 7th and 9th Streets +8th St. between Jackson and Washington Sts. Passed, approved, and adopted this 5th day of June 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 172-23 APPROVING APPLICATIONS FOR RETAIL PERMITS TO SELL TOBACCO, TOBACCO PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS, AND VAPOR PRODUCTS, AS REQUIRED BY IOWA CODE §453A.47A Whereas, applications for retail permits to sell tobacco, tobacco products, alternative nic- otine products, vapor products, or a combina- tion of these products have been submitted and filed with the City Clerk; and Whereas, the applicants have filed the proper application and fees as required by Iowa Code §453A.47A; and Whereas, the Iowa Department of Revenue requires all applications be approved by the City Council; and Whereas, all retail permits to sell tobacco, tobacco products, alternative nicotine prod- ucts, and vapor products shall expire on June 30 of each year, as established in Iowa Code §453A.47A(7). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Clerk is hereby author- ized and directed to cause to be issued the fol- lowing named applicants and locations for re- tail permits to sell one or more of the following as specified on the retail permit applications: tobacco, tobacco products, alternative nicotine products, and vapor products. Effective from: June 5, 2023 to June 30, 2023 Business Name, Business Address Super Stop 3, 2360 Central Ave. Effective from: July 1, 2023 to June 30, 2024 Business Name, Business Address A and M Trading, 1620 John F. Kennedy Rd. Big 10 Mart #10, 1875 John F. Kennedy Rd. Big 10 Mart#11, 3300 Asbury Rd. Big 10 Mart #12, 405 Rhomberg Ave. Big 10 Mart #13, 2100 John F. Kennedy Rd. Botanicanna, 555 John F. Kennedy Rd. Unit 558 BP Fuel, 1450 Loras Blvd. Casey's General Store #2420, 2699 Rock- dale Rd. Casey's General Store #2421, 4003 Peru Rd. Casey's General Store #3473, 1072 Cedar Cross Rd. Diamond Jo Casino, 301 Bell Street Dollar General Store #10074, 2440 Gateway Dr. Dollar General Store #6896, 605 West Locust St. Dollar General Store #7289, 3250 Kennedy Cir Ste 8 Dubuque Mining Co., 555 John F. Kennedy Rd. #600 Dubuque Tobacco and Grocery, 1248 Iowa St. Eagle Country Market, 1800 Elm St. EZ Stop 1, 1101 Rhomberg Ave. EZ Stop II, 700 Rhomberg Ave. Family Dollar #21599, 2013 Central Ave. #4 Family Dollar #32889, 2600 Dodge St. Suite B1 Fareway Stores #114, 2050 John F. Kennedy Rd. Fas Mart #5159, 2175 Central Ave. Hammerheads Bar and Billiards, 2095 Kerper Blvd. Suite #2 Hartig Drug #2, 157 Locust St. Hartig Drug #3, 2255 John F. Kennedy Rd. Hartig Drug #4, 2225 Central Ave. Hartig Drug #8, 1600 University Ave. Hy-Vee #1 Fast & Fresh, 3270 Dodge St. Hy-Vee #1 Food Store, 3500 Dodge St. Hy-Vee #2 Fast and Fresh, 2395 NW Arterial Hy-Vee #2 Food Store , 2395 NW Arterial Hy-Vee #3 Fast and Fresh, 300 South Locust St. Hy-Vee #3 Food Store, 400 South Locust St. Hy-Vee Wine & Spirits #1, 3500 Dodge St. Kwik Star #236, 2035 John F. Kennedy Rd. Kwik Star #495, 2685 Dodge St. Kwik Stop #300, 1215 East 16th St. Kwik Stop #325, 1210 East 16th St. Kwik Stop #48, 3201 Central Ave. Kwik Stop #58, 3340 John F. Kennedy Rd. Kwik Stop #72, 2255 Kerper Blvd. Kwik Stop #76, 2320 Gateway Dr. Kwik Stop #78, 4039 Pennsylvania Ave. Kwik Stop #84, 2335 University Ave. Kwik Stop #86, 2150 Twin Valley Dr. Page 1036 of 2498 Book 153 Regular Session, June 5, 2023 221 Liquor Tobacco & Gas, 1401 Central Ave. Liquor Tobacco & Grocery, 1998 Jackson St. Midwest Vapors, 2600 Dodge St. Suite B4 Moondog Music, 806 Wacker Dr. #120 Paro Food Mart, 3200 Central Ave. Phillips 66/Arby's, 10 South Main St. Pioneer's Rest Stop, 4900 Old Hwy Rd. Port of Dubuque Marina, 450 East Third St. Q Casino, 1855 Greyhound Park Dr. Spencer Gifts, LLC, 555 John F. Kennedy Rd. Super Stop 3, 2360 Central Ave. Super Stop IV, 535 Hill St. Suite A The Altered State, 1523 Central Ave. The Great Vape, 3250 Central Ave. The Konnexion, 1099 University Ave. Tobacco Outlet Plus #504, 806 Wacker Dr. Suite 140 Vapor City Outlet, 3330 Asbury Rd. Walgreens #11942, 345 East 201h St. Walgreens #6154, 2260 John F. Kennedy Rd. Walgreens #9708, 55 John F. Kennedy Rd. Walmart # 2004, 4200 Dodge St. Walnut Tap, 709 University Ave. Passed, approved, and adopted this 5th day of June 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. Kerper Court and Kerper Boulevard Inter- section Improvement Project: Upon motion the documents were received and filed and Reso- lution No. 173-23 Kerper Court and Kerper Boulevard Intersection Improvement 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 or- dering the advertisement for bids was adopted setting a public hearing for a meeting to com- mence at 6:30 p.m. on June 20, 2023 in the Historic Federal Building. RESOLUTION NO. 173-23 KERPER COURT AND KERPER BOULE- VARD INTERSECTION IMPROVEMENT PROJECT: PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CON- TRACT, 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 DUBU- QUE, IOWA: Section 1. The proposed plans, specifica- tions, form of contract and estimated cost for the Kerper Court and Kerper Boulevard Inter- section Improvement Project in the estimated amount $1,327,497.00, are hereby preliminar- ily approved and ordered filed in the office of the City Clerk for public inspection. Section 2. A public hearing will be held on the 20th day of June, 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 per- sons 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 [provided] 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 hear- ing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or esti- mated cost of the Project. Section 3. The Kerper Court and Kerper Boulevard Intersection Improvement Project is hereby ordered to be advertised for bids for construction. Section 4. The amount of the security to ac- company 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 di- rected to advertise for bids for the construction of the improvements herein provided, by pub- lishing 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 be- fore the date for filing bids before 2:00 p.m. on the 22"d day of June 2023. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for fi- nal action at 6:30 p.m. on the 5th day of July 2023, in the Historic Federal Building Council Chambers (and/or by virtual means) 350 West 6th Street, Dubuque, Iowa. Passed, adopted, and approved this 51h day of June 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. West 1st Street Sanitary Repair Project - Initiate Public Improvement Bidding Process: Upon motion the documents were received and filed and Resolution No. 174-23 W 11t Street Sanitary Repair Project: preliminary approval Page 1037 of 2498 Book 153 Regular Session, June 5, 2023 222 of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 20, 2023 in the Historic Federal Building. RESOLUTION NO. 174-23 WEST 1ST STREET SANITARY REPAIR PROJECT: PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1 The proposed plans, specifica- tions, form of contract and estimated cost for the W 1st Street Sanitary Repair Project, in the estimated amount $221,497.00, 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 20th day of June 2023, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa, at which time interested persons may ap- pear 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 [provided] 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 objec- tions to the proposed plans, specifications, form of contract, or estimated cost of the Pro- ject. Passed, approved, and adopted this 5th day of June 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Grant of Easements to James B. Gansen and Mary L. Gansen, and Robert J. Flanagan and Tina M. Flanagan: Upon motion the docu- ments were received and filed and Resolu- tions: No. 175-23 Intent to dispose of city inter- est by Grant of Easements for Access to James B. Gansen and Mary L. Gansen, and Robert J. Flanagan and Tina M. Flanagan, across part of Lot 1 of JQ Acres, Dubuque County, Iowa was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 20, 2023 in the Historic Federal Building. RESOLUTION NO. 175-23 INTENT TO DISPOSE OF CITY INTEREST BY GRANT OF EASEMENTS FOR ACCESS TO JAMES B. GANSEN AND MARY L. GAN- SEN, AND ROBERT J. FLANAGAN AND TINA M. FLANAGAN, ACROSS PART OF LOT 1 OF JQ ACRES, DUBUQUE COUNTY, IOWA Whereas, James B. Gansen and Mary L. Gansen, and Robert J. Flanagan and Tina M. Flanagan have each requested a "Grant of Easement' for access across Part of Lot 1 of JQ Acres, Dubuque County, Iowa, for private driveway improvements; and Whereas, Buesing and Associates has pre- pared and submitted to the City Council an ex- hibit showing the easement area for the pro- posed private driveway improvements across Part of Lot 1 of JQ Acres, Dubuque County, 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 grant easements for private driveway im- provements to James B. Gansen and Mary L. Gansen, and to Robert J. Flanagan and Tina M. Flanagan. across Part of Lot 1 of JQ Acres, Dubuque County, Iowa, as shown on the [pro- vided] Exhibit A. Section 2. That a public hearing on the in- tent to dispose of City interest by Grant of Easements for access to James B. Gansen and Mary L. Gansen, and to Robert J. Flana- gan and Tina M. Flanagan. across Part of Lot 1 of JQ Acres, Dubuque County, Iowa, is hereby set for the 20th day of June 2023, at the Historic Federal Building (and/or by virtual means), 350 W. 6th Street, Dubuque, Iowa, be- ginning 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 dispose of said interest to be published in the manner as prescribed by law. Passed, approved, and adopted this 5th day of June, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Resolution Setting a Public Hearing on a Proposed Development Agreement between the City of Dubuque and Switch Homes, LLC Providing for the Issuance of Urban Renewal Tax Increment Revenue Grant Obligations Pur- suant to the Development Agreement: Upon motion the documents were received and filed and Resolution No. 176-23 Intent to approve a Development Agreement between the City of Dubuque and Switch Homes, LLC including the proposed reimbursement of Switch Homes, LLC for certain infrastructure improvements as described in the Development Agreement by the issuance of Urban Renewal Tax Increment Page 1038 of 2498 Book 153 Regular Session, June 5, 2023 223 Revenue Grants, fixing the date for a public hearing of the City Council of the City of Dubu- que, Iowa, 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 June 20, 2023 in the Historic Federal Building. RESOLUTION NO. 176-23 INTENT TO APPROVE A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE AND SWITCH HOMES, LLC IN- CLUDING THE PROPOSED REIMBURSE- MENT OF SWITCH HOMES, LLC FOR CER- TAIN INFRASTRUCTURE IMPROVEMENTS AS DESCRIBED IN THE DEVELOPMENT AGREEMENT BY THE ISSUANCE OF UR- BAN RENEWAL TAX INCREMENT REVE- NUE GRANTS, FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque and Switch Homes, LLC have entered into a Development Agreement, subject to the approval of the City Council, pursuant to which Switch Homes, LLC will cause certain infrastructure improvements to be constructed on and within Development Property as described in the Agreement; and Whereas, the City Council has tentatively determined that it would be in the best interests of the City to approve the Development Agree- ment; and Whereas, the Development Agreement provides for reimbursement of Switch Homes, LLC by the issuance of Tax Increment Reve- nue Grants from the tax increment revenues collected in respect of the improvements to be constructed in accordance with the Develop- ment Agreement, for the purpose of carrying out the objectives of an Urban Renewal Plan as described therein; and Whereas, before said Tax Increment Reve- nue Grants 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 DUBU- QUE, IOWA: Section 1. The City Council intends to ap- prove the proposed Development Agreement with Switch Homes, LLC. Section 2. The City Clerk is hereby author- ized and directed to cause a notice to be pub- lished as prescribed by Iowa Code Section 403.9 of a public hearing to be held on the 201h day of June, 2023 at 6:30 p.m. in the City Coun- cil Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa. Section 3. The City Council will meet at said time and place for the purpose of taking action on the matter of authorizing the execution of the Development Agreement with Switch Homes, LLC, pursuant to and in accordance with the proposed Switch Homes Housing Ur- ban Renewal Area, including but not limited to the funding of reimbursement for improve- ments by the issuance of Tax Increment Reve- nue Grants under the terms and conditions of the Development Agreement and said Urban Renewal Plan. It is expected that the aggregate amount of the Tax Increment Revenue Grants will not exceed $4,091,173. Section 4. 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, pub- lished 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. Section 5. That the notice of the proposed action shall be in substantially the form [pro- vided] hereto. Passed, approved, and adopted this 5'h day of June, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Resolution for the proposed Switch Homes Housing Urban Renewal Area: Upon motion the documents were received and filed and Resolution No. 177-23 Resolution of ne- cessity finding that certain property designated as the Switch Homes Housing Urban Renewal Area and described herein is an Economic De- velopment Area and that the development of said area is necessary in the interest of the res- idents of the City of Dubuque, Iowa, and setting a date for hearing on a proposed Urban Re- newal Plan for said area was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 5, 2023 in the Historic Fed- eral Building. RESOLUTION NO. 177-23 RESOLUTION OF NECESSITY FINDING THAT CERTAIN PROPERTY DESIGNATED AS THE SWITCH HOMES HOUSING URBAN RENEWAL AREA AND DESCRIBED HEREIN IS AN ECONOMIC DEVELOPMENT AREA AND THAT THE DEVELOPMENT OF SAID AREA IS NECESSARY IN THE INTEREST OF THE RESIDENTS OF THE CITY OF DUBUQUE, IOWA, AND SETTING A DATE FOR HEARING ON A PROPOSED URBAN RENEWAL PLAN FOR SAID AREA Whereas, a significant need for housing units exists in the City of Dubuque and local Page 1039 of 2498 Book 153 Regular Session, June 5, 2023 224 resources are needed to advance the develop- ment of housing; and Whereas, the City Council has determined that the area described in Attachment A and At- tachment B to this Resolution, designated as the Switch Homes Housing Urban Renewal Area, meets the definition of an economic de- velopment area as defined in Chapter 403 "Ur- ban Renewal" of the Iowa Code; and Whereas, the City Council of the City of Dubuque has determined that the creation of the Switch Homes Housing Urban Renewal Area will stimulate, through public involvement and commitment, private investment in new housing and residential development as de- fined by Iowa Code 403.17(12), as described in the Urban Renewal Plan; and Whereas, Iowa Code Chapter 403 requires that before urban renewal authority may be ex- ercised, a City Council must adopt a resolution of necessity finding that the area in question is a slum, blighted or economic development area, and that so designating such area is nec- essary in the interest of the public health, safety, or welfare of the residents of the munic- ipality. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the proposed Switch Homes Housing Urban Renewal Area, gener- ally described in Attachment A and Attachment B to this Resolution, is an economic develop- ment area as defined by Chapter 403 of the Iowa Code, appropriate for public improve- ments related to housing and residential devel- opment and is appropriate for an urban re- newal project. Section 2. That the development of the Switch Homes Housing Urban Renewal Area is necessary and appropriate to facilitate the proper growth and development of the commu- nity in accordance with sound planning and lo- cal community objectives. Section 3. That the development of Switch Homes Housing Urban Renewal Area will pro- vide new opportunities for quality housing and job creation in the community. Section 4. That the City Manager is author- ized and directed to prepare an Urban Renewal Plan for the Switch Homes Housing Urban Re- newal Area, to forward said Plan to the City's Long Range Planning Commission for review and comment, and to begin the consultation process required by law with affected taxing entities. Section 5. That the City Clerk is directed to publish notice of a public hearing on the adop- tion of an Urban Renewal Plan for the Switch Homes Housing Urban Renewal Area to be held on the 51h day of July, 2023, at 6:30 p.m. in the form [provided] hereto. The notice of said hearing shall generally identify the areas covered by the proposed Urban Renewal Plan and the general scope of the urban renewal ac- tivities planned for such areas and said notice shall be published in a newspaper having gen- eral circulation within the City not less than four days nor more than twenty days before the date of said meeting. A copy of the notice of public hearing shall be sent by ordinary mail to the affected taxing entities. Section 6. That the Economic Development Department is further directed to send by ordi- nary mail a copy of the proposed Urban Re- newal Plan, the notice of public hearing, a no- tice of consultation, and, to the extent the Ur- ban Renewal Plan includes the use of tax in- crement revenues for a public building, an analysis of alternative development and fund- ing options for such public buildings, to the Dubuque Community School District Board of Education and Dubuque County Board of Su- pervisors, as the affected taxing entities. Passed, approved, and adopted this 5'h day of June, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Set for Public Hearing - Weber Acres Voluntary Annexation Request: Upon motion the documents were received and filed and Resolution No. 178-23 Setting a public hearing on an application for voluntary annexation of territory to the City of Dubuque, Iowa was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 5, 2023 in the Historic Federal Building. RESOLUTION NO. 178-23 SETTING A PUBLIC HEARING ON AN AP- PLICATION FOR VOLUNTARY ANNEXA- TION OF TERRITORY TO THE CITY OF DUBUQUE, IOWA Whereas, the City Council of Dubuque has received a written application from the City of Dubuque (applicant) in conjunction with the Iowa Department of Transportation (owner) for the voluntary annexation of 4.56 acres of prop- erty. The property is comprised of public right- of-way and industrially zoned land in Dubuque County as shown on Exhibit A and legally de- scribed as: All of Lot 2 of Weber Acres in Dubuque County, Iowa, as Originally Platted and Shown on the Final Plat of Weber Acres, Dubuque County, Iowa, Per In- strument Number 11187-00 in the Dubuque County Recorder's Office, Dated August 2, 2000, Containing 4.56 Acres, Which Includes 1.34 Acres of Existing Public Road Right of Way. The intent of this description is to in- clude all of said Lot 2 of Weber Acres as originally platted, including that part of said Lot 2 of Weber Acres included in Page 1040 of 2498 Book 153 Regular Session, June 5, 2023 225 the Condemnation Document per In- strument Number 18684-01 in the Dubuque County Recorder's Office. Whereas, the annexation territory is not subject to an existing annexation moratorium agreement and does not include any railroad property; and Whereas, the annexation territory does in- clude State owned property; and Whereas, Chapter 368.5 of the Code of Iowa allows the annexation of property owned by the state of Iowa, provided the attorney gen- eral is served with notice of the hearing and a copy of the proposal; and Whereas, Chapter 368 of the Code of Iowa authorizes this annexation by adoption of a res- olution and required notification; and Whereas, the annexation territory is con- sistent with the City's Comprehensive Plan; and Whereas, the future growth and develop- ment of the City of Dubuque, Iowa makes it de- sirable that the annexation territory be made part of the City of Dubuque, Iowa; and Whereas, the City of Dubuque has the ca- pacity to provide substantial municipal services to the annexation territory; and Whereas, the annexation is in the public in- terest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. A public hearing will be held on the 5th day of July 2023, at 6:30 p.m. in the His- toric Federal Building Council Chambers (sec- ond floor), 350 West 6th Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the proposed an- nexation, and the City Clerk be and is hereby directed to cause the [provided] notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than fourteen days prior to the date of such hearing. Passed, approved, and adopted this 5th day of June 2023. Brad Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk BOARDS/COMMISSIONS Applications were reviewed for the follow- ing Boards and Commissions. Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. 1. Board of Library Trustees: Two, 4-Year terms through July 1, 2027 (Expiring terms of Lieberman and Mullin). Applicants: Victor Lieberman, 1575 Montrose Ter.; Pam Mullin, 2050 Mullin Rd. This commission is subject to the State of Iowa Gender Balance Law, §69.16A. 7 Commissioners total; currently 3 males/2 females/ 2 openings. Mr. Lieberman and Ms. Mullin respectively spoke in support of their applications and provided a brief biog- raphy. 2. Cable Television Commission: Two, 3- Year terms through July 1, 2026 (Expiring terms of Maloney and Tigges). Applicants: Pauline Maloney, 506 Saint George St.; Ronald Tigges, 4927 Wild Flower Dr. 3. Historic Preservation Commission: Two, 3-Year terms through July 1, 2026 (Expiring Langworthy District term of Dement, and Li- censed Architect term of Monk). Applicants: Thea Dement, 375 Alpine St (Qualifies as Liv- ing within the Langworthy District); Christina Monk, 2770 Van Buren St. (Qualifies as a Li- censed Architect). This commission is subject to the State of Iowa Gender Balance Law, §69.16A. 9 Commissioners total; currently 4 males/2 females/ 3 openings. Ms. Dement spoke in support of her application and pro- vided a brief biography. 4. Long Range Planning Advisory Commis- sion: One, 3-Year term through July 1, 2026 (Expiring term of Ward). Applicant: Mark Ward, 2758 Tiffany Ct. City Clerk Breitfelder stated that Mr. Ward submitted written input in support of his application. 5. Park and Recreation Advisory Commis- sion: Three, 3-Year terms through June 30, 2026 (Expiring terms of Axtell, Kennicker, and Ochoa). Applicants: Ron Axtell, 1895 Norland Dr.; Ericson Hilbun, 1430 Oeth Ct.; Robin Ken - nicker, 2929 Elm St.; Jessica Ochoa, 1970 Hale St.; Shirley Snow, 779 University Ave. Mr. Axtell, Ms. Kennicker, and Ms. Ochoa respec- tively spoke in support of their applications and provided a brief biography. Ms. Kennicker con- currently spoke in support of her application to the Resilient Community Advisory Commis- sion. 6. Resilient Community Advisory Commis- sion: One Cross Representative whose term will coincide with their term on the cross repre- sented board or commission (Expiring Cross Representative Member term of Kennicker). Applicants: Thea Dement, 375 Alpine St. - Cur- rent member of Historic Preservation Commis- sion — Term will expire on 7-1-26 if reappointed to the Historic Preservation Commission at the 6-20-23 City Council meeting; Robin Ken - nicker, 2929 Elm St. - Current member of Park and Recreation Advisory Commission — Term will expire on 6-30-26 if reappointed to the Parks and Recreation Advisory Commission at the 6-20-23 City Council meeting. Two, 3-Year Page 1041 of 2498 Book 153 Regular Session, June 5, 2023 226 terms through July 1, 2026 (Expiring At -Large terms of Chamberland and Jayawickrama). *Note: cross representative applicants who are not appointed to the cross- representative term are eligible for the at -large terms. Applicants: Joshua Chamberland, 2145 Delaware St.; Thea Dement, 375 Alpine St.; Lalith Jayawick- rama, 2360 Cherry St.; Robin Kennicker, 2929 Elm St.; Lori 011endick, 1390 Oak Park PI. Ms. Dement spoke in support of her application. 7. Zoning Advisory Commission: Three, 3- Year terms through July 1, 2026 (Expiring terms of Christ, Kemp, and Zuccaro). Appli- cants: Martha Christ, 88 Princeton Pl.; Carrie Lohrmann, 1840 Asbury Rd.; Teri Zuccaro, 1765 Plymouth Ct. This commission is subject to the State of Iowa Gender Balance Law, §69.16A. 7 Commissioners total; currently 4 males/0 females/ 3 openings. Ms. Christ spoke in support of her application and provided a brief biography. City Clerk Breitfelder stated that Ms. Zuccaro submitted written input in sup- port of her application. PUBLIC HEARINGS Resolution of Adoption for the Proposed Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal Dis- trict, Version 2023.3: Motion by Farber to re- ceive and file the documents and adopt Reso- lution No. 179-23 Approving the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, Version 2023.3. Seconded by Wethal. Motion carried 7- 0. RESOLUTION NO. 179-23 APPROVING THE AMENDED AND RE- STATED URBAN RENEWAL PLAN FOR THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT, VERSION 2023.3 Whereas, by Resolution 130-23 on May 1, 2023, the City Council of the City of Dubuque, Iowa authorized the preparation of an Amended and Restated Urban Renewal Plan (the "Amended and Restated Plan, Version 2023.3") for the Greater Downtown Urban Re- newal District (the "District"); and Whereas, the City of Dubuque's primary objective for the Amended and Restated Plan, Version 2023.3, is to provide opportunities which will further economic development pur- poses and objectives and remediate blighting conditions, and to address these objectives, additional projects are being added as de- scribed in the Amended and Restated Plan; and Whereas, a consultation process has been undertaken with affected taxing entities in ac- cordance with Chapter 403 of the Code of Iowa with no written objections or recommended changes to the Amended and Restated Plan, Version 2023.3, received; and Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public hearing on the proposed Amended and Restated Plan, Version 2023.3. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Amended and Restated Urban Renewal Plan, Version 2023.3, for the Greater Downtown Urban Renewal District, on file in the City Clerk's Office and made refer- ence to herein, is hereby approved. Section 2. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and di- rected to file a certified copy of this Resolution in the office of the Dubuque County Auditor. Passed, approved, and adopted this 5"' day of June, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Resolution of Adoption for the Amend- ment of the Dubuque Industrial Center Eco- nomic Development District Urban Renewal Plan, Version 2023.3: Motion by Roussell to re- ceive and file the documents and adopt Reso- lution No. 180-23 Approving the Amended and Restated Urban Renewal Plan, Version 2023.3 for the Dubuque Industrial Center Economic Development District. Seconded by Sprank. Motion carried 7-0. RESOLUTION NO. 180-23 APPROVING THE AMENDED AND RE- STATED URBAN RENEWAL PLAN, VER- SION 2023.3 FOR THE DUBUQUE INDUS- TRIAL CENTER ECONOMIC DEVELOP- MENT DISTRICT Whereas, by Resolution 131-23 adopted on May 1, 2023, the City Council of the City of Dubuque, Iowa authorized the preparation of an Amended and Restated Urban Renewal Plan (the "Amended and Restated Urban Re- newal Plan" or "Plan") for the Dubuque Indus- trial Center Economic Development District (the "District"); and Whereas, the Amended and Restated Ur- ban Renewal Plan for the District, Version 2023.3, is on file in the City Clerk's Office; and Whereas, the City Council's primary objec- tive for the Amended and Restated Urban Re- newal Plan for the District is to expand the Dis- trict by creating Subarea T and to add a project to the Public Purpose Activities as shown in the Amended and Restated Urban Renewal Plan Version 2023.3 to provide opportunities which will further economic development purposes and objectives as described in the Plan; and Whereas, a consultation process has been undertaken with affected taxing entities in ac- cordance with Chapter 403 of the Code of Iowa Page 1042 of 2498 Book 153 Regular Session, June 5, 2023 227 and no written objections or recommended changes to the Plan have been received; and Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public hearing on the Amended and Restated Urban Renewal Plan after public notice thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, Ver- sion 2023.3, is hereby approved. Section 2. That a feasible method exists for the location of any families who will be dis- placed from the District, as amended, into de- cent, safe and sanitary dwelling accommoda- tions within their means and without undue hardship to such families; and that the Amended and Restated Plan conforms to the general plan of the City as a whole. With re- spect to any real property in the District ac- quired by the City in connection with the land and projects included in the Plan, non-residen- tial use is expected and with reference to those portions thereof which are to be developed for non-residential uses, such non-residential uses are necessary and appropriate to facili- tate the proper growth and development of the City in accordance with sound planning stand- ards and local community objectives. Section 3. That the District, as amended, continues to be an area for economic develop- ment (commercial and industrial) within the meaning of Iowa Code Chapter 403; that such area is eligible for designation as an urban re- newal area and otherwise meets all requisites under the provisions of Iowa Code Chapter 403; and that the rehabilitation, conservation, redevelopment, development, or a combina- tion thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of this City. Section 4. That, notwithstanding any reso- lution, ordinance, plan, amendment, or any other document, the Amended and Restated Plan shall be in full force and effect from the date of this Resolution until the Council amends or repeals the Plan. Section 5. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and di- rected to file a certified copy of this Resolution in the office of the Dubuque County Auditor. Passed, approved, and adopted this 5ch day of June, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Community Development Block Grant Fiscal Year 2023 Annual Action Plan Amend- ment #2 Public Hearing: Motion by Jones to re- ceive and file the documents and adopt Reso- lution No. 181-23 Adopting the Fiscal Year 2023 (Program Year 2022) Community Devel- opment Block Grant (CDBG) Annual Action Plan Amendment #2. Seconded by Roussell. Motion carried 7-0. RESOLUTION NO. 181-23 ADOPTING THE FISCAL YEAR 2023 (PRO- GRAM YEAR 2022) COMMUNITY DEVELOP- MENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN AMENDMENT #2 Whereas, the City of Dubuque, through a series of public meetings and hearings, pro- posed a Fiscal Year 2023 (Program Year 2022) Community Development Block Grant Annual Action Plan for inclusion in the City Budget ad- dressing housing and non -housing needs in the community; and Whereas, the Community Development Advisory Commission reviewed the second amendment to the Fiscal Year 2023 (Program Year 2022) Community Development Block Grant Annual Action Plan; and Whereas, all services provided will be to a minimum of 51 % low/moderate income resi- dents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Community Develop- ment Block Grant Fiscal Year 2023 (Program Year 2022) Annual Action Plan Amendment #2, [provided] hereto and by this reference made a part hereof, is hereby approved. Section 2. The City Manager or his de- signee of the City of Dubuque is hereby author- ized to directed staff to prepare and submit to the United States Department of Housing and Urban Development the Fiscal Year 2023 (Pro- gram Year 2022) Annual Action Plan Amend- ment #2 with all related documents, for the use of Community Development Block Grant funds based on this adopted budget and execute standard contracts and agreements. Passed, approved, and adopted this 5ch day of June 2023. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 4. Jule Public Hearing - Iowa Department of Transportation's Consolidated Funding Appli- cation: Motion by Roussell to receive and file the documents and adopt Resolution No. 182- 23 Authorizing Resolution: approval of Consol- idated Funding Application to Iowa DOT. Se- conded by Farber. Motion carried 7-0. RESOLUTION NO. 182-23 AUTHORIZING RESOLUTION: APPROVAL OF CONSOLIDATED FUNDING APPLICA- TION TO IOWA DOT Whereas, the City of Dubuque provides fixed -route and paratransit services for the citi- zens of Dubuque; and Page 1043 of 2498 Book 153 Regular Session, June 5, 2023 228 Whereas, the Iowa Department of Trans- portation (IDOT) is a pass -through funding en- tity for federal capital and operating funds; and Whereas, the City of Dubuque has histori- cally applied through the IDOT for these funds; and Whereas, pursuant to published notice, a public hearing was held on the proposed ap- proval of the consolidated funding application on June 5, 2023, at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; and Whereas, the City Council finds that the ap- plying for the funds to be beneficial to the con- tinued provision of transit service for the citi- zens of Dubuque. 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 endorses the applica- tion to the Iowa Department of Transportation, which includes a City match. Section 2. The Iowa Department of Trans- portation application will include requests and mandatory certifications by the City of Dubu- que as follows: From the State Transit Assistance Pro- gram: 2.02% of formula funds, Total: $337,216 From federal funds for transit in non -ur- banized areas and/or for transit serving primarily elderly persons and persons with disabilities: $79,816 We understand acceptance of federal transit assistance involves an agreement to comply with certain labor protection provisions. We certify that the City of Dubuque/The Jule has sufficient non-federal funds or sufficient in -kind match to provide re- quired local match for capital projects and at time of delivery will have the funds to operate and maintain vehicles and equip- ment purchased under this contract. We request that State Transit Assistance formula funding be advanced as allowed by law, to improve system cash flow. Section 3. That Ryan Knuckey, Director of Transportation Services, is authorized to on behalf of the City Council, to apply for financial assistance and to enter into related contract(s) with the Iowa Department of Transportation. Passed, adopted, and approved this 5th day of June 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Public Hearing for Sale of City -Owned Property at 1559 Washington Street: Motion by Jones to receive and file the documents and adopt Resolution No. 183-23 Disposing of city interest in real property at 1559 Washington Street, in the City of Dubuque, Iowa. Seconded by Sprank. Motion carried 7-0. RESOLUTION NO. 183-23 DISPOSING OF CITY INTEREST IN REAL PROPERTY AT 1559 WASHINGTON STREET, IN THE CITY OF DUBUQUE, IOWA Whereas, the City Council, by Resolution No. 154-23, dated May 15, 2023, declared its intent to dispose of City interest in real property located at 1559 Washington (the Property) le- gally described as: North '/2 of Lot 79 in East Dubuque Addi- tion in the City of Dubuque, Iowa, accord- ing to the recorded plot thereof; and Whereas, pursuant to published notice, a public hearing was held on the proposed dis- position on June 5, 2023 at 6:30 p.m. in the His- toric Federal Building, 350 W. 6th Street, Dubu- que, Iowa; and Whereas, it is the determination of the City Council that approval of the purchase agree- ment for the sale to RC Restoration LLC ac- cording to the terms and conditions set out in the purchase 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. The purchase agreement by and between the City of Dubuque and RC Restora- tion LLC for the sale of the Property, a copy [provided] hereto, is hereby approved. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute a Special Warranty Deed, conveying the City's interest in the Property to RC Restoration LLC. Section 3. That the City Clerk is hereby au- thorized and directed to cause said Special Warranty Deed to be delivered to the City At- torney's Office, together with a certified copy of the Resolution. Passed, approved, and adopted this 5th day of June 2023. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 6. Old Highway Road Water Main Connec- tion Loop 2023 Public Hearing: Motion by Sprank to receive and file the documents and adopt Resolution No. 184-23 Approval of plans, specifications, form of contract, and es- timated cost for the Old Highway Road Water Main Connection Loop 2023. Seconded by Wethal. Motion carried 7-0. RESOLUTION NO. 184-23 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE OLD HIGHWAY ROAD WA- TER MAIN CONNECTION LOOP 2023 NOW THEREFORE, BE IT RESOLVED BY Page 1044 of 2498 Book 153 Regular Session, June 5, 2023 229 THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the proposed plans, speci- fications, form of contract and estimated cost for the Old Highway Road Water Main Water Main Connection Loop 2023 in the amount of $853,750.00, are hereby approved. Passed, approved, and adopted this 5th day of June, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk PUBLIC INPUT Skyi Lynne Shannon, 605 Bluff St. Room 103, provided input on experience with housing discrimination and requested housing be made available for marginalized groups. Shea Boxleiter, 501 Sunset Ridge; Anna Boxleiter, 501 Sunset Ridge; Amelia Boxleiter, 501 Sunset Ridge; Gabriella Roling, 640 Sun- set Ridge; Carmella Seller, 1696 W 3rd St.; Heather Clark, 755 S. Grandview; and Brook- lyn Williams, 250 W 61h St., Apt 605, respec- tively spoke about safety concerns for students crossing the street in front of Bryant Elemen- tary School and suggested that additional measures be implemented, such as signage and school speed zones, near the school to in- crease student safety. ACTION ITEMS 1. Greater Dubuque Development Corpora- tion - Quarterly Update: Motion by Jones to re- ceive and file the documents and listen to the presentation. Seconded by Farber. President and CEO Rick Dickinson presented the quar- terly update on the activities of the Greater Dubuque Development Corporation (GDDC). Mr. Dickinson suggested his quarterly presen- tation occur after each quarter and was ad- vised to work with city staff to change the future presentation schedule. City Manager Van Milli- gen highlighted some of the recent accomplish- ments of GDDC, including the Simmons ware- house groundbreaking and the McCoy Group's proposed land purchase for employee parking. City Council members commended GDDC's economic development efforts. Motion carried 7-0. 2. Smart Parking Mobility Management Plan Update: Motion by Roussell to receive and file the documents and listen to the presen- tation. Seconded by Sprank. Director of Trans- portation Services Ryan Knuckey made a presentation on the Smart Parking & Mobility Management Plan. Responding to a question from the City Council, Mr. Knuckey summa- rized the next phases of the plan and stated that he intends to provide another update in late summer of 2023. Motion carried 7-0. 3. AM/PM Commuter Route: Motion by Roussell to receive and file the documents and approve extending the Jule AM/PM Commuter Route for an additional six months through De- cember 30, 2023. Seconded by Sprank. Re- sponding to a question from the City Council, City Manager Van Milligen stated that if City Council approves the extension, city staff will approach employers to request they financially contribute to the route so that it remains free for riders. Mr. Knuckey stated previous funding was divided between GDDC and the Transpor- tation Services Department, and that ridership fees would be $1.50 one-way if the department had to start charging riders. Motion carried 7-0. 4. Amending Tax Increment Ordinance 10- 23 for the Dubuque Industrial Center Economic Development District, as amended by Version 2023.3 of the Amended and Restated Plan: Motion by Jones to receive and file the docu- ments and that the requirement that a pro- posed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Farber. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 30-23 An ordinance correcting and amending Ordinance No. 10-23, previously amended, providing that general property taxes levied and collected each year on all property located within the Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Area of the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, includ- ing bonds issued or to be issued, incurred by said city in connection with the Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Redevel- opment Project by adding Subarea T to the di- vision of revenues. Seconded by Farber. Mo- tion carried 7-0. ORDINANCE NO. 30-23 CORRECTING AND AMENDING ORDI- NANCE NO. 10-23, PREVIOUSLY AMENDED, PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COL- LECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE AMENDED AND RE- STATED DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT UR- BAN RENEWAL AREA OF THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF DUBUQUE, Page 1045 of 2498 Book 153 Regular Session, June 5, 2023 230 COUNTY OF DUBUQUE, DUBUQUE COM- MUNITY SCHOOL DISTRICT, AND OTHER TAXING DISTRICTS, BE PAID TO A SPE- CIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES AD- VANCED TO AND INDEBTEDNESS, IN- CLUDING BONDS ISSUED OR TO BE IS- SUED, INCURRED BY SAID CITY IN CON- NECTION WITH THE AMENDED AND RE- STATED DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT UR- BAN RENEWAL REDEVELOPMENT PRO- JECT BY ADDING SUBAREA T TO THE DI- VISION OF REVENUES Whereas, the Amended and Restated Ur- ban Renewal Plan for the Dubuque Industrial Center Economic Development District (the "District") described in Resolution No. 130-88 was adopted on May 2, 1988 and was thereaf- ter amended and restated by Resolution No. 484-90 on December 17, 1990, Resolution No. 142-97 on April 7, 1997, Resolution No. 478-97 on November 17, 1997, Resolution No. 15-08 on January 7, 2008, Resolution No. 101-08 on March 17, 2008, Resolution No. 109-08 on April 7, 2008, Resolution No. 87-11 on March 7, 2011, Resolution No. 171-13 on June 3, 2013, Resolution No. 197-15 on June 1, 2015, Resolution No. 309-15 on September 8, 2015, Resolution No. 132-16 on September 19, 2016, Resolution No. 157-18 and Resolution No. 158-18 on May 21, 2018, Resolution 380-18 on December 17, 2018, Resolution 125-21 and Resolution 126-21 on April 19, 2021, Resolu- tion 323-21 and Resolution 324-21 on Septem- ber 20, 2021, Resolution 387-21 on November 1, 2021, Resolution 197-22 on May 16, 2022, by Resolution 289-22 on September 6, 2022, by Resolution No. 290-22 on September 6, 2022, by Resolution 73-23 on March 20, 2023, by Resolution 74-23 on March 20, 2023, and by Resolution 180-23 on June 5, 2023 (as amended and restated, the "Urban Renewal Plan" or "Amended and Restated Urban Re- newal Plan"); and Whereas, the City Council of the City of Dubuque, Iowa originally provided for the divi- sion of taxes pursuant to Section 403.19 of the Code of Iowa within the District in Ordinance No. 26-88 passed and approved on May 2, 1988 and thereafter amended and restated by Ordinance No. 63-88 on December 5, 1988, by Ordinance No. 66-97 on November 17, 1997, by Ordinance No. 70-08 on October 20, 2008, by Ordinance No. 10-14 on February 3, 2014, by Ordinance No. 39-15 on June 1, 2015, by Ordinance No. 55-15 on September 8, 2015, by Ordinance No. 49-16 on September 19, 2016, Ordinance 18-18 on May 21, 2018, by Ordinance 45-18 on December 17, 2018, by Ordinance 15-21 and Ordinance 16-21 on April 19, 2021, by Ordinance 22-21 on June 7, 2021, by Ordinance 31-21 and Ordinance 32-21 on September 20, 2021, by Ordinance 37-21 on November 1, 2022, by Ordinance 21-22 on May 16, 2022, by Ordinance 28-22 on Septem- ber 6, 2022, by Ordinance 28-22A on Novem- ber 7, 2022, by Ordinance 10-23 on March 20, 2023, and by Ordinance 30-23 on June 5, 2023; and Whereas, indebtedness has been incurred by the City, and additional indebtedness is an- ticipated to be incurred in the future, to finance urban renewal project activities within the Dis- trict, and the continuing needs of redevelop- ment within the District are such as to require the continued application of the incremental tax resources of the District; and Whereas, the following enactment is nec- essary to accomplish the objectives described in the premises. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Ordinance Number 10-23 is hereby amended to read as follows: Section 1. Section 1 is amended to read as follows: Section 1: For purposes of this Ordi- nance, the following terms shall have the following meanings: (a) Original Project Area means that portion of the City of Dubuque, Iowa described in the Urban Renewal Plan for the District approved by Resolution No. 130-88 on May 2, 1988, and subsequently amended by Resolution No. 484-90 on De- cember 17, 1990, which Original Project Area includes the lots and parcels located within the area now legally described as follows: All of Dubuque Industrial Center Eighth Addition; and All of Lot 1 Dubuque Industrial Center 13th Addition; and Lot 2 Dubuque Industrial Center 13th Addition; and Lot 1-2-2 Dubuque Industrial Cen- ter Fifth Addition; and Lot 1 Dubuque Industrial Center Fifth Addition; and Lot 1 Dubuque Industrial Center 11th Addition; and Lot 1 of 2 of Dubuque Industrial Center Fifth Addition; and Lot 1 of 2 of Dubuque Industrial Center Fifth Addition; and Lot 1-3 Dubuque Industrial Center 12th Addition; and Lot 1 of lot 3 of final plat of lot 1 of Dubuque Industrial Center First Addition; and Lot 1 Dubuque Industrial Center 10th Addition; and Lot 2-3 Dubuque Industrial Center Page 1046 of 2498 Book 153 Regular Session, June 5, 2023 231 1211 Addition; and Lots 1 & 2 of final plat of lot 1 of Dubuque Industrial Center First Addition; and Lot 1 Dubuque Industrial Center 12th Addition; and Lot 2 Dubuque Industrial Center Ninth Addition; and Lot 2 Dubuque Industrial Center 12th Addition; and Lot 2-2 Dubuque Industrial Center Sixth Addition; and Lot 3 Dubuque Industrial Center Ninth Addition; and Lot 1 Dubuque Industrial Center Sixth Addition; and Lot 2 of 2 Dubuque Industrial Cen- ter 7th Addition; and Lot 2-1 Walter Addition; and Lot 2-1 Walter Addition; and And all adjoining public right-of- way, all in the City of Dubuque, Dubuque County, Iowa. The Original Project Area is referred to as "Subarea A" in the Urban Renewal Plan here- inafter described. (b) Subarea B has been removed from the division of revenues by Ordinance 22-21 on June 7, 2021. (c) Subarea C means that portion of the City of Dubuque, Iowa described as Subarea C in the Amended and Re- stated Urban Renewal Plan for the District approved by Resolution No. 289-22 on September 6, 2022, which Subarea C includes the lots and par- cels located within the area legally de- scribed as follows: Lots 1 and 2 of Dubuque Industrial Center North Second Addition; Lots 2, 3, C and A of Dubuque In- dustrial Center North First Addi- tion, excepting that Part of said Lot A originally platted as Lot 2 of the SW 1/4 of the NW 1/4 of Sec. 30, T89N, R2E of the 5th PM; and any adjoining public street right- of-way, all in the City of Dubuque, Dubuque County, Iowa, EXCEPT those lots and parcels included in Subarea K, those lots and parcels included in Subarea O, and those lots and parcels in- cluded in Subarea R. (d) Subarea D means that portion of the City of Dubuque, Iowa de- scribed as Subarea D in the Amended and Restated Urban Re- newal Plan for the District approved by Resolution No. 109-08 on April 7, 2008, which Subarea D includes the lots and parcels located within the area legally described as follows: Lots 1, 2, and B and all of the right of way of Chavenelle Court in Dubuque Industrial Center West 8t" Addition in the City of Dubu- que, Dubuque County, Iowa. (e) Subarea E means that portion of the City of Dubuque, Iowa de- scribed as Subarea E in the Amended and Restated Urban Re- newal Plan for the District approved by Resolution No. 73-23 on March 20, 2023, which Subarea E includes the lots and parcels located within the area legally described as fol- lows: All of Dubuque Industrial Center South First Addition in the City of Dubuque, Iowa, except Lot 2 of Dubuque Industrial Center South First Addition in the City of Dubu- que, Iowa; and All of Seippel Road right of way from the north boundary line of Lot 1 of 1 of South Fork Subdivision No. 1 in the City of Dubuque, to the south boundary lines of Lot H of Dubuque Industrial Center West and Lot 1 of Dubuque Indus- trial Center West 2"d Addition in the City of Dubuque, Dubuque County, Iowa, including crossings at the intersections of Old High- way Road and Chicago Central & Pacific Railroad rights -of -way. (f) Subarea F means that portion of the City of Dubuque, Iowa, and Dubuque County described as Sub- area F in the Amended and Re- stated Urban Renewal Plan for the District approved by Resolution No. 197-15 on June 1, 2015, which Sub- area F includes the lots and parcels located within the area legally de- scribed as follows: Lot one (1) of Graf Farm Subdivi- sion #2, Dubuque County, Iowa, according to the recorded plat thereof; Lot 1 of Lot 1 of Lot 1 of Lot 1 of West One-half of Northeast One - quarter, Section 25, Township 89 North, Range 1 East of the 5th P.M., in Center Township, Dubu- que County, Iowa; Lot 2 in "W.A. Norman Place" in Section 25, Center Township, Dubuque County, Iowa, according to the plat thereof; and The NW 1/4 of the SE 1/4 of Sec- tion 25, Township 89 North, Range 1 East of the 51h P.M., in Center Township, Dubuque County, Iowa. Page 1047 of 2498 Book 153 Regular Session, June 5, 2023 232 (g) Subarea G means that portion of the City of Dubuque, Iowa, and Dubuque County described as Sub- area G in the Amended and Re- stated Urban Renewal Plan for the District approved by Resolution No. 309-15 on September 8, 2015, which Subarea G includes the lots and parcels located within the area legally described as follows: The South one-half of the North- west Quarter of Section 29, Town- ship 89 North, Range 2 East of the 5m P.M., in the City of Dubuque, Iowa. Lot 1 of Lot 1 of the Northwest Quarter of the Northwest Quarter of Section 29, Township 89 North, Range 2 East of the 51h P.M., in the City of Dubuque, Iowa. Lot 2 of McFadden Farm Place #2, in the City of Dubuque, Iowa. Lot 2 of McFadden Farm Place, in the City of Dubuque, Iowa. Lot A of Lot 1 of 1 of the South- west Quarter of the Southwest Quarter of Section 29, Township 89 North, Range 2 East of the 5th P.M., in the City of Dubuque, Iowa. Lot A of Lot 1 of 1 of the Northwest Quarter of the Southwest Quarter of Section 29, Township 89 North, Range 2 East of the 51h P.M., in the City of Dubuque, Iowa. All in the City of Dubuque, Dubu- que County, Iowa. (h) Subarea H means that portion of the City of Dubuque, Iowa, and Dubuque County described as Sub- area H in the Amended and Re- stated Urban Renewal Plan for the District approved by Resolution No. 332-16 on September 19, 2016, which Subarea H includes the lots and parcels located within the area legally described as follows: Lot 1 of the Northeast '/4 of the Northeast'/4, and Lot 2 of Lot 1 of Lot 1 of Lot 2 of the Northeast '/4 of the Northeast'/4, of Section 30, in Township 89 North, Range 2 East of the 5th P.M., in the City of Dubuque, Iowa. (i) Subarea I means that portion of the City of Dubuque, Iowa, and Dubu- que County described as Subarea I in the Amended and Restated Ur- ban Renewal Plan for the District approved by Resolution No. 332-16 on September 19, 2016, which Sub- area I includes the lots and parcels located within the area legally described as follows: Lot 2 Seippel Road Place #2, Dubuque County, Iowa. Lot 2-1-1 of the Southeast Quarter of the Southeast Quarter of Sec- tion 25, Township 89 North, Range 2 East of the 5th P.M., Dubuque County, Iowa Q) Subarea J means that portion of the City of Dubuque, Iowa, and Dubuque County described as Sub- area J in the Amended and Re- stated Urban Renewal Plan for the District approved by Resolution No. 332-16 on September 19, 2016, which Subarea J includes the lots and parcels located within the area legally described as follows: Lot 2 Julien Care Place, Dubuque County, Iowa. Lot 3 Julien Care Place, Dubuque County, Iowa Lot 2-1 Julien Care Place, Dubu- que County, Iowa (k) Subarea K means that portion of the City of Dubuque, Iowa, removed from Subarea C of the District by Version 2018.1 of the Amended and Restated Plan for the District ap- proved by Resolution No. 157-18, and added to the District by Version 2018.2 of the Amended and Re- stated Plan for the District approved by Resolution No. 158-18 as Sub- area K, all on May 21, 2018, which Subarea K includes the lots and par- cels located within the area legally described as follows: Lot 1 of Dubuque Industrial Center North Third Addition, in the City of Dubuque, Iowa. (1) Subarea L means that portion of the City of Dubuque, Iowa de- scribed as Subarea L in the Amended and Restated Urban Re- newal Plan for the District approved by Resolution 380-18 on December 17, 2018, which Subarea L includes the lots and parcels located within the area legally described as fol- lows: Lot 1 of Loretta Bahl's Home- stead, in the City of Dubuque, Iowa, comprised of Lot 1 of the West 30 Acres of the Southwest'/4 of the Southeast '/4, Section 19, Township 89 North, Range 2 East of the 5th P.M. all in the City of Dubuque, Dubuque County, Iowa. (m) Subarea M means that portion of the City of Dubuque, Iowa described as Subarea M in the Amended and Restated Urban Renewal Plan for the Page 1048 of 2498 Book 153 Regular Session, June 5, 2023 233 District approved by Resolution 380- 18 on December 17, 2018, which Subarea M includes the lots and par- cels located within the area legally de- scribed as follows: Lot 2 of the Subdivision of Lot 2 of the Northeast 1/4 of the Northeast 1/4 of Section 30, Township 89 North, Range 2 East of the 5th P.M. all in the City of Dubuque, Dubuque County, Iowa. (n) Subarea N means that portion of the City of Dubuque, Iowa described as Subarea N in the Amended and Re- stated Urban Renewal Plan for the Dis- trict approved by Resolution 126-21 on April 19, 2021, which Subarea N in- cludes the lots and parcels located within the area legally described as fol- lows: Lot 1 of Dubuque Industrial Center North First Addition, in the City of Dubuque, Iowa; and All of the street right of way of Innova- tion Drive adjacent to Lot 1 of Dubu- que Industrial Center North First Ad- dition, in the City of Dubuque, Iowa. All in the City of Dubuque, Iowa (o) Subarea O means that portion of the City of Dubuque, Iowa removed from Subarea C and now described as Sub- area O in the Amended and Restated Urban Renewal Plan for the District ap- proved by Resolution 324-21 on Sep- tember 20, 2021, which Subarea O in- cludes the lots and parcels located within the area legally described as fol- lows: Lot 2 of Dubuque Industrial Center North Third Addition, in the City of Dubuque, Iowa; and A Part of Lot C in Dubuque Industrial Center North First Addition in the City of Dubuque, Iowa, being more partic- ularly described as follows: Commencing at the northwest corner of Lot 1 in Dubuque Industrial Center North Second Addition in the City of Dubuque, Iowa; Thence North 87 degrees 35 minutes 13 seconds East along the north line of said Lot 1, 65.47 ft. to the Point of Beginning; Thence North 87 degrees 35 minutes 13 seconds East continuing along said north line of Lot 1, 467.29 ft.; Thence South 82 degrees 04 minutes 06 seconds East continuing along said north line of Lot 1, 212.63 ft.; Thence North 19 degrees 12 minutes 36 seconds East, 433.37 ft., to a point on the easterly line of Lot 2 in Dubu- que Industrial Center North Third Addition in the City of Dubuque, Iowa; Thence North 90 degrees 00 minutes 00 seconds West, 231.12 ft.; Thence North 60 degrees 11 minutes 47 seconds West, 280.07 ft.; Thence North 51 degrees 38 minutes 25 seconds West, 318.12 ft.; Thence South 57 degrees 28 minutes 14 seconds West, 86.87 ft.; Thence South 18 degrees 59 minutes 51 seconds East, 140.84 ft.; Thence South 51 degrees 57 minutes 52 seconds East, 101.08 ft.; Thence South 01 degree 57 minutes 06 seconds East, 108.09 ft.; Thence South 33 degrees 59 minutes 54 seconds East, 90.10 ft.; Thence South 44 degrees 57 minutes 34 seconds East, 130.53 ft.; Thence South 12 degrees 19 minutes 12 seconds West, 171.97 ft.; Thence South 87 degrees 35 minutes 13 seconds West, 260.33 ft.; Thence South 02 degrees 35 minutes 19 seconds East, 40.00 ft., to the Point of Beginning, said part of Lot C contains 6.59 acres, more or less; All in the City of Dubuque, Iowa (p) Subarea P means that portion of Dubuque County and the City of Dubuque, Iowa described as Subarea P in the Amended and Restated Ur- ban Renewal Plan for the District ap- proved by Resolution 387-21 on No- vember 1, 2021, which Subarea P in- cludes the lots and parcels located within the area legally described as follows: Lot 2 of Wertzberger Acres No. 3, in Table Mound Township, Dubuque County, Iowa, according to the rec- orded Plat thereof; and The Southwest 1/4 of the Northeast 1/4, Lot 1 of the Northwest 1/4 of the Northeast 1/4, Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4, and Lot 2 of the Southeast 1/4 of the Northeast 1/4, in Section 14, Town- ship 88 North, Range 2 East of the 5th P.M., in Dubuque County, Iowa, according to United States Govern- ment Survey and the recorded Plats thereof, excepting therefrom that land acquired for highway right of way by the Iowa Department of Transportation known as Lot A of Lot 1 of the Northwest 1/4 of the Northeast 1/4 and of Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4 and of Lot 2 of the Southeast 1/4 of the Northeast 1/4, all in Section 14, Township 88 North, Range 2 East of the 5th P.M., County of Page 1049 of 2498 Book 153 Regular Session, June 5, 2023 234 Dubuque, State of Iowa, containing 11.95 acres and as shown and de- scribed in the Warranty Deed filed as Instrument Number 2010- 00003964 in the Dubuque County Recorder's Office, and excepting therefrom that land acquired for highway right of way by the Iowa Department of Transportation known as Lot B of Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4 and of Lot 2 of the Southeast 1/4 of the Northeast 1/4, all in Section 14, Township 88 North, Range 2 East of the 5th P.M., County of Dubuque, State of Iowa, containing 0.62 acres and as shown and de- scribed in the Warranty Deed filed as Instrument Number 2011- 00011776 in the Dubuque County Recorder's Office; and All that land acquired for highway right of way by the Iowa Department of Transportation known as Lot A of Lot 1 of the Northwest 1/4 of the Northeast 1/4 and of Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4 and of Lot 2 of the Southeast 1/4 of the Northeast 1/4, all in Section 14, Township 88 North, Range 2 East of the 5th P.M., County of Dubuque, State of Iowa, containing 11.95 acres and as shown and de- scribed in the warranty deed filed as instrument number 2010-00003964 in the Dubuque County Recorder's Office, and All that land acquired for highway right of way by the Iowa Department of Transportation known as Lot B of Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4 and of Lot 2 of the Southeast 1/4 of the Northeast 1/4, all in Section 14, Township 88 North, Range 2 East of the 5th P.M., County of Dubuque, State of Iowa, containing 0.62 acres and as shown and described in the warranty deed filed as instrument number 2011- 00011776 in the Dubuque County Recorder's Office; and All that land acquired for highway right of way by the Iowa Department of Transportation known as Lot A of Lot 2 of the Southwest 1/4 of the Northwest 1/4, all in Section 13, Township 88 North, Range 2 East of the 5th P.M., County of Dubuque, State of Iowa, containing 7.50 acres and as shown and described in the warranty deed filed as instrument number 2010-00007163 in the Dubuque County Recorder's Office; and A part of that land acquired for high- way right of way by the Iowa Depart- ment of Transportation known as Lot A of Lot 2 of 3 of Archdiocese Place No. 2 at Key West in Section 11, Township 88 North, Range 2 East of the 5th P.M., County of Dubuque and of Lot 2 of the North- west 1/4 of the Northeast 1/4 and of Lot 2 of 1 of the Northeast 1/4 of the Northeast 1/4 and of Lot 1 of the Southeast Quarter of the Northeast Quarter, all in Section 14, Township 88 North, Range 2 East of the 5th P.M., County of Dubuque, State of Iowa, containing 51.12 acres and as shown and described in the war- ranty deed filed as instrument num- ber 2011-00018392 in the Dubuque County Recorder's Office, more particularly described as follows: Commencing at the east 1/4 corner of said section 14; thence south 87' (degrees) 30' (minutes) 08" (sec- onds) west (assumed bearing for the purpose of this description) on the south line of the northeast 1/4 of said section 14, a distance of 316.67 ft. to the southeast corner of said lot 1 of the southeast 1/4 of the northeast 1/4 which is on the pre- sent northwesterly right-of-way line of U.S. highway 61, being the point of beginning of the area herein de- scribed; thence continuing south 87°30'08" west on said south line, also being the south line of said lot 1 of the southeast 1/4 of the north- east 1/4, a distance of 744.37 ft. to the west line of said lot 1 of the southeast 1/4 of the northeast 1/4; thence north 01 °46'59" west on said west line, 365.46 ft.; thence north 02°36'29" west on said west line, 258.32 ft. to the northwesterly line of said lot 1 of the southeast 1/4 of the northeast 1/4; thence north 15°33'01" east on said northwest- erly line, 189.90 ft.; thence north 20'16'31" east on said northwest- erly line, 100.25 ft.; thence north 31°16'30" east on said northwest- erly line, 371.74 ft.; thence north 51 °35'55" east on said northwest- erly line, 46.89 ft.; thence north 26°34'03" east on said northwest- erly line, 112.65 ft. to the northwest corner of said lot 1 of the southeast 1/4 of the northeast 1/4, also being the southwest corner of said lot 2 of 1 of the northeast 1/4 of the north- east 1/4; thence north 35°25'51" Page 1050 of 2498 Book 153 Regular Session, June 5, 2023 235 east on the westerly and southwest- erly line of said lot 2 of 1 of the north- east 1/4 of the northeast 1/4, a dis- tance of 200.90 ft.; thence north 01 ° 11'53" west on said westerly and southwesterly line, 284.09 ft.; thence north 51 °36'20" west on said westerly and southwesterly line, 173.35 ft.; thence south 73°41'30" east a distance of 115.82 ft.; thence south 48°36'34" east on the north- easterly line of said lot 2 of 1 of the northeast 1/4 of the northeast 1/4, 759.07 ft. to the southeast corner of said lot 2 of 1 of the northeast 1/4 of the northeast 1/4, also being the northeast corner of said lot 1 of the southeast 1/4 of the northeast 1/4; thence south 02°41'19" east on the easterly line of said lot 1 of the southeast 1/4 of the northeast 1/4, a distance of 954.91 ft. to the present northwesterly right-of-way line of U.S. highway 61; thence south 38°00'39" west on said northwest- erly right-of-way line, 485.62 ft. to the point of beginning, containing 31.49 acres, more or less; and An 80-foot-wide strip of land in the Southeast Half of Section 31, Town- ship 89 North, Range 2 East, The Southwest Quarter of Section 32, Township 89 North, Range 2 East, the North Half of Section 5, Town- ship 88 North, Range 2 East, the Northwest, Northeast, and South- east Quarters of Section 4, Town- ship 88 North, Range 2 East, the South Half of Section 3, Township 88 North, Range 2 East, the South- west Quarter of Section 2, Town- ship 88 North, Range 2 East, the Northwest, Northeast, and South- east Quarters of Section 11, Town- ship 88 North, Range 2 East, and the Northeast Quarter of Section 14, Township 88 North, Range 2 East, of the Fifth P.M., centered on the fol- lowing described line: Commencing at the Southeast Cor- ner of Lot B, Dubuque Industrial Center South First Addition, in the City of Dubuque, Dubuque County, Iowa (Record Doc. #2014-1397), at the Northerly Right -of -Way of Seip- pel Road; thence South 35'44'18" East (Record North 35'52'10" West) along the East Line of said First Ad- dition, 11.13 ft.; thence South 10°51'45" East, 40.00 ft. to the cen- terline of Seippel Road, the Point of Beginning; thence North 79°08'15" East along said centerline, 1004.09 ft.; thence Easterly along the center- line of U. S. Highway 52 and the ex- tension thereof an arc length of 880.50 ft. along a 1,200.00 foot ra- dius curve being concave southerly, having a long chord of South 79°50'32" East, 860.88 ft.; thence South 58°49'18" East along said centerline of U. S. Highway 52, 2,489.33 ft.; thence Southeasterly along said centerline of U. S. High- way 52 an arc length of 3,363.36 ft. along a 12,000.00 foot radius curve being concave Northeasterly, hav- ing a long chord of South 66°51'04" East, 3,352.36 ft.; thence South 74°52'50" East along said centerline of U. S. Highway 52, 1318.07 ft.; thence Southeasterly along said centerline of U. S. Highway 52 an arc length of 1,569.39 ft. along a 12,000.00 foot radius curve being concave Southwesterly, having a long chord of South 71 °08'02" East, 1,568.27 ft.; thence South 67'23'15" East along said centerline of U. S. Highway 52, 1093.39 ft.; thence Southeasterly along said centerline of U. S. Highway 52 an arc length of 1,414.18 ft. along a 23,000.00 foot radius curve being concave South- westerly, having a long chord of South 65°37'33" East, 1,413.95 ft.; thence South 63°51'52" East along said centerline of U. S. Highway 52, 947.44 ft.; thence Southeasterly along said centerline of U. S. High- way 52 an arc length of 1,134.73 ft. along a 8,000.00 foot radius curve being concave Northeasterly, hav- ing a long chord of South 67°55'41" East, 1,133.78 ft.; thence South 71 °59'29" East along said centerline of U. S. Highway 52, 3,507.89 ft.; thence Southeasterly along said centerline of U. S. Highway 52 an arc length of 7,787.63 ft. along a 7,500.00 foot radius curve being concave Southwesterly, having a long chord of South 42°14'42" East, 7,442.46 ft.; thence South 12°29'54" East along said centerline of U. S. Highway 52, 750.54 ft.; thence Southeasterly along said centerline of U. S. Highway 52 an arc length of 449.54 ft. along a 4,000.00 foot ra- dius curve being concave North- easterly, having a long chord of South 15°43'05" East, 449.31 ft., to the End Point, the sidelines of said 80-foot-wide strip of land are to be shortened or lengthened to the in- tersection of the easterly line of Page 1051 of 2498 Book 153 Dubuque Industrial Center South First Addition, in the City of Dubu- que, Dubuque County, Iowa as rec- orded in Doc. #2014-1397 and the intersection of the northerly line of Lot 1 and Lot 1 of 1 as recorded in Doc. #2010-3964. (q) Subarea Q means that portion of the City of Dubuque, Iowa described as Subarea Q in the Amended and Re- stated Urban Renewal Plan for the District approved by Resolution 197- 22 on May 16, 2022, which Subarea Q includes the lots and parcels lo- cated within the area legally de- scribed as follows: Lot 1-5 of Dubuque Industrial Center West 5th Addition in the City of Dubuque, Iowa; All in the City of Dubuque, Iowa (r) Subarea R means that portion of the City of Dubuque, Iowa described as Subarea R in the Amended and Re- stated Urban Renewal Plan for the District approved by Resolution 290- 22A on November 7, 2022, which Subarea R includes the lots and par- cels located within the area legally de- scribed as follows: Part of Lot 3 in the Dubuque In- dustrial Center North First Addi- tion in the City of Dubuque, Dubu- que County, Iowa, Except Lot `A' of Lot 3 in Dubuque Industrial Center North First Addition in the City of Dubuque, Dubuque County, Iowa, described as fol- lows: Commencing at the south- east corner of said Lot 3; thence N00°36'04"W, 364.16 ft. along the east line of said Lot 3; thence S89°24'16"W, 502.28 ft. along the outside face of the south wall of the existing building to the point of beginning; thence S00°35'44"E, 37.00 ft.; thence S89°24'16"W, 170.00 ft.; thence N00°35'44"W, 32.00 ft.; thence S89°24'16"W, 210.00 ft.; thence N00°35'44"W, 362.00 ft.; thence N89°24'16"E, 255.00 ft. to the northerly exten- sion of the outside face of the west wall of the existing building; then S00°35'44"E, 357.00 ft. along said face of the west wall of the south- west corner of the existing build- ing; thence N89°24'16"E, 125.00 ft. along the face of the south wall of the existing building to the point of beginning, containing 2.258 acres; All in the City of Dubuque, Iowa. (s) Subarea S means that portion of the lar Session, June 5, 2023 236 City of Dubuque, Iowa described as Subarea S in the Amended and Re- stated Urban Renewal Plan for the District approved by Resolution 74-23 on March 20, 2023, which Subarea S includes the lots and parcels located within the area legally described as follows: Lot 2 of Dubuque Industrial Center South First Addition in the City of Dubuque, Iowa; All in the City of Dubuque, Iowa. (t) Subarea T means that portion of the City of Dubuque, Iowa described as Subarea T in the Amended and Re- stated Urban Renewal Plan for the District approved by Resolution 180- 23 on June 5, 2023, which Subarea T includes the lots and parcels located within the area legally described as follows: The East 10 Acres of the South- west Quarter of the Southeast Quarter of Section 19, T88N, R2E, of the 5th P.M., Dubuque County, Iowa; All in the City of Dubuque, Iowa. (u) Amended Project Area means that portion of the City of Dubuque, Iowa and Dubuque County included within the Original Project Area, Subarea C, Subarea D, Subarea E, Subarea F, Subarea G, Subarea H, Subarea I, Subarea J, Subarea K, Subarea L, Subarea M, Subarea N, Subarea O, Subarea P, Subarea Q, Subarea R, Subarea S, and Subarea T each as described in this Section. Section 2. Section 3 is amended to read as follows: Section 3: As to the Original Project Area, that portion of the taxes which would be pro- duced by the rate at which the tax is levied each year by or for each of the taxing districts taxing property in the Original Project Area upon the total sum of the assessed value of the taxable property in the Original Project Area as shown on the assessment roll as of January 1, 1987, being the first day of the calendar year preceding the effective date of Ordinance No. 26-88, shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for said taxing district into which all other property taxes are paid. The taxes so determined shall be referred herein as the "base period taxes" for such Subarea. As to Subarea B, Subarea B has been removed from the division of revenues by Ordinance 22-21. Subarea B will remain within the District. As to Subarea C (except the lots and parcels now forming Subarea K and those lots and parcels removed by Page 1052 of 2498 Book 153 Amended and Restated Urban Renewal Plan Version 2021.4 now forming Sub- area O, and those lots and parcels re- moved by Ordinance 27-22, now forming Subarea R), base period taxes shall be computed in the same manner using the total assessed value shown on the as- sessment roll as of January 1, 2007, be- ing the assessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effec- tive date of Ordinance No. 70-08, and base values shall be reduced due to the removal of area from Subarea C. As to Subarea D, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2007, being the assessment roll applica- ble to property in such subarea as of Jan- uary 1 of the calendar year preceding the effective date of Ordinance No. 70-08. As to Subarea E, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2013, being the assessment roll applica- ble to property in such subarea as of Jan- uary 1 of the calendar year preceding the effective date of Ordinance No. 10-14. As to Subarea F, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2014, being the assessment roll applica- ble to property in such subarea as of Jan- uary 1 of the calendar year preceding the effective date of Ordinance No. 39-15. As to Subarea G, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2014, being the assessment roll applica- ble to property in such subarea as of Jan- uary 1 of the calendar year preceding the effective date of Ordinance No. 55-15. As to Subarea H, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2015, being the assessment roll applica- ble to property in such subarea as of Jan- uary 1 of the calendar year preceding the effective date of Ordinance No. 49-16. As to Subarea I, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2015, being the assessment roll applica- ble to property in such subarea as of Jan- uary 1 of the calendar year preceding the effective date of Ordinance No. 49-16. As to Subarea J, base period taxes lar Session, June 5, 2023 237 shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2015, being the assessment roll applica- ble to property in such subarea as of Jan- uary 1 of the calendar year preceding the effective date of Ordinance No. 49-16. As to Subarea K, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2017, being the assessment roll applica- ble to property in such subarea as of Jan- uary 1 of the calendar year preceding the effective date of Ordinance No. 18-18. As to Subarea L, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2017, being the assessment roll applica- ble to property in such subarea as of Jan- uary 1 of the calendar year preceding the effective date of Ordinance No. 45-18. As to Subarea M, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2017, being the assessment roll applica- ble to property in such subarea as of Jan- uary 1 of the calendar year preceding the effective date of Ordinance No. 45-18. As to Subarea N, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2020, being the assessment roll applica- ble to property in such subarea as of Jan- uary 1 of preceding the effective date of Ordinance No. 16-21. As to Subarea O, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2020, being the assessment roll applica- ble to property in such subarea as of Jan- uary 1 of preceding the effective date of Ordinance 32-21. As to Subarea P, Subarea P has been removed from the division of revenues by Ordinance 21-22. Subarea P will remain within the District. As to Subarea Q, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2021, being the assessment roll applica- ble to property in such subarea as of Jan- uary 1 of the calendar year preceding the effective date of Ordinance No. 21-22. As to Subarea R, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, Page 1053 of 2498 Book 153 Regular Session, June 5, 2023 238 2021, being the assessment roll applica- ble to property in such subarea as of Jan- uary 1 of the calendar year preceding the effective date of Ordinance No. 28-22-A. As to Subarea S, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2022, being the assessment roll applica- ble to property in such subarea as of Jan- uary 1 of the calendar year preceding the effective date of Ordinance No. 10-23. As to Subarea T, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2022, being the assessment roll applica- ble to property in such subarea as of Jan- uary 1 of the calendar year preceding the effective date of this Ordinance No. 30- 23. Section 3: This Ordinance shall be in effect after its final passage, approval and publication as provided by law. Passed and approved this 5th day of June, 2023. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 9th day of June 2023. /s/Adrienne N. Breitfelder, City Clerk 5. Trash Cart Exemption Program: Motion by Wethal to receive and file the documents and approve the Trash Cart Exemption pro- gram and Trash Cart Exemption Form. Se- conded by Sprank. Responding to a question from the City Council, Assistant Public Works Director Arielle Swift stated that city staff re- viewed comparable programs throughout the state and country and confirmed that they col- lected the same data that the city intends to col- lect to verify eligibility for exemptions from trash cart use. Ms. Swift stated that physical limita- tions or terrain would be considered eligible reasons for an exemption. City Council mem- bers commended the program. Motion carried 7-0. 6. Consolidation of Police Department Divi- sions to the Historic Federal Building: Motion by Sprank to receive and file the documents and approve moving the Police Department Di- visions of Community Oriented Policing (COP), School Resource Officer (SRO) and Critical In- cident Team (CIT) to a consolidated location in the Historic Federal Building and City Council authorization the use of the Downtown Urban Renewal Rehabilitation Loan Repayment Fund to fund up to $70,000 for the remodel of the identified rooms to accommodate the three Po- lice Department Divisions. Seconded by Jones. City Council members expressed support for the consolidation, stating it illustrated efforts to implement an efficient process. Motion carried 7-0. 7. Housing Programs and Incentives Bro- chure: Motion by Jones to receive and file the documents. Seconded by Farber. City Council Members stressed the importance of promot- ing the city's housing programs and incentives and expressed enthusiasm that developers were taking advantage of them. Motion carried 7-0. 8. Iowa Finance Authority (IFA) HOME Tenant -Based Rental Assistance (TBRA) Pro- gram Application: Motion by Wethal to receive and file the documents and adopt Resolution No. 185-23 Authorizing the Mayor to execute an application for the Home Tenant Based Rental Assistance Program and authorizing the Director of Housing and Community Develop- ment and the City Manager to approve the ap- plication. Seconded by Jones. Responding to questions from the City Council, Housing and Community Development Director Alexis Steger stated that the program will be adminis- tered in conjunction with city partners, including the Department of Human Services (DHS), Veterans Affairs (VA), and area homeless shel- ters, who will help identify eligible recipients. Ms. Steger stated that the city has applied for this program before without being accepted, but that the city recently receiving a match from the Community Foundation of Greater Dubu- que will make the city's current application more competitive. Responding to a question about the city's response to pan handling, Ms. Steger stated that the city provides pan han- dlers a resource card with phone numbers and addresses of various services. Motion carried 7-0. RESOLUTION NO. 185-23 AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION FOR THE HOME TEN- ANT -BASED RENTAL ASSISTANCE PRO- GRAM AND AUTHORIZING THE DIRECTOR OF HOUSING AND COMMUNITY DEVELOP- MENT AND THE CITY MANAGER TO AP- PROVE THE APPLICATION Whereas, the Iowa Finance Authority has published the availability of the HOME Tenant - Based Rental Assistance program; and Whereas, the City of Dubuque proposes to use HOME Tenant -Based Rental Assistance to pilot a rental deposit assistance program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1: That the Mayor is hereby author- ized and directed to submit an application to the Iowa Finance Authority (IFA) for the HOME Tenant -Based Rental Assistance program. Page 1054 of 2498 Book 153 Regular Session, June 5, 2023 239 Section 2: That the Director of Housing and Community Development and the City Man- ager are hereby authorized to approve the ap- plication that is submitted to IFA. Section 3: That the City Manager is hereby authorized and directed to forward said appli- cation and resulting standard executed con- tract to the respective agency in a timely fash- ion and as required by the Iowa Finance Au- thority. Passed, approved, and adopted this 5th day of June, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 9. Agreement with Chris Richard for Hous- ing TIF incentives of $10,000 per Low -Income Unit Created: Motion by Farber to receive and file the documents and adopt Resolution No. 186-23 Approving a Development Agreement by and between the City of Dubuque, Iowa and CARich Properties LLC. providing for funding assistance through Housing Tax Increment Fi- nancing in the amount of $110,000 for the de- velopment of 1706 Central Avenue. Seconded by Sprank. Responding to a question from the City Council, City Manager Van Milligen sum- marized how property taxes are allocated in TIF districts, stating that 60% of the property taxes generated from the development assist in implementing the project, with the remaining 40% allocated to affordable housing in the community. Responding to a question from the City Council, Ms. Steger stated that the devel- oper must certify that housing rates are afford- able and ensure their structures meet building codes. Motion carried 7-0. RESOLUTION NO. 186-23 APPROVING A DEVELOPMENT AGREE- MENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND CARICH PROPER- TIES LLC. PROVIDING FOR FUNDING AS- SISTANCE THROUGH HOUSING TAX IN- CREMENT FINANCING IN THE AMOUNT OF $110,000 FOR THE DEVELOPMENT OF 1706 CENTRAL AVENUE Whereas, it is the determination of the City Council that approval of the Development Agreement, for development of the Property at 1706 Central Avenue by CARich Properties LLC according to the terms and conditions set out in the Development 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 Development Agree- ment by and between the City of Dubuque and CARich Properties, a copy of which is [pro- vided] hereto, is hereby approved. Section 2. That the Mayor is hereby author- ized and directed to execute the Development Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is author- ized to take such actions as are necessary to comply with the terms of the Development Agreement as herein approved. Passed, approved, and adopted this 5th day of June, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 10. Work Session Request: Economic De- velopment: Motion by Jones to receive and file the documents and schedule the work session for Monday, June 26, 2023, at 6:00 PM p.m. Seconded by Wethal. Motion carried 7-0. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 8:15 p.m. to discuss Purchase or Sale of Real Estate — Chapter 21.5(1)(j) Code of Iowa. Seconded by Roussell. 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 ses- sion at 10:20 p.m. stating that staff had been given proper direction. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 10:20 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk Page 1055 of 2498 Book 153 Special Session, June 20, 2023 240 CITY OF DUBUQUE, IOWA There being no further business, Mayor CITY COUNCIL PROCEEDINGS Cavanagh declared the meeting adjourned at 6:31 p.m. SPECIAL SESSION OFFICIAL /s/Adrienne N. Breitfelder, CMC, City Clerk The Dubuque City Council met in special session at 5:30 p.m. on June 20, 2023, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6'h Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick (arrived at 5:31 p.m.), 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 on speed study data. WORK SESSION Speed Study Data Related to Automated Speed Enforcement Recommendations Police Chief Jeremy Jensen made intro- ductory remarks followed by a presentation from International City/County Management Association (ICMA) Fellow Abhishek Rai, Traf- fic Engineer Justine Hull, and City Engineer Gus Psihoyos on speed study data related to automated speed enforcement. Responding to a question from the City Council, Mr. Psihoyos stated that the Engineering Department did not collect data on the number of accidents that oc- curred on the days they tracked speed, but they could obtain that information. In response to additional questions, Mr. Psihoyos summa- rized how traffic engineers determine speed limits and the department's previous involve- ment with speed shields. Responding to a question from the City Council, Mr. Rai stated that data presented on speed -related accidents comes from the Fatality Analysis Reporting System (FARS). Responding to questions from the City Council, Chief Jensen stated that radar speed signs do not offer an enforcement capa- bility and that data presented on distracted drivers comes from the Department of Trans- portation (DOT). City Council Members con- cluded that additional information was needed before taking action on automated speed en- forcement cameras. It was determined that crash data was needed for the days that speed was tracked by the Engineering Department for this presentation, the results from speed cam- eras in Cedar Rapids and Waterloo, and how revenue collected from enforcing speed cam- eras would be utilized. City Manager Van Milli- gen confirmed that city staff can obtain that in- formation. Staff will include the information on a city council agenda once it has been com- piled. Page 1056 of 2498 Book 153 Regular Session, June 20, 2023 241 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:33 p.m. on June 20, 2023, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6'h Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attor- ney Brumwell. Mayor Cavanagh read the call and stated this is a regular session of the City Council called for the purpose of conducting such busi- ness that may properly come before the City Council. PLEDGE OF ALLEGIANCE PROCLAMATION(S) 1. Apples for Students Months (June and July 2023) was accepted by Beth McGorry on behalf of St. Mark Youth Enrichment. 2. Summer Learning Week (July 9 - 15, 2023) was accepted by Beth McGorry on be- half of St. Mark Youth Enrichment. 10101il&i=1ilr9rI=1Lyi&I 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 5/31/23 and 6/5/23; Historic Preservation Commission of 5/18/23; Library Board of Trustees of 5/25/23; Resilient Community Advisory Commission of 6/8/23; Zoning Advisory Commission of 6/7/23; Zoning Board of Adjustment of 5/25/23. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Kyle Cross for personal injury/property damage; David Hawkins for property damage; Mary Koppes for property damage; Robert Lynn for property damage; Alexis Lyons for property damage. Upon motion the documents were received, filed, and referred to the City Attorney. 3. Disposition of Claims: City Attorney ad- vised that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Kyle Cross for personal injury/property damage; Mary Koppes for property damage; Robert Lynn for personal injury; Alexis Lyons for property damage. Upon motion the docu- ments were received, filed, and concurred. 4. Approval of City Expenditures: Upon mo- tion the documents were received and filed, and Resolution No. 187-23 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. 187-23 AUTHORIZING THE CHIEF FINANCIAL OF- FICER / CITY TREASURER TO MAKE CER- TAIN 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 gen- erally accepted internal control procedures and have been determined to have been requisi- tioned for a lawful municipal purpose; and Whereas, the Chief Financial Officer -City Treasurer has provided a list of Expenditures [provided] 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 Fi- nancial Officer -City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is [provided] 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 pay- ment 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 ac- cordance with approved budget appropria- tions. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Chief Fi- nancial Officer are hereby authorized and di- rected to provide the statement of receipts and disbursements to the City Council, and to pub- lish a summary thereof. Page 1057 of 2498 Book 153 Regular Session, June 20, 2023 242 Passed, approved, and adopted this 20th Financing eligible expenses. day of June, 2023. 7. Transfer from the Greater Downtown Brad M. Cavanagh, Mayor Tax Increment Financing Fund to the Attest: Adrienne N. Breitfelder, City Clerk General Fund $140,217.18 for the reim- bursement of Tax Increment Financing 5. Resolution Approving Fund Transfers for eligible expenses. Capital Projects and Other Expense Reim- 8. Transfer from Dubuque Industrial Cen- bursements in Fiscal Year 2023 — Period 12: ter TIF fund to the General Construction Upon motion the documents were received and Fund $371,500.00 for Tax Increment fi- filed, and Resolution No. 188-23 Authorizing nancing eligible construction projects. the Chief Financial Officer to make the appro- 9. Transfer from Greater Downtown TIF priate interfund transfers of sums and record Fund to Parking Operations Fund the same in the appropriate manner for the FY $280,000.00 for debt service on down- 2023 for the City of Dubuque, Iowa was town ramps. adopted. 10. Transfer from Greater Downtown TIF Fund to Housing Trust Fund RESOLUTION NO. 188-23 $51,705.00 for reimbursement of Tax AUTHORIZING THE CHIEF FINANCIAL OF- Increment Financing eligible construc- FICER TO MAKE THE APPROPRIATE IN- tion projects. TERFUND TRANSFERS OF SUMS AND 11. Transfer from Sanitary Sewer Operat- RECORD THE SAME IN THE APPROPRIATE ing Fund to General Fund MANNER FOR THE FY 2023 FOR THE CITY $1,837,117.00 for recharge of adminis- OF DUBUQUE, IOWA trative overhead. Whereas, Iowa Administrative Rules Code 12. Transfer from Sanitary Sewer Operat- Section 545-2.5(5) implements Iowa Code ing Fund to Sanitary Sewer Capital Section 384.18 and provides that the City Fund $1,943,179.00 for capital con - Council shall approve all transfers of moneys struction. from one budgeted fund to another budgeted 13. Transfer from Stormwater Operating fund as provided in Iowa Administrative Rules Fund to General Fund $659,648.00 for Code Section 545-2.5(5). recharge of administrative overhead. NOW THEREFORE, BE IT RESOLVED BY 14. Transfer from Stormwater Operating THE CITY COUNCIL OF THE CITY OF DUBU- Fund to Stormwater Construction Fund QUE, IOWA: $400,000.00 for capital construction. Section 1. Authorize the Chief Financial Of- 15. Transfer from Parking Operating ficer to Transfer Funds. That the Chief Finan- Fund to General Fund $223,618.00 for cial Officer be and is hereby authorized by the recharge of administrative overhead. City Council to make the appropriate interfund 16. Transfer from Water Operating Fund transfer of sums and record the same in the ap- to General Fund $595,651.00 for re- propriate manner for FY 2023. charge of administrative overhead. Section 2. Transfer of Funds. That the 17. Transfer from Water Operating Fund Chief Financial Officer will transfer the follow- to Water Construction Fund ing sums and to record the same in the appro- $1,000,000.00 for capital construction. priate manner: 18. Transfer from Refuse Fund to Gen- 1. Transfer from General Fund to the Sec- eral Fund $1,305,346.00 for recharge of tion 8 Fund $172,382.00 for the deficit administrative overhead. related to HUD administrative funding. 19. Transfer from Landfill Fund to Gen- 2. Transfer from the General Fund to the eral Fund $477,980.00 for recharge of DRA Distribution Fund $1,266,922.00 administrative overhead. for budgeted capital projects. 20. Transfer from General Fund to the 3. Transfer from General Fund to Transit Debt Service Fund $191,104.50 for an - Fund $1,706,685.00 for the Transit nual debt service payments. Levy and reimbursement of the down- 21. Transfer from Dubuque Industrial town shuttle. Center Tax Increment Financing Fund 4. Transfer from the Tort Liability Fund to to the Debt Service Fund $651,136.56 the General Fund $510,819.06 for the for annual debt service payments. cost of liability insurance. 22. Transfer from Greater Downtown Tax 5. Transfer from the Trust & Agency Fund Increment Financing Fund to the Debt to the General Fund $2,326,864.60 for Service Fund $2,233,674.70 for annual the cost of employee benefits. debt service payments. 6. Transfer from the Dubuque Industrial 23. Transfer from Road Use Tax Special Center Tax Increment Financing Fund Revenue Fund to the Debt Service to the General Fund $326,993.71 for Fund $65,475.00 for annual debt ser- the reimbursement of Tax Increment vice payments. Page 1058 of 2498 Book 153 Regular Session, June 20, 2023 243 24. Transfer from Street Construction Passed, approved, and adopted this 201h Fund to the Debt Service Fund day of June 2023. $234,138.06 for annual debt service Brad M. Cavanagh, Mayor payments. Attest: Adrienne N. Breitfelder, City Clerk 25. Transfer from Sales Tax Increment Special Revenue Fund to the Debt Ser- 6. Contracted Services Agreements Fiscal vice Fund $4,675,826.79 for annual Year 2024 for Community Foundation of debt service payments. Greater Dubuque Programs: City Attorney rec- 26. Transfer from Sales Tax Construction ommended City Council approval of the [pro - Fund to the Debt Service Fund vided] Contracted Services Agreements with $605,862.35 for annual debt service the Community Foundation of Greater Dubu- payments. que for Inclusive Dubuque and Project HOPE 27. Transfer from Passenger Facility and authorizes the Mayor to execute the con - Fund to the Debt Service Fund tracts on behalf of the City. Upon motion the $181,053.72 for annual debt service documents were received, filed, and approved. payments. 28. Transfer from DRA Distribution Fund 7. Temporary Agreement Between the City to the Stormwater Operating Fund of Dubuque and ITC Midwest, LLC to Operate $151,133.75. for stormwater subsidies an Electric Transmission System in the City of related to tax exempt entities, farms, Dubuque: Upon motion the documents were and half rate for income qualified. received and filed, and Resolution No. 189-23 29. Transfer from Sales Tax Construction Approving an Agreement between the City of Fund to the Stormwater Operating Fund Dubuque and ITC Midwest, LLC to operate an $255,390.00 for stormwater subsidies electric transmission system in the City of related to tax exempt entities, farms, Dubuque was adopted. and half rate for income qualified. 30. Transfer from the General Fund to the RESOLUTION NO. 189-23 Refuse Fund $39,491.54 for reimburse- APPROVING AN AGREEMENT BETWEEN ment of 50% rate reduction. THE CITY OF DUBUQUE AND ITC MID- 31. Transfer from the General Fund to the WEST, LLC TO OPERATE AN ELECTRIC Sanitary Sewer Operating Fund TRANSMISSION SYSTEM IN THE CITY OF $31,007.89 for reimbursement of 50% DUBUQUE rate reduction. Whereas, the City of Dubuque, Iowa (City) 32. Transfer from the General Fund to the and ITC Midwest, LLC (ITC Midwest) have ten - Water Operating Fund $21,686.83 for tatively entered into an Agreement for the op - reimbursement of 50% rate reduction. eration of an electric transmission system in 33. Transfer from the Greater Downtown the City of Dubuque until such time as City and Tax Increment Financing Fund to the ITC Midwest finalize a franchise agreement to Parking Operating Fund $2,069,332.99. operate the system; and for the reimbursement of Tax Increment Whereas, the City Council finds that it is in Financing eligible debt service ex- the best interests of the City of Dubuque to ap- penses. prove the Agreement. 34. Transfer from the Greater Downtown NOW, THEREFORE, BE IT RESOLVED Tax Increment Financing Fund to the BY THE CITY COUNCIL OF THE CITY OF Transit Enterprise Fund $281,608.52 DUBUQUE, IOWA: for the reimbursement of Tax Increment Section 1. The [provided] Agreement is Financing eligible debt service ex- hereby approved. penses. Section 2. The City Manager is authorized 35. Transfer from the Sales Tax Special and directed to sign the Agreement on behalf Revenue Fund to the Transit Enterprise of the City of Dubuque. Fund $69,903.00 for the reimbursement Passed, approved, and adopted this 20th of debt service expenses. day of June, 2023. 36. Transfer from the Greater Downtown Brad M. Cavanagh, Mayor Tax Increment Financing Fund to the Attest: Adrienne N. Breitfelder, City Clerk Downtown Loan Pool Fund $200,000.00 for the reimbursement of 8. City of Dubuque Data and Cyber-Secu- Tax Increment Financing eligible ex- rity Center: City Manager recommended City penses. Council approve the Conflict Waiver Letter as 37. Transfer from the General Fund to the [provided] by Ahlers & Cooney, P.C., Attorney Refuse Operating Fund $95,339.00 for Conner Wasson and authorize the Mayor to the reimbursement of tipper cart ex- sign the consent form. Upon motion the docu- penses. ments were received, filed, and approved. Page 1059 of 2498 Book 153 Regular Session, June 20, 2023 244 9. Signed Contract(s): Proposal for Classi- fication and Compensation Study with Carlson Dettmann Consulting; Proposal for the Po- lice/Fire Classification and Compensation Study and Benefit/Total Rewards Survey with Carlson Dettmann Consulting; Professional Services Agreement with Carlson Dettmann Consulting for an assessment of the city's clas- sification and compensation program; Profes- sional Services Agreement with Carlson Dett- mann Consulting for market measurement for Fire and Police positions and Benefits/Total Rewards Survey; Vendor Service Agreement with Carlson Dettmann Consulting for Classifi- cation and Compensation Study; Vendor Ser- vice Agreement with Carlson Dettmann Con- sulting for Police/Fire Classification and Com- pensation Study and Benefit/Total Rewards Survey. Upon motion the documents were re- ceived and filed. 10. Second Amendment to Community De- velopment Block Grant CARES Act (CDBG- CV) Subrecipient Agreement for Almost Home Rehabilitation: Upon motion the documents were received and filed, and Resolution No. 190-23 Authorizing the Second Amendment to the CDBG-CV Subrecipient Agreement with Al- most Home at St. John's was adopted. RESOLUTION NO. 190-23 AUTHORIZING THE SECOND AMENDMENT TO THE CDBG-CV SUBRECIPIENT AGREE- MENT WITH ALMOST HOME AT ST. JOHN'S Whereas, the City of Dubuque and Almost Home at St. John's entered into a CDBG-CV Subrecipient Agreement dated October 17, 2022 with respect to rehab the shelter to re- spond to the COVID-19 pandemic; and Whereas, the City Council approved the Iowa Economic Development Authority CDBG- CV agreement with the City of Dubuque on De- cember 21, 2020; and Whereas, the parties desire to modify the Subrecipient Agreement as set out in the Sec- ond Amendment to the Subrecipient Agree- ment [provided] hereto; and Whereas, Almost Home at St. John's will provide services to a majority low to moderate - income individuals and serve a group primarily presumed to be LMI such as homeless per- sons. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Second Amendment to the Subrecipient Agreement with Almost Home at St. John's be approved. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute said Agreement and related docu- ments on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 201h day of June 2023. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 11. Final Plat of Steger Heights Plat 3: Upon motion the documents were received and filed, and Resolution No. 191-23 Approving the Final Plat of Steger Heights Plat 3, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 191 - 23 APPROVING THE FINAL PLAT OF STEGER HEIGHTS PLAT 3, IN THE CITY OF DUBU- QUE, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Steger Heights Plat 3 in the City of Dubuque, Iowa; and Whereas, said Final Plat has been exam- ined by the Zoning Advisory Commission and its approval has been endorsed thereon; and Whereas, said Final Plat has been exam- ined by the City Council and they find that it conforms to the statues and ordinances relat- ing thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Uni- fied Development Code, is waived to allow 0 ft. of frontage on a public street or an approved private street for Lot 2 Steger Heights Plat 3. Section 2. That the Final Plat of Steger Heights Plat 3, 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 Final Plat. Passed, approved, and adopted this 20"' day of June 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 12. Q Casino Project Progress Article: City Manager provided a copy of a Dubuque 365ink Magazine article about the Q Casino's project progress. Upon motion the documents were re- ceived and filed. 13. English Lane Sanitary and Storm Re- pair Project: Upon motion the documents were received and filed, and Resolution No. 192-23 Accepting the English Lane Sanitary and Storm Repair Project and authorizing the payment to the contractor was adopted. RESOLUTION NO. 192-23 ACCEPTING THE ENGLISH LANE SANI- TARY AND STORM REPAIR PROJECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Page 1060 of 2498 Book 153 Regular Session, June 20, 2023 245 Whereas, the public improvement contract for the English Lane Sanitary and Storm Repair Project (the Project) has been completed by the Contractor, McDermott Excavating, (Con- tractor), the City Engineer has examined the work and recommends that the Project be ac- cepted; and Whereas, the final contract amount for the Project is $58,436.26; and Whereas, the Contractor has previously been paid $55,514.45, leaving a balance of $2,921.81; 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 $2,921.81 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 20th day of June 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 14. Acceptance 2023 Asphalt Overlay Curb Ramp Project 1: Upon motion the documents were received and filed, and Resolution No. 193-23 Accepting the 2023 Asphalt Overlay Curb Ramp Project 1 and authorizing the pay- ment to the contractor was adopted. RESOLUTION NO. 193-23 ACCEPTING THE 2023 ASPHALT OVERLAY CURB RAMP PROJECT 1 AND AUTHORIZ- ING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the 2023 Asphalt Overlay Curb Ramp Pro- ject 1 (the Project) has been completed by the Contractor, BCD Contractors, (Contractor), the City Engineer has examined the work and rec- ommends that the Project be accepted; and Whereas, the final contract amount for the Project is $150,009.10; and Whereas, the Contractor has previously been paid $142,508.65, leaving a balance of $7,500.45; 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 $7,500.45 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 20th day of June 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 15. Acceptance 2023 Asphalt Overlay Curb Ramp Project 2: Upon motion the documents were received and filed, and Resolution No. 194-23 Accepting the 2023 Asphalt Overlay Curb Ramp Project 2 and authorizing the pay- ment to the contractor was adopted. RESOLUTION NO. 194-23 ACCEPTING THE 2023 ASPHALT OVERLAY CURB RAMP PROJECT 2 AND AUTHORIZ- ING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the 2023 Asphalt Overlay Curb Ramp Pro- ject 2 (the Project) has been completed by the Contractor, Midwest Concrete, Inc., (Contrac- tor), the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $103,316.73; and Whereas, the Contractor has previously been paid $98,150.89, leaving a balance of $5,165.84; 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 $5,165.84 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 20th day of June 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 16. Acceptance of Quit Claim Deed from James B. Gansen and Mary L. Gansen, and Robert J. Flanagan and Tina M. Flanagan: Upon motion the documents were received and filed, and Resolution No. 195-23 Accepting Quit Claim Deeds from James B. Gansen and Mary L. Gansen, and Robert J. Flanagan and Page 1061 of 2498 Book 153 Regular Session, June 20, 2023 246 Tina M. Flanagan, for certain easements across Part of Lot 1 of JQ Acres, Dubuque County, Iowa was adopted. RESOLUTION NO. 195 - 23 ACCEPTING QUIT CLAIM DEEDS FROM JAMES B. GANSEN AND MARY L. GANSEN, AND ROBERT J. FLANAGAN AND TINA M. FLANAGAN, FOR CERTAIN EASEMENTS ACROSS PART OF LOT 1 OF JQ ACRES, DUBUQUE COUNTY, IOWA Whereas, James B. Gansen and Mary L. Gansen are the owners of the property legally described as: Lot 2 JQ Acres No. 3, Dubuque County, Iowa, according to the recorded plat thereof; and Whereas, Robert J. Flanagan and Tina M. Flanagan (Gansen) are the owners of the prop- erty legally described as: Lot 1 JQ Acres No. 3, Dubuque County, Iowa, according to the recorded plat thereof; and Whereas, Lot 1 and Lot 2 of JQ Acres No. 3 have access to the public road and right of way of Bellevue Heights Road over the City Property legally described as Lot 1 of JQ Acres, Dubuque, County Iowa, via an existing 66' wide access easement as shown on the fi- nal plat of JQ Acres filed as instrument number 2011-00007351 in the Office of the Dubuque County Recorder; and Whereas, James B. Gansen and Mary L. Gansen, and to Robert J. Flanagan and Tina M. Flanagan, and the City of Dubuque have agreed to relocate the existing access ease- ment to a mutually beneficial location; and Whereas, James B. Gansen and Mary L. Gansen, and to Robert J. Flanagan and Tina M. Flanagan have executed the [provided] Quit Claim Deeds releasing their interest in the said 66' wide access easement as shown on the fi- nal plat of JQ Acres filed as instrument number 2011-00007351 in the Office of the Dubuque County Recorder. 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 Quit Claim Deeds from James B. Gansen and Mary L. Gansen, and to Robert J. Flanagan and Tina M. Flanagan, cop- ies of which are [provided] hereto, as required by Iowa Code Section 569.7. Section 2. The City Clerk is hereby author- ized to and directed to record this resolution and the Deeds with the Dubuque County Re- corder. Passed, approved, and adopted this 20th day of June, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 17. Five Flags Pyrotechnics Permit: City Manager recommended City Council approval of a Pyrotechnic Permit as submitted by the Five Flags Center for a pyrotechnic display at music performance on July 1, 2023. Upon mo- tion the documents were received, filed, and approved. 18. Certified List - Police Officer: Civil Ser- vice Commission submitted the certified list for the position of Police Officer. Upon motion the documents were received, filed, and made a matter of record. June 14, 2023 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Police Officer was administered on May 6, 2023. We, The Civil Service Commission, hereby certify that the individuals listed in the attached list have passed the written examina- tion administered on either March 11, 2023, or May 6, 2023, are using a valid transfer score, or are currently certified as an Iowa Law En- forcement Officer and any vacancies for the position of Police Officer should be filled from this list and that this list is good through March 12, 2024. Police Officer 1. Dustin Allen, 2. Noah Altman, 3. Ser Jon Bennett, 4. Dustin Brant, 5. Nathan Goodson - Gregg, 6. Ashley Hahnbaum — Certified, 7. So- phia Hammond, 8. Brandon Hoey, 9. Marcus Leitzen, 10. Noah Perry —Transfer Score, 11. Kenneth Schrader, 12. Josh Vauthier — Trans- fer Score Respectfully Submitted, Civil Service Commissioner 19. Settlement Agreement, Beecher Store, Inc.: City Manager recommended City Council approval of a Tobacco Compliance Settlement Agreement with Beecher Store, Inc, 1691 As- bury Road. Upon motion the documents were received, filed, and approved. 20. Settlement Agreement, EZ Stop 1: City Manager recommended City Council approval of a Tobacco Compliance Settlement Agree- ment with EZ Stop 1, 1101 Rhomberg Avenue. Upon motion the documents were received, filed, and approved. 21. Settlement Agreement, Kwik Stop #300: City Manager recommended City Coun- cil approval of the Tobacco Compliance Settle- ment Agreement with Kwik Stop #300, 1215 East 16"' Street. Upon motion the documents were received, filed, and approved. Page 1062 of 2498 Book 153 Regular Session, June 20, 2023 247 22. Settlement Agreement, Pioneers Rest Stop: City Manager recommended City Council approval of the Tobacco Compliance Settle- ment Agreement with Pioneer's Rest Stop, 4900 Old Highway Road. Upon motion the doc- uments were received, filed, and approved. 23. Approval of Retail Alcohol Licenses and Tobacco, Alternative Nicotine, and Vapor Prod- uct Permit Applications: Upon motion the doc- uments were received and filed, and Resolu- tion No. 196-23 Approving applications for re- tail alcohol licenses, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Li- censes and Permits; and Resolution No. 197- 23 Approving applications for retail permits to sell Tobacco, Tobacco Products, Alternative Nicotine Products, and Vapor Products, as re- quired by Iowa Code §453A.47A were adopted. RESOLUTION NO. 196-23 APPROVING APPLICATIONS FOR RETAIL ALCOHOL LICENSES, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDI- NANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CON- TROL, ARTICLE B LIQUOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for retail alcohol li- censes have been submitted and filed with the City Council for approval, and the same have been examined, provisionally approved, and/or approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City, and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Clerk is hereby author- ized and directed to cause to be issued at the noted premise address to the following appli- cants pending submission of the locally re- quired documentation: Renewals 1st & Main, 101 Main St. #113 7 Hills Brewing Co, LLC, 1085 Washington St. and 1098 Jackson St. Adobo's Mexican Grill, 756 Main St. Applebee's Neighborhood Grill And Bar, 1395 Associates Dr. Diamond Jo Casino, 301 Bell St. Fischer Lanes, 880 Locust. St. Fox Den Motel, 920 Main St. House Of China Co, 170 John F Kennedy Rd. Jubeck New World Brewing LLC, 115 West 11 th St. Oolong Asia Cuisine, 145 West 11th St. Paul's Tavern, 176 Locust St. The Lift, 180 Main St. Vinny Vanucchis Little Italy, 164 Main St Walnut Tap Tavern, 709 University Ave. Passed, approved, and adopted this 20th day of June 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 197-23 APPROVING APPLICATIONS FOR RETAIL PERMITS TO SELL TOBACCO, TOBACCO PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS, AND VAPOR PRODUCTS, AS REQUIRED BY IOWA CODE §453A.47A Whereas, applications for retail permits to sell tobacco, tobacco products, alternative nic- otine products, vapor products, or a combina- tion of these products have been submitted and filed with the City Clerk; and Whereas, the applicants have filed the proper application and fees as required by Iowa Code §453A.47A; and Whereas, the Iowa Department of Revenue requires all applications be approved by the City Council; and Whereas, all retail permits to sell tobacco, tobacco products, alternative nicotine prod- ucts, and vapor products shall expire on June 30 of each year, as established in Iowa Code §453A.47A(7). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Clerk is hereby author- ized and directed to cause to be issued the fol- lowing named applicants and locations for re- tail permits to sell one or more of the following as specified on the retail permit applications: tobacco, tobacco products, alternative nicotine products, and vapor products. Effective from: July 1, 2023 to June 30, 2024 Business Name, Business Address Beecher Liquor, 1691 Asbury Rd. Central Grocery and Beauty Inc., 1572 Cen- tral Ave. Dubuque Wine and Spirits, 2013 Central Ave. #2 Dubuque Wine and Spirits, 3305 Asbury Rd. Pink Cloud Smoke Shop, 3301 Pennsylvania Ave. Sid's Beverage Store Inc., 2727 Dodge St. Passed, approved, and adopted this 201h day of June 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk BOARDS/COMMISSIONS Appointments were made to the following boards/commissions. Page 1063 of 2498 Book 153 Regular Session, June 20, 2023 248 1. Board of Library Trustees: Two, 4-Year terms through July 1, 2027 (Expiring terms of Lieberman and Mullin). Applicants: Victor Lieberman, 1575 Montrose Ter.; Pam Mullin, 2050 Mullin Rd. This commission is subject to the State of Iowa Gender Balance Law, §69.16A. 7 Commissioners total; currently 3 males/2 females/ 2 openings. City Council con- firmed that appointments to the Board of Li- brary Trustees were no longer mayoral ap- pointments based on a previous ordinance amendment. Motion by Roussell to appoint Mr. Lieberman and Ms. Mullin to the four-year terms through July 1, 2027. Seconded by Sprank. Motion carried 7-0. 2. Cable Television Commission: Two, 3- Year terms through July 1, 2026 (Expiring terms of Maloney and Tigges). Applicants: Pauline Maloney, 506 Saint George St.; Ronald Tigges, 4927 Wild Flower Dr. Motion by Jones to appoint Mr. Maloney and Mr. Tigges to the three-year terms through July 1, 2026. Seconded by Wethal. Motion carried 7-0. 3. Historic Preservation Commission: Two, 3-Year terms through July 1, 2026 (Expiring Langworthy District term of Dement, and Li- censed Architect term of Monk). Applicants: Thea Dement, 375 Alpine St (Qualifies as Liv- ing within the Langworthy District); Christina Monk, 2770 Van Buren St. (Qualifies as a Li- censed Architect). This commission is subject to the State of Iowa Gender Balance Law, §69.16A. 9 Commissioners total; currently 4 males/2 females/ 3 openings. Motion by Jones to appoint Ms. Dement and Ms. Monk to the three-year terms through July 1, 2026. Se- conded by Sprank. Motion carried 7-0. 4. Long Range Planning Advisory Commis- sion: One, 3-Year term through July 1, 2026 (Expiring term of Ward). Applicant: Mark Ward, 2758 Tiffany Ct. Motion by Farber to appoint Mr. Ward to the three-year term through July 1, 2026. Seconded by Roussell. Motion carried 7- 0. 5. Park and Recreation Advisory Commis- sion: Three, 3-Year terms through June 30, 2026 (Expiring terms of Axtell, Kennicker, and Ochoa). Applicants: Ron Axtell, 1895 Norland Dr.; Ericson Hilbun, 1430 Oeth Ct.; Robin Ken - nicker, 2929 Elm St.; Jessica Ochoa, 1970 Hale St. Shirley Snow, 779 University Ave. Upon roll call vote, Mr. Axtell, Ms. Kennicker, and Ms. Ochoa were appointed to the 3-year terms through June 30, 2026. Mr. Axtell and Ms. Kennicker respectively received all seven votes for two of the 3-year terms. Mr. Hilburn received 1 vote (Farber), and Ms. Ochoa re- ceived the remaining 6 votes for the other 3- yearterm. 6. Resilient Community Advisory Commis- sion: One Cross Representative whose term will coincide with their term on the cross repre- sented board or commission (Expiring Cross Representative Member term of Kennicker). Applicants: Thea Dement, 375 Alpine St. - Cur- rent member of Historic Preservation Commis- sion — Term will expire on 7-1-26 if reappointed to the Historic Preservation Commission at the 6-20-23 City Council meeting; Robin Ken - nicker, 2929 Elm St. - Current member of Park and Recreation Advisory Commission — Term will expire on 6-30-26 if reappointed to the Parks and Recreation Advisory Commission at the 6-20-23 City Council meeting. Two, 3-Year terms through July 1, 2026 (Expiring At -Large terms of Chamberland and Jayawickrama). *Note: cross representative applicants who are not appointed to the cross - representative term are eligible for the at -large terms. Applicants: Joshua Chamberland, 2145 Delaware St.; Thea Dement, 375 Alpine St.; Lalith Jayawickrama, 2360 Cherry St.; Robin Kennicker, 2929 Elm St.; Lori 011endick, 1390 Oak Park PI. Upon roll call vote, Ms. Kennicker was ap- pointed to the three-year term, which will be through June 30, 2026, to coincide with her term on the Park and Recreation Advisory Commission. Ms. Kennicker received all 7 votes. City Clerk Breitfelder announced that since Ms. Kennicker was appointed to the cross rep- resented term, she is ineligible for the at -large term. Upon roll call vote, Mr. Chamberland and Mr. Jayawickrama were appointed to the 3- year terms through July 1, 2026. Mr. Chamber - land received all 7 votes from Council for one of the terms. Ms. 011endick received 1 vote (Resnick), and Mr. Jayawickrama received the remaining 6 votes for the other 3-year term. 7. Zoning Advisory Commission: Three, 3- Year terms through July 1, 2026 (Expiring terms of Christ, Kemp, and Zuccaro). Appli- cants: Martha Christ, 88 Princeton Place; Car- rie Lohrmann, 1840 Asbury Rd.; Teri Zuccaro, 1765 Plymouth Court. This commission is sub- ject to the State of Iowa Gender Balance Law, §69.16A. 7 Commissioners total; currently 4 males/0 females/ 3 openings. Motion by Rous- sell to appoint Ms. Christ, Ms. Lohrmann, and Ms. Zuccaro to the three 3-year terms through July 1, 2026. Seconded by Farber. Council Member Roussell thanked Ms. Christ for her decades of service on the commission. Motion carried 7-0. PUBLIC HEARINGS 1. Resolution Approving the Development Agreement by and between the City of Dubu- que, Iowa and McCoy Group, Inc. LLC Page 1064 of 2498 Book 153 Regular Session, June 20, 2023 249 Providing for the Sale of City -owned Real Es- tate to McCoy Group, Inc. and the Issuance of Urban Renewal Tax Increment Revenue Grant Obligations Pursuant to the Development Agreement: Motion by Roussell to receive and file the documents and adopt Resolution No. 198-23 Approving the disposal of an interest in real property owned by the City of Dubuque by sale pursuant to a Development Agreement with McCoy Group, Inc. Seconded by Resnick. Zach Berry, 2688 University Ave., requested clarification on whether the development agreement will result in the construction of a new parking lot. City Manager Van Milligen stated that McCoy group is purchasing an ex- isting parking lot north of the property that they will occupy. City Council Members thanked city staff for putting together this agreement. Mo- tion carried 7-0. RESOLUTION NO. 198-23 APPROVING THE DISPOSAL OF AN INTER- EST IN REAL PROPERTY OWNED BY THE CITY OF DUBUQUE BY SALE PURSUANT TO A DEVELOPMENT AGREEMENT WITH MCCOY GROUP, INC. 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 de- scribed therein; and Whereas, the City of Dubuque, Iowa, is in- terested in stimulating reinvestment in the Greater Downtown Urban Renewal District; and Whereas, the Plan provides, among other things, for the disposition of properties for pri- vate development purposes; and Whereas, McCoy Group, Inc. submitted to the City a proposal in the form of an offer to purchase (the "Development Agreement") for the purchase of certain City -owned real prop- erty hereinafter described ("the Property"), which Development Agreement proposes Merge, LLC will undertake the purchase of a building located at the corner of Bell Street and 6` Street as described therein, which Property is the real estate consisting of approximately 0.7 acres shown on Exhibit A, and which De- velopment Agreement requests that this Prop- erty be made available for sale as rapidly as possible; and Whereas, Iowa Code Chapter 403 author- izes cities to dispose of property in furtherance of an urban renewal project and to take other actions as may be necessary to carry out the purposes of said Chapter, and the Plan simi- larly authorizes the City to dispose of property; and Whereas, in compliance with Iowa Code Section 403.8, and to the extent required by law, Iowa Code Section 364.7, the City Council has set forth its proposal to dispose of its inter- ests in the Property and the City Clerk pub- lished a notice on May 19, 2023 as required by law soliciting competitive proposals for the Property; and Whereas, as of 10:00 a.m. on June 16, 2023 the City Clerk received no competitive proposals for the Property; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to ap- prove the Development Agreement proposed by McCoy Group, Inc., and the sale of the Prop- erty as provided in the Development Agree- ment. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The Council finds that the trans- fer of the Property will promote the purposes of the urban renewal law, Iowa Code Ch. 403 in the City and, together with the other consider- ation provided for in the Agreement, that these benefits constitute fair value for the City's dis- posal of interests in the Property under Iowa Code Section 403.8. Section 2. The Development Agreement between the City and McCoy Group, Inc. in- cluding the sale of the Property as provided therein, is hereby approved. Section 3. The Mayor is authorized and di- rected to execute said Development Agree- ment on behalf of the City of Dubuque. Passed, approved, and adopted this 20th day of June, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Resolution Approving the Development Agreement between the City of Dubuque and Switch Homes, LLC providing for the Issuance of Urban Renewal Tax Increment Revenue Grant Obligations Pursuant to the Develop- ment Agreement: Motion by Jones to receive and file the documents and adopt Resolution No. 199-23 Approving a Development Agree- ment between the City of Dubuque and Switch Homes, LLC, including the proposed reim- bursement of Switch Homes, LLC for certain in- frastructure improvements as described in the Development Agreement by the issuance of ur- ban renewal tax increment revenue grants. Se- conded by Sprank. City Clerk Breitfelder stated that written input was received by James Gantz, 12241 Forest Meadow Dr. Eric Lucy, 2736 Tiffany Ct., requested a four-way traffic light to access the property via the Northwest Arterial, also in reference to Action Item No. 2. Responding to a question from the City Council regarding the status of Mr. Gantz's develop- ment in the area, Planning Services Manager Wally Wernimont stated that the Zoning Advi- sory Commission tabled Mr. Gantz's Planned Unit Development (PUD) request regarding Page 1065 of 2498 Book 153 Regular Session, June 20, 2023 250 access to the Northwest Arterial. A traffic study conducted by a traffic consultant recom- mended a right -in right -out access point. The revised concept plan reflecting that recommen- dation is pending from Mr. Gantz. Mr. Werni- mont stated that Mr. Gantz's prospective devel- opment was taken into consideration when de- termining the improvements that will be re- quired by Switch Homes, LLC. Responding to questions from the City Council, City Manager Van Milligen stated that the development agreement for this public hearing and the plat for Action Item No. 2 do not indicate a full inter- section on the Northwest Arterial and that the developer, Matthew Mulligan, was aware of the city's incentive offerings. City Council Members discussed the difference between this public hearing and Action Item No. 2, stating that the public hearing is to approve the development agreement. Responding to a question from the City Council, City Attorney Brumwell stated that the language changes in the development agreement were city -initiated changes con- ducted with outside counsel. City Council Members discussed the importance of devel- opment and how this project initiated other housing development agreements. Motion car- ried 7-0. RESOLUTION NO. 199-23 APPROVING A DEVELOPMENT AGREE- MENT BETWEEN THE CITY OF DUBUQUE AND SWITCH HOMES, LLC, INCLUDING THE PROPOSED REIMBURSEMENT OF SWITCH HOMES, LLC FOR CERTAIN IN- FRASTRUCTURE IMPROVEMENTS AS DE- SCRIBED IN THE DEVELOPMENT AGREE- MENT BY THE ISSUANCE OF URBAN RE- NEWAL TAX INCREMENT REVENUE GRANTS Whereas, Switch Homes, LLC is the owner of the following described real property: Mozena Farm South in the City of Dubuque, Iowa, according to the plat recorded as Instrument No. 2005- 17498, records of Dubuque County, Iowa; and Lot 2 of "Dondelinger Place" in the City of Dubuque, Iowa, according to the pre- liminary plat [provided] as Exhibit B. (the Property) (the parties agree that the Property will be replotted, and the Development Agreement will be amended to add the recorded Plat); and Whereas, the City Council, by Resolution No. 176-23, dated June 5, 2023, declared its intent to enter into a Development Agreement with Switch Homes, LLC pursuant to which Switch Homes, LLC will construct on the Prop- erty certain infrastructure improvements as de- scribed in the Agreement; and Whereas, the parties intend to adopt, and the Development Agreement is subject to a conditioned upon adopting an Urban Renewal Plan which will be on file with the County Audi- tor and the Dubuque City Clerk by no later than December 31, 2023; and Whereas, the Development Agreement provides for reimbursement of Switch Homes, LLC by the issuance of Tax Increment Reve- nue Grants from the tax increment revenues collected in respect of the infrastructure im- provements to be constructed in accordance with the Development Agreement, for the pur- pose of carrying out the objectives of an Urban Renewal Plan as described therein; and Whereas, pursuant to published notice, a public hearing was held on the proposed De- velopment Agreement on June 20, 2023 at 6:30 p.m.; and Whereas, it is the determination of the City Council that the approval of the Development Agreement for the construction of certain infra- structure improvements on the Property, ac- cording to the terms and conditions set out in the Development Agreement, is in the public in- terest 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 Development Agree- ment by and between the City of Dubuque and Switch Homes, LLC, a copy of which is [pro- vided] hereto, including the issuance of Urban Renewal Tax Increment Revenue Obligations, is hereby approved, subject to and conditioned upon the adoption of the Urban Renewal Plan by no later than December 31, 2023. Section 2. That the Mayor is hereby author- ized and directed to execute the Development Agreement on behalf of the City of Dubuque and the City Clerk is authorized to attest to his signature. Section 3. That the City Manager is author- ized to take such actions as are necessary to comply with the terms and conditions of the De- velopment Agreement as herein approved. Passed, approved, and adopted this 201' day of June, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Kerper Court and Kerper Boulevard In- tersection Improvement Project: Motion by Sprank to receive and file the documents and adopt Resolution No. 200-23 Approval of plans, specifications, form of contract, and es- timated cost for the Kerper Court and Kerper Boulevard Intersection Improvement Project. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 200-23 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE KERPER COURT AND Page 1066 of 2498 Book 153 Regular Session, June 20, 2023 251 KERPER BOULEVARD INTERSECTION IM- PROVEMENT PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the [provided] plans, specifications, form of contract and estimate of total cost for the Kerper Court and Kerper Boulevard Inter- section Improvement Project, in the estimated amount of $1,327,497.00 are hereby approved. Passed, approved, and adopted this 20th day of June 2023. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 4. West 1st Street Sanitary Repair Project: Initiate Public Improvement Bidding Process: Motion by Resnick to receive and file the docu- ments and adopt Resolution No. 201-23 Ap- proval of plans, specifications, form of contract, and estimated cost for the W 1 st Street Sanitary Repair Project. Seconded by Farber. Motion carried 7-0. RESOLUTION NO. 201-23 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE WEST 1st STREET SANI- TARY REPAIR PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for W 1st Street Sanitary Repair Project, in the estimated amount $221,497.00, are hereby approved. Passed, approved, and adopted this 20th day of June 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Grant of Easements to James B. Gansen and Mary L. Gansen, and Robert J. Flanagan and Tina M. Flanagan: Motion by Roussell to receive and file the documents and adopt Res- olution No. 202-23 Disposing of city interest by Grant of Easements for access to James B. Gansen and Mary L. Gansen, and Robert J. Flanagan and Tina M. Flanagan, Across Part of Lot 1 of JQ Acres, Dubuque County, Iowa. Seconded by Resnick. Motion carried 7-0. RESOLUTION NO. 202-23 DISPOSING OF CITY INTEREST BY GRANT OF EASEMENTS FOR ACCESS TO JAMES B. GANSEN AND MARY L. GANSEN, AND ROBERT J. FLANAGAN AND TINA M. FLANAGAN, ACROSS PART OF LOT 1 OF JQ ACRES, DUBUQUE COUNTY, IOWA Whereas, pursuant to Resolution No. 175- 23 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 91h day of June, 2023, the City Council of the City of Dubuque, Iowa met on this 201h day of June, 2023, at 6:30 p.m. in the Historic Federal Build- ing, 350 W. 6th Street, Dubuque, Iowa, to con- sider the proposal for the granting of ease- ments across City owned property described as: Part of Lot 1 of JQ Acres, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written to the proposed granting of easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Grant of Easements for Access to James B. Gansen and Mary L. Gan- sen, and to Robert J. Flanagan and Tina M. Flanagan, across Part of Lot 1 of JQ Acres, Dubuque County, Iowa, be and the same is hereby approved. Section 2. That the Mayor be authorized and directed to execute the Grant of Ease- ments for Access and the City Clerk be and is hereby authorized and directed to deliver said Grant of Easements to James B. Gansen and Mary L. Gansen, and to Robert J. Flanagan and Tina M. Flanagan. Section 3. That the City Clerk be and is hereby authorized and directed to record a cer- tified copy of this Grant of Easements for Ac- cess in the offices of the Dubuque County Re- corder. Passed, approved, and adopted this 20th day of June 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk PUBLIC INPUT Marty Corfman, 1185 N. Booth St., member of the Dubuque Audubon Society; David Schel- ler; and Sarah Ellert-Beck, 4855 Camelot Dr. respectively provided input regarding the bird habitats that were recently destroyed from mowing at the Plaza Drive property owned by Talon Development. The speakers proposed additional regulation in consideration of wildlife habitats and that the city dedicate certain city - owned property as a permanent preserve for birds. Ken Kiss, 16844 Muntz Ct., President of Dubuque Audubon Society, also provided input regarding bird habitats and distributed photos of the various birds impacted by the mowing. Josh Krueger, 1305 E. Benson Rd., Sioux Falls, SD, provided input on behalf of Talon De- velopment, stating that the company uninten- tionally did not receive the Dubuque Audubon Society's communications immediately and that they were willing to participate in conver- sations with the Dubuque Audubon Society Page 1067 of 2498 Book 153 Regular Session, June 20, 2023 252 and other parties. Rick Dickinson, President and CEO of Greater Dubuque Development Corporation, stated that Talon Development should not be at fault for the mowing of bird habitats at Plaza Drive, as it was a local farmer contracted to mow the property without Talon Development's knowledge. ACTION ITEMS 1. Municipal Services Center EV Charging Stations Project: Motion by Jones to receive and file the documents and adopt Resolution No. 203-23 Awarding public improvement con- struction contract for the Municipal Services Center EV Charging Stations Project. Se- conded by Sprank. Responding to a question from the City Council, City Manager Van Milli- gen stated the city adopted a formula regarding the lifecycle costs of considering new vehicles. Motion carried 7-0. RESOLUTION NO. 203-23 AWARDING PUBLIC IMPROVEMENT CON- STRUCTION CONTRACT FOR THE MUNICI- PAL SERVICES CENTER EV CHARGING STATIONS PROJECT Whereas, sealed proposals have been sub- mitted by contractors for the Municipal Ser- vices Center EV Charging Stations Project, (the Project) and Notice to Bidders published on the City of Dubuque, Iowa website and plan room service with statewide circulation on the 2,d day of May 2023; and Whereas, said proposals were opened and read on the 23rd day of May 2023 and it has been determined that Westphal & Company, Inc of Dubuque, Iowa submitted the low bid in the amount of $137,400.00, and is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That a Public Improvement Con- struction Contract for the Project is hereby awarded to Westphal & Company, Inc. and the City Manager is hereby directed to execute a Public Improvement Construction Contract on behalf of the City of Dubuque for the Project. Passed, approved, and adopted this 20t" day of June 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Final Plat of Switch Homes of Dubuque: Motion by Wethal to receive and file the docu- ments and adopt Resolution No. 204-23 Au- thorizing approval of the Final Plat of Switch Homes of Dubuque, in the City of Dubuque, Iowa. Seconded by Jones. Responding to questions from the City Council, Planning Ser- vices Manager Wernimont summarized the plat development and approval process. City Council Members stated that they considered resident input as part of this process. Motion carried 7-0. RESOLUTION NO. 204 - 23 AUTHORIZING APPROVAL OF THE FINAL PLAT OF SWITCH HOMES OF DUBUQUE, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Switch Homes of Dubu- que, in the City of Dubuque, Iowa; and Whereas, upon said final plat appear public streets to be known Tiffany Court, Uphill Both Ways Road, Linger Longer Lane, and Holy Moly Place (all in Lot A), which the owner by said final plat has dedicated to the public for- ever; and Whereas, upon said final plat appear Lot B and Lot C, which the owner by said final plat has dedicated to the public forever as road right of way of West 32"d Street; and Whereas, upon said final plat appear cer- tain public utility, emergency services access easement, and storm drainage easements, which the owner by said final plat has dedi- cated to the public forever; and Whereas, upon said final plat appears Out - lot G (for Public Park), and certain water main, sanitary sewer, storm sewer, and temporary cul-de-sac easements, which the owner by said final plat has dedicated to the City of Dubuque forever; and Whereas, said final plat has been reviewed by the City Planner and his approval has been endorsed thereon, subject to the owner's agreeing to the conditions specified herein; and Whereas, said final plat has been exam- ined by the City Council and the City Council find the final plat conforms to the applicable statutes and ordinances, except that streets and public utilities have not yet been com- pletely constructed or installed. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the dedication of Tiffany Court, Uphill Both Ways Road, Linger Longer Lane, and Holy Moly Place (all in Lot A), Lot B and Lot C (West 32"d Street Right of Way), Out - lot G (for Public Park), together with certain wa- ter main, sanitary sewer, storm sewer, and temporary cul-de-sac easements, as they ap- pear on said final plat, to the City of Dubuque be and the same are hereby accepted; and Section 2. That the Final Plat of Switch Homes of Dubuque 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 final plat, pro- vided the owners of said property herein named, execute their written acceptance of the [provided] conditions, and further agree: a. To reduce Tiffany Court (unimproved Page 1068 of 2498 Book 153 Regular Session, June 20, 2023 253 portion), Uphill Both Ways Road, Linger specifications, all in a manner acceptable Longer Lane, and Holy Moly Place (all in to the City Engineer, and in accordance Lot A), to grade and to construct longitu- with the construction improvement plans dinal sub -drain, concrete curb and gutter approved by the City Engineer. with asphaltic concrete pavement or with f. To construct a right in right out access Portland Cement concrete pavement with at the intersection of Uphill Both Ways integral curb, and temporary cul-de-sacs, Road and the Northwest Arterial and as - all in accordance with the City of Dubu- sociated deceleration lane along the que standard specifications in a manner Northwest Arterial in accordance with City acceptable to the City Engineer, in con- of Dubuque Standards and Specifica- formance with construction improvement tions, all in a manner acceptable to the plans approved by the City Engineer, and City Engineer, and in accordance with the inspected and approved by the City Engi- construction improvement plans ap- neer. The temporary cul-de-sacs to re- proved by the City Engineer and in- ceive bituminous without curb and gutter, spected and approved by the City Engi- all in accordance with the City's standard neer. specifications in a manner acceptable to g. To regrade the existing southern em- the City Engineer, in conformance with bankment and reconstruct the existing construction improvement plans ap- bike/hike trail along the Northwest Arterial proved by the City Engineer and in- roadway in accordance with City of Dubu- spected and approved by the City Engi- que Standards and Specifications, all in a neer. manner acceptable to the City Engineer, b. To grade Public Park (Outlot G) in ac- and in accordance with the construction cordance with the City of Dubuque stand- improvement plans approved by the City and specifications in a manner acceptable Engineer and inspected and approved by to the City Engineer and Leisure Services the City Engineer. Manager, in conformance with construc- h. To construct the improvements out- tion improvement plans approved by the lined above within three years from the City Engineer and inspected and ap- date of acceptance of this resolution, at proved by the City Engineer. the sole expense of the owners, or future c. To install public sanitary sewer mains owner. and private sewer service laterals into i. To maintain the improvements out - each individual lot, public water mains lined above for a period of two (2) years and private water service laterals into from the date of the acceptance of those each individual lot, private storm water improvements by the City Council of the detention basins, private storm sewers, City of Dubuque, Iowa, at the sole final public storm sewers and catch basins, expense of the owners, or future owner. public boulevard street lighting, public fi- j. That access to the Northwest Arterial ber optic conduit and vaults, and erosion is prohibited from all lots within Switch control devices all in accordance with the Homes of Dubuque except for the right - City of Dubuque standard specifications in/right-out only intersection at the North - in a manner acceptable to the City Engi- west Arterial and Uphill Both Ways Road. neer, and in accordance with construction k. To provide security for the perfor- improvement plans approved by the City mance of the foregoing conditions speci- Engineer, and inspected and approved fied in this resolution in the amount of by the City Engineer, and to coordinate 110% of the estimated Qualified Costs of with a private utility company for the in- the public improvements outlined above, stallation of private fiber to each residen- in such form and with such sureties as tial lot in the subdivision. may be acceptable to the City Manager of d. To construct accessible sidewalk the City of Dubuque, Iowa, and to provide ramps at each intersection and street construction inspection fees in the crossings in accordance with City of amount of 3% of the estimated Qualified Dubuque Standards and Specifications, Costs of the public improvements. all in a manner acceptable to the City En- Section 3. That sidewalk installation shall gineer, and in accordance with the con- be the responsibility of each lot owner for each struction improvement plans approved by lot abutting the public rights -of -way, including the City Engineer and inspected and ap- lots with multiple frontages, as required by City proved by the City Engineer. Code Chapter 10-1-2 (Sidewalk Installation e. To construct accessible concrete and Repair). sidewalk across all lots on the Final Plat Section 4. That the owner must construct designated to be dedicated to the City of and maintain erosion control devices in Switch Dubuque (Outlot G and Outlot E) in ac- Homes of Dubuque which control erosion and cordance with the City's standards and prevent sediment from leaving the site. The Page 1069 of 2498 Book 153 Regular Session, June 20, 2023 254 owner shall be responsible for maintenance of the all -storm water detention facilities and ap- purtenances located on Out lots B, D, and K of Switch Homes of Dubuque in perpetuity. Section 5. That the owner must maintain the temporary cul-de-sacs on Tiffany Court and Uphill Both Ways Road, except for snow re- moval and deicing, until such time as the de- velopment of the adjacent property begins or owner designs and constructs permanent cul- de-sac improvements to current City Standards and dedicates said improvements and an ap- propriate right of way to the City. Section 6. That the owner must construct and maintain an emergency services access roadway across Out lot D, in conformance with construction improvement plans approved by the City Engineer and inspected and approved by the City Engineer. Section 7. That the owner must acquire a temporary public cul-de-sac easement for the benefit of the City of Dubuque, in a form ac- ceptable to the City of Dubuque, from the adja- cent property owner at the east end of Uphill Both Ways Road in accordance with the con- struction improvement plans approved by the City Engineer Section 8. That the planting of street trees shall be coordinated with the City's Urban For- ester. Any tree(s) planted within the street right-of-way must be approved by the Urban Forester. The location and species of tree(s) will be approved by the Urban Forester and planted and cared for through establishment by the developer at the developer's expense. Section 9. That the final acceptance of the public improvements shall only occur upon cer- tification of the City Engineer to the City Coun- cil that the public improvements have been completed in accordance with the approved im- provement plans and City standards and spec- ifications and accepted by City Council Reso- lution. Section 10. That within 60 days of execu- tion of acceptance of this Resolution Switch Homes, LLC will convey to the City of Dubuque all rights of access to the Northwest Arterial at Highway Station 73+00, method of convey- ance to be as mutually agreed upon by Switch Homes, LLC and City. That within 60 days of execution of acceptance of this Resolution, the City of Dubuque will convey and grant new rights of access to the Northwest Arterial at the intersection of the Northwest Arterial and Uphill Both Ways Road, method of conveyance to be as mutually agreed upon by Switch Homes, LLC, and City. Section 11. That in the event Switch Homes, LLC fails to execute the acceptance and furnish the guarantees provided hereof within 180 days after the date of this Resolu- tion, the provisions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. Passed, approved, and adopted this 20th day of June 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Ordinance Amendment Requiring Regis- tration of all Taxicab Drivers with the City Clerk: Motion by Jones to receive and file the docu- ments and that the requirement that a pro- posed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Roussell. City Council Members deliberated whether the taxi busi- nesses should have been consulted on the pro- posed amendment prior to its adoption. Motion carried 6-1 with Resnick voting nay. Motion by Jones for final consideration and passage of Ordinance No. 31-23 Amending City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 7 Vehicles for Hire and Public Transportation, Ar- ticle B Motorized Vehicles for Hire, Section 4- 713-8 Taxicab Business License and Taxicab Driver's Permit. Seconded by Wethal. Motion carried 7-0. ORDINANCE NO. 31-23 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 7 VEHI- CLES FOR HIRE AND PUBLIC TRANSPOR- TATION, ARTICLE B MOTORIZED VEHI- CLES FOR HIRE, SECTION 4-713-8 TAXICAB BUSINESS LICENSE AND TAXICAB DRIVER'S PERMIT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 4-713-8 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 4-713-8: TAXICAB BUSINESS LICENSE AND TAXICAB DRIVER'S PERMIT: A. Taxicab Business License Requirements; Insurance; Fees: 1. Taxicab Business License Required: No person may operate a taxicab alone or as part of a taxicab business without first having obtained a taxicab business license from the city clerk. 2. Application For Taxicab Business Li- cense: a. An application for a taxicab busi- ness license must be filed with the city clerk's office on a form provided by the city clerk. b. The chief of police will investigate each applicant for a taxicab busi- ness license and a report of such in- vestigation will be attached to the application for consideration by the Page 1070 of 2498 Book 153 Regular Session, June 20, 2023 255 city clerk. issue of whether the taxicab business li- 3. Consideration Of Application: The city cense was properly revoked, sus - clerk will, in consultation with the chief pended, or denied. of police and upon consideration of the 8. Taxicabs Registered With City Clerk: application and the required reports at- The applicant or license holder must tached thereto, approve, or reject the register all vehicles operating as taxi - application. cabs for the taxicab business with the 4. Insurance Prerequisite To Issuance; city clerk. Any new vehicles that begin Continuance In Effect: The taxicab operating as taxicabs after the taxicab business owner must at all times while business license is obtained must be the license is in effect provide insurance registered with the city clerk prior to the as required by the city manager. vehicles operating as taxicabs. 5. Fees: No taxicab business license will 9. Taxicab Drivers Registered With City be issued or renewed unless the holder Clerk: The applicant or license holder thereof has paid an annual taxicab busi- must register all taxicab drivers with the ness license fee established by the city city clerk. Any additional drivers hired manager and an annual vehicle fee es- after the taxicab business license is ob- tablished by the city manager for each tained must be registered with the city vehicle in such taxicab business. Such clerk prior to the driver operating a taxi - fees are for one year commencing April cab for hire. 1. 10. Display Of Taxicab Business License: 6. Denial, Suspension, Or Revocation Of The taxicab business license must be License: displayed at the taxicab business loca- a. The city clerk may deny, suspend, tion. A copy of the taxicab business li- or revoke issuance of a taxicab cense also must be displayed in each business license for good cause, in- vehicle operating as a taxicab for the cluding, but not limited to, any of the business and may not be removed until following: the expiration of the license. (1) Violation of any of the provi- 11. Personal Nature; Transferability: The sions of this article; taxicab business license is personal to (2) Discontinuation of operations the business and may not be sold, as - for more than sixty (60) days; signed, mortgaged, or otherwise trans- (3) Violation of any ordinances of ferred. The taxicab business license ap- the city or laws of the United plies to all registered vehicles operating States or the state of Iowa or as taxicabs for the license holder. any other state that demon- 12. Property Of City Clerk Upon Loss Or strates the lack of fitness of the Closure: If any taxicab business license taxicab vehicle permit holder to issued under this article is lost or mis- offer public transportation; or laid or the taxicab business closes or (4) Misrepresentation on the appli- ceases operations, the license holder cation for a taxicab business li- must report such fact to the city clerk cense. immediately. Where a taxicab business b. Prior to the denial, suspension, or license is lost or mislaid, a duplicate li- revocation, the taxicab business li- cense will be issued upon payment of cense holder must be given not less the fee as established by the city man - than ten (10) days' written notice by ager. the city clerk. .... c. In the event of a denial, suspen- Section 2. This ordinance shall take effect sion, or revocation of a taxicab busi- upon publication. ness license, no other taxicab busi- Passed, approved, and adopted this 20th ness license may be issued to such day of June, 2023. person for a period of two (2) years Brad Cavanagh, Mayor thereafter. Attest: Adrienne Breitfelder, City Clerk 7. Appeal: Within ten (10) days after writ- ten notice of the revocation, suspen- 4. RAISE Infrastructure Planning Grant: sion, or denial of issuance of a taxicab Consultant Professional Services - Request for business license, an applicant or li- Proposals - Engineering Design and NEPA / cense holder may file with the city clerk Environmental Project Development: Motion a written notice of appeal to the city by Sprank to receive and file the documents manager from such revocation, suspen- and approve initiating the Request for Pro- sion, or denial. The city manager must posals (RFP) process for Professional Consult - provide the taxicab business with notice ant Services to complete the Engineering De - and an opportunity to be heard on the sign and NEPA / Environmental Study Phase Page 1071 of 2498 Book 153 Regular Session, June 20, 2023 256 to advance development for the Rebuilding America's Infrastructure with Sustainability and Equity (RAISE) Infrastructure Planning Grant for the project entitled "Building Bridges to Em- ployment and Equity (B=)". Seconded by Jones. City Manager Van Milligen stated that United States Secretary of Transportation Pete Buttigieg recently toured this project. Motion carried 7-0. 5. Old Highway Road Water Main Connec- tion Loop 2023 Award Resolution: Motion by Jones to receive and file the documents and adopt Resolution No. 205-23 Awarding Public Improvement Contract for the Old Highway Road Water Main Connection Loop Project 2023. Seconded by Wethal. Motion carried 7- 0. RESOLUTION NO. 205-23 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE OLD HIGHWAY ROAD WATER MAIN CONNECTION LOOP PRO- JECT 2023 Whereas, sealed proposals have been sub- mitted by contractors for the Old Highway Rd Water Main Connection Loop 2023, (the Pro- ject) pursuant to Resolution No. 155-23 and Notice to Bidders published on the City of Dubuque, Iowa website and plan room service with statewide circulation on the 17th day of May 2023; and Whereas, said sealed proposals were opened and read on the 13th day of June 2023 and it has been determined that Top Grade Ex- cavating of Farley, Iowa, in the base bid amount of $697,604.00, is the lowest respon- sive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That a Public Improvement Contract for the Old Highway Rd Water Main Connection Loop 2023, is hereby awarded to Top Grade Exca- vating 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 20th day of June, 2023. Brad Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 6. Reimagine Comiskey Park Project Rib- bon -Cutting & Celebration: Motion by Sprank to receive and file the documents. Seconded by Jones. Responding to a question from the City Council, Leisure Services Manager Marie Ware stated that the current mound of dirt on the property will be used for a multipurpose field that will be constructed in phase 2 of the project. City Council Members complimented the project. Motion carried 7-0. 7. Our Valued and Important Partnership with the Boys & Girls Club of Greater Dubuque: Motion by Jones to receive and file the docu- ments. Seconded by Resnick. City Council Members stated the importance of food distri- bution programs in the community. Motion car- ried 7-0. 8. Intent to Apply for USDA Forest Service Urban & Community Forest Program Grant: Motion by Roussell to receive and file the doc- uments and approve the application for the USDA Forest Service Urban and Community Forest Program Grant. Seconded by Sprank. Based on her affiliation with Dubuque Trees Forever, Council Member Roussell obtained prior confirmation from City Attorney Brumwell that she could vote on this item. Motion carried 7-0. 9. Contracted Services Agreements for Fis- cal Year 2024: Motion by Jones to receive and file the documents and approve the contracted services agreements with the Dubuque Area Labor -Management Council, Dubuque Dream Center, Dubuque Main Street, Fountain of Youth Program, Four Mounds Foundation to manage the Dubuque Winter Farmers Market, Greater Dubuque Development Corporation, and Travel Dubuque and authorize the mayor to execute the contracts on behalf of the City. Seconded by Farber. Council Member Wethal announced her intent to abstain from the vote due to her father serving as President and CEO of Greater Dubuque Development Corporation (GDDC). City Council Members asked City At- torney Brumwell if they could vote on the GDDC contract separately from the others, which City Attorney Brumwell verified was ac- ceptable. Motion amended by Jones to receive and file the documents and approve the con- tracted services agreement with GDDC and authorize the mayor to execute the contract on behalf of the City. Seconded by Farber. Motion carried 6-0 with abstention from Wethal. Motion by Jones to receive and file the doc- uments and approve the contracted services agreements with the Dubuque Area Labor - Management Council, Dubuque Dream Cen- ter, Dubuque Main Street, Fountain of Youth Program, Four Mounds Foundation to manage the Dubuque Winter Farmers Market, and Travel Dubuque and authorize the mayor to ex- ecute the contracts on behalf of the City. Se- conded by Farber. Motion carried 7-0. 10. Work Session Request: Dubuque Rac- ing Association/Schmitt Island Development Update: Motion by Jones to receive and file the documents and schedule the work session for Wednesday, June 28, 2023, at 6:00 p.m. Se- conded by Sprank. Motion carried 7-0. Page 1072 of 2498 Book 153 Special Session, June 26, 2023 257 11. Work Session Request: Historic Mill- work District Master Plan Update: Motion by Roussell to receive and file the documents and schedule the work session for Monday, July 31, 2023, at 5:30 p.m. Seconded by Wethal. Mo- tion carried 7-0. 12. Work Session Request: Project HOPE and Inclusive Dubuque Quarterly Updates: Mo- tion by Jones to receive and file the documents and schedule the work session for Monday, July 31, 2023, at 6:30 p.m. Seconded by Rous- sell. Motion carried 7-0. 13. ICMA Economic Mobility and Oppor- tunity Cohort Community Spotlight Video: Mo- tion by Roussell to receive and file the docu- ments and view the video. Seconded by Far- ber. Media Services showed an ICMA Eco- nomic Mobility and Opportunity Cohort Com- munity Spotlight video featuring Dubuque. The video can be viewed at the following link: https://www.youtube.com/watch?v=S4N40BIs 55U. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Sprank thanked the Public Information Office for their video on the Multi- cultural Family Center's (MFC) Pride Family Picnic and Block Party and encouraged people to view the video on the MFC's website. Council Member Farber reported on attend- ing the French Heritage Corridor conference and its opportunity to explore future sister city involvement. Council Member Wethal reported on tour- ing the Liberty Recovery Center. Mayor Cavanagh reported on attending dis- cussions at the White House with other Iowa communities regarding various grants. Mayor Cavanagh also reported on attending the Juneteenth event in Jackson Park. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 9:09 p.m. to discuss Pending Litigation and Purchase or Sale of Real Estate — Chapter 21.5(1)(c),Q) 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. Mo- tion carried 7-0. The City Council reconvened in open ses- sion at 10:23 p.m. stating that staff had been given proper direction. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 10:23 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDING SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 6:00 p.m. on June 26, 2023, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6t" Street, Dubuque, Iowa. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attor- ney Brumwell (attended virtually). 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 city support of economic develop- ment. WORK SESSION City Support of Economic Development City of Dubuque and Greater Dubuque De- velopment Corporation (GDDC) staff made a presentation on economic development incen- tives, housing incentives, city development as- sistance policies, and development practices. City Manager Van Milligen made introductory comments, and then presentations were made by the following individuals: Jill Connors, Eco- nomic Development Director; Rick Dickinson, President and CEO of GDDC; Crenna Brum- well, City Attorney; Wally Wernimont, Planning Services Manager; Shena Moon, Associate Planner; Nate Kieffer, Civil Engineer and Land Surveyor; Justine Hull, Traffic Engineer; Nate Steffen, Civil Engineer; Duane Ritcher, Traffic Engineer; Max O'Brien, Civil Engineer II; Brant Schueller, Water Distribution Supervisor; Kevin Esser, Fire Marshall; Michael Belmont, Assis- tant Housing Director and Building Code Offi- cial; Gus Psihoyos, City Engineer; Alexis Steger, Housing and Community Development Director; Chris Kohlmann, Information Ser- vices Manager; Gina Bell, Sustainable Com- munities Coordinator; Anderson Sainci, Direc- tor of the Office of Shared Prosperity and Neighborhood Support; and Bryan Moose, Data Analyst. The presenters responded to questions from the City Council following the presentations. City Manager Van Milligen out- lined the process for the developer's roundtable that will be facilitated by GDDC and will have certain meetings open to the public. City Manager Van Milligen stated that a devel- oper's roundtable report would be provided to the City Council every six months via a work session. City Council Members discuss Page 1073 of 2498 Book 153 Special Session, June 28, 2023 258 various proposals that could be beneficial to the city, such as a detailed a guide to the de- velopment process. City Council Members also expressed a willingness to continue the con- versation and encouraged residents to contact the City Council with input. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 10:15 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 6:00 p.m. on June 28, 2023, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6'h Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attor- ney 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 Schmitt Island Development. WORK SESSION Schmitt Island Development Alex Dixon, Dubuque Racing Association (DRA) President and CEO; Stacy Kansky, DRA Chief Commercial Officer; Kathy Buhr, DRA Di- rector of Strategic Philanthropy and Schmitt Is- land Development; Ryan Peterson of RDG Planning & Design; Mike Jansen of Strand As- sociates; and Chris Brewer of AECOM made a presentation on the Schmitt Island Develop- ment Update. The presenters responded to questions from the City Council following the presentation. Regarding next steps, Mr. Dixon stated that specific loan agreements concern- ing debt issuance will need City Council ap- proval and will be presented at a future City Council meeting. Mr. Dixon also stated that un- derstanding the City Council's priorities on the island's development will help the DRA priori- tize projects. Mr. Dixon further stated that the DRA needs the City Council's assistance in re- laying resident input on preferred projects for the island. City Manager Van Milligen high- lighted the City Council's recent history with Schmitt Island, stating that the City Council adopted the Chaplain Schmitt Island Master Plan in 2014. City Manager Van Milligen de- tailed how the various proposed projects on the island fulfill the city's goal of being an equitable community of choice. City Manager Van Milli- gen advised that the City Council should prior- itize Schmitt Island Development at their an- nual goal setting session in August and deter- mine the next steps over the following year. City Council Members discussed the need for the island to attract families and for residents to consider what projects they would like on the island and relay that input to City Council. City Council Members also encouraged developer Page 1074 of 2498 Book 153 Regular Session, July 5, 2023 259 to contact Mr. Dixon, City Manager Van Milli- gen, or Rick Dickinson, President and CEO of Greater Dubuque Development Corporation regarding potential development projects on the island. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 8:04 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on July 5, 2023, in the sec- ond -floor Council Chambers of the Historic Federal Building, 350 W. 6'h Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Roussell, Sprank, Wethal; City Manager Van Milligen (attended virtually), City Attorney Brumwell. Absent: Council Member Resnick. Mayor Cavanagh read the call and stated this is a regular session of the City Council called for the purpose of conducting such busi- ness that may properly come before the City Council. PLEDGE OF ALLEGIANCE CONSENT ITEMS Motion by Jones to receive and file the doc- uments, adopt the resolutions, and dispose of as indicated. Seconded by Farber. Motion car- ried 6-0. 1. Minutes and Reports Submitted: City Council Proceedings of 6/20/23; Civil Service Commission of 6/14/23; Historic Preservation Commission of 6/15/23; Housing Appeals and Mediation Board of 2/21/23; Long Range Plan- ning Advisory Commission of 6/21/23. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Robert Davis for property damage; Juan Lampe for property damage; Matthew Lynch for property damage; Brian Sanger for property damage; LaVonne Steffensmeier for vehicle damage. Upon mo- tion the documents were received, filed, and referred to the City Attorney. 3. Disposition of Claims: City Attorney ad- vised that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Robert Davis for property damage; David Hawkins for vehicle damage; Matthew Lynch for property damage; LaVonne Steffensmeier for vehicle damage. Upon motion the docu- ments were received, filed, and concurred. 4. Approval of City Expenditures: Upon mo- tion the documents were received and filed, and Resolution No. 206-23 Authorizing the Page 1075 of 2498 Book 153 Regular Session, July 5, 2023 260 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. 206-23 AUTHORIZING THE CHIEF FINANCIAL OF- FICER / CITY TREASURER TO MAKE CER- TAIN 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 gen- erally accepted internal control procedures and have been determined to have been requisi- tioned for a lawful municipal purpose; and Whereas, the Chief Financial Officer -City Treasurer has provided a list of Expenditures [provided] 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 Fi- nancial Officer -City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is [provided] 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 pay- ment 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 ac- cordance with approved budget appropria- tions. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Chief Fi- nancial Officer are hereby authorized and di- rected to provide the statement of receipts and disbursements to the City Council, and to pub- lish a summary thereof. Passed, approved, and adopted this 5th day of July, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Iowa Initiative for Sustainable Communi- ties (IISC) Resolution & Memorandum of Un- derstanding (MOU): City Manager recom- mended City Council adoption of a resolution authorizing a formal partnership with the Uni- versity of Iowa's Iowa Initiative for Sustainable Communities program in the 2023-2024 aca- demic year. Upon motion the documents were received and filed, and Resolution No. 207-23 Authorizing a partnership with the Iowa Initia- tive for Sustainable Communities, a program of the University of Iowa was adopted. RESOLUTION NO. 207-23 AUTHORIZING A PARTNERSHIP WITH THE IOWA INITIATIVE FOR SUSTAINABLE COM- MUNITIES, A PROGRAM OF THE UNIVER- SITY OF IOWA Whereas, the City of Dubuque continually aspires to improve quality of life for all resi- dents; and Whereas, mutually beneficial partnerships with public institutions advance the City of Dubuque's community goals; and Whereas, the Iowa Initiative for Sustainable Communities is a University of Iowa year -long engagement program built around community - based projects; and Whereas, the City of Dubuque submitted a Letter of Interest in becoming a community partner and was selected by the Iowa Initiative for Sustainable Communities for the 2023-24 academic year; and Whereas, the City of Dubuque can expect up to 15 project collaborations with University of Iowa students, faculty, and staff from a vari- ety of disciplines, as outlined in the IISC part- nership model, for which the City's total finan- cial contribution would be not more than $50,000; and Whereas, other local community -based or- ganizations can participate in the partnership and provide financial support. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dubuque au- thorizes a formal partnership with the Univer- sity of Iowa's Iowa Initiative for Sustainable Communities program in the 2023-2024 aca- demic year. Passed, approved, and adopted this 5th day of July, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. West 1st Street Sanitary Repair Project Reject Recommendation: Upon motion the documents were received and filed, and Reso- lution No. 208-23 Rejecting all competitive bid proposals for the W 1 sc Street Sanitary Repair Project was adopted. RESOLUTION NO. 208-23 REJECTING ALL COMPETITIVE BID PRO- POSALS FOR THE W 1ST STREET SANI- TARY REPAIR PROJECT Whereas, two (2) competitive sealed bid proposal was submitted by two (2) contractors Page 1076 of 2498 Book 153 Regular Session, July 5, 2023 261 for the W 151 Street Sanitary Repair Project (the Project) pursuant to Resolution No. 211-15 and Notice to Bidders published the City of Dubu- que Website www.citvofdubugue.org/bids, Master Builders of Iowa Plan Room mbi- planroom-dsm6d0bionIine.com and posted to the Master Builders Construction Update Net- work on the 61h day of June, 2023; and Whereas, the two (2) competitive sealed bid proposal were opened and read on the 22M day of June 2023; and Whereas, the City Council has deemed it advisable to reject the two (2) competitive sealed bid proposals for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The two (2) competitive sealed bid proposals for the W 1 st Street Sanitary Re- pair Project are hereby rejected. Section 2. The City Clerk is authorized and instructed to return the bid deposit of the un- successful bidders for the W 1 st Street Sanitary Repair Project. Passed, adopted, and approved this 5th day of July 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7. Royalwood Subdivision Water Main Loop - North Cascade Road Crossing Project: Acceptance of Public Improvement Construc- tion Contract: Upon motion the documents were received and filed, and Resolution No. 209-23 Accepting the Royalwood Subdivision Water Main Loop - North Cascade Road Crossing Project and authorizing the payment to the contractor was adopted. RESOLUTION NO. 209-23 ACCEPTING THE ROYALWOOD SUBDIVI- SION WATER MAIN LOOP - NORTH CAS- CADE ROAD CROSSING PROJECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the Royalwood Subdivision Water Main Loop - North Cascade Road Crossing Project (the Project) has been completed by the Con- tractor, 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 $25,010.12; and Whereas, the Contractor has previously been paid $23,023.37, leaving a balance of $1,986.75; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. 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 $1,986.75 as provided in Iowa Code chapter 573, and to pay such retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved, and adopted this 51h day of July 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 8. First Amendment to an Agreement with Kwik Trip, Inc. - Kwik Trip, Inc. Convenience Store/Gas Station at Intersection of Kerper Boulevard and Kerper Court: Upon motion the documents were received and filed, and Reso- lution No. 210-23 Approving the First Amend- ment to an Agreement between the City of Dubuque, Iowa and Kwik Trip, Inc. for con- struction of certain off -site public roadway im- provements at the intersection of Kerper Boule- vard and Kerper Court related to the proposed site improvements at said intersection was adopted. RESOLUTION NO. 210-23 APPROVING THE FIRST AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND KWIK TRIP, INC. FOR CONSTRUCTION OF CERTAIN OFF - SITE PUBLIC ROADWAY IMPROVEMENTS AT THE INTERSECTION OF KERPER BOULEVARD AND KERPER COURT RE- LATED TO THE PROPOSED SITE IM- PROVEMENTS AT SAID INTERSECTION Whereas, Kwik Trip, Inc. (KTI) has pro- posed a development project (the Project) at the intersection of Kerper Boulevard and Kerper Court; and Whereas, the City of Dubuque has deter- mined that the Project will require certain im- provements to the public right of way of Kerper Boulevard and Kerper Court and KTI agrees that such improvements are reasonable and necessary; and Whereas, pursuant to Resolution No. 387- 22 the City of Dubuque approved an Agree- ment with Kwik Trip, Inc. (KTI) for the construc- tion of off -site public roadway improvements at the intersection of Kerper Boulevard and Kerper Court related to the proposed private site improvements by KTI at the southwest quadrant of said intersection; and Whereas, the City of Dubuque and KTI de- sire to amend the original agreement to include changes in the intersection improvements con- figuration and associated right of way dedica- tion area; and Whereas, the City Council finds that it is in Page 1077 of 2498 Book 153 Regular Session, July 5, 2023 262 the best interest of the City of Dubuque to ap- prove the First Amendment to the Agreement [provided] hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The First Amendment to the Agreement [provided] hereto is hereby ap- proved. Section 2. The City Manager is authorized and directed to execute the First Amendment to the Agreement on behalf of the City of Dubu- que and to take such action as may be neces- sary to carry out the terms of the Agreement. Passed, approved, and adopted this 5'h day of July 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 9. Adoption of the 2023 Edition of the City Supplemental Specifications for the 2023 edi- tion of Iowa Statewide Urban Design and Spec- ifications (SUDAS) Program: Upon motion the documents were received and filed, and Reso- lution No. 211-23 Approving adoption of the 2023 Edition of City Supplemental Specifica- tions to the Iowa Statewide Urban Design and Specifications (SUDAS) Program's Specifica- tion Manual for Public Works Improvements was adopted. RESOLUTION NO. 211-23 APPROVING ADOPTION OF THE 2023 EDI- TION OF CITY SUPPLEMENTAL SPECIFI- CATIONS TO THE IOWA STATEWIDE UR- BAN DESIGN AND SPECIFICATIONS (SU- DAS) PROGRAM'S SPECIFICATION MAN- UAL FOR PUBLIC WORKS IMPROVE- MENTS Whereas, City Council Resolution 48-14 Adopted the Statewide Urban Design And Specifications Program (SUDAS) in 2014; and Whereas, the City of Dubuque Engineering Department developed supplemental specifi- cations in 2014 to modify and supplement the SUDAS program, specifically the Construction Specifications Manual for public improve- ments; and Whereas, the City of Dubuque supple- mental specifications are intended to be amended and updated, as necessary to coin- cide with the current edition of the SUDAS pro- gram's specification manual for public improve- ments; and Whereas, the City of Dubuque Engineering Department has reviewed the 2023 edition of the SUDAS program's specification manual and prepared updated Supplemental Specifi- cations to coincide with the 2023 SUDAS pro- gram's specification manual for public improve- ments; and Whereas, the City Council finds that it is in the City's best interest to adopt and implement the City's 2023 Supplemental Specification to coincide with the 2023 edition of the SUDAS program's specification manual for public works improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City's 2023 Supple- mental Specification is adopted as an accepted form of contract for all public works improve- ments in the City of Dubuque. Section 2. That the City Manager is author- ized to take such actions as are necessary to implement the City's 2023 Supplemental Spec- ification to coincide with the 2023 edition of the SUDAS program. Passed, approved, and adopted this 5ch day of July 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 10. CC15, LLC (Joel Callahan) Property Right of Way Plat and Dedication — Future Im- provements at the Intersection of Bies Drive, Sylvan Drive and Century Drive: Upon motion the documents were received and filed, and Resolution No. 212-23 Approving the Acquisi- tion Plat of Lot 1A of Roger F. and Kathleen A. Klauer Family Place, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 212-23 APPROVING THE ACQUISITION PLAT OF LOT 1A OF ROGER F. AND KATHLEEN A. KLAUER FAMILY PLACE, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, an Acquisition Plat dated January 3, 2023 pre- pared by The City of Dubuque Engineering De- partment describing Lot 1A of Roger F. and Kathleen A. Klauer Place, in the City of Dubu- que, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto; and Whereas, upon said plat appears Lot 1A, which CC15, LLC, by said plat have 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 January 3, 2023 prepared by The City of Dubuque Engi- neering 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 1A of Roger F. and Kathleen A. Klauer Place, in the City of Dubuque, Iowa, for Right of Way for street and utility purposes, as it appears on Page 1078 of 2498 Book 153 Regular Session, July 5, 2023 263 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 5ch day of July 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 11. Improvement Contracts / Performance, Payment, and Maintenance Bonds: Ostrom Painting & Sandblasting, Inc. for the 2023 Pavement Marking Project; Temperly Excavat- ing, Inc. for the Foothill Ct. Drain Tile Project - 2023; Valentine Construction Co., LLC for the 2023 Asphalt Overlay Ramp Project Four. Upon motion the documents were received, filed, and approved. 12. Grass and Weed Cutting and Garbage Collection Assessments: Upon motion the doc- uments were received and filed, and Resolu- tion No. 213-23 Authorizing the city to collect delinquent grass and weed cutting and gar- bage collection charges in accordance with Ti- tle 6-4-3A and Title 6-8-2 of the Code of Ordi- nances of the City of Dubuque, Iowa was adopted. RESOLUTION NO. 213-23 AUTHORIZING THE CITY TO COLLECT DE- LINQUENT GRASS AND WEED CUTTING AND GARBAGE COLLECTION CHARGES IN ACCORDANCE WITH TITLE 6-4-3A and TITLE 6-8-2 OF THE CODE OF ORDI- NANCES OF THE CITY OF DUBUQUE, IOWA Whereas, residential properties in the City of Dubuque are considered substandard if any conditions exist to an extent that endanger life, limb, health, property, safety, or welfare of the public or the occupants thereof; and Whereas, whenever in the judgment of the Housing Officer, a nuisance that is "palpably and indisputably such" exists which requires immediate action to protect the public health, safety or welfare of the public, the Housing Of- ficer may order the emergency abatement of such; and Whereas, delinquent grass and weed cut- ting and garbage collection charges shall be certified by the City Clerk to the Dubuque County Treasurer for collection with, and in the same manner as general property taxes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the persons listed on the at- tached Grass/Weed/Garbage Assessment Schedule are delinquent in the payment of grass and weed cutting and garbage collection charges. Section 2. That the City Clerk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named on the attached Grass/Weed/Garbage Assessment Schedule are delinquent in the payment of grass and weed cutting and garbage collection charges in the amount set aside of the respective names, and that said amounts shall be collected in the same manner as general property taxes against the respective parcels of property set opposite the names of the owners. Passed, approved, and adopted this 5'h day of July, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk Location; Legal Description; Owner; Parcel #; Amount; Category 556 Clarke; Lots 1-3, 2-3 & 4 all in Buettell's Sub; Nottingham Properties LLC, 2115 John F Kennedy Rd Dubuque IA 52002; 1024155052; $112.68; Garbage 1783 Heeb; Lot 2-7 of City Lot 675; Roylline Rentals LLC, 1638 Iowa St Apt 1 Dubuque IA 52001; 1024260007; $325.16; Garbage 705 Rhomberg; SW 1/2 Lot 37 Cooks Add; Nottingham Properties LLC, 2115 John F Ken- nedy Rd Dubuque IA 52002; 1013484017; $83.84; Garbage 520 W Locust; Lot 4 Quigleys Sub of 710; Mid America Property Management LLC, PO Box 1572 Dubuque IA 52004; 1024178002; $83.84; Garbage 623 Arlington; Lot 1-801 & 2-801 A McDan- iels Sub; Vault Ventures LLC, 5639 Irina Ct As- bury IA 52002; 1024377028; $83.84; Garbage 1590 Locust; S 1/2 of N 1/5 of City Lot 474 & N 3' of NM 1/5 of City Lot 474; Mid -America Property Management LLC PO Box 1572 Dubuque IA 52004-1572; 1024336002; $83.84; Garbage 618 E 22"d; SW 40' Lot 2-2 Min Lot 467; Mid -America Property Management LLC, PO Box 1572 Dubuque IA 52004-1572; 1013464002; $179.02; Garbage 743 University; Lot 7 of City Lot 738; Mid - America Property Management LLC, PO Box 1572 Dubuque IA 52004-1572; 1025104017; $179.02; Garbage 425 Hill; Lot 29 Deming & Horrs Sub; Ap- gar, Griffith D & Kimberly S, 425 Hill St Dubu- que IA 52001; 1025176018; $179.02; Garbage 396 Klingenberg; Lots 1, 2-2, 2-3, 2-3A, In C A Voelker Add; Healz 187 Rentals LLC, 2435 Coates St Dubuque IA 52003; 1024133012; $112.68; Garbage 1497 Jackson; N 35' of N 1/5 of City Lot 494; Mid -America Property Management LLC, PO Box 1572 Dubuque IA 52004-1572; 1024409006; $132.68; Garbage Page 1079 of 2498 Book 153 Regular Session, July 5, 2023 264 423 Loras; Lot 2-3 of City Lot 667; Mid - America Property Management LLC, PO Box 1572 Dubuque IA 52004-1572; 1024338013; $260.36; Garbage 2122 Foye; Lot 2-9 Buettels Sub; Fortin Real Estate LLC, 16728 Budd Rd Dubuque IA 52002; 1024155008; $68.84; Garbage 568 W Locust; Lot 11 Quigleys Sub of 710; Mid -America Property Management LLC, PO Box 1572 Dubuque IA 52004-1572; 1024159009; $214.02; Garbage 2506 Broadway; Lot 1-1-16- John King's Dubuque; Mid -America Property Management LLC PO Box 1572 Dubuque IA 52004-1572; 1013377014; $239.18; Garbage 37 W 15th; W 28'-S 88.4'-E 1/2-S 2/5 of City Lot 454; Skeleton Closet LLC, 1175 Bluff St Ste 2 Dubuque IA 52001; 1024403008; $720.32; Garbage 1428 Iowa; S 26.38' of SM 1/5 & N 8.2' of N 267' of S 1/5 City Lots 455; River Walk Prop- erties LLC PMB 311 Dubuque IA 52002; 1024407004; $204.02; Garbage 1392 Main; N 60'4" N 2/5 of City Lot 464; Skeleton Closet LLC, 1175 Bluff St Ste 2 Dubu- que IA 52001; 1024411001; $326.86; Garbage 520 W Locust; Lot 4 Quigleys Sub of 710; Mid America Property Management LLC, PO Box 1572 Dubuque IA 52004; 1024178002; $197.52; Garbage 605 Rhomberg; Lot 2 Ten Pin Tap Place; Mid America Property Management LLC, PO Box 1572 Dubuque IA 52004; 1024226008; $93.25; Garbage 1693 Washington; Lot 1-86 East Dubuque Add; Mcdermott Enterprises LLC, 333 E 10th St, Apt 330 Dubuque IA 52001; 1024268011; $245.36; Garbage 2101 Kniest; Lot 2-3-1-10 Kniest's Sub; Mid -America Property Management LLC, PO Box 1572 Dubuque IA 52004-1572; 1024211016; $176.52; Garbage 35 W 15th; E 22'-S 88.4'-E 1/2-S 2/5 of City Lot 454; Mansa Property Group LLC, 917 North Harvey Ave Oak Park IL 60302; 1024403009; $304.20; Garbage 2286 Central; W 1 /2-S 1/2-Lot 18 & W 1 /2- N 1/4-Lot 16P L H Langworthy's Add; Hanen, Shawn C & Christina M 179 S Winter Quarters Road Pampa TX 79065-2301; 1024130003; $1,413.66; Garbage 640 Alta Vista; Lots 38, 2-39, & 2-36 Oxford Hgts; Engelken, Thomas A., 2022 Camelot Dr Allen TX 75013; 1025107013; $122.68; Gar- bage 718 Rhomberg; Ne 49.86' of Lot 17 Cooks Add; Mcdermott Enterprises LLC, 333 E loth St, Apt 330 Dubuque IA 52001; 1013485004; $220.36; Garbage 37 W 15th; W 28'-S 88.4'-E 1/2-S 2/5 of City Lot 454; Skeleton Closet LLC, 1175 Bluff St Ste 2 Dubuque IA 52001; 1024403008; $122.68; Garbage 2205 Eagle; Lot 1-2-43 Althauser Sub; Mid - America Property Management LLC, PO Box 1572 Dubuque IA 52004-1572; 1013436008; $122.68; Garbage 1613 Washington; Lot 1-N 33'3" of Lot 82 East Dubuque Add; Mid -America Property Management LLC PO Box 1572 Dubuque IA 52004-1572; 1024268019; $191.52; Garbage 1428 Iowa; S 26.38' of SM 1/5 & N 8.2' of N 267' of S 1/5 City Lots 455; River Walk Prop- erties LLC PMB 311 Dubuque IA 52002; 1024407004; $563.80; Garbage 37 W 15th; W 28'-S 88.4'-E 1/2-S 2/5 of City Lot 454; Skeleton Closet LLC, 1175 Bluff St Ste 2 Dubuque IA 52001; 1024403008; $189.02; Garbage 2506 Broadway; Lot 1-1-16- John King's Dubuque; Mid -America Property Management LLC PO Box 1572 Dubuque IA 52004-1572; 1013377014; $189.02; Garbage 1209 Garfield; SW 24.3' of Lot 3 Jungk's Dubuque; Severson, Milton C & Rosemary, 1211 Garfield Ave Dubuque IA 52001; 1118311017; $91.34; Garbage 632 W 8th; Lot 25 Rogers Sub; Budde, Lance A 7697 N Indian Rdg East Dubuque IL 61025; 1025133009; $316.52; Garbage 1613 Washington; Lot 1-N 3TY of Lot 82 East Dubuque Add; Mid -America Property Management LLC PO Box 1572 Dubuque IA 52004-1572; 1024268019; $122.68; Garbage 2201 Washington; Lot 2-S 43'-Lot 83 L H Langworthy's Add; Mid -America Property Man- agement LLC PO Box 1572 Dubuque IA 52004-1572; 1024203017; $210.38; Garbage 1344 Jackson; S 1/2 Lot 54 & N 1/2 Lot 55 Both In East Dubuque Add; N & G Properties LLC 2459 Spring Rose Rd Verona Wi 53593; 1024430006; $210.38; Garbage 520 W Locust; Lot 4 Quigleys Sub of 710; Mid America Property Management LLC, PO Box 1572 Dubuque IA 52004; 1024178002; $54.42; Garbage 460 Loras; Lot 2-5 & The E 1/2 Lot 6 A L Browns Sub; Volgarino Rental LLC, 3817 Ta- hoe Ln, Se Cedar Rapids IA 52403; 1024340007; $93.84; Garbage 1876 Central; N 26'5" - N 2/5 of City Lot 436; MZH Properties LLC, PO Box 1293 Dubu- que IA 52004; 1024256001; $93.84; Garbage 921 Garfield; SW 1/2 of Lot 5 Hooper's Add; Rooney, Samantha N, 921 Garfield Ave Dubu- que IA 52001; 1118353011; $163.75; Garbage 782 Glen Oak; Lot 2-27 & Lot 2-28 S M Langworthys Add; Casper, J Robert & Zoe Ann Or Their Successors Trustees 1005 Lincoln Ave #321, Dubuque IA 52001; 1026236002; $91.34; Garbage 807 Garfield; Lot 2 Dreibelbis Add; JK In- vestments LLC 9120 Long Tail Ln, Dubuque IA 52003; 1013481018; $78.84; Garbage 1590 N Grandview; Lot 60 Woodlawn Park; Tk Properties LLC 9517 Rt 52 S, Dubuque IA Page 1080 of 2498 Book 153 Regular Session, July 5, 2023 265 52003; 1023459001; $78.84; Garbage 960 Wilson; Lot 1-3 Cains Sub; Pingman LLC 3364 Hibiscus Ln, Dubuque IA 52001; 1025104007; $130.68; Garbage 618 E 22"d; SW 40' Lot 2-2 Min Lot 467; Mid -America Property Management LLC, PO Box 1572 Dubuque IA 52004-1572; 1013464002; $122.68; Garbage 556 Clarke; Lots 1-3, 2-3 & 4 all in Buettell's Sub; Nottingham Properties LLC, 2115 John F Kennedy Rd Dubuque IA 52002; 1024155052; $112.68; Garbage 1918 Ellis; W 130' of Lot 46 Cox's Add; Mid - America Property Management LLC, PO Box 1572 Dubuque IA 52004-1572; 1024180010; $275.36; Garbage 1497 Jackson; N 35' of N 1/5 of City Lot 494; Mid -America Property Management LLC, PO Box 1572 Dubuque IA 52004-1572; 1024409006; $132.68; Garbage 2214 Jackson; Lot 1-57 L H Langworthy's Add; Blake, Thomas J & Martha J., 115 Skyline Dr Guttenberg IA 52052; 1024203007; $135.18; Garbage 209 E 22"d; W 33'-W 65'-Lot 84 L H Lang- worhty's Add; Mid -America Property Manage- ment LLC PO Box 1572 Dubuque IA 52004- 1572; 1024203021; $155.18 ; Garbage 1428 Iowa; S 26.38' of Sm 1/5 & N 8.2' of N 267' of S 1/5 City Lots 455; River Walk Prop- erties LLC PMB 311 Dubuque IA 52002; 1024407004; $284.86; Garbage 1852 White; N 1/2-M 1/5 City Lot 487; Mid - America Property Management LLC, PO Box 1572 Dubuque IA 52004-1572; 1024257004; $166.52; Garbage 1405 Mt Pleasant; E 110' of Lot 1 Oakland Park; Vandelay Property Management LLC, 14053 Kathleen Ct Dubuque IA 52003; 1023461030; $125.18; Garbage 13. 2095 University Avenue Settlement Agreement: Upon motion the documents were received and filed, and Resolution No. 214-23 Approving a Settlement Agreement between the City of Dubuque, Iowa, and Metropolitan Life Insurance Company was adopted. RESOLUTION NO. 214-23 APPROVING A SETTLEMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND METROPOLITAN LIFE INSURANCE COMPANY Whereas, the City of Dubuque filed a peti- tion for title to abandoned property for 2095 University Avenue, owned by Dorothy Culbert- son; and Whereas, Dorothy Culbertson is deceased; and Whereas, Dorothy Culbertson executed a mortgage on the property with the last assign- ment of mortgage to Metropolitan Life Insur- ance Company; and Whereas, the mortgage has been fore- closed; and Whereas, in consideration of the agree- ments set forth in the Settlement Agreement, Metropolitan Life Insurance Company provides its written consent to a dispositive judgment in the litigation action, allowing the City to acquire title to the property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The Settlement Agreement [pro- vided] hereto is hereby approved. Section 2. The City Manager is hereby au- thorized and directed to sign the Settlement Agreement on behalf of the City of Dubuque and perform the obligations of the City under the Agreement. Passed, approved, and adopted this 5"' day of July, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 14. Establishing the Compensation for the City Clerk: Upon motion the documents were received and filed, and Resolution No. 215-23 Establishing the compensation for the City Clerk was adopted. RESOLUTION NO. 215-23 ESTABLISHING THE COMPENSATION FOR THE CITY CLERK Whereas, the City Council appoints the City Clerk; and Whereas, the City Council from time to time establishes the compensation for the City Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Section 1. The salary of the City Clerk is hereby established effective July 1, 2023 at $93,028.18. Section 2. The salary of the City Clerk shall also be adjusted July 1st of each succeeding year, by the same percentage as for all other non -bargaining unit employees. Section 3. The City Clerk shall be entitled to all of the benefits provided to full-time non - bargaining unit employees. Section 4. The City Clerk shall be entitled to a car allowance equal to 50% of the car al- lowance provided to the City Manager. Passed, approved, and adopted this 51h day July, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 15. Retail Permit Approval for Tobacco, To- bacco Products, Alternative Nicotine Products, and Vapor Products: Upon motion the docu- ments were received and filed, and Resolution No. 216-23 Approving applications for retail Page 1081 of 2498 Book 153 Regular Session, July 5, 2023 266 permits to sell Tobacco, Tobacco Products, Al- ternative Nicotine Products, and Vapor Prod- ucts, as required by Iowa Code §453A.47A was adopted. RESOLUTION NO. 216-23 APPROVING APPLICATIONS FOR RETAIL PERMITS TO SELL TOBACCO, TOBACCO PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS, AND VAPOR PRODUCTS, AS REQUIRED BY IOWA CODE §453A.47A Whereas, applications for retail permits to sell tobacco, tobacco products, alternative nic- otine products, vapor products, or a combina- tion of these products have been submitted and filed with the City Clerk; and Whereas, the applicants have filed the proper application and fees as required by Iowa Code §453A.47A; and Whereas, the Iowa Department of Revenue requires all applications be approved by the City Council; and Whereas, all retail permits to sell tobacco, tobacco products, alternative nicotine prod- ucts, and vapor products shall expire on June 30 of each year, as established in Iowa Code §453A.47A(7). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Clerk is hereby author- ized and directed to cause to be issued the fol- lowing named applicants and locations for re- tail permits to sell one or more of the following as specified on the retail permit applications: tobacco, tobacco products, alternative nicotine products, and vapor products. Effective from: July 5, 2023 at 7:30 p.m. to June 30, 2024 at midnight Business Name, Business Address Fuel Express Food Mart, 250 West 1st Street The Sage Room, 30 Main St. Passed, approved, and adopted this 5th day of July 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Roussell to receive and file the documents, adopt the resolutions, and set the public hearings as indicated. Seconded by Sprank. Motion carried 6-0. Resolution Setting a Public Hearing on a Proposed Development Agreement by and be- tween the City of Dubuque, Iowa and 799 Main, LLC Providing for the Issuance of Urban Re- newal Tax Increment Revenue Grant Obliga- tions Pursuant to the Development Agreement: Upon motion the documents were received and filed and Resolution No. 217-23 Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on a Development Agreement by and between the City of Dubu- que, Iowa and 799 Main, LLC, including the proposed issuance of Urban Renewal Tax In- crement Revenue Obligations 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 July 17, 2023 in the Historic Federal Building. RESOLUTION NO. 217-23 FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND 799 MAIN, LLC, INCLUDING THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS RELATING THERETO AND PROVIDING FOR THE PUB- LICATION OF NOTICE THEREOF Whereas, City and 799 Main, LLC have en- tered into a Development Agreement, subject to the approval of the City Council, a copy of which is now on file at the Office of the City Clerk, City Hall, 50 W. 13th Street, Dubuque, Iowa for the development of property located at 799 Main Street; and Whereas, the City Council has tentatively determined that it would be in the best interests of the City to approve the Development Agree- ment, with 799 Main, LLC; and Whereas, it is deemed necessary and ad- visable that City should authorize Urban Re- newal 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 pro- posal and of the time and place of the meeting at which the City Council proposes to take ac- tion thereon and at which meeting the City Council shall receive oral and/or written objec- tions 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 author- ized and directed to cause a notice to be pub- lished as prescribed by Iowa Code Section 403.9 of a public hearing on the City's intent to authorize Urban Renewal Tax Increment Rev- enue obligations, to be held on the 17th day of July, 2023, at 6:30 o'clock p.m. The official agenda will be posted on Friday, July 14, 2023 and will contain listening, viewing, and public input options. The City Council agenda can be accessed at https://citvofdubugue.novu- sagenda.com/AgendaPublic/ or by contacting the City Clerk's Office at 563-589-4100, ctyclerk@cityofdubuque.org. Page 1082 of 2498 Book 153 Regular Session, July 5, 2023 267 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 execution of the Development Agreement re- lating thereto with 799 Main, LLC, the proceeds of which obligations will be used to carry out certain of the special financing activities de- scribed in the Urban Renewal Plan for the Greater Downtown Urban Renewal District, consisting of the funding of economic develop- ments grants to 799 Main, LLC pursuant to the Development Agreement. It is expected that the aggregate amount of the Tax Increment Revenue obligations to be issued will be ap- proximately $2,382,640. Section 3. The Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a newspaper, printed wholly in the English language, published at least once weekly, and having general circula- tion in said City, said publication to be not less than four days nor more than twenty days be- fore 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 [provided] hereto. Passed, approved, and adopted this 5th day of July, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. John F. Kennedy Road and West 32nd Street Intersection Improvement Project: Upon motion the documents were received and filed and Resolution No. 218-23 John F. Kennedy Road and W. 32nd Street Intersection Improve- ment Project: preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 17, 2023 in the Historic Federal Building. RESOLUTION NO. 218-23 JOHN F. KENNEDY ROAD AND W. 32ND STREET INTERSECTION IMPROVEMENT PROJECT - PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The proposed plans, specifica- tions, form of contract and estimated cost for the John F. Kennedy Road and W. 32nd Street Intersection Improvement Project, in the esti- mated amount $537,537.15, 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 17th day of July 2023, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa, at which time interested persons may ap- pear 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 [provided] 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 objec- tions to the proposed plans, specifications, form of contract, or estimated cost of the Pro- ject. Passed, approved, and adopted this 5th day of July 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk BOARDS/COMMISSIONS Applications were reviewed for the follow- ing Boards and Commissions. Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. Transit Advisory Board: One, 3-Year Term through July 30, 2026 (Expiring Term of Or- woll). Applicant: Greg Orwoll, 2635 West 32nd St. Mr. Orwoll spoke in support of his applica- tion and provided a brief biography. PUBLIC HEARINGS Resolution of Adoption for the proposed Switch Homes Housing Urban Renewal Area: Motion by Jones to receive and file the docu- ments and adopt Resolution No. 219-23 Ap- proving the Urban Renewal Plan for the Switch Homes Housing Urban Renewal Area. Se- conded by Sprank. Responding to questions from the City Council, Economic Development Director Jill Connors stated that the develop- ment agreement with Switch Homes previously approved by the City Council provides for in- centives created through the urban renewal area. Ms. Connors further stated that the incre- ment is collected as the development pro- gresses, with 38.1 % of the increment allocated to programming and capital projects that bene- fit low to moderate income households in the city. The remaining funds are available to reim- burse for eligible costs for the development. Ms. Connors clarified a typo in her memo, stat- ing that infrastructure improvements are not Page 1083 of 2498 Book 153 Regular Session, July 5, 2023 268 limited to the examples listed in the memo. City Attorney Brumwell stated that the amount of property taxes collected by the city and other taxing bodies remains unchanged during the timeframe of the development. The city cap- tures the increase in property taxes generated during the timeframe of the development. At the end of the 10-year Tax Increment Financ- ing (TIF) period, all revenue is distributed to all the taxing bodies. City Manager Van Milligen stated that the Dubuque Community School District supports urban renewal areas because of their enrollment increases resulting from any students who will reside in the newly created residential areas. All new residents will also support the local economy. Motion carried 6-0. RESOLUTION NO. 219-23 APPROVING THE URBAN RENEWAL PLAN FOR THE SWITCH HOMES HOUSING UR- BAN RENEWAL AREA Whereas, by Resolution 177-23 on June 5, 2023, the City Council of the City of Dubuque, Iowa authorized the preparation of an Urban Renewal Plan (the "Plan") for the Switch Homes Housing Urban Renewal Area (the "Area"); and Whereas, the City of Dubuque's primary objective for the Plan is to provide public im- provements related to housing and residential development and provide housing opportuni- ties, including assistance for low and moderate income family housing, which will further eco- nomic development purposes and objectives as described in the Plan in the Area; and Whereas, a consultation process has been undertaken with affected taxing entities in ac- cordance with Chapter 403 of the Code of Iowa with no written objections or recommended changes to the Amended and Restated Plan received; and Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public hearing on the proposed Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Urban Renewal Plan for the Switch Homes Housing Urban Renewal Area, on file in the City Clerk's Office and made reference to herein, is hereby approved. Section 2. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and di- rected to file a certified copy of this Resolution in the office of the Dubuque County Auditor. Passed, approved, and adopted this 5th day of July, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Voluntary Annexation Request - City of Dubuque Engineering Department (applicant) and the Iowa Department of Transportation (property owner): Motion by Roussell to receive and file the documents and adopt Resolution No. 220-23 Approving an application for volun- tary annexation of territory to the City of Dubu- que, Iowa. Seconded by Wethal. Motion car- ried 6-0. RESOLUTION NO. 220-23 APPROVING AN APPLICATION FOR VOL- UNTARY ANNEXATION OF TERRITORY TO THE CITY OF DUBUQUE, IOWA Whereas, the City Council of Dubuque has received a written application from the City of Dubuque Engineering Department (applicant) and the Iowa Department of Transportation (property owner) for the voluntary annexation of 4.56 acres of property. The property is com- prised of public right-of-way along Westside Drive and land to the south of Westside Drive and east of Westside Court as shown on Ex- hibit A and legally described as: All of Lot 2 of Weber Acres In Dubuque County, Iowa, As Originally Platted and shown on The Final Plat of Weber Acres, Dubuque County, Iowa, Per In- strument Number 11187-00 in the Dubuque County Recorder's Office, dated August 2, 2000, Containing 4.56 Acres, which includes 1.34 Acres of Ex- isting Public Road Right of Way. The intent of this description is to include all of said Lot 2 of Weber Acres As Orig- inally Platted, Including that part of said Lot 2 of Weber Acres included in the Condemnation Document per Instru- ment Number 18684-01 in the Dubuque County Recorder's Office. Whereas, the annexation territory is not subject to an existing annexation moratorium agreement and does not include any railroad property; and Whereas, Chapter 368 of the Code of Iowa authorizes this annexation by adoption of a res- olution and required notification; and Whereas, Chapter 368.5 allows territory owned by the state of Iowa to be annexed pro- vided the attorney general is served with notice of the hearing and copy of the proposal; and Whereas, the City of Dubuque has pro- vided notice of the hearing and copy of the pro- posal to the attorney general; and Whereas, the annexation territory is con- sistent with the City's Comprehensive Plan; and Whereas, the future growth and develop- ment of the City of Dubuque, Iowa makes it de- sirable that the annexation territory be made part of the City of Dubuque, Iowa; and Whereas, the City of Dubuque has the ca- pacity to provide substantial municipal services Page 1084 of 2498 Book 153 Regular Session, July 5, 2023 269 to the annexation territory; and Whereas, the annexation is in the public in- terest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the application for the vol- untary annexation of property by the City of Dubuque Engineering Department (applicant) and the Iowa Department of Transportation (property owner) consisting of 4.56 acres as shown on Exhibit A is hereby approved for an- nexation to the City of Dubuque. Section 2. That, subject to the approval of the City Development Board, the corporate lim- its of the City of Dubuque be and they hereby are extended to include the approximately 4.56 acres of annexation territory as shown on Ex- hibit A Annexation Map and Exhibit C Annexa- tion Legal Description. Section 3. That the City Council does hereby certify that the City of Dubuque has complied with the notice and hearing require- ments of the Iowa Code pertaining to 100% vol- untary annexation of territory within the urban- ized area of another city. Section 4. That if the City Development Board approves this annexation, the territory hereby annexed shall become a part of Ward One of the City of Dubuque. Section 5. That the City Clerk shall file this resolution, all exhibits, and the applications for voluntary annexation with the City Develop- ment Board of the State of Iowa in accordance with the provisions of Chapter 368 of the Iowa Code. Passed, approved, and adopted this 5ch day of July 2023. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 3. Weber Acres Rezoning Request: Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Farber. Planning Services Manager Wally Wer- nimont provided a staff report. Motion carried 6-0. Motion by Jones for final consideration and passage of Ordinance No. 32-23 Amending Ti- tle 16 of the City of Dubuque Code of Ordi- nances, Unified Development Code, by reclas- sifying hereinafter described parcel of land lo- cated along Westside Drive from County M-2 Heavy Industrial to City CS Commercial Ser- vice and Wholesale concurrently with annexa- tion into the City of Dubuque. Seconded by Farber. Motion carried 6-0. ORDINANCE NO. 32-23 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLAS- SIFYING HEREINAFTER DESCRIBED PAR- CEL OF LAND LOCATED ALONG WESTSIDE DRIVE FROM COUNTY M-2 HEAVY INDUSTRIAL TO CITY CS COMMER- CIAL SERVICE AND WHOLESALE COW CURRENTLY WITH ANNEXATION INTO THE CITY OF DUBUQUE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubu- que Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafter described property from County M- 2 Heavy Industrial to City CS Commercial Ser- vice and Wholesale to wit: All of Lot 2 of Weber Acres in Dubuque County, Iowa, as Originally Platted and Shown on the Final Plat of Weber Acres, Dubuque County, Iowa, Per In- strument Number 11187-00 in the Dubuque County Recorder's Office, Dated August 2, 2000, Containing 4.56 Acres, Which Includes 1.34 Acres of Existing Public Road Right of Way. The intent of this description is to include all of said Lot 2 of Weber Acres as orig- inally platted, including that part of said Lot 2 of Weber Acres included in The Condemnation Document Per Instru- ment Number 18684-01 in the Dubuque County Recorder's Office. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved, and adopted this 5ch day of July 2023. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 11th day of July, 2023. /s/Adrienne N. Breitfelder, City Clerk PUBLIC INPUT Clark Schloz, 2925 Burlington St., provided input in favor of automated speed cameras. ACTION ITEMS 1. Update on Water & Resource Recovery Center Odor Abatement Efforts: Motion by Far- ber to receive and file the documents. Se- conded by Jones. Responding to a question from the City Council regarding the estimated Page 1085 of 2498 Book 153 Regular Session, July 5, 2023 270 timeframe to execute the process outlined in Water and Resource Recovery Center (W&RRC) Manager William O'Brien's memo, City Manager Van Milligen stated that Mr. O'Brien was unable to attend the City Council meeting and that a written response will be pro- vided to the City Council. City Council Mem- bers thanked city staff for their efforts on odor abatement. Motion carried 6-0. 2. Tax Increment Ordinance for the Switch Homes Housing Urban Renewal Area: Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Wethal. Motion carried 6-0. Motion by Jones for final consideration and passage of Ordinance No. 33-23 Providing that general property taxes levied and collected each year on all property located within the Switch Homes Housing Urban Renewal Area, in the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, includ- ing bonds issued or to be issued, incurred by said city in connection with said Switch Homes Housing Urban Renewal Area. Seconded by Wethal. Motion carried 6-0. ORDINANCE NO. 33-23 PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE SWITCH HOMES HOUSING URBAN RENEWAL AREA, IN THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF DUBUQUE, COUNTY OF DUBUQUE, DUBUQUE COM- MUNITY SCHOOL DISTRICT AND OTHER TAXING DISTRICTS, BE PAID TO A SPE- CIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES AD- VANCED TO AND INDEBTEDNESS, IN- CLUDING BONDS ISSUED OR TO BE IS- SUED, INCURRED BY SAID CITY IN CON- NECTION WITH SAID SWITCH HOMES HOUSING URBAN RENEWAL AREA Whereas, the City Council of the City of Dubuque, Iowa, after public notice and hearing as prescribed by law and pursuant to Resolu- tion No. 219-23 passed and approved on the 5th day of July, 2023, adopted an Urban Re- newal Plan (the "Urban Renewal Plan") for an urban renewal area known as the Switch Homes Housing Urban Renewal Area (the "Ur- ban Renewal Area"); and Whereas, expenditures and indebtedness are anticipated to be incurred by the City of Dubuque, Iowa in the future to finance urban renewal project activities carried out in further- ance of the objectives of the Urban Renewal Plan and the future needs for redevelopment within the Urban Renewal Area are such as to require the application of the incremental tax resources of the Urban Renewal Area; and Whereas, the City Council of the City of Dubuque, Iowa desires to provide for the divi- sion of revenue from taxation in the Urban Re- newal Area, as above described, in accord- ance with the provisions of Section 403.19 of the Code of Iowa, as amended, and the Urban Renewal Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. For purposes of this Ordinance, the following terms have the following mean- ings: (a) Project Area shall include that area de- scribed as follows: Being a part of Lot 2 of Dondelinger Place as recorded in Book 1991, Page 11917 of the Dubuque County Recorder's Of- fice and part of Mozena Farm South as recorded in Book 2005, Page 17498 of the Dubuque County Recorder's Office, in the City of Dubuque, Dubuque County, Iowa described as: Beginning at the Northwest Corner of said Lot 2; thence N72°27'42"E, 2,194.85 ft.; thence N56°07'31"E, 396.82 ft.; thence S33°52'29"E, 394.69 ft.; thence S50°29'15"E, 130.26; thence N89°40'48"E, 130.97 ft.; thence N77°22'37"E, 173.84 ft.; thence S02°16'36"E, 415.43 ft.; thence S90°00'00"W, 268.87 ft.; thence N58°02'17"W, 166.25 ft.; thence S18°08'06"W, 109.49 ft.; thence S34°21'32"E, 246.96 ft.; thence S27°57'58"E, 125.44 ft.; thence N63°50'06"E, 9.82 ft.; thence S08°12'40"W, 197.54 ft.; thence S30°22'45"E, 321.69 ft.; thence S19°35'15"E, 239.99 ft.; thence S65°31'10"W, 39.88 ft.; thence S61 °48'26"W, 235.25 ft.; thence S88°18'27"W, 119.49 ft.; thence S17°53'14"W, 96.62 ft.; thence S19°29'58"E, 205.01 ft.; thence S88°55'46"W, 42.16 ft.; thence N19°29'58"W, 205.21 ft.; thence N17°53'14"E, 138.38 ft.; thence N88°18'27"E, 138.30 ft.; thence N61 °48'26"E, 231.62 ft.; thence N19'35'15"W, 199.20 ft.; thence N30°22'45"W, 317.91 ft.; thence N08°12'40"E, 168.21 ft.; thence N27°57'58"W, 96.14 ft.; thence Page 1086 of 2498 Book 153 Regular Session, July 5, 2023 271 N27°57'12"W, 98.47 ft.; thence N34°21'32"W, 228.16 ft.; thence N24°30'57"W, 122.74 ft.; thence S88°34'08"W, 169.93; thence N72°15'00"W, 110.53 ft.; thence S86°36'29"W, 110.92; thence S13°21'23"E, 125.00 ft.; thence 30.03 ft. along a 195.50 foot radius curve con- cave Southerly (chord bearing S72°14'35"W, 30.00 ft.); thence N22°09'26"W, 123.41 ft.; thence S58°21'30"W, 114.03 ft.; thence S40°44'49"W, 194.12 ft.; thence S31'11'14"W, 67.99 ft.; thence S59°14'39"W, 101.31 ft.; thence N01 °51'39"W, 168.56 ft.; thence S88°44'30"W, 1,330.51 ft.; thence S00°32'54"E, 49.50 ft.; thence S68°31'02"W, 279.63 ft.; thence S02°07'32"E, 725.50 ft.; thence N76°38'23"W, 10.43 ft.; thence 71.26 ft. along a 787.25 foot radius curve con- cave Southerly (chord bearing N79°13'57"W, 71.24 ft.); thence NO2°09'42"W, 258.41 ft.; thence S87°00'09"W, 55.34 ft.; thence NO2°10'30"W, 595.45 ft. to the Point of Beginning; and The immediately adjacent right of way to the area previously described of the Northwest Arterial lying within the cor- porate limits of the City of Dubuque de- scribed as: Commencing at the Northwest Corner of said Lot 2; thence N72°27'42" E, 826.19 ft. to the Point of Beginning; thence N17°32'18"W, 266.57 ft.; thence N74°33'33"E, 1369.58 ft.; thence S17°32'18"E, 216.44 ft.; thence S72°27'42"W, 1368.66 ft. to the Point of Beginning. All in the City of Dubuque, Iowa (b) Urban Renewal Plan shall mean the Ur- ban Renewal Plan for the Switch Homes Housing Urban Renewal Area, approved by Resolution No. 219-23 on July 5, 2023, as the same may be amended from time to time. Section 2. That the taxes levied on the tax- able property in the Urban Renewal Area, le- gally described in Section 1 hereof, by and for the benefit of the State of Iowa, City of Dubu- que, County of Dubuque, Dubuque Community School District, and all other taxing districts from and after the effective date of this Ordi- nance shall be divided as hereinafter in this Or- dinance provided. Section 3. That portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts upon the total sum of the assessed value of the taxable property in the Urban Re- newal Area, as shown on the assessment roll as of January 1, 2023, being January 1 of the calendar year preceding the first calendar year in which the City of Dubuque is expected to cer- tify to the County Auditor the amount of loans, advances, indebtedness, or bonds payable from the division of property tax revenue de- scribed herein, shall be allocated to and when collected be paid into the fund for the respec- tive taxing district as taxes by or for the taxing district into which all other property taxes are paid. The taxes so determined shall be referred to herein as the "base period taxes" for such Urban Renewal Area. Section 4. That portion of the taxes each year in excess of the base period taxes deter- mined for the Urban Renewal Area as provided in Section 3 of this Ordinance shall be allocated to and when collected be paid into a special tax increment fund of the City of Dubuque, Iowa hereby established, to pay the principal of and interest on loans, monies advanced to, indebt- edness, whether funded, refunded, assumed or otherwise, including bonds or obligations is- sued under the authority of Section 403.9 or 403.12 of the Code of Iowa, as amended, in- curred by the City of Dubuque, Iowa, to finance or refinance, in whole or in part, urban renewal projects undertaken within the Urban Renewal Area pursuant to the Urban Renewal Plan, ex- cept that (i) taxes for the regular and voter -ap- proved physical plant and equipment levy of a school district imposed pursuant to Iowa Code Section 298.2 and taxes for the instructional support program of a school district imposed pursuant to Iowa Code Section 257.19 (but in each case only to the extent required under Iowa Code Section 403.19(2)); (ii) taxes for the payment of bonds and interest of each taxing district; (iii) taxes imposed under Iowa Code Section 346.27(22) related to joint county -city buildings; and (iv) any other exceptions de- scribed in Section 403.19 shall be collected against all taxable property within the Project Area without any limitation as hereinabove pro- vided. Section 5. Unless or until the total assessed valuation of the taxable property in the Urban Renewal Project Area exceeds the total as- sessed value of the taxable property in the Ur- ban Renewal Area as shown by the assess- ment rolls referred to in Section 3 of this Ordi- nance, all of the taxes levied and collected upon the taxable property in the Urban Re- newal Area shall be paid into the funds for the respective taxing districts as taxes by or for said taxing districts in the same manner as all other property taxes. Section 6. At such time as the loans, ad- vances, indebtedness, bonds and interest thereon of the City of Dubuque, Iowa referred to in Section 4 hereof have been paid, all mon- ies thereafter received from taxes upon the tax- able property in the Urban Renewal Area shall Page 1087 of 2498 Book 153 Regular Session, July 5, 2023 272 be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. Section 7. All ordinances or parts of ordi- nances in conflict with the provisions of this Or- dinance are hereby repealed. The provisions of this Ordinance are intended and shall be con- strued so as to fully implement the division of taxes from taxable property in the Urban Re- newal Area under the provisions of Section 403.19 of the Code of Iowa. In the event that any provision of this Ordinance shall be deter- mined to be contrary to law it shall not affect other provisions or application of this Ordi- nance which shall at all times be construed to fully invoke the provisions of Section 403.19 of the Code of Iowa with reference to the Urban Renewal Area and the territory contained therein. Section 8. This Ordinance shall be in effect after its final passage, approval and publication as provided by law. Passed and approved this 5th day of July, 2023. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 11 th day of July 2023. /s/Adrienne N. Breitfelder, City Clerk 3. Fiscal Year 2024 Arts & Culture Operat- ing Support Grant Funding Recommendation: Motion by Roussell to receive and file the doc- uments and approve with the Arts & Cultural Affairs Advisory Commission recommendation to fund the FY2024 Operating Support grant applications. Seconded by Farber. City Council Members expressed enthusiasm for the fund- ing to support various organizations and thanked the Arts & Cultural Affairs Advisory Commission for their work in selecting the or- ganizations to award funds. Motion carried 6-0. 4. Fiscal Year 2024 Arts & Culture Special Projects Grant Funding Recommendation: Mo- tion by Sprank to receive and file the docu- ments and approve the Arts & Cultural Affairs Advisory Commission recommendation to fund the FY2024 Special Projects grant applica- tions. Seconded by Jones. Motion carried 6-0. 5. Fiscal Year 2024 Purchase of Services Grant Recommendations & Agreements: Mo- tion by Jones to receive and file the documents and adopt Resolution No. 221-23 Authorizing execution of FY24 Purchase of Services Grant Agreements. Seconded by Farber. Respond- ing to a question from the City Council, Hous- ing and Community Development Director Alexis Steger stated that this set of agreements encompasses all agreements that will be ap- proved in FY24. Motion carried 6-0. RESOLUTION NO. 221-23 AUTHORIZING EXECUTION OF FY24 PUR- CHASE OF SERVICES GRANT AGREE- MENTS Whereas, the following non-profit organiza- tions prepared and submitted requests to pro- vide support for human service programs in the City of Dubuque: • Crescent Community Health Center • Four Mounds Foundation • Four Oak Family and Children's Services • Multicultural Family Center • Riverview Center • St. Mark Youth Enrichment; and Whereas, the City Council approved the Fiscal Year 2024 budget that included the Pur- chase of Services allocation; and Whereas, the submissions have been ap- proved by the Community Development Advi- sory Commission on May 17, 2023; and Whereas, all services provided will be to a minimum of 51 % low/moderate income resi- dents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Funding Ap- proval/Agreements, authorized by the Commu- nity Development Advisory Commission begin- ning July 5, 2023 for Purchase of Services Grants to the aforementioned organizations be approved. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute said Agreement and related docu- ments on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 5th day of July 2023. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 6. Proceedings to Direct Advertisement for Sale of $6,250,000 Taxable General Obligation Bonds, Series 2023A, Approval of the Prelimi- nary Official Statement, and Approval of Elec- tronic Bidding Procedures: Motion by Wethal to receive and file the documents and adopt Res- olution No. 222-23 Setting the date for the sale of Taxable General Obligation Corporate Pur- pose Bonds, Series 2023A and authorizing the use of a preliminary official statement in con- nection therewith. Seconded by Farber. Motion carried 6-0. RESOLUTION NO. 222-23 RESOLUTION SETTING THE DATE FOR THE SALE OF TAXABLE GENERAL OBLI- GATION CORPORATE PURPOSE BONDS, SERIES 2023A AND AUTHORIZING THE USE OF A PRELIMINARY OFFICIAL STATE- MENT IN CONNECTION THEREWITH Page 1088 of 2498 Book 153 Regular Session, July 5, 2023 273 Whereas, the City of Dubuque (the "City"), in Dubuque County, State of Iowa, heretofore proposed to enter into a loan agreement (the "Municipal Buildings Loan Agreement") and to borrow money thereunder in a principal amount not to exceed $450,000, pursuant to the provi- sions of Section 384.24A of the Code of Iowa, for the purpose of undertaking repairs and im- provements for municipal buildings, and in lieu of calling an election upon such proposal, has published notice of the proposed action and has held a hearing thereon, and as of April 17, 2023, no petition had been filed with the City asking that the question of entering into the Municipal Buildings Loan Agreement; and Whereas, the City also proposed to enter into a loan agreement (the "Parking Ramp Fa- cilities Loan Agreement') and to borrow money thereunder in a principal amount not to exceed $450,000, pursuant to the provisions of Section 384.24A of the Code of Iowa, for the purpose of undertaking repairs and improvements to municipal parking ramp facilities, and in lieu of calling an election upon such proposal, has published notice of the proposed action and has held a hearing thereon, and as of April 17, 2023, no petition had been filed with the City asking that the question of entering into the Parking Ramp Facilities Loan Agreement; and Whereas, the City also proposed to enter into a loan agreement (the "Five Flags Arena Loan Agreement') and to borrow money there- under in a principal amount not to exceed $700,000, pursuant to the provisions of Section 384.24A of the Code of Iowa, for the purpose of undertaking repairs and improvements to the Five Flags Arena facilities, and in lieu of calling an election upon such proposal, has published notice of the proposed action and has held a hearing thereon, and as of April 17, 2023, no petition had been filed with the City asking that the question of entering into the Five Flags Arena Loan Agreement; and Whereas, the City also proposed to enter into a loan agreement (the "Urban Renewal Loan Agreement' and together with the Munic- ipal Buildings Loan Agreement, the Parking Ramp Facilities Loan Agreement, and the Five Flags Arena Loan Agreement, the "Loan Agreements"), pursuant to the provisions of Section 384.24A and Section 384.24.3(q) of the Code of Iowa, and to borrow money there- under in a principal amount not to exceed $4,650,000 for the purpose of paying the costs, to that extent, of undertaking the Mystique Community Ice Center (Dubuque Ice Arena) Settling Remediation and Building Improve- ments Project, an authorized urban renewal project in the Dubuque Greater Downtown Ur- ban Renewal Area, and in lieu of calling an election upon such proposal, has published no- tice of the proposed action and has held a hear- ing thereon, and as of April 17, 2023, no petition had been filed with the City asking that the question of entering into the Urban Re- newal Loan Agreement; and Whereas, pursuant to the provisions of Section 384.28 of the Code of Iowa, the City combined its authority under the Loan Agree- ments into a single loan agreement (the "Loan Agreement'); and Whereas, a Preliminary Official Statement (the "P.O.S.") has been prepared to facilitate the sale of Taxable General Obligation Corpo- rate Purpose Bonds, Series 2023A (the "Bonds") to be issued in evidence of the obliga- tion of the City under the Loan Agreement, and it is now necessary to make provision for the approval of the P.O.S. and to authorize its use by Independent Public Advisors, LLC, as mu- nicipal financial advisor (the "Municipal Advi- sor") to the City; and Whereas, it is now necessary to set the date for the sale of the Bonds and to make pro- vision for the advertisement thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The City Staff are hereby author- ized to take such action as shall be deemed necessary and appropriate, with the assistance of Dorsey & Whitney LLP (the "Disclosure Counsel'), as bond and disclosure counsel to the City, and the Municipal Advisor, to prepare the P.O.S. describing the Bonds and providing for the terms and conditions of their sale, and all action heretofore taken in this regard is hereby ratified and approved. Section 2. The use by the Municipal Advi- sor of the P.O.S. relating to the Bonds in sub- stantially the form as has been presented to and considered by the City Council is hereby approved, and the Municipal Advisor, together with Disclosure Counsel, are hereby author- ized to prepare and use a final Official State- ment for the Bonds substantially in the form of the P.O.S. but with such changes therein as are required to conform the same to the terms of the Bonds and the resolution, when adopted, providing for the sale and issuance of the Bonds, and the Chief Financial Officer is hereby authorized and directed to execute a fi- nal Official Statement for the Bonds, if re- quested. The P.O.S. as of its date is deemed final by the City within the meaning of Rule 15(c)(2)-12 of the Securities and Exchange Commission. Section 3. Sealed bids for the purchase of the Bonds shall be received and canvassed on behalf of the City until 10:00 a.m. on July 17, 2023, at the City Hall in the City, and the City Council shall meet at the same place, on the same date, at 6:30 p.m., for the purpose of con- sidering such bids received and considering and passing a resolution providing for the award of the Bonds, and the Municipal Advisor Page 1089 of 2498 Book 153 Regular Session, July 5, 2023 274 is hereby authorized and directed to dissemi- nate the notice of said sale, in compliance with the Internal Revenue Service regulations gov- erning "Issue Price" determinations, such no- tice to minimally contain information regarding Establishment of Issue Price set forth in the "Terms of Offering" [provided] to the P.O.S. and to be in such form as the Municipal Advisor may deem to be appropriate. Section 4. Pursuant to Section 75.14 of the Code of Iowa, the City Council hereby author- izes the use of electronic bidding procedures for the sale of the Bonds through PARITY®, and hereby finds and determines that the PAR- ITY® competitive bidding system will provide reasonable security and maintain the integrity of the competitive bidding process and will fa- cilitate the delivery of bids by interested parties under the circumstances of this bond sale. Section 5. All resolutions or parts thereof in conflict herewith are hereby repealed to the ex- tent of such conflict. Section 6. This resolution shall be in full force and effect immediately upon its adoption and approval, as provided by law. Passed and approved July 5, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 7. Federal Transit Administration (FTA) 5339 Bus and Bus Facilities Low or No Emis- sion Grant Award: Motion by Jones to receive and file the documents. Seconded by Sprank. Responding to questions from the City Council, Director of Transportation Services Ryan Knuckey stated that he has conversed with many other cities regarding electric buses and that the city's gradual approach to acquiring the buses is beneficial since the technology contin- ues to advance. Mr. Knuckey further stated that the city has adequate time to purchase the new buses with the grant funds that the grant also includes training for city staff on operating, maintaining, and working with the vehicles. City Council Members expressed enthusiasm to- ward building the city's electric fleet. Motion carried 6-0. 8. Work Session Request: State Legisla- tion/Property Tax Reform — Impact on City Revenue: Motion by Roussell to receive and file the documents and schedule the work ses- sion for July 17, 2023, at 5:30 p.m. Seconded by Farber. Motion carried 6-0. 9. Work Session Request: State and Fed- eral Grant Updates: Motion by Jones to receive and file the documents and schedule the work session for August 21, 2023, at 5:00 p.m. Se- conded by Sprank. Motion carried 6-0. 10. Work Session Request: Travel Dubuque: Motion by Farber to receive and file the docu- ments and schedule the work session for Au- gust 21, 2023, at 6:00 p.m. Seconded by Jones. Motion carried 6-0. 11. Marshallese Video on Air Quality: Mo- tion by Roussell to receive and file the docu- ments and view the video. Seconded by Sprank. Chief of Equity and Human Rights Gisella Aitken-Shadle introduced a video of the June 28, 2023 air quality warning delivered in Marshallese. The video can be viewed at: https://voutu.be/laQms930law. Motion carried 6-0. COUNCIL MEMBER REPORTS Council Member Jones congratulated As- sistant Fire Chief David Grass on his new posi- tion. Council Members Sprank and Farber re- spectively reported on the Comiskey Park cel- ebration. Mayor Cavanagh also reported on the Comiskey Park celebration and the 3'd of July fireworks and air show. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 7:31 p.m. to discuss Professional Eval- uation(:) — Chapter 21.5(1)(i) Code of Iowa. Seconded by Wethal. Motion carried 6-0. The City Council reconvened in open ses- sion at 8:04 p.m. stating that staff had been given proper direction. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 8:04 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk Page 1090 of 2498 Book 153 Special Session, July 17, 2023 275 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on July 17, 2023, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6'h Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attor- ney Brumwell. Absent: Council Member Jones. Mayor Cavanagh read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on state legislation and property tax re- form's impact on city revenue. WORK SESSION State Legislation/Property Tax Reform — Im- pact on City Revenue Chief Financial Officer Jennifer Larson made a presentation on recent state legislation and property tax reform's impact on city reve- nue. Ms. Larson responded to questions from the City Council regarding the parameters that would subject projects to a referendum and the new tax statement mailing process. Ms. Larson stated that the city's budget hearing schedule may be altered in future years due to the ex- tended deadline to certify the budget. City Man- ager Van Milligen stated that state legislators have communicated their intention to consider changes to the local option sales tax (LOST), tax increment financing (TIF), and property taxes in future years. City Council Members discussed how the state legislation will impact city services and their history of being fiscally responsible. City Attorney Brumwell suggested the City Council go into closed session in the remaining time before regular session. CLOSED SESSION Motion by Roussell to convene in closed session at 6:12 p.m. to discuss Purchase or Sale of Real Estate — Chapter 21.5(1)(j) Code of Iowa. Seconded by Wethal. Mayor Cavanagh stated for the record that the attor- ney who will consult with City Council on the issues to be discussed in the closed session is City Attorney Brumwell. Motion carried 6-0. The City Council reconvened in open session at 6:28 p.m. stating that staff had been given proper direction. There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:28 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk Page 1091 of 2498 Book 153 Regular Session, July 17, 2023 276 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on July 17, 2023, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6"' Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attor- ney Brumwell. Absent: Council Member Jones. Mayor Cavanagh read the call and stated this is a regular session of the City Council called for the purpose of conducting such busi- ness that may properly come before the City Council. PLEDGE OF ALLEGIANCE CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Farber. Motion carried 6-0. 1. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 4/25/23 and 5/23/23; City Council Proceedings of 6/26/23, 6/28/23, and 7/5/23; Zoning Board of Adjustment of 6/22/23; Proof of Publication for City Council Proceedings of 5/31/23 and 6/5/23. Upon motion the documents were re- ceived and filed. 2. Notice of Claims and Suits: Joseph Ede for property damage; Denise Hackbarth for ve- hicle damage; Lawrence Herrig for property damage; Thomas and Sandra Sitzmann for property damage; Teresa Stegall for personal injury; Michael Thill for property damage. Upon motion the documents were received, filed, and referred to the City Attorney. 3. Disposition of Claims: City Attorney ad- vised that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Joseph Ede for property damage; Denise Hackbarth for vehicle damage; Lawrence Her - rig for property damage; Juan Lampe for prop- erty damage; Brian Sanger for property dam- age; Thomas and Sandra Sitzmann for prop- erty damage; Teresa Stegall for personal injury; Michael Thill for property damage. Upon motion the docu- ments were received, filed, and concurred. 4. Approval of City Expenditures: Upon mo- tion the documents were received and filed, and Resolution No. 223-23 Authorizing the Chief Financial Officer/City Treasurer to make certain payments of bills that must be paid and approved for payment in accordance with City procedures was adopted. RESOLUTION NO. 223-23 AUTHORIZING THE CHIEF FINANCIAL OF- FICER / CITY TREASURER TO MAKE CER- TAIN 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 gen- erally accepted internal control procedures and have been determined to have been requisi- tioned for a lawful municipal purpose; and Whereas, the Chief Financial Officer -City Treasurer has provided a list of Expenditures [provided] 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 Fi- nancial Officer -City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is [provided] 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 pay- ment 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 ac- cordance with approved budget appropria- tions. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Chief Fi- nancial Officer are hereby authorized and di- rected to provide the statement of receipts and disbursements to the City Council, and to pub- lish a summary thereof. Page 1092 of 2498 Book 153 Regular Session, July 17, 2023 277 Passed, approved, and adopted this 17th day of July, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Corrected Legal Description by Resolu- tion for Urban Renewal Plan for the Dubuque Industrial Center Economic Development Dis- trict, Version 2022.3: Upon motion the docu- ments were received and filed, and Resolution No. 180-23-A Nunc Pro Tunc correcting and amending a scrivener's error in certain legal descriptions included in the Urban Renewal Plan for the Dubuque Industrial Center Eco- nomic Development District was adopted. RESOLUTION NO. 180-23-A NUNC PRO TUNC CORRECTING AND AMENDING A SCRIVENER'S ERROR IN CERTAIN LEGAL DESCRIPTIONS IN- CLUDED IN THE URBAN RENEWAL PLAN FOR THE DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT Whereas, by Resolution No. 180-23, adopted June 5, 2023, this Council found and determined that certain areas located within the City and County are eligible and should be designated as an urban renewal area under Iowa law, and approved and adopted the Ur- ban Renewal Plan (the "Urban Renewal Plan" or "Plan") for the Dubuque Industrial Center Economic Development District (the "Urban Renewal Area" or "Area") described therein; and Whereas, the Urban Renewal Plan ap- proved and adopted by Resolution No. 180-23 contained a scrivener's error in the legal de- scription of the Urban Renewal Project Area; and Whereas, correcting the scrivener's error does not change the parcels of land which were intended to be included in the Urban Re- newal Area; and Whereas, the Council has determined to adopt this resolution nunc pro tunc, correcting the scrivener's error in the legal description of the Urban Renewal Project Area contained in the Urban Renewal Plan for the Urban Re- newal Area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. That the findings and conclu- sions set forth or contained in the Urban Re- newal Plan concerning the area of the City of Dubuque, State of Iowa, described in the pre- amble hereof and in Resolution No. 180-23, be and the same are hereby ratified and confirmed in all respects as the findings of this Council for the Urban Renewal Area with the exception of the amended legal description as set forth be- low. Section 2. The legal description of the Ur- ban Renewal Project Area contained in the Ur- ban Renewal Plan approved and adopted by Resolution No. 180-23 on June 5, 2023, is hereby corrected, nunc pro tunc, to provide as set forth in the legal descriptions of such area [provided] hereto as Attachment D. Section 3. The [provided] Attachment D shall be substituted in lieu of the original At- tachment D contained in the Urban Renewal Plan. Section 4. That all other provisions of the Urban Renewal Plan not affected or otherwise revised by this resolution, as well as all resolu- tions previously adopted by this City Council related to the Urban Renewal Plan be and the same are hereby ratified, confirmed and ap- proved in all respects. Passed, approved, and adopted this 17«' day of July, 20223. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Engineering Technician Additional Posi- tion Request: City Manager recommended City Council approval to add a non-exempt (hourly), full-time (1.0 FTE) Engineering Technician po- sition to save money by reducing overtime and reducing the need to hire private engineering consultants that bill out at much higher rates. Upon motion the documents were received, filed, and approved. 7. Approval of Plat of Survey of Lot 1 B of Roger F. and Kathleen A. Klauer Family Place, in the City of Dubuque, Iowa for Vacating Peti- tion (Agreement Between City of Dubuque and CC15, LLC): Upon motion the documents were received and filed, and Resolution No. 224-23 Approving Plat of proposed vacated portion of Bies Drive, in the City of Dubuque, Iowa, to be known as Lot 1 B of Roger F. and Kathleen A. Klauer Family Place, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 224-23 APPROVING PLAT OF PROPOSED VA- CATED PORTION OF BIES DRIVE, IN THE CITY OF DUBUQUE, IOWA, TO BE KNOWN AS LOT 1 B OF ROGER F. AND KATHLEEN A. KLAUER FAMILY PLACE, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated July 10, 2023 prepared by the City of Dubuque Engineering Department, showing the proposed vacated area of a portion of Bies Drive, in the City of Dubuque, Iowa and as- signed a lot number thereto, to be known as Lot 1 B of Roger F. and Kathleen A. Klauer Family Place, in the City of Dubuque, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto. Page 1093 of 2498 Book 153 Regular Session, July 17, 2023 278 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated July 10, 2023, prepared by the City of Dubuque Engi- neering 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 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 1 B. Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved, and adopted this 17th day of July, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 8. Agreement with Dennis R. Walker for the Vacation and Sale of National Street Right of Way South of Burlington Street Adjacent to Walker Property at 3009 Burlington Street: Upon motion the documents were received and filed, and Resolution No. 225-23 Approving an Agreement between the City of Dubuque, Iowa and Dennis R. Walker was adopted. RESOLUTION NO. 225-23 APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DEN- NIS R. WALKER This Agreement, dated for reference pur- poses the 7th day of July, 2023 is made and ex- ecuted between the City of Dubuque, Iowa, (City), a municipal corporation, and Dennis R. Walker (Walker). Whereas, Walker is requesting the vacation and sale of the 6,000 square ft. of the National Street right of way south of Burlington Street, in order to accommodate the construction of new private driveway to access the rear yard of the property at 3900 Burlington Street; and Whereas, Walker and City desire to enter into an agreement with respect to the proposed right of way vacation as set forth herein; and Whereas, a copy of the Agreement is [pro- vided] hereto; and Whereas, Dennis R. Walker, has executed the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 The Agreement [provided] hereto is hereby approved. Section 2 The City Manager is authorized and directed to execute the Agreement on be- half of the City of Dubuque Passed, approved, and adopted this 17th day of July, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 9. Iowa Department of Transportation Funding Agreement for Statewide Transporta- tion Innovation Council Incentive Program Pro- ject: Upon motion the documents were re- ceived and filed, and Resolution No. 226-23 Approving a Funding Agreement (ST-018) with the Iowa Department of Transportation for a Statewide Transportation Innovation Council (STIC) Grant that will continuously monitor and report on the performance of signalized inter- sections within the City of Dubuque was adopted. RESOLUTION NO. 226-23 APPROVING A FUNDING AGREEMENT (ST- 018) WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR A STATEWIDE TRANSPORTATION INNOVATION COUN- CIL (STIC) GRANT THAT WILL CONTINU- OUSLY MONITOR AND REPORT ON THE PERFORMANCE OF SIGNALIZED INTER- SECTIONS WITHIN THE CITY OF DUBUQUE Whereas, the program will provide an online dashboard to traffic management for evaluating the performance of Dubuque's sys- tem -wide traffic signals; and Whereas, the program will be used by traf- fic management to identify problem intersec- tions and corridors that can then be selected as candidates for signal retiming improvements; and Whereas, the total cost for this program is estimated at $80,000.00. The Statewide Trans- portation Innovation Council Grant will fund $65,000 of this project, and the remaining cost, $15,000 would be funding by the State of Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA, THAT: Section 1. That said Iowa Statewide Trans- portation Innovation Council (STIC) Incentive Program grant funding will be used within the City of Dubuque to continuously monitor and report on the performance of signalized inter- sections within the City of Dubuque for one year is hereby approved. Section 2. That the City Manager be au- thorized and directed to execute said Funding Agreement (Agreement No. ST-018) for Iowa Statewide Transportation Innovation Council (STIC) Incentive Program called Hyperflow that will continuously monitor and report on the per- formance of signalized intersections within the City of Dubuque for one year. Page 1094 of 2498 Book 153 Regular Session, July 17, 2023 279 Passed, approved, and adopted this 17th day of July 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 10. Fiscal Year 2023 and 2024 Contracted Service Agreement: DuRide: Upon motion the documents were received, filed, and approved. 11. Signed Contract(s): RACOM for the Dubuque Water Distribution Harris P25 Radio Equipment. Upon motion the documents were received and filed. 12. Communications Assistant Position: City Manager recommended City Council ap- proval to combine the currently vacant 0.5 FTE Communications Assistant position in the Pub- lic Information Office and the currently vacant 0.7 FTE Marketing Coordinator position at the Airport to create a 1.0 FTE Communications Assistant position in the Public Information Of- fice. Upon motion the documents were re- ceived, filed, and approved. 13. City Fiscal Year 2024 Update to Dubu- que County Resource Enhancement and Pro- tection Program (REAP) 5-Year Plan: Upon motion the documents were received, filed, and approved. 14. Adoption of Supplement Number 2023 S-11 to the City of Dubuque Code of Ordi- nances: Upon motion the documents were re- ceived and filed, and Resolution No. 227-23 Adopting Supplement No. 2023 S-11 to the Code of Ordinances of the City of Dubuque, Iowa was adopted. RESOLUTION NO. 227-23 ADOPTING SUPPLEMENT NO. 2023 S-11 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance No. 43- 09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its entirety; and Whereas, since August 17, 2009, the City of Dubuque, Iowa has compiled supplements to the Code of Ordinances consisting of all new ordinances and amendments to ordinances; and Whereas, Section 380.8 of the Code of Iowa provides that supplements, adopted by resolution, become part of the Code of Ordi- nances; and Whereas, Code Supplements are prepared by the American Legal Publishing of Cincinnati, Ohio and filed in the Office of the City Clerk of the City of Dubuque, Iowa. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That Supplement No. 2023 S-11 to the City of Dubuque Code of Ordinances, which codifies Ordinance Nos. 16-23 through 30-23 as approved by the City Council through June 5, 2023, is hereby adopted, and becomes part of the Code of Ordinances of the City of Dubuque, Iowa. Passed, approved, and adopted this 171h day of July 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 15. Settlement Agreement, Fas Mart #5159: City Manager recommended City Council approval of the Tobacco Compliance Settlement Agreement with Fas Mart #5159, 2175 Central Avenue. Upon motion the docu- ments were received, filed, and approved. 16. Settlement Agreement, Casey's Gen- eral Store, Inc #2421: City Manager recom- mended City Council approval of the Tobacco Compliance Settlement Agreement with Ca- sey's General Store, Inc. #2421, 4003 Peru Road. Upon motion the documents were re- ceived, filed, and approved. 17. Settlement Agreement, Liquor To- bacco, and Grocery: City Manager recom- mended City Council approval of the Tobacco Compliance Settlement Agreement with Settle- ment Agreement, Liquor Tobacco and Grocery, 1998 Jackson Street. Upon motion the docu- ments were received, filed, and approved. 18. Approval of Retail Alcohol Licenses: Upon motion the documents were received and filed, and Resolution No. 228-23 Approving ap- plications for retail alcohol licenses, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 228-23 APPROVING APPLICATIONS FOR RETAIL ALCOHOL LICENSES, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDI- NANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CON- TROL, ARTICLE B LIQUOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for retail alcohol li- censes have been submitted and filed with the City Council for approval, and the same have been examined, provisionally approved, and/or approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City, and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED Page 1095 of 2498 Book 153 Regular Session, July 17, 2023 280 BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Clerk is hereby author- ized and directed to cause to be issued at the noted premise address to the following appli- cants pending submission of the locally re- quired documentation: Renewals Bell Tower Productions, 2728 Asbury Rd. Egelhof, Siegert & Casper, 2659 John F Ken- nedy Rd. Shannon's Bar & Grill, 521 East 22nd St. Texas Roadhouse, 845 Wacker Dr. Tri-State Independent Blind Society, 1068 Cedar Cross Rd. Special Event(s) per Special Event Application Submittal Dubuque Main Street - Music on Main Street 7-10-23 to 7-14-23 and 8-7-23 to 8-11-23, Town Clock Plaza, 680 Main St. Dubuque Main Street- Key City Beer Festival 8-1-23 to 8-5-23, Town Clock Plaza, 680 Main St. Dubuque Jaycees - Millwork Night Market - 8-6-23 to 8-10-23, 7th and Jackson St and 9th and Jackson St. Dubuque Irish Hooley, Inc — 8-24-23 to 8-28- 23, Alliant Amphitheater Adding A Temporary Outdoor Privilege Jubeck New World Brewing LLC - Michael Breitbach's Mid -Week Farmer's Market every Wednesday from 7-12-23 through 10-25-23, Outdoor service area will be on Iowa Street adjacent to our building from 1111 St to 121h St. New Applications Provisional Issuances Dubuque Jaycees - Millwork Night Market - 6-5-23 to 6-9-23 and 7-9-23 to 7-13-23, 7th and Jackson St and 9th and Jackson St. Passed, approved, and adopted this 17 day of July 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Roussell to receive and file the documents, adopt the resolutions, and set the public hearings as indicated. Seconded by Sprank. Motion carried 6-0. 1. Petition to Vacate a portion of Bies Drive, in the City of Dubuque, Iowa for Vacating Peti- tion (Agreement Between City of Dubuque and CC15, LLC): Upon motion the documents were received and filed and Resolution No. 229-23 Intent to vacate and dispose of a portion of Bies Drive, in the City of Dubuque, Iowa, to be known as Lot 1 B of Roger F. and Kathleen A. Klauer Family Place, in the City of Dubuque, Iowa was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 7, 2023 in the Historic Federal Building. RESOLUTION NO. 229-23 INTENT TO VACATE AND DISPOSE OF A PORTION OF BIES DRIVE, IN THE CITY OF DUBUQUE, IOWA, TO BE KNOWN AS LOT 1B OF ROGER F. AND KATHLEEN A. KLAUER FAMILY PLACE, IN THE CITY OF DUBUQUE, IOWA Whereas, per Resolution No. 143-23 the City of Dubuque has entered into an agree- ment with CC15, LLC for the conveyance of City Owned property including a portion of Bies Drive, in the City of Dubuque, Iowa; and Whereas, CC15, LLC has requested the va- cation of a portion of Bies Drive and the con- veyance of the property to CC15, 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 va- cated area of Bies Drive, in the City of Dubu- que, Iowa and assigned a lot number thereto, to be known as Lot 1 B of Roger F. and Kath- leen A. Klauer Family Place, in the City of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the City of Dubuque intends to vacate and dispose of Lot 1 B of Roger F. and Kathleen A. Klauer Family Place, in the City of Dubuque, Iowa. Section 2. That a public hearing, and/or by virtual means, on the intent to vacate and dis- pose of Lot 1 B of Roger F. and Kathleen A. Klauer Family Place, in the City of Dubuque, Iowa is hereby set for the 7th day of August, 2023, at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa, beginning at 6:30 p.m., and the City Clerk be and is hereby au- thorized and directed to cause a notice of pub- lic hearing on the intent to vacate said real es- tate to be published in the manner as pre- scribed by law. Passed, approved, and adopted this 17th day of July, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Burlington Street Water Main Improve- ment Project - Initiate Public Bidding and Set the Public Hearing Date: Upon motion the doc- uments were received and filed and Resolution No. 230-23 The Burlington Street Water Main Improvement Project 2023: preliminary ap- proval of plans, specifications, form of contract, and estimated cost; setting date of public hear- ing on plans, specifications, form of contract, and estimated cost; and ordering the advertise- ment for bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 7, 2023 in the Historic Federal Building. Page 1096 of 2498 Book 153 Regular Session, July 17, 2023 281 RESOLUTION NO. 230-23 THE BURLINGTON STREET WATER MAIN IMPROVEMENT PROJECT 2023 - PRELIMI- NARY APPROVAL OF PLANS, SPECIFICA- TIONS, FORM OF CONTRACT, AND ESTI- MATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISE- MENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The proposed plans, specifica- tions, form of contract and estimated cost for the Burlington Street Water Main Installation Project 2023 in the amount of $353,120, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspec- tion. Section 2. A public hearing will be held on the 7th day of August, 2023, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubuque, Iowa, at which time interested persons may ap- pear 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 [provided] 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 objec- tions to the proposed plans, specifications, form of contract, or estimated cost of the Pro- ject. Section 3. The Burlington Street Water Main Improvement Project is hereby ordered to be advertised for bids for construction. Section 4. The amount of the security to ac- company each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. Section 5. The Water Department Manager is hereby directed to advertise for sealed bids for the construction of the improvements herein provided, by publishing the Notice to Bidders to be published on the City of Dubuque website and a contractor plan room service 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 10"' 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 21 st day of August 2023, in the Historic Fed- eral Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted, and approved this 171h day of July, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 3. Human Rights Commission Request for Commissioner Removal: Upon motion the doc- uments were received and filed and Resolution No. 231-23 Setting a public hearing on the in- tent to consider the removal of a commissioner from the Human Rights Commission was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 7, 2023 in the Historic Federal Building. RESOLUTION NO. 231-23 SETTING A PUBLIC HEARING ON THE IN- TENT TO CONSIDER THE REMOVAL OF A COMMISSIONER FROM THE HUMAN RIGHTS COMMISSION Whereas, the City of Dubuque, Iowa Hu- man Rights Commission is governed by Title 8 of the City of Dubuque Code of Ordinances; and Whereas, § 8-2-10 of the Code of Ordi- nances establishes the requirement for attend- ance 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 consecu- tive meetings of the commission, without being excused by the chairperson, such ab- sence will be grounds for the commission to recommend to the city council that the position be declared vacant and a replace- ment appointed. 2. Attendance must be entered upon the minutes of all meetings; and Whereas, the Human Rights Commission has recommended to the City Council that Dereka Williams -Robinson be removed from the Commission for failure to comply with the attendance requirements, such recommenda- tion [provided] as Exhibit A; and Whereas, § 8-2-12 of the Code of Ordi- nances authorizes removal of a commissioner for cause upon written charges and after public hearing; and Whereas, the City Council desires to set the public hearing on the removal of Dereka Williams -Robinson from the Human Rights Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council intends to con- sider the removal of Dereka Williams -Robinson from the Human Rights Commission for non- compliance with the attendance requirement of the Code of Ordinances. Page 1097 of 2498 Book 153 Regular Session, July 17, 2023 282 Section 2. The City Clerk is hereby author- ized and directed to cause a notice to be mailed to Dereka Williams -Robinson and published as prescribed by Iowa Code Section 362.3 of a public hearing on the City's intent to remove Dereka Williams -Robinson from the Human Rights Commission, to be held on the 7th day of August 2023 at 6:30 p.m. in Dubuque, Iowa. Passed, approved, and adopted this 17th day of July 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Set for Public Hearing - Butler Children's Garden Voluntary Annexation Request: Upon motion the documents were received and filed and Resolution No. 232-23 Setting a public hearing on an application for voluntary annex- ation of territory to the City of Dubuque, Iowa was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 21, 2023 in the Historic Federal Building. RESOLUTION NO. 232-23 SETTING A PUBLIC HEARING ON AN AP- PLICATION FOR VOLUNTARY ANNEXA- TION OF TERRITORY TO THE CITY OF DUBUQUE, IOWA Whereas, the City Council of Dubuque has received a written application from the Butler Children's Garden Foundation, Inc. (applicant and property owner) for the voluntary annexa- tion of 18.717 acres of property. The property is comprised of undeveloped forest land just north of the Dubuque Arboretum in Dubuque County as shown on Exhibit A and legally de- scribed as: ALL OF LOT 2 OF Y-CAMP PLACE NO. 3 IN DUBUQUE COUNTY, IOWA, CON- TAINING 18.717 ACRES; and Whereas, the annexation territory is not subject to an existing annexation moratorium agreement; and Whereas, the annexation territory does not include state-owned property, county -owned road right-of-way, or any railroad right-of-way; and Whereas, Chapter 368 of the Code of Iowa authorizes this annexation by adoption of a res- olution and required notification; and Whereas, the annexation territory is con- sistent with the City's Comprehensive Plan; and Whereas, the future growth and develop- ment of the City of Dubuque, Iowa makes it de- sirable that the annexation territory be made part of the City of Dubuque, Iowa; and Whereas, the City of Dubuque has the ca- pacity to provide substantial municipal services to the annexation territory; and Whereas, the annexation is in the public in- terest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. A public hearing will be held on the 21st day of August 2023, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa, at which time interested persons may ap- pear and be heard for or against the proposed annexation, and the City Clerk be and is hereby directed to cause the [provided] notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than fourteen days prior to the date of such hearing. Passed, approved, and adopted this 17th day of July 2023. Brad Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk BOARDS/COMMISSIONS Applications were reviewed for the follow- ing Boards and Commissions. Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. 1. Civic Center Commission: One, 3-Year Term through June 29, 2024 (Vacant term of Gavin). Applicant: Danielle Jacobs, 3130 Shi- ras Ave. 2. Historic Preservation Commission: One, interim term due to vacancies of the Cathedral District term and Old Main District term. Appli- cants: Cole Hansen, 408 Burch St. (Lives out- side 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 Commis- sioners total; currently 3 males /4 females /2 openings/ 1 Interim. City Clerk Breitfelder stated that Mr. Hansen submitted written input in support of his application. 3. Housing Commission: Two, 3-Year Terms through August 17, 2026 (Expiring At - Large terms of Dixon and Eudaley). Applicants: Matthew Henrick, 2115 Golden Eagle Dr.; Juanita Otis, 2509 Jackson St.; Julietta Scott, 2455 Woodlawn St. 4. Long Range Planning Advisory Commis- sion: One, 3-Year term through July 1, 2026 (Vacant At -Large term of Vincent). Applicant: Michael Rabagia, 1449 Jackson St. Appointments were made to the following boards/commissions. Page 1098 of 2498 Book 153 Regular Session, July 17, 2023 283 1. Transit Advisory Board: One, 3-Year Term through July 30, 2026 (Expiring Term of Orwoll). Applicant: Greg Orwoll, 2635 West 32nd St. Motion by Sprank to appoint Mr. Orwoll to the three-year term through July 30, 2026. Seconded by Roussell. Motion carried 6-0. PUBLIC HEARINGS 1. Resolution Approving a Proposed Devel- opment Agreement by and between the City of Dubuque, Iowa and 799 Main, LLC Providing for the Issuance of Urban Renewal Tax Incre- ment Revenue Grant Obligations Pursuant to the Development Agreement: Motion by Res- nick to receive and file the documents and adopt Resolution No. 233-23 Approving a De- velopment Agreement by and between the City of Dubuque, Iowa, and 799 Main, LLC includ- ing the issuance of Urban Tax Increment Rev- enue Obligations. Seconded by Farber. City Council Members and City Manager Van Milli- gen confirmed the development agreement contained a clause requiring the acceptance of housing choice vouchers. Motion carried 6-0. RESOLUTION NO. 233-23 APPROVING A DEVELOPMENT AGREE- MENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA, AND 799 MAIN, LLC IN- CLUDING THE ISSUANCE OF URBAN TAX INCREMENT REVENUE OBLIGATIONS Whereas, 799 Main, LLC is the owner of the property legally described as follows: City Lot 58, except the southerly 28.1 ft. thereof (also described as "North 23 ft. of City Lot 58); City Lots 56 and 57; in the City of Dubuque, Iowa according to the United States Commissioners' Map of the Town of Dubuque, Iowa (the Property); and Whereas, the City Council, by Resolution No. 217-23, dated July 5, 2023, declared its in- tent to enter into a Development Agreement by and between the City of Dubuque, Iowa, and 799 Main, LLC, including the issuance of Urban Renewal Tax Increment Revenue Obligations; and Whereas, pursuant to published notice, a public hearing was held on the proposed De- velopment Agreement on July 17, 2023 at 6:30 p.m.; and Whereas, it is the determination of the City Council that approval of the Development Agreement for redevelopment of the Property by 799 Main, LLC, according to the terms and conditions set out in the Development Agree- ment, 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 Development Agreement by and between the City of Dubu- que, Iowa, and 799 Main, LLC, a copy of which is [provided] hereto, including the issuance of Urban Renewal Tax Increment Revenue Obli- gations, is hereby approved. Section 2. That the Mayor is hereby author- ized and directed to execute the Development Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is author- ized to take such actions as are necessary to comply with the terms of the Development Agreement as herein approved. Passed, approved, and adopted this 17'h day of July, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. John F. Kennedy Road and West 32nd Street Intersection Improvement Project: Mo- tion by Resnick to receive and file the docu- ments and adopt Resolution No. 234-23 Ap- proval of plans, specifications, form of contract, and estimated cost for the John F. Kennedy Road and W. 32nd Street Intersection Improve- ment Project. Seconded by Wethal. Respond- ing to questions from the City Council, City En- gineer Gus Psihoyos stated that the water ex- tension is for private water service requested by the developer and that a roundabout would not function well at the location due to the high volumes of traffic from the Dubuque Soccer Complex at specific times. Motion carried 6-0. RESOLUTION NO. 234-23 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE JOHN F. KENNEDY ROAD AND W. 32ND STREET INTERSECTION IM- PROVEMENT PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the [provided] plans, specifications, form of contract and estimate of total cost for the John F. Kennedy Road and W. 32nd Street Intersection Improvement Project, in the esti- mated amount of $537,537.15 are hereby ap- proved. Passed, approved, and adopted this 17th day of July 2023. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk PUBLIC INPUT Martha Corfman, 1185 N. Booth St.; Ken Kiss, 16855 Muntz Ct.; Sara Ellert-Beck, 4851 Camelot Dr.; and Stormy Mochal, 1756 Wood St., respectively provided input regarding Ac- tion Item No. 5, requesting the City Council dedicate a portion of the Dubuque Industrial Page 1099 of 2498 Book 153 Regular Session, July 17, 2023 284 Park for a bird sanctuary to protect the bird spe- cies that have recently been discovered at the property. City Clerk Breitfelder announced that written input was received from the following in- dividuals regarding Action Item No. 5: Clark Schloz, 2925 Burlington St.; Kristin Anderson - Bricker and John Anderson -Bricker, 903 Merz St.; and Joanne Elley, 510 Primrose St. ACTION ITEMS 1. Moody's Upgrade of City of Dubuque's Issuer Rating and Bonds: Motion by Farber to receive and file the documents and listen to the presentation. Seconded by Resnick. City Man- ager Van Milligen provided information from Moody's Investors Services regarding their up- grade of the City of Dubuque's issuer rating outstanding general obligation unlimited tax bonds to Aa2 from Aa3, as well as its outstand- ing moral obligation Sales Tax Increment Rev- enue Bonds, Senior Bond Series 2015A to Al from A2 and clarified that this agenda item does not contain a presentation. City Council Members commended the rating upgrade and suggested that the city's Dollars and Cents bro- chure contain the updated ratings. City Man- ager Van Milligen stated that the Fiscal Year 2024 Dollars and Cents brochure has already been mailed to residents, but the online version will be modified to reflect the updated ratings. Motion carried 6-0. 2. Proceedings for Directing Sale of not to exceed $6,250,000 Taxable General Obliga- tion Bonds, Series 2023A and Awarding Bonds to Best Bidder: Motion by Resnick to receive and file the documents and adopt Resolution No. 235-23 Authorizing and approving a Loan Agreement, providing for the sale and issuance of Taxable General Obligation Corporate Pur- pose Bonds, Series 2023A, and providing for the levy of taxes to pay the same. Seconded by Wethal. Tionna Pooler of Independent Public Advisors summarized the bid results, stating that four bids were received involving 31 banks. Responding to a question from the City Council, Ms. Pooler summarized Moody's rec- ommendations for the city to further improve its ratings. Motion carried 6-0. RESOLUTION NO. 235-23 AUTHORIZING AND APPROVING A LOAN AGREEMENT, PROVIDING FOR THE SALE AND ISSUANCE OF $6,090,000 TAXABLE GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2023A, AND PROVIDING FOR THE LEVY OF TAXES TO PAY THE SAME Whereas, the City of Dubuque (the "City"), in Dubuque County, State of Iowa, heretofore proposed to enter into a loan agreement (the "Municipal Buildings Loan Agreement") and to borrow money thereunder in a principal amount not to exceed $450,000, pursuant to the provi- sions of Section 384.24A of the Code of Iowa, for the purpose of undertaking repairs and im- provements for municipal buildings (the "Mu- nicipal Buildings Project"), and in lieu of calling an election upon such proposal, has published notice of the proposed action and has held a hearing thereon, and as of April 17, 2023, no petition had been filed with the City asking that the question of entering into the Municipal Buildings Loan Agreement; and Whereas, the City also proposed to enter into a loan agreement (the "Parking Ramp Fa- cilities Loan Agreement") and to borrow money thereunder in a principal amount not to exceed $450,000, pursuant to the provisions of Section 384.24A of the Code of Iowa, for the purpose of undertaking repairs and improvements to municipal parking ramp facilities (the "Parking Ramp Facilities Project"), and in lieu of calling an election upon such proposal, has published notice of the proposed action and has held a hearing thereon, and as of April 17, 2023, no petition had been filed with the City asking that the question of entering into the Parking Ramp Facilities Loan Agreement; and Whereas, the City also proposed to enter into a loan agreement (the "Five Flags Arena Loan Agreement") and to borrow money there- under in a principal amount not to exceed $700,000, pursuant to the provisions of Sec- tion 384.24A of the Code of Iowa, for the pur- pose of undertaking repairs and improvements to the Five Flags Arena facilities (the "Five Flags Arena Project"), and in lieu of calling an election upon such proposal, has published no- tice of the proposed action and has held a hear- ing thereon, and as of April 17, 2023, no peti- tion had been filed with the City asking that the question of entering into the Five Flags Arena Loan Agreement; and Whereas, the City also proposed to enter into a loan agreement (the "Urban Renewal Loan Agreement" and together with the Munic- ipal Buildings Loan Agreement, the Parking Ramp Facilities Loan Agreement, and the Five Flags Arena Loan Agreement, the "Loan Agreements"), pursuant to the provisions of Section 384.24A and Section 384.24.3(q) of the Code of Iowa, and to borrow money there- under in a principal amount not to exceed $4,650,000 for the purpose of paying the costs, to that extent, of undertaking the Mystique Community Ice Center (Dubuque Ice Arena) Settling Remediation and Building Improve- ments Project, an authorized urban renewal project in the Dubuque Greater Downtown Ur- ban Renewal Area (the "Urban Renewal Pro- ject" and together with the Municipal Buildings Project, the Parking Ramp Facilities Project, and the Five Flags Arena Project the "Pro- jects"), and in lieu of calling an election upon Page 1100 of 2498 Book 153 Regular Session, July 17, 2023 285 such proposal, has published notice of the pro- posed action and has held a hearing thereon, and as of April 17, 2023, no petition had been filed with the City asking that the question of entering into the Urban Renewal Loan Agree- ment; and Whereas, pursuant to the provisions of Section 384.28 of the Code of Iowa, the City combined its authority under the Loan Agree- ments into a single loan agreement (the "Loan Agreement"); and Whereas, a Preliminary Official Statement (the "P.O.S.") has been prepared to facilitate the sale of Taxable General Obligation Corpo- rate Purpose Bonds, Series 2023A (the "Bonds") to be issued in evidence of the obliga- tion of the City under the Loan Agreement, and the City has made provision for the approval of the P.O.S. and has authorized its use by Inde- pendent Public Advisors, LLC, as municipal ad- visor to the City; and Whereas, pursuant to advertisement of sale, bids for the purchase of the Bonds to be issued in evidence of the City's obligation un- der the Loan Agreement were received and canvassed on behalf of the City at the ap- pointed time for the payment of costs of the Projects; and Whereas, upon final consideration of all bids, the bid of Robert W. Baird & Co., Inc., Mil- waukee, Wisconsin (the "Purchaser"), was the best, such bid proposing the lowest interest cost to the City; and Whereas, it is now necessary to make final provision for the approval of the Loan Agree- ment and to authorize the issuance of the Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The form of agreement of sale of the Bonds with the Purchaser is hereby ap- proved, and the Mayor and City Clerk are hereby authorized to accept and execute the same for and on behalf of the City. Section 2. The City shall enter into the Loan Agreement with the Purchaser in substantially the form as has been placed on file with the City Council, providing for a loan to the City in the principal amount of $6,090,000 for the pur- poses set forth in the preamble hereof. The Mayor and City Clerk are hereby au- thorized and directed to sign the Loan Agree- ment on behalf of the City, and the Loan Agree- ment is hereby approved. Section 3. The bid of the Purchaser re- ferred to in the preamble hereof is hereby ac- cepted, and the Bonds, in the aggregate princi- pal amount of $6,090,000, are hereby author- ized to be issued in evidence of the City's obli- gations under the Loan Agreement. The Bonds shall be dated August 1, 2023, shall be issued in the denomination of $5,000 each or any integral multiple thereof and shall mature on June 1 in each of the years, in the respective principal amounts, and bearing interest at the Section 4. UMB Bank, n.a., West Des Moines, Iowa, is hereby designated as the Registrar and Paying Agent for the Bonds and may be hereinafter referred to as the "Regis- trar" or the "Paying Agent." The City shall enter into an agreement (the "Registrar/Paying Agent Agreement") with the Registrar, in sub- stantially the form as has been placed on file with the Council; the Mayor and City Clerk are hereby authorized and directed to sign the Registrar/Paying Agent Agreement on behalf of the City; and the Registrar/Paying Agent Agreement is hereby approved. The City reserves the right to optionally pre- pay part or all of the principal of the Bonds ma- turing in the years 2032 to 2043, inclusive, prior to and in any order of maturity on June 1, 2031, or on any date thereafter upon terms of par and accrued interest. If less than all of the Bonds of any like maturity are to be redeemed, the par- ticular part of those Bonds to be redeemed shall be selected by the Registrar by lot. The Bonds may be called in part in one or more units of $5,000. If less than the entire principal amount of any Bond in a denomination of more than $5,000 is to be redeemed, the Registrar will is- sue and deliver to the registered owner thereof, upon surrender of such original Bond, a new Bond or Bonds, in any authorized denomina- tion, in a total aggregate principal amount equal to the unredeemed balance of the origi- nal Bond. Notice of such redemption as afore- said identifying the Bond or Bonds (or portion thereof) to be redeemed shall be sent by elec- tronic means or by certified mail to the regis- tered owners thereof at the addresses shown on the City's registration books not less than 30 days prior to such redemption date. All of such Bonds as to which the City reserves and exer- cises the right of redemption and as to which notice as aforesaid shall have been given and for the redemption of which funds are duly pro- vided, shall cease to bear interest on the re- demption date. Page 1101 of 2498 Book 153 Regular Session, July 17, 2023 286 Accrued interest on the Bonds shall be pay- able semiannually on the first day of June and December in each year, commencing Decem- ber 1, 2023. Interest shall be calculated on the basis of a 360-day year comprised of twelve 30-day months. Payment of interest on the Bonds shall be made to the registered owners appearing on the registration books of the City at the close of business on the fifteenth day of the month next preceding the interest payment date and shall be paid to the registered owners at the addresses shown on such registration books. Principal of the Bonds shall be payable in lawful money of the United States of America to the registered owners or their legal repre- sentatives upon presentation and surrender of the Bond or Bonds at the office of the Paying Agent. The Bonds shall be executed on behalf of the City with the official manual or facsimile sig- nature of the Mayor and attested with the offi- cial manual or facsimile signature of the City Clerk and shall be fully registered Bonds with- out interest coupons. In case any officer whose signature or the facsimile of whose signature appears on the Bonds shall cease to be such officer before the delivery of the Bonds, such signature or such facsimile signature shall nev- ertheless be valid and sufficient for all pur- poses, the same as if such officer had re- mained in office until delivery. The Bonds shall not be valid or become ob- ligatory for any purpose until the Certificate of Authentication thereon shall have been signed by the Registrar. The Bonds shall be fully registered as to principal and interest in the names of the own- ers on the registration books of the City kept by the Registrar, and after such registration, pay- ment of the principal thereof and interest thereon shall be made only to the registered owners or their legal representatives or as- signs. Each Bond shall be transferable only upon the registration books of the City upon presentation to the Registrar, together with ei- ther a written instrument of transfer satisfactory to the Registrar or the assignment form thereon completed and duly executed by the registered owner or the duly authorized attorney for such registered owner. The record and identity of the owners of the Bonds shall be kept confidential as provided by Section 22.7 of the Code of Iowa. Section 5. Notwithstanding anything above to the contrary, the Bonds shall be issued ini- tially as Depository Bonds, with one fully regis- tered Bond for each maturity date, in principal amounts equal to the amount of principal ma- turing on each such date, and registered in the name of Cede & Co., as nominee for The De- pository Trust Company, New York, New York ("DTC"). On original issue, the Bonds shall be deposited with DTC for the purpose of maintaining a book -entry system for recording the ownership interests of its participants and the transfer of those interests among its partic- ipants (the "Participants"). In the event that DTC determines not to continue to act as secu- rities depository for the Bonds or the City de- termines not to continue the book -entry system for recording ownership interests in the Bonds with DTC, the City will discontinue the book -en- try system with DTC. If the City does not select another qualified securities depository to re- place DTC (or a successor depository) in order to continue a book -entry system, the City will register and deliver replacement Bonds in the form of fully registered certificates, in author- ized denominations of $5,000 or integral multi- ples of $5,000, in accordance with instructions from Cede & Co., as nominee for DTC. In the event that the City identifies a qualified securi- ties depository to replace DTC, the City will register and deliver replacement Bonds, fully registered in the name of such depository, or its nominee, in the denominations as set forth above, as reduced from time to time prior to maturity in connection with redemptions or re- tirements by call or payment, and in such event, such depository will then maintain the book -entry system for recording ownership in- terests in the Bonds. Ownership interests in the Bonds may be purchased by or through Participants. Such Participants and the persons for whom they ac- quire interests in the Bonds as nominees will not receive certificated Bonds, but each such Participant will receive a credit balance in the records of DTC in the amount of such Partici- pant's interest in the Bonds, which will be con- firmed in accordance with DTC's standard pro- cedures. Each such person for which a Partici- pant has an interest in the Bonds, as nominee, may desire to make arrangements with such Participant to have all notices of redemption or other communications of the City to DTC, which may affect such person, forwarded in writing by such Participant and to have notifica- tion made of all interest payments. The City will have no responsibility or obli- gation to such Participants or the persons for whom they act as nominees with respect to payment to or providing of notice for such Par- ticipants or the persons for whom they act as nominees. As used herein, the term "Beneficial Owner" shall hereinafter be deemed to include the person for whom the Participant acquires an interest in the Bonds. DTC will receive payments from the City, to be remitted by DTC to the Participants for sub- sequent disbursement to the Beneficial Own- ers. The ownership interest of each Beneficial Owner in the Bonds will be recorded on the rec- ords of the Participants whose ownership inter- est will be recorded on a computerized book - Page 1102 of 2498 Book 153 Regular Session, July 17, 2023 287 entry system kept by DTC. When reference is made to any action which is required or permitted to be taken by the Beneficial Owners, such reference shall only relate to those permitted to act (by statute, regulation or otherwise) on behalf of such Ben- eficial Owners for such purposes. When no- tices are given, they shall be sent by the City to DTC, and DTC shall forward (or cause to be forwarded) the notices to the Participants so that the Participants can forward the same to the Beneficial Owners. Beneficial Owners will receive written con- firmations of their purchases from the Partici- pants acting on behalf of the Beneficial Owners detailing the terms of the Bonds acquired. Transfers of ownership interests in the Bonds will be accomplished by book entries made by DTC and the Participants who act on behalf of the Beneficial Owners. Beneficial Owners will not receive certificates representing their own- ership interest in the Bonds, except as specifi- cally provided herein. Interest and principal will be paid when due by the City to DTC, then paid by DTC to the Participants and thereafter paid by the Participants to the Beneficial Owners. Section 6. The Bonds shall be in substan- tially the [provided] form: Section 7. The Bonds shall be executed as herein provided as soon after the adoption of this resolution as may be possible, and there- upon they shall be delivered to the Registrar for registration, authentication and delivery to or on behalf of the Purchaser, upon receipt of the loan proceeds ($6,116,090.05), including origi- nal issue premium ($64,696.30), and minus the original issue discount ($38,606.25) (the "Loan Proceeds"), and all action heretofore taken in connection with the Loan Agreement is hereby ratified and confirmed in all respects. A portion of the Loan Proceeds ($86,990.05) shall be retained by the Pur- chaser as the underwriter's discount. A portion of the Loan Proceeds ($5,731,916.67) (the "Project Proceeds") re- ceived from the sale of the Bonds shall be de- posited in a dedicated fund (the "Project Fund"), which is hereby created, to be used for the payment of costs of the Projects and to the extent that Project Proceeds remain after the full payment of the costs of the Projects, such Proceeds, shall be transferred to the Debt Ser- vice Fund for the payment of interest on the Bonds. The Loan Proceeds received as capitalized interest proceeds ($242,683.33) shall be de- posited into the Debt Service Fund for payment of interest on the Bonds as the same becomes due. The remainder of the Loan Proceeds ($54,500) (the "Cost of Issuance Proceeds"), received from the sale of the Bonds shall be deposited in the Project Fund, and shall be used for the payment of costs of issuance of the Bonds, and to the extent that Cost of Issu- ance Proceeds remain after the full payment of the costs of issuance of the Bonds, such Cost of Issuance Proceeds shall be transferred to the Debt Service Fund for the payment of inter- est on the Bonds. The City shall keep a detailed and segre- gated accounting of the expenditure of, and in- vestment earnings on, the Loan Proceeds to ensure compliance with the requirements of the Internal Revenue Code, as hereinafter de- fined. Section 8. For the purpose of providing for the levy and collection of a direct annual tax sufficient to pay the principal of and interest on the Bonds as the same become due, there is hereby ordered levied on all the taxable prop- erty in the City the following direct annual tax for collection in each of the following fiscal years: For collection in the fiscal year beginning July 1, 2024, sufficient to produce the net annual sum of $491,220; For collection in the fiscal year beginning July 1, 2025, sufficient to produce the net annual sum of $496,220; For collection in the fiscal year beginning July 1, 2026, sufficient to produce the net annual sum of $488,320; For collection in the fiscal year beginning July 1, 2027, sufficient to produce the net annual sum of $485,120; For collection in the fiscal year beginning July 1, 2028, sufficient to produce the net annual sum of $488,620; For collection in the fiscal year beginning July 1, 2029, sufficient to produce the net annual sum of $481,370; For collection in the fiscal year beginning July 1, 2030, sufficient to produce the net annual sum of $483,870; For collection in the fiscal year beginning July 1, 2031, sufficient to produce the net annual sum of $485,620; For collection in the fiscal year beginning July 1, 2032, sufficient to produce the net annual sum of $483,580; For collection in the fiscal year beginning July 1, 2033, sufficient to produce the net annual sum of $485,965; For collection in the fiscal year beginning July 1, 2034, sufficient to produce the net annual sum of $487,545; For collection in the fiscal year beginning July 1, 2035, sufficient to produce the net annual sum of $493,305; For collection in the fiscal year beginning July 1, 2036, sufficient to produce the net annual sum of $498,005; For collection in the fiscal year beginning July 1, 2037, sufficient to produce the net annual sum of $496,625; Page 1103 of 2498 Book 153 Regular Session, July 17, 2023 288 For collection in the fiscal year beginning July 1, 2038, sufficient to produce the net annual sum of $499,375; For collection in the fiscal year beginning July 1, 2039, sufficient to produce the net annual sum of $501,008; For collection in the fiscal year beginning July 1, 2040, sufficient to produce the net annual sum of $506,503; For collection in the fiscal year beginning July 1, 2041, sufficient to produce the net annual sum of $505,603; and For collection in the fiscal year beginning July 1, 2042, sufficient to produce the net annual sum of $508,523. Section 9. A certified copy of this resolution shall be filed with the County Auditor of Dubu- que County, and the County Auditor is hereby instructed to enter for collection and assess the tax hereby authorized. When annually entering such taxes for collection, the County Auditor shall include the same as a part of the tax levy for Debt Service Fund purposes of the City and when collected, the proceeds of the taxes shall be converted into the Debt Service Fund of the City and set aside therein as a special account to be used solely and only for the payment of the principal of and interest on the Bonds hereby authorized and for no other purpose whatsoever. Pursuant to the provisions of Section 76.4 of the Code of Iowa, each year while the Bonds remain outstanding and unpaid, any funds of the City which may lawfully be applied for such purpose, including incremental property tax revenues as provided for in Section 403.19 of the Code of Iowa, may be appropriated, budg- eted and, if received, used for the payment of the principal of and interest on the Bonds as the same become due, and if so appropriated, the taxes for any given fiscal year as provided for in Section 8 of this Resolution, shall be re- duced by the amount of such alternate funds as have been appropriated for said purpose and evidenced in the City's budget. The City hereby reaffirms its intent to budget and appro- priate incremental property tax revenues for the payment of some or all of the portion of principal of and interest on the Bonds attributa- ble to the Urban Renewal Project identified in the preamble hereof. Section 10. The interest or principal and both of them falling due in any year or years shall, if necessary, be paid promptly from cur- rent funds on hand in advance of taxes levied and when the taxes shall have been collected, reimbursement shall be made to such current funds in the sum thus advanced. Section 11. The Securities and Exchange Commission (the "SEC") has promulgated cer- tain amendments to Rule 15c2-12 under the Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2-12) (the "Rule") that make it unlawful for an underwriter to participate in the primary offering of municipal securities in a principal amount of $1,000,000 or more unless, before submitting a bid or entering into a purchase contract for the bonds, an underwriter has rea- sonably determined that the issuer or an obli- gated person has undertaken in writing for the benefit of the bondholders to provide certain disclosure information to prescribed infor- mation repositories on a continuing basis or un- less and to the extent the offering is exempt from the requirements of the Rule. On the date of issuance and delivery of the Bonds, the City will execute and deliver a Con- tinuing Disclosure Certificate pursuant to which the City will undertake to comply with the Rule. The City covenants and agrees that it will com- ply with and carry out the provisions of the Con- tinuing Disclosure Certificate. Any and all of the officers of the City are hereby authorized and directed to take any and all actions as may be necessary to comply with the Rule and the Continuing Disclosure Certificate. Section 12. The Mayor and the City Clerk are authorized to execute and deliver any and all documents required by bond counsel to ef- fectuate the purposes of this resolution and to issue the Bonds, including without limitation purchase agreements and closing certificates. Section 13. All resolutions or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 14. This resolution shall be in full force and effect immediately upon its approval and adoption, as provided by law. Passed, adopted, and approved this 17th day of July 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Investment Policy Certificate of Excel- lence Award: Motion by Resnick to receive and file the documents. Seconded by Farber. City Manager Van Milligen transmitted the notifica- tion of the City of Dubuque receiving the Asso- ciation of Public Treasurers of the United States & Canada's 2023 Investment Policy Certificate of Excellence Award for the City's comprehensive investment policy. City Council Members congratulated Ms. Larson and her team on the accomplishment. Motion carried 6- 0. 4. Submission of Fiscal Year Ended June 30, 2022 Annual Comprehensive Financial Re- port (ACFR) and Results of the 2022 Financial Statement Audit, Including Required Commu- nications: Motion by Wethal to receive and file the documents and listen to the presentation. Seconded by Roussell. Ms. Larson made a presentation on the Fiscal Year 2022 (ACFR). Page 1104 of 2498 Book 153 Regular Session, July 17, 2023 289 City Council Members commended the audit results not consisting of any findings. Motion carried 6-0. 5. Dubuque Audubon Society Proposal for Grassland Preserve: Motion by Wethal to re- ceive and file the documents and refer to the City Council for discussion. Seconded by Far- ber. Mayor Cavanagh summarized his reason- ing for placing this proposal from Ken Kiss of the Dubuque Audubon Society on the agenda and read an email that he sent to members of the public who contacted him regarding this re- quest. Responding to a question from the City Council, City Attorney Brumwell stated that City Council Members can have discussions about agenda items with other individual City Council Members, but that serial meetings and quor- ums outside of public meetings were not per- mitted per the Iowa Open Meetings Law. When asked by City Council whether the city must take any specific action regarding the federally protected bird species identified at the Dubu- que Industrial Park, City Manager Van Milligen and City Attorney Brumwell both stated they could not confirm at this time. James Olson, 867 Cleveland Ave., stated that the birds iden- tified at the Dubuque Industrial Park are not en- dangered but are still considered significant species of grassland birds whose populations have been impacted by various factors. Re- sponding to questions from the City Council, City Manager Van Milligen stated that the city is not eligible for a specific United States Fish and Wildlife Service Program in support of the bird species because the city does not meet the program's minimum population require- ment, but that other programs may be consid- ered. City Manager Van Milligen further stated that many city departments may be involved in researching additional information if City Coun- cil directs this request to city staff. City Council Members discussed the proposal and deter- mined that the city's legal responsibilities re- garding applicable federal protections toward the bird species at the Dubuque Industrial Park needed to be confirmed. The City Council con- cluded that additional information was needed for the proposal and that the proposal would need to be an established goal during the City Council's annual goal setting process before city staff conducted further work on the pro- posal. City Council Members encouraged the Dubuque Audubon Society to perform further research to identify other potential properties suitable for the bird species. Motion carried 6- 0. 6. Automated Solid Waste Curbside Collec- tion System Implementation Update: Motion by Resnick to receive and file the documents and listen to the presentation. Seconded by Sprank. Public Works Director John Klostermann introduced Resource Manage- ment Coordinator Jacob Jansen, who made a presentation on the implementation plan for the automated solid waste conveyance system and continued progress reporting. City Council Members thanked Public Works staff for work- ing with individuals who needed an accommo- dation for the tipper cart program and ex- pressed enthusiasm for the implementation's progress. Motion carried 6-0. 7. Kerper Court and Kerper Boulevard In- tersection Improvement Project: Motion by Sprank to receive and file the documents and adopt Resolution No. 236-23 Awarding public improvement contract for the Kerper Court and Kerper Boulevard Intersection Improvement Project. Seconded by Wethal. City Council Members expressed enthusiasm for this pro- ject. Motion carried 6-0. RESOLUTION NO. 236-23 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE KERPER COURT AND KERPER BOULEVARD INTERSECTION IM- PROVEMENT PROJECT Whereas, sealed proposals have been sub- mitted by contractors for the Kerper court and Kerper Boulevard Intersection Improvement Project, (the Project) pursuant to Resolution No. 173-23 and Notice to Bidders published on the City of Dubuque, Iowa website and plan room service with statewide circulation on the 16th day of June 2023; and Whereas, said sealed proposals were opened and read on the 7th day of July 2023 and it has been determined that Eastern Iowa Excavating and Concrete LLC of Cascade, Iowa, submitted low bid in the amount of $1,061,072.28, and is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Eastern Iowa Ex- cavating and Concrete LLC and the City Man- ager is hereby directed to execute a Public Im- provement Contract on behalf of the City of Dubuque for the Project. Passed, adopted, and approved this 17th day of July 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 8. Adoption of a Policy for City Acceptance of Streets in Commercial Subdivisions: Motion by Roussell to receive and file the documents and adopt Resolution No. 237-23 Adopting a policy for city acceptance of streets in commer- cial subdivisions. Seconded by Sprank. Re- sponding to a question from the City Council, City Manager Van Milligen stated that this Page 1105 of 2498 Book 153 Regular Session, July 17, 2023 290 policy provides developers the choice to decide whether streets in commercial subdivisions will be public or private. City Council Members thanked city staff for swiftly proposing this pol- icy swiftly after it was presented at the June 26, 2023, Economic Development work session. Motion carried 6-0. RESOLUTION NO. 237-23 ADOPTING A POLICY FOR CITY AC- CEPTANCE OF STREETS IN COMMERCIAL SUBDIVISIONS Whereas, from 2006 to the date of this res- olution, the City has not accepted streets as public in commercial subdivision; and Whereas, the City is proposing that a new policy on street ownership in commercial sub- divisions be adopted; and Whereas, including public streets in com- mercial subdivisions allows greater vehicular, bicycle, and pedestrian connections which fur- thers the City Council Goal of "Connected Community: Equitable Transportation, Tech- nology Infrastructure, and Mobility"; and Whereas, providing developers options on street ownership will likely attract development in the area which furthers the City Council Goal of "Robust Local Economy: Diverse Busi- nesses and Jobs with Economic Prosperity"; and Whereas, the City now wishes to adopt a policy providing the requirements for City ac- ceptance of streets in commercial subdivisions according to the [provided] Policy for City Ac- ceptance of Streets in Commercial Subdivi- sions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City does hereby approve and adopt the [provided] Policy for City Ac- ceptance of Streets in Commercial Subdivi- sions. Section 2. The Policy for City Acceptance of Streets in Commercial Subdivisions shall al- low for project -specific exemptions to be ap- proved by the City Council, or the City Manager where the project does not come before the City Council. Passed, approved, and adopted this 17t" day of July, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 9. Corrected Legal Description for Ordi- nance 30-23 for the Dubuque Industrial Center Economic Development District, Version 2023.3: Motion by Resnick 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 sus- pended. Seconded by Farber. Motion carried 6-0. Motion by Resnick for final consideration and passage of Ordinance No. 30-23-A Cor- recting and amending Ordinance No. 30-23, previously amended, providing that general property taxes levied and collected each year on all property located within the amended and restated Dubuque Industrial Center Economic Development District Urban Renewal Area of the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, includ- ing bonds issued or to be issued, incurred by said city in connection with the Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Redevel- opment Project by adding Subarea T to the Di- vision of Revenues. Seconded by Farber. Mo- tion carried 6-0. ORDINANCE NO. 30-23-A CORRECTING AND AMENDING ORDI- NANCE NO. 30-23, PREVIOUSLY AMENDED, PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COL- LECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE AMENDED AND RE- STATED DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT UR- BAN RENEWAL AREA OF THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF DUBUQUE, COUNTY OF DUBUQUE, DUBUQUE COM- MUNITY SCHOOL DISTRICT, AND OTHER TAXING DISTRICTS, BE PAID TO A SPE- CIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES AD- VANCED TO AND INDEBTEDNESS, IN- CLUDING BONDS ISSUED OR TO BE IS- SUED, INCURRED BY SAID CITY IN CON- NECTION WITH THE AMENDED AND RE- STATED DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT UR- BAN RENEWAL REDEVELOPMENT PRO- JECT BY ADDING SUBAREA T TO THE DI- VISION OF REVENUES Whereas, the Amended and Restated Ur- ban Renewal Plan for the Dubuque Industrial Center Economic Development District (the "District") described in Resolution No. 130-88 was adopted on May 2, 1988 and was thereaf- ter amended and restated by Resolution No. 484-90 on December 17, 1990, Resolution No. 142-97 on April 7, 1997, Resolution No. 478-97 on November 17, 1997, Resolution No. 15-08 on January 7, 2008, Resolution No. 101-08 on March 17, 2008, Resolution No. 109-08 on April 7, 2008, Resolution No. 87-11 on March Page 1106 of 2498 Book 153 Regular Session, July 17, 2023 291 7, 2011, Resolution No. 171-13 on June 3, Section 1: For purposes of this Ordi- 2013, Resolution No. 197-15 on June 1, 2015, nance, the following terms shall have the Resolution No. 309-15 on September 8, 2015, following meanings: Resolution No. 132-16 on September 19, 2016, (a) Original Project Area means that Resolution No. 157-18 and Resolution No. portion of the City of Dubuque, Iowa de- 158-18 on May 21, 2018, Resolution 380-18 on scribed in the Urban Renewal Plan for the December 17, 2018, Resolution 125-21 and District approved by Resolution No. 130- Resolution 126-21 on April 19, 2021, Resolu- 88 on May 2, 1988, and subsequently tion 323-21 and Resolution 324-21 on Septem- amended by Resolution No. 484-90 on ber 20, 2021, Resolution 387-21 on November December 17, 1990, which Original Pro- 1, 2021, Resolution 197-22 on May 16, 2022, ject Area includes the lots and parcels lo- by Resolution 289-22 on September 6, 2022, cated within the area now legally de - by Resolution No. 290-22 on September 6, scribed as follows: 2022, by Resolution 73-23 on March 20, 2023, All of Dubuque Industrial Center by Resolution 74-23 on March 20, 2023, and Eighth Addition; and by Resolution 180-23 on June 5, 2023 (as All of Lot 1 Dubuque Industrial Cen- amended and restated, the "Urban Renewal ter 13th Addition; and Plan" or "Amended and Restated Urban Re- Lot 2 Dubuque Industrial Center newal Plan"); and 13th Addition; and Whereas, the City Council of the City of Lot 1-2-2 Dubuque Industrial Center Dubuque, Iowa originally provided for the divi- Fifth Addition; and sion of taxes pursuant to Section 403.19 of the Lot 1 Dubuque Industrial Center Code of Iowa within the District in Ordinance Fifth Addition; and No. 26-88 passed and approved on May 2, Lot 1 Dubuque Industrial Center 1988 and thereafter amended and restated by 11th Addition; and Ordinance No. 63-88 on December 5, 1988, by Lot 1 of 2 of Dubuque Industrial Ordinance No. 66-97 on November 17, 1997, Center Fifth Addition; and by Ordinance No. 70-08 on October 20, 2008, Lot 1 of 2 of Dubuque Industrial by Ordinance No. 10-14 on February 3, 2014, Center Fifth Addition; and by Ordinance No. 39-15 on June 1, 2015, by Lot 1-3 Dubuque Industrial Center Ordinance No. 55-15 on September 8, 2015, 12th Addition; and by Ordinance No. 49-16 on September 19, Lot 1 of lot 3 of final plat of lot 1 of 2016, Ordinance 18-18 on May 21, 2018, by Dubuque Industrial Center First Addi- Ordinance 45-18 on December 17, 2018, by tion; and Ordinance 15-21 and Ordinance 16-21 on April Lot 1 Dubuque Industrial Center 19, 2021, by Ordinance 22-21 on June 7, 2021, 10th Addition; and by Ordinance 31-21 and Ordinance 32-21 on Lot 2-3 Dubuque Industrial Center September 20, 2021, by Ordinance 37-21 on 12th Addition; and November 1, 2022, by Ordinance 21-22 on Lots 1 & 2 of final plat of lot 1 of May 16, 2022, by Ordinance 28-22 on Septem- Dubuque Industrial Center First Addi- ber 6, 2022, by Ordinance 28-22A on Novem- tion; and ber 7, 2022, by Ordinance 10-23 on March 20, Lot 1 Dubuque Industrial Center 2023, and by Ordinance 30-23 on June 5, 12th Addition; and 2023; and Lot 2 Dubuque Industrial Center Whereas, indebtedness has been incurred Ninth Addition; and by the City, and additional indebtedness is an- Lot 2 Dubuque Industrial Center ticipated to be incurred in the future, to finance 12th Addition; and urban renewal project activities within the Dis- Lot 2-2 Dubuque Industrial Center trict, and the continuing needs of redevelop- Sixth Addition; and ment within the District are such as to require Lot 3 Dubuque Industrial Center the continued application of the incremental tax Ninth Addition; and resources of the District; and Lot 1 Dubuque Industrial Center Whereas, the following enactment is nec- Sixth Addition; and essary to accomplish the objectives described Lot 2 of 2 Dubuque Industrial Center in the premises. 7th Addition; and NOW, THEREFORE, BE IT ORDAINED Lot 2-1 Walter Addition; and BY THE CITY COUNCIL OF THE CITY OF Lot 2-1 Walter Addition; and DUBUQUE, IOWA, THAT: And all adjoining public right-of-way, Ordinance Number 30-23-A is hereby all in the City of Dubuque, Dubuque amended to read as follows: County, Iowa. Section 1. Section 1 is amended to read as The Original Project Area is referred follows: to as "Subarea A" in the Urban Renewal Plan hereinafter described. Page 1107 of 2498 Book 153 Regular Session, July 17, 2023 292 (b) Subarea B has been removed the City of Dubuque, Iowa, and Dubuque from the division of revenues by Ordi- County described as Subarea F in the nance 22-21 on June 7, 2021. Amended and Restated Urban Renewal (c) Subarea C means that portion of Plan for the District approved by Resolu- the City of Dubuque, Iowa described as tion No. 197-15 on June 1, 2015, which Subarea C in the Amended and Restated Subarea F includes the lots and parcels Urban Renewal Plan for the District ap- located within the area legally described proved by Resolution No. 289-22 on Sep- as follows: tember 6, 2022, which Subarea C in- Lot one (1) of Graf Farm Subdivision cludes the lots and parcels located within #2, Dubuque County, Iowa, according the area legally described as follows: to the recorded plat thereof; Lots 1 and 2 of Dubuque Industrial Lot 1 of Lot 1 of Lot 1 of Lot 1 of Center North Second Addition; West One-half of Northeast One-quar- Lots 2, 3, C and A of Dubuque In- ter, Section 25, Township 89 North, dustrial Center North First Addition, ex- Range 1 East of the 5th P.M., in Center cepting that Part of said Lot A originally Township, Dubuque County, Iowa; platted as Lot 2 of the SW 1/4 of the NW Lot 2 in "W.A. Norman Place" in '/4 of Sec. 30, T89N, R2E of the 5th PM; Section 25, Center Township, Dubuque and County, Iowa, according to the plat any adjoining public street right -of- thereof; and way, all in the City of Dubuque, Dubu- The NW 1/4 of the SE 1/4 of Section que County, Iowa, 25, Township 89 North, Range 1 East EXCEPT those lots and parcels in- of the 5th P.M., in Center Township, cluded in Subarea K, those lots and par- Dubuque County, Iowa. cels included in Subarea O, and those (g) Subarea G means that portion of lots and parcels included in Subarea R. the City of Dubuque, Iowa, and Dubuque (d) Subarea D means that portion of County described as Subarea G in the the City of Dubuque, Iowa described as Amended and Restated Urban Renewal Subarea D in the Amended and Restated Plan for the District approved by Resolu- Urban Renewal Plan for the District ap- tion No. 309-15 on September 8, 2015, proved by Resolution No. 109-08 on April which Subarea G includes the lots and 7, 2008, which Subarea D includes the parcels located within the area legally de - lots and parcels located within the area scribed as follows: legally described as follows: The South one-half of the Northwest Lots 1, 2, and B and all of the right of Quarter of Section 29, Township 89 way of Chavenelle Court in Dubuque In- North, Range 2 East of the 5th P.M., in dustrial Center West 8th Addition in the the City of Dubuque, Iowa. City of Dubuque, Dubuque County, Iowa. Lot 1 of Lot 1 of the Northwest Quar- (e) Subarea E means that portion of ter of the Northwest Quarter of Section the City of Dubuque, Iowa described as 29, Township 89 North, Range 2 East Subarea E in the Amended and Restated of the 5th P.M., in the City of Dubuque, Urban Renewal Plan for the District ap- Iowa. proved by Resolution No. 73-23 on March Lot 2 of McFadden Farm Place #2, 20, 2023, which Subarea E includes the in the City of Dubuque, Iowa. lots and parcels located within the area Lot 2 of McFadden Farm Place, in legally described as follows: the City of Dubuque, Iowa. All of Dubuque Industrial Center Lot A of Lot 1 of 1 of the Southwest South First Addition in the City of Dubu- Quarter of the Southwest Quarter of que, Iowa, except Lot 2 of Dubuque In- Section 29, Township 89 North, Range dustrial Center South First Addition in 2 East of the 5th P.M., in the City of the City of Dubuque, Iowa; and Dubuque, Iowa. All of Seippel Road right of way from Lot A of Lot 1 of 1 of the Northwest the north boundary line of Lot 1 of 1 of Quarter of the Southwest Quarter of South Fork Subdivision No. 1 in the City Section 29, Township 89 North, Range of Dubuque, to the south boundary lines 2 East of the 5th P.M., in the City of of Lot H of Dubuque Industrial Center Dubuque, Iowa. West and Lot 1 of Dubuque Industrial All in the City of Dubuque, Dubuque Center West 2nd Addition in the City of County, Iowa. Dubuque, Dubuque County, Iowa, in- (h) Subarea H means that portion of cluding crossings at the intersections of the City of Dubuque, Iowa, and Dubuque Old Highway Road and Chicago Cen- County described as Subarea H in the tral & Pacific Railroad rights -of -way. Amended and Restated Urban Renewal (f) Subarea F means that portion of Plan for the District approved by Page 1108 of 2498 Book 153 Regular Session, July 17, 2023 293 Resolution No. 332-16 on September 19, Lot 1 of Loretta Bahl's Homestead, 2016, which Subarea H includes the lots in the City of Dubuque, Iowa, comprised and parcels located within the area legally of Lot 1 of the West 30 Acres of the described as follows: Southwest'/ of the Southeast'/4, Sec - Lot 1 of the Northeast '/4 of the tion 19, Township 89 North, Range 2 Northeast'/4, and Lot 2 of Lot 1 of Lot 1 East of the 5th P.M. all in the City of of Lot 2 of the Northeast'/ of the North- Dubuque, Dubuque County, Iowa. east'/4, of Section 30, in Township 89 (m) Subarea M means that portion of North, Range 2 East of the 5th P.M., in the City of Dubuque, Iowa described as the City of Dubuque, Iowa. Subarea M in the Amended and Restated (i) Subarea I means that portion of the Urban Renewal Plan for the District ap- City of Dubuque, Iowa, and Dubuque proved by Resolution 380-18 on Decem- County described as Subarea I in the ber 17, 2018, which Subarea M includes Amended and Restated Urban Renewal the lots and parcels located within the Plan for the District approved by Resolu- area legally described as follows: tion No. 332-16 on September 19, 2016, Lot 2 of the Subdivision of Lot 2 of which Subarea I includes the lots and par- the Northeast '/4 of the Northeast '/4 of cels located within the area legally de- Section 30, Township 89 North, Range scribed as follows: 2 East of the 5th P.M. all in the City of Lot 2 Seippel Road Place #2, Dubu- Dubuque, Dubuque County, Iowa. que County, Iowa. (n) Subarea N means that portion of Lot 2-1-1 of the Southeast Quarter the City of Dubuque, Iowa described as of the Southeast Quarter of Section 25, Subarea N in the Amended and Restated Township 89 North, Range 2 East of the Urban Renewal Plan for the District ap- 5th P.M., Dubuque County, Iowa proved by Resolution 126-21 on April 19, 0) Subarea J means that portion of 2021, which Subarea N includes the lots the City of Dubuque, Iowa, and Dubuque and parcels located within the area legally County described as Subarea J in the described as follows: Amended and Restated Urban Renewal Lot 1 of Dubuque Industrial Center Plan for the District approved by Resolu- North First Addition, in the City of Dubu- tion No. 332-16 on September 19, 2016, que, Iowa; and which Subarea J includes the lots and All of the street right of way of Inno- parcels located within the area legally de- vation Drive adjacent to Lot 1 of Dubu- scribed as follows: que Industrial Center North First Addi- Lot 2 Julien Care Place, Dubuque tion, in the City of Dubuque, Iowa. County, Iowa. All in the City of Dubuque, Iowa Lot 3 Julien Care Place, Dubuque (o) Subarea O means that portion of County, Iowa the City of Dubuque, Iowa removed from Lot 2-1 Julien Care Place, Dubuque Subarea C and now described as Sub - County, Iowa area O in the Amended and Restated Ur- (k) Subarea K means that portion of ban Renewal Plan for the District ap- the City of Dubuque, Iowa, removed from proved by Resolution 324-21 on Septem- Subarea C of the District by Version ber 20, 2021, which Subarea O includes 2018.1 of the Amended and Restated the lots and parcels located within the Plan for the District approved by Resolu- area legally described as follows: tion No. 157-18, and added to the District Lot 2 of Dubuque Industrial Center by Version 2018.2 of the Amended and North Third Addition, in the City of Restated Plan for the District approved by Dubuque, Iowa; and Resolution No. 158-18 as Subarea K, all A Part of Lot C in Dubuque Indus - on May 21, 2018, which Subarea K in- trial Center North First Addition in the cludes the lots and parcels located within City of Dubuque, Iowa, being more par - the area legally described as follows: ticularly described as follows: Lot 1 of Dubuque Industrial Center Commencing at the northwest cor- North Third Addition, in the City of ner of Lot 1 in Dubuque Industrial Cen- Dubuque, Iowa. ter North Second Addition in the City of (1) Subarea L means that portion of Dubuque, Iowa; the City of Dubuque, Iowa described as Thence North 87 degrees 35 Subarea L in the Amended and Restated minutes 13 seconds East along the Urban Renewal Plan for the District ap- north line of said Lot 1, 65.47 ft. to the proved by Resolution 380-18 on Decem- Point of Beginning; ber 17, 2018, which Subarea L includes Thence North 87 degrees 35 the lots and parcels located within the minutes 13 seconds East continuing area legally described as follows: along said north line of Lot 1, 467.29 ft.; Page 1109 of 2498 Book 153 Regular Session, July 17, 2023 294 Thence South 82 degrees 04 Northeast 1/4 of the Northeast 1/4 and minutes 06 seconds East continuing of Lot 2 of the Southeast 1/4 of the along said north line of Lot 1, 212.63 ft.; Northeast 1/4, all in Section 14, Town - Thence North 19 degrees 12 ship 88 North, Range 2 East of the 5th minutes 36 seconds East, 433.37 ft., to P.M., County of Dubuque, State of a point on the easterly line of Lot 2 in Iowa, containing 11.95 acres and as Dubuque Industrial Center North Third shown and described in the Warranty Addition in the City of Dubuque, Iowa; Deed filed as Instrument Number 2010- Thence North 90 degrees 00 00003964 in the Dubuque County Re - minutes 00 seconds West, 231.12 ft.; corder's Office, and excepting there - Thence North 60 degrees 11 from that land acquired for highway minutes 47 seconds West, 280.07 ft.; right of way by the Iowa Department of Thence North 51 degrees 38 Transportation known as Lot B of Lot 1 minutes 25 seconds West, 318.12 ft.; of Lot 1 of the Northeast 1/4 of the Thence South 57 degrees 28 Northeast 1/4 and of Lot 2 of the South - minutes 14 seconds West, 86.87 ft.; east 1/4 of the Northeast 1/4, all in Sec - Thence South 18 degrees 59 tion 14, Township 88 North, Range 2 minutes 51 seconds East, 140.84 ft.; East of the 5th P.M., County of Dubu- Thence South 51 degrees 57 que, State of Iowa, containing 0.62 minutes 52 seconds East, 101.08 ft.; acres and as shown and described in Thence South 01 degree 57 the Warranty Deed filed as Instrument minutes 06 seconds East, 108.09 ft.; Number 2011-00011776 in the Dubu- Thence South 33 degrees 59 que County Recorder's Office; and minutes 54 seconds East, 90.10 ft.; All that land acquired for highway Thence South 44 degrees 57 right of way by the Iowa Department of minutes 34 seconds East, 130.53 ft.; Transportation known as Lot A of Lot 1 Thence South 12 degrees 19 of the Northwest 1/4 of the Northeast minutes 12 seconds West, 171.97 ft.; 1/4 and of Lot 1 of Lot 1 of the Northeast Thence South 87 degrees 35 1/4 of the Northeast 1/4 and of Lot 2 of minutes 13 seconds West, 260.33 ft.; the Southeast 1/4 of the Northeast 1/4, Thence South 02 degrees 35 all in Section 14, Township 88 North, minutes 19 seconds East, 40.00 ft., to Range 2 East of the 5t1 P.M., County of the Point of Beginning, said part of Lot Dubuque, State of Iowa, containing C contains 6.59 acres, more or less. 11.95 acres and as shown and de - All in the City of Dubuque, Iowa scribed in the warranty deed filed as in- (p) Subarea P means that portion of strument number 2010-00003964 in the Dubuque County and the City of Dubu- Dubuque County Recorder's Office, que, Iowa described as Subarea P in the and Amended and Restated Urban Renewal All that land acquired for highway Plan for the District approved by Resolu- right of way by the Iowa Department of tion 387-21 on November 1, 2021, which Transportation known as Lot B of Lot 1 Subarea P includes the lots and parcels of Lot 1 of the Northeast 1/4 of the located within the area legally described Northeast 1/4 and of Lot 2 of the South - as follows: east 1/4 of the Northeast 1/4, all in Sec - Lot 2 of Wertzberger Acres No. 3, in tion 14, Township 88 North, Range 2 Table Mound Township, Dubuque East of the 5th P.M., County of Dubu- County, Iowa, according to the rec- que, State of Iowa, containing 0.62 orded Plat thereof; and acres and as shown and described in The Southwest 1/4 of the Northeast the warranty deed filed as instrument 1/4, Lot 1 of the Northwest 1/4 of the number 2011-00011776 in the Dubu- Northeast 1/4, Lot 1 of Lot 1 of the que County Recorder's Office; and Northeast 1/4 of the Northeast 1/4, and All that land acquired for highway Lot 2 of the Southeast 1/4 of the North- right of way by the Iowa Department of east 1/4, in Section 14, Township 88 Transportation known as Lot A of Lot 2 North, Range 2 East of the 5th P.M., in of the Southwest 1/4 of the Northwest Dubuque County, Iowa, according to 1/4, all in Section 13, Township 88 United States Government Survey and North, Range 2 East of the 5th P.M., the recorded Plats thereof, excepting County of Dubuque, State of Iowa, con - therefrom that land acquired for high- taining 7.50 acres and as shown and way right of way by the Iowa Depart- described in the warranty deed filed as ment of Transportation known as Lot A instrument number 2010-00007163 in of Lot 1 of the Northwest 1/4 of the the Dubuque County Recorder's Office; Northeast 1/4 and of Lot 1 of Lot 1 of the and Page 1110 of 2498 Book 153 Regular Session, July 17, 2023 295 A part of that land acquired for high- 173.35 ft.; thence south 73°41'30" east way right of way by the Iowa Depart- a distance of 115.82 ft.; thence south ment of Transportation known as Lot A 48°36'34" east on the northeasterly line of Lot 2 of 3 of Archdiocese Place No. 2 of said lot 2 of 1 of the northeast 1/4 of at Key West in Section 11, Township 88 the northeast 1/4, 759.07 ft. to the North, Range 2 East of the 5'h P.M., southeast corner of said lot 2 of 1 of the County of Dubuque and of Lot 2 of the northeast 1/4 of the northeast 1/4, also Northwest 1/4 of the Northeast 1/4 and being the northeast corner of said lot 1 of Lot 2 of 1 of the Northeast 1/4 of the of the southeast 1/4 of the northeast Northeast 1/4 and of Lot 1 of the South- 1/4; thence south 02°41'19" east on the east Quarter of the Northeast Quarter, easterly line of said lot 1 of the South- all in Section 14, Township 88 North, east 1/4 of the northeast 1/4, a distance Range 2 East of the 5'h P.M., County of of 954.91 ft. to the present northwest - Dubuque, State of Iowa, containing erly right-of-way line of U.S. highway 51.12 acres and as shown and de- 61; thence south 38°00'39" west on said scribed in the warranty deed filed as in- northwesterly right-of-way line, 485.62 strument number 2011-00018392 in the ft. to the point of beginning, containing Dubuque County Recorder's Office, 31.49 acres, more or less; and more particularly described as follows: An 80-foot-wide strip of land in the Commencing at the east 1/4 corner Southeast Half of Section 31, Township of said section 14; thence south 87° 89 North, Range 2 East, The Southwest (degrees) 30' (minutes) 08" (seconds) Quarter of Section 32, Township 89 west (assumed bearing for the purpose North, Range 2 East, the North Half of of this description) on the south line of Section 5, Township 88 North, Range 2 the northeast 1/4 of said section 14, a East, the Northwest, Northeast, and distance of 316.67 ft. to the southeast Southeast Quarters of Section 4, Town - corner of said lot 1 of the southeast 1/4 ship 88 North, Range 2 East, the South of the northeast 1/4 which is on the pre- Half of Section 3, Township 88 North, sent northwesterly right-of-way line of Range 2 East, the Southwest Quarter of U.S. highway 61, being the point of be- Section 2, Township 88 North, Range 2 ginning of the area herein described; East, the Northwest, Northeast, and thence continuing south 87°30'08" west Southeast Quarters of Section 11, on said south line, also being the south Township 88 North, Range 2 East, and line of said lot 1 of the southeast 1/4 of the Northeast Quarter of Section 14, the northeast 1/4, a distance of 744.37 Township 88 North, Range 2 East, of ft. to the west line of said lot 1 of the the Fifth P.M., centered on the following southeast 1/4 of the northeast 1/4; described line: thence north 01 °46'59" west on said Commencing at the Southeast Cor- west line, 365.46 ft.; thence north ner of Lot B, Dubuque Industrial Center 02°36'29" west on said west line, South First Addition, in the City of Dubu- 258.32 ft. to the northwesterly line of que, Dubuque County, Iowa (Record said lot 1 of the southeast 1/4 of the Doc. #2014-1397), at the Northerly northeast 1/4; thence north 15°33'01" Right -of -Way of Seippel Road; thence east on said northwesterly line, 189.90 South 35°44'18" East (Record North ft.; thence north 201631" east on said 35°52'10" West) along the East Line of northwesterly line, 100.25 ft.; thence said First Addition, 11.13 ft.; thence north 31 °16'30" east on said northwest- South 10°51'45" East, 40.00 ft. to the erly line, 371.74 ft.; thence north centerline of Seippel Road, the Point of 51°35'55" east on said northwesterly Beginning; thence North 79'08'15" East line, 46.89 ft.; thence north 26°34'03" along said centerline, 1004.09 ft.; east on said northwesterly line, 112.65 thence Easterly along the centerline of ft. to the northwest corner of said lot 1 U. S. Highway 52 and the extension of the southeast 1/4 of the northeast thereof an arc length of 880.50 ft. along 1/4, also being the southwest corner of a 1,200.00 foot radius curve being con - said lot 2 of 1 of the northeast 1/4 of the cave southerly, having a long chord of northeast 1/4; thence north 35°25'51" South 79°50'32" East, 860.88 ft.; east on the westerly and southwesterly thence South 58'49'18" East along said line of said lot 2 of 1 of the northeast 1/4 centerline of U. S. Highway 52, of the northeast 1/4, a distance of 2,489.33 ft.; thence Southeasterly 200.90 ft.; thence north 01 °11'53" west along said centerline of U. S. Highway on said westerly and southwesterly line, 52 an arc length of 3,363.36 ft. along a 284.09 ft.; thence north 51 °36'20" west 12,000.00 foot radius curve being con - on said westerly and southwesterly line, cave Northeasterly, having a long chord Page 1111 of 2498 Book 153 Regular Session, July 17, 2023 296 of South 66°51'04" East, 3,352.36 ft.; (r) Subarea R means that portion of thence South 74°52'50" East along said the City of Dubuque, Iowa described as centerline of U. S. Highway 52, 1318.07 Subarea R in the Amended and Restated ft.; thence Southeasterly along said Urban Renewal Plan for the District ap- centerline of U. S. Highway 52 an arc proved by Resolution 290-22A on No - length of 1,569.39 ft. along a 12,000.00 vember 7, 2022, which Subarea R in - foot radius curve being concave South- cludes the lots and parcels located within westerly, having a long chord of South the area legally described as follows: 71°08'02" East, 1,568.27 ft.; thence Part of Lot 3 in the Dubuque Indus - South 67'23'15" East along said center- trial Center North First Addition in the line of U. S. Highway 52, 1093.39 ft.; City of Dubuque, Dubuque County, thence Southeasterly along said center- Iowa, Except Lot `A' of Lot 3 in Dubuque line of U. S. Highway 52 an arc length Industrial Center North First Addition in of 1,414.18 ft. along a 23,000.00 foot ra- the City of Dubuque, Dubuque County, dius curve being concave Southwest- Iowa, described as follows: Commenc- erly, having a long chord of South ing at the southeast corner of said Lot 65°37'33" East, 1,413.95 ft.; thence 3; thence N00°36'04"W, 364.16 ft. South 63°51'52" East along said center- along the east line of said Lot 3; thence line of U. S. Highway 52, 947.44 ft.; S89°24'16"W, 502.28 ft. along the out - thence Southeasterly along said center- side face of the south wall of the exist - line of U. S. Highway 52 an arc length ing building to the point of beginning; of 1,134.73 ft. along a 8,000.00 foot ra- thence S00°35'44"E, 37.00 ft.; thence dius curve being concave Northeast- S89°24'16"W, 170.00 ft.; thence erly, having a long chord of South N00°35'44"W, 32.00 ft.; thence 67°55'41" East, 1,133.78 ft.; thence S89°24'16"W, 210.00 ft.; thence South 71 °59'29" East along said center- N00°35'44"W, 362.00 ft.; thence line of U. S. Highway 52, 3,507.89 ft.; N89°24'16"E, 255.00 ft. to the northerly thence Southeasterly along said center- extension of the outside face of the west line of U. S. Highway 52 an arc length wall of the existing building; then of 7,787.63 ft. along a 7,500.00 foot ra- S00°35'44"E, 357.00 ft. along said face dius curve being concave Southwest- of the west wall of the southwest corner erly, having a long chord of South of the existing building; thence 42°14'42" East, 7,442.46 ft.; thence N89°24'16"E, 125.00 ft. along the face South 12°29'54" East along said center- of the south wall of the existing building line of U. S. Highway 52, 750.54 ft.; to the point of beginning, containing thence Southeasterly along said center- 2.258 acres line of U. S. Highway 52 an arc length All in the City of Dubuque, Iowa. of 449.54 ft. along a 4,000.00 foot ra- (s) Subarea S means that portion of dius curve being concave Northeast- the City of Dubuque, Iowa described as erly, having a long chord of South Subarea S in the Amended and Restated 15°43'05" East, 449.31 ft., to the End Urban Renewal Plan for the District ap- Point, the sidelines of said 80-foot-wide proved by Resolution 74-23 on March 20, strip of land are to be shortened or 2023, which Subarea S includes the lots lengthened to the intersection of the and parcels located within the area legally easterly line of Dubuque Industrial Cen- described as follows: ter South First Addition, in the City of Lot 2 of Dubuque Industrial Center Dubuque, Dubuque County, Iowa as South First Addition in the City of Dubu- recorded in Doc. #2014-1397 and the que, Iowa intersection of the northerly line of Lot 1 All in the City of Dubuque, Iowa. and Lot 1 of 1 as recorded in Doc. (t) Subarea T means that portion of #2010-3964. the City of Dubuque, Iowa described as (q) Subarea Q means that portion of Subarea T in the Amended and Restated the City of Dubuque, Iowa described as Urban Renewal Plan for the District ap- Subarea Q in the Amended and Restated proved by Resolution 180-23 on June 5, Urban Renewal Plan for the District ap- 2023, which Subarea T includes the lots proved by Resolution 197-22 on May 16, and parcels located within the area legally 2022, which Subarea Q includes the lots described as follows: and parcels located within the area legally The East 10 Acres of the Southwest described as follows: Quarter of the Southeast Quarter of Lot 1-5 of Dubuque Industrial Cen- Section 19, T89N, R2E, of the 5th P.M., ter West 5th Addition in the City of Dubu- Dubuque County, Iowa que, Iowa All in the City of Dubuque, Iowa. All in the City of Dubuque, Iowa Page 1112 of 2498 Book 153 Regular Session, July 17, 2023 297 (u) Amended Project Area means that As to Subarea E, base period taxes portion of the City of Dubuque, Iowa and shall be computed in the same manner Dubuque County included within the using the total assessed value shown Original Project Area, Subarea C, Sub- on the assessment roll as of January 1, area D, Subarea E, Subarea F, Subarea 2013, being the assessment roll appli- G, Subarea H, Subarea I, Subarea J, cable to property in such subarea as of Subarea K, Subarea L, Subarea M, Sub- January 1 of the calendar year preced- area N, Subarea O, Subarea P, Subarea ing the effective date of Ordinance No. Q, Subarea R, Subarea S, and Subarea 10-14. T each as described in this Section. As to Subarea F, base period taxes Section 2. Section 3 is amended to read as shall be computed in the same manner follows: using the total assessed value shown Section 3: As to the Original Project on the assessment roll as of January 1, Area, that portion of the taxes which 2014, being the assessment roll appli- would be produced by the rate at which cable to property in such subarea as of the tax is levied each year by or for each January 1 of the calendar year preced- of the taxing districts taxing property in ing the effective date of Ordinance No. the Original Project Area upon the total 39-15. sum of the assessed value of the taxable As to Subarea G, base period taxes property in the Original Project Area as shall be computed in the same manner shown on the assessment roll as of Jan- using the total assessed value shown uary 1, 1987, being the first day of the cal- on the assessment roll as of January 1, endar year preceding the effective date of 2014, being the assessment roll appli- Ordinance No. 26-88, shall be allocated cable to property in such subarea as of to and when collected be paid into the January 1 of the calendar year preced- fund for the respective taxing district as ing the effective date of Ordinance No. taxes by or for said taxing district into 55-15. which all other property taxes are paid. As to Subarea H, base period taxes The taxes so determined shall be referred shall be computed in the same manner herein as the "base period taxes" for such using the total assessed value shown Subarea. on the assessment roll as of January 1, As to Subarea B, Subarea B has 2015, being the assessment roll appli- been removed from the division of rev- cable to property in such subarea as of enues by Ordinance 22-21. Subarea B January 1 of the calendar year preced- will remain within the District. ing the effective date of Ordinance No. As to Subarea C (except the lots 49-16. and parcels now forming Subarea K As to Subarea I, base period taxes and those lots and parcels removed by shall be computed in the same manner Amended and Restated Urban Re- using the total assessed value shown newal Plan Version 2021.4 now forming on the assessment roll as of January 1, Subarea O, and those lots and parcels 2015, being the assessment roll appli- removed by Ordinance 27-22, now cable to property in such subarea as of forming Subarea R), base period taxes January 1 of the calendar year preced- shall be computed in the same manner ing the effective date of Ordinance No. using the total assessed value shown 49-16. on the assessment roll as of January 1, As to Subarea J, base period taxes 2007, being the assessment roll appli- shall be computed in the same manner cable to property in such subarea as of using the total assessed value shown January 1 of the calendar year preced- on the assessment roll as of January 1, ing the effective date of Ordinance No. 2015, being the assessment roll appli- 70-08, and base values shall be re- cable to property in such subarea as of duced due to the removal of area from January 1 of the calendar year preced- Subarea C. ing the effective date of Ordinance No. As to Subarea D, base period taxes 49-16. shall be computed in the same manner As to Subarea K, base period taxes using the total assessed value shown shall be computed in the same manner on the assessment roll as of January 1, using the total assessed value shown 2007, being the assessment roll appli- on the assessment roll as of January 1, cable to property in such subarea as of 2017, being the assessment roll appli- January 1 of the calendar year preced- cable to property in such subarea as of ing the effective date of Ordinance No. January 1 of the calendar year preced- 70-08. ing the effective date of Ordinance No. 18-18. Page 1113 of 2498 Book 153 Regular Session, July 17, 2023 298 As to Subarea L, base period taxes preceding the effective date of Ordi- shall be computed in the same manner nance No. 10-23. using the total assessed value shown As to Subarea T, base period taxes on the assessment roll as of January 1, shall be computed in the same manner 2017, being the assessment roll appli- using the total assessed value shown cable to property in such subarea as of on the assessment roll as of January 1, January 1 of the calendar year preced- 2022, being the assessment roll appli- ing the effective date of Ordinance No. cable to property in such subarea as of 45-18. January 1 of the calendar year preced- As to Subarea M, base period taxes ing the effective date of this Ordinance shall be computed in the same manner No. 30-23-A. using the total assessed value shown Section 3: This Ordinance shall be in effect on the assessment roll as of January 1, after its final passage, approval and publication 2017, being the assessment roll appli- as provided by law. cable to property in such subarea as of Passed and approved this 17th day of July, January 1 of the calendar year preced- 2023. ing the effective date of Ordinance No. /s/Brad M. Cavanagh, Mayor 45-18. Attest: /s/Adrienne N. Breitfelder, City Clerk As to Subarea N, base period taxes Published officially in the Telegraph Herald shall be computed in the same manner newspaper on the 21st day of July, 2023. using the total assessed value shown /s/Adrienne N. Breitfelder, City Clerk on the assessment roll as of January 1, 2020, being the assessment roll appli- 10. An Ordinance Amending Tax Increment cable to property in such subarea as of Ordinance 33-23 for the Switch Homes Hous- January 1 of preceding the effective ing Urban Renewal Area: Motion by Resnick to date of Ordinance No. 16-21. receive and file the documents and that the re - As to Subarea O, base period taxes quirement that a proposed ordinance be con - shall be computed in the same manner sidered and voted on for passage at two Coun- using the total assessed value shown cil meetings prior to the meeting at which it is on the assessment roll as of January 1, to be passed be suspended. Seconded by Far- 2020, being the assessment roll appli- ber. Motion carried 6-0. cable to property in such subarea as of Motion by Resnick for final consideration January 1 of preceding the effective and passage of Ordinance No. 34-23 Amend - date of Ordinance 32-21. ing Ordinance 33-23 providing that general As to Subarea P, Subarea P has property taxes levied and collected each year been removed from the division of rev- on all property located within the Switch Homes enues by Ordinance 21-22. Subarea P Housing Urban Renewal Area, in the City of will remain within the District. Dubuque, County of Dubuque, State of Iowa, As to Subarea Q, base period taxes by and for the benefit of the State of Iowa, City shall be computed in the same manner of Dubuque, County of Dubuque, Dubuque using the total assessed value shown Community School District and other taxing on the assessment roll as of January 1, districts, be paid to a special fund for payment 2021, being the assessment roll appli- of principal and interest on loans, monies ad - cable to property in such subarea as of vanced to and indebtedness, including bonds January 1 of the calendar year preced- issued or to be issued, incurred by said city in ing the effective date of Ordinance No. connection with said Switch Homes Housing 21-22. Urban Renewal Area. Seconded by Farber. As to Subarea R, base period taxes Motion carried 6-0. shall be computed in the same manner using the total assessed value shown ORDINANCE NO. 34-23 on the assessment roll as of January 1, AMENDING ORDINANCE 33-23 PROVIDING 2021, being the assessment roll appli- THAT GENERAL PROPERTY TAXES LEV- cable to property in such subarea as of IED AND COLLECTED EACH YEAR ON ALL January 1 of the calendar year preced- PROPERTY LOCATED WITHIN THE ing the effective date of Ordinance No. SWITCH HOMES HOUSING URBAN RE- 28-22-A. NEWAL AREA, IN THE CITY OF DUBUQUE, As to Subarea S, base period taxes COUNTY OF DUBUQUE, STATE OF IOWA, shall be computed in the same manner BY AND FOR THE BENEFIT OF THE STATE using the total assessed value shown OF IOWA, CITY OF DUBUQUE, COUNTY OF on the assessment roll as of January 1, DUBUQUE, DUBUQUE COMMUNITY 2022, being the assessment roll appli- SCHOOL DISTRICT AND OTHER TAXING cable to property in such subarea as of DISTRICTS, BE PAID TO A SPECIAL FUND January 1 of the calendar year FOR PAYMENT OF PRINCIPAL AND Page 1114 of 2498 Book 153 Regular Session, July 17, 2023 299 INTEREST ON LOANS, MONIES AD- S30°22'45"E, 414.69 ft.; thence VANCED TO AND INDEBTEDNESS, IN- S19°35'15"E, 239.99 ft.; thence CLUDING BONDS ISSUED OR TO BE IS- S65°31'10"W, 39.88 ft.; thence SUED, INCURRED BY SAID CITY IN CON- S61°48'26"W, 235.25 ft.; thence NECTION WITH SAID SWITCH HOMES S88°18'27"W, 119.49 ft.; thence HOUSING URBAN RENEWAL AREA S17°53'14"W, 96.62 ft.; thence Whereas, the City Council of the City of S19°29'58"E, 205.01 ft.; thence Dubuque, Iowa, after public notice and hearing S88°55'46"W, 42.16 ft.; thence as prescribed by law and pursuant to Resolu- N19°29'58"W, 205.21 ft.; thence tion No. 219-23 passed and approved on the N17°53'14"E, 138.38 ft.; thence 5th day of July, 2023, adopted an Urban Re- N88°18'27"E, 138.30 ft.; thence newal Plan (the "Urban Renewal Plan") for an N61°48'26"E, 231.62 ft.; thence urban renewal area known as the Switch N19'35'15"W, 199.20 ft.; thence Homes Housing Urban Renewal Area (the "Ur- N30°22'45"W, 424.92 ft.; thence ban Renewal Area"); and N08°12'40"E, 168.21 ft.; thence Whereas, expenditures and indebtedness S41 °51'35"W, 2.07 ft.; thence are anticipated to be incurred by the City of N27°57'58"W, 96.14 ft.; thence Dubuque, Iowa in the future to finance urban N32°25'45"W, 326.20 ft.; thence renewal project activities carried out in further- N24°30'57"W, 122.74 ft.; thence ance of the objectives of the Urban Renewal S88°34'08"W, 169.93; thence Plan and the future needs for redevelopment N72°15'00"W, 110.53 ft.; thence within the Urban Renewal Area are such as to S86°36'29"W, 110.92; thence require the application of the incremental tax S13°21'23"E, 125.00 ft.; thence 30.03 resources of the Urban Renewal Area; and ft. along a 195.50 foot radius curve con - Whereas, the City Council of the City of cave Southerly (chord bearing Dubuque, Iowa desires to provide for the divi- S72°14'35"W, 30.00 ft.); thence sion of revenue from taxation in the Urban Re- N22°09'26"W, 123.41 ft.; thence newal Area, as above described, in accord- S58°21'30"W, 114.03 ft.; thence ance with the provisions of Section 403.19 of S40°44'49"W, 194.12 ft.; thence the Code of Iowa, as amended, and the Urban S31'11'14"W, 67.99 ft.; thence Renewal Plan. S59°14'39"W, 101.31 ft.; thence NOW, THEREFORE, BE IT ORDAINED N01°51'39"W, 168.56 ft.; thence BY THE CITY COUNCIL OF THE CITY OF S88°44'30"W, 1,330.51 ft.; thence DUBUQUE, IOWA: S00°32'54"E, 49.50 ft.; thence Section 1. For purposes of this Ordinance S68°31'02"W, 279.63 ft.; thence 34-23, the following terms have the following S02°07'32"E, 725.50 ft.; thence meanings: N76°38'23"W, 10.43 ft.; thence 71.26 ft. (a) Project Area shall include that area along a 787.25 foot radius curve con - described as follows: cave Southerly (chord bearing Being a part of Lot 2 of Dondelinger N79°13'57"W, 71.24 ft.); thence Place as recorded in Book 1991, Page NO2°09'42"W, 258.81 ft.; thence 11917 of the Dubuque County Re- S87°00'09"W, 55.34 ft.; thence corder's Office and part of Mozena NO2°10'30"W, 595.45 ft. to the Point of Farm South as recorded in Book 2005, Beginning. Page 17498 of the Dubuque County And Recorder's Office, in the City of Dubu- The immediately adjacent right of que, Dubuque County, Iowa described way to the area previously described of as: the Northwest Arterial lying within the Beginning at the Northwest Corner corporate limits of the City of Dubuque of said Lot 2; thence N72°27'42"E, described as: 2,194.85 ft.; thence N56°07'31"E, Commencing at the Northwest Cor- 396.82 ft.; thence S33°52'29"E, 394.69 ner of said Lot 2; thence N72°27'42" E, ft.; thence S50°29'15"E, 130.26; thence 826.19 ft. to the Point of Beginning; N89°40'48"E, 130.97 ft.; thence thence N17'32'18"W, 266.57 ft.; thence N77°22'37"E, 173.84 ft.; thence N74°33'33"E, 1369.58 ft.; thence S02°16'36"E, 415.43 ft.; thence S17°32'18"E, 216.44 ft.; thence S90°00'00"W, 268.87 ft.; thence S72°27'42"W, 1368.66 ft. to the Point of N58°02'17"W, 166.25 ft.; thence Beginning. S18°08'06"W, 109.49 ft.; thence All in the City of Dubuque, Iowa S33°32'39"E, 269.61 ft.; thence (b) Urban Renewal Plan shall mean the S27°57'58"E, 125.44 ft.; thence Urban Renewal Plan for the Switch Homes N63°50'06"E, 9.82 ft.; thence Housing Urban Renewal Area, approved by S08°12'40"W, 197.54 ft.; thence Resolution No. 219-23 on July 5, 2023, as Page 1115 of 2498 Book 153 Regular Session, July 17, 2023 300 the same may be amended from time to time. Section 2. That the taxes levied on the tax- able property in the Urban Renewal Area, le- gally described in Section 1 hereof, by and for the benefit of the State of Iowa, City of Dubu- que, County of Dubuque, Dubuque Community School District, and all other taxing districts from and after the effective date of this Ordi- nance shall be divided as hereinafter in this Or- dinance provided. Section 3. That portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts upon the total sum of the assessed value of the taxable property in the Urban Re- newal Area, as shown on the assessment roll as of January 1, 2023, being January 1 of the calendar year preceding the first calendar year in which the City of Dubuque is expected to cer- tify to the County Auditor the amount of loans, advances, indebtedness, or bonds payable from the division of property tax revenue de- scribed herein, shall be allocated to and when collected be paid into the fund for the respec- tive taxing district as taxes by or for the taxing district into which all other property taxes are paid. The taxes so determined shall be referred to herein as the "base period taxes" for such Urban Renewal Area. Section 4. That portion of the taxes each year in excess of the base period taxes deter- mined for the Urban Renewal Area as provided in Section 3 of this Ordinance shall be allocated to and when collected be paid into a special tax increment fund of the City of Dubuque, Iowa hereby established, to pay the principal of and interest on loans, monies advanced to, indebt- edness, whether funded, refunded, assumed or otherwise, including bonds or obligations is- sued under the authority of Section 403.9 or 403.12 of the Code of Iowa, as amended, in- curred by the City of Dubuque, Iowa, to finance or refinance, in whole or in part, urban renewal projects undertaken within the Urban Renewal Area pursuant to the Urban Renewal Plan, ex- cept that (i) taxes for the regular and voter -ap- proved physical plant and equipment levy of a school district imposed pursuant to Iowa Code Section 298.2 and taxes for the instructional support program of a school district imposed pursuant to Iowa Code Section 257.19 (but in each case only to the extent required under Iowa Code Section 403.19(2)); (ii) taxes for the payment of bonds and interest of each taxing district; (iii) taxes imposed under Iowa Code Section 346.27(22) related to joint county -city buildings; and (iv) any other exceptions de- scribed in Section 403.19 shall be collected against all taxable property within the Project Area without any limitation as hereinabove pro- vided. Section 5. Unless or until the total assessed valuation of the taxable property in the Urban Renewal Project Area exceeds the total as- sessed value of the taxable property in the Ur- ban Renewal Area as shown by the assess- ment rolls referred to in Section 3 of this Ordi- nance, all of the taxes levied and collected upon the taxable property in the Urban Re- newal Area shall be paid into the funds for the respective taxing districts as taxes by or for said taxing districts in the same manner as all other property taxes. Section 6. At such time as the loans, ad- vances, indebtedness, bonds and interest thereon of the City of Dubuque, Iowa referred to in Section 4 hereof have been paid, all mon- ies thereafter received from taxes upon the tax- able property in the Urban Renewal Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. Section 7. All ordinances or parts of ordi- nances in conflict with the provisions of this Or- dinance are hereby repealed. The provisions of this Ordinance are intended and shall be con- strued so as to fully implement the division of taxes from taxable property in the Urban Re- newal Area under the provisions of Section 403.19 of the Code of Iowa. In the event that any provision of this Ordinance shall be deter- mined to be contrary to law it shall not affect other provisions or application of this Ordi- nance which shall at all times be construed to fully invoke the provisions of Section 403.19 of the Code of Iowa with reference to the Urban Renewal Area and the territory contained therein. Section 8. This Ordinance shall be in effect after its final passage, approval and publication as provided by law. Passed and approved this 17th day of July, 2023. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 21st day of July, 2023. /s/Adrienne N. Breitfelder, City Clerk 11. Work Session Request: Four Mounds Foundation: Motion by Roussell to receive and file the documents and schedule the work ses- sion for Monday, August 7, 2023, at 5:00 p.m. Seconded by Sprank. City Manager Van Milli- gen stated that some City Council Members have expressed challenges arriving at 5:00 p.m. for the work session and proposed the start time be changed to 5:15 p.m. Motion amended by Roussell to start the work session at 5:15 p.m. Seconded by Sprank. Motion car- ried 6-0. Page 1116 of 2498 Book 153 Special Session, July 31, 2023 301 12. Work Session Request: Smart Parking Mobility Management Plan Update: Motion by Sprank to receive and file the documents and schedule the work session for Monday, Sep- tember 11, 2023, at 6:00 p.m. Seconded by Roussell. Motion carried 6-0. COUNCIL MEMBER REPORTS Council Member Roussell reported on vol- unteering at a farmer's market booth to pro- mote Dubuque Trees Forever in which she had a conversation with a couple who were new to Dubuque and were enthusiastic about residing in the community. Council Member Resnick reported on at- tending a Grand Opera House performance of Into the Woods. Council Member Farber reported on the strong attendance at the recent Millwork Night Market. Council Member Wethal reported on at- tending an event at St. Mark Youth Enrichment. CLOSED SESSION Motion by Resnick to convene in closed session at 8:49 p.m. to discuss Purchase or Sale of Real Estate — Chapter 21.5(1)(j) Code of Iowa. Seconded by Farber. Mayor Cavanagh stated for the record that the attor- ney who will consult with City Council on the issues to be discussed in the closed session is City Attorney Brumwell. Motion carried 6-0. The City Council reconvened in open ses- sion at 9:32 p.m. stating that staff had been given proper direction. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 9:32 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on July 31, 2023, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6'h Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attor- ney Brumwell. Mayor Cavanagh read the call and stated this is a special session of the City Council called for the purpose of conducting such busi- ness that may properly come before the City Council and conducting work sessions on the Historic Millwork District Master Plan Update and Inclusive Dubuque and Project HOPE Quarterly Updates ACTION ITEMS 1. New law in Iowa related to Public Nui- sance Bars. Motion by Roussell to receive and file the documents and listen to presentation. Seconded by Sprank. City Attorney Brumwell and Police Chief Jeremy Jenson provided in- formation regarding new law signed by the Governor. This law allows Cities and Counties the ability to file suit if it is believed a public safety nuisance that constitutes a serious threat to the public safety exists at a retail alco- hol license premise. This information is being present to city council as an educational piece for them and the public as the Iowa Alcohol Beverage Division has no current educational plan in place for this code update. Motion car- ried 7-0. WORK SESSION 1 Historic Millwork District Master Plan Update Consultant Andrew Dresdner from Bolton & Menk presented on the current status of the Historic Millwork District Master Plan Update. This item will need City Council approval and will be presented at a future City Council meet- ing. Mr. Dresdner responded to questions from the City Council following the presentation. WORK SESSION 2 Inclusive Dubuque and Project HOPE Quar- terly Updates Clara Lopez Ortiz Equity Officer for the Community Foundation of Greater Dubuque presented a quarterly report on Inclusive Page 1117 of 2498 Book 153 Special Session, August 7, 2023 302 Dubuque. Alex Baum Director of Initiatives for the Community Foundation of Greater Dubu- que presented a quarterly report on Project HOPE, including information from the Immigra- tion Community Assessment. City Council re- quested to be sent a copy of the MIT research paper discussed in the presentation. Both pre- senters responded to questions from the City Council following the presentations. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 8:25 p.m. to discuss Purchase or Sale of Real Estate — Chapter 21.5(1),Q) Code of Iowa. Seconded by Roussell. 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 and Attorney Connor Wasson of Ah- lers and Cooney, P.C. Motion carried 7-0. The City Council reconvened in open ses- sion at 8:56 p.m. stating that staff had been given proper direction. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 8:58 p.m. /s/ Trish L. Gleason, MMC, Assistant City Clerk 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. 6'h Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick, Roussell, Sprank; Wethal; City Manager Van Milligan arrived at 5:17 p.m. Assistant City Manager Burbach, 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 on Sustainable Dubuque — Green- house Gas Inventory Update and Energy Effi- ciency in Commercial Buildings Update and a Four Mounds Foundation Update Work Ses- sion. 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 Inven- tory and how positive declines have been seen in the data collected. Sustainable Community Coordinator Gina Bell and Climate Action Co- ordinator 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. Lei- sure Services Manager Marie Ware was pre- sent to answer questions from the City Council. All Council members expressed their apprecia- tion 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 Page 1118 of 2498 Book 153 Regular Session, August 7, 2023 303 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. 6"' Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick, Roussell, Sprank; Wethal; City Manager Van Milligen, City Attor- ney Brumwell Mayor Cavanagh read the call and stated this is a regular session of the City Council called for the purpose of conducting such busi- ness 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, Direc- tor of Mission Advancement and Community Relations on behalf of Mission Advancement and Community Relations and Crescent Com- munity 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 Proceed- ings 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 mo- tion the documents were received, filed, and referred to the City Attorney. 3. Disposition of Claims: City Attorney ad- vising that the following claims have been re- ferred 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 mo- tion the documents were received, filed, and concurred. 4. Approval of City Expenditures: Upon mo- tion 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 OF- FICER / CITY TREASURER TO MAKE CER- TAIN 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 gen- erally accepted internal control procedures and have been determined to have been requisi- tioned for a lawful municipal purpose; and Whereas, the Chief Financial Officer -City Treasurer has provided a list of Expenditures [provided] 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 Fi- nancial Officer -City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is [provided] 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 pay- ment 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 ac- cordance with approved budget appropria- tions. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Chief Fi- nancial Officer are hereby authorized and di- rected to provide the statement of receipts and disbursements to the City Council, and to pub- lish a summary thereof. Page 1119 of 2498 Book 153 Regular Session, August 7, 2023 304 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 re- ceived 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 OPPOR- TUNITY ZONE FUND, LLC FOR THE REDE- VELOPMENT 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 ft. 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 Fagade 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 Op- portunity Zone Fund, LLC have tentatively en- tered into a Grant Agreement for the Develop- ment Property (the "Grant Agreement"), a copy of which is [provided] hereto; and Whereas, it is the determination of the City Council that approval of the Grant Agreement for redevelopment of the Development Prop- erty by Nia Neighborhoods Opportunity Zone Fund, LLC, according to the terms and condi- tions 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 be- tween the City of Dubuque and Nia Neighbor- hoods Opportunity Zone Fund, LLC is hereby approved. Section 2. That the Mayor is hereby author- ized and directed to execute the Grant Agree- ment 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 author- ized to take such actions as are necessary to comply with the terms of the Grant Agreement as herein approved. Passed, approved, and adopted this 71h 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 Con- tract 23-CTBF-012 by and between the City of Dubuque, Iowa, and the Iowa Economic Devel- opment Authority for a Community Catalyst Building Remediation Grant to Nia Neighbor- hoods Opportunity Zone Fund, LLC for the Re- habilitation 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 DUBU- QUE, IOWA, AND THE IOWA ECONOMIC DEVELOPMENT AUTHORITY FOR A COM- MUNITY CATALYST BUILDING REMEDIA- TION 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 Pro- ject); and Whereas, financial assistance from the Iowa Economic Development Authority is de- signed to assist communities with the develop- ment or rehabilitation of buildings to stimulate economic growth or reinvestment in the com- munity; and Whereas, the Iowa Economic Development Authority has requested the execution of Con- tract 23-CTBF-012 in order to finalize the Com- munity Catalyst Building Remediation Grant and document associated terms for the pro- posed 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 Devel- opment Authority, a copy of which is [provided] hereto, is in the best interest of the City of Dubuque. Page 1120 of 2498 Book 153 Regular Session, August 7, 2023 305 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 author- ized and directed to execute and the City Man- ager 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 7'h 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 Reso- lution 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 De- velopment Director and the City Manager to approve the application was adopted. RESOLUTION NO. 241-23 AUTHORIZING THE HOUSING AND COM- MUNITY DEVELOPMENT DIRECTOR TO EX- ECUTE AN APPLICATION FOR THE IOWA FINANCE AUTHORITY IOWA THRIVING COMMUNITIES' DESIGNATION AND AU- THORIZING THE HOUSING AND COMMU- NITY DEVELOPMENT DIRECTOR AND THE CITY MANAGER TO APPROVE THE APPLI- CATION Whereas, the Iowa Finance Authority an- nounced 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 ap- proved a new incentive package in September 2022 that included the use of tax abatement and housing TIF to help encourage housing de- velopment; and Whereas, the City of Dubuque would bene- fit from an Iowa Thriving Communities Desig- nation as it provides bonus points for develop- ers 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 Commu- nity 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 Direc- tor are hereby authorized to approve the appli- cation that is submitted to the Iowa Finance Au- thority; 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 7'h 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 Reso- lution 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 Commu- nity Development Block Grant allocation; and Whereas, the City Council and the Federal Department of Housing and Urban Develop- ment 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 -mod- erate 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 ap- proved. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute said Agreement and related docu- ments 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 re- spective agencies in a timely fashion and as re- quired by the U. S. Department of Housing and Urban Development. Page 1121 of 2498 Book 153 Regular Session, August 7, 2023 306 Section 4. The City Manager or his de- signee is hereby authorized and directed to ex- ecute related documents to ensure compliance with the grant agreement and timely expendi- ture of funds. Passed, approved, and adopted this 7'h 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 Dis- trict 2023-2024 Year: Upon motion the docu- ments 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 Be- tween City of Dubuque and Dennis R. Walker): This is in response to a request from property owner Dennis R. Walker (Walker) for the vacat- ing of a portion of National Street adjacent to the property at 3009 Burlington Street, in the City of Dubuque, Iowa. Upon motion the docu- ments were received and filed, and Resolution No. 243-23 Approving Plat of Proposed Va- cated 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 VA- CATED 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 DUBU- QUE, IOWA 1856), IN THE CITY OF DUBU- QUE, 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 va- cated area of a portion of National Street, in the City of Dubuque, Iowa and assigned a lot num- ber 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 de- scribed 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 [provided] 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 7ch 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 re- ceived and filed. 13 Fiscal Year 2024 Detailed Budget for the Five Flags Civic Center submitted by ASM Global: Upon motion the documents were re- ceived and filed. 14. Approval of Three Auto Side Loader Solid Waste Truck Purchases FY2024-Modi- fied Recommendation: Upon motion the docu- ments were received, filed, and approved. 15. Recommendation to Reallocate Na- tional Endowment of the Arts American Rescue Plan Act Funds from Underutilized Budgeted Line Items to Supplement Round 2 of the Cre- ative 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 Fi- nal Plat of Chaplain Schmitt Island. Upon mo- tion 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 Page 1122 of 2498 Book 153 Regular Session, August 7, 2023 307 Whereas, said Minor Subdivision has been examined by the City Council and they find that it conforms to the statues and ordinances relat- ing thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Uni- fied Development Code, is waived to allow 0 ft. 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 Au- gust 2023. Brad M. Cavanagh, Mayor City of Dubuque 17. Request for Proposals for Historic and Architectural Surveys for Deereville and Voelker Highlands Neighborhoods: Upon mo- tion the documents were received, filed, and approved. 18. St. Anne & Avalon Intersection Recon- struction Project Acceptance: Upon motion the documents were received and filed, and Reso- lution No. 245-23 Accepting the St Anne & Av- alon Intersection Reconstruction Project and Authorizing the Payment to the Contractor was adopted. RESOLUTION NO. 245-23 ACCEPTING THE ST ANNE & AVALON IN- TERSECTION RECONSTRUCTION PRO- JECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the St Anne & Avalon Intersection Recon- struction Project (the Project) has been com- pleted by the Contractor, Offset Construction, LLC, (Contractor), the City Engineer has exam- ined 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 re- tainage 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 IN- TERSECTION RECONSTRUCTION PRO- JECT 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 Im- provement 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 docu- ments were received and filed, and Resolution No. 246-23 Accepting The 8th Street Brick Pav- ers Remediation Project and Authorizing the Payment to the Contractor was adopted. RESOLUTION NO. 246-23 ACCEPTING THE 8T" STREET BRICK PAV- ERS REMEDIATION PROJECT AND AU- THORIZING THE PAYMENT TO THE CON- TRACTOR 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 Ex- cavating, (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 Page 1123 of 2498 Book 153 Regular Session, August 7, 2023 308 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 8T" STREET BRICK PAV- ERS REMEDIATION PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 8th Street Brick Pavers Remedi- ation Project has been performed in compli- ance with the terms of the Public Improvement Contract, and that the total cost of the com- pleted work is $66,648.96. Dated this 31 st day of July 2023. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 31 st day of July 2023. /s/Adrienne N. Breitfelder, City Clerk 20. Highway 20 - N. Cascade Road Truck Stop - Water Service Connection Project Ac- ceptance of Public Improvement Construction Contract: Upon motion the documents were re- ceived 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. CAS- CADE ROAD TRUCK STOP WATER SER- VICE CONNECTION PROJECT AND AU- THORIZING THE PAYMENT TO THE CON- TRACTOR 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 rec- ommends 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 re- tainage 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 1 st 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 Ap- plication 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 In- frastructure 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 DEPART- MENT OF NATURAL RESOURCES FOR THE 2022 BOATING INFRASTRUCTURE TIER 1 Page 1124 of 2498 Book 153 Regular Session, August 7, 2023 309 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 ft. or larger, access to docking and safe harbor facilities; and Whereas, in February 2023, Dubuque Ma- rina 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 ap- plicant 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 DUBU- QUE, 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 Natu- ral Resources for the 2022 Boating Infrastruc- ture Tier 1 Grant to assist with funding to per- form maintenance dredging at Dubuque Ma- rina. Passed, approved, and adopted this 7t" 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 Better- ment: 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 de- sign and repair of sanitary sewer force main joints as part of the Force Main Stabilization Project. Upon motion the documents were re- ceived, 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 SUB - RECIPIENT 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 Child- care 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 -in- come persons. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Funding Ap- proval/Agreements, authorized by the Commu- nity Development Advisory Commission begin- ning August 7, 2023 for contracts to the afore- mentioned 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 7«' 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 reconcil- ing of data, and set up and configuration of dashboards for data validation and data collec- tion. Upon motion the documents were re- ceived, filed, and approved. 25. Improvement Contracts / Performance, Payment, and Maintenance Bonds: Top Grade Excavating, Inc. for the Old Highway Road Wa- ter 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; Dubu- queland Door Company for the Municipal Ser- vices Center Salt Shed Door Replacement Pro- ject; 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 Spray- ing 2023; McDermott Excavating for the Rad- ford Road Concrete Pavement Repair Project; Page 1125 of 2498 Book 153 Regular Session, August 7, 2023 310 WHKS & Co. for the Burlington St. Water Main Improvement Project. Upon motion the docu- ments 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 re- ceived, 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 Be- tween City of Dubuque and Dennis R. Walker): Upon motion the documents were received and filed and Resolution No. 250-23 Intent to va- cate 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 agree- ment with Dennis R. Walker for the convey- ance of City Owned property including a por- tion 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 Na- tional 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 DUBU- QUE, 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 dis- pose 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 21 st day of August, 2023, at the Historic Federal Building, 350 W. bth Street, Dubuque, Iowa, be- ginning 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 7t1 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 Agree- ment 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 Agree- ment between the City of Dubuque, Iowa and Port of Dubuque LLC which provides for the proposed awarding of housing incentive acqui- sition 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 Fed- eral 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 AGREE- MENT BETWEEN THE CITY OF DUBUQUE, IOWA AND PORT OF DUBUQUE LLC WHICH PROVIDES FOR THE PROPOSED AWARDING OF HOUSING INCENTIVE AC- QUISITION 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 Page 1126 of 2498 Book 153 Regular Session, August 7, 2023 311 among other things for the issuance of urban renewal tax increment revenue grant obliga- tions (the Grants); and Whereas, Merge, LLC assigned the Devel- opment Agreement to Port of Dubuque LLC on the 13th day of February, 2020, with the con- sent of City in a Second Amendment dated No- vember 16, 2020; and Whereas, a Third Amendment to Develop- ment dated May 15, 2020, extended the clos- ing 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 [provided] 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 no- tice of the proposal and of the time and place of the meeting at which the City Council pro- poses 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 author- ized 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 [provided] 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 Amend- ment 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, pub- lished 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 dis- posal 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 [pro- vided] 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 [provided] 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 Agree- ment by Amendment. Section 2. The City Clerk is hereby author- ized 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 -de- scribed Property by Lease Supplement, to be held on the 21It 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, prelimi- nary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of Page 1127 of 2498 Book 153 Regular Session, August 7, 2023 312 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 PRO- JECT -PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF COW TRACT, 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 DUBU- QUE, IOWA: Section 1. The proposed plans, specifica- tions, 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 21 st 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 per- sons 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 [provided] 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 hear- ing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or esti- mated 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 ac- company 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 di- rected to advertise for bids for the construction of the improvements herein provided, by pub- lishing 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 be- fore 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 fi- nal action at 6:30 p.m. on the 5th day of September 2023, in the Historic Federal Build- ing 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 pub- lic 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 FIS- CAL 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, pro- posed a Fiscal Year 2024 (Program Year 2023) Community Development Block Grant Annual Action Plan for inclusion in the City Budget ad- dressing 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 (Pro- gram 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 Cham- bers, 2"d 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 Develop- ment Block Grant Annual Action Plan Amend- ment #1 in the City Budget. Section 2. That the City Clerk is hereby au- thorized and directed to publish a notice of such public hearing and the City Council's in- tent to review and take action on the Fiscal Year 2024 (Program Year 2023) Community Development Block Grant Annual Plan Amend- ment #1. Passed, approved, and adopted this 7th day of August 2023. Brad M. Cavanagh, Mayor Attest Trish L. Gleason, Assistant City Clerk Page 1128 of 2498 Book 153 Regular Session, August 7, 2023 313 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 -Repre- sentation openings on the Airport Zoning Com- mission. 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 (13)(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 Jona- than 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 rec- ommended 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. Appli- cants: Cole Hansen, 408 Burch St. (Lives out- side of historic districts) Heidi Pettitt, 3116 Cen- tral Ave. (Lives outside of historic districts) This commission is subject to the State of Iowa Gender Balance Law, §69.16A. 10 Commis- sioners total; currently 3 males A females /2 openings/ 1 Interim. Upon roll call vote, Ms. Pettitt was unanimously appointed to the in- terim 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 Appli- cant; 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. Mr. Henrick re- ceived one vote (Farber); Ms. Eudaley re- ceived the remaining six votes for the other 3- year term. 6. Long Range Planning Advisory Commis- sion: 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 Re- moval: 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 commis- sioner 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 commis- sioner has been absent for three (3) or more consecutive meetings of the commission, with- out being excused by the chairperson, such ab- sence 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 meet- ings, 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 COMMIS- SION Whereas, the City of Dubuque, Iowa Equity and Human Rights Commission is governed by Title 8 of the City of Dubuque Code of Ordi- nances; and Whereas, § 8-2-10 of the Code of Ordi- nances establishes the requirement for attend- ance at commission meetings as follows: 8-2-10: MEETINGS: D. Attendance: Page 1129 of 2498 Book 153 Regular Session, August 7, 2023 314 1. In the event a commissioner has been absent for three (3) or more consecu- tive meetings of the commission, with- out being excused by the chairperson, such absence will be grounds for the commission to recommend to the city council that the position be declared va- cant 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 re- moved from the Commission for failure to com- ply with the attendance requirements, such recommendation [provided] as Exhibit A; and Whereas, § 8-2-12 of the Code of Ordi- nances authorizes removal of a commissioner for cause upon written charges and after public hearing; and Whereas, a public hearing was set for Au- gust 7, 2023 and notice was mailed to Dereka Williams -Robinson and published in accord- ance with Iowa Code §362.3; and Whereas, the City Council held a public hearing on the question of removing Commis- sioner Dereka Williams -Robinson from the Eq- uity 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 re- moves Dereka Williams -Robinson from the Eq- uity and Human Rights Commission for non- compliance with the attendance requirement of the Code of Ordinances. Section 2. The City Clerk is hereby author- ized and directed to begin recruitment for ap- pointment to the Equity and Human Rights Commission to fill the seat created by this re- moval. 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 por- tion of Bies Drive, in the City of Dubuque, Iowa For Vacating Petition (Agreement Between City of Dubuque and CC15, LLC): Motion by Farber to receive and file the documents and adopt Resolution No. 256-23 Vacating a por- tion of Bies Drive, in the City of Dubuque, Iowa, to be known as Lot 1 B of Roger F. and Kath- leen A. Klauer Family Place, in the City of Dubuque, Iowa and Resolution No. 257-23 Dis- posing of city interest in Lot 1 B 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 1 B 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 agree- ment with CC15, LLC for the conveyance of City Owned property including a portion of Bies Drive, in the City of Dubuque, Iowa; and Whereas, CC15, LLC has requested the va- cation of a portion of Bies Drive and the con- veyance of the property to CC15, 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 va- cated area of Bies Drive, in the City of Dubu- que, Iowa and assigned a lot number thereto, to be known as Lot 1 B of Roger F. and Kath- leen A. Klauer Family Place, in the City of Dubuque, Iowa; and Whereas, pursuant to resolution and pub- lished notice of time and place of hearing, pub- lished in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 21s' 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 Build- ing 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 objec- tions, oral or written to the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa, has determined that the pro- posed vacation of Lot 1 B of Roger F. and Kath- leen 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 DUBU- QUE, IOWA: Section 1. That the real estate described as Lot 1 B 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 7ch 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 DUBU- QUE, IOWA Whereas, pursuant to resolution and pub- lished notice of time and place of hearing, pub- lished in the Telegraph Herald, a newspaper of Page 1130 of 2498 Book 153 Regular Session, August 7, 2023 315 general circulation published in the City of Dubuque, Iowa on the 215t 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 Build- ing 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 1 B 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 objec- tions, oral or written to the proposal to sell such real estate. 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 Lot 1 B of Roger F. and Kathleen A. Klauer Family Place, in the City of Dubuque, Iowa, to CC15, 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 CC15, LLC. Section 3. That the City Clerk be and is hereby authorized and directed to record a cer- tified 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 Wa- ter 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 Wa- ter Main Connection Loop 2023. Seconded by Jones. Water Department Manager Chris Leaster addressed question regarding notifica- tion 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 WA- TER MAIN CONNECTION LOOP 2023 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the 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 71h day of August, 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk ACTION ITEMS 1. Small Business Grant Program Pro- posed Modifications Approved by the Commu- nity Development Advisory Commission: Mo- tion by Jones to receive and file the documents and approve the changes to our existing small business grant program in response to evolv- ing small business needs and entrepreneurial ecosystem development that have been pre- sented to and approved by the Community De- velopment 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. Se- conded by Sprank. Police Chief Jeremy Jen- sen responded to questions from the City Council and introduced Captain Steve Radloff and Officer Brandan Nugent as members as- signed to the Secondary Responder Unit. Mo- tion carried 7-0. 3. Safety and Security Camera and Auto- mated 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 Auto- mated License Plate Readers (APLR). Se- conded 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 number 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 discus- sion 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 infor- mation can be entered into the system and possibly located in another city or state. If the license plate information was purged in a Page 1131 of 2498 Book 153 Regular Session, August 7, 2023 316 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 ques- tions by City Council. Motion carried 7-0. RESOLUTION NO. 259-23 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE JOHN F. KENNEDY ROAD AND W. 32ND STREET INTERSECTION IM- PROVEMENT PROJECT Whereas, sealed proposals have been sub- mitted by contractors for the John F. Kennedy Road and W. 32nd Street Intersection Improve- ment Project, (the Project) pursuant to Resolu- tion No. 218-23 and Notice to Bidders pub- lished on the City of Dubuque, Iowa website and plan room service with statewide circula- tion 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, re- sponsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Eastern Iowa Ex- cavating and Concrete LLC and the City Man- ager is hereby directed to execute a Public Im- provement Contract on behalf of the City of Dubuque for the Project. Passed, adopted, and approved this 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: Mo- tion by Roussell to receive and file the docu- ments. 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 Up- date: 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 car- ried 7-0. 7. Free Rides for College Students: Motion by Jones to receive and file the documents and approve eliminating bus fares for college stu- dents beginning on August 7, 2023. Seconded by Wethal. Motion carried 7-0. 8. Bee Branch Stormwater Pumping Sta- tion (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 Develop- ment Administration Disaster Relief Oppor- tunity 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 sta- tion at the 16th Street Detention Basin. Se- conded by Jones. Motion carried 7-0. RESOLUTION NO. 260-23 APPROVING A US ECONOMIC DEVELOP- MENT ADMINISTRATION DISASTER RE- LIEF OPPORTUNITY GRANT APPLICATION AND PLEDGING THE LOCAL MATCH IN THE AMOUNT OF $ 19,012,000 FROM GEN- ERAL OBLIGATION BONDS OR AN SRF LOAN FOR CONSTRUCTION OF A NEW STORMWATER PUMPING STATION AT THE 16T" 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 Obliga- tion 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 DUBU- QUE, 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 Re- volving Fund loan, if in fact, the Disaster Relief Page 1132 of 2498 Book 153 Regular Session, August 7, 2023 317 Opportunity grant is awarded by the Economic Development Administration. Passed, approved, and adopted this 71h 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 docu- ments. 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 car- ried 7-0. 10. Amending City of Dubuque Code of Or- dinances Title 8 Equity and Human Rights, Chapter 5 Fair Housing, Section 8-5-12 En- forcement by Private Persons: Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be con- sidered and voted on for passage at two Coun- cil 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 re- cently 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 Per- sons. Seconded by Roussell. Motion carried 6- 0. Absent: Wethal ORDINANCE NO. 35 - 23 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 8 EQUITY AND HU- MAN RIGHTS, CHAPTER 5 FAIR HOUSING, SECTION 8-5-12 ENFORCEMENT BY PRI- VATE 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 concil- iation agreement entered into under this chapter, whichever occurs last, to obtain appropriate relief with respect to such dis- criminatory 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 com- plaint 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 7'h day of August, 2023. Brad Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 11. Request for Work Session Smart Park- ing & 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 re- ceive 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: Mo- tion by Jones to receive and file the documents and view the video. Seconded by Sprank. Me- dia Services played the Delivering Dubuque episode featuring City services. This video can be viewed at: https://Voutu.be/Gulim0ghb'g. Motion carried 7-0. 13. Reimagine Comiskey Park Project Cel- ebration: 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://voutu.be/KmVWvReytHY. Motion car- ried 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 on 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." Page 1133 of 2498 Book 153 Special Session, August 18, 2023 318 CLOSED SESSION Motion by Jones to convene in closed ses- sion at 9:12 p.m. to discuss Pending Litigation and Purchase or Sale of Real Estate — Chapter 21.5(1)(c),Q) 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. Mo- tion carried 7-0. The City Council reconvened in open ses- sion 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 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 12:00 p.m. on August 18, 2023, in the second -floor Conference room B of City Hall, 50 W. 13t" Street, Dubuque, Iowa. Present: Mayor Cavanagh; Council Mem- bers Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attor- ney Brumwell Absent: Farber Mayor Cavanagh read the call and stated this is a special session of the City Council called for the purpose of conducting a special session to review Pyrotechnic Permit as sub- mitted by the Image SFX for pyrotechnics dis- play at a music performance at the Q Casino on August 20, 2023. ACTION ITEMS 1. Motion by Jones to receive and file the documents and approve the Pyrotechnic Per- mit as submitted by the Image SFX for pyro- technics display at a music performance at the Q Casino on August 20, 2023. Seconded by Sprank. Motion carried 6-0. There being no further business, Mayor Cavanagh declared the meeting adjourned at 12:02 p.m. /s/Trish Gleason, MMC, Assistant City Clerk Page 1134 of 2498 Book 153 Special Session, August 21, 2023 319 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 21, 2023, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6"' Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attor- ney Brumwell. Mayor Cavanagh read the call and stated this is a special session of the City Council called for the purpose of conducting work ses- sions on State and Federal Grant Updates and Travel Dubuque Updates Assistant City Clerk Trish Gleason an- nounced that work session #2 Travel Dubuque Update will be rescheduled to a later date. WORK SESSION 1. State and Federal Grant Updates: Direc- tor of Strategic Partnerships Teri Goodmann presented information regarding the Federal and State Grants received and not received by the City of Dubuque and on the status of the City of Dubuque's efforts to secure federal grants working together with city staff, commu- nity partners, and with grant writing services consultant Andy Seth of Sustainable Strategies DC. Technical Grant Analyst/Assistant Justin Thiltgen presented further information to the City Council and was present to answer ques- tions. Andy Seth of Sustainable Strategies DC participated by phone to answer questions from City Council. Mr. Seth advised Council to "Step on the Gas" when applying for grants as many of the current grant dollars at the State and Federal level will be going away soon. Having projects closer to a "shovel ready" stage and having a pathway to matching funds will increase the odds of obtaining more of the grands that are being applied for. Motion by Jones to convene in closed ses- sion at 9:06 p.m. to discuss 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 9:59 p.m. stating that staff had been given proper direction. There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:12 p.m. /s/Trish L. Gleason, Assistant City Clerk Page 1135 of 2498 Book 153 Regular Session, August 21, 2023 320 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 21, 2023, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6"' Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attor- ney Brumwell. Mayor Cavanagh read the call and stated this is a regular session of the City Council called for the purpose of conducting such busi- ness that may properly come before the City Council. PLEDGE OF ALLEGIANCE CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Farber. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 7/31/23 and 8/7/23; Arts and Cultural Affairs Advisory Commission of 6/27/23; Zoning Advisory Commission of 8/2/23; Zoning Board of Adjustment of 7/27/23; Proof of Publication of City Council Proceed- ings 7/17/23. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Clayton and Nicole Ketchum for property damage; McKen- zie Kline for vehicle damage. Upon motion the documents were received, filed, and referred to the City Attorney. 3. Disposition of Claims: City Attorney ad- vising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Upon motion the documents were re- ceived, filed, and concurred. 4. Approval of City Expenditures: Upon motion the documents were received and filed, and Resolution No. 261-23 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. 261-23 AUTHORIZING THE CHIEF FINANCIAL OF- FICER / CITY TREASURER TO MAKE CER- TAIN 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 gen- erally accepted internal control procedures and have been determined to have been requisi- tioned for a lawful municipal purpose; and Whereas, the Chief Financial Officer -City Treasurer has provided a list of Expenditures [provided] 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 Fi- nancial Officer -City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is [provided] 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 pay- ment 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 ac- cordance with approved budget appropria- tions. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Chief Fi- nancial Officer are hereby authorized and di- rected to provide the statement of receipts and disbursements to the City Council, and to pub- lish a summary thereof. Passed, approved, and adopted this 21 sc day of August, 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 5. Authorized Depository Institutions that adds Iowa Public Agency Investment Trust as an authorized depository institution for the City of Dubuque, renames People's National Bank to Capra Bank, and increases DuTrac and Dupaco Community Credit Union's limit to $40 million. Upon motion the documents were re- ceived and filed, and Resolution No. 262-23 Naming Depositories was adopted. Page 1136 of 2498 Book 153 Regular Session, August 21, 2023 321 RESOLUTION NO. 262-23 RESOLUTION NAMING DEPOSITORIES Whereas, Chapter 12C.2 of the Code of Iowa states that the approval of a financial in- stitution as a depository shall be by written res- olution or order which shall be entered of rec- ord in the minutes of the approving board, and which shall distinctly name each depository ap- proved, and specify the maximum amount which may be kept on deposit in each deposi- tory; and Whereas, This procedure is required if a fi- nancial institution changes its name or home office location, if the maximum amount is changed, or if a financial institution is added or deleted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the following financial insti- tutions are approved to be depositories of the City of Dubuque, Iowa funds in conformance with all applicable provisions of the Iowa Code Chapter 12C.2. The City Treasurer is hereby authorized to deposit City of Dubuque, Iowa funds in amounts not to exceed the maximum approved for each respective financial institu- tion as set out below. Depository Name, Location of Home Office, Maximum Balance MidWestOne Bank, Iowa City, Iowa, $60,000,000 Dubuque Bank & Trust Company, Dubuque, Iowa, $60,000,000 U.S. Bank, Minneapolis, Minnesota, $40,000,000 Fidelity Bank & Trust, Dyersville, Iowa, $40,000,000 Iowa Public Agency Investment Trust, West Des Moines, Iowa, $40,000,000 Dupaco Community Credit Union, Dubuque, Iowa, $40,000,000 DuTrac Community Credit Union, Dubuque, Iowa, $40,000,000 Collins Community Credit Union, Cedar Rapids, Iowa, $40,000,000 Capra Bank, Dubuque, Iowa, $40,000,000 Green State Credit Union, North Lib- erty, Iowa, $40,000,000 Vibrant Credit Union, Moline, Iowa, $40,000,000 Premier Bank, Dubuque, Iowa, $40,000,000 Hometown Bank, Fond du Lac, Wiscon- sin, $250,000 Passed, approved, and adopted this 21 sc day of August 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 6. Letter of Support to the National Endow- ment for Arts "Our Town" Proposal and Crea- tive Placemaking Grant for The Dubuque Mu- seum of Arts (DuMA): Upon motion the docu- ments were received, filed, and approved. 7. Letter of Support for Monarch Village for Iowa Finance Authority Innovation Set -aside Competition on behalf of Operation Empower and Pivotal Housing Partners: Upon motion the documents were received, filed, and approved. 8. Employment Contracts for City Clerk Adrienne Breiffelder and City Attorney Crenna Brumwell: Senior Counsel Barry Lindahl is rec- ommending that City Council approve the Em- ployment Contracts for City Clerk Adrienne Breitfelder and City Attorney Crenna Brumwell be approved. Upon motion the documents were received, filed, and approved. 9. Proposed Downtown Rehabilitation Grant Award for 1047 Bluff Street with Forward Investments Group, LLC in the amount of $55,000 - $35,000 for Fagade, etc. and $20,000. Upon motion the documents were re- ceived and filed, and Resolution No. 263-23 Approving a grant agreement between the City of Dubuque, Iowa, and Forward Investments Group LLC for the redevelopment of 1047 Bluff Street was adopted. RESOLUTION NO. 263-23 APPROVING A GRANT AGREEMENT BE- TWEEN THE CITY OF DUBUQUE, IOWA, AND FORWARD INVESTMENTS GROUP LLC FOR THE REDEVELOPMENT OF 1047 BLUFF STREET Whereas, Forward Investments Group LLC is the owner of the building at 1047 Bluff Street in the City of Dubuque, Iowa (the "Develop- ment Property") legally described as: Lots 3 and 4 of the Subdivision of the East Part of Out Lot 655 in the City of Dubuque, Iowa, according to the rec- orded plat thereof, subject to ease- ments, agreements and restrictive cov- enants of record and local and munici- pal zoning ordinances; and Whereas, Forward Investments Group LLC has applied to the City of Dubuque Economic Development Department (the "City") for a Downtown Housing Incentive Grant, a Fagade Grant, a Planning & Design Grant, and a Finan- cial Consultant Grant (the "Grants") for the re- habilitation of the Development Property (the "Project"); and Whereas, the Project is eligible for the Grants; and Whereas, City and Forward Investments Group LLC has tentatively entered into a Grant Agreement for the Development Property (the "Grant Agreement'), a copy of which is Page 1137 of 2498 Book 153 Regular Session, August 21, 2023 322 [provided] hereto; and Whereas, it is the determination of the City Council that approval of the Grant Agreement for redevelopment of the Development Prop- erty by Forward Investments Group LLC, ac- cording 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 be- tween the City of Dubuque and Forward Invest- ments Group LLC is hereby approved. Section 2. That the Mayor is hereby author- ized and directed to execute the Grant Agree- ment 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 author- ized to take such actions as are necessary to comply with the terms of the Grant Agreement as herein approved. Passed, approved, and adopted this 21 sc day of August, 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 10. Modification and Vacation of Easement — 1064 and 1076 University Avenue: Upon mo- tion the documents were received and filed, and Resolution No. 264-23 Approving an Agreement regarding Modification and Vaca- tion of Easements between adjoining proper- ties owned by Chad A. Streff & Kymberly A. Streff was adopted. RESOLUTION NO. 264-23 APPROVING AN AGREEMENT REGARD- ING MODIFICATION AND VACATION OF EASEMENTS BETWEEN ADJOINING PROPERTIES OWNED BY CHAD A. STREFF & KYMBERLY A. STREFF Whereas, Chad A. Streff & Kymberly A. Streff are the owners of the properties of 1064 and 1076 University Avenue also legally de- scribed as: Lot 2 of Lot 4 of the Subdivision of Mineral Lot 80, in the City of Dubuque, Iowa, ac- cording to the recorded plat thereof, sub- ject to easements of record; and Lot 3 of Lot 4 of the Subdivision of Mineral Lot 80, in the City of Dubuque, Iowa, ac- cording to the recorded plat thereof, sub- ject to easements of record; and Whereas, on November 18, 1993, the City of Dubuque Zoning Board of Adjustment granted a setback and parking variance for an addition to 1076 University Avenue; and Whereas, the Zoning Board of Adjustment place a condition requiring the owner of 1076 University Avenue to secure an access agree- ment through the adjacent Whisky River Property located at 1064 University; and Whereas, a Joint Driveway and Parking Easement Agreement was filed December 21, 2016 as Instrument No. 2016-17239 that com- plies with the condition of the variance; and Whereas, the property owners of 1064 and 1076 University Avenue wish to remove the parking portion of the easement from the Joint Driveway and Parking Easement Agreement; and Whereas, the agreement requires the City to approve of any modification or removal to/of the Joint Driveway and Parking Easement Agreement; and Whereas, on July 27, 2023, the Zoning Board of Adjustment approved a parking vari- ance for 1076 University that makes the park- ing requirements of the easement obsolete; and Whereas, via the [provided] agreement, the parties have come to terms as set forth herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The agreement regarding modi- fication and vacation of easements [provided] hereto is hereby approved. Section 2. The mayor is authorized and di- rected to sign the Agreement on behalf of the City of Dubuque. Passed, approved, and adopted this 21 st day of August 2023. Brad M. Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk 11. Accepting the 2023 Asphalt Overlay Ramp Project 3 and authorize the payment of the final contract amount of $158,465.49 to Valentine Construction, Co. LLC. Upon motion the documents were received and filed, and Resolution No. 265-23 Accepting the 2023 As- phalt Overlay Curb Ramp Project 3 and Author- izing the Payment to the Contractor was adopted. RESOLUTION NO. 265-23 ACCEPTING THE 2023 ASPHALT OVERLAY CURB RAMP PROJECT 3 AND AUTHORIZ- ING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the 2023 Asphalt Overlay Curb Ramp Pro- ject 3 (the Project) has been completed by the Contractor, Valentine Construction Co. 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 $158,465.49; and Whereas, the Contractor has previously been paid $150,542.21, leaving a balance of $7,923.27; and Page 1138 of 2498 Book 153 Regular Session, August 21, 2023 323 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 $7,923.27 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 21 sc day of August 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 12. Property Acquisition - 6505 Pennsylva- nia Avenue Owned by Steven E. and Sandra Jean Bahl for the future widening of Pennsyl- vania Ave - Middle Road and authorizing ac- ceptance of the Warranty Deed and any other related steps necessary to carry out the terms of the Offer. Upon motion the documents were received and filed, and Resolution No. 266-23 Approving the Acquisition of Real Estate Owned by Steven Eldon Bahl and Sandra Jean Bahl, in the City of Dubuque was adopted. RESOLUTION NO. 266 - 23 APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY STEVEN ELDON BAHL AND SANDRA JEAN BAHL, IN THE CITY OF DUBUQUE Whereas, the Dubuque Industrial Center Economic Development District is an urban re- newal area which allows the City of Dubuque to capture tax increment revenue from im- provements made in the District in order to pro- mote economic development activities; and Whereas, the City of Dubuque intends to expand the Dubuque Industrial Center Eco- nomic Development District; and Whereas, the proposed expansion and amendment of the Dubuque Industrial Center Economic Development District will result in acquisition of certain real estate, namely 6505 Pennsylvania Avenue; and Whereas, Steven Eldon Bahl and Sandra Jean Bahl (the Owners) of this certain real es- tate have voluntarily agreed to sell to the City of Dubuque the certain real estate legally de- scribed as follows (the Property): East 10 acres of the SW 114 of the East 114 of Section 19, T89N, R2E of the 5"' P.M. Dubuque County, Iowa; and Whereas, acquiring the Property will allow expansion of the Dubuque Industrial Center Economic Development District; and Whereas, the acquisition of this real estate is a voluntarily negotiated purchase by the City of Dubuque under Section 6B.1A of the Code of Iowa, and is not an acquisition by the City of Dubuque through its exercise of the power of eminent domain under Chapter 6B of the Code of Iowa; and Whereas, the Owners have agreed to sell the Property for a cost of $365,000.00 subject to certain credits in the Offer to Buy totaling $8,297.50 for a net cost of $356,702.50; and Whereas, a purchase agreement and ac- knowledgment of voluntary negotiation have been finalized with the Owners of the real es- tate scheduled for acquisition; and Whereas, it is in the best interest of the City to acquire the Property, subject to review of the updated abstract and title opinion by the City Attorney's Office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque, Iowa hereby approves the Offer to Buy Real Estate and Acceptance [provided] hereto subject to review of the updated ab- stract and title opinion by the City Attorney's Office. Section 2. That the Mayor be and is hereby authorized and directed to execute the Offer to Buy Real Estate and Acceptance on behalf of the City of Dubuque. Section 3. That the City of Dubuque be and is hereby authorized to accept a Warranty Deed from the owner, conveying the owner's interest to the City of Dubuque, Iowa for the herein described real estate. Section 4. That the City Clerk be and is hereby authorized and directed to cause said Warranty Deed to be recorded in the office of the Dubuque County Recorder, together with a certified copy of this Resolution. Passed, approved, and adopted this 21st day of August 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 13. Plat of Survey Seippel Warehouse LLC Property at Seippel Road and Cottingham Road and Acceptance of the Dedication of Said Lot A for Right of Way and Public Utility Pur- poses and the 40' Wide Access and Trail Ease- ment: Upon motion the documents were re- ceived and filed, and Resolution No. 267-23 Approving the Plat of Survey of Lot 1 & Lot A of Dubuque Industrial Center South Fourth Ad- dition in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 267-23 APPROVING THE PLAT OF SURVEY OF LOT 1 & LOT A OF DUBUQUE INDUSTRIAL CENTER SOUTH FOURTH ADDITION IN THE CITY OF DUBUQUE, IOWA Page 1139 of 2498 Book 153 Regular Session, August 21, 2023 324 Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a Plat of Survey dated August 8, 2023, prepared by Origin Design describing Lot 1 & Lot A of Dubuque Industrial Center South Fourth Addi- tion 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 A, along with a 40' wide access and trail ease- ment, which Seippel Warehouse, LLC, by said plat has dedicated to the public forever; and Whereas, the dedication of said Lot A as Right of Way of Cottingham Road for street and utility purposes, is in the best interest of the City of Dubuque; and Whereas, the dedication of said 40' wide easement allows for the construction and maintenance of a future public recreational trail expansion in the Dubuque Industrial Center South Fourth Addition. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the plat dated August 8, 2023 prepared by Origin Design, 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 A of Dubuque Industrial Center South Fourth Addi- tion in the City of Dubuque, for street Right of Way and public utility purposes, together with the 40' wide access and trail easement as it ap- pears on said Plat of Survey, 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 21 sc day of August 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 14. Acceptance of Certain Subdivision Im- provements in Rustic Point Estates #2: Upon motion the documents were received and filed, and Resolution No. 268-23 Accepting Certain Public Improvements in Rustic Point Estates #2, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 268-23 ACCEPTING CERTAIN PUBLIC IMPROVE- MENTS IN RUSTIC POINT ESTATES #2, IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to Resolution 281-21, certain public improvements including street paving with curb, sanitary sewer main, water main, storm sewers and catch basins, street lighting, fiber optic conduit, accessible sidewalk ramps, sanitary sewer lift station, and storm water detention facilities were installed by the developer of Rustic Point Estates # 2 in the City of Dubuque, Iowa; and Whereas, per to Resolution 13-23, all pub- lic improvements except accessible sidewalk ramps, sanitary sewer lift station, and storm water detention facilities were accepted by the City of Dubuque; and Whereas, the accessible sidewalk ramps and sanitary sewer lift station improvements have now been fully completed and the City Manager has examined the work and has filed a certificate stating that the same has been completed in accordance with the plans ap- proved by the City Council and in conformance with City specifications and has recommended that the improvements be accepted by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said acces- sible sidewalk ramps and sanitary sewer lift station public improvements in Rustic Point Es- tates #2, be and the same are hereby ac- cepted. Section 2. That the storm water detention facilities are not completed and not being ac- cepted at this time. Section 3. That a maintenance guarantee covering said accessible sidewalk ramps and sanitary sewer lift station public improvements shall be provided by the owners, Derby Grange LLC, for a period of two (2) years from the date of this resolution. Passed, approved, and adopted this 21 sc day of August 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 15. Application Authorization for a Traffic Safety Improvement Grant to assist with fund- ing to construct a proposed new Northwest Ar- terial eastbound dedicated right turn lane onto John F. Kennedy Road: Upon motion the doc- uments were received and filed, and Resolu- tion No. 269-23 Authorizing the Filing of a Grant Application with the Iowa Department of Transportation for Traffic Safety Improvement Grant Funding to Assist with Funding for Pro- posed Improvements to Construct a New Northwest Arterial Eastbound Dedicated Right Turn Lane on to John F. Kennedy Road was adopted. RESOLUTION NO. 269-23 AUTHORIZING THE FILING OF A GRANT APPLICATION WITH THE IOWA DEPART- MENT OF TRANSPORTATION FOR TRAF- FIC SAFETY IMPROVEMENT GRANT Page 1140 of 2498 Book 153 Regular Session, August 21, 2023 325 FUNDING TO ASSIST WITH FUNDING FOR PROPOSED IMPROVEMENTS TO CON- STRUCT A NEW NORTHWEST ARTERIAL EASTBOUND DEDICATED RIGHT TURN LANE ONTO JOHN F. KENNEDY ROAD Whereas, the increasing growth of traffic volumes, along with operational and safety concerns, at the intersection of Northwest Ar- terial and John F Kennedy (JFK) Road in the City of Dubuque could be improved by con- structing a proposed new Northwest Arterial eastbound dedicated right turn lane onto John F. Kennedy Road; and Whereas, the City of Dubuque has deter- mined that improvements to this intersection, as recommended by the Northwest Arterial Ca- pacity Study, will improve traffic flow efficiency; and Whereas, the City of Dubuque is seeking the necessary funding for project implementa- tion, and upon completion, in cooperation with the Iowa Department of Transportation, be re- sponsible for adequately maintaining and oper- ating the project for public use during the pro- ject's useful life. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA, THAT: Section 1. The City is hereby authorized to file the grant application with the Iowa Depart- ment of Transportation for Traffic Safety Im- provement Program funding to assist with fund- ing for proposed improvements to construct a proposed new Northwest Arterial eastbound dedicated right turn lane onto John F. Kennedy Road. Passed, approved, and adopted this 21 st day of August 2023 Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 16. Ten Year with an Up Front, One -Time Payment of $55,461.60 Extension of Fiber Op- tic Cable Facilities Agreement with Mediacom Iowa LLC: Upon motion the documents were received, filed, and approved. 17. Rescind Extension of Fiber Optic Cable Facilities Agreement with Mediacom Iowa LLC Public Hearing set for August 21, 2023. Upon motion the documents were received and filed, and Resolution No. 270-23 Rescinding Reso- lution No. 252-23 was adopted. RESOLUTION NO. 270-23 RESCINDING RESOLUTION NO. 252-23 Whereas, on the 7th day of August 2023, the City Council of the City of Dubuque Iowa adopted Resolution No. 252-23 for Extension of the Fiber Optic Cable Facilities Agreement with Mediacom Iowa LLC; and Whereas, fiber optic cable and conduit do not constitute "real property" and Whereas, the facilities agreement does not call for a public hearing. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1 Resolution No. 252-23 are hereby rescinded. Passed, approved, and adopted this 21 st day of August 2023. Brad Cavanagh, Mayor Attest: Trish Geason, Assistant City Clerk 18. Signed Contracts: Jeremy Biedermann, Andrea Biedermann, Allen Sawell, and Farm Bureau Financial Services for Villa Wall Settle- ment. Upon motion the documents were re- ceived and filed. 19. Approval of Retail Alcohol Licenses: Upon motion the documents were received and filed, and Resolution No. 271-23 Approving ap- plications for retail alcohol licenses, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 271-23 APPROVING APPLICATIONS FOR RETAIL ALCOHOL LICENSES, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDI- NANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CON- TROL, ARTICLE B LIQUOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for retail alcohol li- censes have been submitted and filed with the City Council for approval, and the same have been examined, provisionally approved, and/or approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City, and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Clerk is hereby author- ized and directed to cause to be issued at the noted premise address to the following appli- cants pending submission of the locally re- quired documentation: Renewals Hy-Vee 1 Market Cafe, 3500 Dodge St. Cafe Area Kwik Stop Food Mart, 2255 Kerper Blvd. Los Aztecas Mexican Restaurant, 2700 Dodge St. National Mississippi River Museum & Aquar- ium, 350 & 400 East Third St. Pete's Thai Kitchen, LLC, 609 East 22"d St. Southend Tap, 55 Locust. St. Page 1141 of 2498 Book 153 Regular Session, August 21, 2023 326 Third Corner, 210 West 1st St. West Dubuque Tap, 1701 Asbury Special Event(s) per Special Event Application Submittal Dubuque Jaycees - Millwork Night Market - 9-10-23 to 9-14-23, and 10-8-23 to 10-12- 23, 7th and Jackson St & gth and Jackson St. Peppercorn Food Company - 9-1-23 to 9-5- 23, 9-22-23 to 9-26-23, 10-20-23 to 10-24- 23, and 11-3-23 to 11-7-23, University of Dubuque parking lot Passed, approved, and adopted this 21 st day of August 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant 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. Upon motion the documents were re- ceived and filed, and Resolution No. 272-23 Fixing the date for a Public Hearing of the City Council of the City of Dubuque, Iowa on a De- velopment Agreement by and Between the City of Dubuque, Iowa and Chadwick Block, LLC, Including the Proposed Issuance of Urban Re- newal Tax Increment Revenue Obligations Re- lating Thereto, and Providing for the Publica- tion of Notice Thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 5, 2023 in the Historic Federal Building. RESOLUTION NO. 272-23 FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND CHADWICK BLOCK, LLC, INCLUDING THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX IN- CREMENT REVENUE OBLIGATIONS RE- LATING THERETO, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, City and Chadwick Block, LLC has entered into a Development Agreement, subject to the approval of the City Council, a copy of which is now on file at the Office of the City Clerk, City Hall, 50 W. 13th Street, Dubu- que, Iowa for the development of property lo- cated at 249 W 1 st Street; and Whereas, the City Council has tentatively determined that it would be in the best interests of the City to approve the Development Agree- ment with Chadwick Block, LLC; and Whereas, it is deemed necessary and ad- visable that City should authorize Urban Re- newal 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 pro- posal and of the time and place of the meeting at which the City Council proposes to take ac- tion thereon and at which meeting the City Council shall receive oral and/or written objec- tions 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 author- ized and directed to cause a notice to be pub- lished as prescribed by Iowa Code Section 403.9 of a public hearing on the City's intent to authorize Urban Renewal Tax Increment Rev- enue obligations, to be held on the 5th day of September, 2023, at 6:30 p.m. The official agenda will be posted on Friday, August 25, 2023 and will contain listening, viewing, and public input options. The City Council agenda may be accessed at https://cityofdubu- que.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 execution of the Development Agreement re- lating thereto with Chadwick Block, LLC, the proceeds of which obligations will be used to carry out certain of the special financing activi- ties described in the Urban Renewal Plan for the Greater Downtown Urban Renewal District, consisting of the funding of economic develop- ments grants to Chadwick Block, LLC pursuant to the Development Agreement. It is expected that the aggregate amount of the Tax Incre- ment Revenue obligations is not estimated to exceed $168,683. 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 circula- tion in said City, said publication to be not less than four days nor more than twenty days be- fore 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 [provided] hereto. Passed, approved, and adopted this 21 st day of August, 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk Page 1142 of 2498 Book 153 Regular Session, August 21, 2023 327 2. Upon motion the documents were re- ceived and filed, and Resolution No. 273-23 Fixing the Date for a Public Hearing of the City Council of the City of Dubuque, Iowa on a De- velopment Agreement by and Between the City of Dubuque, Iowa, and Farley & Loetscher, LLC, Including the Proposed Issuance of Ur- ban Renewal Tax Increment Revenue Obliga- tions Relating Thereto, and Providing for the Publication of Notice Thereof was adopted set- ting a public hearing for a meeting to com- mence at 6:30 p.m. on September 5, 2023 in the Historic Federal Building. RESOLUTION NO. 273-23 FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND FARLEY & LOE- TSCHER, 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 Farley & Loetscher, LLC have entered into a Development Agreement, subject to the approval of the City Council, a copy of which is now on file at the Office of the City Clerk, City Hall, 50 W. 13th Street, Dubu- que, Iowa for the development of property lo- cated at 801 Main Street; and Whereas, the City Council has tentatively determined that it would be in the best interests of the City to approve the Development Agree- ment with Farley & Loetscher, LLC; and Whereas, it is deemed necessary and ad- visable that City should authorize Urban Re- newal 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 pro- posal and of the time and place of the meeting at which the City Council proposes to take ac- tion thereon and at which meeting the City Council shall receive oral and/or written objec- tions 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 author- ized and directed to cause a notice to be pub- lished as prescribed by Iowa Code Section 403.9 of a public hearing on the City's intent to authorize Urban Renewal Tax Increment Rev- enue obligations, to be held on the 5th day of September, 2023, at 6:30 o'clock p.m. The of- ficial agenda will be posted on Friday, August 25, 2023 and will contain listening, viewing, and public input options. The City Council agenda may be accessed at https://cityofdubu- que.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 execution of the Development Agreement re- lating thereto with Farley & Loetscher, LLC , the proceeds of which obligations will be used to carry out certain of the special financing ac- tivities described in the Urban Renewal Plan for the Greater Downtown Urban Renewal District, consisting of the funding of economic develop- ments grants to Farley & Loetscher, LLC pur- suant to the Development Agreement. It is ex- pected that the aggregate amount of the Tax Increment Revenue obligations to be issued will be approximately $2,630,619. 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 circula- tion in said City, said publication to be not less than four days nor more than twenty days be- fore 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 [provided] hereto. Passed, approved, and adopted this 21 st day of August, 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 3. Upon motion the documents were re- ceived and filed, and Resolution No. 274-23 Chaplain Schmitt Island Trail Connection Pro- ject, Iowa DOT Project No. EDP- 2100(704)- 7Y-31 - Preliminary Approval of Plans, Specifi- cations, Form of Contract, and Estimated Cost; Setting Date of Public Hearing on Plans, Spec- ifications, Form of Contract, and Estimated Cost was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on Septem- ber 5, 2023 in the Historic Federal Building. RESOLUTION NO. 274-23 CHAPLAIN SCHMITT ISLAND TRAIL CON- NECTION PROJECT, IOWA DOT PROJECT NO. EDP-2100(704)-7Y-31 - PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEAR- ING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Page 1143 of 2498 Book 153 Regular Session, August 21, 2023 328 Section 1. The proposed plans, specifica- tions, form of contract and estimated cost for the Chaplain Schmitt Island Trail Connection Project, Iowa DOT Project No. EDP- 2100(704)-7Y-31 in the estimated amount $1,041,415, 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 51h day of September, 2023, at 6:30 p.m. in the Historic Federal Building Council Cham- bers (and/or by virtual means) 350 W. 6th Street, Dubuque, Iowa, at which time inter- ested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Pro- ject, and the City Clerk be and is hereby di- rected to cause the [provided] 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 hear- ing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or esti- mated cost of the Project. Passed, adopted, and approved this the 215t day of August 2023. Brad M. Cavanaugh, Mayor Attest: Trish L. Gleason, Assistant City Clerk PUBLIC HEARINGS 1. Petition to Vacate a portion of National Street, in the City of Dubuque, Iowa (Agree- ment between City of Dubuque and Dennis R. Walker): Motion by Jones to receive and file the documents and adopt Resolution No. 275-23 Vacating 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 and Resolution No. 276-23 Disposing of City Interest in Lot 86A in McDaniel's Park Hill (Aka "Park Hill, City of Dubuque, Iowa 1856), in the City of Dubuque, Iowa. Seconded by Sprank. Motion carried 7-0. RESOLUTION NO. 275-23 RESOLUTION VACATING A PORTION OF NATIONAL STREET, IN THE CITY OF DUBU- QUE, 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 agree- ment with Dennis R. Walker for the convey- ance of City Owned property including a por- tion 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 Na- tional 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; and Whereas, pursuant to resolution and pub- lished notice of time and place of hearing, pub- lished in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 11th day of August 2023, the City Council of the City of Dubuque, Iowa met on the 21 st day of August 2023, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 61h 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 objec- tions, oral or written to the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa, has determined that the pro- posed vacation Lot 86A in McDaniel's Park Hill (AKA "Park Hill, City of Dubuque, Iowa 1856), in the City of Dubuque, Iowa should be ap- proved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the real estate described as Lot 86A in McDaniel's Park Hill (AKA "Park Hill, City of Dubuque, Iowa 1856), in the City of Dubuque, Iowa, be and the same is hereby va- cated. Passed, approved, and adopted this 21st day of August 2023 Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk RESOLUTION NO. 276-23 DISPOSING OF CITY INTEREST IN LOT 86A IN MCDANIEL'S PARK HILL (AKA "PARK HILL, CITY OF DUBUQUE, IOWA 1856), IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to resolution and pub- lished notice of time and place of hearing, pub- lished in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 11th day of August, 2023, the City Council of the City of Dubuque, Iowa met by virtual means on the 21 st day of August, 2023, at 6:30 p.m. in the Historic Fed- eral 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: Page 1144 of 2498 Book 153 Regular Session, August 21, 2023 329 Lot 86A in McDaniel's Park Hill (AKA "Park Hill, City of Dubuque, Iowa 1856), in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written to the proposal to sell such real estate. 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 Lot 86A in McDaniel's Park Hill (AKA "Park Hill, City of Dubuque, Iowa 1856), in the City of Dubuque, Iowa, to Dennis R. Walker 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 Dennis R. Walker. Section 3. That the City Clerk be and is hereby authorized and directed to record a cer- tified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved, and adopted this 21 st day of August 2023 Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 2. Fourth Amendment to Development Agreement by and between the City of Dubu- que, Iowa, and Port of Dubuque LLC: Motion by Jones to receive and file the documents and adopt Resolution No. 277-23 Approving the Fourth Amendment to Development Agree- ment Between the City of Dubuque, Iowa and Port of Dubuque LLC Which Provides for the Proposed Awarding of Housing Incentive Ac- quisition Grants. Seconded by Wethal. Motion carried 7-0. RESOLUTION NO. 277-23 APPROVING THE FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT BE- TWEEN THE CITY OF DUBUQUE, IOWA AND PORT OF DUBUQUE LLC WHICH PRO- VIDES FOR THE PROPOSED AWARDING OF HOUSING INCENTIVE ACQUISITION GRANTS 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 obliga- tions (the Grants); and Whereas, Merge, LLC assigned the Devel- opment Agreement to Port of Dubuque, LLC on the 131h day of February, 2020, with the consent of City in a Second Amendment dated November 16, 2020; and Whereas, a Third Amendment to Develop- ment dated May 15, 2020, extended the clos- ing 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 [provided] 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 no- tice of the proposal and of the time and place of the meeting at which the City Council pro- poses 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. That the Fourth Amendment to Development Agreement by and Between the City of Dubuque, Iowa and Port of Dubuque LLC, a copy of which is [provided] hereto, in- cluding the issuance of Housing Incentive Ac- quisition Grants, is hereby approved. Section 2. That the Mayor is hereby author- ized and directed to execute the Development Agreement on behalf of the City of Dubuque and the City Clerk is authorized to attest to his signature. Section 3. That the City Manager is author- ized to take such actions as are necessary to comply with the terms of the Development Agreement as herein approved Passed, approved, and adopted this 21st day of August, 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 3. 2023 Maintenance Dredging Harbor Area Project: Motion by Roussell to receive and file the documents and adopt Resolution No. 278-23 Approval of Plans, Specifications, form of Contract, and Estimated Cost for the 2023 Maintenance Dredging Project. Bob Schiesl, Assistant City Engineer was present to respond to questions from the City Council. Se- conded by Wethal. Motion carried 7-0. RESOLUTION NO. 278-23 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE 2023 MAINTENANCE DREDGING PROJECT Page 1145 of 2498 Book 153 Regular Session, August 21, 2023 330 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the [provided] plans, specifications, form of contract and estimate of total cost for the 2023 Maintenance Dredging Project in the estimated amount $500,000.00, are hereby ap- proved. Passed, approved, and adopted this 21 sc day of August 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 4. Voluntary Annexation Request for Butler Children's Garden Foundation, Inc., known as The Wanderwood Gardens for approximately 18.7 acres of property: Motion by Farber to re- ceive and file the documents and adopt Reso- lution No. 279-23 Approving an Application for Voluntary Annexation of Territory to the City of Dubuque, Iowa. Seconded by Resnick. Motion carried 7-0. RESOLUTION NO. 279-23 APPROVING AN APPLICATION FOR VOL- UNTARY ANNEXATION OF TERRITORY TO THE CITY OF DUBUQUE, IOWA Whereas, the City Council of Dubuque has received a written application from the Butler Children's Garden Foundation, Inc. (applicant and property owner) for the voluntary annexa- tion of approximately 18.717 acres of property. The property is comprised of undeveloped for- est land just north of the Dubuque Arboretum in Dubuque County as shown on Exhibit A and legally described as: All of Lot 2 of Y-Camp Place No. 3 In Dubuque County, Iowa, Containing 18.717 Acres; and Whereas, the annexation territory is not subject to an existing annexation moratorium agreement and does not include any railroad property; and Whereas, the annexation territory does not include State-owned property; and Whereas, Chapter 368 of the Code of Iowa authorizes this annexation by adoption of a res- olution and required notification; and Whereas, the annexation territory is con- sistent with the City's Comprehensive Plan; and Whereas, the future growth and develop- ment of the City of Dubuque, Iowa makes it de- sirable that the annexation territory be made part of the City of Dubuque, Iowa; and Whereas, the City of Dubuque has the ca- pacity to provide substantial municipal services to the annexation territory; and Whereas, the annexation is in the public in- terest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the application for the vol- untary annexation of property by the Butler Children's Garden Foundation, Inc. (applicant and property owner) consisting of 18.717 acres as shown on Exhibit A is hereby approved for annexation to the City of Dubuque. Section 2. That, subject to the approval of the City Development Board, the corporate lim- its of the City of Dubuque be and they hereby are extended to include the approximately 18.717 acres of annexation territory as shown on Exhibit A Annexation Map and Exhibit C An- nexation Legal Description. Section 3. That the City Council does hereby certify that the City of Dubuque has complied with the notice and hearing require- ments of the Iowa Code pertaining to 100% vol- untary annexation of territory within the urban- ized area of another city. Section 4. That if the City Development Board approves this annexation, the territory hereby annexed shall become a part of Ward Two of the City of Dubuque. Section 5. That the City Clerk shall file this resolution, all exhibits and the applications for voluntary annexation with the City Develop- ment Board of the State of Iowa in accordance with the provisions of Chapter 368 of the Iowa Code. Section 6: That the Real Estate owned by Butler Children's Garden Foundation, Inc. shall be entitled to the following partial exemption from taxation for City taxes for a period of then (10) years following the final order of the City Development Board after the exhaustion of any and all appeals from the action of the Board by any person or the expiration of the time within which such appeals may be brought, approving the voluntary annexation of the property: 1. For the first and second year, seventy- five percent (75%) 2. For the third and fourth year, sixty per- cent (60%) 3. For the fifth and sixth year, forty-five per- cent (45%) 4. For the seventh and eighth year, thirty percent (30%) 5. For the ninth and tenth year, fifteen per- cent (15%). Passed, approved, and adopted this 21 sc day of August 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 5. The Zoning Advisory Commission rec- ommends approval of the Request to Rezone 1064 and 1070 University Avenue by Chad Streff with restrictions: Motion by Jones to re- ceive and file the documents and that the re- quirement that a proposed ordinance be con- sidered and voted on for passage at two Coun- cil meetings prior to the meeting at which it is to be passed be suspended. Seconded by Page 1146 of 2498 Book 153 Regular Session, August 21, 2023 331 Wethal. Motion carried 7-0. Planning Services Manager Wally Wernimont provided a staff re- port. Motion by Jones for final consideration and passage of Ordinance No. 36-23 Amending Ti- tle 16 of the City of Dubuque Code of Ordi- nances, Unified Development Code, by Re- classifying Hereinafter Described Property Lo- cated at 1064 University Avenue From C-2 Neighborhood Commercial Shopping Center District to C-3 General Commercial District with Conditions as Established in the attached Memorandum of Agreement. Seconded by Wethal. Motion carried 7-0. ORDINANCE NO. 36 -23 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLAS- SIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1064 UNIVER- SITY AVENUE FROM C-2 NEIGHBORHOOD COMMERCIAL SHOPPING CENTER DIS- TRICT TO C-3 GENERAL COMMERCIAL DISTRICT WITH CONDITIONS AS ESTAB- LISHED IN THE ATTACHED MEMORANDUM OF AGREEMENT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubu- que Code of Ordinances, the Unified Develop- ment Code, is hereby amended by reclassify- ing the hereinafter -described property from C- 2 Neighborhood Commercial Shopping Center District to C-3 General Commercial District with conditions, to wit: Lot 2 of Lot 4 of the Subdivision of Min- eral Lot 80, in the City of Dubuque, Iowa, according to the recorded plats thereof, subject to easements of record and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication, as provided by law. Passed, approved, and adopted this 21 sc day of August 2023. /s/Brad M. Cavanaugh, Mayor Attest:/s/Trish L. Gleason, Assistant City Clerk Published officially in the Telegraph Herald newspaper on the 25"' day of August 2023. /s/ Trish L. Gleason, Assistant City Clerk MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5, and as an express condition of rezoning of the property located at 1064 University and legally described as: Lot 2 of Lot 4 of the Subdivision of Mineral Lot 80 in the City of Dubuque, Iowa, ac- cording to the recorded plats thereof, sub- ject to easements of record and to the centerline of the adjoining public right-of- way, all in the City of Dubuque, Iowa which is the subject of Ordinance No. 36- 23, a copy of which is [provided] hereto and in- corporated herein by reference, the under- signed property owner(s) agree(s) to the fol- lowing conditions, all of which the property owner(s) further agree(s) are reasonable and are imposed to satisfy public needs which are caused directly by the rezoning: A) Conditions: 1) That the list of Permitted Uses shall be limited to: 1. Appliance sales or service., 2. Artist studio. 3. Automated gas station. 4. Bank, savings and loan, or credit union. 5. Barber or beauty shop. 6. Bar or Tavern 7. Commercial greenhouse. 8. Furniture or home furnishing sales. 9. Furniture upholstery or repair. 10. Gas station. 11. General office. 12. Golf course. 13. Indoor restaurant. 14. Laundry, dry cleaner, or Laundro- mat. 15. Licensed childcare center. 16. Medical office. 17. Neighborhood shopping center. 18. Parks, public or private, and simi- lar natural recreation areas. 19. Photographic studio. 20. Place of religious exercise or as- sembly. 21. Railroad or public or quasi -public utility, including substation. 22. Registered child development home. 23. Residential use above the first floor only. 24. Retail sales and service. 25. School of private instruction. 2) All Conditional Uses, Parking Require- ments, Sign and Bulk Regulations shall comply with the C-2 Neighborhood Shop- ping Center Zoning Regulations. 3) Accessory Uses: Any use customarily incidental and subordinate to the principal use it serves. 4) Temporary uses shall be regulated in conformance with the provisions of section 16-3-19 of this title. 5) Hours of operation for outside activities shall be limited to 9:00 AM to 10:00 PM Sunday thru Thursday and 9:00 AM to Page 1147 of 2498 Book 153 Regular Session, August 21, 2023 332 Midnight on Friday and Saturday. B) Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate zoning reclassification proceedings to the C-2 Neigh- borhood Shopping Center District if the prop- erty owner fails to complete any of the condi- tions or provisions of this Agreement. C) Modifications. Any modifications of this Agreement shall be considered a zoning re- classification and shall be subject to the provi- sions of the Title 16, Unified Development Code, governing zoning reclassifications. All such modifications must be approved by the City Council of Dubuque, Iowa. D) Recording. A copy of this Agreement shall be recorded with the Dubuque County Re- corder as a permanent record of the conditions accepted as part of this rezoning approval within ten (10) days of the adoption of Ordi- nance No. 36-23. E) Construction. This Agreement shall be construed and interpreted as though it were part of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code. F) This Agreement shall be binding upon the undersigned and his/her heirs, successors, and assignees. ACCEPTANCE OF ORDINANCE NO. 36-23 I, Chad A. Streff and Kymberly A. Streff, having read the terms and conditions of the foregoing Ordinance No. 36-23 and being fa- miliar with the conditions thereof, hereby ac- cept this same and agree to the conditions re- quired therein. Dated in Dubuque, Iowa this 4t" day of Au- gust, 2023. /s/Chad A. Streff, property owner /s/Kymberly A. Streff, property owner 6. The Zoning Advisory Commission rec- ommends approval of the Request to Rezone - 190 North Crescent Ridge from Adam Kafer, SIMS Properties, LLC. as submitted: Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Farber. Motion carried 7-0. Planning Services Manager Wally Wernimont provided a staff re- port. Motion by Jones for final consideration and passage of Ordinance No. 37-23 Amending Ti- tle 16 of the City of Dubuque Code of Ordi- nances, Unified Development Code, by Re- classifying Hereinafter Described Property Lo- cated at 190 North Crescent Ridge from CS Commercial Service and Wholesale District to C-3 General Commercial District. Seconded by Farber. Motion carried 7-0. ORDINANCE NO. 37-23 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLAS- SIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 190 NORTH CRESCENT RIDGE FROM CS COMMER- CIAL SERVICE AND WHOLESALE DIS- TRICT TO C-3 GENERAL COMMERCIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubu- que Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafter —described property from CS Com- mercial Service and Wholesale District to C-3 General Commercial District, to wit: Lot 1 of Tschiggfrie Commercial No. 3 and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved, and adopted this 21 st day of August, 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk Published officially in the Telegraph Herald newspaper on the 25t" day of August 2023. /s/ Trish L. Gleason, Assistant City Clerk PUBLIC INPUT Dale Leslein, 17291 Asbury Rd., Durango, Ia. provided input in favor of City Council estab- lishing an ATV-UTV ordinance for the City of Dubuque Paul Schultz, 1040 Mount Carmel Dr. pro- vided input in favor of City Council prioritizing the Food Scrap Composting program. Julie Castella, 1040 Mount Carmel Dr. reit- erated the statement made by Mr. Schultz re- garding the Food Scrap Composting program. ACTION ITEMS 1. Telegraph Herald "My View" article by Chief Financial Officer Jennifer Larson, Dubu- que's credit rating increase can bring substan- tial taxpayer savings: Motion by Roussell to re- ceive and file the documents. Seconded by Sprank. Motion carried 7-0. 2. Dubuque Named One of 11 Iowa Thriv- ing Communities by Iowa Finance Authority (IFA) and Iowa Economic Development Page 1148 of 2498 Book 153 Regular Session, August 21, 2023 333 Authority (IEDA): Motion by Wethal to receive and file the documents. Seconded by Sprank. Motion carried 7-0. 3. Greater Dubuque Development Corpora- tion Quarterly Report and presentation of An- nual Report: Motion by Resnick to receive and file the documents and listen to the presenta- tion. Seconded by Farber. Rick Dickinson, President, and CEO of The Greater Dubuque Development Corporation presented the quar- terly update on the activities of the Greater Dubuque Development Corporation and pro- vided City Council with copies of the Greater Dubuque Development Corporation 2022- 2023 Annual Report. Motion carried 7-0. 4. Request for Work Session - Developer's Roundtable Report: Motion by Resnick to re- ceive and file the documents and schedule the work session for Monday, November 6, 2023, beginning at 5:15 p.m. Seconded by Jones. No schedule conflicts were expressed. Motion car- ried 7-0. 5. Platting of City Property along East Fifth Street and Bell Street in the Port of Dubuque for McCoy Group, Inc. Development Agree- ment: Motion by Roussell to receive and file the documents and adopt Resolution No. 280-23 Approving Plat of Survey of Lot 1-1 and 2-1 of Riverwalk Ninth Addition, in the City of Dubu- que, Dubuque County, Iowa. Seconded by Far- ber. Motion carried 7-0. RESOLUTION NO. 280-23 APPROVING PLAT OF SURVEY OF LOT 1-1 AND 2-1 OF RIVERWALK NINTH ADDITION, IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 8"' day of August 2023, prepared by The City of Dubuque Engineering Depart- ment, re -platting Lot 1 of Riverwalk Ninth Addi- tion, to be hereinafter known as Lot 1-1 and Lot 2-1 of Riverwalk Ninth Addition, in the City of Dubuque, Dubuque County, 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 the 8th day of August 2023, prepared by The City of Dubuque Engineering Department relative to the real es- tate 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. 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 21s' day of August 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 6. Request to Rename "Dubuque Ice Arena" to "ImOn Arena": Motion by Sprank to receive and file the documents and adopt Res- olution No. 281-23 Renaming the Dubuque Ice Arena to ImOn Arena. Seconded by Wethal. Marie Ware, Leisure Services Manager re- sponded to questions from City Council. Motion carried 7-0. RESOLUTION NO. 281-23 RENAMING THE DUBUQUE ICE ARENA TO IMON ARENA Whereas, the City of Dubuque entered into a Development Agreement and Lease which facilitated the construction of an indoor ice arena located on property it owns on Chaplain Schmitt Island in 2009; and Whereas, the indoor ice arena was con- structed by Dubuque Community Ice & Recre- ation Center, Inc. between the years of 2009 and 2010 at 1800 Admiral Sheehy Drive, Dubu- que, IA 52001; and Whereas, the City entered into a partner- ship with the Dubuque Racing Association (DRA) on January 1, 2022 with an Interim Staff- ing Agreement for the Mystique Community Ice Center; and Whereas, the Schmitt Island Development Corporation and the City executed the Schmitt Island Management Agreement and Adden- dum on October 20, 2022 to fully transition all ice arena day-to-day management activities beyond what the staffing agreement outlined; and Whereas, the indoor ice arena was origi- nally named The Mystique Community Ice Center and was renamed the Dubuque Ice Arena; and Whereas, the Schmitt Island Development Corporation has focused on sponsorships and naming for the ice arena for efficient and effec- tive management and marketing of the arena; and Whereas, ImOn Communications has signed a letter of intent of initial sponsorship fee in aggregate would be $500,000 in annual installments of $100,000; and Whereas, ImOn Communications would be responsible for all requisite promotional costs associated with the naming rights for items in- cluding signage production and installation costs; and Whereas, the name change will help re- duce the city subsidy for the ice arena and mar- ket the facility. Page 1149 of 2498 Book 153 Regular Session, August 21, 2023 334 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby changes the name of the indoor ice arena, lo- cated at 1800 Admiral Sheehy Drive, Dubuque, Iowa 52001, from the 'Dubuque Ice Arena' to the 'ImOn Arena', effectively immediately. Passed, approved, and adopted this 17th day of July 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 7. Proposed Downtown Urban Renewal District Housing Incentive which will offer the choice between 10 years of abatement fol- lowed by 5 years of TIF or 15 years of TIF: Mo- tion by Jones to receive and file the documents and approve. Seconded by Wethal. Motion car- ried 7-0. 8. Invitation to Participate as one of twelve U.S. cities to participate in the inaugural Cities Forward Initiative: Motion by Roussell to re- ceive and file the documents and approve. Se- conded by Jones. Motion carried 7-0. 9. Burlington Street Water Main Improve- ment Project 2023 Award to Tschiggfrie Exca- vating in the amount of $312,252.00: Motion by Sprank to receive and file the documents and adopt Resolution No. 282-23 Awarding Public Improvement Contract for the Burlington Street Water Main Improvement Project 2023. Se- conded by Jones. Motion carried 7-0. RESOLUTION NO. 282-23 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE BURLINGTON STREET WATER MAIN IMPROVEMENT PROJECT 2023 Whereas, sealed proposals have been sub- mitted by contractors for the Burlington Street Water Main Improvement Project 2023, (the Project) pursuant to Resolution No. 230-23 and Notice to Bidders published on the City of Dubuque, Iowa website and plan room service with statewide circulation on the 21 sc day of July 2023; and Whereas, said sealed proposals were opened and read on the loth day of August 2023 and it has been determined that Tschig- gfrie Excavating of Dubuque Iowa, in the base bid amount of $312,252.00, is the lowest re- sponsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That a Public Improvement Contract for the Burlington Street Water Main Improvement Project 2023, is hereby awarded to Tschiggfrie Excavating and the City Manager is hereby di- rected to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, adopted, and approved this 21 sc day of August, 2023. Brad Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 10. Notice of Award & Request to Execute Agreement for 23-24 City of Dubuque Ameri- Corps Program: Creating Opportunities Grant: Motion by Jones to receive and file the docu- ments and approve. Seconded by Wethal. Mo- tion carried 7-0. 11. Merrill Crawford Feature for Leisure Services Summer Employment Promotion: Motion by Jones to receive and file the docu- ments and view the video. Seconded by Far- ber. Public Information Office staff will show a video profiling Merrill Crawford, a seasonal em- ployee in the City's Recreation Division. The video can also be viewed at https://voutu.be/RoLDLKCRmQO. Motion car- ried 7-0. 12. Police Department Community Re- source Officer Profiles Video: Motion by Jones to receive and file the documents and view the video. Seconded by Sprank. Public Information Office staff will show two videos profiling Com- munity Resource Officers Ava Jorin and Dave Weis from the Police Department. The videos can also be seen on YouTube at: Ava Jorin: https://youtu.be/'7wKT8DOWaQ Dave Weis: https://youtu.be/igZ66vap8pg. Motion carried 7-0. 13. Van Cleave Family & Miracle League of Dubuque Video: Motion by Roussell to receive and file the documents and view the video. Se- conded by Wethal. Public Information Office staff will show a video featuring the Van Cleave family and their involvement with the Miracle League of Dubuque. The video can also be viewed at https://voutu.be/90lCr2fKaa4. Mo- tion carried 7-0. COUNCIL MEMBER REPORTS Council Member Resnick Welcomed stu- dents back to Dubuque and complimented the Public Information Office for their video produc- tion skills, encouraging the public to watch their productions. Council Member Sprank reported that Lo- ras College had provided transportation to all the incoming freshmen to attend the Saturday Farmers' Market. Mr. Sprank attended an event sponsored by the Dubuque Esports League that help gamers be mindful when nav- igating the internet and gaming sites. Council Member Jones thanked Senator Grassley, Senator Ernst, and Congresswoman Page 1150 of 2498 Book 153 Special Session, August 22, 2023 335 Hinson for allowing their congressional staff members from Washington D.C. to participate in a tour of Dubuque to see how Dubuque is putting the staff members work into action and how the effects of what the Congress does or doesn't do directly effects the residents of Dubuque. Mayor Cavanagh reiterated the statement of Council Member Jones and how apprecia- tive council was that they all were able to at- tend. Council Member Wethal reported having coffee with members of the Ecumenical Tow- ers and hearing their views on issues. Ms. Wethal attended the Mount Carmel Bluffs open house in Mayor Cavanagh's absence. Council Member Farber also attended Mount Carmel Bluffs open house. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 9:06 p.m. to discuss 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 ses- sion at 9:59 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/Trish L. Gleason, Assistant City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 4:10 p.m. on August 22, 2023, in the Grand River Center Room #4. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, Assistant City Attorney Lehman. Mayor Cavanagh read the call and stated this is a special session of the City Council called for the purpose of conducting the annual goal setting session 1 of 3. GOAL SETTING SESSION 1 OF 3 Mayor Cavanagh provided introductory re- marks and reviewed the city's mission and vi- sion statements. Facilitator Lyle Sumek, of Lyle Sumek Associates, Inc., reviewed the following sections of the Leader's Guide 2024 Working Document for input from the City Council: Section 4: Dubuque Performance Report 2022-2023 Section 7: Strategic Discussion on Critical Issues Section 8: Plan 2023-2028 Goal 1: Vibrant Community: Healthy and Safe Goal 2: Financially Responsible, High -Per- formance City Organization: Sustainable, Equi- table and Effective Service Delivery There being no further business, Mayor Cavanagh declared the meeting adjourned at 9:15 p.m. /s/Trish L. Gleason, Assistant City Clerk Page 1151 of 2498 Book 153 al Sessions, August 23 and 24, 2023 336 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 4:00 p.m. on August 23, 2023, in the Grand River Center Room #4. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attor- ney Brumwell. Mayor Cavanagh read the call and stated this is a special session of the City Council called for the purpose of conducting the annual goal setting session 2 of 3. GOAL SETTING SESSION 2 OF 3 Facilitator Lyle Sumek, of Lyle Sumek As- sociates, Inc., reviewed the following section of the Leaders Guide 2023 working document for input from the City Council: Section 8: Plan 2023-2028 Goal 3: Robust Local Economy: Diverse Businesses and Jobs with Economic Prosper- ity Goal 4: Livable Neighborhoods and Hous- ing: Great Place to Live Goal 5: Sustainable Environment: Preserv- ing and Enhancing Natural Resources Goal 6: Connected Community: Equitable Transportation, Technology Infrastructure, and Mobility Goal 7: Diverse Arts, Culture, Parks, and Recreation: Experiences and Activities Goal 8: Partnership for a Better Dubuque: Building Our Community that is Viable, Livable, and Equitable There being no further business, Mayor Cavanagh declared the meeting adjourned at 9:17 p.m. /s/Trish L. Gleason, Assistant City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 4:00 p.m. on August 24, 2023, in the Grand River Center Room #4. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attor- ney Brumwell. Mayor Cavanagh read the call and stated this is a special session of the City Council called for the purpose of conducting the annual goal setting session 3 of 3. GOAL SETTING SESSION 3 OF 3 Facilitator Lyle Sumek, of Lyle Sumek As- sociates, Inc., facilitated the City Council iden- tifying top and high priorities for a 2023-2025 policy agenda as well as in -progress projects and capital projects for 2023-2025, subse- quently resulting in the following goals and pri- orities: The 2038 Dubuque Vision Statement: Dubuque 2038 is a sustainable and resili- ent city, an inclusive and equitable community where ALL are welcome. Dubuque 2038 has preserved our Masterpiece on the Mississippi, has a strong, diverse economy and expanding connectivity. Our residents experience healthy living and active lifestyles; have choices of quality, affordable, livable neighborhoods; have an abundance of diverse, fun things to do; and are successfully and actively engaged in the community. Mission Statement: Dubuque city government is progressive and financially sound with residents receiving value for their tax dollars and achieving goals through partnerships. Dubuque city govern- ment's mission is to deliver excellent municipal services that support urban living; contribute to an equitable, sustainable city; plan for the com- munity's future; and facilitate access to critical human services. City of Dubuque Goals 2028: Vibrant Community: Healthy and Safe Financially Responsible, High -Performance City Organization: Sustainable, Equita- ble, and Effective Service Delivery Robust Local Economy: Diverse Businesses and Jobs with Economic Prosperity Livable Neighborhoods and Housing: Great Place to Live Page 1152 of 2498 Book 153 Regular Session, September 5, 2023 337 Sustainable Environment: Preserving and Enhancing Natural Resources Connected Community: Equitable Transpor- tation, Technology Infrastructure, and Mobility Diverse Arts, Culture, Parks, and Recreation Experiences and Activities Partnership for a Better Dubuque: Building Our Community that is Viable, Livable, and Equitable Policy Agenda: Policy agenda items are issues that need direction or a policy decision or a major funding decision by the City Council, or issues that need City Council leadership in the community or with other governmental bodies. The policy agenda is divided into top priorities and high priorities. 2023 — 2025 Top Priorities (in alphabeti- cal order): Air Service: Future Strategy and Action Plan City Workforce Retention and Attraction Comprehensive Study of Fire Station Loca- tions and Staffing Police Department Full Staffing Street Maintenance and Rehabilitation Pro- gram 2023 — 2025 High Priorities (in alphabetical order): Bee Branch Detention Basin Pump Replace- ment Catfish Creek Sanitary Sewer Project Pump Station Central Avenue Corridor Revitalization Plan Leveraging Federal and State Infrastructure Grant Programs RAISE Grant & Matching Funds for Construc- tion (14th St. Railroad Overpass and Elm St. and 16th St. Corridor Complete Streets) Mayor Cavanagh provided closing remarks and thanked the City Council for their open and candid conversations regarding the more than one hundred twenty-five (125) priorities initially presented to them. Their ability to compromise and work together as a team made a difficult process possible. The Mayor shared how proud he was to be part of such a professional group of people with serving the residents of Dubuque as their primary focus. The Mayor concluded his remarks by saying that Dubuque and the Dubuque City Council can be a model of optimism for other communities. There being no further business, Mayor Cavanagh declared the meeting adjourned at 7:11 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 September 5, 2023 in the second -floor Council Chambers of the His- toric Federal Building, 350 W. 61h Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attorney Brum- wel I Mayor Cavanagh read the call and stated this is a regular session of the City Council called for the purpose of conducting such busi- ness that may properly come before the City Council. PLEDGE OF ALLEGIANCE PROCLAMATION(S) 1. Nathaniel and Charlotte Morgan Peace Week (September 4-8): was accepted by Ern- estine Moss, Chris Happ-Olson, and Brian Hallstoos, on behalf of Nathaniel Morgan Me- morial Committee (NMMC) 2. Days of Peace and Nonviolence (Sep- tember 6 to October 1): was accepted by R.R.S. Stewart on behalf of Dubuque Interna- tional Day of Peace Coordinating Committee 3. Childhood Cancer Awareness Month (September): was accepted by Mitchell Schmitt, board member of Children's Cancer Connection and childhood cancer survivor and on behalf of Children's Cancer Connection 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 8/1/23, 8/21/23, 8/22/23, 8/24/23; Proof of Publication of City Council Proceedings of 7/31/23, 8/7/23 Upon motion the documents were received and filed. 2. Expenses submitted for City Council Ap- proval: Upon motion the documents were re- ceived and filed, and Resolution No. 283-23 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. Page 1153 of 2498 Book 153 Regular Session, September 5, 2023 338 RESOLUTION NO. 283-23 AUTHORIZING THE CHIEF FINANCIAL OF- FICER / CITY TREASURER TO MAKE CER- TAIN 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 gen- erally accepted internal control procedures and have been determined to have been requisi- tioned for a lawful municipal purpose; and Whereas, the Chief Financial Officer -City Treasurer has provided a list of Expenditures [provided] 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 Fi- nancial Officer -City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is [provided] 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 pay- ment 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 ac- cordance with approved budget appropria- tions. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Chief Fi- nancial Officer are hereby authorized and di- rected to provide the statement of receipts and disbursements to the City Council, and to pub- lish a summary thereof. Passed, approved, and adopted this 5t" day of September, 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk Items 3 and 4. City Manager providing a copy of the September/October 2023 Issue of City News Newsletter and the 2023 City Ser- vices Guide brochure. Upon motion the docu- ments were received and filed. 5. National Endowment for the Arts (NEA) Local Arts Agency (LAA) American Rescue Plan Act (ARPA) Creative Empowerment Subgrant Funding Recommendation for Round 2. Upon motion the documents were received, filed, and concurred. Items 6 to 13 - City Manager providing a copy of the City of Dubuque Employment bro- chure; Employment and Empowerment Expo Flyer; Updated Local Housing Creation, Ac- cess, & Affordability Programs & Incentives Brochure; Creating Housing Opportunities: New Housing Units Approved and/or Under Review — 2,029 Lots/Units; Carnegie -Stout Public Library Fall Program Guide Brochure; Fall 2023 "Let's Go!" Activities Flyer; Multicul- tural Family Center section of Let's Go Activi- ties Guide Fall 2023 brochure; The Creation of a Neighborhood Association Toolkit. Upon mo- tion the documents were received and filed. 14. Iowa Grocer's Association Fireworks Permit Request from J&M Displays, Inc for a fireworks display on September 12, 2023, on the Riverwalk between the Star Brewery and the Grand River Center. Upon motion the doc- uments were received, filed, and approved. 15. 2024 Boating Infrastructure Tier 1 Grant Application Authorization to Submit Grant Ap- plication to Assist with Funding to Perform Maintenance Dredging at Dubuque Marina: Upon motion the documents were received and filed, and Resolution No. 284-23 Authorizing the filing of a Grant Application with the U.S. Fish And Wildlife Service and Iowa Department of Natural Resources for the 2024 Boating In- frastructure Tier 1 Grant to assist with funding to perform maintenance dredging at Dubuque Marina was adopted. RESOLUTION NO. 284-23 AUTHORIZING THE FILING OF A GRANT APPLICATION WITH THE US FISH AND WILDLIFE SERVICE AND IOWA DEPART- MENT OF NATURAL RECOURSES FOR THE 2024 BOATING INFRASTRUCTURE TIER 1 GRANT TO ASSIST WITH FUNDING TO PERFORM MAINTENANCE DREDGING AT DUBUQUE MARINA Whereas, the City completed river bottom bathometric surveys along the entire riverfront and developed a river and harbor bottom ele- vation model to identify shallows water way lo- cations at various river stages and evaluate po- tential dredging needs; and Whereas, based on the river bottom con- tour elevations, a silted in area along Peosta Channel at the entrance to Dubuque Marina was identified; and Whereas, city staff met with Dubuque Ma- rina to review the river bottom bathometric sur- vey contour maps, evaluate maintenance dredging needs, and prioritize maintenance dredging locations based on current opera- tional challenges for safe harbor access for Page 1154 of 2498 Book 153 Regular Session, September 5, 2023 339 recreational and transient boat navigational ac- cess; and Whereas, the City is proposing a 2-phase dredging project to support the local and re- gional transient boating market; and Whereas, the proposed 2-phase dredging project will provide adequate depth and im- proved open waterway for safely navigating transient vessels. By dredging and creating the open waterway from the Peosta Channel to the marina transient docks, this will create im- proved water flow and water circulation which will reduce the potential for future sediment sil- tation within the proposed dredge location; and Whereas, the proposed dredged open wa- terway will be more sustainable long-term and will maximize the return on the investment of federal BIG funding with a long-term solution in providing safe harbor access for daily and overnight transient boaters; and Whereas, the City is seeking funding through the Sportfishing and Boating Safety Act - Boating Infrastructure Grants (BIG) Pro- gram to assist with funding to perform mainte- nance dredging at Dubuque Marina; and Whereas, Dubuque Marina has provided a letter of support, and has agreed to contribute the $100,000 (25%) local match grant funds re- quired. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, 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 Natu- ral Recourses for the 2024 Boating Infrastruc- ture Tier 1 Grant to assist with funding to per- form maintenance dredging at Dubuque Ma- rina. Passed, approved, and adopted this 5th day of September 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 16. Fiscal Year 2024 Purchase of Services Grant Amendment and Reallocated Agree- ment with St. Mark Youth Enrichment and St. John's Almost Home and authorize the Mayor to execute the agreements on behalf of the City. Upon motion the documents were re- ceived, filed, and approved. 17. CDBG-CV Subrecipient Agreement for Credit Repair Program with Catholic Charities and authorize the Mayor to execute the con- tract on behalf of the City. Upon motion the documents were received and filed, and Reso- lution No. 285-23 Authorizing Execution of CDBG-CV Subrecipient Agreement with Cath- olic Charities was adopted. RESOLUTION NO. 285-23 AUTHORIZING EXECUTION OF CDBG-CV SUBRECIPIENT AGREEMENT WITH CATH- OLIC CHARITIES Whereas, the Catholic Charities has re- quested CDBG-CV assistance for a Credit Re- pair Program to respond to the COVID-19 pan- demic; and Whereas, the City Council approved the Iowa Economic Development Authority CDBG- CV agreement with the City of Dubuque on De- cember 21, 2020; and Whereas, all services provided will be to a minimum of 51 % low/moderate income resi- dents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Subrecipient Agree- ment, beginning September 5, 2023, with Cath- olic Charities be approved. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute said Agreement and related docu- ments on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 5"' day of September 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 18. FY 24 Cooperative Agreement Pro- posal with the Iowa Civil Rights Commission (ICRC) to assist local agencies in resolving dis- crimination complaints and to reduce case backlogs without compromising quality or the integrity of the system. Upon motion the docu- ments were received, filed, and approved. 19. Accepting the Foothill Court Drain Tile Project 2023 and the authorizing payment of the final contract amount of $63,325.52 to Temperley Excavating Company, Inc. of East Dubuque, IL. Upon motion the documents were received and filed, and Resolution No. 286-23 Accepting the Foothill Court Drain Tile Project 2023 and Authorizing the Payment to the Con- tractor was adopted. RESOLUTION NO. 286-23 ACCEPTING THE FOOTHILL COURT DRAIN TILE PROJECT 2023 AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the Foothill Court Drain Tile Project 2023 (the Project) has been completed by the Con- tractor, Temperley Excavating Company, Inc., (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 $63,325.52; and Whereas, the Contractor has previously been paid $60,159.24, leaving a balance of Page 1155 of 2498 Book 153 Regular Session, September 5, 2023 340 $3,166.28; 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 $3,166.28 as provided in Iowa Code chapter 573, and to pay such retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved, and adopted this 5th day of September 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 20. Funding Agreement between City and American Marine 2023 Maintenance Dredging Project and hereby authorize the City Manager to execute said agreement. Upon motion the documents were received and filed, and Reso- lution No. 287-23 Approving the Funding Agreement between the City of Dubuque and American Marine for the 2023 Maintenance Dredging Project was adopted. RESOLUTION NO. 287-23 APPROVING THE FUNDING AGREEMENT BETWEEN THE CITY OF DUBUQUE AND AMERICAN MARINE FOR THE 2023 MAINTENANCE DREDGING PROJECT Whereas, city staff met with American Ma- rine to review the river bottom bathometric sur- vey contour maps, evaluate maintenance dredging needs, and prioritize maintenance dredging locations based on current opera- tional challenges for safe harbor access for recreational and transient boat navigational ac- cess; and Whereas, American Marine - Dubuque Yacht Basin requested and identified the loca- tion to be dredged as part of the 2023 Mainte- nance Dredging Project; and Whereas, per the Dubuque Yacht Basin Lease dated February 5, 1974, the City is only responsible for performing maintenance dredg- ing of Schmitt Harbor to a usable depth for such purposes as are permitted by the Lease; and Whereas, although the requested dredge area is outside the Schmitt Harbor location ref- erenced per the Lease, and outside the City's obligation to maintain, staff believes it is in the public best interests to perform maintenance dredging to create a safe open waterway for navigating vessels from the Peosta Channel to and from the marina harbor and transient docks; and Whereas, American Marine has provided a letter of support dated August 1, 2023, for the 2023 Maintenance Dredging Project, and has agreed to provide $100,000 towards dredging at the Yacht Basin; and Whereas, City and American Marine now desire to enter into a Funding Agreement to perform maintenance dredging at the Dubuque Yacht Basin. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That said Funding Agreement between City and American Marine for the part- nership agreement to complete the 2023 Maintenance Dredging Project is hereby ap- proved. Section 2. That the City Manager be au- thorized and directed to execute said Funding Agreement between City and American Marine for the partnership agreement to complete the 2023 Maintenance Dredging Project. Passed, adopted, and approved this 5'h day of September 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 21. Project Based Voucher Contract Re- newal with The Rose of Dubuque: Upon motion the documents were received and filed, and Resolution No. 288-23 Authorizing the Director of Housing and Community Development to execute a Renewal Contract Agreement be- tween the City of Dubuque and The Rose of Dubuque L.P. for the Project Based Voucher Program and authorizing the Director of Hous- ing and Community Development and the City Manager to approve the contract renewal was adopted. RESOLUTION NO. 288-23 AUTHORIZING THE DIRECTOR OF HOUS- ING AND COMMUNITY DEVELOPMENT TO EXECUTE A RENEWAL CONTRACT AGREEMENT BETWEEN THE CITY OF DUBUQUE AND THE ROSE OF DUBUQUE L.P. FOR THE PROJECT BASED VOUCHER PROGRAM AND AUTHORIZING THE DI- RECTOR OF HOUSING AND COMMUNITY DEVELOPMENT AND THE CITY MANAGER TO APPROVE THE CONTRACT RENEWAL Whereas, the U.S. Department of Housing and Urban Development supports a Project Based Voucher Program as a component of the Housing Choice Voucher Program requires a contract to be in place tied to specific project - based units; and Whereas, the City of Dubuque originally en- tered into a contract with The Rose of Dubuque L.P. in October 2012 for a ten-year term; and Whereas, the City of Dubuque's extended the contract with The Rose of Dubuque L.P. for 17 PBV units and is due to expire 10/12/2023; and Page 1156 of 2498 Book 153 Regular Session, September 5, 2023 341 Whereas, the City of Dubuque Housing & Community Development Department and The Rose of Dubuque wish to renew the contract for the Project Based Vouchers for a two-year term; and Whereas, the City of Dubuque proposes to continue administering the Project Based Voucher program at The Rose of Dubuque; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1: That the Director of Housing and Community Development is hereby authorized and directed to execute a renewal contract for the Project Based Voucher program; and Section 2: That the Director of Housing and Community Development and the City Man- ager are hereby authorized to approve the con- tract. Passed, approved, and adopted this 5'h day of September 2023. Brad M Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 22. Acceptance Green Alley Retaining Wall Project for 2406, 2408, 2410 Queen Street be- tween Queen Street and Windsor Avenue CIP 5524000003 and authorize the payment of the final contract amount of $70,379.25 to MDE, LLC DBA McDermott Excavating of Dubuque, IA. Upon motion the documents were received and filed, and Resolution No. 289-23 Accepting the Green Alley Retaining Wall — 2406, 2408, 2410 Queen Street Between Queen Street and Windsor Avenue project and Authorizing the Payment to the Contractor was adopted. RESOLUTION NO. 289-23 ACCEPTING THE GREEN ALLEY RETAIN- ING WALL — 2406, 2408, 2410 QUEEN STREET BETWEEN QUEEN STREET AND WINDSOR AVENUE PROJECT AND AU- THORIZING THE PAYMENT TO THE CON- TRACTOR Whereas, the public improvement contract for the Green Alley Retaining Wall — 2406, 2408, 2410 Queen Street Between Queen Street and Windsor Avenue Project (the Pro- ject) has been completed by the Contractor, MDE, LLC DBA McDermott Excavating, (Con- tractor), the City Engineer has examined the work and recommends that the Project be ac- cepted; and Whereas, the final contract amount for the Project is $70,379.25; and Whereas, the Contractor has previously been paid $66,448.75, leaving a balance of $3,930.50; 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 $3,930.50 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 5'h day of September 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 23. Civil Service Certified List for Police Of- ficer; Upon motion the documents were re- ceived, filed, and made a Matter of Record. August 28, 2023 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Police Officer was administered on August 12, 2023. We, The Civil Service Commission, hereby certify that the individuals listed in the attached list have passed the written examina- tion administered on either March 11, 2023, May 6, 2023, or August 12, 2023, are using a valid transfer score, or are currently certified as an Iowa Law Enforcement Officer and any va- cancies for the position of Police Officer should be filled from this list and that this list is good through March 12, 2024. Police Officer 1. Dustin Allen, 2. Noah Altman, 3. Ser Jon Bennett, 4. Dustin Brant, 5. Daniel Brimmer — Transfer Score, 6. Kaitlyn Frick, 7. Nathan Goodson -Gregg, 8. Ashley Hahnbaum — Certi- fied, 9. Sophia Hammond, 10. Brandon Hoey, 11. Sierra Hooper, 12. Marcus Leitzen, 13. Henry Nosek, 14. Noah Perry — Transfer Score, 15. Kenneth Schrader, 16. Josh Vauthier — Transfer Score Respectfully Submitted, Civil Service Commissioner 24. Tobacco Compliance Civil Penalties for Tobacco License Holders — Dubuque Tobacco & Grocery, 1248 Iowa St. and Pink Cloud Smoke Shop, 3301 Pennsylvania Ave. 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. Page 1157 of 2498 Book 153 Regular Session, September 5, 2023 342 1. Providing for the Issuance of Urban Re- newal Tax Increment Revenue Grant Obliga- tions, Pursuant to the Development Agreement for Property located at 2901 Central Ave. for- mally the Holy Ghost School, to Create 18 New Market -rate Rental Units by and between the City of Dubuque, Iowa, and HG APT LLC: Upon motion the documents were received and filed and Resolution No. 290-23 Fixing the date for a Public Hearing of the City Council of the City of Dubuque, Iowa on a Development Agreement by and between the City of Dubu- que, Iowa, and HG APT LLC, Including the pro- posed issuance of Urban Renewal Tax Incre- ment Revenue Obligations 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 Septem- ber 18, 2023 in the Historic Federal Building. RESOLUTION NO. 290-23 FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA, AND HG APT LLC, IN- CLUDING THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVE- NUE OBLIGATIONS RELATING THERETO AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, City and HG APT LLC have en- tered into a Development Agreement, subject to the approval of the City Council, a copy of which is now on file at the Office of the City Clerk, City Hall, 50 W. 13th Street, Dubuque, Iowa for the development of property located at 2901 Central Avenue; and Whereas, the City Council has tentatively determined that it would be in the best interests of the City to approve the Development Agree- ment, with HG APT LLC; and Whereas, it is deemed necessary and ad- visable that City should authorize Urban Re- newal 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 pro- posal and of the time and place of the meeting at which the City Council proposes to take ac- tion thereon and at which meeting the City Council shall receive oral and/or written objec- tions 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 author- ized and directed to cause a notice to be pub- lished as prescribed by Iowa Code Section 403.9 of a public hearing on the City's intent to authorize Urban Renewal Tax Increment Rev- enue obligations, to be held on the 18th day of September, 2023, at 6:30 p.m. The official agenda will be posted on Friday, September 15, 2023 and will contain listening, viewing, and public input options. The City Council agenda can be accessed at https://citvofdubu- que.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 execution of the Development Agreement re- lating thereto with HG APT LLC, the proceeds of which obligations will be used to carry out certain of the special financing activities de- scribed in the Urban Renewal Plan for the Greater Downtown Urban Renewal District, consisting of the funding of economic develop- ments grants to HG APT LLC pursuant to the Development Agreement. It is expected that the aggregate amount of the Tax Increment Revenue obligations to be issued will be ap- proximately $393,194. 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 circula- tion in said City, said publication to be not less than four days nor more than twenty days be- fore 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 [provided] hereto. Passed, approved, and adopted this 51h day of September, 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 2. Maus Lake Pumping Station Culvert Re- pair Project #5586500032 preliminarily approv- ing the proposed plans, specifications, form of contract, and construction estimate of $741,300. Upon motion the documents were received and filed and Resolution No. 291-23 The Maus Park Lake Pump Station Culvert Re- pair Project - Preliminary Approval of Plans, Specifications, Form of Contract, and Esti- mated Cost; Setting Date of Public Hearing on Plans, Specifications, Form of Contract, and Estimated Cost; and Ordering the Advertise- ment for Bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 18, 2023 in the Historic Federal Building. RESOLUTION NO. 291-23 THE MAUS PARK LAKE PUMP STATION CULVERT REPAIR PROJECT - Page 1158 of 2498 Book 153 Regular Session, September 5, 2023 343 PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICA- TIONS, FORM OF CONTRACT, AND ESTI- MATED COST; AND ORDERING THE AD- VERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The proposed plans, specifica- tions, form of contract and estimated cost for the Maus Park Lake Pump Station Culvert Re- pair Project in the estimated amount $586,000.00, are hereby preliminarily ap- proved and ordered filed in the office of the City Clerk for public inspection. Section 2. A public hearing will be held on the 18th day of September, 2023, at 6:30 p.m. in the Historic Federal Building Council Cham- bers (second floor) 350 W. 6th Street, Dubuque, Iowa, at which time interested persons may ap- pear 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 [provided] 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 objec- tions to the proposed plans, specifications, form of contract, or estimated cost of the Pro- ject. Section 3. The Maus Park Lake Pump Sta- tion Culvert Repair Project is hereby ordered to be advertised for bids for construction. Section 4. The amount of the security to ac- company 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 di- rected to advertise for bids for the construction of the improvements herein provided, by pub- lishing 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 be- fore the date for filing bids before 2:00 p.m. on the 26m day of September 2023. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for fi- nal action at 6:30 p.m. on the 2"d day of Octo- ber 2023, in the Historic Federal Building Council Chambers (and/or by virtual means) 350 West 6th Street, Dubuque, Iowa. Passed, approved, and adopted this 5th day of September 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 3. Proceedings for Public Hearing on the Is- suance of Not to Exceed $1,000,000, Sewer Revenue Capital Loan Notes (Interim Financ- ing) State Revolving Funds, Planning and De- sign Loan Applications to fund the planning and design of the improvements to various ele- ments of the existing Cedar Street Lift Station, Terminal Street Lift Station, and the associated FMs between the two and to the City's public wastewater treatment facility. Upon motion the documents were received and filed and Reso- lution No. 292-23 To fix a date for a Public Hearing on Proposal to enter into a Sewer Rev- enue Loan and Disbursement Agreement and to Borrow Money Thereunder in a Principal Amount Not to Exceed $1,000,000 (Lift Sta- tions) was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on Sep- tember 18, 2023 in the Historic Federal Build- ing. RESOLUTION NO. 292-23 TO FIX A DATE FOR A PUBLIC HEARING ON PROPOSAL TO ENTER INTO A SEWER REVENUE LOAN AND DISBURSEMENT AGREEMENT AND TO BORROW MONEY THEREUNDER IN A PRINCIPAL AMOUNT NOT TO EXCEED $1,000,000 (LIFT STA- TIONS) Whereas, the City of Dubuque (the "City"), in Dubuque County, State of Iowa, did hereto- fore establish a Municipal Sanitary Sewer Sys- tem (the "Utility") in and for the City which has continuously supplied sanitary sewer service in and to the City and its inhabitants since its es- tablishment; and Whereas, the management and control of the Utility are vested in the City Council (the "Council") and no board of trustees exists for this purpose; and Whereas, pursuant to a prior resolution of the Council, the City has heretofore issued sewer revenue bonds or notes as set forth on [provided] outstanding debt certificate and a portion of which remains outstanding (the "Out- standing Indebtedness"); and Whereas, pursuant to the resolutions relat- ing to and authorizing the Outstanding Indebt- edness (the "Outstanding Bond Resolutions") the City reserved the right to issue additional obligations payable from the net revenues of the Utility and ranking on a parity with the Out- standing Indebtedness under the terms and conditions set forth in the Outstanding Bond Resolutions; and Whereas, the City now proposes to enter into a Sewer Revenue Loan and Disbursement Agreement (the "Agreement") and to borrow money thereunder in a principal amount not to exceed $1,000,000, pursuant to the provisions of Section 384.24A of the Code of Iowa, for the purpose of paying the cost, to that extent, of planning, designing and constructing Page 1159 of 2498 Book 153 Regular Session, September 5, 2023 344 improvements and extensions to the Utility (the "Project"), and it is necessary to fix a date of meeting of the Council at which it is proposed to take action to enter into the Agreement and to give notice thereof as required by such law; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. This City Council shall meet on September 18, 2023, at 6:30 o'clock p.m., at the Historic Federal Building, 350 W. 6th St, Second Floor Council Chambers, at which time and place a hearing will be held and proceed- ings will be instituted, and action taken to enter into the Agreement. Section 2. The City Clerk is hereby directed to give notice of the proposed action on the Agreement setting forth the amount and pur- pose thereof, the time when and place where the said meeting will be held, by publication at least once, not less than four (4) and not more than twenty (20) days before the meeting, in a legal newspaper which has a general circula- tion in the City. The notice shall be in substan- tially the [provided] form. Section 3. Pursuant to Section 1.150-2 of the Income Tax Regulations (the "Regula- tions") of the Internal Revenue Service, the City declares (a) that it intends to undertake the Project which is reasonably estimated to cost approximately $1,000,000, (b) that other than (i) expenditures to be paid or reimbursed from sources other than the issuance of bonds, notes or other obligations (the "Bonds"), or (ii) expenditures made not earlier than 60 days prior to the date of this Resolution or a previous intent resolution of the City, or (iii) expenditures amounting to the lesser of $100,000 or 5% of the proceeds of the Bonds, or (iv) expenditures constituting preliminary expenditures as de- fined in Section 1.150-2(f)(2) of the Regula- tions, no expenditures for the Project have heretofore been made by the City and no ex- penditures will be made by the City until after the date of this Resolution or a prior intent res- olution of the City, and (c) that the City reason- ably expects to reimburse the expenditures made for costs of the City out of the proceeds of the Bonds. This declaration is a declaration of official intent adopted pursuant to Section 1.150-2 of the Regulations. Section 4. All resolutions or parts of resolu- tions in conflict herewith are hereby repealed to the extent of such conflict. Section 5. This resolution shall be in full force and effect immediately upon its adoption and approval, as provided by law. Passed and approved September 5, 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 4. Proceedings for Public Hearing on the Is- suance of Not to Exceed $430,000, Sewer Revenue Capital Loan Notes (Interim Financ- ing) State Revolving Funds, Planning and De- sign Loan Applications to fund the planning and design of the improvements on Laurel Street, on Grove Terrace, on Center Grove, and the inspection and condition assessment of other aging sewer infrastructure. Upon motion the documents were received and filed and Reso- lution No. 293-23 To fix a date for a Public Hearing on Proposal to enter into a Sewer Rev- enue Loan and Disbursement Agreement and to Borrow Money Thereunder in a Principal Amount Not to Exceed $430,000 (Grove) was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 18, 2023 in the Historic Federal Building. RESOLUTION NO. 293-23 TO FIX A DATE FOR A PUBLIC HEARING ON PROPOSAL TO ENTER INTO A SEWER REVENUE LOAN AND DISBURSEMENT AGREEMENT AND TO BORROW MONEY THEREUNDER IN A PRINCIPAL AMOUNT NOT TO EXCEED $430,000 (GROVE) Whereas, the City of Dubuque (the "City"), in Dubuque County, State of Iowa, did hereto- fore establish a Municipal Sanitary Sewer Sys- tem (the "Utility") in and for the City which has continuously supplied sanitary sewer service in and to the City and its inhabitants since its es- tablishment; and Whereas, the management and control of the Utility are vested in the City Council (the "Council") and no board of trustees exists for this purpose; and Whereas, pursuant to prior resolutions of the Council, the City has heretofore issued sewer revenue bonds or notes as set forth on [provided] outstanding debt certificate and a portion of which remains outstanding (the "Out- standing Indebtedness"); and Whereas, pursuant to the resolutions relat- ing to and authorizing the Outstanding Indebt- edness (the "Outstanding Bond Resolutions") the City reserved the right to issue additional obligations payable from the net revenues of the Utility and ranking on a parity with the Out- standing Indebtedness under the terms and conditions set forth in the Outstanding Bond Resolutions; and Whereas, the City now proposes to enter into a Sewer Revenue Loan and Disbursement Agreement (the "Agreement") and to borrow money thereunder in a principal amount not to exceed $430,000, pursuant to the provisions of Section 384.24A of the Code of Iowa, for the purpose of paying the cost, to that extent, of planning, designing and constructing improve- ments and extensions to the Utility (the "Pro- ject"), and it is necessary to fix a date of meet- ing of the Council at which it is proposed to take Page 1160 of 2498 Book 153 Regular Session, September 5, 2023 345 action to enter into the Agreement and to give notice thereof as required by such law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. This City Council shall meet on September 18, 2023, at 6:30 o'clock p.m., at the Historic Federal Building, 350 W. 6th St, Second Floor Council Chambers, at which time and place a hearing will be held and proceed- ings will be instituted, and action taken to enter into the Agreement. Section 2. The City Clerk is hereby directed to give notice of the proposed action on the Agreement setting forth the amount and pur- pose thereof, the time when and place where the said meeting will be held, by publication at least once, not less than four (4) and not more than twenty (20) days before the meeting, in a legal newspaper which has a general circula- tion in the City. The notice shall be in substan- tially the [provided] form. Section 3. Pursuant to Section 1.150-2 of the Income Tax Regulations (the "Regula- tions") of the Internal Revenue Service, the City declares (a) that it intends to undertake the Project which is reasonably estimated to cost approximately $430,000, (b) that other than (i) expenditures to be paid or reimbursed from sources other than the issuance of bonds, notes or other obligations (the "Bonds"), or (ii) expenditures made not earlier than 60 days prior to the date of this Resolution or a previous intent resolution of the City, or (iii) expenditures amounting to the lesser of $100,000 or 5% of the proceeds of the Bonds, or (iv) expenditures constituting preliminary expenditures as de- fined in Section 1.150-2(f)(2) of the Regula- tions, no expenditures for the Project have heretofore been made by the City and no ex- penditures will be made by the City until after the date of this Resolution or a prior intent res- olution of the City, and (c) that the City reason- ably expects to reimburse the expenditures made for costs of the City out of the proceeds of the Bonds. This declaration is a declaration of official intent adopted pursuant to Section 1.150-2 of the Regulations. Section 4. All resolutions or parts of resolu- tions in conflict herewith are hereby repealed to the extent of such conflict. Section 5. This resolution shall be in full force and effect immediately upon its adoption and approval, as provided by law. Passed and approved September 5, 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk BOARDS/COMMISSIONS Applications were reviewed for the follow- ing Boards and Commissions. Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. 1. Equity and Human Rights Commission: One, 3-Year Term through January 1, 2024 (Vacant term of Herrion) and One, 3-Year Term through January 1, 2025 (Vacant term of Wil- liams) Applicants: Michaela Freiburger, 1718 Diane Crt.; David Heiar, 805 Carriage Hill Dr. This commission is subject to the State of Iowa Gender Balance Law, §69.16A. 9 Commission- ers total; currently 4 males /3 females /2 open- ings. Mr. Heiar spoke in support of his applica- tion and provided a brief biography. PUBLIC HEARINGS 1. Proposed Development Agreement by and between the City of Dubuque, Iowa, and Farley & Loetscher, LLC Providing for the Issu- ance of Urban Renewal Tax Increment Reve- nue Grant Obligations Pursuant to the Devel- opment Agreement: Wendy Hopp, 2193 South- way Dr., Gail Weitz, 1630 Lori Crt., Nino Erba, 180 West 151h St., Jaime Izaguirre 1394 Locust St, All spoke regarding the need for more low- income housing in Dubuque. Rick Dickinson, 205 Hill St. spoke professionally and personally in favor of this project. Matt Mulligan, 501 Bell St. — Developer — President of Conlan Con- struction Spoke regarding his vision of the pro- ject and how this one project fits into the overall housing need for the City Of Dubuque. Motion by Resnick to receive and file the documents and adopt Resolution No. 294-23 Approving a Development Agreement by and between the City of Dubuque, Iowa and Farley & Loetscher, LLC, including the issuance of Urban Tax In- crement Revenue Obligations. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 294-23 APPROVING A DEVELOPMENT AGREE- MENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND FARLEY & LOE- TSCHER, LLC, INCLUDING THE ISSUANCE OF URBAN TAX INCREMENT REVENUE OBLIGATIONS Whereas, Farley & Loetscher, LLC is the owner of the property legally described as fol- lows: City Lots 349A, 349, 350, 351, 352, 353, 374, 375, 376, 377, & 378 (the Property); and Whereas, the City Council, by Resolution No. 273-23, dated August 21, 2023, declared its intent to enter into a Development Agree- ment by and between the City of Dubuque, Iowa, and Farley & Loetscher, LLC, including the issuance of Urban Renewal Tax Increment Revenue Obligations; and Whereas, pursuant to published notice, a public hearing was held on the proposed Page 1161 of 2498 Book 153 Regular Session, September 5, 2023 346 Development Agreement on September 5, 2023 at 6:30 p.m.; and Whereas, it is the determination of the City Council that approval of the Development Agreement for redevelopment of the Property by Farley & Loetscher, LLC, according to the terms and conditions set out in the Develop- ment 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 Development Agree- ment by and between the City of Dubuque, Iowa, and Farley & Loetscher, LLC, a copy of which is [provided] hereto, including the issu- ance of Urban Renewal Tax Increment Reve- nue Obligations, is hereby approved. Section 2. That the Mayor is hereby author- ized and directed to execute the Development Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is author- ized to take such actions as are necessary to comply with the terms of the Development Agreement as herein approved. Passed, approved, and adopted this 5'h day of September, 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 2. Development Agreement by and Be- tween the City of Dubuque, Iowa and Chadwick Block, LLC providing for the issuance of Urban Renewal Tax Increment Revenue Grant Obli- gations for a project at 249 W 1 sc Street: Motion by Jones to receive and file the documents and adopt Resolution No. 295-23 Approving a De- velopment Agreement by and between the City of Dubuque, Iowa, and Chadwick Block, LLC including the issuance of Urban Tax Increment Revenue Obligations. Seconded by Sprank. Motion carried 7-0. RESOLUTION NO. 295-23 APPROVING A DEVELOPMENT AGREE- MENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA, AND CHADWICK BLOCK, LLC INCLUDING THE ISSUANCE OF URBAN TAX INCREMENT REVENUE OBLIGATIONS Whereas, Chadwick Block, LLC is the owner of the property legally described as fol- lows: Lot 1 of MONTANA HOUSE, in the City of Dubuque, Iowa, according to the Plat recorded as Instrument #2020-2319, records of Dubuque County, Iowa. (the Property); and Whereas, the City Council, by Resolution No. 272-23, dated August 21, 2023, declared its intent to enter into a Development Agreement by and between the City of Dubu- que, Iowa, and Chadwick Block, LLC, including the issuance of Urban Renewal Tax Increment Revenue Obligations; and Whereas, pursuant to published notice, a public hearing was held on the proposed De- velopment Agreement on September 5, 2023 at 6:30 p.m.; and Whereas, it is the determination of the City Council that approval of the Development Agreement for redevelopment of the Property by Chadwick Block, LLC, according to the terms and conditions set out in the Develop- ment 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 Development Agree- ment by and between the City of Dubuque, Iowa, and Chadwick Block, LLC, a copy of which is [provided] hereto, including the issu- ance of Urban Renewal Tax Increment Reve- nue Obligations, is hereby approved. Section 2. That the Mayor is hereby author- ized and directed to execute the Development Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is author- ized to take such actions as are necessary to comply with the terms of the Development Agreement as herein approved. Passed, approved, and adopted this 5ch day of September, 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 3. Chaplain Schmitt Island Trail Connection Project Iowa DOT Project No. EDP-2100(704)- - 7Y-31: Motion by Jones to receive and file the documents and adopt Resolution No. 296-23 Approval of Plans, Specifications, Form of Contract, and Estimated Cost for the Chaplain Schmitt Island Trail Connection Project, Iowa DOT Project No. EDP-2100(704)— 7Y-31. Se- conded by Wethal. Motion carried 7-0. RESOLUTION NO. 296-23 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE CHAPLAIN SCHMITT IS- LAND TRAIL CONNECTION PROJECT, IOWA DOT PROJECT NO. EDP-2100(704)- 7Y-31 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the [provided] plans, specifications, form of contract and estimate of total cost for the Chaplain Schmitt Island Trail Connection Project, Iowa DOT Project No. EDP- 2100(704)-7Y-31, in the estimated amount of Page 1162 of 2498 Book 153 Regular Session, September 5, 2023 347 $1,041,415.00 are hereby approved. Passed, approved, and adopted this 5th day of September 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk PUBLIC INPUT Katherine Sorsen, 2613 Jackson St. Comiskey Park is amazing and would like to see phase 2 begin, The tree in back yard of 2600 Jackson needs trimmed as well as the sidewalk. Ms. Sorsen also spoke in favor of more low-income housing, and that used Car lots are not visually appealing in residential neighborhoods. Related to Action Item #7, Julie Frommelt, Owner of Welu Printing Inc. located at 1685 Central Ave. — spoke in support of the green alley project and thanked City Manager Van Milligen for approving the repair to specific al- lies that are located in the Central Avenue Cor- ridor. Paul Schultz, Mount Carmel Bluffs Neigh- borhood spoke in favor of City Council Munici- pal Curb Side Collection of Food Scrap pro- gram and Co -Composting at DMASWA com- post center. ACTION ITEMS 1. Correspondence from Park and Recrea- tion Advisory Commission requesting City Council review and update the City of Dubuque Park and Recreation Facility Naming Policy. Marie Wate Leisure Services Director re- sponded to questions from the City Council. Motion by Roussell to receive and file the doc- uments. Seconded by Farber. Motion carried 7- 0. 2. City of Dubuque COVID-19 After Action Report (AAR) Summary was presented by Public Health Director Mary Rose Corrigan. Motion by Jones to receive and file the docu- ments and listen to the presentation. Seconded by Roussell. Motion carried 7-0. 3. Assistant City Manager Cori Burbach is submitting the City Council affirmed 15-year vi- sion statement and mission statement, identi- fied eight five-year goals for the city, and the also identified top and high priorities for the 2023-2025 policy agenda as well as in -pro- gress projects and capital projects for 2023- 2025. Motion by Jones to receive and file the documents. Seconded by Resnick. Motion car- ried 7-0. 4. 2023 Maintenance Dredging Project Award Public Improvement Construction Con- tract Project Number: 5546000001-304-67990 Harbor Area Dredging to Newt Marine Service, in the amount of $493,840.00. Motion by Sprank to receive and file the documents and adopt Resolution No. 297-23 Awarding Public Improvement Construction Contract for the 2023 Maintenance Dredging Project. Se- conded by Wethal. Motion carried 7-0. RESOLUTION NO. 297-23 AWARDING PUBLIC IMPROVEMENT CON- STRUCTION CONTRACT FOR THE 2023 MAINTENANCE DREDGING PROJECT Whereas, sealed proposals have been sub- mitted by contractors for the 2023 Maintenance Dredging Project, (the Project) pursuant to Resolution No. 253-23 and Notice to Bidders published on the City of Dubuque, Iowa web - site and plan room service with statewide cir- culation on the 11 "' day of August 2023. Whereas, said sealed proposal was opened and read on the 24th day of August 2023 and it has been determined that Newt Marine Service, of Dubuque, Iowa submitted low bid in the amount of $493,840.00, and is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: SECTION 1. That a Public Improvement Construction Contract for the Project is hereby awarded to Newt Marine Service and the City Manager is hereby directed to execute a Public Improvement Construction Contract on behalf of the City of Dubuque for the Project. Passed, adopted, and approved this 5th day of September 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 5. Eagle Valley, Westbrook, and English Ridge Subdivision Park Design, Development, and Construction Management Services RFP Update: Motion by Roussell to receive and file the documents. Seconded by Sprank. Motion carried 7-0. 6. Amending City of Dubuque Code of Or- dinances Title 13 Public Utilities, Chapter 2 Sewers and Sewage Disposal, Article D Indus- trial Pretreatment Program, Section 13- 2D-10 Fees and Charges: Motion by Jones to receive and file the documents and that the require- ment that a proposed ordinance be considered and voted on for passage at two Council meet- ings prior to the meeting at which it is to be passed be suspended. Seconded by Wethal. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 38-23 Amending City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 2 Sewers and Sewage Disposal, Article D Industrial Pretreatment Pro- gram, Section 13-2D-10 Fees and Charges. Seconded by Wethal. Motion carried 7-0. Page 1163 of 2498 Book 153 Regular Session, September 5, 2023 348 ORDINANCE NO. 38 - 23 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES, CHAPTER 2 SEWERS AND SEWAGE DIS- POSAL, ARTICLE D INDUSTRIAL PRE- TREATMENT PROGRAM, SECTION 13-2D- 10 FEES AND CHARGES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 13-2D-10 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 13-2D-10: RATES AND CHARGES: A. Purpose: It is the purpose of this sec- tion to provide for the collection of rates and charges to produce gross revenues at least sufficient to pay the expenses of operation and maintenance of the City's sanitary sewer system and POTW. The applicable rates and charges shall be collected as pro- vided in the Schedule of Rates and Charges established in this section. B. Description of Rates and Charges: 1. Types of Rates and Charges: The city shall adopt rates and charges for the administration of this program which may include: a. Rates or other charges for the re- covery of costs of setting up and oper- ating the industrial pretreatment pro- gram. b. Rates or other charges for monitor- ing, inspections, and surveillance pro- cedures. c. Rates or other charges relating to accidental discharge procedures. Note that certain discharges may constitute environmental violations and be subject to municipal infractions in addition to rates and charges for the recovery of costs. d. Rates or other charges for permit applications and renewals. e. Rates or other charges for filing ap- peals. f. Rates or other charges for the con- sistent removal (by the POTW) of pollu- tants otherwise subject to federal pre- treatment standards. g. Other rates or charges adopted from time to time as the city may deem necessary to carry out the requirements contained herein. These rates and charges relate solely to the matters covered by this article and are separate from all other fees chargeable by the city. 2. Rate Schedule: On or after Septem- ber 13, 2023, the rates and charges as- sessed to each Significant Industrial User of the system shall include all of the fol- lowing: a. A general service charge with the following two components: 1. A fixed cost facilities and ad- ministration charge in the amount of: $125.00/month; and 2. A volumetric charge in the amount of $0.14/Ccf of flow dis- charged into the POTW. b. A surveillance monitoring and sam- ple charge in the amount of three dol- lars ($3.00) for each sample collected. c. A laboratory testing charge in an amount equal to actual expenses in- curred for each parameter tested in- house; and actual expenses incurred plus ten percent (10%) for each param- eter tested by outside laboratories. d. A compliance charge for investigat- ing incidents of program noncompli- ance or accidental spills in an amount equal to the amount of time actually ex- pended multiplied by fifty dollars ($50.00) per hour. e. A wastewater discharge permit ap- plication fee in the amount of one hun- dred dollars ($100.00) for each wastewater discharge permit. f. A wastewater discharge permit re- newal charge in the amount of fifty dol- lars ($50.00) per permit. A late fee of one hundred dollars ($100.00) per month shall be assessed for each month past the due date of permit re- newal. g. An appeal filing fee of two hundred fifty dollars ($250.00) shall be assessed at the time of appeal. h. Any person who discharges toxic substances or effluent into the POTW which exceed discharge limitations shall be assessed a charge equal to the amount of any fine, fee or penalty im- posed upon the city by any federal or state agency plus any applicable mu- nicipal infractions. i. A special treatment charge for the consistent removal (by the POTW) of pollutants otherwise subject to federal pretreatment standards as established in an agreement negotiated between the city and the wastewater discharge permit applicant. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 21 st day of August, 2023. /s/Brad Cavanagh, Mayor Attest:/s/Trish L. Gleason, Assistant City Clerk Published officially in the Telegraph Herald newspaper on the 21 st day of July 2023. /s/Trish L. Gleason, Assistant City Clerk Page 1164 of 2498 Book 153 Regular Session, September 5, 2023 349 7. Fiscal Year 24 Bee Branch Green Alley Projects based on the established redevelop- ment of the Central Avenue Corridor as a prior- ity, City Manager has approved the following three alleys for improvement to Green Alley pavers over the next year; 1. Alley between Central Avenue and White Street from 17th Street to 181h Street. 2. Alley between Central Avenue and Iowa Street from 15th Street to 16th Street. 3. Alley between Central Avenue and Iowa Street from 16th Street to 17th Street. Mo- tion by Farber to receive and file the docu- ments. Seconded by Wethal. Motion carried 7- 0. 8. Rebuilding America's Infrastructure with Sustainability and Equity (RAISE) Infrastruc- ture Planning Grant Consultant Selection of AECOM Technical Services, Inc., of Waterloo, Iowa, to complete the Engineering Design and NEPA / Environmental Study Phase for the project entitled "Building Bridges to Employ- ment and Equity (B=)". Motion by Jones to receive and file the documents and approve. Seconded by Wethal. Motion carried 7-0. 9. Bee Branch Stormwater Pumping Sta- tion - Phase IV of the Bee Branch Watershed Flood Mitigation Project: Civil Engineer Daron Muehring responded to questions by the City Council. Motion by Roussell to receive and file the documents and adopt Resolution No. 298- 23 Pledging the Local Match in the Amount of $19,012,000 Using $16,412,000 in General Obligation Bonds and $2,600,000 in SRF Loan Proceeds for Construction of a New Storm - water Pumping Station at the 16th Street Deten- tion Basin. Seconded by Sprank. Motion car- ried 7-0. RESOLUTION NO. 298-23 PLEDGING THE LOCAL MATCH IN THE AMOUNT OF $19,012,000 USING $16,412,000 IN GENERAL OBLIGATION BONDS AND $2,600,000 IN SRF LOAN PRO- CEEDS 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 Fiscal Year 2018 Disaster Supplemental grant for the construction of a new stormwater pumping sta- tion at the 1611 Street Detention Basin, and Whereas, the City Council, in support of the application for $7,700,000.00 in grant funding, adopted Resolution 260-23 pledging a local match estimated at $19,012,000.00 toward the activity as identified in the application using General Obligation bonds or a State Revolving Fund loan as the source for the expenditure, and Whereas, the grant application requires fur- ther specifying the breakdown of debt funding between General Obligation bonds and the State Revolving Fund loan. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. Pledges the amount of $19,012,000.00 with $16,412,000.00 from GO Bonds and $2,600,000.00 from a State Revolv- ing Fund loan, if in fact, the Disaster Relief Op- portunity grant is awarded by the Economic Development Administration. Section 2. Authorizes the City Manager to act as an authorized representative on the City's Economic Development Administration Fiscal Year 2018 Disaster Supplemental grant application and may execute any documents as the Economic Development Administration may reasonably request. Passed, adopted, and approved this 5th day of September 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 10. Dubuque Awarded the Iowa Thriving Communities Designation and clarifying the benefits of the designation and encouraging developers to pursue housing projects in the Central Avenue Corridor Area. Motion by Res- nick to receive and file the documents. Se- conded by Farber. Motion carried 7-0. 11. U.S. Department of Housing and Urban Development Section 8 Compliance Review and approve the city's response to the findings in the review. Motion by Jones to receive and file the documents and approve. Seconded by Wethal. Motion carried 7-0. 12. Sustainable Dubuque Quarterly Work Session Request: Motion by Roussell to re- ceive and file the documents and schedule the work session to begin at 5:15 p.m. on October 16, 2023. Seconded by Resnick. No schedule conflicts were expressed. Motion carried 7-0. 13. The City Council discussed moving vid- eos to the next agenda due to technology is- sues. Technology issues were rectified. Motion by Roussell seconded by Sprank to have Me- dia Services show the two Spanish Testimonial videos for City Life Fall 2023. Motion carried 7- 0. Motion by Farber seconded by Resnick to have Media Services show the videos they pro- duced featuring This year's School Resources Officers. 14. Dubuque Police Department School Resource Officers - 2023-2024 Video Motion by Farber seconded by Resnick to show the video that Media Services staff from the Public Page 1165 of 2498 Book 153 al Session, September 11, 2023 350 Information Office worked with the Dubuque Police Department to produce a video featuring this year's School Resources Officers. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Sprank reported attending the 2"d annual Rooted Table event held on Washington Street in Dubuque. Council Member Jones congratulated the city on a recently received grant. Mayor Cavanagh reported that he attended the Black Business Expo along with Council Member Wethal and City Manager Van Milli- gen. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 10:03 p.m. to discuss Pending Litigation and Purchase or Sale of Real Estate — Chapter 21.5(1)(c),Q) Code of Iowa. Seconded by Res- nick. 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 Crenna Brum- well. Motion carried 7-0. ADJOURNMENT The City Council reconvened in open ses- sion at 10:23 p.m. stating that staff had been given proper direction. There being no further business, Mayor Cavanagh declared the meeting adjourned at 10:24 p.m. /s/Trish L. Gleason, Assistant City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 6:00 p.m. on September 11, 2023, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen. Mayor Cavanagh read the call and stated this is a special session of the City Council called for the purpose of conducting Work Ses- sion - Smart Parking Mobility Management Plan Update and for the purpose of conducting such business that may properly come before the City Council. 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. Fiscal Year 2024 Purchase of Services Grant Amendment and Reallocated Agree- ment with St. Mark Youth Enrichment and Pur- chase of Services Agreement with St. John's Almost Home and authorize the Mayor to exe- cute the agreements on behalf of the City. Upon motion the documents were received and filed, and Resolution No. 299-23. Authorizing Execution of FY24 Purchase of Services Grant Agreements was adopted. RESOLUTION NO. 299-23 AUTHORIZING EXECUTION OF FY24 PUR- CHASE OF SERVICES GRANT AGREE- MENTS Whereas, the following non-profit organiza- tions prepared and submitted requests to pro- vide support for human service programs in the City of Dubuque: • St. Mark Youth Enrichment Amend- ment #1 • St. John's Almost Home; and Whereas, the City Council approved the Fiscal Year 2024 budget that included the Pur- chase of Services allocation; and Whereas, the submissions have been ap- proved by the Community Development Advi- sory Commission on August 16, 2023; and Whereas, all services provided will be to a minimum of 51 % low/moderate income resi- dents. NOW, THEREFORE, BE IT RESOLVED Page 1166 of 2498 Book 153 Special Session, September 11, 2023 351 BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Funding Ap- proval/Agreements, authorized by the Commu- nity Development Advisory Commission begin- ning September 11, 2023 for Purchase of Ser- vices Grants to the aforementioned organiza- tions be approved. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute said Agreement and related docu- ments on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted on this 11'h day of September 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 2. Work Session Reschedule Request to Monday September 18, 2023, at 5:45 p.m. for Travel Dubuque: No schedule conflicts were expressed. Upon motion the documents were received, filed, and concurred. ITEMS SET FOR PUBLIC HEARING Motion by Jones to receive and file the doc- uments, adopt the resolutions, and set the pub- lic hearings as indicated. Seconded by Res- nick. Motion carried 7-0. 1. Dubuque Racing Association Lease, Dubuque Racing Association Improvement Projects — Lot 1 of Chaplain Schmitt Island, Re- questing Consent of City to Improvements, Leasehold Mortgage & Subordination Agree- ment: Upon motion the documents were re- ceived and filed and Resolution No. 300-23. In- tent to Dispose of an Interest in Real Property by Lease Agreement with the Dubuque Racing Association, LTD., and Approving a Leasehold Mortgage and Subordination Agreement Be- tween the Dubuque Racing Association, Ltd and MidWestOne Bank was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 18, 2023.in the His- toric Federal Building. RESOLUTION NO. 300-23 INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY LEASE AGREEMENT WITH THE DUBUQUE RACING ASSOCIA- TION, LTD. AND APPROVING A LEASE- HOLD MORTGAGE AND SUBORDINATION AGREEMENT BETWEEN THE DUBUQUE RACING ASSOCIATION, LTD AND MID- WESTONE BANK Whereas, the City of Dubuque, Iowa (City) is the owner of the real property legally de- scribed as: Lot 1 of Chaplain Schmitt Island in the City of Dubuque, Iowa, according to the Plat recorded as Instrument #2023-7679, records of Dubuque County, Iowa (the Property); and Whereas, the Property is subject to a Lease Agreement between City and the Dubuque Racing Association (DRA); and Whereas, the parties now desire to enter into a new Lease Agreement; and Whereas, the DRA seeks City approval for a construction project in excess of $100,000 which requires City consent; and Whereas, the DRA seeks City consent to fi- nance the improvement project with Mid- WestOne Bank, which requires City consent to a Leasehold Mortgage; and Whereas, as part of the project financing MidWestOne Bank requires subordination of the DRA's lease obligations to the City in favor of MidWestOne Bank pursuant to a Subordina- tion Agreement and the DRA seeks the City's consent to the subordination; and Whereas, the City Council of City believes it is in the best interests of City to approve the Lease Agreement with the DRA, to consent to the improvements, to consent to a Leasehold Mortgage, and to consent to the Subordination Agreement in favor or MidWestOne Bank. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council intends to dis- pose of City's interest in the foregoing- de- scribed real property pursuant to the Lease Agreement, to consent to improvements, con- sent to a Leasehold Mortgage, and to consent to the Subordination Agreement in favor of Mid- WestOne Bank. Section 2. The City Clerk is hereby author- ized and directed to cause this Resolution and a Notice to be published as prescribed by Iowa Code §364.7 of a public hearing on City's intent to dispose of the foregoing -described real property, to be held on the 18th of September 2023, at 6:30 o'clock p.m. in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa Passed, approved, and adopted this 11 th day of September, 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 2. Lease Agreement Between the City of Dubuque, Iowa, and Dubuque Racing Associ- ation, Ltd: Upon motion the documents were received and filed and Resolution No. 301-23 Intent to Dispose of an Interest in Real Property by Lease Agreement with the Dubuque Racing Association, LTD was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 18, 2023 in the Historic Federal Building. RESOLUTION NO. 301-23 INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY LEASE AGREEMENT Page 1167 of 2498 Book 153 Special Session, September 11, 2023 352 WITH THE DUBUQUE RACING ASSOCIA- discussed in the closed session is City Attorney TION, LTD Crenna Brumwell. Motion carried 7-0. Whereas, the City of Dubuque, Iowa (City) is the owner of the real property legally de- The City Council reconvened in open ses- scribed as sion at 8:23 p.m. stating that staff had been Lots 2 and 3 of CHAPLAIN SCHMITT IS- given proper direction. LAND in the City of Dubuque, Iowa, ac- cording to the Plat recorded as Instru- There being no further business, Mayor ment #2023-7679, records of Dubuque Cavanagh declared the meeting adjourned at County, Iowa; and 8:24 p.m. Whereas, the parties now desire to enter into a new Lease Agreement; and /s/Trish L. Gleason, Assistant City Clerk Whereas, the City Council of City believes it is in the best interests of City to approve the Lease Agreement with the Dubuque Racing Association, Ltd. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council intends to dis- pose of the City's interest in the foregoing- de- scribed real property pursuant to the Lease Agreement. Section 2. The City Clerk is hereby author- ized and directed to cause this Resolution and a Notice to be published as prescribed by Iowa Code §364.7 of a public hearing on City's intent to dispose of the foregoing -described real property, to be held on the 18'h of September 2023, at 6:30 o'clock p.m. in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa Passed, approved, and adopted this 11 th day of September, 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk WORK SESSION Smart Parking Mobility Management Plan Up- date 1. Smart Parking Mobility Management Plan Update Work Session: Ryan Knuckey Transportation Services Director introduced Kevin White and Eric Haggett Parking and Mo- bility Consultants from Walker Consultants Mr. White and Mr. Haggett made a presentation that provided city council with options and op- portunities regarding equipment upgrades, branding and communications, policies and op- erations, revenue outlook, and next steps for the Smart Parking and Mobility Plan. Mr. Knuckey, Mr. White, and Mr. Haggett re- sponded to questions from the city council. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 8:12 p.m. to discuss Purchase or Sale of Real Estate — Chapter 21.5(1)(j) Code of Iowa. Seconded by Wethal. Mayor Cavanagh stated for the record that the attorney who will consult with City Council on the issues to be Page 1168 of 2498 Book 153 Special Session, September 12, 2023 353 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 6:00 p.m. on September 12, 2023, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 61" Street. Present: Mayor Cavanagh; Council Mem- bers Farber (Via Phone), Jones, Resnick, Sprank, Wethal; City Manager Van Milligen. Absent: Council Member Roussell Mayor Cavanagh read the call and stated this is a special session of the City Council called for the purpose of conducting such busi- ness that may properly come before the City Council. ITEMS SET FOR PUBLIC HEARING Motion by Jones to receive and file the doc- uments, adopt the resolutions, and set the pub- lic hearings as indicated. Seconded by Sprank. Motion carried 6-0. 1. Development Agreement by and be- tween the City of Dubuque, Iowa and Union at the Marina, LP: Upon motion the documents were received and filed and Resolution No. 302-23 (1) Approving the Minimum Require- ments, Competitive Criteria, and Offering Pro- cedures for the Development and the Sale of Certain Real Property and Improvements in the Greater Downtown Urban Renewal District; (2) Determining that the Offer to Purchase Submit- ted by Union at the Marina, LP Satisfies the Of- fering Requirements with Respect to the Real Property and Improvements and Declaring the Intent of the City Council to Approve the Sale to Union at the Marina, LP in the Event That No Other Qualified Competing Proposals Are Sub- mitted; And (3) Soliciting Competing Proposals was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on October 16, 2023 in the Historic Federal Building. RESOLUTION NO. 302-23 RESOLUTION (1) APPROVING THE MINI- MUM REQUIREMENTS, COMPETITIVE CRI- TERIA, AND OFFERING PROCEDURES FOR THE DEVELOPMENT AND THE SALE OF CERTAIN REAL PROPERTY AND IM- PROVEMENTS IN THE GREATER DOWN- TOWN URBAN RENEWAL DISTRICT; (2) DETERMINING THAT THE OFFER TO PUR- CHASE SUBMITTED BY UNION AT THE MA- RINA, LP 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 UNION AT THE MARINA, LP IN THE EVENT THAT NO OTHER QUALIFIED COMPETING PROPOSALS ARE SUBMITTED; AND (3) SOLICITING COMPETING PROPOSALS Whereas, the City Council of Dubuque, Iowa, did on May 1, 2023, adopt an Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District ("the Plan") for the Urban Renewal Area de- scribed therein; and Whereas, the Plan provides, among other things, for the disposition of properties for pri- vate development purposes as a proposed economic development action; and Whereas, Union at the Marina, LP ("Devel- oper") has submitted to the City a proposal in the form of an offer to purchase (the "Develop- ment Agreement') for the purchase of certain City -owned real property hereinafter described ("the Property"), which Development Agree- ment proposes the Developer will undertake the purchase of a parcel located at the corner of Hawthorne Street and Kerper Boulevard as described therein, which Property is the real estate consisting of approximately 2.54 acres shown on Exhibit A, and which Development Agreement requests that this Property be made available for sale as soon as practicable; and Whereas, in order to establish reasonably competitive bidding procedures for the disposi- tion of the Property in accordance with the stat- utory 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 De- velopment Agreement with the City, currently on file at the Office of the City Clerk; and Whereas, to recognize both the firm pro- posal for sale of the Property and improve- ments already received by the 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 pro- posal for the sale and development of the Prop- erty, this Council should by this Resolution: 1) Set the fair market value of the Prop- erty 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 Page 1169 of 2498 Book 153 Special Session, September 12, 2023 354 by Developer satisfies the minimum re- quirements 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 re- quired 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 DUBUQUE, IOWA: Section 1. That the Property shown on Ex- hibit A [provided] hereto, shall be offered for sale in accordance with the terms and condi- tions contained in this Resolution. Section 2. That it is hereby determined that in order to qualify for consideration for selec- tion, any person must submit a proposal which meets these minimum requirements: 1) Contains an agreement to purchase the Property, shown on Exhibit A, at not less than fair market value, which for the purposes of this resolution is hereby de- termined to be Four Million Eighty -Two Thousand One Hundred Seventeen & 00/100 Dollars ($4,082,117.00); 2) Sets out or provides to the satisfac- tion of the City Council the experience of the principals and key staff who are di- rectly engaged in the performance of con- tract obligations in carrying out projects of similar scale and character; and 3) Meets, at a minimum, the terms and conditions of the Development Agree- ment submitted by the Developer includ- ing an agreement to create 201 afforda- ble residential rental units within 24 months of the Closing Date in the City of Dubuque, Iowa. Section 3. That the Development Agree- ment by and between the City and the Devel- oper 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 illus- trative of the terms acceptable to the City Council with respect to: 1) Developer and City obligations; and 2) General terms and conditions. Section 5. That the Development Agree- ment submitted by the Developer satisfies the requirements of this offering and, in the event that no other qualified proposals are timely submitted, that the City Council intends to ac- cept and approve the Development Agree- ment. 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 ac- cordance with the Plan. Section 7. That the City Clerk shall receive and retain for public examination the [provided] Development Agreement submitted by the De- veloper and, in the event no other qualified pro- posals are timely submitted, shall resubmit the Development Agreement to the City Council for final approval and execution upon expiration of the notice hereinafter prescribed. Section 8. That the action of the City Coun- cil be considered to be and does hereby con- stitute notice to all concerned of the intention of this Council, in the event that no other qualified proposals are timely submitted, to accept the proposal of the Developer to purchase the Property shown on Exhibit A and to approve the Development Agreement by and between City and Developer. Section 9. That the official notice of this of- fering and of the intent of the City, in the event no other qualified proposals are timely submit- ted, to approve the Development Agreement, shall be a true copy of this Resolution, but with- out the attachments referred to herein. Section 10. That the City Clerk is author- ized and directed to secure immediate publica- tion of said official notice in the Telegraph Her- ald, a newspaper having a general circulation in the community, by publication of the text of this Resolution on or before the 15th day of September, 2023. Section 11. That written proposals for the sale of the Property shown on Exhibit A will be received by the City Clerk at or before 10:00 a.m., October 16, 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 October 16, 2023. Said proposals will then be pre- sented to the City Council at 6:30 p.m., October 16, 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 sub- stantial conformance with the provisions of Iowa Code Section 403.8, requiring reasonable competitive bidding procedures as are hereby Page 1170 of 2498 Book 153 al Session, September 18, 2023 355 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 ac- cording 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 di- rected to make preliminary analysis of each such proposal for compliance with the mini- mum requirements established by this Council hereinabove. For each proposal that satisfies these requirements, the City Council shall judge the strength of the proposal by the com- petitive criteria established hereinabove. The City Council shall then make the final evalua- tion and selection of the proposals. Section 15. If, and only if, competing pro- posals are received and determined by the Council to meet the minimum requirements de- scribed 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 sub- sequent meeting to be held by the City Man- ager 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 qual- ified 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, to enter into the resulting agreement, as required by law. Passed, approved, and adopted this 12th day of September, 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:02 p.m. /s/Trish L. Gleason, Assistant City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:45 p.m. on September 18, 2023, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attor- ney 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 on Travel Dubuque Update. WORK SESSION Travel Dubuque Update Keith Rahe President & CEO of Travel Dubuque provided a Travel Dubuque Update presentation. Topics in presentation were; ad- venture guide, group tours, meetings and con- ventions, riverboat tours, the USS LST 325, Field of Dreams, youth tournaments, and This is Iowa Ball Park, Inc. Council thanked Mr. Rahe for all the hard work he and the Travel Dubuque staff do. There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:10 p.m. /s/Trish L. Gleason, Assistant City Clerk Page 1171 of 2498 Book 153 Regular Session, September 18, 2023 356 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on September 18, 2023, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 61" Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attor- ney Brumwell. Mayor Cavanagh read the call and stated this is a regular session of the City Council called for the purpose of conducting such busi- ness that may properly come before the City Council. PLEDGE OF ALLEGIANCE MOMENT OF SILENCE The Mayor and City Council asked every- one in attendance to share in observing a mo- ment of silence in honor of former Council Woman Joyce Connors who passed away last week, Joyce Connors served the citizens of Dubuque as a member of the City Council for sixteen years, earning the admiration and re- spect of citizens and colleagues alike. PROCLAMATION(S) 1. Hispanic Heritage Month (September 15 to October 15) was accepted by Yara Isabel Lopez on behalf of the Dubuque Unidos organ- ization 2. Lincoln Lion Pride Week (September 25- 29) was accepted by Megan Elsinger, Lincoln Elementary Principal, Crystal Tatro 1150 Mt. Pleasant St., Liz Tyler, 1030 Melrose Tr., Can- dace Eudaley-Loebach 1715 Glen Oak St. and her two lion cubs on behalf of The People As- sociated with Lincoln School (PALS). 3. Crop Hunger Walk Day In Dubuque (Oc- tober 7) was accepted by Sue Hattel, Dubuque CROP Hunger Walk Committee Member and Lynn Rusk, Dubuque CROP Hunger Walk Treasurer on behalf of Dubuque CROP Hunger Walk Committee. CONSENT ITEMS Council Member Wethal requested Item No. 7 be held for separate discussion. Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indi- cated, except for Item No. 7. Seconded by Far- ber. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 8/18/23, 8/21/23, 8/22/23, 8/24/23, 9/5/23, 9/11/23, 9/12/23; Ca- ble Television Commission of 12/8/21, 8/29/23; Community Development Advisory Commis- sion of 9/6/23; Historic Preservation Commis- sion Minutes of 8/17/23; Zoning Advisory Com- mission Minutes of 8/24/23; Zoning Board of Adjustment Minutes of 9/6/23. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Jessica Mar- tin for property damage; Kelsey Mentz and Ju- lie Hoffman for vehicle damage. Upon motion the documents were received, filed, and re- ferred to the City Attorney. 3. Disposition of Claims: City Attorney ad- vising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Jessica Martin for property damage; Kel- sey Mentz and Julie Hoffman for vehicle dam- age. Upon motion the documents were re- ceived, filed, and concurred. 4. Approval of City Expenditures: Upon mo- tion the documents were received and filed, and Resolution No. 303-23 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. 303-23 AUTHORIZING THE CHIEF FINANCIAL OF- FICER / CITY TREASURER TO MAKE CER- TAIN 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 gen- erally accepted internal control procedures and have been determined to have been requisi- tioned for a lawful municipal purpose; and Whereas, the Chief Financial Officer -City Treasurer has provided a list of Expenditures [provided] hereto, and by this reference made a part hereof, to be drawn to pay for goods and services provided for City purposes; and Page 1172 of 2498 Book 153 Regular Session, September 18, 2023 357 Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142-18 adopted May 7, 2018, authorized the Chief Fi- nancial Officer -City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is [provided] 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 pay- ment 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 ac- cordance with approved budget appropria- tions. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Chief Fi- nancial Officer are hereby authorized and di- rected to provide the statement of receipts and disbursements to the City Council, and to pub- lish a summary thereof. Passed, approved, and adopted this 18th day of September, 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 5. Iowa Commission on Volunteer Service Letter of Support penned by Mayor Brad Cavanagh on behalf of the City of Dubuque in support of the Iowa Commission on Volunteer Service. Upon motion the documents were re- ceived, filed, and approved. 6. City Manager recommending City Coun- cil approval of the letter of support for the Na- tional Mississippi River Museum & Aquarium's grant application to the Silos & Smokestacks National Heritage Area's Large Grant Program and no City commitment is included in the letter of support. Upon motion the documents were received, filed, and approved. 7. Resilient Community Advisory Commis- sion (RCAC) submitting correspondence re- garding curbside food scrap pick up program: Council Member Wethal requested information regarding an update on this program. City Man- ager Van Milligen explained that the solid waste agency has a 28E agreement with the city and they are working with a consultant and the DNR to rectify the identified issues. Council Member Jones who sits on the Dubuque Met- ropolitan Area Solid Waste Agency concurred with the City Manager and went into greater de- tail regarding the process that the commission is following. Motion by Resnick to receive and file the documents. Seconded by Farber. Mo- tion carried 7-0. 8. City Manager providing a copy of the Roads and Bridges Magazine Article written by Arielle Swift, Assistant Public Works Director. Upon motion the documents were received and filed. 9. Zoning Advisory Commission recom- mending approval of the Plat of Survey of Lot 1 and Lot 2 of Bahl Middle Road Place. Upon mo- tion the documents were received and filed, and Resolution No. 304-23 Approving the Sim- ple Subdivision Plat of Survey Lot 1 and Lot 2 of Bahl Middle Road Place, Dubuque, Iowa was adopted. RESOLUTION NO. 304 - 23 APPROVING THE SIMPLE SUBDIVISION PLAT OF SURVEY LOT 1 AND LOT 2 OF BAHL MIDDLE ROAD PLACE, DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Simple Subdivision Plat Lot 1 and Lot 2 of Bahl Middle Road Place, Dubuque, Iowa; and Whereas, said Simple Subdivision Plat has been examined by the Zoning Advisory Com- mission and its approval has been endorsed thereon; and Whereas, said Simple Subdivision Plat has been examined by the City Council and they find that it conforms to the statues and ordi- nances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is waived to allow 0 ft. of street frontage on a public street or approved private street for Lot 2. Section 2. The Simple Subdivision Plat Lot 1 and Lot 2 of Bahl Middle Road Place, Dubu- que, Iowa is hereby approved, and the Mayor and City Clerk are hereby authorized and di- rected to endorse the approval of the City of Dubuque, Iowa upon said Plat of Survey. Passed, approved, and adopted this 181' day of September, 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 10. Zoning Advisory Commission recom- mends that the City Council approve the simple subdivision as submitted subject to waiving the bulk regulations for lot area, lot coverage, and rear yard setbacks for the property at 1363 Iowa Street. Upon motion the documents were received and filed, and Resolution No. 305-23 Approving the Simple Subdivision Plat Buelow Place, Dubuque, Iowa was adopted. Page 1173 of 2498 Book 153 Regular Session, September 18, 2023 358 RESOLUTION NO. 305 - 23 APPROVING THE SIMPLE SUBDIVISION PLAT BUELOW PLACE, DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Simple Subdivision Plat Buelow Place, Dubuque, Iowa; and Whereas, said Simple Subdivision Plat has been examined by the Zoning Advisory Com- mission and its approval has been endorsed thereon; and Whereas, said Simple Subdivision Plat has been examined by the City Council and they find that it conforms to the statutes and ordi- nances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Uni- fied Development Code, is waived to allow 0 ft. of frontage for Lot 2 on a public street or an ap- proved private street. Section 2. That the Simple Subdivision Buelow Place, Dubuque, Iowa is hereby ap- proved, 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 18"' day of September, 2023. Brad M. Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk 11. Submittal of the Consolidated Annual Performance and Evaluation Report (CAPER) for July 1, 2022, to June 30, 2023, to the U.S. Department of Housing & Urban Development Community Planning Division after recommen- dation of approval at the Public Hearing at the Community Development Advisory Commis- sion Meeting held on September 6, 2023. Upon motion the documents were received and filed, and Resolution No. 306-23 Authorizing the Submission of a Consolidated Annual Perfor- mance and Evaluation Report (Caper) for the Period Commencing July 1, 2022, and Con- cluding June 30, 2023 was adopted. RESOLUTION NO. 306-23 AUTHORIZING THE SUBMISSION OF A CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) FOR THE PERIOD COMMENCING JULY 1, 2022 AND CONCLUDING JUNE 30, 2023 Whereas, the City of Dubuque, Iowa, is an entitlement grant recipient under the Commu- nity Development Block Grant (CDBG) Pro- gram of the U.S. Department of Housing and Urban Development (HUD); and Whereas, the CDBG regulations require each entitlement recipient must submit a per- formance and evaluation report, Consolidated Annual Performance and Evaluation Report (CAPER); and Whereas, the City has 1) prepared a CA- PER for the program year commencing July 1, 2022 and concluding June 30, 2023; 2) pub- lished notice of availability of the CAPER in the Telegraph Herald and City of Dubuque website on August 18, 2023 and; 3) made copies of the CAPER available for public review; 4) held a public hearing pursuant to required 15-days published notice before the Community Devel- opment Advisory Commission on September 6, 2023. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Consolidated Annual Performance and Evaluation Report (CAPER) for the period commencing July 1, 2022, and concluding June 30, 2023, is hereby approved for submission upon the completion of the Pub- lic Hearing held on September 6, 2023. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute the Consolidated Annual Performance and Evaluation Report (CAPER) on behalf of the City of Dubuque, Iowa. Section 3. That the City Manager is hereby authorized to direct staff to submit the Consoli- dated Annual Performance and Evaluation Re- port (CAPER) along with any public comment to the U.S. Department of Housing and Urban Development. Passed, approved, and adopted this 18«' day of September 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 12. First Amendment to Community Devel- opment Block Grant (CDBG) Subrecipient Af- fordable Housing Network, Inc. 90 Main Street HVAC Replacement at 90 Main Street for an additional $528,100 and authorize the Mayor to execute the amendment on behalf of the City. Upon motion the documents were received and filed, and Resolution No. 307-23 Authorizing the First Amendment to the CDBG Subrecipi- ent Agreement Between the City of Dubuque and Affordable Housing Network, Inc. was adopted. RESOLUTION NO. 307-23 AUTHORIZING THE FIRST AMENDMENT TO THE CDBG SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF DUBUQUE AND AFFORDABLE HOUSING NETWORK, INC. Whereas, the City of Dubuque and Afford- able Housing Network, Inc. (AHNI) entered into a CDBG Subrecipient Agreement dated June 5, 2023 with to improve the quality of existing affordable rental housing at 90 Main Street; and Whereas, the parties desire to modify the Subrecipient Agreement as set out in the First Page 1174 of 2498 Book 153 Regular Session, September 18, 2023 359 Amendment to the Subrecipient Agreement [provided] hereto; and Whereas, AHNI provides services to a min- imum of 51 % low/moderate income residents, meeting the CDBG National Objective of Low/Mod-Income Housing benefit, and eligible activity of 14B: Rehab, Multi -Unit Residential. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the First Amendment to the CDBG Subrecipient Agreement be approved. Section 2. That the Mayor of the City of Dubuque, or his designee, is hereby authorized and directed to execute said Amendment on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 18th day of September 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 13. Accepting the 2023 Asphalt Overlay Ramp Project 4 and authorizing the payment of the final contract amount of $75,838.62 to Val- entine Construction, Co. LLC of Dubuque, IA, for the 2023 Asphalt Overlay Curb Ramp Pro- ject 4. Upon motion the documents were re- ceived and filed, and Resolution No. 308-23 Accepting the 2023 Asphalt Overlay Curb Ramp Project 4 and Authorizing the Payment to the Contractor was adopted. RESOLUTION NO. 308-23 ACCEPTING THE 2023 ASPHALT OVERLAY CURB RAMP PROJECT 4 AND AUTHORIZ- ING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the 2023 Asphalt Overlay Curb Ramp Pro- ject 4 (the Project) has been completed by the Contractor, Valentine Construction Co. 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 $75,838.62; and Whereas, the Contractor has previously been paid $72,046.69, leaving a balance of $3,791.93; 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 $3,791.93 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 181h day of September, 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 14. Approval of the Cable TV Commission recommendations for funding from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities for a total not to exceed $115,000. Three requests were received and awarded as follows: from the Dubuque Community School District up to $35,000 for new equipment, from Loras Col- lege for new equipment in the amount of $25,000, and not more than $55,000 for the City of Dubuque for new editing stations and new equipment. Upon motion the documents were received, filed, and approved. 15. Intent to Apply for Local Housing Trust Fund FY24 to Iowa Finance Authority with an anticipated amount of $231,167.00 and a re- quired match of $53,169.00. Upon motion the documents were received and filed, and Reso- lution No. 309-23 Authorizing the Mayor to Ex- ecute an Application for the Local Housing Trust Fund 2024 and Authorizing the Housing and Community Development Director and the City Manager to Approve the Application was adopted. RESOLUTION NO. 309-23 AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION FOR THE LOCAL HOUS- ING TRUST FUND 2024 AND AUTHORIZING THE HOUSING AND COMMUNITY DEVEL- OPMENT DIRECTOR AND THE CITY MAN- AGER TO APPROVE THE APPLICATION Whereas, the City of Dubuque administers a Local Housing Trust Fund; and Whereas, the City of Dubuque proposes to continue administering the Local Housing Trust Fund and apply to the Iowa Finance Authority for Local Housing Trust Fund for their Fiscal Year 2024. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA, THAT: Section 1. That the Mayor hereby is author- ized and directed to submit an application for the Local Housing Trust Fund 2024 on behalf of the City of Dubuque. Section 2. That the Housing and Commu- nity Development Director and the City Man- ager are hereby authorized to approve the ap- plication that is submitted to the Iowa Finance Authority. Section 2. That the City Manager is hereby authorized and directed to forward said appli- cation and resulting standard executed con- tract to the respective agencies in a timely fashion and as required by the Iowa Finance Authority. Page 1175 of 2498 Book 153 Regular Session, September 18, 2023 360 Passed, approved, and adopted this 18th day of September 2023. Brad M. Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk 16. Intent to apply for 2024 Track 2 Devel- opment Base Grant with an anticipated amount of $11,013.00 with no match required. Upon motion the documents were received, filed, and approved. 17. The Dubuque Racing Association (DRA) Financing documents of the improve- ment projects planned for Chaplain Schmitt Is- land for Informational Purposes Only. Upon motion the documents were received and filed. 18. Signed Contracts: Newt Marine Ser- vices for 2023 Maintenance Dredging Project Public Improvement Contract. Upon motion the documents were received and filed. 19. Approval of Retail Alcohol Licenses: Upon motion the documents were received and filed, and Resolution No. 310-23 Approving ap- plications for retail alcohol licenses, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 310-23 APPROVING APPLICATIONS FOR RETAIL ALCOHOL LICENSES, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDI- NANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CON- TROL, ARTICLE B LIQUOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for retail alcohol li- censes have been submitted and filed with the City Council for approval, and the same have been examined, provisionally approved, and/or approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City, and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Clerk is hereby author- ized and directed to cause to be issued at the noted premise address to the following appli- cants pending submission of the locally re- quired documentation: New Applications Millwork Marketplace, 333 East 10"' St. Suite 12 King Kutz LLC, 3372 Center Grove Dr. Dubuque Museum of Art, 701 Locust St. Renewals Phillips 66/Arby's, 10 South Main St. Chipotle Mexican Grill, 3450 Dodge St., Suite 101 Denny's Lux Club, 3050 Asbury Rd. Fat Tuesday's, 1121 University Ave. Fiesta Cancun Authentic Mexican Restau- rant, 2515-1 NW Arterial Grand River Center, 500 Bell St. Grand Tap The, 802 Central Ave. Red Robin America's Gourmet Burgers & Spirits, 2775 NW Arterial The Copper Kettle Inc., 2987 Jackson St. Passed, approved, and adopted this 18"' day of September 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant 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 Wethal. Motion carried 7-0. 1. Vacating a portion of an access and trail easement across Seippel Warehouse LLC property, described as Lot 1 of Dubuque Indus- trial Center South Fourth Addition, in the City of Dubuque, Iowa, at the intersection of Seippel Road and Cottingham Road. Upon motion the documents were received and filed and Reso- lution No. 311-23 of Intent to Vacate and Dis- pose of City Interest in a Portion of an Access and Trail Easement Over and Across Lot 1 Of Dubuque Industrial Center South Fourth Addi- tion, in the City of Dubuque, Iowa was adopted setting a public hearing for a meeting to com- mence at 6:30 p.m. on October 2, 2023 at 6:30 p.m. in the Historic Federal Building. RESOLUTION NO. 311-23 INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN A PORTION OF AN AC- CESS AND TRAIL EASEMENT OVER AND ACROSS LOT 1 OF DUBUQUE INDUSTRIAL CENTER SOUTH FOURTH ADDITION, IN THE CITY OF DUBUQUE, IOWA Whereas, per the Final Plat of Dubuque In- dustrial Center South First Addition in the City of Dubuque, Iowa, Instrument Number 2014- 1397, a 40-foot-wide access, and trail ease- ment was reserved thru Lot 2 of said Final Plat of Dubuque Industrial Center South First Addi- tion; and Whereas, per an agreement between the City of Dubuque and Seippel Warehouse LLC, the parties wished to set forth terms for the re- location of said access and trail easement across Lot 2 of said Final Plat of Dubuque In- dustrial Center South First Addition in order to accommodate the construction of a 250,000 square foot warehouse building; and Page 1176 of 2498 Book 153 Regular Session, September 18, 2023 361 Whereas, Lot 2 of said Final Plat of Dubu- que Industrial Center South First Addition has been consolidated with other properties and is now part of Lot 1 of the Plat of Survey of Lot 1 and Lot A of Dubuque Industrial Center South Fourth Addition, in the City of Dubuque Iowa, per Instrument Number 2023-00008290; and Whereas, said Plat of Survey of Lot 1 and Lot A of Dubuque Industrial Center South Fourth Addition dedicates a new and relocated 40-foot-wide access and trail easement on the west said of said warehouse building and by Resolution 267-23 the City has accepted said dedication of access and trail easement from Seipel Warehouse LLC; and Whereas, per said agreement the City is re- sponsible for vacating a portion of the original 40-foot-wide access and trail easement area, reserved on said Final Plat Dubuque Industrial Center South First Addition, through Lot 1 of Dubuque Industrial Center South Fourth Addi- tion, in the City of Dubuque, Iowa, as shown on the [provided] Exhibit A. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the City of Dubuque, in- tends to vacate and dispose of its interest in a portion of the original access and trail ease- ment, as reserved on said Final Plat Dubuque Industrial Center South First Addition, through Lot 1 of Dubuque Industrial Center South Fourth Addition, in the City of Dubuque, Iowa. Section 2. That a public hearing, and/or by virtual means on the intent to vacate and dis- pose of City interest in a portion of the original access and trail easement, as reserved on said Final Plat Dubuque Industrial Center South First Addition, through Lot 1 of Dubuque Indus- trial Center South Fourth Addition, in the City of Dubuque, Iowa, is hereby set for the 2"d day of October, 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 and dis- pose of said interest to be published in the manner as prescribed by law. Passed, approved, and adopted this 18th day of September 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk BOARDS/COMMISSIONS Appointments were made to the following commission. 1. Equity and Human Rights Commission: One, 3-Year Term through January 1, 2024 (Vacant term of Herrion) and One, 3-Year Term through January 1, 2025 (Vacant term of Wil- liams) Applicants: Rick Baumhover, 601 Garfield Ave. (Additional Applicant), Michaela Freiburger, 1718 Diane Crt., David Heiar, 805 Carriage Hill Dr. This commission is subject to the State of Iowa Gender Balance Law, §69.16A. 9 Commissioners total; currently 4 males /3 females /2 openings. Upon roll call vote, Mr. Heiar was appointed to the 3-year term through January 1, 2024. Mr. Heiar re- ceived all 7 votes. Upon roll call vote, Ms. Frei - burger was appointed to the 3-year term through January 1, 2025. Ms. Freiburger re- ceived 4 votes (Roussell, Jones, Farber, and Resnick) Mr. Baumhover received the remain- ing 3 votes. PUBLIC HEARINGS 1. Request to Rezone Property at 1749 Churchill Drive and the Zoning Advisory Com- mission Recommending Approval.: 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 Resnick. Due to the high number of attendees that wanted to speak the Mayor placed a 5-mi- nute per person and a 30-minute total for the full public input section. The Council Chamber quickly was over capacity, based on the Fire Marshals occupancy load requirements. The Mayor had to ask attendees in the chambers to divide in half and part attend the meeting via TV monitors in the hallway right outside of the council chambers. Attendees were able to see and hear everything that occurred within the chambers and the doors were left open so an- yone could enter, or exit based on speaking needs. The Mayor extended the time frame for the public input section to one hour. A total of six residents spoke in favor of the rezoning re- quest and five residents spoke against the re- zoning request. The Mayor asked, by show of hands, how many attendees were present to speak in favor of the rezoning request and how many were speaking in opposition to the re- quest. The Mayor closed the Public input sec- tion 74 minutes after beginning it, stating that due to time constraints the council needed time to deliberate this request. One attendee ap- proached the podium and objected, for the rec- ord, to the closing of the public input section. The Mayor reiterated that the City Council had received over twenty-eight (28) emails as pub- lic input on this item as well as seeing and gear- ing the responses from residents in attend- ance. Planning Services Director Wally Werni- mont provided a staff report. Motion carried 7- 0. After much discussion by the City Council. Motion by Jones for final consideration and passage of Ordinance No. 39-23 Amending Ti- tle 16 of the City of Dubuque Code of Page 1177 of 2498 Book 153 Regular Session, September 18, 2023 362 Ordinances, Unified Development Code, by Reclassifying Hereinafter Described Property Located at 1749 Churchill Drive From R-1 Sin- gle -Family Residential District To R-3c Moder- ate Density Multiple- Family Residential District with Conditions as Established in the attached Memorandum of Agreement. Seconded by Resnick. Motion carried 7-0. ORDINANCE NO. 39 - 23 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLAS- SIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1749 CHURCHILL DRIVE FROM R-1 SINGLE-FAMILY RESI- DENTIAL DISTRICT TO R-3C MODERATE DENSITY MULTIPLE -FAMILY RESIDENTIAL DISTRICT WITH CONDITIONS AS ESTAB- LISHED IN THE ATTACHED MEMORANDUM OF AGREEMENT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubu- que Code of Ordinances, the Unified Develop- ment Code, is hereby amended by reclassify- ing the hereinafter -described property from R- 1 Single -Family Residential district to R-3C Moderate Density Multiple -Family Residential district with conditions, to wit: Lot 1 of Block 6 of Churchill Heights Subdivision, in the City of Dubuque, Iowa, according to the recorded plats thereof, subject to easements of record and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication, as provided by law. Passed, approved, and adopted this 18"' day of September 2023. /s/Brad M. Cavanaugh, Mayor Attest:/s/Trish L. Gleason, Assistant City Clerk Published officially in the Telegraph Herald newspaper on the 21 st day of September, 2023. /s/Trish L. Gleason, Assistant City Clerk MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5, and as an express condition of rezoning of the property located at 1749 Churchill Drive and le- gally described as: Lot 1 of Block 6 of Churchill Heights Subdivision, in the City of Dubuque, Iowa, according to the recorded plats thereof, subject to easements of record and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Which is the subject of Ordinance No. 39- 23, a copy of which is attached hereto and in- corporated herein by reference, the under- signed property owner(s) agree(s) to the fol- lowing conditions, all of which the property owner(s) further agree(s) are reasonable and are imposed to satisfy public needs which are caused directly by the rezoning: A. Conditions: 1. That the list of Permitted Uses shall be limited to: a. Single-family detached dwelling b. Cemetery, mausoleum, or colum- barium c. Place of religious exercise or as- sembly d. Golf course e. Parks, public or private, and similar natural recreation areas f. Public, private or parochial school approved by the State of Iowa (K- 12) g. Railroad or public or quasi -public utility, including substation h. Community gardens 2. That the list of Conditional Uses shall be limited to: a. Bed and breakfast home b. Licensed adult day services c. Licensed childcare center d. Mortuary, funeral home, or crema- torium e. Off street parking f. Tour home g. Tourist home h. Wind energy conservation system i. Accessory dwelling unit j. Group home 3. Accessory Uses: Any use customar- ily incidental and subordinate to the principal use it serves. 4. Temporary uses shall be regulated in conformance with the provisions of sec- tion 16-3-19 of this title. 5. The Parking Requirements, Signs, and Bulk Regulations shall comply with the R-1 Single -Family Residential zon- ing regulations. B. Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate zoning reclassification proceedings to the R-1 Single - Family Residential District if the property owner fails to complete any of the conditions or provi- sions of this Agreement. C. Modifications. Any modifications of this Agreement shall be considered a zoning re- classification and shall be subject to the provi- sions of the Title 16, Unified Development Code, governing zoning reclassifications. All such modifications must be approved by the Page 1178 of 2498 Book 153 Regular Session, September 18, 2023 363 City Council of Dubuque, Iowa. D. Recording. A copy of this Agreement shall be recorded with the Dubuque County Recorder as a permanent record of the condi- tions accepted as part of this rezoning approval within ten (10) days of the adoption of Ordi- nance No. 39-23. E. Construction. This Agreement shall be construed and interpreted as though it were part of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code. F. This Agreement shall be binding upon the undersigned and his/her heirs, successors, and assignees. ACCEPTANCE OF ORDINANCE NO. 39 - 23 I, Jeffrey M. Szalkowski and Tricia M. Szalkowski, having read the terms and condi- tions of the foregoing Ordinance No. 39 - 23 and being familiar with the conditions thereof, hereby accept this same and agree to the con- ditions required therein. Dated in Dubuque, Iowa this 16'h day of September, 2023. /s/Jeffrey M. Szalkowski, property owner /s/Tricia M. Szalkowski, property owner Mayor Cavanagh called for a 5-minute re- cess at 8:25 p.m. to allow attendees to exit the council chambers if they did not wish to stay for the rest of the meeting. 2. Request to Rezone Property Located at 25 Bissell Lane and Zoning Advisory Commis- sion Recommending Approval: Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Sprank. Planning Services Director Wally Wer- nimont provided a staff report. Applicant Cory Renson was present in the council chambers. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 40-23 Amending Ti- tle 16 of the City of Dubuque Code of Ordi- nances, Unified Development Code, by Re- classifying Hereinafter Described Property Lo- cated at 25 Bissell Lane (Pin 1025402007 and 1025402008) from OR Office Residential to C- 3 General Commercial District. Seconded by Sprank. Motion carried 7-0. ORDINANCE NO. 40 - 23 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLAS- SIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 25 BISSELL LANE (PIN 1025402007 and 1025402008) FROM OR OFFICE RESIDENTIAL TO C-3 GENERAL COMMERCIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubu- que Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafter —described property from OR Office Residential to C-3 General Commercial Dis- trict, to wit: NORTH 1/2 of the EAST 1/2 of CITY LOT 587 AND SOUTH 1/2 of the EAST 1/2 of CITY LOT 587 and to the CEN- TERLINE of the ADJOINING PUBLIC RIGHT-OF-WAY, ALL IN THE CITY OF DUBUQUE, IOWA. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved, and adopted this 18'h day of September, 2023. /s/Brad M. Cavanagh, Mayor Attest: /s/Trish L. Gleason, Assistant City Clerk Published officially in the Telegraph Herald newspaper on the 21 st day of September, 2023. /s/Trish L. Gleason, Assistant City Clerk 3. Request to Rezone Property at 2000 Radford Road and Zoning Advisory Commis- sion Recommending Approval: Motion by Roussell to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Wethal. Planning Services Director Wally Wer- nimont provided a staff report. Motion carried 7-0. Motion by Roussell for final consideration and passage of Ordinance No. 41-23 Amend- ing Title 16 of the City of Dubuque Code of Or- dinances, Unified Development Code, by Re- classifying Hereinafter Described Property Along Radford Road Within the City of Dubu- que from Planned Unit Development With PC - Planned Commercial Designation to OC Office Commercial. Seconded by Wethal. Motion car- ried 7-0. ORDINANCE NO. 41 - 23 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLAS- SIFYING HEREINAFTER DESCRIBED PROPERTY ALONG RADFORD ROAD WITHIN THE CITY OF DUBUQUE FROM PLANNED UNIT DEVELOPMENT WITH PC - PLANNED COMMERCIAL DESIGNATION TO OC OFFICE COMMERCIAL Page 1179 of 2498 Book 153 Regular Session, September 18, 2023 364 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubu- que Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafter described property from Planned Unit Development with PC -Planned Commer- cial designation to OC Office Commercial, to wit: The eastern portion of Lot 2 of Pizza Ranch Place and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa as shown in Exhibit A. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved, and adopted this 18th day of September, 2023. /s/Brad M. Cavanagh, Mayor Attest:/s/Trish L. Gleason, Assistant City Clerk Published officially in the Telegraph Herald newspaper on the 21 st day of September 2023. /s/Trish L. Gleason, Assistant City Clerk 4. Request to Rezone Property at 3465 As- bury Road and Zoning Advisory Commission Recommending Approval with the Condition of Maintaining the Screening Requirements within the Existing Planned Unit Development with PC — Planned Commercial District: Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Farber. Planning Services Director Wally Wer- nimont provided a staff report and answered questions from the council. Resident Alexis Steger spoke out against the request. Kim Ad- ams Senior Vice President of Operations and Facilities at DuTrac Community Credit Union spoke in favor of the signage request. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 42-23 Amending Ti- tle 16 of the City of Dubuque Code of Ordi- nances, Unified Development Code, by Re- classifying Hereinafter Described Property Lo- cated at 3465 Asbury Road from PUD Planned Unit Development with Planned Commercial Designation to C-3C General Commercial Dis- trict with Conditions. Seconded by Wethal. Mo- tion carried 7-0. ORDINANCE NO. 42 - 23 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DE- SCRIBED PROPERTY LOCATED AT 3465 ASBURY ROAD FROM PUD PLANNED UNIT DEVELOPMENT WITH PLANNED COMMER- CIAL DESIGNATION TO C-3C GENERAL COMMERCIAL DISTRICT WITH CONDI- TIONS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubu- que Code of Ordinances, the Unified Develop- ment Code, is hereby amended by reclassify- ing the hereinafter -described property from PUD Planned Unit Development with Planned Commercial designation to C-3C General Commercial District with conditions, to wit: Lots 1, 2, 3, and 6 of Block 1, and Lots 1, 2, 3, 4, 5, and 6 of Block 2 Westches- ter Subdivision, according to the rec- orded plats thereof, subject to ease- ments of record and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication, as provided by law. Passed, approved, and adopted this 18tn day of September, 2023. /s/Brad M. Cavanaugh, Mayor Attest:/s/Trish L. Gleason, Assistant City Clerk Published officially in the Telegraph Herald newspaper on the 21 st day of September 2023. /s/Trish L. Gleason, Assistant City Clerk MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5, and as an express condition of rezoning of the property located at 3465 Asbury Road and le- gally described as: Lots 1, 2, 3, and 6 of Block 1, and Lots 1, 2, 3, 4, 5, and 6 of Block 2 Westches- ter Subdivision, according to the rec- orded plats thereof, subject to ease- ments of record and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Which is the subject of Ordinance No. 42- 23, a copy of which is [provided] hereto and in- corporated herein by reference, the under- signed property owner(s) agree(s) to the fol- lowing conditions, all of which the property owner(s) further agree(s) are reasonable and are imposed to satisfy public needs which are caused directly by the rezoning: A) Conditions: 1. That screening composed of earth berm and/or shrubbery of at least five (5) ft. in height and 50% opacity or a combination Page 1180 of 2498 Book 153 Regular Session, September 18, 2023 365 of a solid fence and landscaping as shown in Exhibit A and Exhibit B [provided] to this ordinance shall be provided adjoining South Way and Dana Drive. B) Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate zoning reclassification proceedings to the previously approved PC Planning Commercial zoning dis- trict (Ordinance 22-17) if the property owner fails to complete any of the conditions or provi- sions of this Agreement. C) Modifications. Any modifications of this Agreement shall be considered a zoning re- classification and shall be subject to the provi- sions of the Title 16, Unified Development Code, governing zoning reclassifications. All such modifications must be approved by the City Council of Dubuque, Iowa. D) Recording. A copy of this Agreement shall be recorded with the Dubuque County Recorder as a permanent record of the condi- tions accepted as part of this rezoning approval within ten (10) days of the adoption of Ordi- nance No. 42-23. E) Construction. This Agreement shall be construed and interpreted as though it were part of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code. F) This Agreement shall be binding upon the undersigned and his/her heirs, successors, and assignees. ACCEPTANCE OF ORDINANCE NO. 42 - 23 I, Kim Adams, having read the terms and conditions of the foregoing Ordinance No. 42- 23 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 18"' day of September 2023. /s/Kim Adams, SVP Operations and Facilities, On behalf of DuTrac Community Credit Union, property owner 5. Approving a Development Agreement by and between the City of Dubuque, Iowa, and HG APT LLC: Motion by Sprank to receive and file the documents and adopt Resolution No. 312-23 Approving a Development Agreement by and between the City of Dubuque, Iowa, and HG Apt LLC including the issuance of Urban Tax Increment Revenue Obligations. Cathrine Sorensen, 2613 Jackson, spoke regarding the small amount of square footage the proposed apartments may have. Developer, Josh Man- ders, 1495 South Grandview was present in the council chambers. Seconded by Wethal. Motion carried 7-0. RESOLUTION NO. 312-23 APPROVING A DEVELOPMENT AGREE- MENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA, AND HG APT LLC INCLUDING THE ISSUANCE OF URBAN TAX INCREMENT REVENUE OBLIGATIONS Whereas, HG APT LLC is the owner of the property legally described as follows: Lot 1 of Lot 1 of PARAGON SQUARE, in the City of Dubuque, Iowa, according to the recorded Plat thereof (the Prop- erty); and Whereas, the City Council, by Resolution No. 290-23, dated September 5, 2023, de- clared its intent to enter into a Development Agreement by and between the City of Dubu- que, Iowa, and HG APT LLC, including the is- suance of Urban Renewal Tax Increment Rev- enue Obligations; and Whereas, pursuant to published notice, a public hearing was held on the proposed De- velopment Agreement on September 18, 2023 at 6:30 p.m.; and Whereas, it is the determination of the City Council that approval of the Development Agreement for redevelopment of the Property by HG APT LLC, according to the terms and conditions set out in the Development Agree- ment, 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 Development Agree- ment by and between the City of Dubuque, Iowa, and HG APT LLC, a copy of which is [pro- vided] hereto, including the issuance of Urban Renewal Tax Increment Revenue Obligations, is hereby approved. Section 2. That the Mayor is hereby author- ized and directed to execute the Development Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is author- ized to take such actions as are necessary to comply with the terms of the Development Agreement as herein approved. Passed, approved, and adopted this 18"' day of September, 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 6. Maus Park Lake Pump Station Culvert Repair Project to consider approving the plans, specifications, form of contract, and construc- tion estimate of $586,000.00. Motion by Jones to receive and file the documents and adopt Resolution No. 313-23 Approval of Plans, Specifications, Form of Contract, and Esti- mated Cost for the Maus Park Lake Pump Sta- tion Culvert Repair Project. Seconded by Wethal. Motion carried 7-0. RESOLUTION NO. 313-23 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED Page 1181 of 2498 Book 153 Regular Session, September 18, 2023 366 COST FOR THE MAUS PARK LAKE PUMP STATION CULVERT REPAIR PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Maus Park Lake Pump Station Culvert Repair Project in the estimated amount of $586,000.00, are hereby approved. Passed, adopted, and approved this 18th day of September 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 7. Request to Amend PUD Zone C at 7495 Chavenelle Road of the Dubuque Industrial Center West Planned Unit Development and The Zoning Advisory Commission Recom- mending Approval: Motion by Roussell to re- ceive and file the documents and that the re- quirement that a proposed ordinance be con- sidered and voted on for passage at two Coun- cil meetings prior to the meeting at which it is to be passed be suspended. Seconded by Wethal. Planning Services Director Wally Wer- nimont provided a staff report. Applicant and owner of Good Life Integrative Veterinary Care, Katie Merkes spoke in favor of the application. Motion carried 7-0. Motion by Roussell for final consideration and passage of Ordinance No. 43-23 Amend- ing Title 16, Unified Development Code of The City of Dubuque Code of Ordinances, by Re- scinding Ordinance No. 6-23 Which Estab- lished Regulations for a PUD Planned Unit De- velopment District with A PI Planned Industrial Designation and Adopting an Amended PUD Ordinance to Allow an Animal Hospital or Clinic, Kennel, And Pet Daycare or Grooming as Permitted Uses in Zone C of the Dubuque Industrial Center West Planned Unit Develop- ment District. Seconded by Farber. Motion car- ried 7-0. ORDINANCE NO. 43 23 AMENDING TITLE 16, UNIFIED DEVELOP- MENT CODE OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY RESCINDING ORDINANCE NO. 6-23 WHICH ESTAB- LISHED REGULATIONS FOR A PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PI PLANNED INDUSTRIAL DESIG- NATION AND ADOPTING AN AMENDED PUD ORDINANCE TO ALLOW AN ANIMAL HOSPITAL OR CLINIC, KENNEL, AND PET DAYCARE OR GROOMING AS PERMITTED USES IN ZONE C OF THE DUBUQUE IN- DUSTRIAL CENTER WEST PLANNED UNIT DEVELOPMENT DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the Dubuque Code of Ordinances, Unified Development Code, is hereby amended by rescinding Ordi- nance No. 6-23 and allowing animal hospital or clinic, kennel, and pet daycare or groom- ing as permitted uses in Zone C of the Dubuque Industrial Center West Planned Unit Development district with a PI Planned Industrial Designation for the property legally described, to wit: Lot 2 of McFadden Farm Place No. 2, Part of Lot 1-2 McFadden Farm Place No. 4, Balance of Lot 1-2 McFadden Farm Place No. 4, Lot 1 of McFadden Farm Place No. 5, Part Lot 1A McFad- den Farm Place No. 6, Balance of Lot 1A McFadden Farm Place No. 6, Bal- ance of Lot 1 McFadden Farm Place No 6 excluding Lot 1A, Lot 4 Dubuque In- dustrial Center West, Lots 1-1, 2, 2-1, 3, 4, 5, 6, 7, 8 and C of Dubuque Industrial Center West 2"d Addition, Lots 1, 1-4, 2 2-4, 3, B and C of Dubuque Industrial Center West 4' Addition, Lots 1-1, 1-2, 1-3, 1-5, 2-3, A, C and D of Dubuque Industrial Center West 5th Addition, Lots 1 and A of Dubuque Industrial Center West 6th Addition, Lots 1, 1-2 and 2-2 of Dubuque Industrial Center West 7th Ad- dition, Lots 1, 2 and B of Dubuque In- dustrial Center West 8th Addition, Lot 2 of Dubuque Industrial Center West 9th Addition, Lot 1 of Dubuque Industrial Center West Exc 7425 Condominiums, Lots 1-5, 3, 6 and H of Dubuque Indus- trial Center West Final Plat, Lots 1, 1-C and 2 of Dubuque Industrial Center North 1 st Addition, Balance of Lot 2-C of Dubuque Industrial Center North 1st Addition, Balance of Lot 3 Dubuque In- dustrial Center North 1st Addition ex- cluding Lot A, Part of Lot 3 Dubuque In- dustrial Center North 1st Addition ex- cluding Lot A, Part of Lot 2-C of Dubu- que Industrial Center North 1 st Addition, Unit 1 and Unit 2 of 7425 Condomini- ums located on Lot 1 Dubuque Indus- trial Center West, Lot 1 Dubuque Indus- trial Center North 2"d Addition Located in DUB T6, Part of Lot A Dubuque In- dustrial Center North 1 st Addition in Tax District DUB A, Part of Lot A Dubuque Industrial Center North 15t Addition in Tax District DUB T6, Part of Lot 1 Unison Addition, Lots 1 and 2A Dubu- que Industrial Center North 3rd Addition, Lot 2-1 SW SW & 2-1 SE SW both in Section 30 T89N R2E, Lot 2 SE SW Section 30 T89N R2E, Lot 1-1 NW '/4 NW'/ Section 29 T89N R2E, SE'/4 NW '/4 Section 29 T89N R2E, SW'/ NW'/ Section 29 T89N R2E, Lot 2 SW SE and Lot 2 SE SE Section 30 T89N R2E, and Page 1182 of 2498 Book 153 Regular Session, September 18, 2023 367 to the centerline of the adjoining public right of -way, all in the City of Dubuque, Iowa Section 2. [provided] hereto and made a part of this zoning reclassification approval is an amended Conceptual Development Plan for the Dubuque Industrial Center West Planned Unit Development. It is recognized that minor shifts or modifications to the general plan lay- out may be necessary and compatible with the need to acquire workable street patterns, grades, and usable building sites. The general plan layout, including the requirements, shall be used as the implementation guide. Section 3. Pursuant to Iowa Code Section 414.5 (2015), as amended, and as an express condition of the reclassification, the under- signed property owner(s) agree(s) to the fol- lowing conditions, all of which the property owner(s) further agree(s) are reasonable and imposed to satisfy the public needs that are caused directly by the zoning reclassification: A) Definitions 1. Building Related Features Building related features are defined as all constructed items which rise above the grade surface of the lot. These in- clude: a. The primary building b. All accessory or secondary build- ings c. All exterior storage areas d. Exterior refuse collection areas e. Exterior mechanical equipment f. Containerized or tank storage of liquids, fuels, gases, and other ma- terials. 2. Vehicle Related Features Vehicle related features are defined as all areas used for the movement and parking of all vehicles within the lot. These include: a. Employee and visitor parking spaces. b. Driveways from the street right- of-way line to and from parking spaces. c. Loading spaces outside of the building. d. Maneuvering spaces outside of the building. e. Parking spaces for company - owned commercial vehicles. f. Fire lanes. g. Railroad tracks. 3. Open Space Features Open space features are defined as those exterior areas and developed fea- tures of the lot which include: a. Landscaped space containing lawn areas and plantings. b. Paved, hard -surfaced, pedestrian areas such as walkways, plazas, entryways, and courtyards. c. Surface storm water detention ar- eas not otherwise used for building - related or vehicle -related purposes. d. Open recreation areas and recre- ational trail. e. Other non -building and non -ve- hicular related space. B. Use Regulations. The following regulations shall apply to all uses made of land in the above described PUD District: Zone A: General Purpose and Descrip- tion. Zone A is intended to provide for a lim- ited amount of commercial development that will serve industrial park employees with daily commercial and service needs. The development of Zone A shall resemble a small shopping center with shared ac- cess, parking, and signage to promote a unified commercial appearance. Exterior storage is prohibited. 1. Principal permitted uses shall be lim- ited to: a. Public or quasi -public utilities in- cluding substations . b. Business services c. Gas station / convenience / car wash d. Laundry / dry cleaner C. Indoor restaurant f. Drive-in/carry-out restaurant g. Drive -up automated bank teller h. Banks, savings and loans, and credit unions i. Group day care center 2. Conditional uses reserved for future use. 3. Accessory uses shall be limited to the following: a. Any use customarily incidental and subordinate to the principal use it serves. 4. Temporary uses shall be limited to the following: Any use listed as a permitted use within the PUD District of a limited duration as established in Section 3-19 Temporary Uses of the Unified Development Code. Zone B: General Purpose and Description. Zone B is intended to provide for a variety of uses primarily involving light manufacturing, assembly and fabrication, warehousing, whole- saling, office uses and business services. Ex- terior storage is prohibited. 1. Principal permitted uses shall be lim- ited to: a. Railroads and public or quasi - public utilities b. General offices c. Medical/dental lab d. Mail-order houses e. Printing and publishing Page 1183 of 2498 Book 153 Regular Session, September 18, 2023 368 f. Laboratories for research and en- sales/service gineering k. Cold storage/locker plants g. Wholesale sales/distributor I. Packing and processing of meat, h. Vending / game machine sales / dairyorfood products, notto include service stockyards or slaughter houses i. Cold storage/locker plants m. Tool, die, and pattern making j. Packing and processing of meat, n. Manufacture, assembly, repair or dairyorfood products, notto include storage of electrical and electronic stockyards or slaughter houses products, components, or equip- k. Tool, die, and patter making ment I. Manufacture, assembly, repair or o. Warehousing and storage facili- storage of electrical and electronic ties, not to include mini -warehouses products, components, or equip- p. Manufacturing, processing, fabri- ment cation, assembling, packaging or m. Warehousing and storage facili- other comparable treatment of ties, not to include mini -warehouses goods or materials, entirely within n. Manufacturing, processing, fabri- enclosed buildings cation, assembling, packaging or q. Animal hospital or clinic other comparable treatment of r. Kennel goods or materials, entirely within s. Pet daycare or grooming enclosed buildings 2. Conditional uses shall be limited to o. Childcare centers the following: p. Early learning centers a. Day care center, within a primary q. Data centers office/industrial building or as an ac- r. Emergency call centers cessory structure on the same lot. 2. Accessory uses shall be limited to the Day care centers are subject to following: state and local regulations. a. Retail outlets within a primary of- 1. Indoor floor area (excluding fice/industrial building, selling prod- halls and bathrooms) must be ucts produced on -site and only as provided per child in areas occu- accessory to the principal use. pied by cribs as per State Code; b. Any use customarily incidental 2. Indoor floor area (excluding and subordinate to the principal use halls and bathrooms) must be it serves. provided per child in areas not 3. Temporary uses shall be limited to occupied by cribs times the li- the following: censed capacity as per State Any use listed as a permitted use within Code; the PUD District of a limited duration as 3. Fenced outdoor recreation established in Section 3-19 Temporary space, must be provided per Uses of the Unified Development Code. child using the space at a given Zone C: General Purpose and Description. time as per State Code; Zone C is intended to provide for a variety of 4. Such facility shall provide for uses primarily involving light manufacturing, the loading and unloading of assembly and fabrication, warehousing, whole- children so as not to obstruct saling, and office uses. Exterior storage is al- public streets or create traffic or lowed with some restrictions and must be safety hazards; screened from view from both the public right- 5. All licenses have been issued of -way and surrounding privately owned prop- or have been applied for await- erty. ing the outcome of the Board's 1. Principal permitted uses shall be lim- decision; ited to: 6. No group day care center may a. Railroads and public or quasi- be located within the same public utilities structure as any gas station, b. Corporate offices bar/tavern, automated gas sta- c. Medical/dental lab. tion or any facility selling, servic- d. Mail-order houses- ing, repairing, or renting vehi- e. Printing and publishing cles; f. Laboratories for research and en- 7. The parking group require- gineering ments can be met; g. Moving/storage facilities 8. The conditional use applicant h. Wholesale sales/distributor certifies that the premises on i. Freight transfer facilities which the group day care center j. Vending/game machine will be located complies with, Page 1184 of 2498 Book 153 Regular Session, September 18, 2023 369 and will for so long as the group d. Printing and publishing day care center is so located, e. Laboratories for research and engi- continue to comply with all local, neering state and federal regulations f. Moving/storage facilities governing hazardous sub- g. Wholesale sales/distributor stances, hazardous wastes, and h. Freight transfer facilities hazardous materials, including, i. Fuel and ice dealers but not limited to Iowa Code j. Cold storage/locker plants chapter 455B (1991); 42 U.S.C. k. Packing and processing of meat, Section 9601 of the Federal dairy or food products, not to include Comprehensive Environmental stockyards or slaughter houses Response Compensation and I. Compounding, processing, and Liability Act; 40 C.F.R. Section packaging of chemical products 3-2.4; and Section 302 of the m. Manufacture, assembly, repair, or Superfund Amendments and storage of electrical and electronic Reauthorization Act of 1986; products, components, or equip - and ment). 9. If the applicant is subject to n. Warehousing and storage facilities, the requirements of Section 302 not to include Mini warehouses of the Superfund Amendments o. Manufacturing, processing, fabrica- and Reauthorization Act of tion, assembling, packaging or other 1986, the Emergency Manage- comparable treatment of goods or ment Director shall certify materials whether or not the applicant has 2. Conditional uses shall be limited to submitted a current inventory of the following: extremely hazardous sub- a. Day care center, within a primary stances kept or stored on the office/industrial building or as an ac- premises. If any such extremely cessory structure on the same lot. hazardous substances are kept Day care centers are subject to or stored on the premises, the state and local regulations. applicant shall also post in a 1. Indoor floor area (excluding conspicuous place on the prem- halls and bathrooms) must be ises a notice indicating a de- provided per child in areas occu- scription of the extremely haz- pied by cribs as per State Code; ardous substances, and the 2. Indoor floor area (excluding physical and health hazards halls and bathrooms) must be presented by such substances. provided per child in areas not 3. Accessory uses shall be limited to the occupied by cribs times the li- following: censed capacity as per State a. Retail outlets within a primary of- Code; fice/industrial building, selling prod- 3. Fenced outdoor recreation ucts produced on -site and only as space must be provided per accessory to the principal use. child using the space at a given b. Any use customarily incidental time as per State Code; and subordinate to the principal use 4. Such facility shall provide for it serves. the loading and unloading of 4. Temporary uses shall be limited to children so as not to obstruct the following: public streets or create traffic or Any use listed as a permitted use within safety hazards; the PUD District of a limited duration as 5. All licenses have been issued established in Section 3-19 Temporary or have been applied for await - Uses of the Unified Development Code. ing the outcome of the Board's Zone D: General Purpose and Description. decision; Zone D is intended to provide appropriate loca- 6. No group day care center may tions for heavy industrial uses. Exterior storage be located within the same is allowed, provided it is screened from view structure as any gas station, from public right-of-way. bar/tavern, automated gas sta- 1. Principal permitted uses shall be lim- tion or any facility selling, servic- ited to: ing, repairing, or renting vehi- a. Railroads and public or quasi -pub- cles; lic utilities 7. The parking group require- b. Corporate offices ments can be met; c. Mail order houses 8. The conditional use applicant Page 1185 of 2498 Book 153 ular Session, September 18, 2023 370 certifies that the premises on which the group day care center will be located complies with, and will for so long as the group day care center is so located, continue to comply with all local, state and federal regulations governing hazardous sub- stances, hazardous wastes, and hazardous materials, including, but not limited to Iowa Code chapter 455B (1 991); 42 U.S.C. Section 9601 of the Federal Comprehensive Environmental Response Compensation and Liability Act; 40 C.F.R. Section 3-2.4; and Section 302 of the Superfund Amendments and Reauthorization Act of 1986; and 9. If the applicant is subject to the requirements of Section 302 of the Superfund Amendments and Reauthorization Act of 1986, the Emergency Manage- ment Director shall certify whether or not the applicant has submitted a current inventory of extremely hazardous sub- stances kept or stored on the premises. If any such extremely hazardous substances are kept or stored on the premises, the applicant shall also post in a conspicuous place on the prem- ises a notice indicating a de- scription of the extremely haz- ardous substances, and the physical and health hazards presented by such substances. 3. Accessory uses shall be limited to the following: a. Retail outlets within a primary of- fice/industrial building, selling prod- ucts produced on -site and only as accessory to the principal use. b. Any use customarily incidental and subordinate to the principal use it serves. 4. Temporary uses shall be limited to the following: Any use listed as a permitted use within the PUD District of a limited duration as established in Section 3-19 Temporary Uses of the Unified Development Code. Zone E: General Purpose and Description. Zone is intended to provide a location for busi- nesses that require exterior handling or storage of materials or equipment. Exterior handling or storage is allowed, except along Seippel Road, where it is prohibited. 1. Principal permitted uses shall be limited to: a. Public or quasi -public utilities b. Corporate offices c. Mail-order houses. d. Printing and publishing e. Laboratories for research and en- gineering f. Moving/storage facilities g. Wholesale sales/distributor h. Freight transfer facilities. i. Fuel and ice dealers j. Cold storage/locker plants k. Packing and processing of meat, dairyorfood products, notto include stockyards or slaughter houses I. Compounding, processing and packaging of chemical products m. Manufacture, assembly, repair or storage of electrical and electronic products, components or equipment n. Warehousing and storage facili- ties, not to include mini -warehouses o. Manufacturing, processing, fabri- cation, assembling, packaging or other comparable treatment of goods or materials entirely within enclosed buildings p. Contractors shop/yard q. Recycling industries entirely within enclosed buildings with no outdoor storage r. Timber processing 2. Conditional uses reserved for future use. 3. Accessory uses shall be limited to the following: a. Retail outlets within a primary of- fice/industrial building, selling prod- ucts produced on -site and only as accessory to the principal use. b. Any use customarily incidental and subordinate to the principal use it serves. 4. Temporary uses shall be limited to the following: Any use listed as a permitted use within the PUD District of a limited duration as established in Section 3-19 Temporary Uses of the Unified Development Code. Zone O: General Purpose and Description. Zone O is intended to serve as an amenity to the industrial park, providing open space and control of storm water to protect downstream properties. 1. Principal permitted uses shall be lim- ited to: a. Railroads and public or quasi - public utilities b. Parks, nature areas, play- grounds, and similar recreational uses c. Picnic areas d. Recreational trails e. Club houses, shelter houses, ten- nis courts, or playground Page 1186 of 2498 Book 153 Regular Session, September 18, 2023 371 equipment, or other recreational conditioning (HVAC) equipment is lim- buildings and structures when asso- ited to 10 ft. above height limitation, ex- ciated with parks, nature areas, cept in Zone A where 30 ft. maximum playgrounds, recreational facilities height includes HVAC equipment. f. Construction of dams, reservoirs, d. Within required front, side, and rear or detention ponds setbacks, only driveways, fire lanes, 2. Conditional uses reserved for future railroad tracks, open space features, use. and primary and secondary signage are 3. Accessory uses shall be limited to the allowed. Parking lots may encroach up following: to 50% into a required front yard set- a. Any use customarily incidental or back. subordinate to the principle use it Parking and Loading Regulations serves. 1. All vehicle -related features, except 4. Temporary uses reserved for future for railroad tracks, shall be surfaced use. with either asphalt or concrete. c. Lot and Bulk Regulations. 2. All parking and loading spaces shall Development of land in Zones A, B, C, D, E be delineated on the surfacing material and O shall be regulated as follows: by painted strips or other permanent 1. All building structures and activities means. shall be located in conformance with 3. The number, size and design of park - the [provided] conceptual development ing spaces shall be governed by appli- plan and all final site development plans cable provisions of City of Dubuque shall be approved in accordance with Unified Development Code. provisions of the PUD District regula- 4. The number, size and design and lo- tions of this ordinance and of Section 5- cation of parking spaces designated for 24 PUD Planned Unit Development of persons with disabilities shall be ac- the Unified Development Code. cording to the local, state, or federal re- 2. All buildings related features in quirements in effect at the time of devel- Zones A, B, C, D, E and O shall be in opment. accordance with the following bulk reg- 5. The location and number of private ulations chart: driveway intersections with public Zone, Min. Lot area In Acres, Lot Frontage streets shall be reviewed and approved by the City Engineer. Access shall gen- erally be limited to internal streets. 6. No on -street maneuvering of delivery vehicles will be allowed on any street. Minimum, Front Yard Setback Min. Ft., Side Yard Setback Min. Ft., Rear Yard Set- back Min. Ft., Building Height Max. Ft. A, 1/2 acre, 100, 20, 10*, 20, 30 B, 2 acres, 100, 50, 10, 25, 50 Lots shall provide all necessary maneu- C, 2 acres, 100, 50, 25, 25, 75 vering space for delivery vehicles within D, 2 acres, 100, 50, 25, 50, 100 the boundaries of the lots. 7. All loading docks for shipping and re- E, 2 acres, 100, 50, 10, 25, 50 ceiving of raw and manufactured goods O, N/A, N/A, N/A, N/A, N/A, N/A shall be designed to provide for the di- *0-foot side yard setbacks from property rect movement of goods between the lines shall be permitted for attached buildings. delivery vehicle and the interior of the a. Lots smaller than minimum will be al- building. lowed if the parcel is consolidated or E. Sign Regulations combined with a larger lot. Substations 1. Applicability of Cit of Dubuque Ordi- for public and quasi -public utilities shall nances: The provisions of Section 15 be exempt from lot frontage and lot area Signs of the Unified Development Code requirements. shall apply unless further regulated by b. Maximum lot coverage shall be 80 this section. percent. All building and vehicle related 2. Off -Premise Signs: Off -premise signs features shall be considered when cal- shall be prohibited. culating total land area coverage, ex- 3. On -Premise Signs: On -premise signs cept fire lanes and railroad tracks. shall be erected or constructed in ac- c. Maximum building height shall be as cordance with the following regulations. stipulated in the bulk regulations chart a. Allowable content: signs, mes- above, except the following may ex- sages and graphics shall be limited to ceed the height limit: cooling towers, the following contents: condensers, elevator bulkheads, stacks 1). Industrial Center signs: limited and other necessary mechanical equip- to identification of Dubuque Indus- ment and their protective housing. trial Center West Heating, ventilating, and air 0 Entrance signs Page 1187 of 2498 Book 153 Regular Session, September 18, 2023 372 • Directory signs 2). Company primary signs: limited to identification of uses in Zones B, C, D and E • Identification of company name • Identification of company products or services by ge- neric name only • Graphic symbol or logo iden- tified with the company 3). Commercial primary signs: limited to identification of uses in Zone A • Identification of business name • Identification of business products or services by ge- neric names only • Graphic symbol or logo iden- tified with the business 4). Secondary signs: allowable in all zones • Street address • Directional messages nec- essary for the safe and effi- cient flow of vehicular and pedestrian traffic on the lot • Identification of visitor en- trances to the building, ship- ping, and receiving docks and other delivery points • Identification of assigned parking spaces and parking spaces accessible to per- sons with disabilities • Temporary announcements of pending or new construc- tion • Commemorative messages b. Schedule of sign regulations: allowa- ble structural type, size, number, and height shall be limited to the following requirements. Type of Sign, Max. Size, Max. Number, Allow- able Structure Type, Max. Height* Industrial Center Entrance Signs, 200 sq. ft. per sign face, Six (6) signs, Monument, 12 ft. Industrial Center Directory Signs, 30 sq. ft. per sign face, Three (3) signs, Monument, 8 ft. Company Primary Signs, 10% of building wall sign is mounted on or 400 total sq. ft. of sign area, whichever is less., 2 signs per street frontage per business, Wall mounted, Below eave or parapet 150 sq. ft. per sign face, 1 sign per business restricted to interior street frontages only, Mon- ument, 10 ft. Commercial Primary Signs, 100 sq. ft. per sign face, 2 signs per business provided only 1 sign may be a monument -style sign, Wall mounted, Below eave or parapet Commercial Primary Signs, 100 sq. ft. per sign face, 2 signs per business provided only 1 sign may be a monument -style sign, Monument, 10 ft. Secondary Signs, 6 sq. ft. per sign face, No max. number, Wall mounted, Below eave or parapet Secondary Signs, 6 sq. ft. per sign face, No max. number, Monument, 6 ft. *The height of monument -style signs shall be measured from average grade to top of sign structures. c. Variances: Variances from sign re- quirements for size, number and height may be requested. Such variances shall be reviewed by the Zoning Board of Adjustment in accordance with Sec- tion 86 Variance Procedure of the Uni- fied Development Code. d. Lighting: Signs may be illuminated only by means of indirect lighting, whereby all light sources and devices are shielded from view by opaque or translucent materials, or internally illu- minated by means of a light source completely enclosed by the sign panel. e. Motion: No signs may include any de- vice or means, mechanical, electrical, or natural, which shall cause any mo- tion of the sign panel or any part thereof. No flashing lights or changing colors shall be allowed. f. Exterior Storage Regulations: Exterior storage shall be in accordance with the following regulations: Zone, Allowable Products Stored, Allowable Location, , Allowable Screening Materials, Min. Opacity, Max. Height of Screening A, PROHIBITED B, PROHIBITED C, Finished Goods, Rear or side yards, Syn- thetic materials, wood, masonry, brick or stone similar to building color, 50%, 10 ft. D, Raw or finished goods; equipment, Rear or side yards, , Similar to building color, 50%, 12 ft. Raw of finished goods; equipment, Rear or side yards, , Similar to building color, 100%, 15 ft. O, PROHIBITED *Exterior storage is prohibited on lots front- ing Seippel Road. 1. Exterior storage of materials, which could be blown into the air or strewn about by the wind, shall be prohibited. 2. Exterior storage, where allowed, shall not encroach into a front yard. A front yard may exceed the required front yard setback. 3. The ground area coverage of exterior Page 1188 of 2498 Book 153 Regular Session, September 18, 2023 373 storage areas shall be the area con- may exceed the required front yard set- tained inside the required screening. back. This area shall be considered to be a 5. All exterior trash collection areas and building -related feature for purposes of the materials contained therein shall be calculating total land area coverages. screened from view from the adjacent 4. Exterior storage (where allowed) public right-of-way. must be screened from view from adja- 6. The screening shall be a completely cent public right-of-way. In Zone C, ex- opaque fence, wall or other feature not terior storage must be screened from exceeding a height of 10 ft. measured both the public right-of-way and sur- from the ground level outside the line of rounding privately owned property. the screen. Screens built on sloping 5. The screening height shall be meas- grades shall be stepped so that their top ured from the ground level outside the line shall be horizontal. line of the screen. Screens built on slop- 7. Exposed materials used to construct ing grades shall be stepped so that their the opaque screen shall be similar in top line shall be horizontal. appearance to materials used for exte- 6. Required screening is intended to rior building walls. All exterior entrances buffer surrounding property from the to a screened trash area shall be pro - negative visual impact created by the vided with a gate or door of similar de - storage of raw or finished goods, mate- sign to that of the screen. rials and equipment that can adversely 8. If a 10-foot-high screen fails to shield impact the value of adjacent property. the exterior trash collection area from 7. The City Planner may grant a waiver view from the adjacent public right -of - for screening to exceed the maximum way, evergreen plantings may be re - height allowed, when topography or quired in addition to the screening. Ev- height of individual finished products or ergreen plant materials shall be se - equipment could make it impossible to lected and designed so that they will completely screen a storage area from screen the area from the adjacent pub - every vantage point. The City Planner lic right-of-way within five (5) years. may not grant waiver in maximum H. Landscaping Regulations screening height for raw materials or The following Landscape Regulations shall stacked goods. apply to each lot: 8. All exterior entrances to a screened 1. Plant Materials: The open space area storage area shall be provided with a of each lot shall be planted with perma- gate or door of similar design to that of nent lawn and ground covers, shrubs, the screen. and trees. It is the intent of these regu- 9. Long-term storage of products or ma- lations that the development of required terials in semi -trailers or shipping con- open spaces shall reflect a high quality tainers is prohibited. of environmental design. G. Exterior Trash Collection Area Require- 2. Landscaping: The following is the ments minimum requirement of trees and 1. Exterior trash collection areas shall shrubs, by number and size, and the include collection bins, dumpsters, and type of ground cover required. Street similar waste receptacles for the short- trees planted in public street right -of - term storage and collection of trash. way shall not be counted toward fulfill - Trash shall include garbage, scrap, re- ment of the minimum site requirements cyclables, debris, and similar materials. set forth below. Plant species to be 2. The storage of trash shall be limited used for landscaping shall be in accord - to that produced by the principal permit- ance with the City of Dubuque street ted use and accessory uses of the lot. tree policy. Existing trees and shrubs to Exterior storage of trash, which could be retained on site may be counted to - be blown into the air or strewn about by ward fulfillment of the landscaping re - the wind, shall be prohibited. quirements. 3. The ground area coverage of exterior a. Minimum tree planting require - trash collection areas shall be the area ments for any new development in the contained inside the required screen- Dubuque Industrial Center West shall ing. This area shall be considered a be one (1) tree of the following size building -related feature for purposes of per 1,600 square ft. of required open calculating total land area coverages. space: 40% minimum: 2-2 1/2" caliper 4. Exterior trash collection areas shall diameter deciduous and/or 8-foot be located in rear or side yards only. Ex- height or greater evergreen. Balance: terior trash collection areas shall not en- 1 1/2 - 2" caliper diameter deciduous croach into a front yard. A front yard and/or 6-foot height evergreen. Page 1189 of 2498 Book 153 Regular Session, September 18, 2023 374 b. Minimum shrub requirements at the I. Performance Standards. time of planting for any development The development and maintenance of uses in the PUD District, shall be 6 shrubs, in this PUD District shall be established in or 1 shrub per 1 ,000 square ft. of re- conformance with the following standards: quired open space, whichever is 1. Site Lighting: exterior illumination of greater. Shrubs shall be a minimum of site features and location and design of 18" height or minimum of one (1) gal- site lighting shall be in accordance with Ion potted. the following requirements: 3. Landscape berms and/or plantings a. Exterior Illumination of site features shall be required as screening for park- shall be limited to the illumination of ing areas adjacent to public streets and the following: shall be a minimum of three (3) ft. in . Parking areas, driveways and height and can utilize natural grade loading facilities changes to achieve the required 50% . Pedestrian walkway surfaces and opacity landscaping screen. Parking lot entrances to building screening is in addition to required land- . Screened storage areas scaping of open space areas. . Building exterior 4. Trees shall be provided in all parking b. Location and design of site lighting lot islands, which are of sufficient size shall be in accordance with the follow - to ensure the growth and survival of the ing requirements: trees. Trees planted in parking lot is- . All exterior lighting shall be de - lands may be counted toward the mini- signed, installed and maintained mum tree planting requirements. so as not to cause glare or to 5. The developer of any lot fronting shine in adjacent lots and streets. Seippel Road and/or Chavanelle Road . No light source shall provide illu- shall participate in the planting trees mination onto adjacent lots, build - compatible in species and spacing with ings or streets in excess of 1 .0- tree plantings, which have previously foot candle. been completed by the City along said 0 All exterior lighting luminaries streets. shall be designed and installed to 6. The installation of required planting shield light from the luminaire at materials may be phased in direct pro- angles above 72 degrees from portion to the phasing of building con- vertical. struction. Required landscaping shall Fixtures mounted on a building be installed by the date the Building shall not be positioned higher than Services Department issues an occu- the roofline of the building. pancy certificate, or if winter weather utility type poles are ac- prevents planting, within six months of ceptaWooden only for temporary use being issued an occupancy certificate. during construction. d during construction. 7. To reduce erosion, all disturbed open All electrical service lines to posts space areas shall have ground cover of and fixtures shall underground grass or native vegetation, which is in- and concealed inside the posts. stalled as sod, or seeded, fertilized, and 2. Utility Locations: Service lines and mulched. 8. The lot owner is required to replant mechanical equipment for utilities shall any and all plant materials, which have be located in accordance with the fol- died due to any cause during the effec- to lowing requirements. tive period of this PUD Ordinance. a. Service Lines: All electrical, tele- 9. Adetailed landscape plan shall be re- phone cable and other similar utility quired as part of submittal for final site lines serving the building and other development plan approval. site features shall be located under- 10. The area between the public street ground. and the right-of-way line shall be b. Mechanical Equipment: All ground - planted with grass and maintained by mounted electrical transformers, the lot owner. switching gear, relay boxes, meters, 11. Industrial Center landsca in Com- p g air conditioning units, heat pumps and mon areas and streetscapes of the other similar mechanical equipment PUD District shall be in accordance with shall be screened from view. Screen - the landscape plan, a copy of which is ing may consist of plantings or ma - [provided] and made a part of this PUD sorry walls. Plantings shall achieve ordinance. 50 opacity after three (3) growing /o seasons and a masonry wall shall ap- pear to be an integral part of the Page 1190 of 2498 Book 153 Regular Session, September 18, 2023 375 building's overall architectural design. maintained as open space by the property 3. Site Plans: Final site development owner and/or association. The recreational plans shall be submitted in accordance trail shall be maintained by the property with Section 12 Site Plans of the Unified owner and/or association. Development Code prior to construction K. Ordinance History - 1. Ord. 6-23: Re - of each building and vehicle -related scinding Ord. No. 32-18, and allowing child - feature unless otherwise exempted by care centers, early learning centers, gen- Section 12 Site Plans. eral offices, data centers, and emergency 4. Storm Water Conveyance: The de- call centers within Zone B of the Dubuque veloper of each lot shall be responsible Industrial Center West PUD Planned Unit for providing surface or subsurface con- Development district with a PI Planned In- veyance(s) of storm water from the lot dustrial Designation. to existing storm sewers or to flow line 2. Ord. 32-18: Rescinding Ord. No. 83- of open drainage ways outside the lot in 04, No. 07-02, and No. 14-98 and re - a means that is satisfactory to the Pub- zoning an approximately 124-acres of lic Works Department of the City of property from Agricultural District and Dubuque. Other applicable regulations approximately 36-acres of property enforced by the City of Dubuque rela- from PI Planned Industrial to the regu- tive to storm water management and lations of the Dubuque Industrial Center drainage shall apply to properties in the West Planned Unit Development with a PUD District. PI Planned Industrial designation. 5. Plating: The conceptual development 3. Ord. 83-04: Amending Ord. No. 14- plan shall serve as the preliminary plat 98 and No. 07-02 by reclassifying here - for this PUD District. Subdivision plats inafter described property located east and improvement plans shall be submit- of Seippel Road and south of Middle ted in accordance with Chapter 11 Land Road from Agricultural District to PUD Division of the City of Dubuque Unified Planned Unit Development with a PI Development Code. Planned Industrial designation and 6. Noises: Noises generated within the adopting a conceptual development PUD District shall be regulated by plan. Chapter 33, Article IV Noises, of the 4. Ord. 07-02: Reclassifying an approx- City of Dubuque Code of Ordinances. imately 25-acre property located east of 7. Street Lighting: Streetlights shall be Seippel Road and North of the county installed in accordance with City of farm from Agricultural designation to Dubuque standards. PUD Planned Unit Development District 8. Flood Plain Regulations: The area of with a PI Planned Industrial designation the PUD District that lies within the flood and adopting an amended conceptual plain of Catfish Creek shall be subject development plan, with conditions, for to the regulations of Section 6-4 Flood the Dubuque Industrial Center West. Hazard Overlay Districts of the Unified 5.Ord. 14-98: Reclassifying property lo- Development Code. cated east and west of Seippel Road 9. Phased construction of Buildings and and north of the county farm from Agri - Parking Spaces: The construction of cultural designation to PUD Planned off-street parking spaces may be Unit Development with a PI Planned In - phased in proportion to the percentage dustrial designation. of total building floor area constructed L. Transfer of Ownership - Transfer of own - at any one time. Ground area set aside ership or lease of property in this PUD Dis- for future parking, loading spaces or trict shall include in the transfer or lease driveways or for parking provided in ex- agreement a provision that the purchaser cess of the minimum required number or lessee acknowledges awareness of the of parking spaces shall not reduce the conditions authorizing the establishment of minimum required area for open space. the district. 10. Other Codes and Regulations: M. Modifications - Any modifications of this These regulations do not relieve an Ordinance must be approved by the City owner from other applicable City, Council in accordance with zoning reclassi- County, State and Federal codes, regu- fication proceedings of Section 9 of the Uni- lations, laws and other controls relative fied Development Code. to the planning, construction, operation N. Recording - A copy of this ordinance and management of property in the shall be recorded at the expense of the PUD District. property owner(s) with the Dubuque J. Open Space and Recreational Areas- County Recorder as a permanent record of Those areas not designated on the concep- the conditions accepted as part of this re- tual development plan as "open" shall be classification approval within thirty (30) Page 1191 of 2498 Book 153 Regular Session, September 18, 2023 376 days after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and his/her heirs, successors, and assigns. Section 4. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Iowa. Section 5. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved, and adopted this 18th day of September, 2023. Brad M. Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk 8. Unified Development Code Text Amend- ment Request and the Zoning Advisory Com- mission Recommending Approval: Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Wethal. Planning Services Director Wally Wer- nimont provided a staff report and answered questions from the council. Emily Sewell, 900 Jackson St. spoke in favor of the request. Mo- tion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 44-23 Amending Ti- tle 16 of the City of Dubuque Code of Ordi- nances, Unified Development Code, by Amending Articles 16-5-13 C-3 General Com- mercial, by Adding Drive- Up Automated Bank Teller to the List of Permitted Uses and by Amending Articles 16-5-14 C-4 Downtown Commercial, by Adding Drive -Up Automated Bank Teller to the List of Conditional Uses and by Amending Article 16-8-5-10, by Modifying the Drive -Up Automated Bank Teller Condition and by Amending Chapters 16-15-11-8 (C-3), 16-15-11-9 (C-4), 16-15-11-12 (CR) and 16- 15-11-14 (LI,HI, And MHI), to Add Drive -Up Au- tomated Bank Teller Signage Standards Se- conded by Wethal. Motion carried 7-0. ORDINANCE NO. 44-23 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY AMEND- ING ARTICLES 16-5-13 C-3 GENERAL COM- MERCIAL, BY ADDING DRIVE -UP AUTO- MATED BANK TELLER TO THE LIST OF PERMITTED USES AND BY AMENDING AR- TICLES 16-5-14 C-4 DOWNTOWN COMMER- CIAL, BY ADDING DRIVE -UP AUTOMATED BANK TELLER TO THE LIST OF CONDI- TIONAL USES AND BY AMENDING ARTI- CLE 16-8-5-10, BY MODIFYING THE DRIVE - UP AUTOMATED BANK TELLER CONDI- TION AND BY AMENDING CHAPTERS 16- 15-11-8 (C-3), 16-15-11-9 (C-4), 16-15-11-12 (CR) AND 16-15-11-14 (LI,HI, AND MHI), TO ADD DRIVE -UP AUTOMATED BANK TELLER SIGNAGE STANDARDS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubu- que Code of Ordinances, Unified Development Code Chapters 16-5-13 (C-3) and 16-5-14 (C- 4) are hereby amended as follows: 16-5-13-1 Principal Permitted Uses Drive -Up Automated Bank Teller 16-5-14-2 Conditional Uses Drive -Up Automated Bank Teller Section 2. That Title 16 of the City of Dubu- que Code of Ordinances, Unified Development Code Chapter 16-5-10: List of Conditional Uses is hereby amended as follows: 16-8-5-10 List of Conditional Uses Drive p jten,a;te.t honk teller n driveup automated bank telleF may be allowed n the CR .dram in nrd;;nne w0th the n-e-n di ns established b3 the zoning beard of adjustment. Drive -up automated bank teller. A drive -up automated bank teller may be allowed in the C-4 and CR districts in accordance with the conditions: 1. Opaque screening shall be pro- vided to screen the use from adja- cent residential uses in conformance with the landscaping requirements of chapter 13 of this title. Section 3. That Title 16 of the City of Dubu- que Code of Ordinances, Unified Development Code Chapters 16-15-11-8 (C-3), 16-15-11-9 (C-4), 16-15-11-12 (CR) and 16-15-11-14 (LI, HI, and MHI) are hereby amended as follows: 16-15-11-8: C-3 GENERAL COMMER- CIAL DISTRICT On Premises Signs, Permitted Sign Structures, Max. Permitted Lighting Type, Max. Permitted Motion, Max. Area (Square Ft.), Max. Number, Max. Protection Over Right Of Way, Max. Height Drive -up Automated Bank Teller (Standalone), Freestanding, 75 per sign, 1 per premises, 0, 20, No flashing, None 16-15-11-9: C-4 DOWNTOWN COMMER- CIAL DISTRICT: On Premises Signs, Permitted Sign Structures, Max. Permitted Lighting Type, Max. Permitted Motion, Max. Area (Sq. Ft.), Max. Number, Max. Projection Over Right Of Way, Max. Height Drive -up Automated Bank Teller (Standalone), Freestanding, 75 per sign, 1 per premises, 0, 20, No flashing, None 16-15-11-12: COMMERCIAL RECREA- TION DISTRICT: On Premises Signs, Permitted Sign Structures, Max- imum, Permitted Lighting Type, Permitted Motion, Area (Square Ft.), Number, Projection Over Right Of Way, Height Page 1192 of 2498 Book 153 Regular Session, September 18, 2023 377 Drive -up Automated Bank Teller (Standalone), Freestanding, 75 per sign, 1 per premises, 0, 20, No flashing, None 16-15-11-14: LI, HI, AND MHI INDUS- TRIAL DISTRICTS: On Premises Signs, Permitted Sign Structures, Maximum, Permitted Lighting Type, Permitted Motion, Area (Square Ft.), Number, Projection Over Right Of Way, Height Drive -up Automated Bank Teller (Standalone), Freestanding, 75 per sign, 1 per premises, 0, 20, No flashing, None Section 4. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Iowa. Section 5. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved, and adopted this 18th day of September 2023. /s/Brad M. Cavanagh, Mayor Attest:/s/Trish L. Gleason, Assistant City Clerk Published officially in the Telegraph Herald newspaper on the 21 st day of July 2023. /s/Adrienne N. Breitfelder, City Clerk 9. Community Development Block Grant FY24 Annual Action Plan Amendment No. 1 as reviewed by the Community Development Ad- visory Commission at their meetings on August 16, 2023, and September 6, 2023. Motion by Wethal to receive and file the documents and adopt Resolution No. 314-23 Adopting the Fis- cal Year 2024 (Program Year 2023) Commu- nity Development Block Grant (CDBG) Annual Action Plan Amendment #1. Seconded by Far- ber. Housing and Community Development Di- rector Alexis Steger answered questions from the council. Motion carried 7-0. RESOLUTION NO. 314-23 ADOPTING THE FISCAL YEAR 2024 (PRO- GRAM YEAR 2023) COMMUNITY DEVELOP- MENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN AMENDMENT #1 Whereas, the City of Dubuque, through a series of public meetings and hearings, pro- posed a Fiscal Year 2024 (Program Year 2023) Community Development Block Grant Annual Action Plan for inclusion in the City Budget ad- dressing housing and non -housing needs in the community; and Whereas, the Community Development Advisory Commission reviewed the first amendment to the Fiscal Year 2024 (Program Year 2023) Community Development Block Grant Annual Action Plan; and Whereas, all services provided will be to a minimum of 51 % low/moderate income resi- dents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Community Develop- ment Block Grant Fiscal Year 2024 (Program Year 2023) Annual Action Plan Amendment #1, [provided] hereto and by this reference made a part hereof, is hereby approved. Section 2. The City Manager or his de- signee of the City of Dubuque is hereby author- ized to directed staff to prepare and submit to the United States Department of Housing and Urban Development the Fiscal Year 2024 (Pro- gram Year 2023) Annual Action Plan Amend- ment #1 with all related documents, for the use of Community Development Block Grant funds based on this adopted budget and execute standard contracts and agreements. Passed, approved, and adopted this 181h day of September 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 10. Dubuque Racing Association Lease, Improvement Projects — Lot 1 of Chaplain Schmitt Island, Requesting Consent of City to Improvements, Leasehold Mortgage, & Subor- dination Agreement: Motion by Jones to re- ceive and file the documents and adopt Reso- lution No. 315-23 Disposing of an Interest in Real Property by Lease Agreement with Dubu- que Racing Association, LTD., and Approving a Leasehold Mortgage and Subordination Agreement Between Dubuque Racing Associ- ation, LTD and MidWestOne Bank. Seconded by Wethal. Council Member Farber recused herself from this item due to her relationship with MidWestOne and exited the council cham- bers. Alex Dixon President and CEO of the Q Casino and DRA thanked the council and staff for all the time and hard work that went into es- tablishing this partnership and agreement. The Mayor and council acknowledge this momen- tous occasion. Motion carried 6-0. Farber re- turned to the council chambers. RESOLUTION NO. 315-23 DISPOSING OF AN INTEREST IN REAL PROPERTY BY LEASE AGREEMENT WITH DUBUQUE RACING ASSOCIATION, LTD. AND APPROVING A LEASEHOLD MORT- GAGE AND SUBORDINATION AGREE- MENT BETWEEN DUBUQUE RACING AS- SOCIATION, LTD AND MIDWESTONE BANK Whereas, the City Council, by Resolution No. 300 - 23, dated September 11, 2023, de- clared its intent to dispose of City interest in real property legally described as: Lot 1 of Chaplain Schmitt Island in the City of Dubuque, Iowa, according to the Plat recorded as Instrument #2023- 7679, records of Dubuque County, Iowa. (the Property); and Whereas, pursuant to published notice, a public hearing was held on the proposed dis- position on September 18, 2023 at 6:30 p.m. in Page 1193 of 2498 Book 153 Regular Session, September 18, 2023 378 the Historic Federal Building, 350 W. 6m Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council that approval of the Agreement with Dubuque Racing Association, Ltd. according to the terms and conditions set out in the Amended and Restated Lease Agreement is in the public interest of the City of Dubuque. Whereas, it is the determination of the City Council that consent for a construction project in excess of $100,000 is in the public interest of the City of Dubuque; and Whereas, it is the determination of the City Council that consent to Dubuque Racing Asso- ciation's financing of the improvement project with MidWestOne Bank, which requires City consent to a Leasehold Mortgage is in the pub- lic interest of the City of Dubuque; and Whereas, it is the determination of the City Council that subordination of Dubuque Racing Association's lease obligations to the City in fa- vor of MidWestOne Bank pursuant to a Subor- dination Agreement and City consent to the subordination is in the public interest of the City of Dubuque; and Whereas, the City Council of City believes it is in the best interests of City to approve the Lease Agreement with Dubuque Racing Asso- ciation, Ltd., to consent to the improvements, to consent to a Leasehold Mortgage, and to consent to the Subordination Agreement in fa- vor or MidWestOne Bank. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council disposes of City's interest in the foregoing -described real property pursuant to the Amended and Re- stated Lease Agreement, consents to improve- ments by Dubuque Racing Association Ltd., consents to a Leasehold Mortgage, and con- sents to the Subordination Agreement in favor of MidWestOne Bank. Section 2. The Mayor and Assistant City Clerk are hereby authorized and directed to ex- ecute the Amended and Restated Lease Agreement, Leasehold Mortgage, and Subor- dination Agreement. Section 3. The Assistant City Clerk is hereby authorized and directed to cause said Amended and Restate Lease Agreement, Leasehold Mortgage, and Subordination Agreement to be delivered to the City Attor- ney's Office, together with a certified copy of the Resolution. Passed, approved, and adopted this 18th day of September, 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 11. Lease Agreement — Amphitheater, Lot 2 & 3: Motion by Roussell to receive and file the documents and adopt Resolution No. 316-23 Disposing of City Interest in Real Property Le- gally Described as Lots 2 and 3 of Chaplain Schmitt Island in the City of Dubuque, Iowa Ac- cording to the Plat Recorded as Instrument #2023-7679, Records of Dubuque County, Iowa by Lease with Dubuque Racing Associa- tion, LTD. Seconded by Sprank. Alex Dixon President and CEO of the Q Casino and DRA thanked Leisure Services Director Marie Ware for all her hard work to see this agreement to fruition and the city for their continued support. Motion carried 7-0. RESOLUTION NO. 316 - 23 DISPOSING OF CITY INTEREST IN REAL PROPERTY LEGALLY DESCRIBED AS LOTS 2 AND 3 OF CHAPLAIN SCHMITT IS- LAND IN THE CITY OF DUBUQUE, IOWA ACCORDING TO THE PLAT RECORDED AS INSTRUMENT #2023-7679, RECORDS OF DUBUQUE COUNTY, IOWA BY LEASE WITH DUBUQUE RACING ASSOCIATION, LTD. Whereas, the City Council, by Resolution No. 316 - 23, dated September 11, 2023, de- clared its intent to dispose of City interest in real property legally described as: Lots 2 and 3 of Chaplain Schmitt Island in the City of Dubuque, Iowa, according to the Plat recorded as Instrument #2023-7679, records of Dubuque County, Iowa. (the Property); and Whereas, pursuant to published notice, a public hearing was held on the proposed dis- position on September 18, 2023 at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council that approval of the Lease Agreement with Dubuque Racing Association, Ltd. accord- ing to the terms and conditions set out in the Lease 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. The Lease Agreement by and between the City of Dubuque and Dubuque Racing Association, Ltd. for the lease of the Property, a copy [provided] hereto, is hereby approved. Section 2. The Mayor and Assistant City Clerk are hereby authorized and directed to ex- ecute the Lease Agreement. Section 3. That the Assistant City Clerk is hereby authorized and directed to cause said Lease Agreement to be delivered to the City At- torney's Office, together with a certified copy of the Resolution. Passed, approved, and adopted this 18th day of September, 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk Page 1194 of 2498 Book 153 Regular Session, September 18, 2023 379 12. Issuance of Not to Exceed $1,000,000, Sewer Revenue Capital Loan Notes (Interim Financing) State Revolving Funds, Planning and Design Loan Applications: Motion by Wethal to receive and file the documents and adopt Resolution No. 317-23 Taking Additional Action with Respect to a Sewer Revenue Loan and Disbursement Agreement and Authorizing, Approving and Securing the Payment of a $1,000,000 Sewer Revenue Loan and Dis- bursement Agreement Anticipation Project Note (IFA Interim Loan and Disbursement Agreement) (Lift Stations) Seconded by Sprank. Motion carried 7-0. RESOLUTION NO. 317-23 RESOLUTION TAKING ADDITIONAL AC- TION WITH RESPECT TO A SEWER REVE- NUE LOAN AND DISBURSEMENT AGREE- MENT AND AUTHORIZING, APPROVING AND SECURING THE PAYMENT OF A $1,000,000 SEWER REVENUE LOAN AND DISBURSEMENT AGREEMENT ANTICIPA- TION PROJECT NOTE (IFA INTERIM LOAN AND DISBURSEMENT AGREEMENT) (LIFT STATIONS) Whereas, the City of Dubuque (the "City"), in Dubuque County, State of Iowa, did hereto- fore establish a Municipal Sanitary Sewer Sys- tem (the "Utility") in and for the City which has continuously supplied sanitary sewer service in and to the City and its inhabitants since its es- tablishment; and Whereas, the management and control of the Utility are vested in the City Council, (the "Council'), and no board of trustees exists for this purpose; and Whereas, the City has heretofore proposed to borrow money and enter into a Sewer Reve- nue Loan and Disbursement Agreement (the "Loan and Disbursement Agreement") with the Iowa Finance Authority (the "Lender") and to is- sue in accordance therewith Sewer Revenue Bonds (the "Bonds") in a principal amount not to exceed $1,000,000 a purpose of paying the cost, to that extent, of planning, designing and constructing improvements and extensions to the Utility (the "Project'), and has published no- tice of the proposed action and has held a hear- ing thereon on September 18, 2023; and Whereas, it is necessary at this time to au- thorize and approve the issuance of a $1,000,000 Sewer Revenue Loan and Dis- bursement Agreement Anticipation Project Note (IFA Interim Loan and Disbursement Agreement) (the "Project Note") pursuant to the provisions of Section 76.13 of the Code of Iowa in anticipation of the receipt of and payable from the proceeds of the Loan and Disburse- ment Agreement (the "Loan Proceeds") in or- der to pay authorized costs in connection with planning and designing the Project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The City Council hereby cove- nants for the benefit of the Lender and all who may at any time be the holder of the Project Note to enter into the Loan and Disbursement Agreement and to issue and deliver the Bonds prior to the Maturity Date, as defined in the Pro- ject Note, and declares that this resolution con- stitutes the "additional action" required by Sec- tion 384.24A of the Code of Iowa. The Bonds are hereby ordered to be issued at such time as the City enters into the Loan and Disburse- ment Agreement. Section 2. The Project Note in the principal amount of $1,000,000 is hereby authorized to be issued to the Lender. The Project Note shall be dated as of the date of closing, shall mature on the Maturity Date as defined in the Project Note, and shall bear interest at the rate of 0% per annum. The Project Note shall be executed on be- half of the City with the official manual or fac- simile signature of the Mayor and attested with the official manual or facsimile signature of the City Clerk and shall be a fully registered instru- ment without interest coupons. In case any of- ficer whose signature or the facsimile of whose signature appears on the Project Note shall cease to be such officer before the delivery of the Project Note, such signature or such fac- simile signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. The City Clerk is hereby designated as the Registrar and Paying Agent for the Project Note and may be hereinafter referred to as the "Registrar" or the "Paying Agent." The City reserves the right to prepay princi- pal of the Project Note in whole or in part on any date prior to the Maturity Date, as defined in the Project Note, at a prepayment price equal to the principal amount thereof prepaid. The Project Note shall be fully registered as to both principal and interest in the name of the owner in the records of the City kept for such purpose, after which no transfer shall be valid unless made on said records by the City Clerk, and then only upon a written instrument of transfer satisfactory to the City, duly executed by the registered owner or the duly authorized attorney for such registered owner. The City shall maintain as confidential the record of identity of owners of the Project Note, as provided by Section 22.7 of the Code of Iowa. Section 3. The Project Note shall be in sub- stantially the [provided] form: Section 4. The Project Note shall be exe- cuted as herein provided as soon after the adoption of this resolution as may be possible and thereupon shall be delivered to the Page 1195 of 2498 Book 153 Regular Session, September 18, 2023 380 Registrar for registration and delivery to the Lender, upon receipt of the Project Note pro- ceeds. Section 5. The Loan Proceeds are hereby appropriated to the payment of the Project Note and may also be appropriated to the pay- ment of other obligations issued to pay costs of the Project, but only to the extent that full pro- vision has been made for the payment of prin- cipal of the Project Note. At its sole discretion, the City Council may appropriate to the payment of the Project Note proceeds to be received from state or federal grants and/or income or revenues from sources to be received and expended for the Project during the period of Project construc- tion. The Project Note is a limited obligation of the City payable solely and only from the Loan Proceeds and shall not constitute a general ob- ligation of the City, nor shall it be payable in any manner by taxation, and under no circum- stances shall the City be in any manner liable by reason of the failure of the Loan Proceeds to be sufficient for the payment in whole or in part of the Project Note. Section 6. Upon a breach or default of a term of the Project Note or any Parity Obliga- tions and this resolution, a proceeding may be brought in law or in equity by suit, action, or mandamus to enforce and compel perfor- mance of the duties required under the terms of this resolution and Section 76.13 of the Code of Iowa. Section 7. The City reserves the right to is- sue additional obligations (the "Parity Obliga- tions") payable from the Loan Proceeds, and ranking on a parity with, the Project Note. The Project Note or any Parity Obligations shall not be entitled to priority or preference one over the other in the application of the Loan Proceeds regardless of the time or times of the issuance of such Project Note or Parity Obligations, it be- ing the intention of the City that there shall be no priority among the Project Note or Parity Obligations, regardless of the fact that they may have been actually issued and delivered at different times. Section 8. The provisions of this resolution shall constitute a covariation, tween the City and the owners of the Project Note and Parity Obligations as may from time to time be out- standing, and after the issuance of the Project Note, no change, variation or alteration of any kind of the provisions of this resolution shall be made without prior consent of the Lender which will adversely affect the owners of the Project Note or Parity Obligations until the Project Note and Parity Obligations and the interest thereon shall have been paid in full. Section 9. If any section, paragraph, clause, or provision of this resolution shall be held invalid, the invalidity of such section, paragraph, clause, or provision shall not affect any of the remaining provisions of this resolu- tion. Section 10. All resolutions and orders or parts thereof in conflict with the provisions of this resolution are, to the extent of such con- flict, hereby repealed. Section 11. This resolution shall be in full force and effect immediately upon its adoption and approval, as provided by law. Passed and approved September 18, 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 13. Issuance of Not to Exceed $430,000, Sewer Revenue Capital Loan Notes (Interim Financing) State Revolving Funds, Planning and Design Loan Applications: Motion by Far- ber to receive and file the documents and adopt Resolution No. 318-23 Taking Additional Action with Respect to a Sewer Revenue Loan and Disbursement Agreement and Authorizing, Approving, and Securing the Payment of a $430,000 Sewer Revenue Loan and Disburse- ment Agreement Anticipation Project Note (IFA Interim Loan and Disbursement Agreement) (Grove). Seconded by Sprank. Motion carried 7-0. RESOLUTION NO. 318-23 TAKING ADDITIONAL ACTION WITH RE- SPECT TO A SEWER REVENUE LOAN AND DISBURSEMENT AGREEMENT AND AU- THORIZING, APPROVING AND SECURING THE PAYMENT OF A $430,000 SEWER REV- ENUE LOAN AND DISBURSEMENT AGREE- MENT ANTICIPATION PROJECT NOTE (IFA INTERIM LOAN AND DISBURSEMENT AGREEMENT) (GROVE) Whereas, the City of Dubuque (the "City"), in Dubuque County, State of Iowa, did hereto- fore establish a Municipal Sanitary Sewer Sys- tem (the "Utility") in and for the City which has continuously supplied sanitary sewer service in and to the City and its inhabitants since its es- tablishment; and Whereas, the management and control of the Utility are vested in the City Council, (the "Council'), and no board of trustees exists for this purpose; and Whereas, the City has heretofore proposed to borrow money and enter into a Sewer Reve- nue Loan and Disbursement Agreement (the "Loan and Disbursement Agreement") with the Iowa Finance Authority (the "Lender") and to is- sue in accordance therewith Sewer Revenue Bonds (the "Bonds") in a principal amount not to exceed $430,000 a purpose of paying the cost, to that extent, of planning, designing and constructing improvements and extensions to the Utility (the "Project'), and has published no- tice of the proposed action and has held a Page 1196 of 2498 Book 153 Regular Session, September 18, 2023 381 hearing thereon on September 18, 2023; and Whereas, it is necessary at this time to au- thorize and approve the issuance of a $430,000 Sewer Revenue Loan and Disburse- ment Agreement Anticipation Project Note (IFA Interim Loan and Disbursement Agreement) (the "Project Note") pursuant to the provisions of Section 76.13 of the Code of Iowa in antici- pation of the receipt of and payable from the proceeds of the Loan and Disbursement Agreement (the "Loan Proceeds") in order to pay authorized costs in connection with plan- ning and designing the Project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The City Council hereby cove- nants for the benefit of the Lender and all who may at any time be the holder of the Project Note to enter into the Loan and Disbursement Agreement and to issue and deliver the Bonds prior to the Maturity Date, as defined in the Pro- ject Note, and declares that this resolution con- stitutes the "additional action" required by Sec- tion 384.24A of the Code of Iowa. The Bonds are hereby ordered to be issued at such time as the City enters into the Loan and Disburse- ment Agreement. Section 2. The Project Note in the principal amount of $430,000 is hereby authorized to be issued to the Lender. The Project Note shall be dated as of the date of closing, shall mature on the Maturity Date as defined in the Project Note, and shall bear interest at the rate of 0% per annum. The Project Note shall be executed on be- half of the City with the official manual or fac- simile signature of the Mayor and attested with the official manual or facsimile signature of the City Clerk and shall be a fully registered instru- ment without interest coupons. In case any of- ficer whose signature or the facsimile of whose signature appears on the Project Note shall cease to be such officer before the delivery of the Project Note, such signature or such fac- simile signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. The City Clerk is hereby designated as the Registrar and Paying Agent for the Project Note and may be hereinafter referred to as the "Registrar" or the "Paying Agent." The City reserves the right to prepay princi- pal of the Project Note in whole or in part on any date prior to the Maturity Date, as defined in the Project Note, at a prepayment price equal to the principal amount thereof prepaid. The Project Note shall be fully registered as to both principal and interest in the name of the owner in the records of the City kept for such purpose, after which no transfer shall be valid unless made on said records by the City Clerk, and then only upon a written instrument of transfer satisfactory to the City, duly executed by the registered owner or the duly authorized attorney for such registered owner. The City shall maintain as confidential the record of identity of owners of the Project Note, as provided by Section 22.7 of the Code of Iowa. Section 3. The Project Note shall be in sub- stantially the [provided] form: Section 4. The Project Note shall be exe- cuted as herein provided as soon after the adoption of this resolution as may be possible and thereupon shall be delivered to the Regis- trar for registration and delivery to the Lender, upon receipt of the Project Note proceeds. Section 5. The Loan Proceeds are hereby appropriated to the payment of the Project Note and may also be appropriated to the pay- ment of other obligations issued to pay costs of the Project, but only to the extent that full pro- vision has been made for the payment of prin- cipal of the Project Note. At its sole discretion, the City Council may appropriate to the payment of the Project Note proceeds to be received from state or federal grants and/or income or revenues from sources to be received and expended for the Project during the period of Project construc- tion. The Project Note is a limited obligation of the City payable solely and only from the Loan Proceeds and shall not constitute a general ob- ligation of the City, nor shall it be payable in any manner by taxation, and under no circum- stances shall the City be in any manner liable by reason of the failure of the Loan Proceeds to be sufficient for the payment in whole or in part of the Project Note. Section 6. Upon a breach or default of a term of the Project Note or any Parity Obliga- tions and this resolution, a proceeding may be brought in law or in equity by suit, action, or mandamus to enforce and compel perfor- mance of the duties required under the terms of this resolution and Section 76.13 of the Code of Iowa. Section 7. The City reserves the right to is- sue additional obligations (the "Parity Obliga- tions") payable from the Loan Proceeds, and ranking on a parity with, the Project Note. The Project Note or any Parity Obligations shall not be entitled to priority or preference one over the other in the application of the Loan Proceeds regardless of the time or times of the issuance of such Project Note or Parity Obligations, it be- ing the intention of the City that there shall be no priority among the Project Note or Parity Obligations, regardless of the fact that they may have been actually issued and delivered at different times. Section 8. The provisions of this resolution shall constitute a covariation, tween the City and the owners of the Project Note and Parity Page 1197 of 2498 Book 153 Regular Session, September 18, 2023 382 Obligations as may from time to time be out- standing, and after the issuance of the Project Note, no change, variation or alteration of any kind of the provisions of this resolution shall be made without prior consent of the Lender which will adversely affect the owners of the Project Note or Parity Obligations until the Project Note and Parity Obligations and the interest thereon shall have been paid in full. Section 9. If any section, paragraph, clause, or provision of this resolution shall be held invalid, the invalidity of such section, par- agraph, clause, or provision shall not affect any of the remaining provisions of this resolution. Section 10. All resolutions and orders or parts thereof in conflict with the provisions of this resolution are, to the extent of such con- flict, hereby repealed. Section 11. This resolution shall be in full force and effect immediately upon its adoption and approval, as provided by law. Passed and approved September 18, 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk ACTION ITEMS 1. USDA Forest Service Urban & Commu- nity Forest Program Grant Award: Motion by Roussell to receive and file the documents and approve. Seconded by Resnick. Leisure Ser- vices Director Marie Ware provided information on the notification that the City of Dubuque has been awarded a USDA Forest Service Urban and Community Forest Program Grant totaling $1,499,978. Restated motion by Roussell to re- ceive and file the documents. Seconded by Resnick. Motion carried 7-0. 2. Five Flags Civic Center FY 23 Annual Report Presentation: Motion by Jones to re- ceive and file the documents and listen to the presentation. Seconded by Sprank. Five Flags Civic Center General Manager Aaron Rainey presented on: Building updates, events in re- view, event analysis, food and beverage, vol- unteers, ticket buyers demographics, news coverage, social media, venue partners, staff, and upcoming events. Motion carried 7-0. 3. Lead Service Line Replacement Pro- gram in 3 phases to complete replacement of lead service lines in 575 homes, maintaining the FY25 budget projection of a 5% water rate increase, but other factors might impact this rate increase, however, that would be deter- mined through the FY25 budget process con- ducted in April of 2024. Motion by Roussell to receive and file the documents and approve. Seconded by Jones. Motion carried 7-0. 4. Community Development Block Grant (CDBG) Subrecipient Agreement to assist Catholic Charities for an additional $245,000 for the replacement of two elevators in Ecu- menical Tower and authorize the Mayor to ex- ecute the agreement on behalf of the City. Mo- tion by Roussell to receive and file the docu- ments and adopt Resolution No. 319-23 Au- thorizing Execution of CDBG Subrecipient Agreement with Catholic Charities. Seconded by Wethal. Housing and Community Develop- ment Director Alexis Steger read three state- ments expressing the need for elevator repairs. One from Tracy Morrison, Executive Director at Catholic Charities, one from Cee Cee, a Resi- dent of Ecumenical Towers and the third from resident Brooklyn Williams of Ecumenical Tow- ers, all of whom could not stay due to the late hour. Motion carried 7-0. RESOLUTION NO. 319-23 AUTHORIZING EXECUTION OF CDBG SUB - RECIPIENT AGREEMENT WITH CATHOLIC CHARITIES Whereas, Catholic Charities prepared a re- quest to improve the quality of existing afforda- ble rental housing at Ecumenical Tower utiliz- ing Community Development Block Grant funds; and Whereas, the City Council approved the CDBG Fiscal Year 2024/Program Year 2023 Amendment #1 budget that included an in- creased budget for Ecumenical Tower to ac- commodate this request; and Whereas, a Categorically Excluded Subject to Review with 24 CFR Part 58.5 Environmen- tal Review has been completed, and no com- pliance or consultation with regulatory authori- ties were found to be required; therefore, con- verting the project to exempt; and Whereas, all services provided will be to a minimum of 51 % low/moderate income resi- dents, meeting the CDBG National Objective of Low/Mod-Income Housing benefit, and eligible activity of 14B: Rehab, Multi -Unit Residential. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the subrecipient agreement with Catholic Charities, beginning no sooner than September 18, 2023 be approved. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute said Agreement and related docu- ments on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 18"' day of September 2023. Brad M. Cavanagh, Mayor Attest Trish L. Gleason, Assistant City Clerk 5. Community Development Block Grant (CDBG) Subrecipient Agreement to assist Dubuque Community Schools Lincoln Outdoor Page 1198 of 2498 Book 153 Regular Session, September 18, 2023 383 Wellness with a project budget of $474,431 for a complete site redesign at Lincoln Elementary School to improve the use of space in a low - mod area and authorize the Mayor to execute the agreement on behalf of the City. Motion by Farber to receive and file the documents and adopt Resolution No. 320-23 Authorizing Exe- cution of CDBG Subrecipient Agreement with Dubuque Community Schools. Seconded by Resnick. Motion carried 7-0. RESOLUTION NO. 320-23 AUTHORIZING EXECUTION OF CDBG SUB - RECIPIENT AGREEMENT WITH DUBUQUE COMMUNITY SCHOOLS Whereas, Dubuque Community Schools prepared a request to improve the quality of a public facility at 555 Nevada Street, Lincoln El- ementary School, utilizing Community Devel- opment Block Grant funds; and Whereas, the City Council approved the CDBG Fiscal Year 2024/Program Year 2023 Amendment #1 budget that included a budget for Lincoln Wellness Project to accommodate this request; and Whereas, a Categorically Excluded Subject to Review with 24 CFR Part 58.5 Environmen- tal Review has been completed, and no com- pliance or consultation with regulatory authori- ties were found to be required; therefore, con- verting the project to exempt; and Whereas, all services provided will be to a minimum of 51 % low moderate -income area, meeting the CDBG National Objective of Low/Mod-Income Housing benefit, and eligible activity of 03F: Parks, Recreational Facilities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the subrecipient agreement with Dubuque Community Schools beginning no sooner than September 18, 2023 be ap- proved. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute said Agreement and related docu- ments on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 18th day of September 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 6. Community Development Block Grant (CDBG) Subrecipient Agreement to assist Mt. Pleasant Home to remodel an existing bath- room to be ADA-compliant with a project budget of $18,000 and authorize the Mayor to execute the agreement on behalf of the City. Motion by Farber to receive and file the docu- ments and adopt Resolution No. 321-23 Au- thorizing Execution of CDBG Subrecipient Agreement with Mt. Pleasant Home. Seconded by Wethal. Housing and Community Development Director Alexis Steger read state- ments by Keith Kettler, Administrator of Mt Pleasant Homes and Karen Zeckser, Mt Pleas- ant Homes Board Member outlining the need to remodel the bathroom originally built in 1939. Motion carried 7-0. RESOLUTION NO. 321-23 AUTHORIZING EXECUTION OF CDBG SUB - RECIPIENT AGREEMENT WITH MT. PLEAS- ANT HOME Whereas, Mt. Pleasant Home prepared a request to improve the quality of existing af- fordable rental housing at Mt. Pleasant Home 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 an $18,000 budget for Mt. Pleasant Home to ac- commodate this request; and Whereas, a Categorically Excluded Subject to Review with 24 CFR Part 58.5 Environmen- tal Review has been completed, and no com- pliance or consultation with regulatory authori- ties were found to be required; therefore, con- verting the project to exempt; and Whereas, all services provided will be to a minimum of 51 % low/moderate income resi- dents, meeting the CDBG National Objective of Low/Mod-Income Housing benefit, and eligible activity of 14B: Rehab, Multi -Unit Residential. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the subrecipient agreement with Mt. Pleasant Home, beginning no sooner than September 18, 2023 be approved. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute said Agreement and related docu- ments on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 18th day of September 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 7. Request for Work Session: Black Herit- age Survey Update on Monday, October 16, 2023, at 6:00 p.m. for an update on Black Her- itage Survey. Motion by Roussell to receive and file the documents and schedule the work session as recommended. Seconded by Sprank. No schedule conflicts were expressed. Motion carried 7-0. 8. New Housing Projects Update - Septem- ber 2023 Video and Handout: Public Infor- mation Office staff will show a video showing progress on some of the new housing projects under way in Dubuque. The video can also be seen on YouTube at Page 1199 of 2498 Book 153 Special Session, October 2, 2023 384 https://Voutu.be/sqC44udG80s?si=L9Z7EJSG Qc8K2xoY Motion by Resnick to receive and file the documents and watch the video. Se- conded by Jones. Motion carried 7-0. COUNCIL MEMBER REPORTS Each council member took a moment to share memories and to send their heartfelt con- dolences to the family and friends of Joyce Connors who passed away suddenly on Sep- tember 15, 2023. Joyce's encouragement to serve the residents of the City of Dubuque by serving as an elected official was something the Mayor and each of the council members shared in common. Remembering Joyce's calm demeanor, hard work ethic, and commit- ment to the Dubuque Community were very common themes throughout the shared mem- ories. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 10:49 p.m. to discuss Pending Litigation and Purchase or Sale of Real Estate — Chapter 21.5(1)(c),Q) Code of Iowa. Seconded by Wethal. Mayor Cavanagh stated for the record that the attorney who will consult with the City Council on the issues to be discussed in the closed session is City Attorney Brumwell. Mo- tion carried 7-0. The City Council reconvened in open ses- sion at 12:04 a.m. stating that staff had been given proper direction. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 12:05 a.m. Tuesday morning. /s/Trish L. Gleason, Assistant City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:15 p.m. on October 2, 2023, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones (Via phone), 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 on the Smart Parking & Mobility Man- agement Plan Update. Project Manager Steve Sampson Brown is providing information on the progress of the Smart Parking & Mobility Management Plan aspects related to mobility in the downtown area. A PowerPoint presentation was pre- sented by Ryan Peterson Landscape Architect with RDG Planning and Design on stakeholder input collected related to the various aspects of the mobility plan, progress completed to date on the mobility plan, and upcoming next steps working toward finalizing the mobility portion of the plan. Marty Shukert Urban Planner for RDG Planning and Design presented on bike paths and biking mobility. There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:26 p.m. /s/Trish L. Gleason, Assistant City Clerk Page 1200 of 2498 Book 153 Regular Session, October 2, 2023 385 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on October 2, 2023, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6'h Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones (Via phone), 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 busi- ness that may properly come before the City Council. Assistant City Clerk Trish Gleason noted that Action item No. 3 Appeal of Claim for Clay- ton and Nicole Ketchum was being pulled from the agenda due to lack of notification of item being placed on the agenda. PRESENTATION(S) Allie Hinga Managing Editor of THMedia presented Police Lieutenant Rick Fullmer with the Class of 2023 Rising Star Award. A video was also shown. For access to the video visit: https://youtu.be/TRRthX-GZmM. Police Lieu- tenant Rick Fullmer said a few words of appre- ciation. 2. Dubuque Police Chief Jeremy Jensen announced that Assistant Chief Joseph Mes- serich has graduated as a member of the 287th session of the Federal Bureau of Investigation (FBI) National Academy. Assistant Chief of Po- lice Joseph Messerich said a few words of ap- preciation. 3. Stephan Fehsal Parks Division Manager presented the Outstanding Organization Award to Dubuque Trees Forever. President Tom Kramer said a few words of appreciation. 4. Public Information Officer Randy Gehl on behalf of the 3CMA Committee, presented Felica Carner and Mayor Brad Cavanagh, the 3CMA Silver Circle Award for "Delivering Dubuque" Video Series. Felica Carner said a few words of appreciation. PROCLAMATION(S) 1. Trick -or -Treat Night Proclamation was accepted by Mayor Cavanaugh on behalf of The City Clerk's Office 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 9/18/23; Arts and Cul- tural Affairs Commission Minutes of 7/25/23; Civil Service Commission minutes of 6/29/23, 7/12/23, 8/9/23, 8/28/23; Transit Advisory Board minutes of 9/14/23; Proof of Publication of City Council Proceedings of 8/18/23, 8/21/23, 8/22/23, 8/23/23, 8/24/23. Upon mo- tion the documents were received and filed. 2. Notice of Claims and Suits: Jill Boge for vehicle damage; John Eby for vehicle damage; David Weydert for property damage. Upon mo- tion the documents were received, filed, and referred to the City Attorney. 3. Disposition of Claims: City Attorney ad- vising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: John Eby for vehicle damage. Upon mo- tion the documents were received, filed, and concurred. 4. Approval of City Expenditures: Upon mo- tion the documents were received and filed, and Resolution No. 322-23 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 approved. RESOLUTION NO. 322-23 AUTHORIZING THE CHIEF FINANCIAL OF- FICER / CITY TREASURER TO MAKE CER- TAIN 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 gen- erally accepted internal control procedures and have been determined to have been requisi- tioned for a lawful municipal purpose; and Whereas, the Chief Financial Officer -City Treasurer has provided a list of Expenditures [provided] hereto, and by this reference made a part hereof, to be drawn to pay for goods and services provided for City purposes; and Page 1201 of 2498 Book 153 Regular Session, October 2, 2023 386 Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142-18 adopted May 7, 2018, authorized the Chief Fi- nancial Officer -City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is [provided] 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 pay- ment 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 ac- cordance with approved budget appropria- tions. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Chief Fi- nancial Officer are hereby authorized and di- rected to provide the statement of receipts and disbursements to the City Council, and to pub- lish a summary thereof. Passed, approved, and adopted this 2nd day of October, 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 5. Electric Fuel Excise Tax and Charging Fee Recommendation establishing the fee ($0.17/kWh fee) for use of public electric vehi- cle (EV) charging stations in public parking fa- cilities, to recover the state excise tax, Charge - Point transaction fees and cloud plan, and electricity. Upon motion the documents were received and filed, and Resolution No. 323-23 Establishing rates and charges for electric ve- hicle charging was approved. RESOLUTION NO. 323-23 ESTABLISHING RATES AND CHARGES FOR ELECTRIC VEHICLE CHARGING Whereas, Section 9-14-321.631 of the City of Dubuque Code of Ordinances authorizes the City Manager to arrange for the installation of appropriate devices to regulate vehicles in mu- nicipal parking ramps for the collection of fees; and Whereas, Section 9-14-321.651 of the City of Dubuque Code of Ordinances authorizes the City Manager to establish fees and charges for the rental of city lots or portions of lots; and Whereas, the State enacted legislation cre- ating a new excise tax on electric fuel, which requires owners of electric charging stations to report and pay to the Iowa Department of Rev- enue $0.026 per kilowatt hour of electric fuel dispensed starting July 1, 2023; and Whereas, the City offers electric vehicle charging to the public in parking facilities; and Whereas, the electric vehicle charging is currently provided to the public at no cost and the City pays the excise tax, the cost of the electricity, and the cost of the platform to facili- tate the charging session; and Whereas, the City will be subject to the new excise tax on electric fuel; and Whereas, the City has determined that there should be a fee for electric vehicle charg- ing in an amount sufficient to reimburse the City for the excise tax, the cost of the electricity, the cost of the platform to facilitate the charging session, and the administrative costs for man- aging this portion of the parking system; and Whereas, the City has determined that a fee of $0.17 per kilowatt hour should be as- sessed and periodically reviewed by the City Manager and adjusted accordingly; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The fee of $0.17 per kilowatt hour is hereby adopted and approved. Section 2. The City Manager is authorized to periodically review the fee and update the fee(s) if review demonstrates the existing rate is not covering City costs. Passed, approved, and adopted this 2nd day of October, 2023. Brad Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk 6. Awarding Maus Park Lake Pump Station Culvert Repair Project in the amount of $525,172.00 to Tschiggfrie Excavating. Upon motion the documents were received and filed, and Resolution No. 324-23 Awarding the Pub- lic Improvement Construction Contract for the Maus Park Lake Pump Station Culvert Repair Project was approved. RESOLUTION NO. 324-23 AWARDING THE PUBLIC IMPROVEMENT CONSTRUCTION CONTRACT FOR THE MAUS PARK LAKE PUMP STATION CUL- VERT REPAIR PROJECT Whereas, sealed proposals have been sub- mitted by contractors for the Maus Park Lake Pump Station Culvert Repair Project (the Pro- ject) pursuant to Resolution No. 291-23 and Notice to Bidders published on the City of Dubuque, Iowa website and plan room service with statewide circulation on the 6th day of Sep- tember 2023; and Whereas, said sealed proposals were opened and read on the 26th day of September 2023 and it has been determined that Tschig- gfrie Excavating, Co. of Dubuque Iowa, with a low bid in the amount of $525,172.00 is the low- est responsive, responsible bidder for the Pro- ject. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Page 1202 of 2498 Book 153 Regular Session, October 2, 2023 387 Section 1. That a Public Improvement Con- tract for the Project is hereby awarded to Tschiggfrie Excavating, Co. and the City Man- ager is hereby directed to execute a Public Im- provement Contract on behalf of the City of Dubuque for the Project. Passed, approved, and adopted this 2nd day of October 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 7. Third Amendment to Community Devel- opment Block Grant (CDBG) Subrecipient Agreement- St. John's Almost Home Shelter Rehab: Upon motion the documents were re- ceived and filed, and Resolution No. 325-23 Authorizing the third amendment to the CDBG- CV Subrecipient Agreement with Almost Home at St. John's was approved. RESOLUTION NO. 325-23 AUTHORIZING THE THIRD AMENDMENT TO THE CDBG-CV SUBRECIPIENT AGREE- MENT WITH ALMOST HOME AT ST. JOHN'S Whereas, the City of Dubuque and Almost Home at St. John's entered into a CDBG-CV Subrecipient Agreement dated October 17, 2022 with respect to rehab the shelter to re- spond to the COVID-19 pandemic; and Whereas, the City Council approved the Iowa Economic Development Authority CDBG- CV agreement with the City of Dubuque on De- cember 21, 2020; and Whereas, the parties desire to modify the Subrecipient Agreement as set out in the Sec- ond Amendment to the Subrecipient Agree- ment [provided] hereto; and Whereas, Almost Home at St. John's will provide services to a majority low to moderate - income individuals and serve a group primarily presumed to be LMI such as homeless per- sons. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Third Amendment to the Subrecipient Agreement with Almost Home at St. John's be approved. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute said Agreement and related docu- ments on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 2nd day of October 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 8. Temporary Agreement Between the City of Dubuque and ITC Midwest, LLC to Operate an Electric Transmission System in the City of Dubuque until the franchise agreement takes effect but no later than December 31, 2023. Upon motion the documents were received and filed, and Resolution No. 326-23 Approving an agreement between the City of Dubuque and ITC Midwest, LLC to operate an Electric Trans- mission System in the City of Dubuque was ap- proved. RESOLUTION NO. 326 - 23 APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE AND ITC MID - WEST, LLC TO OPERATE AN ELECTRIC TRANSMISSION SYSTEM IN THE CITY OF DUBUQUE Whereas, the City of Dubuque, Iowa (City) and ITC Midwest, LLC (ITC Midwest) have ten- tatively entered into an Agreement for the op- eration of an electric transmission system in the City of Dubuque until such time as City and ITC Midwest finalize a franchise agreement to operate the system; and Whereas, the City Council finds that it is in the best interests of the City of Dubuque to ap- prove the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The [provided] Agreement is hereby approved. Section 2. The City Manager is authorized and directed to sign the Agreement on behalf of the City of Dubuque. Passed, approved, and adopted this 2nd day of October, 2023. Brad M. Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk 9. Recommendation of Nelson-Rudie & As- sociates, Inc. for selection of professional con- sultant services and requests authorization for the City to initiate contract negotiations for pro- fessional consultant services to complete the preliminary and final engineering design for the development of a project for the installation of a new replacement dehumidification system, a new arena HVAC and emergency generator system at the ImOn Ice Arena. Upon motion the documents were received, filed, and ap- proved. 10. History of Economic Development's Small Business Assistance Program: Upon motion the documents were received and filed. 11. Signed Contracts: Compass Minerals America, Inc. for Ice Control Road Salt Project 5400-23-24; Q Casino for Parking License Agreement; Tschiggfrie Excavating for Burling- ton Street Water Main Improvement Project 2023. Upon motion the documents were re- ceived and filed. Page 1203 of 2498 Book 153 Regular Session, October 2, 2023 388 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. Upon motion the documents were re- ceived and filed and Resolution No. 327-23 Fixing the date for a Public Hearing of the City Council of the City of Dubuque, Iowa on the Fifth Amendment to Development Agreement between the City of Dubuque, Iowa, and Port of Dubuque LLC, including the proposed issu- ance of Urban Renewal Tax Increment Reve- nue Obligations 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 October 16, 2023 in the Historic Federal Building. RESOLUTION NO. 327-23 FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON THE FIFTH AMEND- MENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE IOWA, AND PORT OF DUBUQUE LLC, INCLUDING THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OB- LIGATIONS RELATING THERETO, 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, which provided among other things for the issuance of urban renewal tax increment revenue grant obligations (the Grants); and Whereas, Merge, LLC assigned the Devel- opment Agreement to Port of Dubuque, LLC on the 13th day of February, 2020, with the con- sent of City; and Whereas, the parties have previously amended the Development Agreement; and Whereas, City and Port of Dubuque, LLC now desire to further amend the Development Agreement as set forth in the [provided] Fifth 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 Fifth Amendment to De- velopment Agreement; and Whereas, before said Fifth Amendment may be approved, Chapter 403 of the Code of Iowa requires that the City Clerk publish a no- tice of the proposal and of the time and place of the meeting at which the City Council pro- poses 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 author- ized 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 Fifth Amendment, to be held on the 16th day of October, 2023 in the form [provided] 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 Fifth Amend- ment to Development Agreement, providing for the issuance of urban renewal tax increment revenue obligations in the estimated amount of $6,750,529. 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, pub- lished 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 dis- posal 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 [pro- vided] hereto. Passed, approved, and adopted this 2nd day of October, 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 2. Upon motion the documents were re- ceived and filed and Resolution No. 328-23 Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on a First Amendment to Grant Agreement by and be- tween the City of Dubuque, Iowa, and Nia Neighborhoods Opportunity Zone Fund, LLC, Including the proposed issuance of Urban Re- newal Tax Increment Revenue Obligations re- lating thereto, for the rehabilitation of 1398 White Street 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 October 16, 2023 in the Historic Fed- eral Building. RESOLUTION NO. 328-23 FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON A FIRST AMEND- MENT TO GRANT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND NIA NEIGHBORHOODS OPPOR- TUNITY ZONE FUND, LLC, INCLUDING THE PROPOSED ISSUANCE OF URBAN RE- NEWAL TAX INCREMENT REVENUE Page 1204 of 2498 Book 153 Regular Session, October 2, 2023 389 OBLIGATIONS RELATING THERETO, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, City and Nia Neighborhoods Op- portunity Zone Fund, LLC entered into a Grant Agreement, dated the 7th day of August 2023, providing for a Fagade Grant, a Planning & De- sign Grant, a Financial Consultant Grant, and a Housing Creation Grant; and Whereas, the City Council has tentatively determined that it would be in the best interests of the City to approve the First Amendment to Grant Agreement with Nia Neighborhoods Op- portunity Zone Fund, LLC; and Whereas, it is deemed necessary and ad- visable that City should authorize Urban Re- newal Tax Increment Revenue obligations, as provided by Iowa Code Chapter 403, pursuant to the First Amendment to Grant Agreement; and Whereas, before said obligations may be approved, Iowa Code Chapter 403 requires that the City Clerk publish a notice of the pro- posal and of the time and place of the meeting at which the City Council proposes to take ac- tion thereon and at which meeting the City Council shall receive oral and/or written objec- tions 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 author- ized and directed to cause a notice to be pub- lished as prescribed by Iowa Code Section 403.9 of a public hearing on the City's intent to authorize Urban Renewal Tax Increment Rev- enue obligations, to be held on the 161h day of October, 2023, at 6:30 o'clock p.m. The official agenda will be posted on Friday, October 13, 2023 and will contain listening, viewing, and public input options. The City Council agenda may be accessed at https://citVofdubu- que.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 execution of the First Amendment to Grant Agreement relating thereto with Nia Neighbor- hoods Opportunity Zone Fund, LLC , the pro- ceeds of which obligations will be used to carry out certain of the special financing activities de- scribed in the Urban Renewal Plan for the Greater Downtown Urban Renewal District, consisting of the funding of economic develop- ments grants to Nia Neighborhoods Oppor- tunity Zone Fund, LLC pursuant to the Grant Agreement. It is expected that the aggregate amount of the Tax Increment Revenue obliga- tions to be issued will be approximately $30,226. 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 circula- tion in said City, said publication to be not less than four days nor more than twenty days be- fore 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 [provided] hereto. Passed, approved, and adopted this 2nd day of October, 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 3. Upon motion the documents were re- ceived and filed and Resolution No. 329-23 Setting the date for the public hearing on Amendment No. 1 to the Fiscal Year 2024 Budget for the City of Dubuque was adopted setting a public hearing for a meeting to com- mence at 6:30 p.m. on October 16, 2023 in the Historic Federal Building. RESOLUTION NO. 329-23 SETTING THE DATE FOR THE PUBLIC HEARING ON AMENDMENT NO. 1 TO THE FISCAL YEAR 2024 BUDGET FOR THE CITY OFDUBUQUE Whereas, Iowa Code Section 384.16 pro- vides that the City Council shall set a time and place for a public hearing on amendments to the budget and publish notice before the hear- ing as provided in Iowa Code Section 362.3. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the City Council shall con- duct a public hearing on proposed Amendment No. 1 to the Fiscal Year 2024 budget for the City of Dubuque at the City Council Chambers at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, on Monday, October 16, 2023, beginning at 6:30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish no- tice of the public hearing, according to law, to- gether with the required budget information. Passed, approved, and adopted this 2nd day of October 2023. Brad M. Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk Page 1205 of 2498 Book 153 Regular Session, October 2, 2023 390 PUBLIC HEARINGS 1. Motion by Sprank to receive and file the documents and adopt Resolution No. 330-23 Disposing of property by Vacating City Interest in a Portion of an Access and Trail Easement Over and Across Lot 1 of Dubuque Industrial Center South Fourth Addition, in the City of Dubuque, Iowa. Seconded by Wethal. Motion carried 7-0. RESOLUTION NO. 330-23 DISPOSING OF PROPERTY BY VACATING CITY INTEREST IN A PORTION OF AN AC- CESS AND TRAIL EASEMENT OVER AND ACROSS LOT 1 OF DUBUQUE INDUSTRIAL CENTER SOUTH FOURTH ADDITION, IN THE CITY OF DUBUQUE, IOWA Whereas, the City Council, by Resolution No. 331-23, dated the 18th day of September 2023, declared its intent to dispose of City in- terest in an access and trail easement on real property, legally described as: Part of Lot 1 of Dubuque Industrial Cen- ter South Fourth Addition, in the City of Dubuque, Iowa, according to the rec- orded plat thereof (the Property); and Whereas, per the Final Plat of Dubuque In- dustrial Center South First Addition in the City of Dubuque, Iowa, Instrument Number 2014- 1397, a 40-foot-wide access, and trail ease- ment was reserved thru Lot 2 of said Final Plat of Dubuque Industrial Center South First Addi- tion; and Whereas, per an agreement between the City of Dubuque and Seippel Warehouse LLC, the parties wished to set forth terms for the re- location of said access and trail easement across Lot 2 of said Final Plat of Dubuque In- dustrial Center South First Addition in order to accommodate the construction of a 250,000 square foot warehouse building; and Whereas, Lot 2 of said Final Plat of Dubu- que Industrial Center South First Addition has been consolidated with other properties and is now part of Lot 1 of the Plat of Survey of Lot 1 and Lot A of Dubuque Industrial Center South Fourth Addition, in the City of Dubuque Iowa, per Instrument Number 2023-00008290; and Whereas, said Plat of Survey of Lot 1 and Lot A of Dubuque Industrial Center South Fourth Addition dedicates a new and relocated 40-foot-wide access and trail easement on the west said of said warehouse building and by Resolution 267-23 the City has accepted said dedication of access and trail easement from Seipel Warehouse LLC; and Whereas, per said agreement the City is re- sponsible for vacating a portion of the original 40-foot-wide access and trail easement area, reserved on said Final Plat Dubuque Industrial Center South First Addition, through Lot 1 of Dubuque Industrial Center South Fourth Addition, in the City of Dubuque, Iowa, as shown on the [provided] Exhibit A; and Whereas, pursuant to published notice, a public hearing was held on the proposed dis- position on the 2nd day of October, 2023 at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council that City interest in a portion of the orig- inal access and trail easement, as reserved on said Final Plat Dubuque Industrial Center South First Addition, through Lot 1 of Dubuque Industrial Center South Fourth Addition, in the City of Dubuque, Iowa, as shown on the [pro- vided] Exhibit A, should be vacated, and doing so is in the public interest of the City of Dubu- que. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. The City hereby vacates all inter- est in a portion of the original access and trail easement, as reserved on said Final Plat Dubuque Industrial Center South First Addi- tion, through Lot 1 of Dubuque Industrial Cen- ter South Fourth Addition, in the City of Dubu- que, Iowa, as shown on the [provided] Exhibit A. Section 2. The City Clerk is hereby author- ized to and directed to record this resolution with the Dubuque County Recorder. Passed, approved, and adopted this 2nd day of October 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk I10r[•]►I1114�1K Congressional representatives have noti- fied Airport Director Todd Dalsing that the Dubuque Regional Airport and its partners will receive a $1.5 million grant through the federal government's Small Community Air Service Development (SCASD) Program. Motion by Roussell to receive and file the documents. Se- conded by Farber. Airport Director Dalsing and Dubuque Area Chamber of Commerce Presi- dent and CEO Molly Grover provided details regarding the grant and answered questions from the City Council. Mayor Cavanagh laid out the five initiatives being used to help bring back flight services to Dubuque; 1. Direct contact with providers 2. Federal and State advocacy 3. Fly Dubuque Experience 4. Collaboration with other airports 5. Local collaborations and partnerships. Motion carried 7-0. 2. The City of Dubuque has been awarded a $7.7 million grant from the U.S. Department of Commerce's Economic Development Ad- ministration (EDA) to improve flood prevention infrastructure and help protect homes and busi- nesses from future flooding. Page 1206 of 2498 Book 153 Regular Session, October 2, 2023 391 Motion by Resnick to receive and file the docu- ments. Seconded by Farber. Motion carried 7- 0. 3. Item pulled from the agenda due to lack of notification of item being placed on the agenda. 4. Motion by Resnick to receive and file the documents and adopt Resolution No. 331-23 Approving the First Amendment to Grant Agreement between the City of Dubuque Iowa, and Virtual Velocity, LLC., for the Rehabilitation of 1199 Central Avenue to provide the project a $300,000 loan to be amortized over 5 years at zero percent interest. Seconded by Wethal. Lloyd Singletary, Owner of property at 1199 Central Ave. was present to answer questions from the City Council. Motion carried 7-0. RESOLUTION NO. 331-23 APPROVING THE FIRST AMENDMENT TO GRANT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND VIRTUAL VE- LOCITY, LLC Whereas, the City of Dubuque (City) and Virtual Velocity, LLC (Grant Recipient) entered into a Grant Agreement dated the 3rd day of Oc- tober 2022, providing for a Fagade Grant, a Planning & Design Grant, a Financial Consult- ant Grant, and a Housing Creation Grant; and Whereas, City and Grant Recipient desire to amend the Grant Agreement as set forth in the [provided] First Amendment to Grant Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the First Amendment to Grant Agreement between the City of Dubu- que, Iowa and Virtual Velocity, LLC, a copy of which is [provided] hereto, is hereby approved. Section 2. That the Mayor is hereby author- ized and directed to execute the First 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 author- ized to take such actions as are necessary to comply with the terms of the First Amendment to Grant Agreement as herein approved. Passed, approved, and adopted this 2nd day of October, 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 5. Motion by Sprank to receive and file the documents and adopt Resolution No. 332-23 Awarding Public Improvement Construction Contract for the Chaplain Schmitt Island Trail Connection Project, Iowa DOT Project No. EDP-2100 (704)--7Y-31, to Midwest Concrete, Inc., of Peosta, IA, in the amount of $696,632.33, subject to Iowa DOT concur- rence and approval of award. Seconded by Wethal. Motion carried 7-0. RESOLUTION NO. 332-23 AWARDING PUBLIC IMPROVEMENT CON- STRUCTION CONTRACT FOR THE CHAP- LAIN SCHMITT ISLAND TRAIL CONNEC- TION PROJECT, IOWA DOT PROJECT NO. EDP-2100 (704)--7Y-31 Whereas, said sealed proposals were opened and read by the Iowa Department of Transportation on the 19'h day of September 2023 and it has been determined that Midwest Concrete, Inc. of Peosta, IA with a bid in the amount of $696,632.33 is the lowest respon- sive, responsible bidder for the project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That a Public Improvement Con- struction Contract for the Chaplain Schmitt Is- land Trail Connection Project, Iowa DOT Pro- ject No. EDP-2100 (704)--7Y-31, is hereby awarded to Midwest Concrete, Inc. subject to Iowa Department of Transportation concur- rence and approval of award, and the City Manager is hereby directed to execute a Public Improvement Construction Contract on behalf of the City of Dubuque for the Project. Passed, adopted, and approved this 2nd day of October 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 6. McCoy Group, Inc. Easement Agree- ment, providing for the sale of a parking lot by the City to McCoy Group, Inc. along with the requirement that the parties agree to certain easements related to the parking lot and the building purchased by McCoy Group, Inc. Amended Motion by Farber to receive and file the documents and approve. Seconded by Wethal. Motion carried 7-0. 7. Request for Work Session: STREETS Program: Motion by Roussell to receive and file the documents and schedule the work session for Monday, November 20, 2023, at 5:30 p.m. Seconded by Sprank. No schedule conflicts were expressed. Motion carried 7-0. 8. Request for Work Session: Railroad Quiet Zone Study: Motion by Roussell to re- ceive and file the documents and schedule the work session for Monday, December 4, 2023, at 5:30 p.m. Seconded by Wethal. No schedule conflicts were expressed. Motion carried 7-0. 9. Mayor Cavanagh Named President - Elect of Iowa League of Cities Board: Dubuque Mayor Brad Cavanagh was elected to the posi- tion at the League's Annual Conference and Page 1207 of 2498 Book 153 Special Session, October 16, 2023 392 Exhibit and will serve as the President -Elect of the Iowa League of Cities Executive Board for the coming year. Motion by Resnick to receive and file the documents and convey congratula- tions. Seconded by Wethal. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Roussell reported that she had traveled to Mexico City to participate in the Cities Forward Initiative. Additionally, she in- vited anyone able to sign up to help plant trees in Dubuque. Council Member Resnick reported attend- ing the Annual Boards and Commission Picnic. He thanked commissioners for their dedicated service and encouraged others to consider be- coming a commissioner. Council Member Wethal reminded every- one of the upcoming Kids Expo on Saturday and encouraged all to attend. Council Member Sprank reported on at- tending a Steeple Square Community Event. Additionally, he attended a Housing Form event where the need for low-income housing was discussed. Mayor Cavanagh reported attending a Latin X Fiesta where wonderful food and fun was had by all. CLOSED SESSION Motion by Roussell to convene in closed session at 7:53 p.m. to discuss Pending Litiga- tion and Purchase or Sale of Real Estate — Chapter 21.5(1)(c),(j) Code of Iowa. Seconded by Resnick. Mayor Cavanagh stated for the record that the attorney who will consult with the City Council on the issues to be discussed in the closed session is City Attorney Brumwell. Motion carried 7-0. There being no further business, Mayor Cavanagh declared the meeting adjourned at 8:50 p.m. /s/Trish Gleason, Assistant City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:45 p.m. on October 16, 2023, in the second -floor Council Chambers of the His- toric Federal Building, 350 W. 61' Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attor- ney 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 on a quarterly Sustainable Dubuque update. 1. Sustainable Dubuque Work Session: Di- rector of Sustainability Gina Bell prepared an in-depth look at the Climate Action Plan as it relates to values City Council holds and actions the City Council can take. Council participated in an interactive presentation to indicate their priorities within the sustainability department. There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:25 p.m. /s/Trish Gleason, Assistant City Clerk Page 1208 of 2498 Book 153 Regular Session, October 16, 2023 393 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on October 16, 2023, in the second -floor Council Chambers of the His- toric Federal Building, 350 W. 61' Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attor- ney Brumwell. Mayor Cavanagh read the call and stated this is a regular session of the City Council called for the purpose of conducting such busi- ness that may properly come before the City Council. PLEDGE OF ALLEGIANCE PROCLAMATIONS 1. Keeping the Lights on After School (Oc- tober 20, 2023) was accepted by Beth McGorry, Director of Donor Relations, on be- half of St. Mark Youth Enrichment 2. Domestic Violence Awareness Month (October 2023) was accepted by Angela Heister and Jenny Sheehan, Domestic Vio- lence Victim Advocates, on behalf of Waypoint. 3. Arts and Humanities Month Proclamation (October 2023) was accepted by Arts and Cul- tural Affairs Coordinator Bonnie Spurling and Nicholas Harder, Arts and Cultural Affairs Ad- visory Commission Chair. 4. Extra Mile Day (November 1, 2023) was accepted by AmeriCorps Director Heather Sat- terly of Leisure Services, on behalf of Extra Mile America. CONSENT Citizens requested Nos. 5, 8 and 22 be held for separate discussion. Motion by Resnick to receive and file the documents, adopt the res- olutions, and dispose of as indicated except for item numbers 5, 8, and 22. Seconded by Far- ber. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 10/2/23; Zoning Advi- sory Commission Minutes of 10/4/23; Proof of Publication of City Council Proceedings of 9/5/23, 9/11/23, 9/12/23, 9/18/23. Upon motion the documents were received and filed.2. No- tice of Claims and Suits: Jill Boge for vehicle damage; Mary Burke for vehicle damage; Linda Irish for vehicle damage; J P Gasway Co Inc for vehicle damage; Lori Meyer for property damage; Mercy One Medical Center for prop- erty damage; Erica Nelson for vehicle damage. Upon motion the documents were received, filed, and referred to the City Attorney. 3. Disposition of Claims: City Attorney ad- vising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: City Jill Boge for vehicle damage; Mary Burke for vehicle damage; Linda Irish for vehi- cle damage; Lori Meyer for property damage; Erica Nelson for vehicle damage; J P Gasway Co Inc for vehicle damage. Upon motion the documents were received, filed, and con- curred. 4. Notice of Appeal of Claim: Jim Hauber for property damage; Clayton and Nicole Ketchum for property damage Upon motion the documents were received and filed. 5. Appeal of Claim by Clayton and Nicole Ketchum: City Attorney recommending denial of an appeal of a claim against the City filed by Clayton and Nicole Ketchum for property dam- age. Motion by Resnick to receive and file and concur. Seconded by Jones. Nicole Ketchum spoke and requested City Council approve the appeal of claim. Motion carried 7-0. 6. Approval of City Expenditures: Upon mo- tion the documents were received and filed, and Resolution No. 333-23 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 approved. RESOLUTION NO. 333-23 AUTHORIZING THE CHIEF FINANCIAL OF- FICER / CITY TREASURER TO MAKE CER- TAIN 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 gen- erally accepted internal control procedures and have been determined to have been requisi- tioned for a lawful municipal purpose; and Whereas, the Chief Financial Officer -City Treasurer has provided a list of Expenditures Page 1209 of 2498 Book 153 Regular Session, October 16, 2023 394 [provided] 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 Fi- nancial Officer -City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is [provided] 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 pay- ment 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 ac- cordance with approved budget appropria- tions. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Chief Fi- nancial Officer are hereby authorized and di- rected to provide the statement of receipts and disbursements to the City Council, and to pub- lish a summary thereof. Passed, approved, and adopted this 16'h day of October, 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 7. City News Newsletter - November/De- cember 2023: Upon motion the documents were received and filed. 8. Dubuque Audubon Society Correspond- ence and Petition: Motion by Jones to receive and file the documents. Seconded by Roussell. Ken Kiss from the Dubuque Audubon Society spoke in favor of retaining grasslands and pre- sented the Evaluation and management of grasslands at the Dubuque Technology Park for grassland bird diversity Final Report to Council Motion carried 7-0. 9. Black Heritage Survey Update Work Session originally scheduled for October 16, 2023, will be rescheduled on a date to be de- termined. Upon motion the documents were re- ceived and filed. 10. Participation in National League of Cit- ies "City Inclusive Entrepreneurship" Program: Upon motion the documents were received and filed. 11. Request for Proposals - Consulting Ser- vices for an Aerial Photography Project for aer- ial orthophotography and LiDAR data collection in the amount of $160,000. Upon motion the documents were received, filed, and approved. 12. Proposed Amendment to Master Co -lo- cation and Shared Services Agreement be- tween the City of Dubuque and ImOn Commu- nications LLC Data Center: Upon motion the documents were received, filed, and approved. 13. Request to add a full-time payroll sys- tems analyst and administrator and a fully re- mote part-time finance project manager, as well as eliminate a vacant full-time budget fi- nancial analyst and a vacant limited term full- time accountant. Upon motion the documents were received, filed, and approved. 14. Request to eliminate the 0.25 full-time employee, Lease Management Intern Position and add a non-exempt (hourly), full-time Confi- dential Account Clerk position. Upon motion the documents were received, filed, and ap- proved. 15. Flood Control System Repairs Agree- ment with the Corps of Engineers to complete flood control system repairs and authorize the Mayor to affix his signature to the agreement. Upon motion the documents were received, filed, and approved. 16. First Amendment to Community Devel- opment Block Grant (CDBG) Subrecipient Agreement with Mt. Pleasant Home and au- thorize the Mayor to execute the amendment on behalf of the City. Upon motion the docu- ments were received and filed, and Resolution No. 334-23 Authorizing the First Amendment to the CDBG Subrecipient Agreement Between the City of Dubuque and Mount Pleasant Home was approved. RESOLUTION NO. 334-23 AUTHORIZING THE FIRST AMENDMENT TO THE CDBG SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF DUBUQUE AND MOUNT PLEASANT HOME Whereas, the City of Dubuque and Mount Pleasant Home entered into a CDBG Subrecip- ient Agreement dated September 18, 2023 with respect to rehab an existing men's bathroom to be ADA-compliant; and Whereas, the parties desire to modify the Subrecipient Agreement as set out in the First Amendment to the Subrecipient Agreement [provided] hereto; and Whereas, the Mount Pleasant Home pro- vides services to a minimum of 51 % low/mod- erate income residents, meeting the CDBG Na- tional Objective of Low/Mod-Income Housing benefit, and eligible activity of 14B: Rehab, Multi -Unit Residential. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the First Amendment to the Page 1210 of 2498 Book 153 Regular Session, October 16, 2023 395 CDBG Subrecipient Agreement be approved. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to designate the City Manager or the Housing and Community Development Department Director to execute said Amendment and related docu- ments on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 16th day of October 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 17. Approving the Fourth Amendment to Development Agreement between the City of Dubuque, Iowa and 210 Jones, LLC: Upon mo- tion the documents were received and filed, and Resolution No. 335-23 Approving the Fourth Amendment to Development Agree- ment Between the City of Dubuque, Iowa and 210 Jones, LLC was approved. RESOLUTION NO. 335-23 APPROVING THE FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT BE- TWEEN THE CITY OF DUBUQUE, IOWA AND 210 JONES, LLC Whereas, City and (Developer) entered into a Development Agreement dated June 19, 2017 (the Agreement), as amended; and Whereas, the Agreement provides the issu- ance of Urban Renewal Tax Increment Reve- nue Obligations, as provided by Chapter 403 of the Code of Iowa; and Whereas, City and Developer desire to fur- ther amend the Agreement as set forth in the [provided] Fourth Amendment to Development Agreement; and Whereas, the City Council finds that it is in the best interests of the City of Dubuque to ap- prove the Fourth Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Fourth Amendment to Development Agreement between the City of Dubuque and 210 Jones, LLC, is hereby ap- proved. Section 2. The Mayor is hereby authorized and directed to execute the Fourth Amendment 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 author- ized to take such actions as are necessary to comply with the terms of the Fourth Amend- ment to Development Agreement as herein ap- proved. Passed, approved, and adopted this 16"' day of October, 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 18. Application Authorization for an Iowa Clean Air Attainment Program (ICAAP) grant for Smart Traffic Routing with Efficient Traffic Signals (STREETS) Phase II: Upon motion the documents were received and filed, and Reso- lution No. 336-23 Authorizing the filing of an Iowa Clean Air Attainment Program Application with the Iowa Department of Transportation (Iowa DOT) in partnership with Dubuque Met- ropolitan Area Transportation Study (DMATS) to assist with the funding of Smart Traffic Rout- ing with Efficient and Effective Traffic Signals (STREETS) Improvements Phase II was ap- proved. RESOLUTION NO. 336-23 AUTHORIZING THE FILING OF AN IOWA CLEAN AIR ATTAINMENT PROGRAM AP- PLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION (Iowa DOT) IN PARTNERSHIP WITH DUBUQUE METRO- POLITAN AREA TRANSPORTATION STUDY (DMATS) TO ASSIST WITH THE FUNDING OF SMART TRAFFIC ROUTING WITH EFFICIENT AND EFFECTIVE TRAFFIC SIGNALS (STREETS) IMPROVEMENTS PHASE II Whereas, the STREETS project is de- signed to improve traffic conditions throughout the Dubuque metro area by distributing traffic more evenly on the region's major corridors. The STREETS project will modify the signal timings through a seamless interface between a signal timing model and signals used in the field; and Whereas, the City has determined that STREETS project will reduce congestion, shorten travel times, improve air quality, and improve safety in the metro area. By rerouting traffic on the roads with extra capacities dy- namically, it is expected that the proposed sys- tem will reduce traffic bottlenecks as recom- mended by the adopted East-West Corridor Study; and Whereas, the City has implemented Phase I of the STREETS Improvements on several major corridors and Phase II will expand the implementation to the city's remaining signal- ized corridors; and Whereas, the City in partnership with DMATS is requesting ICAAP funding in the amount of $464,700 in Federal Fiscal Year (IFFY) 2025 to assist with Phase II implementa- tion; and Whereas, the City will commit any neces- sary local matching funding for project imple- mentation, and upon completion will be respon- sible for adequate maintaining and operating the project for public use during the project's useful life; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA, THAT: Page 1211 of 2498 Book 153 Regular Session, October 16, 2023 396 Section 1. The City hereby supports and authorizes the grant application submittal for funding through the Iowa DOT IFFY 2025 ICAAP Program to assist with the funding STREETS Project Phase II implementation in the Dubuque metro area. Passed, approved, and adopted this 16th day of October, 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 19. Financial Assistance Award agreement with the U. S. Economic Development Admin- istration (EDA) and authorizing the City Man- ager to act as the City's authorized representa- tive to secure $7,700,000 in grant funding for the Bee Branch Stormwater Pumping Station Project (Phase V of the Bee Branch Watershed Flood Mitigation Project). Upon motion the doc- uments were received and filed, and Resolu- tion No. 337-23 Approving a US Department of Commerce Economic Development Admin- istration Disaster Relief Opportunity Grant for the Construction of a New Stormwater Pump- ing Station at the 16th Street Detention Basin was approved. RESOLUTION NO. 337-23 APPROVING A U.S. DEPARTMENT OF COMMERCE ECONOMIC DEVELOPMENT ADMINISTRATION DISASTER RELIEF OP- PORTUNITY GRANT FOR THE CONSTRUC- TION OF A NEW STORMWATER PUMPING STATION AT THE 16T" STREET DETENTION BASIN Whereas the City Council of the City of Dubuque, Iowa wishes to secure funding through the Economic Development Admin- istration (EDA), U. S. Department of Com- merce Fiscal Year 2018 Disaster Supplemental grant for the construction of a new stormwater pumping station at the 16th Street Detention Basin, and Whereas the City Council, adopted Resolu- tion 260-23 authorizing the submission of a grant application for $7,700,000, and Whereas, in support of the application for $7,700,000 in grant funding the City Council pledged the amount of $19,012,000 in local matching funds with $16,412,000 from GO Bonds and $2,600,000 from a State Revolving Fund loan, if in fact, the Disaster Relief Oppor- tunity grant is awarded by the Economic Devel- opment Administration, and Whereas the City has been awarded $7,700,000 in EDA grant funding EDA has pro- vided a Financial Assistance Award agreement (Agreement) outlining the terms of the City's use of the grant funding, and Whereas it is in the City's best interest to enter into the Agreement in order for the City to receive the $7,700,000 in EDA grant funding for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The Mayor is hereby authorized to sign the Agreement with EDA securing $7,700,000 in Economic Development Admin- istration grant funding for the Bee Branch Stormwater Pumping Station Project. Section 2. Authorizes the City Manager to act as an authorized representative on the City's EDA Fiscal Year 2018 Disaster Supplemental grant and may execute any documents as the Economic Development Administration may reasonably request. Passed, approved, and adopted this 16th day of October, 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 20. Acceptance of Grant of Easement for Access and Sidewalk over and across Part of Lot 1 of Lot 9, Block 15, in Scenic View Heights No. 2, in the City of Dubuque, Iowa, from prop- erty owner Chad Ellis (for C Ellis Properties, LLC or CEP) for the extension of the existing sidewalk on the east side of Miracle League Drive to the Veterans Memorial Park property and the granting of the appropriate easements along Miracle League Drive. Upon motion the documents were received and filed, and Reso- lution No. 338-23 Accepting a Grant of Ease- ment for access and sidewalk over and across part of Lot 1 of Lot 9, Block 15, in Scenic View Heights No. 2, in the City of Dubuque, Iowa was approved. RESOLUTION NO. 338-23 ACCEPTING A GRANT OF EASEMENT FOR ACCESS AND SIDEWALK OVER AND ACROSS PART OF LOT 1 OF LOT 9, BLOCK 15, IN SCENIC VIEW HEIGHTS NO. 2, IN THE CITY OF DUBUQUE, IOWA Whereas, C ELLIS PROPERTIES, LLC has executed a Grant of Easement for Access and Sidewalk, over and across Part of Lot 1 of Lot 9, Block 15, in Scenic View Heights No. 2, in the City of Dubuque, 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 Grant of Easement for Ac- cess and Sidewalk, over and across Part of Lot 1 of Lot 9, Block 15, in Scenic View Heights No. 2, in the City of Dubuque, Iowa, from C ELLIS PROPERTIES, LLC, a copy of which is [pro- vided] 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. Page 1212 of 2498 Book 153 Regular Session, October 16, 2023 397 Section 3. That the City Clerk be and is hereby authorized and directed to record a cer- tified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved, and adopted this 16th day of October 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 21. Althauser St. Retaining Wall Repair Project awarded to Tschiggfrie Excavating Co. in the low bid amount of $144,004.50. Upon motion the documents were received and filed, and Resolution No. 339-23 Awarding Public Improvement Construction Contract for the Al- thauser St. Retaining Wall Repair Project was approved. RESOLUTION NO. 339-23 AWARDING PUBLIC IMPROVEMENT CON- STRUCTION CONTRACT FOR THE AL- THAUSER STREET RETAINING WALL RE- PAIR PROJECT Whereas, sealed proposals have been sub- mitted by contractors for the Althauser St. Re- taining Wall Repair Project, (the Project) and Notice to Bidders published on the City of Dubuque, Iowa website and plan room service with statewide circulation on the 14th day of September 2023. Whereas, said sealed proposals were opened and read on the 28th day of September 2023 and it has been determined that Tschig- gfrie Excavating, Co. of Dubuque, IA submitted the low bid in the amount of $144,004.50, and is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That a Public Improvement Con- struction Contract for the Project is hereby awarded to Tschiggfrie Excavating, Co. and the City Manager is hereby directed to execute a Public Improvement Construction Contract on behalf of the City of Dubuque for the Project. Passed, adopted, and approved this 16th day of October 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 22. Platting of City Property at 1860 Haw- thorne Street, formerly the Bowling and Be- yond Site in the Kerper Boulevard Industrial Park (Union at the Marina, LP Development Agreement): Mayor Cavanagh stated that the residents wanting to speak on this item really want to speak at the first Public Hearing on this agenda. Motion by Jones to receive and file and adopt Resolution No. 340-23 Approving Plat of Survey of Lot 1-2 And 2-2 of Block 2 in River Front Subdivision No. 3, in the City of Dubuque, Iowa. Seconded by Wethal. Motion carried 7-0. RESOLUTION NO. 340-23 APPROVING PLAT OF SURVEY OF LOT 1-2 AND 2-2 OF BLOCK 2 IN RIVER FRONT SUBDIVISION NO. 3, IN THE CITY OF DUBU- QUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 25th day of September 2023, pre- pared by The City of Dubuque Engineering De- partment, re -platting Lot 2 of Block 2 of in River Front Subdivision No. 3., in the City of Dubu- que, Iowa, to be hereinafter known as Lot 1-2 and Lot 2-2 of Block 2 in River Front Subdivi- sion No. 3, 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 the 25th day of September 2023, prepared by The City of Dubuque Engineering 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 author- ized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. The City hereby reserves the water main, storm sewer, public utility, storm drainage, and flood levee easements as shown on and described in said plat. 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 2nd day of October 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 23. Approval of Retail Alcohol Licenses: Upon motion the documents were received and filed, and Resolution No. 341-23 Approving ap- plications for retail alcohol licenses, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was approved. RESOLUTION NO. 341-23 APPROVING APPLICATIONS FOR RETAIL ALCOHOL LICENSES, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDI- NANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CON- TROL, ARTICLE B LIQUOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for retail alcohol Page 1213 of 2498 Book 153 Regular Session, October 16, 2023 398 licenses have been submitted and filed with the City Council for approval, and the same have been examined, provisionally approved, and/or approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City, and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Clerk is hereby author- ized and directed to cause to be issued at the noted premise address to the following appli- cants pending submission of the locally re- quired documentation: New Applications VERSUS 2.0, 2364 Washington St. Renewals Aldi, Inc 30, 2160 Holliday Dr. Baraboo's On Main, 345 Main St. Barrel House Dubuque, 299 Main St. Blend Business Dining, 700 Locust. St. Carlos O'Kelly's Mexican Cafe, 1355 Associ- ates Dr Dimensional Brewing Company, 67 Main St. Dubuque Ice Arena, 1800 Admiral Sheehy Dr. Dusty's Doghouse Lounge, 1646 Asbury Rd. Europa Haus Restaurant & Bierstube, 1301 Rhomberg Ave. Family Dollar Store 32889, 2600 Dodge St. Suite D1 Fast Freddy's, 3130 Jackson St. Happy Joe's Old Fashioned Ice Cream & Pizza, 855 Century Dr. Huhot Mongolian Grill, 555 John F. Kennedy Rd. #685 Jumpers Sports Bar & Grill, 2600 Dodge St. Suite C Knickers Saloon, 2186 Central Ave. Kwik Stop 16th St. 300, 1215 East 161h St. Kwik Stop 858, 3340 John F. Kennedy RD. Lina's Lounge, 580, 2055 Holliday Dr. Loras College - Athletic And Wellness Cen- ter, 1600 Loras College Parkway Rainbow Lounge, 36 West 4th St. Wicked Dame, 214 West. 1 st St. Yen Ching Restaurant, 926 Main St. Special Event(s) per Special Event Application Submittal Dubuque Jaycees 10-15-23 to 10-19-23, 7th & Jackson to 9th & Jackson includes East 8m to Elm Passed, approved, and adopted this 16th day of October 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant 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. Second Amendment to Grant Agreement with Virtual Velocity, LLC for the Rehabilitation of 1199 Central Avenue: Upon motion the doc- uments were received and filed and Resolution No. 342-23 Fixing the date for a Public Hearing of the City Council of the City of Dubuque, Iowa on 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 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 Novem- ber 6, 2023 in the Historic Federal Building. RESOLUTION NO. 342-23 FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON A SECOND AMEND- MENT 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 OB- LIGATIONS RELATING THERETO, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, City and Virtual Velocity, LLC en- tered into a Grant Agreement, dated the 3rd day of October 2022, providing for a Fagade Grant, a Planning & Design Grant, a Financial Con- sultant Grant, and a Housing Creation Grant; and Whereas, the City Council has tentatively determined that it would be in the best interests of the City to approve the Second Amendment to Grant Agreement with Virtual Velocity, LLC; and Whereas, it is deemed necessary and ad- visable that City should authorize Urban Re- newal Tax Increment Revenue obligations, as provided by Iowa Code Chapter 403, pursuant to the Second Amendment to Grant Agree- ment; and Whereas, before said obligations may be approved, Iowa Code Chapter 403 requires that the City Clerk publish a notice of the pro- posal and of the time and place of the meeting at which the City Council proposes to take ac- tion thereon and at which meeting the City Council shall receive oral and/or written objec- tions 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 Page 1214 of 2498 Book 153 Regular Session, October 16, 2023 399 DUBUQUE, IOWA: Section 1. The City Clerk is hereby author- ized and directed to cause a notice to be pub- lished as prescribed by Iowa Code Section 403.9 of a public hearing on the City's intent to authorize Urban Renewal Tax Increment Rev- enue obligations, to be held on the 6th day of November, 2023, at 6:30 o'clock p.m. The offi- cial agenda will be posted on Friday, Novem- ber 3, 2023 and will contain listening, viewing, and public input options. The City Council agenda may be accessed at https://citvofdubu- que.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 execution of the Second Amendment to Grant Agreement relating thereto with Virtual Veloc- ity, LLC , the proceeds of which obligations will be used to carry out certain of the special fi- nancing activities described in the Urban Re- newal Plan for the Greater Downtown Urban Renewal District, consisting of the funding of economic developments grants to Virtual Ve- locity, LLC pursuant to the Grant Agreement. It is expected that the aggregate amount of the Tax Increment Revenue obligations to be is- sued will be approximately $251,082. 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 circula- tion in said City, said publication to be not less than four days nor more than twenty days be- fore 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 [provided] hereto. Passed, approved, and adopted this 16th day of October, 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 2. Purchase Agreement Approval for Partial Sale of Hendricks Site Property to Dubuque County and City Purchase of Dubuque County Owned Parking Lot: Upon motion the docu- ments were received and filed and Resolution No. 343-23 Of Intent to Dispose of an Interest 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 was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on November 6, 2023 in the Historic Fed- eral Building. RESOLUTION NO. 343-23 RESOLUTION OF INTENT TO DISPOSE OF AN 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 DUBU- QUE Whereas, the City of Dubuque, Iowa (City) is the owner of the following described real property: 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 Agreement), 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 [provided] hereto, pursuant to which City will convey the City Property to Dubuque County and 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 Agree- ment, including the sale of the City Property to Dubuque County and purchase of the County Property by City. 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 -de- scribed City Property by Special Warranty Deed to Dubuque County, Iowa. Section 2. The City Clerk is hereby author- ized 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 -de- scribed City Property, to be held on the 6th day of November 2023, at 6:30 o'clock p.m. at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa. Section 3. That the City Council hereby ap- proves the acquisition of the County Property. Section 4. That the City of Dubuque be and is hereby authorized to accept a Special War- ranty Deed from Dubuque County For the County Property. Section 5. 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, to- gether with a certified copy of this Resolution. Section 6. That the City Clerk be and is hereby directed to forward a copy of this Page 1215 of 2498 Book 153 Regular Session, October 16, 2023 400 Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved, and adopted this 16th day of October 2023. Brad Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk 3. Resolution of Necessity for the Proposed Urban Renewal Plan for the Emri Urban Re- newal District: Upon motion the documents were received and filed and Resolution No. 344-23 Authorizing and Directing the City Man- ager to Prepare an Urban Renewal Plan for the Emri Urban Renewal District and Setting the Date for a Public Hearing and Consultation on the Proposed Urban Renewal Plan for Said District was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on No- vember 20, 2023 in the Historic Federal Build- ing. RESOLUTION NO. 344-23 AUTHORIZING AND DIRECTING THE CITY MANAGER TO PREPARE AN URBAN RE- NEWAL PLAN FOR THE EMRI URBAN RE- NEWAL DISTRICT AND SETTING THE DATE FOR A PUBLIC HEARING AND CONSULTA- TION ON THE PROPOSED URBAN RE- NEWAL PLAN FOR SAID DISTRICT Whereas, the City Council has determined that the active development of vacant property for low-income and mixed -income housing is a beneficial use that will enhance the City's on- going economic development efforts; and Whereas, the City Council has determined that the area described in Section 1 below meets the definitions of an economic develop- ment area as defined in Chapter 403 "Urban Renewal" of the Iowa Code; and Whereas, a significant need for affordable and mixed -income housing units exists in the community and local resources are needed to advance the development; and Whereas, Iowa Code Chapter 403 requires that before urban renewal authority may be ex- ercised, the City Council must adopt a resolu- tion of necessity finding that the area in ques- tion is a slum, blighted or economic develop- ment area, and that so designating such area is necessary in the interest of the public health, safety, or welfare of the residents of the munic- ipality. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the following described area is an economic development area as de- fined by Chapter 403 of the Iowa Code and is appropriate for an urban renewal project, to wit: Lot 2 of Pizza Ranch Place, and all that part of the Right of Way of Radford Road adjacent to said Lot 2 All in the City of Dubuque, Iowa, hereinafter called the Emri Economic Development District. Section 2. That the development of the Emri Economic Development District is neces- sary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning and local community objectives. Section 3. That the development of the Emri Economic Development District will pro- vide new opportunities for quality housing in the community. Section 4. That the City Manager is author- ized and directed to prepare an Urban Renewal Plan for the Emri Economic Development Dis- trict, to forward said Plan to the City's Long Range Planning Commission for review and comment and to begin the consultation process required by law with affected taxing entities. Section 5. That the City Clerk is directed to publish notice of a public hearing on the adop- tion of an Urban Renewal Plan for the Emri Economic Development District to be held on the 20th day of November, 2023, at 6:30 p.m. in the form [provided] hereto. Section 6. That the City Clerk is further di- rected to send by ordinary mail a copy of the proposed Urban Renewal Plan, the notice of public hearing, a notice of consultation to the Dubuque Community School District Board of Education and Dubuque County Board of Su- pervisors, as the affected taxing entities. Passed, approved, and adopted this 16«' day of October, 2020. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk BOARDS/COMMISSIONS Applications were reviewed for the follow- ing Boards and Commissions. Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. 1. Investment Oversight Advisory Commis- sion: One, 3-Year Term through July 1, 2026 (Vacant Term of Lassance) Applicant: Daniel Garza, 2110 Rhomberg Ave. PUBLIC HEARINGS 1. Proof of publication on notice of public hearing to consider approval of a request from Derek Hays, The Annex Group to rezone prop- erty located at 1860 Hawthorne Street from CR Commercial Recreational to Planned Unit De- velopment with PR - Planned Residential des- ignation and Zoning Advisory Commission rec- ommending approval. Motion by Jones to re- ceive and file the documents and that the re- quirement that a proposed ordinance be con- sidered and voted on for passage at two Page 1216 of 2498 Book 153 Regular Session, October 16, 2023 401 Council meetings prior to the meeting at which customarily incidental and subordinate it is to be passed be suspended. Seconded by to the principal use it serves. Wethal. Motion carried 7-0. B. Lot and Bulk Regulations- Development of Planning Services Director Wally Werni- land in the PR Planned Residential District mont provided a staff presentation. Citizens: shall be regulated as follows: Robin Kennicker, Sandy Plumley, Monte 1. Buildings setbacks shall be located in Thorp, and Margaret Owens, all spoke in oppo- substantial conformance with the ap- sition to the proposed rezoning request. Rick proved conceptual development plan. Dickinson, President and CEO of Greater 2. Maximum building height of 50 ft. shall Dubuque Development Corp. and Darik Hase, be allowed in this Planned Residential Developer, each spoke in favor of the rezoning District. request. C. Performance Standards - The develop - Motion by Jones for final consideration and ment and maintenance of uses in this PR passage of Ordinance No. 45-23 Amending Ti- Planned Residential District shall be regu- tle 16 of the Unified Development Code of the lated as follows: City of Dubuque Code of Ordinances by Re- 1. Parking Regulations classifying the Hereinafter Described Property a. All vehicle -related features shall be Located Along Hawthorne Street and Kerper surfaced with either asphalt or con - Boulevard within the City of Dubuque from CR crete. Commercial Recreation to Planned Unit Devel- b. Curbing and proper surface drain- opment with PR -Planned Residential Designa- age of storm water shall be pro- tion. Seconded by Wethal. Motion carried 7-0. vided. c. All parking and loading spaces shall ORDINANCE NO. 45 - 23 be delineated on the surfacing ma - AMENDING TITLE 16 OF THE UNIFIED DE- terial by painted stripes or other per- VELOPMENT CODE OF THE CITY OF manent means. DUBUQUE CODE OF ORDINANCES BY RE- d. That total number of parking CLASSIFYING THE HEREINAFTER DE- spaces shall be provided in sub - SCRIBED PROPERTY LOCATED ALONG stantial compliance with the ap- HAWTHORNE STREET AND KERPER proved Conceptual Development BOULEVARD WITHIN THE CITY OF DUBU- Plan. The spaces may be a combi- QUE FROM CR COMMERCIAL RECREA- nation of off-street spaces and on- TION TO PLANNED UNIT DEVELOPMENT street spaces (Hawthorne Street) in WITH PR -PLANNED RESIDENTIAL DESIG- accordance with the approved Con - NATION ceptual Development Plan. NOW, THEREFORE, BE IT ORDAINED e. The size and design of parking BY THE CITY COUNCIL OF THE CITY OF spaces shall be governed by appli- DUBUQUE, IOWA: cable provisions of the Unified De - Section 1. That Title 16 of the Unified De- velopment Code Section 13-3 Site velopment Code of the City of Dubuque Code Development Regulations. of Ordinances is hereby amended by reclassi- f. The number, size, design, and loca- fying the hereinafter -described property from tion of parking spaces designated CR Commercial Recreation to Planned Unit for persons with disabilities shall be Development District with a PR Planned Resi- according to the local, state, or fed- dential District designation, and adopting a eral requirements in effect at the conceptual development plan, a copy of which time of development. is [provided] to and made a part hereof, is g. Bicycle parking shall be provided in hereby adopted and approved for the following accordance with the Unified Devel- described property, to wit: opment Code Section 14-9 Bicycle The portion of Lot 2 Block 2 of River Front Parking Required. Subdivision No. 3 and to the centerline of 2. Site Lighting the adjoining public right-of-way, all in the a. Exterior illumination of site features City of Dubuque, Iowa as shown in Ex- shall be limited to the illumination of hibit A. the following: A. Use Regulations - The following regula- i. Parking areas, driveways, and tions shall apply to all uses made of land in loading facilities. the above -described PR Planned Residen- ii. Pedestrian walkway surfaces tial District: and entrances to building. 1. Principal permitted use shall be limited iii. Building exterior. to two (2) four-story multi -family resi- b. Location and Design dential buildings containing a total of i. No light source shall provide illu- 201 residential units. mination onto adjacent lots, 2. Accessory uses shall include any use buildings, or streets in excess of Page 1217 of 2498 Book 153 Regular Session, October 16, 2023 402 1.0-foot candle. 6. Open Space - Open space in the PR ii. All exterior lighting luminaries Planned Residential District shall be shall be designed and installed provided in substantial compliance with to shield light from the luminar- the approved Conceptual Development ies at angles above 72-degrees Plan and Conceptual Landscape Plan. from vertical. 7. Platting - Subdivision plats and im- iii. Fixtures mounted on a building provement plans shall be submitted in shall not be positioned higher accordance with Article 11 Land Subdi- than the roofline of the building. vision, of the City of Dubuque Unified iv. All electrical service lines to Development Code. posts and fixtures shall be un- 8. Site Plans - Final site development derground and concealed inside plans shall be submitted in accordance the posts. with Article 12 Site Plans and Article 13 3. Landscaping - Landscaping shall be Site Design Standards prior to con - provided in substantial compliance with struction of each building and vehicle - the Conceptual Landscape Plan which related feature unless otherwise ex - is [provided] hereto. empted by Article 12. 4. Storm Water Management - The devel- D. Sign Regulations oper shall be responsible for providing 1. Signs in the Planned Residential Dis- surface or subsurface conveyance(s) of trict shall be regulated in accordance storm water from the lot to existing with the R-4 Multi -Family Residential storm sewers or to flow line of open Zoning District sign regulations, Section drainageways outside the lot in a 16-15-11.1 of the Unified Development means that is satisfactory to the Engi- Code. neering Department of the City of Dubu- 2. Variance requests from sign require- que. Other applicable regulations en- ments for size, number, and height shall forced by the City of Dubuque relative be reviewed by the Zoning Board of Ad - to storm water management and drain- justment in accordance with Section 16- age shall apply. 8-6 of the Unified Development Code. 5. Exterior Trash Collection Areas E. Other Codes and Regulations a. The storage of trash and debris 1. Service Lines. All electric, telephone, shall be limited to that produced by cable, or other similar utility lines serv- the principal permitted use and ac- ing the building and other site features cessory uses on the lot. shall be located underground. b. All exterior trash collection areas 2. The use of semi -trailers and shipping and the material contained therein containers for storage is prohibited. shall be visually screened from 3. These regulations do not relieve the view. The screening shall be com- owner from other applicable city, pletely opaque fence, wall, or other county, state, or federal codes, regula- feature not exceeding a height of 10 tions, laws, and other controls relative ft. measured from the ground level to the planning, construction, operation, outside the line of the screen. and management of property within the Screens built on sloping grades City of Dubuque. shall be stepped so that their top F. Transfer of Ownership - Transfer of own - line shall be horizontal. Exposed ership or lease of property in this PR materials used to construct the Planned Residential District shall include opaque screen shall be similar in the transfer or lease agreement a provision appearance to materials used for that the purchaser or lessee acknowledges exterior building walls. All exterior awareness of the conditions authorizing the entrances to a screened trash area establishment of the district. shall be provided with a gate or door G. Modifications - Any modifications of this of similar design to that of the Ordinance must be approved by the City screen. If a 10-foot height screen Council in accordance with zoning reclassi- fails to shield the exterior trash col- fication proceedings of Article 9-5 of the lection area from view from the ad- Unified Development Code. jacent public right-of-way and H. Occupancy Permits - No occupancy per - neighboring properties, evergreen mit shall be issued by the City of Dubuque plantings may be required in addi- for property included in the subject planned tion to the screening. Evergreen unit development district until full compli- plant material shall be selected and ance with this ordinance has been designed so that they screen the achieved. area from all off -site visibility within I. Recording - A copy of this ordinance shall five (5) years. be recorded at the expense of the property Page 1218 of 2498 Book 153 Regular Session, October 16, 2023 403 owner(s) with the Dubuque County Re- corder a permanent record of the condi- tions accepted as part of this reclassifica- tion 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 Advi- sory 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 16'h day of October 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 2. Proof of Publication on notice of public hearing to consider approving a Development Agreement by and between the City of Dubu- que, Iowa and Union at the Marina, LP provid- ing for the sale of city -owned real estate to Un- ion at the Marina, LP, and the issuance of Ur- ban Renewal Tax Increment Revenue Grant Obligations pursuant to the Development Agreement and City Manager recommending approval. Motion by Resnick to receive and file the documents and adopt Resolution No. 345- 23 Approving the Disposal of an Interest in Real Property Owned by the City of Dubuque by Sale Pursuant to a Development Agreement with Union at the Marina, LP. Seconded by Far- ber. Motion carried 7-0. RESOLUTION NO. 345-23 APPROVING THE DISPOSAL OF AN INTER- EST IN REAL PROPERTY OWNED BY THE CITY OF DUBUQUE BY SALE PURSUANT TO A DEVELOPMENT AGREEMENT WITH UNION AT THE MARINA, LP 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 de- scribed therein; and Whereas, the City of Dubuque, Iowa, is in- terested in stimulating reinvestment in the Greater Downtown Urban Renewal District; and Whereas, the Plan provides, among other things, for the disposition of properties for pri- vate development purposes; and Whereas, Union at the Marina, LP submit- ted to the City a proposal in the form of an offer to purchase (the "Development Agreement") for the purchase of certain City -owned real property hereinafter described ("the Property"), which Development Agreement proposes Un- ion at the Marina, LP will undertake the pur- chase of property located at the corner of Kerper Boulevard and Hawthorne Street as described therein, which Property is the real estate consisting of approximately 5.25 acres shown on Exhibit A, and which Development Agreement requests that this Property be made available for sale as rapidly as possible; and Whereas, Iowa Code Chapter 403 author- izes cities to dispose of property in furtherance of an urban renewal project and to take other actions as may be necessary to carry out the purposes of said Chapter, and the Plan simi- larly authorizes the City to dispose of property; and Whereas, in compliance with Iowa Code Section 403.8, and to the extent required by law, Iowa Code Section 364.7, the City Council has set forth its proposal to dispose of its inter- ests in the Property and the City Clerk pub- lished a notice on May 19, 2023 as required by law soliciting competitive proposals for the Property; and Whereas, as of 10:00 a.m. on October 16, 2023 the City Clerk received no competitive proposals for the Property; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to ap- prove the Development Agreement proposed by Union at the Marina, LP and the sale of the Property as provided in the Development Agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The Council finds that the trans- fer of the Property will promote the purposes of the urban renewal law, Iowa Code Ch. 403 in the City and, together with the other consider- ation provided for in the Agreement, that these benefits constitute fair value for the City's dis- posal of interests in the Property under Iowa Code Section 403.8. Section 2. The Development Agreement between the City and Union at the Marina, LP including the sale of the Property as provided therein, is hereby approved. Section 3. The Mayor is authorized and di- rected to execute said Development Agree- ment on behalf of the City of Dubuque. Passed, approved, and adopted this 16th day of October, 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 3. Proof of Publication on notice of public hearing to consider Fifth Amendment to Devel- opment Agreement by and between the City of Dubuque, Iowa and Port of Dubuque LLC and City Manager recommending approval. Motion by Roussell to receive and file the documents and adopt Resolution No. 346-23 Approving the Fifth Amendment to Development Agree- ment Between the City of Dubuque, Iowa, and Port of Dubuque LLC, Including the Proposed Page 1219 of 2498 Book 153 Regular Session, October 16, 2023 404 Issuance of Urban Renewal Tax Increment Revenue Obligations Relating Thereto, and Providing for the Publication of Notice Thereof. Economic Development Director Jill Connors responded to questions from the Council. Se- conded by Sprank. Motion carried 7-0. RESOLUTION NO. 346-23 APPROVING THE FIFTH AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND PORT OF DUBUQUE LLC, INCLUDING THE PRO- POSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS RELATING THERETO, 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, which provided among other things for the issuance of urban renewal tax increment revenue grant obligations (the Grants); and Whereas, Merge, LLC assigned the Devel- opment Agreement to Port of Dubuque, LLC on the 13th day of February, 2020, with the con- sent of City; and Whereas, City and Port of Dubuque, LLC. now desire to further amend the Development Agreement as set forth in the [provided] Fifth 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 Fifth Amendment to De- velopment Agreement; and Whereas, before said Fifth Amendment may be approved, Chapter 403 of the Code of Iowa requires that the City Clerk publish a no- tice of the proposal and of the time and place of the meeting at which the City Council pro- poses 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. That the Fifth Amendment to De- velopment Agreement by and Between the City of Dubuque, Iowa and Port of Dubuque LLC, a copy of which is [provided] hereto, including the issuance of Urban Renewal Tax Increment Revenue Obligations, is hereby approved. Section 2. That the Mayor is hereby author- ized and directed to execute the Fifth Amend- ment to Development Agreement on behalf of the City of Dubuque and the City Clerk is au- thorized to attest to his signature. Section 3. That the City Manager is author- ized to take such actions as are necessary to comply with the terms of the Fifth Amendment to Development Agreement as herein ap- proved. Passed, approved, and adopted this 16th day of October, 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 4. Proof of Publication on notice of public hearing to consider the First Amendment to Grant Agreement with Nia Neighborhoods Op- portunity Zone Fund, LLC and City Manager recommending approval. Motion by Roussell to receive and file the documents and adopt Res- olution No. 347-23 Approving a First Amend- ment to Grant Agreement by and Between the City of Dubuque, Iowa, and Nia Neighborhoods Opportunity Zone Fund, LLC Including the Is- suance of Urban Tax Increment Revenue Obli- gations. Seconded by Farber. Motion carried 7- 0. RESOLUTION NO. 347-23 APPROVING A FIRST AMENDMENT TO GRANT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA, AND NIA NEIGHBORHOODS OPPORTUNITY ZONE FUND, LLC INCLUDING THE ISSUANCE OF URBAN TAX INCREMENT REVENUE OBLI- GATIONS whereas, the City of Dubuque and Nia Neighborhoods Opportunity Zone Fund, LLC, entered into a Grant Agreement dated August 7, 2023; and whereas, the City Council, by Resolution No. 328-23, dated October 2, 2023, declared its intent to approve a First Amendment to Grant Agreement by and between the City of Dubuque, Iowa, and Nia Neighborhoods Op- portunity Zone Fund, LLC, including the issu- ance of Urban Renewal Tax Increment Reve- nue Obligations; and Whereas, pursuant to published notice, a public hearing was held on the proposed First Amendment to Grant Agreement on October 16, 2023 at 6:30 p.m.; and Whereas, it is the determination of the City Council that approval of the First Amendment to Grant Agreement for redevelopment of the 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 First Amendment to Grant Agreement by and between the City of Dubuque, Iowa, and Nia Neighborhoods Op- portunity Zone Fund, LLC, a copy of which is [provided] hereto, including the issuance of Ur- ban Renewal Tax Increment Revenue Obliga- tions, is hereby approved. Page 1220 of 2498 Book 153 Regular Session, October 16, 2023 405 Section 2. That the Mayor is hereby author- ized and directed to execute the First 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 author- ized to take such actions as are necessary to comply with the terms of the First Amendment to Agreement as herein approved. Passed, approved, and adopted this 16th day of October, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Proof of Publication on notice of public hearing to consider Fiscal Year 2024 First Budget Amendment and City Manager recom- mending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 348-23 Amending the Current Budget for Fiscal Year Ending June 2024 (As Last Certi- fied or Amended on 3-23-23). Seconded by Sprank. Motion carried 7-0. Continued on Next Page Page 1221 of 2498 Book 153 Regular Session, October 16, 2023 406 NOTICE OF PUBLIC HEAR- ING - AMENDMENT OF CUR- RENT BUDGET City of DUBUQUE Fiscal Year July 1, 2023 - June 30, 2024 The City of DUBUQUE will conduct a public hearing for the purpose of amending the current budget for fiscal year ending June 30, 2024 Meeting Date/Time: 10/16/2023 06:30 PM Contact: Laura Bendorf Phone: (563) 589-4398 Meeting Location: City Council Chambers at Historic Federal Building, 350 W 6`h Street, Dubuque, Iowa There will be no increase in taxes. Any residents or taxpayers will be heard for or against the proposed amend- ment at the time and place specified above. A detailed statement of: additional receipts, cash balances on hand at the close of the preceding fiscal year, and proposed disbursements, both past and anticipated, will be availa- ble at the hearing. Budget amendments are subject to protest. If protest petition requirements are met, the State Appeal Board will hold a local hearing. For more information, consult htt s:Hdom.iowa. ov/local- ov-a eats. REVENUES & OTHER FINANCING SOURCES otal Budget as Certified or Last mended Current Amend- ment Total Budget Af- ter Current Amendment Taxes Levied on Property 1 25,929,410 0 25,929,410 Less: Uncollected Delinquent Taxes - Levy Year 2 0 0 0 Net Current Property Tax 3 25,929,410 0 25,929,410 Delinquent Property Tax Revenue 4 0 0 0 IF Revenues 5 12,193,208 0 12,193,208 Other City Taxes 6 23,073,236 0 23,073,236 Licenses & Permits 7 2,355,200 0 2,355,200 Use of Money & Property 8 18,109,883 0 18,109,883 Intergovernmental 9 40,073,624 33,897,169 73,970,793 Charges for Service 10 53,878,113 0 53,878,113 special Assessments 11 115,000 0 115,000 Miscellaneous 12 10,386,697 2,803,734 13,190,431 Other Financing Sources 13 26,001,671 17,789,211 43,790,882 Transfers In 14 40,819,033 37,263,512 78,082,545 Total Revenues & Other Sources 15 252,935,075 91,753,626 344,688,701 EXPENDITURES & OTHER FINANCING USES Public Safety 16 36,714,028 2,197,654 38,911,682 Public Works 17 15,362,227 2,842,193 18,204,420 Health and Social Services 18 870,448 42,800 913,248 Culture and Recreation 19 16,757,148 3,336,236 20,093,384 Community and Economic Development 20 16,403,349 2,557,306 18,960,655 General Government 21 13,945,336 2,610,118 16,555,454 Debt Service 22 13,007,373 0 13,007,373 Capital Projects 23 48,561,659 105,188,281 153,749,940 Total Government Activities Expenditures 24 161,621,568 118,774,588 280,396,156 Business Type/Enterprise 5 75,616,851 38,142,467 113,759,318 Total Gov Activities & Business Expenditures 26 237,238,419 156,917,055 394,155,474 Transfers Out 27 40,819,033 37,263,512 78,082,545 Total Expenditures/Transfers Out 28 278,057,452 194,180,567 472,238,019 Excess Revenues & Other Sources Over (Under) Expenditures/Transfers Out 9 -25,122,377 -102,426,941 -127,549,318 Beginning Fund Balance July 1, 2023 30 70,063,956 182,122,223 252,186,179 Ending Fund Balance June 30, 2024 31 44,941,579 79,695,282 124,636,861 Explanation of Changes: This amendment adds capital budget carryovers of $121,310,018 & associated reve- nue of $50,407,497 & encumbrance carryovers of $31,298,728 (continuing appropriation authority). Adds operat- ing budget carryovers of $8,225,947 & associated revenue of $2,579,901, requiring a formal amendment. Also included is $2,924,062 decrease in capital expense. Capital revenue increase of $615,208. Operating expense decrease of $315,576 and operating revenue increase of $887,508. Interfund transfers of $37,263,512. Page 1222 of 2498 Book 153 Regular Session, October 16, 2023 407 PUBLIC INPUT Jenny Peterson Brant spoke regarding ac- tion item no. 4. Americans for the Arts' Arts & Economic Prosperity VI Study Results Notifica- tion. ACTION ITEMS 1. Public Health Director Mary Rose Corri- gan presented information on current COVID- 19 strains along with updates on other com- municable diseases and public health issues of interest for Fall, 2023. Motion by Resnick to re- ceive and file the documents and listen to presentation. Seconded by Jones. Motion car- ried 7-0. 2. U.S. Hwy 20 and Devon Dr. Frontage Road Project Awarded to Midwest Concrete, Inc. for $17,879.44. Motion by Roussell to re- ceive and file the documents and adopt Reso- lution No. 349-23 Awarding Public Improve- ment Construction Contract for the U.S. Hwy 20 and Devon Drive Frontage Road Project. Seconded by Sprank. Motion carried 7-0. RESOLUTION NO. 349-23 AWARDING PUBLIC IMPROVEMENT CON- STRUCTION CONTRACT FOR THE U.S. HWY 20 AND DEVON DRIVE FRONTAGE ROAD PROJECT Whereas, sealed informal proposals have been submitted by contractors for the U.S. Hwy 20 and Devon Drive Frontage Road Project., (the Project) and Notice to Bidders published on the City of Dubuque, Iowa website on the 2"d day of October 2023; and Whereas, said sealed proposals were opened and read on the 6th day of October 2023 and it has been determined that Midwest Concrete, Inc. of Peosta, IA submitted the low bid in the amount of $17,879.44, and is the low- est responsive, responsible bidder for the Pro- ject. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That a Public Improvement Con- struction Contract for the Project is hereby awarded to Midwest Concrete, Inc. and the City Manager is hereby directed to execute a Public Improvement Construction Contract on behalf of the City of Dubuque for the Project. Passed, adopted, and approved this 16th day of October, 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 3. Sustainable Dubuque Community Grant Program Recommendation Round 28 at a total funding amount of $9,950.00. Motion by Sprank to receive and file the documents and adopt Resolution No. 350-23 Awarding Sus- tainable Dubuque Grant to Bryant Elementary and Resolution No. 351-23 Awarding Sustain- able Dubuque Grant to Danielle Stowell and Resolution No. 352-23 Awarding Sustainable Dubuque Grant to Dubuque Community School District and Resolution No. 353-23 Awarding Sustainable Dubuque Grant to Dubu- que Rescue Mission Garden. Seconded by Wethal. Motion carried 7-0. RESOLUTION NO. 350 - 23 AWARDING SUSTAINABLE DUBUQUE GRANT TO BRYANT ELEMENTARY Whereas, the City Council adopts goals on an annual basis; and Whereas, sustainability first appeared as a City Council goal in 2006; and Whereas, in 2010 the City Council adopted the Dubuque Greenhouse Gas (GHG) Inven- tory, the first step in developing a Climate Ac- tion Plan (CAP) for Dubuque; and Whereas, the inventory measured gases emitted by City operations for the baseline year 2003, and again for 2007, and predicted future emissions if business as usual occurred, and provided the City a tool to set emission reduc- tion targets to improve and maintain healthy air quality; and Whereas, a 2014 update to the GHG inven- tory revealed that the community had reduced their GHG emissions 11 % since 2003, and Whereas, the 2019 update to the GHG in- ventory reported a 27% reduction in GHG emissions since 2003; and Whereas, the City Council adopted "The 50% by 2030 Plan" in 2013, and updated the plan in 2020, as a non -binding, voluntary effort to identify opportunities to reduce Dubuque's community greenhouse gas emissions; and Whereas, The 50% by 2030 Plan is used in the following ways: • Informing officials during goal -setting and budget decisions, • Informing businesses and individuals about potential emission and cost - saving options, • Showcasing success stories, • Providing a roadmap that can be added to or adjusted, and • Exposing from where Dubuque's GHG emissions really come; and Whereas, sustainability has remained a goal; and Whereas, the City Council in 2022 reaf- firmed its commitment to sustainability by adopting the specific goal, "Sustainable Envi- ronment: Preserving and Enhancing Natural Resources"; and Whereas, the City Council in 2022 reaf- firmed its commitment to sustainability through partnerships by adopting the specific goal, Page 1223 of 2498 Book 153 Regular Session, October 16, 2023 408 "Partnership for a Better Dubuque: Building Our Community that is Viable, Livable, and Eq- uitable"; and Whereas, the City Council in 2022 reaf- firmed its commitment to sustainability by adopting the specific goal, Livable Neighbor- hoods and Housing: Great Place to Live"; and Whereas, the Sustainable Dubuque Grant program is the intersection of the City's goals related to sustainability, equity, viability, part- nerships, and the creation of housing, which is livable, affordable, and sustainable; and Whereas, the Sustainable Dubuque Grant program meets the needs of the Dubuque com- munity's vision for sustainability; and Whereas, efforts which address a Sustain- able Dubuque principle and offer a community engagement activity or community education activity benefit the entirety of the community and the specifically adopted goals of the City Council; and Whereas, the grant recipients shall pur- chase native plants, trees, and garden materi- als to create new educational and environmen- tally friendly spaces for hands-on learning op- portunities; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to fur- ther sustainability efforts in the community for the benefit of all residents and visitors. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby awards a Sustainable Dubuque Grant to Bryant Ele- mentary. Section 2. The City Manager or his de- signee shall enter into a grant agreement with Bryant Elementary and shall ensure compli- ance with the grant agreement pursuant to Iowa Code and the grant award requirements. Passed, approved, and adopted this 16t" day of October 2023. Brad Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk RESOLUTION NO. 351 - 23 AWARDING SUSTAINABLE DUBUQUE GRANT TO DANIELLE STOWELL Whereas, the City Council adopts goals on an annual basis; and Whereas, sustainability first appeared as a City Council goal in 2006; and Whereas, in 2010 the City Council adopted the Dubuque Greenhouse Gas (GHG) Inven- tory, the first step in developing a Climate Ac- tion Plan (CAP) for Dubuque; and Whereas, the inventory measured gases emitted by City operations for the baseline year 2003, and again for 2007, and predicted future emissions if business as usual occurred, and provided the City a tool to set emission reduc- tion targets to improve and maintain healthy air quality; and Whereas, a 2014 update to the GHG inven- tory revealed that the community had reduced their GHG emissions 11 % since 2003, and Whereas, the 2019 update to the GHG in- ventory reported a 27% reduction in GHG emissions since 2003; and Whereas, the City Council adopted "The 50% by 2030 Plan" in 2013, and updated the plan in 2020, as a non -binding, voluntary effort to identify opportunities to reduce Dubuque's community greenhouse gas emissions; and Whereas, The 50% by 2030 Plan is used in the following ways: • Informing officials during goal -setting and budget decisions, • Informing businesses and individuals about potential emission and cost - saving options, • Showcasing success stories, • Providing a roadmap that can be added to or adjusted, and • Exposing from where Dubuque's GHG emissions really come; and Whereas, sustainability has remained a goal; and Whereas, the City Council in 2022 reaf- firmed its commitment to sustainability by adopting the specific goal, "Sustainable Envi- ronment: Preserving and Enhancing Natural Resources"; and Whereas, the City Council in 2022 reaf- firmed its commitment to sustainability through partnerships by adopting the specific goal, "Partnership for a Better Dubuque: Building Our Community that is Viable, Livable, and Eq- uitable"; and Whereas, the City Council in 2022 reaf- firmed its commitment to sustainability by adopting the specific goal, Livable Neighbor- hoods and Housing: Great Place to Live"; and Whereas, the Sustainable Dubuque Grant program is the intersection of the City's goals related to sustainability, equity, viability, part- nerships, and the creation of housing, which is livable, affordable, and sustainable; and Whereas, the Sustainable Dubuque Grant program meets the needs of the Dubuque com- munity's vision for sustainability; and Whereas, efforts which address a Sustain- able Dubuque principle and offer a community engagement activity or community education activity benefit the entirety of the community and the specifically adopted goals of the City Council; and Whereas, the grant recipients shall create a 501 c3 entity to serve as a fiscal sponsor for local food and farm entrepreneurs to receive charitable funds by purchasing and filing a tax- exempt application and brand design and ad- ministration costs; and Page 1224 of 2498 Book 153 Regular Session, October 16, 2023 409 Whereas, the City Council believes it is in the best interest of the City of Dubuque to fur- ther sustainability efforts in the community for the benefit of all residents and visitors. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby awards a Sustainable Dubuque Grant to Danielle Stowell. Section 2. The City Manager or his de- signee shall enter into a grant agreement with Danielle Stowell and shall ensure compliance with the grant agreement pursuant to Iowa Code and the grant award requirements. Passed, approved, and adopted this 16th day of October 2023. Brad Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk RESOLUTION NO. 352- 23 AWARDING SUSTAINABLE DUBUQUE GRANT TO DUBUQUE COMMUNITY SCHOOL DISTRICT Whereas, the City Council adopts goals on an annual basis; and Whereas, sustainability first appeared as a City Council goal in 2006; and Whereas, in 2010 the City Council adopted the Dubuque Greenhouse Gas (GHG) Inven- tory, the first step in developing a Climate Ac- tion Plan (CAP) for Dubuque; and Whereas, the inventory measured gases emitted by City operations for the baseline year 2003, and again for 2007, and predicted future emissions if business as usual occurred, and provided the City a tool to set emission reduc- tion targets to improve and maintain healthy air quality; and Whereas, a 2014 update to the GHG inven- tory revealed that the community had reduced their GHG emissions 11 % since 2003, and Whereas, the 2019 update to the GHG in- ventory reported a 27% reduction in GHG emissions since 2003; and Whereas, the City Council adopted "The 50% by 2030 Plan" in 2013, and updated the plan in 2020, as a non -binding, voluntary effort to identify opportunities to reduce Dubuque's community greenhouse gas emissions; and Whereas, The 50% by 2030 Plan is used in the following ways: • Informing officials during goal -setting and budget decisions, • Informing businesses and individuals about potential emission and cost - saving options, • Showcasing success stories, • Providing a roadmap that can be added to or adjusted, and • Exposing from where Dubuque's GHG emissions really come; and Whereas, sustainability has remained a goal; and Whereas, the City Council in 2022 reaf- firmed its commitment to sustainability by adopting the specific goal, "Sustainable Envi- ronment: Preserving and Enhancing Natural Resources"; and Whereas, the City Council in 2022 reaf- firmed its commitment to sustainability through partnerships by adopting the specific goal, "Partnership for a Better Dubuque: Building Our Community that is Viable, Livable, and Eq- uitable"; and Whereas, the City Council in 2022 reaf- firmed its commitment to sustainability by adopting the specific goal, Livable Neighbor- hoods and Housing: Great Place to Live"; and Whereas, the Sustainable Dubuque Grant program is the intersection of the City's goals related to sustainability, equity, viability, part- nerships, and the creation of housing, which is livable, affordable, and sustainable; and Whereas, the Sustainable Dubuque Grant program meets the needs of the Dubuque com- munity's vision for sustainability; and Whereas, efforts which address a Sustain- able Dubuque principle and offer a community engagement activity or community education activity benefit the entirety of the community and the specifically adopted goals of the City Council; and Whereas, the grant recipients shall pur- chase fourteen handheld air quality monitors to foster education and independent research on the impacts of air quality on human health; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to fur- ther sustainability efforts in the community for the benefit of all residents and visitors. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby awards a Sustainable Dubuque Grant to the Dubuque Community School District. Section 2. The City Manager or his de- signee shall enter into a grant agreement with the Dubuque Community School District and shall ensure compliance with the grant agree- ment pursuant to Iowa Code and the grant award requirements. Passed, approved, and adopted this 16th day of October 2023. Brad Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk RESOLUTION NO. 353 - 23 AWARDING SUSTAINABLE DUBUQUE GRANT TO DUBUQUE RESCUE MISSION GARDEN Whereas, the City Council adopts goals on an annual basis; and Whereas, sustainability first appeared as a Page 1225 of 2498 Book 153 Regular Session, October 16, 2023 410 City Council goal in 2006; and Whereas, in 2010 the City Council adopted the Dubuque Greenhouse Gas (GHG) Inven- tory, the first step in developing a Climate Ac- tion Plan (CAP) for Dubuque; and Whereas, the inventory measured gases emitted by City operations for the baseline year 2003, and again for 2007, and predicted future emissions if business as usual occurred, and provided the City a tool to set emission reduc- tion targets to improve and maintain healthy air quality; and Whereas, a 2014 update to the GHG inven- tory revealed that the community had reduced their GHG emissions 11 % since 2003, and Whereas, the 2019 update to the GHG in- ventory reported a 27% reduction in GHG emissions since 2003; and Whereas, the City Council adopted "The 50% by 2030 Plan" in 2013, and updated the plan in 2020, as a non -binding, voluntary effort to identify opportunities to reduce Dubuque's community greenhouse gas emissions; and Whereas, The 50% by 2030 Plan is used in the following ways: • Informing officials during goal -setting and budget decisions, • Informing businesses and individuals about potential emission and cost - saving options, • Showcasing success stories, • Providing a roadmap that can be added to or adjusted, and • Exposing from where Dubuque's GHG emissions really come; and Whereas, sustainability has remained a goal; and Whereas, the City Council in 2022 reaf- firmed its commitment to sustainability by adopting the specific goal, "Sustainable Envi- ronment: Preserving and Enhancing Natural Resources"; and Whereas, the City Council in 2022 reaf- firmed its commitment to sustainability through partnerships by adopting the specific goal, "Partnership for a Better Dubuque: Building Our Community that is Viable, Livable, and Eq- uitable"; and Whereas, the City Council in 2022 reaf- firmed its commitment to sustainability by adopting the specific goal, Livable Neighbor- hoods and Housing: Great Place to Live"; and Whereas, the Sustainable Dubuque Grant program is the intersection of the City's goals related to sustainability, equity, viability, part- nerships, and the creation of housing, which is livable, affordable, and sustainable; and Whereas, the Sustainable Dubuque Grant program meets the needs of the Dubuque com- munity's vision for sustainability; and Whereas, efforts which address a Sustain- able Dubuque principle and offer a community engagement activity or community education activity benefit the entirety of the community and the specifically adopted goals of the City Council; and Whereas, the grant recipients shall pur- chase concrete pavers and installation materi- als for the greenhouse to deter pests and retain heat, creating a more environmental and eco- nomical solution to increase food capacity; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to fur- ther sustainability efforts in the community for the benefit of all residents and visitors. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby awards a Sustainable Dubuque Grant to Dubuque Rescue Mission Garden. Section 2. The City Manager or his de- signee shall enter into a grant agreement with Dubuque Rescue Mission Garden and shall ensure compliance with the grant agreement pursuant to Iowa Code and the grant award re- quirements. Passed, approved, and adopted this 16«' day of October 2023. Brad Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk 4. Americans for the Arts' Arts & Economic Prosperity VI Study Results Notification: Mo- tion by Roussell to receive and file the docu- ments. Seconded by Wethal. Motion carried 7- 0. 5. Cori Burbach, Assistant City Manager of Dubuque IA, recently received the Creden- tialed Manager designation from ICMA, the In- ternational City/County Management Associa- tion. Motion by Roussell to receive and file the documents and congratulate. Seconded by Sprank. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Sprank attended the 3rd annual Black Business Expo, Fashion Show at the Q Casino. Attended a Community Day at Chaplain Schmitt Island hosted by the Dubu- que Racing Association (DRA). Council Member Jones was a customer who had to get a sewer line replaced and com- plimented staff on their knowledge and profes- sionalism. Additionally reported that former Mayor Roy Buol was impressed with the Devel- oping Dubuque video series created by Multi- media Specialist Felicia Carner and starring current Mayor Brad Cavanagh. Council Member Wethal attended Central Curb Staging Storefronts event. Council Member Farber also attended the Central Curb Staging Storefronts event. Page 1226 of 2498 Book 153 Special Session, November 6, 2023 411 Council Member Resnick reminded every- one that this is the 65th anniversary of the Dubuque Symphony Orchestra. Council Member Roussell attended the De- veloper's Roundtable and thanked the League of Women Voters for sponsoring a recent can- didate forum. Council Member Cavanagh attended the graduation of City Life Class in Spanish. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 9:13 p.m. to discuss Pending Litigation and Purchase or Sale of Real Estate — Chapter 21.5(1) (a), (c), 0) Code of Iowa. Seconded by Resnick. Motion carried 7-0. The Mayor stated for the record that the at- torney who will consult with City Council on the issues to be discussed in the closed session is City Attorney Brumwell. There being no further business, Mayor Cavanagh declared the meeting adjourned at 9:46 p.m. /s/Trish Gleason, Assistant City Clerk 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 His- toric Federal Building, 350 W. 6th Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attor- ney 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 Devel- oper's Roundtable. WORK SESSION Developer's Roundtable Update Developer's Roundtable Facilitator Dave Lyons of Greater Dubuque Development Cor- poration and Planning Services Director Wally Wernimont provided an update on the Devel- oper'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. Re- sponding to a question, City Attorney 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 productive and ongoing process. City Council Members also mentioned some of the factors they per- ceived as necessary for growth, including com- munity 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 Page 1227 of 2498 Book 153 Regular Session, November 6, 2023 412 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 His- toric Federal Building, 350 W. 6"' Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attor- ney Brumwell. Mayor Cavanagh read the call and stated this is a regular session of the City Council called for the purpose of conducting such busi- ness that may properly come before the City Council. PLEDGE OF ALLEGIANCE PROCLAMATION(S) 1. Hospice and Palliative Care Month (No- vember 2023) was accepted by Carole Carroll on behalf of Hospice of Dubuque. 2. National Apprenticeship Week (Novem- ber 13-19, 2023) was accepted by Tom Town- send on behalf of the Dubuque Building and Construction Trades Council. 3. Pancreatic Cancer Awareness Day (No- vember 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 Res- nick to receive and file the documents, adopt the resolutions, and dispose of as indicated ex- cept for Item No. 11. Seconded by Farber. Mo- tion 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; Lau- fenberg and Larson Properties LLC for prop- erty damage; Smokestack - Susan Price for property damage. Upon motion the documents were received, filed, and referred to the City At- torney. 3. Disposition of Claims: City Attorney ad- vised that the following claims have been re- ferred 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 docu- ments were received, filed, and concurred. 4. Appeal of Claim by James Hauber: Sen- ior Counsel recommended denial of an appeal of a claim against the City filed by James Hau- ber for property damage. Upon motion the doc- uments were received, filed, and concurred. 5. Approval of City Expenditures: Upon mo- tion 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 procedures was adopted. RESOLUTION NO. 354-23 AUTHORIZING THE CHIEF FINANCIAL OF- FICER / CITY TREASURER TO MAKE CER- TAIN 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 gen- erally accepted internal control procedures and have been determined to have been requisi- tioned for a lawful municipal purpose; and Whereas, the Chief Financial Officer -City Treasurer has provided a list of Expenditures [provided] 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 Fi- nancial Officer -City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is [provided] 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 pay- ment for goods and services provided for City purposes in response to the purchase orders and contracts issued in compliance with state Page 1228 of 2498 Book 153 Regular Session, November 6, 2023 413 and municipal code requirements as requested by designated requisitioning authorities in ac- cordance with approved budget appropria- tions. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Chief Fi- nancial Officer are hereby authorized and di- rected to provide the statement of receipts and disbursements to the City Council, and to pub- lish 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 Reorganiza- tion: Upon motion the documents were re- ceived and filed, and Resolution No. 355-23 Approving the Third Amendment to the Eco- nomic Development Financial Assistance Con- tract by and among Medline Industries, Inc., MIRE 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 FINAN- CIAL ASSISTANCE CONTRACT BY AND AMONG MEDLINE INDUSTRIES, INC., MIRE DIA, LLC, THE CITY OF DUBUQUE, IOWA, AND THE IOWA ECONOMIC DEVELOP- MENT AUTHORITY Whereas, Medline Industries, Inc., MIRE DIA, LLC (Medline) and the City of Dubuque (City) entered into an Economic Development Financial Assistance Contract (the Contract) with the 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 ex- tend 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 Pro- ject Completion date; and Whereas, the parties agree a Third Amend- ment is necessary and desire to amend the Contract as set forth in the [provided] Contract Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Third Amendment to Con- tract 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 Amend- ment to Contract to the Iowa Economic Devel- opment Authority together with such other doc- uments as may be required. Passed, approved, and adopted on this 6"' day of November, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7. 2023 — Q4 Update on Childcare Chal- lenges and Collaborations: City Manager shared a quarterly update on the status of col- laboration efforts among partners in Dubuque to address a need for sufficient quality, afford- able childcare options in the community. Upon motion the documents were received and filed. 8. Approving a Sixth Amendment to Devel- opment Agreement Between the City of Dubu- que 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 be- tween 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 Agree- ment dated November 18, 2019 with respect to the matters specified therein, as amended; and Whereas, Merge, LLC assigned the Devel- opment Agreement to Port of Dubuque LLC with the consent of the City; and Whereas, the parties desire to further mod- ify the Development Agreement as set out in the Sixth Amendment to Development Agree- ment [provided] 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 Devel- opment 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 9. Development Agreement between the City of Dubuque and Merge, LLC: Resolution Approving the Reservation of Easements by Page 1229 of 2498 Book 153 Regular Session, November 6, 2023 414 the City of Dubuque, Iowa: Upon motion the documents were received and filed, and Reso- lution No. 357-23 Approving the Reservation of Easements by the City of Dubuque, Iowa in connection with a Development Agreement be- tween the City of Dubuque and Merge, LLC was adopted. 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 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 Prop- erty); and Whereas, City and Merge, LLC entered into that certain Development Agreement dated November 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 [provided] Reservation of Easements by the City of Dubuque, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The Reservation of Easements by the City of Dubuque, lowa.is hereby ap- proved. Section 2. The City Clerk is hereby author- ized and directed to record the Reservation of Easements by the City of Dubuque, Iowa with the Dubuque County Recorder. Passed, approved, and adopted this 6"' day of November, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 10. First Amendment to Purchase Agree- ment 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 Approv- ing the First Amendment to Purchase Agree- ment and Development 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 MA- RINA, 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 prop- erty located in the City of Dubuque, Iowa, as further described in the Agreement (the "Prop- erty"); and Whereas, the Agreement provided that the Parties would enter into an Amendment to in- corporate 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 County, Iowa as File 2023-00009853, now legally de- scribed 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 Ma- rina, LP now desire to amend the Agreement to incorporate the legal description of the Prop- erty as set forth in the [provided] First Amend- ment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the First Amendment is hereby approved. Section 2. The City Manager is hereby au- thorized and directed to sign the First Amend- ment on behalf of the City of Dubuque. Passed, approved, and adopted this 6"' day of November, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 11. Contracted Services Agreement - Cres- cent 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 Tern Wethal requested the vote on the item be called, with the vote passing 6-0 with ab- stention from Cavanagh. City Attorney Brum- well 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 Pur- chase 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. Page 1230 of 2498 Book 153 Regular Session, November 6, 2023 415 RESOLUTION NO. 359-23 APPROVING AN OFFER TO BUY REAL ES- TATE AND ACCEPTANCE FOR THE PUR- CHASE BY THE CITY OF DUBUQUE, IOWA OF REAL PROPERTY OWNED BY DUBU- QUE 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 Addition in the City of Dubu- que, Iowa (the County Property); and Whereas, City and Dubuque County have entered into the Purchase Agreement a copy of which is [provided] hereto, subject to the ap- proval of the City Council of the City of Dubu- que, 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 Agree- ment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, 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 War- ranty 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, to- gether with a certified copy of this Resolution. Section 4. That the City Clerk be and is hereby directed to forward a copy of this Reso- lution 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 Es- tate and Acceptance. Passed, approved, and adopted on this 6t" day of November, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 13. Kwik Trip, Inc. Property Right of Way Plat and Dedication —Roundabout Improve- ments Project at the Intersection of Kerper Boulevard and Kerper Court: Upon motion the documents were received and filed, and Reso- lution 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 pre- pared by The City of Dubuque Engineering De- partment 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 Engi- neering 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 Dubuque, Iowa, for Right of Way for street and utility purposes, as it appears on said Acquisi- tion Plat, be and the same are hereby ac- cepted. 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 61' 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, Dubu- que, Iowa Tamarack Sanitary Sewer Extension Project: Upon motion the documents were re- ceived and filed, and 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 was adopted. RESOLUTION NO. 361-23 ACCEPTING GRANTS OF EASEMENT FOR SANITARY SEWER UTILITY THROUGH, OVER AND ACROSS PARTS OF TAMA- RACK SUBDIVISION AND PARTS OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5T" P.M., IN DUBUQUE COUNTY, IOWA Page 1231 of 2498 Book 153 Regular Session, November 6, 2023 416 Whereas, Jon D. Luckstead, has executed a Grant of Easement for Sanitary Sewer Utility through, over and across Part of Lot D of Tam- arack S.E. Fourth Subdivision, Plat of Lot 8 and D and Part of Lot 1 of 2 in the Northeast Quar- ter of the Southeast Quarter of Section 14, Township 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 County, Iowa; and Whereas, Jon D. Luckstead, has executed a Grant of Easement for Sanitary Sewer Utility through, over and across Part of Lot D of Tam- arack 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 Section 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. Luck - stead, copies of which are [provided] 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 author- ized 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. Department 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 Agreement 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 DEPARTMENT OF THE ARMY TO COL- LABORATE ON STABILIZATION AND PRO- TECTION 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 Pro- gram — 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 Develop- ment 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. De- partment of the Army that authorizes the U.S. Army Corps of Engineers to proceed with de- signing and constructing the Force Main Stabi- lization 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 Stabiliza- tion Project; and Whereas, the U.S. Department of the Army has provided Amendment No. 1 to the agree- ment that includes the sanitary sewer joint re- pairs as part of the project; and Whereas, it is in the best interest of the City to execute Amendment No. 1 to the agree- ment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The Mayor is hereby authorized and di- rected to sign Amendment No. 1 to the agree- ment with the U.S. Department of the Army for the Force Main Stabilization Project. Passed, approved, and adopted this 6th day of November 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 16. Signed Contract(s): Professional Ser- vices Agreement with WHKS & Co. for the Ea- gle Valley, Westbrook, & English Ridge Subdi- vision Park Design, Development, and Con- struction Management Services. Upon motion the documents were received and filed. 17. Improvement Contracts / Performance, Payment, and Maintenance Bonds: Midwest Concrete, Inc. for the US HWY 20 & Devon Dr. Frontage Road Closure; Tschiggfrie Excavat- ing Co. for the Althauser St. Retaining Wall Re- pair Project; Tschiggfrie Excavating Co. for the Maus Park Lake Pump Station Culvert Repair. Upon motion the documents were received, filed, and approved. Page 1232 of 2498 Book 153 Regular Session, November 6, 2023 417 18. Community Development Block Grant (CDBG) Subrecipient Agreement — Four Mounds Foundation Build Dubuque Vocational Training: Upon motion the documents were re- ceived 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 SUB - RECIPIENT AGREEMENT WITH FOUR MOUNDS FOUNDATION Whereas, the Four Mounds Foundation program expansion proposes to provide a pub- lic 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 services; and Whereas, a Categorically Excluded Not Subject to Review with 24 CFR Part 58.5 Envi- ronmental Review has been completed, and no compliance or consultation with regulatory au- thorities were found to be required; and Whereas, all services provided will be to a minimum of 51 % low/moderate income resi- dents, 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 DUBUQUE, 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 designate the City Manager or the Housing and Community Development Department Director to execute said Agreement and related docu- ments on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 6t" day of November 2023. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 19. Pre -annexation Agreement — Andrew & Samantha Schumacher: Upon motion the doc- uments were received and filed, and Resolu- tion No. 364-23 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Andrew L. and Samantha L. Schumacher was adopted. RESOLUTION NO. 364-23 APPROVING A PRE -ANNEXATION AGREE- MENT BETWEEN THE CITY OF DUBUQUE, IOWA AND ANDREW L. AND SAMANTHA L. SCHUMACHER 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 submitted to the City Council of the city of Dubuque an application for voluntary annexa- tion of the Property to the City of Dubuque: Lot 14 of `Twin Ridge" Subdivision, in Table Mound Township, Dubuque County, Iowa, according to the rec- orded plat thereof, subject to ease- ments and restrictions of record. Whereas, Andrew L. and Samantha L. Schumacher have entered into a Pre -annexa- tion Agreement with the City of Dubuque, a copy of which is [provided] 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 author- izes the voluntary annexation of property in Dubuque 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 or- derly growth and development of the City of Dubuque, and will promote efficient and cost- effective extension of municipal services; and Whereas, the City Council finds that the an- nexation 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 61' day of November 2023. Brad Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 20. Shared Administrative Support Be- tween Information Technology, Office of Equity and Humans Rights, and Office of Shared Prosperity and Neighborhood Support: City Manager recommended City Council approval of an increase in the full-time equivalents of .34 at the additional cost of $41,814 to make an ex- isting 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 rec- ommended City Council approval of creation of a full-time Transportation Services Laborer and elimination of a current part-time Intermodal Page 1233 of 2498 Book 153 Regular Session, November 6, 2023 418 Laborer (.28 FTE) and a part-time Ramp Cus- todian (.27 FTE). Upon motion the documents were received, filed, and approved. 22. Yahoo Finance Article Naming Dubu- que the Second -Most Affordable Iowa City for Seniors: Upon motion the documents were re- ceived and filed. 23. Adoption of Supplement Number 2023 S-12 to the City of Dubuque Code of Ordi- nances: Upon motion the documents were re- ceived and filed, and Resolution No. 365-23 Adopting Supplement 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- 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 resolution, become part of the Code of Ordi- nances; 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 6t" 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 Incre- ment Revenue Grant Obligations Pursuant to the Development Agreement: Upon motion the documents were received and filed and Reso- lution No. 366-23 Fixing the date for a public hearing of the City Council of the City of Dubu- que, Iowa on a First Amendment to Develop- ment Agreement by and between the City of Dubuque, Iowa and 799 Main, LLC, including the proposed issuance of urban renewal tax in- crement revenue obligations 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 No- vember 20, 2023 in the Historic Federal Build- ing. RESOLUTION NO. 366-23 FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON A FIRST AMEND- MENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND 799 MAIN, LLC, INCLUDING THE PROPOSED ISSUANCE OF URBAN RE- NEWAL TAX INCREMENT REVENUE OBLI- GATIONS RELATING THERETO AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, City and 799 Main, LLC previ- ously 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 [provided] hereto; and Whereas, it is deemed necessary and ad- visable that City should authorize Urban Re- newal 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 pro- posal and of the time and place of the meeting at which the City Council proposes to take ac- tion thereon and at which meeting the City Council shall receive oral and/or written objec- tions 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 author- ized and directed to cause a notice to be pub- lished as prescribed by Iowa Code Section 403.9 of a public hearing on the City's intent to authorize Urban Renewal Tax Increment Rev- enue obligations, to be held on the 20th day of November, 2023, at 6:30 o'clock p.m. The offi- cial agenda will be posted on Friday, Novem- ber 17, 2023 and will contain listening, viewing, Page 1234 of 2498 Book 153 Regular Session, November 6, 2023 419 and public input options. The City Council agenda can be accessed at https://citvofdubu- que.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 execution of the Development Agreement re- lating thereto with 799 Main, LLC, the proceeds of which obligations will be used to carry out certain of the special financing activities de- scribed in the Urban Renewal Plan for the Greater Downtown Urban Renewal District, consisting of the funding of economic develop- ments 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 circula- tion in said City, said publication to be not less than four days nor more than twenty days be- fore 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 [provided] 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 En- terprises, Inc. for the Issuance of Urban Re- newal Tax Increment Revenue Grant Obliga- tions 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 Devel- opment Agreement between the City of Dubu- que and Vanguard Enterprises, Inc., including the proposed issuance of urban renewal tax in- crement revenue grant obligations to Vanguard Enterprises, Inc., and providing for the publica- tion 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 PRO- POSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE GRANT OBLI- GATIONS TO VANGUARD ENTERPRISES, INC., AND PROVIDING FOR THE PUBLICA- TION OF NOTICE THEREOF Whereas, Vanguard Enterprises, Inc. is the owner of the following described real property: Lot 1 of Lot 4 of Dubuque Industrial Center West 4'h Addition in the City of Dubuque, Iowa according to the rec- orded Plat thereof (the Property); and Whereas, City of Dubuque, Iowa (City) and Vanguard Enterprises, Inc. have entered into a Development Agreement, subject to the ap- proval of the City Council, pursuant to which Vanguard 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 Agree- ment; and Whereas, the Development Agreement provides for the issuance by City of economic development grants to Vanguard Enterprises, Inc., referred to therein as Urban Renewal Tax Increment Revenue Grant Obligations, paya- ble from the tax increment revenues collected in respect of the Improvements to be con- structed by Vanguard Enterprises, Inc. in ac- cordance 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 meet- ing at which the City Council proposes to take action thereon and at which meeting the City Council shall receive oral and/or written objec- tions 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 author- ized 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 the 201h 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 Re- newal Tax Increment Revenue obligations, the proceeds of which obligations will be used to carry out certain of the special financing activi- ties described in the Urban Renewal Plan for Page 1235 of 2498 Book 153 Regular Session, November 6, 2023 420 the Dubuque Industrial Center Economic De- velopment District, consisting of the funding of economic development grants to Vanguard En- terprises, 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 obligations 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, pub- lished 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 dis- posal 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 [pro- vided] hereto. Passed, approved, and adopted this 6'h 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 Ar- boretum Association, Inc.: Upon motion the documents were received and filed and Reso- lution No. 368-23 Fixing the date for a public hearing of the City Council of the City of Dubu- que, Iowa on a Lease Agreement by and be- tween 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 commence at 6:30 p.m. on No- vember 20, 2023 in the Historic Federal Build- ing. RESOLUTION NO. 368-23 FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON A LEASE AGREE- MENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA, AND DUBUQUE ARBO- RETUM ASSOCIATION, INC. RELATING THERETO AND PROVIDING FOR THE PUB- LICATION OF NOTICE THEREOF Whereas, City is the owner of a public facil- ity 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 in- terest of both parties to this Lease Agreement and to the public in general that the Arboretum lease and operate the Park as the Dubuque Ar- boretum and Botanical Garden. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, 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 con- duct a public hearing on the proposed Lease Agreement 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 no- tice of the public hearing in the form [provided] hereto, according to law. Passed, approved, and adopted this 6ch 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 Pro- jectCo, 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 pe- riod 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 Fed- eral Building. 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 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 main- tain and operate an electric franchise (trans- mission system) in the City of Dubuque for a period of twenty-five years as provided in the [provided] 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 Page 1236 of 2498 Book 153 Regular Session, November 6, 2023 421 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, beginning at 6:30 p.m. Section 2. The City Council hereby dis- penses with an election on the adoption of the Ordinance as provided by Iowa Code sec. 364.2(4)(b). Section 3. The City Clerk shall publish no- tice of the public hearing as required by law. Passed, approved, and adopted the 6t" 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 Har- bor, LLC, and Hodge Company Providing for the Sale of City -owned Real Estate to 400 Ice Harbor, LLC and the Issuance of Urban Re- newal Tax Increment Revenue Grant Obliga- tions Pursuant to the Development Agreement: Upon motion the documents were received and filed and Resolution No. 370-23 (1) Approving the minimum requirements, competitive crite- ria, and offering procedures for the develop- ment and the sale of certain 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 de- claring 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 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 MINI- MUM REQUIREMENTS, COMPETITIVE CRI- TERIA, AND OFFERING PROCEDURES FOR THE DEVELOPMENT AND THE SALE OF CERTAIN REAL PROPERTY AND IM- PROVEMENTS IN THE GREATER DOWN- TOWN URBAN RENEWAL DISTRICT; (2) DETERMINING THAT THE OFFER TO PUR- CHASE SUBMITTED BY 400 ICE HARBOR, LLC SATISFIES THE OFFERING REQUIRE- MENTS WITH RESPECT TO THE REAL PROPERTY AND IMPROVEMENTS AND DE- CLARING THE INTENT OF THE CITY COUN- CIL TO APPROVE THE SALE TO 400 ICE HARBOR, LLC IN THE EVENT THAT NO COMPETING PROPOSALS ARE SUBMIT- TED; AND (3) SOLICITING COMPETING PROPOSALS 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 de- scribed therein; and Whereas, the Plan provides, among other things, for the disposition of properties for pri- vate development purposes as a proposed economic development action; and Whereas, 400 Ice Harbor, LLC ("Devel- oper") has submitted to the City a proposal in the form a Development Agreement for the de- velopment of property owned by the Developer which includes an Option to purchase certain City -owned real property hereinafter described ("the Parking Property"), which Parking Prop- erty is the real estate consisting of approxi- mately 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 disposi- tion of the Parking Property in accordance with the statutory requirements of Iowa Code Chap- ter 403, specifically, Section 403.8, and to as- sure that the City extends a full and fair oppor- tunity to all developers interested in submitting a proposal, a summary of submission require- ments and minimum requirements and com- petitive criteria for the Property offering is in- cluded herein; and Whereas, said Developer has signed a De- velopment Agreement with the City, currently on file at the Office of the City Clerk; and Whereas, to recognize both the firm pro- posal for the improvements already received by the City in the form of the Development Agreement, as described above, and to give full and fair opportunity to other developers in- terested 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 pro- posals and the opening thereof; 5) Declare that the proposal submitted by Developer satisfies the minimum require- ments 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 no- tice to advise any other person of the op- portunity to compete for sale of the Prop- erty on the terms and conditions set forth Page 1237 of 2498 Book 153 Regular Session, November 6, 2023 422 herein; and 7) Declare that in the event another quali- fied proposal is timely submitted and ac- cepted, 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 DUBUQUE, IOWA: Section 1. That the Parking Property shown on Exhibit A [provided] hereto, shall be offered for sale in accordance with the terms and con- ditions contained in this Resolution. Section 2. That it is hereby determined that in order to qualify for consideration for selec- tion, any person must submit a proposal which meets these minimum requirements: 1) Meets, at a minimum, the terms and con- ditions of the Development Agreement submitted by the Developer including the required Minimum Improvements of Four Million Seven Hundred Fifty -Five Thou- sand Dollars ($4,755,000) and an agree- ment to create and maintain Ten (10) ad- ditional FTE employees employed by Em- ployer by October 1, 2026 and during the remaining term of the agreement for a to- tal 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 determined 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 principals and key staff who are directly engaged in the performance of contract obligations in carrying out projects of sim- ilar scale and character; and Section 3. That the Development Agree- ment by and between the City and the Devel- oper 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 illus- trative 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 Agree- ment submitted by the Developer satisfies the requirements of this offering and, in the event that no other qualified proposals are timely submitted, that the City Council intends to ac- cept and approve the Development Agree- ment. 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 ac- cordance with the Plan. Section 7. That the City Clerk shall receive and retain for public examination the [provided] Development Agreement submitted by the De- veloper and, in the event no other qualified pro- posals are timely submitted, shall resubmit the Development Agreement to the City Council for final approval and execution upon expiration of the notice hereinafter prescribed. Section 8. That the action of the City Coun- cil be considered to be and does hereby con- stitute notice to all concerned of the intention of this Council, in the event that no other qualified proposals are timely submitted, to accept the proposal of the Developer to purchase the Property shown on Exhibit A and to approve the Development Agreement by and between City and Developer. Section 9. That the official notice of this of- fering and of the intent of the City, in the event no other qualified proposals are timely submit- ted, to approve the Development Agreement, shall be a true copy of this Resolution, but with- out the attachments referred to herein. Section 10. That the City Clerk is author- ized and directed to secure immediate publica- tion of said official notice in the Telegraph Her- ald, a newspaper having a general circulation in the community, by publication of the text of this Resolution on or before the 10th day of No- vember, 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 De- cember 10, 2023. Said proposals will then be presented to the City Council at 6:30 p.m., De- cember 18, 2023, at a meeting to be held in the City Council Chambers, Historic Federal Build- ing at 350 West 6th Street, Dubuque, Iowa. Section 12. That the method of offering the Property for sale as set forth herein is in sub- stantial conformance with the provisions of Iowa Code Section 403.8, requiring reasonable competitive 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. Page 1238 of 2498 Book 153 Regular Session, November 6, 2023 423 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 ac- cording 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 di- rected to make preliminary analysis of each such proposal for compliance with the mini- mum requirements established by this Council hereinabove. For each proposal that satisfies these requirements, the City Council shall judge the strength of the proposal by the com- petitive criteria established hereinabove. The City Council shall then make the final evalua- tion and selection of the proposals. Section 15. If, and only if, competing pro- posals are received and determined by the Council to meet the minimum requirements de- scribed 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 sub- sequent meeting to be held by the City Man- ager 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 qual- ified 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, to enter into the resulting agreement, as required by law. Passed, approved, and adopted this 6"' 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 Commis- sion: One, 3-Year Term through July 1, 2026 (Vacant Term of Lassance), and one, 3 Year term through July 1, 2024 (Vacant Term of Ma- jor). Applicants: Daniel Garza, 2110 Rhomberg Ave., and Phillip Heim, 911 Tressa St. (Additional Applicant). Motion by Jones to ap- point Mr. Garza to the three-year term through July 1, 2026. Seconded by Wethal. Motion car- ried 7-0. Motion by Jones to appoint Mr. Heim to the three-year term through July 1, 2024. Se- conded by Wethal. Motion carried 7-0. PUBLIC HEARINGS 1. Request to Rezone 1860 Hawthorne Street: Motion by Jones to receive and file the documents and that the requirement that a pro- posed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Resnick. Planning Ser- vices 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 re- ceived 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 recorded, the previous meetings and materials can always be refer- enced to demonstrate good faith. City Clerk Breitfelder announced that written input was re- ceived from Mary Giesler, 2310 High Cloud Dr. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 46-23 Amending Ti- tle 16 of the Unified Development Code of the City of Dubuque Code of Ordinances by reclas- sifying the hereinafter described property lo- cated along Hawthorne Street and Kerper Boulevard within the City of Dubuque from CR Commercial Recreation to Planned Unit Devel- opment with PR -Planned Residential Designa- tion. Seconded by Resnick. Motion carried 7-0. ORDINANCE NO. 46-23 AMENDING TITLE 16 OF THE UNIFIED DE- VELOPMENT CODE OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RE- CLASSIFYING THE HEREINAFTER DE- SCRIBED PROPERTY LOCATED ALONG HAWTHORNE STREET AND KERPER BOULEVARD WITHIN THE CITY OF DUBU- QUE FROM CR COMMERCIAL RECREA- TION TO PLANNED UNIT DEVELOPMENT WITH PR -PLANNED RESIDENTIAL DESIG- NATION NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the Unified De- velopment Code of the City of Dubuque Code of Ordinances is hereby amended by reclassi- fying the hereinafter -described property from Page 1239 of 2498 Book 153 Regular Session, November 6, 2023 424 CR Commercial Recreation to Planned Unit 3 Site Development Regula- Development District with a PR Planned Resi- tions. dential District designation, and adopting a f. The number, size, design, and lo- conceptual development plan, a copy of which cation of parking spaces desig- is [provided] to and made a part hereof, is nated for persons with disabili- hereby adopted and approved for the following ties shall be according to the lo- described property, to wit: cal, state, or federal require - The portion of Lot 2 Block 2 of River ments in effect at the time of de - Front Subdivision No. 3 and to the cen- velopment. terline of the adjoining public right -of- g. Bicycle parking shall be provided way, all in the City of Dubuque, Iowa as in accordance with the Unified shown in Exhibit A. Development Code Section 14- A. Use Regulations. The following regula- 9 Bicycle Parking Required. tions shall apply to all uses made of 1. Site Lighting land in the above -described PR a. Exterior illumination of site fea- Planned Residential District: tures shall be limited to the illu- 1. Principal permitted use shall be lim- mination of the following: ited to two (2) four-story multi -family i. Parking areas, driveways, and residential buildings containing a to- loading facilities. tal of 201 residential units. ii. Pedestrian walkway surfaces 2. Accessory uses shall include any use and entrances to building. customarily incidental and subordi- iii. Building exterior. nate to the principal use it serves. b. Location and Design B. Lot and Bulk Regulations. Development i. No light source shall provide il- of land in the PR Planned Residential lumination onto adjacent District shall be regulated as follows: lots, buildings, or streets in 1. Buildings setbacks shall be located in excess of 1.0-foot candle. substantial conformance with the ii. All exterior lighting luminaries approved conceptual development shall be designed and in - plan. stalled to shield light from 2. Maximum building height of 50 ft. the luminaries at angles shall be allowed in this Planned above 72-degrees from ver- Residential District. tical. C. Performance Standards. The develop- iii. Fixtures mounted on a build- ment and maintenance of uses in this ing shall not be positioned PR Planned Residential District shall be higher than the roofline of regulated as follows: the building. Parking Regulations iv. All electrical service lines to a. All vehicle -related features shall posts and fixtures shall be be surfaced with either asphalt underground and concealed or concrete. inside the posts. b. Curbing and proper surface 2. Landscaping. Landscaping shall be drainage of storm water shall be provided in substantial compliance provided. with the Conceptual Landscape c. All parking and loading spaces Plan which is [provided] hereto. shall be delineated on the sur- 3. Storm Water Management. The de- facing material by painted veloper shall be responsible for stripes or other permanent providing surface or subsurface means. conveyance(s) of storm water from d. That total number of parking the lot to existing storm sewers or to spaces shall be provided in sub- flow line of open drainageways out- stantial compliance with the ap- side the lot in a means that is satis- proved Conceptual Develop- factory to the Engineering Depart- ment Plan. The spaces may be ment of the City of Dubuque. Other a combination of off-street applicable regulations enforced by spaces and on -street spaces the City of Dubuque relative to (Hawthorne Street) in accord- storm water management and ance with the approved Concep- drainage shall apply. tual Development Plan. 4. Exterior Trash Collection Areas. e. The size and design of parking a. The storage of trash and debris spaces shall be governed by ap- shall be limited to that produced plicable provisions of the Unified by the principal permitted use Development Code Section 13- and accessory uses on the lot. Page 1240 of 2498 Book 153 ular Session, November 6, 2023 425 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 fea- ture not exceeding a height of 10 ft. 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 con- struct the opaque screen shall be similar in appearance to ma- terials 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 properties, evergreen plantings may be re- quired in addition to the screen- ing. 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 De- velopment Plan and Conceptual Landscape Plan. 6. Platting. Subdivision plats and im- provement 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 accord- ance 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 Dis- trict shall be regulated in accord- ance with the R-4 Multi -Family Res- idential Zoning District sign regula- tions, Section 16-15-11.1 of the Uni- fied Development Code. 2. Variance requests from sign require- ments for size, number, and height shall be reviewed 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 building and other site features shall be located under- ground. 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, reg- ulations, 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 own- ership or lease of property in this PR Planned Residential District shall in- clude the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the condi- tions 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 Development Code. H. Occupancy Permits. No occupancy per- mit shall be issued by the City of Dubu- que for property included in the subject planned unit development district until full compliance with this ordinance has been achieved. I. Recording. A copy of this ordinance shall be recorded at the expense of the prop- erty owner(s) with the Dubuque County Recorder a permanent record of the conditions accepted as part of this re- classification approval within thirty (30) days after the adoption of this ordi- nance. 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 Advi- sory 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 Res- olution No. 371-23 Approving a Second Page 1241 of 2498 Book 153 Regular Session, November 6, 2023 426 Amendment to Grant Agreement by and be- tween the City of Dubuque, Iowa and Virtual Velocity, LLC, including the proposed issuance of urban renewal tax increment revenue obliga- tions relating thereto, and providing for the pub- lication 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 VIR- TUAL VELOCITY, LLC, INCLUDING THE PROPOSED ISSUANCE OF URBAN RE- NEWAL TAX INCREMENT REVENUE OBLI- GATIONS RELATING THERETO, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, City and Virtual Velocity, LLC en- tered into a Grant Agreement, dated the 3rd day of October 2022, providing for a Fagade 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 Dubuque, Iowa and Virtual Velocity, LLC, in- cluding the issuance of Urban Renewal Tax In- crement Revenue Obligations; and Whereas, pursuant to published notice, a public hearing was held on the proposed Sec- ond Amendment to Grant Agreement on No- vember 6, 2023 at 6:30 p.m.; and Whereas, it is the determination of the City Council that approval of the Second Amend- ment 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 [provided] hereto, including the issuance of Urban Renewal Tax Increment Revenue Obligations, is hereby approved. Section 2. That the Mayor is hereby author- ized and directed to execute the Second Amendment to Grant Agreement on behalf of the City of Dubuque and the City Clerk is au- thorized and directed to attest to his signature. Section 3. That the City Manager is author- ized to take such actions as are necessary to comply with the terms of the Second Amend- ment to Agreement as herein approved. Passed, approved, and adopted this 6th day of November, 2023. 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 Pur- chase of Dubuque County Owned Parking Lot: Motion by Roussell to receive and file the doc- uments and adopt Resolution No. 372-23 Dis- posing 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. Se- conded by Farber. Dubuque County Auditor and Commissioner of Elections Kevin Dragotto thanked city staff for their work on the agree- ment 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 AC- QUISITION REAL PROPERTY OWNED BY DUBUQUE COUNTY, IOWA BY THE CITY OFDUBUQUE Whereas, pursuant to resolution and pub- lished notice of time and place of hearing, pub- lished 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 of Dubuque, Iowa met on the 6t" day of November, 2023, at 6:30 p.m. in the Historic Federal Building Coun- cil Chambers (second floor), 350 West 6"' 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 Agreement), 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 [provided] hereto, pursuant to which City will convey the City Property to Dubuque County and Dubuque County will convey the County Property to City; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written, to the proposal to convey such property. Page 1242 of 2498 Book 153 Regular Session, November 6, 2023 427 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 City Lots 279, 280, 281, 282 according to the United Sates Commissioners Map to Dubuque County be and the same is hereby approved. Convey- ance shall be by Special Warranty Deed. Section 2. That the City of Dubuque be and is hereby authorized to accept a Special War- ranty 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, to- gether with a certified copy of this Resolution. Section 4. That the City Clerk be and is hereby authorized and directed to record a cer- tified copy of this resolution in the offices of the City Assessor and Dubuque County Auditor. Passed, approved, and adopted this 6'h day of November 2023. Brad Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk ACTION ITEMS 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 chlo- ride (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 sys- tem; and that the City of Dubuque continue to use the SUDAS Specification and Design Man- ual for water mains, adopted by City Council resolution 211-23 on July 5, 2023, as a uniform standard for design and installation; and sus- pend use of the Division 5 of the City of Dubu- que SUDAS Supplemental standards as it per- tains to Water Main materials specifically until such time as a formal review is conducted. Se- conded by Roussell. Responding to a question from the City Council regarding a potential dis- crepancy, City Manager 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 documents 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. Re- sponding 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 Pro- gram (ACP) Website: Motion by Farber to re- ceive 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 Milligen stated that general fund savings from Fiscal Year 2023's budget 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. Se- conded by Wethal. City Council Members stated the importance of communicating the benefits of these incentives to state legislators. Motion carried 7-0. 7. 2023-2025 City Council Goals & Priori- ties Brochure: Motion by Resnick to receive and file the documents. Seconded by Farber. Motion carried 7-0. 8. Work Session Request: Waste Minimiza- tion 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. Mo- tion carried 7-0. 9. Work Session Request: Carnegie -Stout Public Library Space Needs Assessment: Mo- tion 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. Mo- tion carried 7-0. 10. Dubuque County Economic Develop- ment Update Video: Motion by Jones to receive and file the documents and view the video. Se- conded by Resnick. Media Services showed a video update on the variety of economic Page 1243 of 2498 Book 153 Special Session, November 20, 2023 428 development projects currently underway in Dubuque County. The video can be viewed at: https://Voutu.be/NUsRtV801BA?si=hq- uJWCuwkBeiNSN. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Roussell reported on at- tending 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; Dubu- que 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 elec- tion 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 serv- ing as Mayor Pro Tern at Q Casino's ground- breaking 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 Diwali Festival of Lights. Mayor Cavanagh reported on attending Bloomberg City Lab in Washington, D.C., where the topic of Al was extensively dis- cussed. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 8:04 p.m. to discuss Pending Litigation and Purchase or Sale of Real Estate — Chapter 21.5(1)(c),Q) 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. Mo- tion carried 7-0. The City Council reconvened in open ses- sion 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 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on November 20, 2023, in the second -floor Council Chambers of the His- toric Federal Building, 350 W. 6th Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attor- ney 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 Smart Traffic Routing with Efficient & Effective Traffic System (STREETS). WORK SESSION Smart Traffic Routing with Efficient & Effective Traffic System (STREETS) Chandra Ravada, Director of Transporta- tion, Planning, and Transit Services for the East Central Intergovernmental Association (ECIA) made introductory remarks. Joseph Brahm, Project Manager for Parsons Transpor- tation Group, Inc. and Matthew Nam, President of Aimsun Inc., made a presentation on the progress of STREETS. Ehsan Bagheri and Ranjit Gopal of Parsons Transportation Group, Inc. conducted a virtual demonstration of the system. Responding to questions from the City Council, the presenters stated that the system will have a two-way interface with Google Maps and that the system focus is on altering the tim- ing of green lights and left turns. Responding to a question regarding the system's security, the presenters stated that certain user privileges will be assigned to specific users and that se- curity scans are conducted on a set schedule. There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:30 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk Page 1244 of 2498 Book 153 Regular Session, November 20, 2023 429 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 20, 2023, in the second -floor Council Chambers of the His- toric Federal Building, 350 W. 6"' Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attor- ney Brumwell. Mayor Cavanagh read the call and stated this is a regular session of the City Council called for the purpose of conducting such busi- ness that may properly come before the City Council. PLEDGE OF ALLEGIANCE PRESENTATION(S) 1. Iowa Storm Water Educational Partner- ship 2023 Water Warrior of the Year Recogni- tion: City Engineer Gus Psihoyos recognized former Civil Engineer, now Water & Resource Recovery Center Director, Deron Muehring as one of the 2023 Water Warriors of the year by the Iowa Storm Water Educational Partnership. 10101il&i=1ilr9rI=1Lyi&I Iowa State Representative Chuck Isenhart, 1655 Kaufmann Ave. requested Item No. 22 be held for separate discussion. Motion by Res- nick to receive and file the documents, adopt the resolutions, and dispose of as indicated ex- cept for Item No. 22. Seconded by Farber. Mo- tion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of November 6, 2023; Civil Service Commission of November 8, 2023; Library Board of Trustees Update of Oc- tober 26, 2023; Zoning Advisory Commission of November 1, 2023; Zoning Board of Adjust- ment of November 2, 2023; Proof of Publica- tion for City Council Proceedings of October 2 and October 16, 2023. Upon motion the docu- ments were received and filed. 2. Notice of Claims and Suits: Abigail Handke for vehicle damage; Mary LeGrand and David Smith for property damage; District 20 Supply Co./Dennis Noel for vehicle dam- age; Donovan Tann for property damage. Upon motion the documents were received, filed, and referred to the City Attorney. 3. Disposition of Claims: City Attorney ad- vised that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Arius Burns and Hayle Johnson for prop- erty damage; Abigail Handke for vehicle dam- age. Upon motion the documents were re- ceived, filed, and concurred. 4. Approval of City Expenditures: Upon mo- tion the documents were received and filed, and Resolution No. 373-23 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. 373-23 AUTHORIZING THE CHIEF FINANCIAL OF- FICER / CITY TREASURER TO MAKE CER- TAIN 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 gen- erally accepted internal control procedures and have been determined to have been requisi- tioned for a lawful municipal purpose; and Whereas, the Chief Financial Officer -City Treasurer has provided a list of Expenditures [provided] 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 Fi- nancial Officer -City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is [provided] 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 pay- ment 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 ac- cordance with approved budget appropria- tions. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Chief Fi- nancial Officer are hereby authorized and Page 1245 of 2498 Book 153 Regular Session, November 20, 2023 430 directed to provide the statement of receipts and disbursements to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 20"' day of November, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Fiscal Year 2023 State of Iowa Annual Financial Report: Upon motion the documents were received, filed, and approved. 6. Notice of Application for Older Adult Home Modification Program Grant: Upon mo- tion the documents were received and filed, and Resolution No. 374-23 Authorizing the Housing and Community Development Direc- tor to execute an application for the Older Adult Home Modification Grant and authorizing the Housing and Community Development Direc- tor and the City Manager to approve the appli- cation was adopted. RESOLUTION NO. 374-23 AUTHORIZING THE HOUSING AND COM- MUNITY DEVELOPMENT DIRECTOR TO EX- ECUTE AN APPLICATION FOR THE OLDER ADULT HOME MODIFICATION GRANT AND AUTHORIZING THE HOUSING AND COM- MUNITY DEVELOPMENT DIRECTOR AND THE CITY MANAGER TO APPROVE THE APPLICATION Whereas, the U.S. Department of Housing and Urban Development released funding for a new year of Older Adult Home Modification Grants; and Whereas, the City of Dubuque currently participates in this grant funding and has as- sisted several residents over the age of 62 age safely in place; and Whereas, the City of Dubuque would bene- fit from continuing the Older Adult Home Modi- fication Program to assist more of our aging population safely age in their current home. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1: That the Housing and Commu- nity Development Director is hereby authorized and directed to apply for the Older Adult Home Modification Grant; and Section 2: That the City Manager and the Housing and Community Development Direc- tor are hereby authorized to approve the appli- cation that is submitted to the U.S. Department of Housing and Urban Development; and Section 3: That the City Manager and the Housing and Community Development Direc- tor are hereby authorized and directed to take all actions necessary to complete the negotia- tion process that follows the application. Passed, approved, and adopted this 20th day of November 2023. Brad Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 7. First Amendment to Community Devel- opment Block Grant (CDBG) Subrecipient Agreement between the City of Dubuque and Dubuque Community Schools: Upon motion the documents were received and filed, and Resolution No. 375-23 Authorizing the First Amendment to the CDBG Subrecipient Agree- ment between the City of Dubuque and Dubu- que Community Schools was adopted. RESOLUTION NO. 375-23 AUTHORIZING THE FIRST AMENDMENT TO THE CDBG SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF DUBUQUE AND DUBUQUE COMMUNITY SCHOOLS Whereas, the City of Dubuque and Dubu- que Community Schools entered into a CDBG Subrecipient Agreement dated September 18, 2023 with respect to improve the quality of a public facility at 555 Nevada Street, Lincoln El- ementary School; and Whereas, the parties desire to modify the Subrecipient Agreement as set out in the First Amendment to the Subrecipient Agreement [provided] hereto; and Whereas, the Dubuque Community Schools services provided will be to a minimum of 51 % low moderate -income area, meeting the CDBG National Objective of Low/Mod-In- come Housing benefit, and eligible activity of 03F: Parks, Recreational Facilities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the First Amendment to the CDBG Subrecipient Agreement be approved. Section 2. That the Mayor of the City of Dubuque is hereby authorized to execute the First Amendment to the CDBG Subrecipient Agreement. Section 3. That the Mayor of the City of Dubuque is hereby authorized and directed to designate the City Manager or the Housing and Community Development Department Director to execute all related documents on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 20th day of November 2023. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 8. Close Out of Agreement 07-EZ-021 for Cottingham & Butler Insurance Services, Inc.: Upon motion the documents were received and filed. Page 1246 of 2498 Book 153 Regular Session, November 20, 2023 431 9. Signed Contract(s): Memorandum of Lease with Respect to Lot 1 of Chaplain Schmitt Island; Memorandum of Lease with Respect to Lots 2 and 3 of Chaplain Schmitt Island; Amendment No. 1 to Professional Ser- vices Agreement with WHKS & Co. for the Bur- lington St. Water Main Improvement Project. Upon motion the documents were received and filed. 10. Nordstrom Property Tax Appeal Stipu- lation of Settlement Notice: Senior Counsel transmitting notice of a stipulation of settlement for a property tax appeal filed by Nordstrom, Parcel No. 1029300009. Upon motion the doc- uments were received and filed. 11. Accepting the Deed to Dubuque County Owned Parcel, 1119358006: Upon motion the documents were received and filed, and Reso- lution No. 376-23 Accepting the Deed to Real Property conveyed by Dubuque County, Iowa to the City of Dubuque, Iowa was adopted. RESOLUTION NO. 376-23 ACCEPTING THE DEED TO REAL PROP- ERTY CONVEYED BY DUBUQUE COUNTY, IOWA TO THE CITY OF DUBUQUE, 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 Addition in the City of Dubu- que, Iowa (the County Property); and Whereas, City and Dubuque County have entered into the Purchase Agreement pursuant to which Dubuque County will convey the County Property to City; and Whereas, the terms of the Purchase Agree- ment have been fulfilled. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The Special Warranty Deed from Dubuque County for the County Property is hereby accepted. Section 2. 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, to- gether with a certified copy of this Resolution. Section 3. That the City Clerk be and is hereby directed to forward a copy of this Reso- lution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved, and adopted this 20th day of November 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 12. Plaza 20 Frontage Road - Transfer of Roadway Jurisdiction: Iowa DOT Agreement No. 2024-TJ-002; Iowa DOT Project No. TJ- 020-9(281)--2M-31: Upon motion the docu- ments were received and filed, and Resolution No. 377-23 Approving the Transfer of Roadway Jurisdiction Agreement (Agreement No. 2024- TJ-002) with the Iowa Department of Transpor- tation for the Plaza 20 Frontage Road was adopted. RESOLUTION NO. 377-23 APPROVING THE TRANSFER OF ROAD- WAY JURISDICTION AGREEMENT (AGREEMENT NO. 2024-TJ-002) WITH THE IOWA DEPARTMENT OF TRANSPORTA- TION FOR THE PLAZA 20 FRONTAGE ROAD Whereas, the City has been collaborating with the Iowa Department of Transportation (Iowa DOT) on the closure of the Plaza 20 Frontage at the Devon Drive / U.S. 20 intersec- tion; and Whereas, it was discovered that the Plaza 20 Frontage Road was never officially trans- ferred to the City following its original construc- tion; and Whereas, the City and Iowa DOT agreed as part of the process to close the Plaza 20 Front- age, the City and Iowa DOT would address the right-of-way and the road jurisdiction for the portion of the frontage road lying south of U.S. 20, from Devon Drive easterly for a length of approximately 700 ft.; and Whereas, Iowa DOT shall be responsible for surveying, replating, and shall transfer to the City by quit -claim deed all its legal or equi- table title or interest in the right-of-way of the Plaza 20 Frontage Road segment described in the Transfer of Roadway Jurisdiction Agree- ment; and Whereas, City agrees to formally accept the Plaza 20 Frontage Road segment, per said quit -claim deed, pursuant to Iowa Code Sec- tion 306.42, into its road network system and continue to maintain the road segment in ac- cordance with all applicable laws, regulations, and administrative rules. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA, THAT: Section 1. That said Transfer of Roadway Jurisdiction Agreement (Agreement No. 2024- TJ-002) with the Iowa Department of Transpor- tation for the acceptance of the Plaza 20 Front- age Road into the City's road network system is hereby approved. Section 2. That the Mayor be authorized and directed to execute the Transfer of Road- way Jurisdiction Agreement (Agreement No. 2024-TJ-002) with the Iowa Department of Transportation. Page 1247 of 2498 Book 153 Regular Session, November 20, 2023 432 Passed, approved, and adopted this 20th day of November 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 13. ImOn Ice Arena - Dehumidification, HVAC, Generator Set System Design Approve Professional Consultant Services Contract: Upon motion the documents were received and filed, and Resolution No. 378-23 Approving Professional Services Consultant Contract with Nelson-Rudie & Associates, Inc. to complete the preliminary and final engineering design for the development of a project for the installation of a new replacement dehumidification system, a new arena HVAC and emergency generator system at the ImOn Ice Arena was adopted. RESOLUTION NO. 378-23 APPROVING PROFESSIONAL SERVICES CONSULTANT CONTRACT WITH NELSON- RUDIE & ASSOCIATES, INC. TO COM- PLETE THE PRELIMINARY AND FINAL EN- GINEERING DESIGN FOR THE DEVELOP- MENT OF A PROJECT FOR THE INSTALLA- TION OF A NEW REPLACEMENT DEHUMID- IFICATION SYSTEM, A NEW ARENA HVAC AND EMERGENCY GENERATOR SYSTEM AT THE IMON ICE ARENA Whereas, the City solicitated competitive proposals from qualified consulting engineer- ing firms to determine interest and capabilities to complete preliminary and final engineering design services; and Whereas, the City Council concurred with the Consultant Selection Committee's recom- mendation in the selection of Nelson-Rudie & Associates, Inc. as the first -ranked Consultant; and Whereas, the City Council authorized the City Engineer to initiate contract negotiations for Professional Consultant Services; and Whereas, the City in collaboration with Nel- son-Rudie & Associates, Inc., developed a consultant scope of work and a negotiated fee for services in the amount of $140,800 for Pro- fessional Consultant Services to complete the preliminary and final engineering design for the development of a project for the installation of a new replacement dehumidification system, a new arena HVAC and emergency generator system at the Imon Ice Arena. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA, THAT: Section 1. That said Professional Services Consultant Contract with Nelson-Rudie & As- sociates, Inc. to complete the preliminary and final engineering design for the development of a project for the installation of a new replace- ment dehumidification system, a new arena HVAC and emergency generator system at the Imon Ice Arena is hereby approved. Section 2. The City Manager is authorized and directed to execute the Professional Ser- vices Consultant Contract with Nelson-Rudie & Associates, Inc. Passed, approved, and adopted this 20"' day of November 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 14. 2022 Boating Infrastructure Tier 1 Grant - Dredge Dubuque Marina: Approve Iowa De- partment of Natural Resources Subrecipient Grant Agreement - Iowa DNR Agreement No. 24CRDFBGSCHO-0002; USFWS Agreement No. F23AP03493: Upon motion the documents were received and filed, and Resolution No. 379-23 Approving a 2022 Boating Infrastruc- ture Tier 1 Grant Subrecipient Agreement (Agreement No. 24CRDFBGSCHO-0002) with the Iowa Department of Natural Resources to assist with maintenance dredging at Dubuque Marina was adopted. RESOLUTION NO. 379-23 APPROVING A 2022 BOATING INFRA- STRUCTURE TIER 1 GRANT SUBRECIPI- ENT AGREEMENT (AGREEMENT NO. 24CRDFBGSCHO-0002) WITH THE IOWA DEPARTMENT OF NATURAL RESOURCES TO ASSIST WITH MAINTENANCE DREDG- ING AT DUBUQUE MARINA Whereas, on August 7, 2023, per Resolu- tion 248-23, the City Council authorized staff to submit the 2022 Boating Infrastructure (BIG) Tier 1 Grant application to the Iowa DNR for dredging Dubuque Marina to provide transient boaters, and boaters who operate vessels 26 ft. or larger, access to docking and safe harbor facilities; and Whereas, on November 3, 3023, the City received the Notice of Award from the Iowa DNR for the 2022 BIG Tier 1 Grant in the amount of $200,000; and Whereas, on November 9, 2023, the Iowa DNR Commission approved the 2022 BIG Tier 1 Subrecipient Grant Agreement with the City of Dubuque; and Whereas, the City will be responsible for the lead agency role for administering the fed- eral 2022 BIG Tier 1 grant; and Whereas, Dubuque Marina has agreed to contribute the $117,500 local match funds as committed to in the original grant application. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA, THAT: Section 1. That said 2022 BIG Tier 1 Sub - recipient Grant Agreement (Agreement No. 24CRDFBGSCHO-0002) with the Iowa De- partment of Natural Recourses to assist with funding to perform maintenance dredging at Dubuque Marina is hereby approved. Page 1248 of 2498 Book 153 Regular Session, November 20, 2023 433 Section 2. That the Mayor be authorized and directed to execute the 2022 BIG Tier 1 Subrecipient Grant Agreement (Agreement No. 24CRDFBGSCHO-0002) with the Iowa Department of Natural Recourses. Passed, approved, and adopted this 20th day of November 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 15. Funding Agreement Between City and Dubuque Marina, Inc. 2022 Boating Infrastruc- ture Tier 1 Grant - Dredge Dubuque Marina: Upon motion the documents were received and filed, and Resolution No. 380-23 Approving the Funding Agreement between the City of Dubu- que and Dubuque Marina, Inc. for the 2022 Boating Infrastructure Tier 1 Grant Agreement for maintenance dredging at Dubuque Marina was adopted. RESOLUTION NO. 380-23 APPROVING THE FUNDING AGREEMENT BETWEEN THE CITY OF DUBUQUE AND DUBUQUE MARINA, INC. FOR THE 2022 BOATING INFRASTRUCTURE TIER 1 GRANT AGREEMENT FOR MAINTENANCE DREDGING AT DUBUQUE MARINA Whereas, City staff met with Dubuque Ma- rina, Inc. to review the river bottom bathometric survey contour maps, evaluate maintenance dredging needs, and prioritize maintenance dredging locations based on current opera- tional challenges for safe harbor access for recreational and transient boat navigational ac- cess; and Whereas, Dubuque Marina, Inc. requested and identified the location to be dredged utiliz- ing the 2022 BIG Tier 1 Grant funding; and Whereas, on August 7, 2023, per Resolu- tion 248-23, the City Council authorized staff to submit the 2022 BIG Tier 1 Grant application to the Iowa DNR for dredging Dubuque Marina to provide transient boaters, and boaters who op- erate vessels 26 ft. or larger, access to docking and safe harbor facilities; and Whereas, on November 3, 3023, the City received the Notice of Award from the Iowa DNR for the 2022 BIG Tier 1 Grant in the amount of $200,000; and Whereas, on November 9, 2023, the Iowa DNR Commission approved the 2022 BIG Tier 1 Subrecipient Grant Agreement with the City of Dubuque; and Whereas, Dubuque Marina, Inc. has pro- vided a letter of support dated July 31, 2023, for the 2022 BIG Tier 1 Grant, and has agreed to provide $117,500 as local match funds to- ward dredging at the Dubuque Marina; and Whereas, City and Dubuque Marina, Inc. now desire to enter into a Funding Agreement to perform maintenance dredging at the Dubu- que Marina. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That said Funding Agreement between City and Dubuque Marina, Inc. for the partnership agreement to provide the required local match funding for the 2022 BIG Tier 1 Grant to perform maintenance dredging at Dubuque Marina is hereby approved. Section 2. That the City Manager be au- thorized and directed to execute said Funding Agreement between City and Dubuque Marina, Inc. for the partnership agreement to provide the required local match funding for the 2022 BIG Tier 1 Grant to perform maintenance dredging at Dubuque Marina. Passed, adopted, and approved this 20th day of November 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 16. RAISE Infrastructure Planning Grant - Engineering Design and NEPA/ Environmental Project Development - Recommend Approval of USDOT Grant Funding Agreement - Iowa DOT Project No. EDP-2100 (705)--7Y-31: Upon motion the documents were received and filed, and Resolution No. 381-23 Approving a Grant Funding Agreement with the U.S. De- partment of Transportation for a Raise Infra- structure Planning Grant was adopted. RESOLUTION NO. 381-23 APPROVING A GRANT FUNDING AGREE- MENT WITH THE U.S. DEPARTMENT OF TRANSPORTATION FOR A RAISE INFRA- STRUCTURE PLANNING GRANT Whereas, the City was awarded $2.28 mil- lion in U.S. Department of Transportation RAISE Planning Grant funds to assist with the planning and design of multimodal transporta- tion corridors for the project entitled "Building Bridges to Employment and Equity (132E2)"; and Whereas, through the award of the RAISE Infrastructure Planning Grant, Federal regula- tions require the execution of a Grant Funding Agreement; and Whereas, pursuant to the terms of the Grant Funding Agreement, applicable statutes, and administrative rules, the U.S. Department of Transportation agrees to provide RAISE grant funding ($2.28 million) to the Iowa DOT, as the pass -through agency to the City for the authorized and approved costs for eligible items associated with the B2E2 project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA, THAT: Section 1. That said Grant Funding Agree- ment with the U.S. Department of Transporta- tion to provide RAISE grant funding ($2.28 mil- lion) to the City for the authorized and Page 1249 of 2498 Book 153 Regular Session, November 20, 2023 434 approved costs for eligible items associated with the B2E2 project is hereby approved. Section 2. That the Mayor be authorized and directed to execute the Grant Funding Agreement with the U.S. Department of Trans- portation. Passed, approved, and adopted this 20'h day of November 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 17. RAISE Infrastructure Planning Grant - Engineering Design and NEPA/ Environmental Project Development - Recommend Approval of Iowa DOT Federal -Aid Funding Agreement: Iowa DOT Agreement No. 6-23-RAISE-037; Iowa DOT Project No. EDP-2100 (705) --7Y- 31: Upon motion the documents were received and filed, and Resolution No. 382-23 Approv- ing a Federal -Aid Funding Agreement (6-23- RAISE-037) with the Iowa Department of Transportation for a RAISE Infrastructure Plan- ning Grant was adopted. RESOLUTION NO. 382-23 APPROVING A FEDERAL -AID FUNDING AGREEMENT (6-23-RAISE-037) WITH THE IOWA DEPARTMENT OF TRANSPORTA- TION FOR A RAISE INFRASTRUCTURE PLANNING GRANT Whereas, the City was awarded $2.28 mil- lion in U.S. Department of Transportation RAISE Planning grant funds to assist with the planning and design of multimodal transporta- tion corridors for the project entitled 'Building Bridges to Employment and Equity (132E2)"; and Whereas, through the award of the RAISE Infrastructure Planning Grant, Federal regula- tions require Federal funds pass through and be administered by the Iowa Department of Transportation; and Whereas, pursuant to the terms of the Fed- eral -Aid Funding Agreement, applicable stat- utes, and administrative rules, the Iowa Depart- ment of Transportation agrees to provide RAISE grant funding ($2.28 million) to the City for the authorized and approved costs for eligi- ble items associated with the B2E2 project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA, THAT: Section 1. That said Federal -Aid Funding Agreement (Agreement No. 6-23-RAISE-037) with the Iowa Department of Transportation to provide RAISE grant funding ($2.28 million) to the City for the authorized and approved costs for eligible items associated with the B2E2 pro- ject is hereby approved. Section 2. That the Mayor be authorized and directed to execute the Federal -Aid Fund- ing Agreement (Agreement No. 6-23-RAISE-037) with the Iowa Department of Transportation. Passed, approved, and adopted this 20th day of November 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 18. Destination Iowa Outdoor Recreation Fund Grant Amendment 1 Approval for the Iowa Amphitheater on Schmitt Island: Upon motion the documents were received, filed, and approved. 19. Granger Creek Lift Station Project (Pro- ject #5581500009) - State and Tribal Assis- tance Grant (STAG) Application: Upon motion the documents were received, filed, and ap- proved. 20. Plat of Survey of ISAAC Hanna 2"d Ad- dition: Upon motion the documents were re- ceived and filed, and Resolution No. 383-23 Approving the Plat of Survey for Isaac Hanna 2nd Addition in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 383 - 23 APPROVING THE PLAT OF SURVEY FOR ISAAC HANNA 2nd ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Plat of Survey ISAAC Hanna 2"d Addi- tion in the City of Dubuque, Iowa; and Whereas, said Plat of Survey has been ex- amined by the Zoning Advisory Commission and its approval has been endorsed thereon; and Whereas, said Plat of Survey has been ex- amined by the City Council and they find that it conforms to the statutes and ordinances relat- ing thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the Plat of Survey for ISAAC Hanna 2"d Addition is hereby approved, and the Mayor and City Clerk are hereby au- thorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Plat of Survey. Passed, approved, and adopted this 20th day of November 2023. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 21. Plat of Survey of Weber Acres 2"d Ad- dition: Upon motion the documents were re- ceived and filed, and Resolution No. 384-23 Approving the Plat of Survey for Weber Acres 2"d Addition in the City of Dubuque, Iowa was adopted. Page 1250 of 2498 Book 153 Regular Session, November 20, 2023 435 RESOLUTION NO. 384-23 APPROVING THE PLAT OF SURVEY FOR WEBER ACRES 2ND ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Plat of Survey Weber Acres 2"d Addi- tion in the City of Dubuque, Iowa; and Whereas, said Plat of Survey has been ex- amined by the Zoning Advisory Commission and its approval has been endorsed thereon; and Whereas, said Plat of Survey has been ex- amined by the City Council and they find that it conforms to the statutes and ordinances relat- ing thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the Plat of Survey for We- ber Acres 2"d Addition 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 20th day of November 2023. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 22. 2024 State Legislative Priorities: Rep- resentative Isenhart summarized a letter he ad- dressed to the City Council detailing various legislative initiatives that may be relevant to the City Council's state legislative priorities, includ- ing legislation he has drafted that defines cities roles within United States Fish and Wildlife Service acts. Representative Isenhart also re- quested the City Council consider certain fed- eral legislative priorities, including increased support for the Recovering America's Wildlife Act. Motion by Resnick to receive and file the documents and approve the 2024 State Legis- lative Priorities. Seconded by Farber. Motion carried 7-0. 23. Certified List — Firefighter-Para- medic/Firefighter-EMT: Civil Service Commis- sion submitted the certified list for the position of Firefighter-Paramedic/Firefighter- EMT. Upon motion the documents were received, filed, and made a matter of record. November 8, 2023 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Firefighter -Paramedic / Firefighter -EMT was administered virtually (via @home testing) on October 24, 2023 and in -person on October 25, 2023. We hereby certify that the individuals listed below have passed this examination and the vacancy for this position should be made from this list and that this list is good for twelve (12) months from the above date. Firefighter -Paramedic / Firefighter -EMT 1. Joseph Billmyer, 2. Tyler Coble, 3. Lucas Drazkowski, 4. Benjamin Dugger, 5. Hunter Egan, 6. Lucas Fox, 7. Chad Genthe, 8. Josh Hora, 9. Jeremy Hubanks, 10. Alex Hudson, 11. Joshua Kuepers, 12. Cayden Long, 13. Ty- ler Lyons, 14. Erick Pagan, 15. Bergen Perry, 16. Nathan Phelan, 17. Ethan Senesac, 18. Justin Steckel, 19. Tyler Vorwald Respectfully submitted, Civil Service Commissioner 24. Approval of Retail Alcohol Licenses: Upon motion the documents were received and filed, and Resolution No. 385-23 Approving ap- plications for retail alcohol licenses, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 385-23 APPROVING APPLICATIONS FOR RETAIL ALCOHOL LICENSES, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDI- NANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CON- TROL, ARTICLE B LIQUOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for retail alcohol li- censes have been submitted and filed with the City Council for approval, and the same have been examined, provisionally approved, and/or approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City, and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Clerk is hereby author- ized and directed to cause to be issued at the noted premise address to the following appli- cants pending submission of the locally re- quired documentation: New Applications E.J.'s Whine Shop, 955 Washington St. Suite 105A EL1 Dubuque, 555 John F. Kennedy Rd. Suite 415 Renewals Big 10 Mart Car Wash, 1875 John F. Ken- nedy Rd. Bridge Restaurant The, 31 Locust St. Fuel Express Food Mart, 250 West 1st St. Grand Harbor Resort & Water Park, 350 Bell St. Happy's Place, 2323 Rockdale Rd. Holiday Inn, Five Flags, 450 Main St. Hotel Julien Dubuque, 200 Main St. Page 1251 of 2498 Book 153 Regular Session, November 20, 2023 436 Next Phase Bar, 1700 Central Ave. Pepper Sprout, Inc., 378 Main St. Your Pie, 806 Wacker Dr. Suite 100 Special Event(s) per Special Event Application Submittal The Mini Bar- Christmas on the Square — 11- 23-23 to 11-27-23, Bluff St. from V to 5th St. and 41h St. end to Bluff St. Wicked River — 11-30-23 to 12-4-23, East 10th St. from Jackson to Washington Sts. and Caradco Courtyard Passed, approved, and adopted this 20th 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 of Necessity for the Proposed Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal Dis- trict, Version 2023.4: Upon motion the docu- ments were received and filed and Resolution No. 386-23 Authorizing and directing the City Manager to prepare an Amended and Restated Urban Renewal Plan, Version 2023.4 for the Greater Downtown Urban Renewal District and setting the date for a public hearing and con- sultation on the proposed Amended and Re- stated Urban Renewal Plan, Version 2023.4 for said district was adopted setting a public hear- ing for a meeting to commence at 6:30 p.m. on December 18, 2023 in the Historic Federal Building. RESOLUTION NO. 386-23 AUTHORIZING AND DIRECTING THE CITY MANAGER TO PREPARE AN AMENDED AND RESTATED URBAN RENEWAL PLAN, VERSION 2023.4 FOR THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT AND SETTING THE DATE FOR A PUBLIC HEARING AND CONSULTATION ON THE PROPOSED AMENDED AND RESTATED URBAN RENEWAL PLAN, VERSION 2023.4 FOR SAID DISTRICT Whereas, the City Council of the City of Dubuque has heretofore approved the Amended and Restated Urban Renewal Plan (the "Plan" of "Urban Renewal Plan") for the Greater Downtown Urban Renewal District (the "District") in order to provide redevelopment opportunities which will further the purposes and objectives of the Urban Renewal Plan; and Whereas, City staff has recommended that the Urban Renewal Plan be further amended and restated to add projects to the public pur- pose activities in the District specifically and previously approved tax increment financing rebates related to development agreements; and Whereas, Iowa Code Chapter 403 requires that before an Urban Renewal Plan may be modified, the City Council must follow the noti- fication, consultation, and public hearing pro- cess set forth herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager is author- ized and directed to prepare an Amended and Restated Urban Renewal Plan, Version 2023.4 for the Greater Downtown Urban Renewal Dis- trict to accomplish the foregoing purposes and objectives, to include in such Amended and Restated Urban Renewal Plan, Version 2023.4 any appropriate project activities and details, to determine an appropriate date for and conduct the consultation process required by law with affected taxing entities concerning the pro- posed Amended and Restated Plan, Version 2023.4. Section 2. That the City Clerk is directed to publish notice of a public hearing on the adop- tion of an Amended and Restated Urban Re- newal Plan, Version 2023.4 for the Greater Downtown Urban Renewal District to be held on the 18th day of December, 2023, at 6:30 p.m. in the form [provided] hereto. The notice of said hearing shall generally identify the ar- eas covered by the proposed Amended and Restated Urban Renewal Plan, Version 2023.4 and the general scope of the urban renewal ac- tivities planned for such areas and said notice shall be published in a newspaper having gen- eral circulation within the City not less than four days nor more than twenty days before the date of said meeting. A copy of the notice of public hearing shall be sent by ordinary mail to the affected taxing entities. Section 3. That the Economic Development Director is directed to send by ordinary mail a copy of the proposed Amended and Restated Urban Renewal Plan, Version 2023.4, the no- tice of public hearing, a notice of consultation, and, to the extent the Amended and Restated Urban Renewal Plan, Version 2023.4 includes the use of tax increment revenues for a public building, an analysis of alternative develop- ment and funding options for such public build- ings, to the Dubuque Community School Dis- trict Board of Education and Dubuque County Board of Supervisors, as the affected taxing entities. Passed, approved, and adopted this 20th day of November, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk Page 1252 of 2498 Book 153 BOARDS/COMMISSIONS ular Session, November 20, 2023 437 1. Boards and Commission Applicant Re- view: Applications were reviewed for the follow- ing Boards and Commissions. Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. i. Cable Television Commission: One, 3- Year Term through July 1, 2026 (Vacant Term of Heidenreich). Applicant: Georgina Guerrero, 245 Princeton PI. Mayor Cavanagh stated that Ms. Guerrero submitted written input to the City Council in support of her application. PUBLIC HEARINGS 1. Amending South Pointe Planned Unit Development: Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Wethal. Planning Services Director Wally Wernimont provided a staff report and responded to questions regard- ing parking requirements, site plan reviews, and Planned Unit Development (PUD) amend- ments. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 47-23 Amending Ti- tle 16 of the City of Dubuque Code of Ordi- nances Unified Development Code by rescind- ing Ordinance 39-18 which provides regula- tions for the South Pointe PUD Planned Unit Development District with a Planned Residen- tial Designation and now being amended to modify lot coverage and setback requirements for townhouse dwellings. Seconded by Wethal. Motion carried 7-0. ORDINANCE NO. 47-23 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES UNI- FIED DEVELOPMENT CODE BY RESCIND- ING ORDINANCE 39-18 WHICH PROVIDES REGULATIONS FOR THE SOUTH POINTE PUD PLANNED UNIT DEVELOPMENT DIS- TRICT WITH A PLANNED RESIDENTIAL DESIGNATION AND NOW BEING AMENDED TO MODIFY LOT COVERAGE AND SETBACK REQUIREMENTS FOR TOWNHOUSE DWELLINGS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubu- que Code of Ordinances, Unified Development Code, is hereby amended by rescinding Ordi- nance 39-16 which provides regulations for a Planned Unit Development District with a Planned Commercial District designation for South Pointe, and now being amended to mod- ify lot coverage and setback requirements for townhouse dwellings. As shown in Exhibit 1, and to the cen- terline of the adjoining public right-of- way, all in the City of Dubuque, Iowa. Section 2. [provided] hereto and made a part of this zoning reclassification approval is the Conceptual Development Plan for the South Pointe Planned Unit Development marked Exhibit 1. It is recognized that minor shifts or modifications to the general plan lay- out may be necessary and compatible with the need to acquire workable street patterns, grades, and usable building sites. The general plan layout, including the relationship of land uses to the general plan framework and the de- velopment requirements shall be used as the implementation guide. A. Use Regulations Zone A: General Purpose and Descrip- tion: Zone A is intended to provide building lots for single-family detached dwellings and accessory structures as well as park and open space. 1. Development of property within Zone A of the South Pointe Planned Unit Development shall be regulated by Section 16-5-2 of the City Code, R-1 Single -Family Residential. Zone B: General Purpose and Descrip- tion: Zone B is intended to provide building lots for multi -Family Residential dwellings including two -unit and three - unit laterally attached dwellings and ac- cessory structures. 1. Development of property with Zone B of the South Pointe Planned Unit Development shall be regulated by Section 16-5-5 of the Unified Development Code, R- 3 Moderate Density Multi -Family Residential, except that lots with townhomes and duplexes are al- lowed 50 percent maximum lot coverage, 10-foot front yard and rear yard setbacks. Open decks are allowed a 2-foot rear yard set- back, but may not encroach on ac- cess and utility easements. Zone C: General Purpose and Descrip- tion: Zone C is intended to provide space for commercial businesses to serve South Pointe and the surrounding community. 1. Development of property within Zone C of the South Pointe Planned Unit Development shall be regulated by the provisions of Section 16-5-11 of the Unified De- velopment Code, C-2 Neighbor- hood Shopping Center District. Page 1253 of 2498 Book 153 Regular Session, November 20, 2023 438 B. Bulk Regulations Development of land within Zones A, B and C shall be regulated as follows: .. Front (feet) Permitted Uses 100 40 20 --- 20 20 Place of religious exercise or 20,000 75' assembly, School Single-family detached dwelling 5,000 50 40 20 50 6 20 30 Conditional Uses Bed and breakfast home 5,000 50 40 20 50 6 20 30 Licensed adult day services, 5,000 50 40 20 --- 6 20 30 Licensed child care center Mortuary, funeral home or 20,000 100 40 20 --- 20 20 30 crematorium ' May be erected to a height not exceeding 75 feet, provided that such buildings shall provide at least one additional foot of yard space on all sides for each additional foot by which such building exceeds the maximum height limit of the district in which it is located. Min Lot in Lot feet) � Permitted Uses 20 30 Multiple -family six du max 2,000/du 50 40 20 --- 4 Place of religious exercise or as- 20,000 100 40 20 --- 20 20 75' sembl , School Single-family detached dwelling 5,000 50 40 20 50 4 20 30 Townhouse six du max 1,600/du 16/du 50 10 --- 4/0 10 30 Two-family dwelling 5,000 50 50 10 50 4 10 30 Conditional Uses Individual zero lot line dwelling 5,000 50 40 20 50 10/0 20 30 Bed and breakfast home 5,000 50 40 20 50 4 20 30 Group home 5,000 50 40 20 4 20 30 Hospice 5,000 50 40 20 --- 4 20 30 Housing for the elderly or disa- 20,000 100 40 20 --- 20 20 30 bled Licensed adult day services, Li- 5,000 50 40 20 --- 4 20 40 censed child care center Mortuary, funeral home or crem- 20,000 100 40 20 20 20 30 atorium Nursing or convalescent home 20,000 100 40 20 --- 20 20 30 Off -premise residential garage --- --- --- 20 --- 4 6 15 Rooming or boarding house 5,000 50 1 40 20 4 20 1 30 ' May be erected to a height not exceeding 75 feet, provided that such buildings shall provide at least one additional foot of yard space on all sides for each additional foot by which such building exceeds the maximum height limit of the district in which it is located. Page 1254 of 2498 Book 153 ular Session, November 20, 2023 439 C. Parking and Loading Regulations development plan shall serve as the 1. The number, size and design of park- preliminary plat for this PUD District. ing spaces shall be governed by ap- Subdivision plats and improvement plicable provisions in Articles 13 and plans shall be submitted in accord- 14 of the City of Dubuque Unified De- ance with Article 11. Land Subdivi- velopment Code. sion, of the City of Dubuque Unified 2. The number, size and design and lo- Development Code. cation of parking spaces designated 4. Site Plans: Final site development for persons with disabilities shall be plans shall be submitted in accord - according to the local, state, or federal ance with Article 12 Site Plans and Ar- requirements in effect at the time of ticle 13 Site Design Standards prior to development. construction of each building and ve- 3. The location and number of private hicle-related feature unless otherwise driveway intersections with public exempted by Article 12. streets shall be reviewed and ap- 5. Storm Water Conveyance: The de - proved by the City Engineer. veloper of each lot shall be responsi- D. Sign Regulations ble for providing surface or subsur- 1. Applicability of City of Dubuque Ordi- face conveyance(s) of storm water nances: The provisions of the City of from the lot to existing storm sewers Dubuque Unified Development Code or to flow line of open drainage ways Article 15 Signs shall apply unless fur- outside the lot in a means that is sat- ther regulated by this section. isfactory to the Engineering Depart- 2. Signage for development zones within ment of the City of Dubuque. Other the South Pointe Planned Unit Develop- applicable regulations enforced by ment shall be regulated as follows: the City of Dubuque relative to storm a. Within Zone A, Sign Regulations for water management and drainage the R-1 Single -Family Residential shall apply to properties in the PUD District, Section 16-15-11.1 of the District. Unified Development Code, shall be 6. Other Codes and Regulations: These followed. regulations do not relieve an owner b. Within Zone B. Sign Regulations for from other applicable City, County, the R-3 Moderate Density Multi- State or Federal Codes, regulations, Family Residential District, Section laws, and other controls relative to the 16-14-11.1 of the Unified Develop- planning, construction, operation, and ment Code, shall be followed. management of property in the PUD c. Within Zone C, Sign Regulations for District. the C-3 Neighborhood Shopping F. Ordinance History Center District, Section 16-156-11.6 1. Ordinance 14-16 established regula- of the Unified Development Code, tions for the South Pointe Planned shall be followed. Unit Development. 3. Off -Premise Signs: Off -premise signs 2. Ordinance 43-17 amended South shall be prohibited. Pointe Planned Unit Development 4. Variances: Variances from sign re- regulations to designate additional quirements for size, number, and height building lots for townhomes. may be requested. Such variances 3. Ordinance 14-18 amended South shall be reviewed by the Zoning Board Pointe Planned Unit Development of Adjustment in accordance with Arti- regulations to modify setback and lot cle 8-6 of the Unified Development coverage requirements for double - Code. frontage lots and allow for a privacy E. Performance Standards - The develop- fence along South Pointe Drive. ment and maintenance of uses in this PUD 4. Ordinance 39-18 amended South District shall be established in conformance Pointe Planned Unit Development with the following standards: regulations to modify lot coverage and 1. No more than 100 dwelling units shall setback requirements for townhouse be allowed to be developed until such dwellings. time that a second public street ac- G. Transfer of Ownership - Transfer of own- cess or secondary emergency access ership or lease of property in this PUD is developed to serve South Pointe. District shall include in the transfer or 2. A six-foot high privacy fence along lease agreement a provision that the pur- South Pointe Drive shall be allowed chaser or lessee acknowledges aware - provided the fence is installed in com- ness of the conditions authorizing the es- pliance with SUDAS standards. tablishment of the district. 3. Platting: The conceptual H. Modifications - Any modifications of this Page 1255 of 2498 Book 153 Regular Session, November 20, 2023 440 Ordinance must be approved by the City Council in accordance with zoning reclas- sification proceedings of Article 9-5 of the Unified Development Code. I. Recording - A copy of this ordinance shall be recorded at the expense of the prop- erty owner(s) with the Dubuque County Recorder a permanent record of the con- ditions accepted as part of this reclassifi- cation approval within thirty (30) days af- ter the adoption of this ordinance. This or- dinance shall be binding upon the under- signed and his/her heirs, successors, and assigns. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Iowa. Section 4. This Ordinance shall take effect upon publication as provided by law. Passed, approved, and adopted this 20"' day of November 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Amending Dubuque Industrial Center South Planned Unit Development: Motion by Roussell to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Sprank. Planning Services Director Wally Wer- nimont provided a staff report. Motion carried 7-0. Motion by Roussell for final consideration and passage of Ordinance No. 48-23 Amend- ing Title 16 of the City of Dubuque Code of Or- dinances Unified Development Code by re- scinding Ordinance No. 16-23 which estab- lished regulations for a PUD Planned Unit De- velopment with a PI Planned Industrial Desig- nation and adopting an amended PUD Ordi- nance that increases the allowable area of di- rectional signage. Seconded by Sprank. Mo- tion carried 7-0. ORDINANCE NO. 48-23 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES UNI- FIED DEVELOPMENT CODE BY RESCIND- ING ORDINANCE NO. 16-23 WHICH ESTAB- LISHED REGULATIONS FOR A PUD PLANNED UNIT DEVELOPMENT WITH A PI PLANNED INDUSTRIAL DESIGNATION AND ADOPTING AN AMENDED PUD ORDI- NANCE THAT INCREASES THE ALLOWA- BLE AREA OF DIRECTIONAL SIGNAGE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubu- que Code of Ordinances, Unified Development Code, is hereby amended by rescinding Ordinance No. 16-23 and increasing the allow- able area of direction signage for the property legally described below, to wit: Lot A Dubuque Industrial Center South First Addition Lot B Dubuque Industrial Center South First Addition Balance of Lot C Dubuque Industrial Center South First Addition Lot 2 Dubuque Industrial Center South First Addition Lot 3 Dubuque Industrial Center South First Addition Lot 4 Dubuque Industrial Center South First Addition Lot 5 Dubuque Industrial Center South First Addition Lot 5A Dubuque Industrial Center South First Addition Lot A Dubuque Industrial Center South Third Addition Lot 1 Dubuque Industrial South Third Addition Lot 2 Dubuque Industrial Center South Third Addition Lot 3 Dubuque Industrial Center South Third Addition Lot 2 of Brehm Acres Plat 3 Section 2. [provided] hereto and made a part of this zoning reclassification approval is the Conceptual Development Plan for the Dubuque Industrial Center South Planned Unit Development marked Exhibit A. It is recog- nized that minor shifts or modifications to the general plan layout may be necessary and compatible with the need to acquire workable street patterns, grades, and usable building sites. The general plan layout, including the re- lationship of land uses to the general plan framework and the development requirements shall be used as the implementation guide. A) Definitions 1) Building -related Features - Building - related features are defined as all con- struction items which rise above the grade surface of the lot. These include: a) The primary building. b) All accessory or secondary build- ings. c) All exterior storage areas. d) Exterior refuse collection areas. e) Exterior mechanical equipment. f) Containerized or tank storage of liquids, fuels, gases, and other ma- terials. 2) Vehicle -related Features - Vehicle - related features are defined as all areas used for the movement and parking of all vehicles within the lot. These in- clude: a) Employee and visitor parking spaces. b) Driveways from the street right - Page 1256 of 2498 Book 153 Regular Session, November 20, 2023 441 of -way line to and from parking spaces. c) Loading spaces outside of the building. d) Maneuvering spaces outside the building. e) Parking spaces for company - owned commercial vehicles. f) Fire lanes. g) Railroad tracks 3) Open Space Features - Open space features are defined as those exterior areas and developed features of the lot which include: a) Landscape space containing lawn areas and plantings. b) Paved, hard -surfaced pedestrian areas such as walkways, plazas, entryways and courtyards. c) Storm water management facili- ties not otherwise used for building - related or vehicle -related purposes. d) Open recreation areas and recre- ational trail. e) Other non -building and non -ve- hicular related space. B. Use Regulations Zone D: General Purpose and Description. Zone D is intended to provide a location for heavy industrial uses. Exterior storage is al- lowed, provided it is screened from view from public right-of-way. 1) Principal permitted uses shall be lim- ited to: a) Railroad and public or quasi -pub- lic utilities. b) Corporate offices. c) Mail order houses. d) Printing and publishing. e) Laboratories for research and en- gineering. f) Moving/storage facilities. g) Wholesale sales/distributor. h) Freight transfer facilities. i) Fuel and ice dealers. j) Cold storage/locker plants. k) Packing and processing of meat, dairyorfood products, notto include stockyards or slaughterhouses. 1) Compounding, processing, and packaging of chemical products. m) Manufacture, assembly, repair or storage of electrical and elec- tronic products, components, or equipment. n) Warehousing and storage facili- ties, not to include mini ware- houses. o) Manufacturing, processing, fabri- cation, assembling, packaging or other comparable treatment of goods or materials. 2) Conditional uses shall be limited to the following: a) Day care center, within a primary office/industrial building or as an ac- cessory structure on the same lot. Day care centers are subject to state regulations and requirements of Article 8-20, Licensed Childcare Center, of the Unified Development Code. 3) Accessory uses shall be limited to the following: a) Retail outlets within a primary of- fice/industrial building, selling prod- ucts produced on -site and only as accessory to the principal use. b) Any use customarily incidental and subordinate to the principal use it serves. 4) Temporary uses shall be limited to the following: Any use listed as a per- mitted use within the PUD District of a limited duration as established in Article 3-19 and as defined in Article 2-3 of the Unified Development Code. 5) The provision of off-street parking shall be regulated by Article 14 of the City of Dubuque's Unified Development Code. Zone O: General Purpose and Description. Zone O is intended to serve as an amenity to the industrial park, provide public areas and control of storm water to protect downstream properties. 1) Principal permitted uses shall be lim- ited to: a) Railroads and public or quasi - public utilities. b) Parks, nature areas, play- grounds, and similar recreational uses. c) Picnic areas. d) Recreational trails. e) Club houses, shelter houses, ten- nis courts, playground equipment, or other recreational buildings and structures when associated with parks, nature areas, playgrounds, and recreational facilities. f) Construction of dams, reservoirs, detention ponds and similar storm water control facilities. 2) Conditional uses (reserved for future use). 3) Accessory uses shall be limited to the following: A) Any use customarily incidental and sub- ordinate to the principle use it serves. 4) Temporary uses (reserved for future use). C. Lot Bulk Regulations - Development of land in Zones D and O shall be regulated as follows: 1) All building structures and activities Page 1257 of 2498 Book 153 Regular Session, November 20, 2023 442 shall be located in conformance with the [provided] conceptual development plan and all final site development plans shall be approved in accordance with provisions of this ordinance and Article 12 of the Unified Development Code. 2) All building -related features in Zones D and O shall be in accordance with the following bulk regulations chart: Min. lot area in acres, Lot frontage min. ft., Front yard setback min. ft., Side yard setback min. ft., Rear yard setback min. ft., Building height max. ft. Zone O, N/A, N/A, N/A, N/A, N/A, N/A Zone D, 2 acres, 100, 50, 25, 50, 100 a) Lots smaller than minimum will be allowed if the parcel is consoli- dated or combined with a larger lot. Substations for public and quasi -public utilities shall be ex- empt from lot frontage and lot area requirements. b) Maximum lot coverage shall be 80 percent. All building and vehi- cle related features shall be con- sidered when calculating total land area coverage, except fire lanes and railroad tracks. c) Maximum building height shall be as stipulated in the bulk regula- tions chart above, except the fol- lowing may exceed the height limit: cooling towers, condensers, elevator bulkheads, stacks and other necessary mechanical equipment and their protective housing. Heating, ventilating, and air conditioning (HVAC) equip- ment is limited to 10 ft. above height limitation. d) Within required front, side, and rear setbacks, only driveways, fire lanes, railroad tracks, open space features and primary and second- ary signage are allowed. Parking lots may encroach up to 50% into the required front yard setback. D. Parking and Loading Regulations 1) All vehicle -related features, except for railroad tracks, shall be surfaced with either asphalt or concrete. 2) All parking and loading spaces shall be delineated on the surfacing material by painted stripes or other permanent means. 3) The number, size and design of park- ing spaces shall be governed by appli- cable provisions in Articles 13 and 14 of the City of Dubuque Unified Develop- ment Code. 4) The number, size and design and lo- cation of parking spaces designated for persons with disabilities shall be according to the local, state, or federal requirements in effect at the time of de- velopment. 5) The location and number of private driveway intersections with public streets shall be reviewed and approved by the City Engineer. 6) No on -street maneuvering of delivery vehicles will be allowed on any street. Lots shall provide all necessary maneu- vering space for delivery vehicles within the boundaries of the lots. 7) All loading docks for shipping and re- ceiving raw and manufactured goods shall be designed to provide for the di- rect movement of goods between the delivery vehicle and the interior of the building. E. Exterior Storage Regulations - Exterior storage shall be in accordance with the fol- lowing regulations: Allowable Products Store, Allowable Location, Allowable Screening Materials, Minimum Opacity, Maximum Height of Screening Zone D, Raw or finished goods; equipment, Rear or side yards, Similar to building color, 50%, 12 ft. Zone O, PROHIBITED 1) Exterior storage of materials, which could be blown into the air or strewn about by the wind, shall be prohibited. 2) Exterior storage, where allowed, shall not encroach into a front yard. A front yard may exceed the required front yard setback. 3) The ground area coverage of exterior storage areas shall be the area con- tained inside the required screening. This area shall be considered to be a building -related feature for purposes of calculating total land area coverage. 4) Exterior storage must be screened from view from adjacent public right-of- way. 5) The screening height shall be meas- ured from the ground level outside the line of the screen. Screens built on slop- ing grades shall be stepped so that their top line shall be horizontal. 6) Required screening is intended to buffer surrounding property from the negative visual impact created by the storage of raw or finished goods, mate- rials and equipment that can adversely impact the value of adjacent property. 7) The City Planner may grant a waiver for screening to exceed the maximum height allowed when topography or height of individual finished products or equipment could make it impossible to completely screen a storage area from every vantage point. The City Planner may not grant waiver in maximum Page 1258 of 2498 Book 153 Regular Session, November 20, 2023 443 screening height for raw materials or landscape regulations shall apply to each lot: stacked goods. 1) Plant Materials: The open space 8) All exterior entrances to a screened area of each lot shall be planted with storage area shall be provided with a permanent lawn and ground covers, gate or door of similar design to that of shrubs, and trees. It is the intent of the screen. these regulations that the development 9) Long-term storage of products or ma- of required open spaces shall reflect a terials in semi -trailers or shipping con- high quality of environmental design. tainers is prohibited. 2) Landscaping: The following is the F. Exterior Trash Collection Area Require- minimum requirement of trees and ments shrubs, by number and size, and the 1) Exterior trash collection areas shall type of ground cover required. Street include collection bins, dumpsters, and trees planted in public street right -of - similar waste receptacles for the short- way shall not be counted toward fulfill - term storage and collection of trash. ment of the minimum site requirements Trash shall include garbage, scrap, re- set forth below. Plant species to be cyclables, debris, and similar materials. used for landscaping shall be in accord- 2) The storage of trash shall be limited ance with the City of Dubuque Street to that produced by the principal permit- Tree Policy. Existing trees and shrubs ted use and accessory uses of the lot. to be retained on -site may be counted Exterior storage of trash, which could toward fulfillment of the landscaping re - be blown into the air or strewn about by quirements. the wind, shall be prohibited. a) Minimum tree planting require- 3) The ground area coverage of exterior ments for any new development in trash collection areas shall be the area the Dubuque Industrial Center contained inside the required screen- South shall be one (1) tree of the fol- ing. This area shall be considered a lowing size per 1,600 square ft. of building -related feature for purposes of required open space: calculating total land area coverages. 40% minimum: 2-2 1/2" caliper diam- 4) Exterior trash collection areas shall eter deciduous and/or 8-foot height be located in rear or side yards only. Ex- or greater evergreen. terior trash collection areas shall not en- Balance: 1 '/2 - 2" caliper diameter de- croach into a front yard. A front yard ciduous and/or 6-foot height ever - may exceed the required front yard set- green. back. b) Minimum shrub requirements at the 5) All exterior trash collection areas and time of planting for any develop - the materials contained therein shall be ment in the PUD District shall be 6 screened from view from the adjacent shrubs, or 1 shrub per public right-of-way. Type of Sian, Maximum size, Maximum Number, Allowable Structure type, Maxi - 6) The screening shall be a completely mum Height* opaque fence, wall or other feature not exceeding a height of 10 ft. measured Industrial Center Entrance Signs, 200 sq. ft. from the ground level outside the line of per sign face, Three (3) signs, Monument, 12 the screen. Screens built on sloping ft. grades shall be stepped so that their top Industrial Center Directory Signs, 30 sq. ft. per line shall be horizontal. sign face, Three (3) signs, Monument, 8 ft. 7) Exposed materials used to construct Company Primary Signs, 10% of building wall the opaque screen shall be similar in sign is mounted on or 400 total square ft. of appearance to materials used for exte- sign area, whichever is less., 2 signs per street rior building walls. All exterior entrances frontage per business, Wall -mounted, Below to a screened trash area shall be pro- eave or parapet vided with a gate or door of similar de- Company Primary Signs, 150 sq. ft. per sign sign to that of the screen. face, 1 sign per business restricted to interior 8) If a 10-foot-high screen fails to shield street frontages only, Monument, 10 ft. the exterior trash collection area from Secondary signs, 24 sq. ft. per sign face, No view from the adjacent public right -of- maximum number, Wall -mounted, 10 ft. way, evergreen plantings may be re- Secondary signs, 24 sq. ft. per sign face, No quired in addition to the screening. Ev- maximum number, Monument, 6 ft. ergreen plant materials shall be se- 'The height of the monument -style signs shall lected and designed so that they will be measured from average grade to top of sign screen the area from the adjacent pub- structures. lic right-of-way within five (5) years. a) Variances: Variances from sign re- G. Landscaping Regulations - The following quirements for size, number and Page 1259 of 2498 Book 153 Regular Session, November 20, 2023 444 height may be requested. Such var- Chapter 364 and Chapter 384. iances shall be reviewed by the 3) If such pro rata share is not paid Zoning Board of Adjustment in ac- within thirty (30) days after its due date, cordance with Article 8-6 of the Uni- the owner agrees that that amount of fied Development Code. such pro rata share will become a lien b) Lighting: Signs may be illuminated upon the lot obligated to pay the same only by means of indirect lighting, and will bear interest from the due date whereby all light sources and de- at the highest legal contract rate appli- vices are shielded from view by cable to a natural person. The owner opaque or translucent materials, or further agrees that the City may bring internally illuminated by means of a an action at law against any owner ob- light source completely enclosed by ligated to pay the same or foreclose the the sign panel. lien against the lot. c) Motion: No signs may include any The owner agrees that the owner is also device or means, mechanical, elec- obligated to reimburse the City for the trical, or natural, which shall cause City's costs and reasonable attorney's any motion of the sign panel or any fees of any collection efforts. The owner part thereof. No flashing lights or agrees that the owner may not waive or changing colors shall be allowed. otherwise avoid liability for an assess - Maintenance Assessments ment provided herein by non-use of the 1) The City will cause the construction Public Areas or abandonment of a lot. of such improvements as the City 4) An owner's pro rata share is equal to deems appropriate in the Public Areas a fraction, the numerator of which is the of this PUD District shown on the Plan. gross square ft. area of the lot or lots Maintenance and repair of the Public owned by the owner and the denomina- Areas and its improvements is the re- for of which is the gross square ft. area sponsibility of the City with fifty percent of all lots in this PUD District exclusive (50%) of costs of such maintenance of the Public Areas and public rights -of - and repair assessed to and paid by the way. owners of property in this PUD District. J. Performance Standards - The develop - Private connections to the Public Areas ment and maintenance of uses in this PUD and the subsequent maintenance and District shall be established in conformance repair of such private connections are with the following standards the responsibility of each owner and 1) Platting: The conceptual develop - may not be constructed without the ment plan shall serve as the preliminary prior written approval of the City. plat for this PUD District. Subdivision 2) The City will assess against the prop- plats and improvement plans shall be erties in this PUD District in each as- submitted in accordance with Article 11. sessment year an annual assessment Land Subdivision, of the City of Dubu- for the purpose of paying fifty percent que Unified Development Code. (50%) of the actual costs of the City's 2) Site Plans: Final site development maintenance and repair of the Public plans shall be submitted in accordance Areas and the actual costs associated with Article 12 Site Plans and Article 13 with maintaining and lighting the park Site Design Standards prior to con - entrance signs. Said assessment may struction of each building and vehicle - also include the establishment of a cap- related feature unless otherwise ex- ital improvements reserve fund for such empted by Article 12. purposes. Upon establishment of such 3) Storm Water Conveyance: The de - assessment levy, the owner of each lot veloper of each lot shall be responsible must pay to the City a pro rata share (as for providing surface or subsurface con - hereinafter defined) of such assess- veyance(s) of storm water from the lot ment. to existing storm sewers or to flow line The owner waives any and all rights to of open drainage ways outside the lot in further notice, to object to the assess- a means that is satisfactory to the Engi- ments, the amount of the assessments, neering Department of the City of Dubu- the procedure for certifying the assess- que. Other applicable regulations en- ments or to any other rights the owner forced by the City of Dubuque relative would have as provided in Iowa Code to storm water management and drain - Chapter 364 and Chapter 384 and that age shall apply to properties in the PUD the schedule of assessments may be District. certified by the City to the Dubuque 4) Noises: Noises generated within the County Treasurer for collection in the PUD District shall be regulated by same manner as provided in Iowa Code Chapter 33, Article IV, Noises, of the Page 1260 of 2498 Book 153 Regular Session, November 20, 2023 445 City of Dubuque Code of Ordinances. 5) Flood Plain Regulations: The area of the PUD District that lies within the flood plain of Catfish Creek shall be subject to the regulations of Article 6-4 of the Unified Development Code. 6) Phased construction of buildings and parking spaces: The construction of off- street parking spaces may be phased in proportion to the percentage of total building floor area constructed at any one time. Ground area set aside for fu- ture parking, loading spaces or drive- ways or for parking provided in excess of the minimum required number of parking spaces shall not reduce the minimum required area for open space. 7) Other Codes and Regulations: These regulations do not relieve an owner from other applicable City, County, State or Federal Codes, regulations, laws, and other controls relative to the planning, construction, operation, and management of property in the PUD District. K. Ordinance History 1) Ord. 2-13: reclassifying hereinafter described property located north and south of Seippel Road and north of U.S. Highway 20 from AG Agricultural Dis- trict to PUD Planned Unit Development with a PI Planned Industrial designation for the Dubuque Industrial Center South. 2) Ord. 16-23: an amendment to the Planned Unit Development that ex- pands the district by incorporating an additional parcel of land. L. Transfer of Ownership - Transfer of own- ership or lease of property in this PUD Dis- trict shall include in the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the district. M. Modifications - Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassi- fication proceedings of Article 9-5 of the Unified Development Code. N. 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 accepted as part of this reclassi- fication approval within ten (10) days after the adoption of this ordinance. This ordi- nance shall be binding upon the under- signed and his/her heirs, successors, and assigns. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Iowa. Section 4. This Ordinance shall take effect upon publication as provided by law. Passed, approved, and adopted this 201h day of November 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Amending Unified Development Code regarding Maternity Group Home: Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Wethal. Planning Services Director Wally Wer- nimont provided a staff report. John Freund, 1005 Main St., spoke in support of the request as legal counsel for the applicant, stating that the maternity home definition is intended to be specific. A suggestion was made by City Coun- cil to alter the maximum number of women that could be supported under the maternity group home definition from four women to eight women to be consistent with state code defini- tions. Mr. Wernimont stated that Iowa State Code contains a definition for a family home. While the family home definition includes disa- bility, pregnancy is not categorized as a disa- bility and therefore is not covered by the regu- lations set forth in Iowa State Code. Mr. Werni- mont recommended maintaining the current definition of maternity group home. City Coun- cil concurred with the recommendation and ex- pressed support for the ordinance. Mr. Werni- mont confirmed that if the ordinance is adopted, Mary's Inn Maternity Home will not have to obtain a conditional use permit from the Zoning Board of Adjustment if they operate in the appropriate district. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 49-23 Amending Ti- tle 16 of the City of Dubuque Code of Ordi- nances, Unified Development Code, by amending Article 16-2-3 (Definitions) by adding a definition of Maternity Group Home, and by amending Articles 16-5-2 (R-1), 16-5-3 (R-2), 16-5-4 (R-2A), 16-5-5 (R- 3), 16-5-6 (R-4), 16- 5-7 (OR), 16-5-10 (C-1), 16-5-11 (C-2), 16-5- 12 (C-2A), 16-5-13 (C-3), 16-5-14 (C-4), 16-5- 15 (C-5), 16-5-16 (CS), And 16-5-17 (CR) by adding Maternity Group Home as a permitted use. Seconded by Wethal. Motion carried 7-0. ORDINANCE NO. 49-23 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY AMEND- ING ARTICLE 16-2-3 (DEFINITIONS) BY ADDING A DEFINITION OF MATERNITY GROUP HOME, AND BY AMENDING ARTI- CLES 16-5-2 (R-1), 16-5-3 (R-2), 16-5-4 (R- 2A), 16-5-5 (R-3), 16-5-6 (R-4), 16-5-7 (OR), 16-5-10 (C-1), 16-5-11 (C-2), 16-5-12 (C-2A), Page 1261 of 2498 Book 153 Regular Session, November 20, 2023 446 16-5-13 (C-3), 16-5-14 (C-4), 16-5-15 (C-5), 16-5-16 (CS), AND 16-5-17 (CR) BY ADDING MATERNITY GROUP HOME AS A PERMIT- TED USE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubu- que Code of Ordinances, Unified Development Code Chapter 16-2-3 Definitions is hereby amended as follows: 16-2-3 Definitions Maternity Group Home: A community - based residential home providing room and board, supervision, training, educa- tion, and personal support in a family environment for up to four (4) women, who are either pregnant or who have given birth within the last twenty-four (24) months, and their child(ren). Such a site may also include both onsite over- night room accommodations and office space for staff who provide and/or ad- ministrate such a service. Section 2. That Title 16 of the City of Dubu- que Code of Ordinances, Unified Development Code Chapters 16-5-2 (R-1), 16-5-3 (R-2), 16- 5-4 (R-2A), 16-5-5 (R-3), 16-5-6 (R-4), 16-5-7 (OR), 16-5-10 (C-1), 16-5-11 (C-2), 16-5-12 (C- 2A), 16-5-13 (C-3), 16-5-14 (C-4), 16-5-15 (C- 5), 16-5-16 (CS), AND 16-5-17 (CR), are hereby amended as follows: 16-5-2-1 Principal Permitted Uses - Ma- ternity Group Home 16-5-3-1 Principal Permitted Uses - Ma- ternity Group Home 16-5-4-1 Principal Permitted Uses - Ma- ternity Group Home 16-5-5-1 Principal Permitted Uses - Ma- ternity Group Home 16-5-6-1 Principal Permitted Uses - Ma- ternity Group Home 16-5-7-1 Principal Permitted Uses - Ma- ternity Group Home 16-5-8-1 Principal Permitted Uses - Ma- ternity Group Home 16-5-9-1 Principal Permitted Uses - Ma- ternity Group Home 16-5-10-1 Principal Permitted Uses - Maternity Group Home 16-5-11-1 Principal Permitted Uses - Maternity Group Home 16-5-12-1 Principal Permitted Uses - Maternity Group Home 16-5-13-1 Principal Permitted Uses - Maternity Group Home 16-5-14-1 Principal Permitted Uses - Maternity Group Home 16-5-15-1 Principal Permitted Uses - Maternity Group Home 16-5-16-1 Principal Permitted Uses - Maternity Group Home 16-5-17-1 Principal Permitted Uses - Maternity Group Home Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Iowa. Section 4. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved, and adopted this 20th day of November 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Resolution Adopting the Proposed Urban Renewal Plan for the Emri Urban Renewal Dis- trict: Motion by Resnick to receive and file the documents and adopt Resolution No. 387-23 Approving the Amended and Restated Urban Renewal Plan for the Emri Economic Develop- ment District. Seconded by Farber. Motion car- ried 7-0. RESOLUTION NO. 387-23 APPROVING THE AMENDED AND RE- STATED URBAN RENEWAL PLAN FOR THE EMRI ECONOMIC DEVELOPMENT DIS- TRICT Whereas, by Resolution 344-23 on October 16, 2023, the City Council of the City of Dubu- que, Iowa authorized the preparation of an Ur- ban Renewal Plan for the Emri Economic De- velopment District (the "District"); and Whereas, the City of Dubuque's primary objective for the Urban Renewal Plan is to pro- vide opportunities which will further economic development purposes and objectives; and Whereas, a consultation process has been undertaken with affected taxing entities in ac- cordance with Chapter 403 of the Code of Iowa with no written objections or recommended changes to the Urban Renewal Plan received; and Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public hearing on the proposed Urban Re- newal Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Urban Renewal Plan for the Emri Economic Development District, on file in the City Clerk's Office and made refer- ence to herein, is hereby approved. Section 2. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and di- rected to file a certified copy of this Resolution in the office of the Dubuque County Auditor. Passed, approved, and adopted this 20th day of November, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Resolution Approving a First Amend- ment to Development Agreement by and Page 1262 of 2498 Book 153 Regular Session, November 20, 2023 447 between the City of Dubuque, Iowa and 799 Main, LLC Providing for the Issuance of Urban Renewal Tax Increment Revenue Grant Obli- gations Pursuant to the Development Agree- ment: Motion by Wethal to receive and file the documents and adopt Resolution No. 388-23 Approving a First Amendment to Development Agreement by and between the City of Dubu- que, Iowa and 799 Main, LLC, including the is- suance of Urban Tax Increment Revenue Obli- gations. Seconded by Resnick. Motion carried 7-0. RESOLUTION NO. 388-23 APPROVING A FIRST AMENDMENT TO DE- VELOPMENT AGREEMENT BY AND BE- TWEEN THE CITY OF DUBUQUE, IOWA AND 799 MAIN, LLC, INCLUDING THE ISSU- ANCE OF URBAN TAX INCREMENT REVE- NUE OBLIGATIONS Whereas, the City of Dubuque, Iowa (City) and 799 Main, LLC entered into a Development Agreement, dated for reference the 17th day of July, 2023, providing for a Facade Grant, Plan- ning & Design Grant, a Financial Consultant Grant, a Housing Creation Grant, and Urban Renewal Tax Increment Revenue Obligations; and Whereas, the City Council, by Resolution No. 366-23, dated November 6, 2023, declared its intent to approve a First Amendment to De- velopment Agreement by and between City and 799 Main, LLC, including the issuance of Urban Renewal Tax Increment Revenue Obli- gations; and Whereas, pursuant to published notice, a public hearing was held on the proposed First Amendment to Development Agreement on November 20, 2023 at 6:30 p.m.; and Whereas, it is the determination of the City Council that approval of the First Amendment to Development Agreement for redevelopment of the Property by 799 Main, LLC, according to the terms and conditions set out in the First Amendment to Development 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 First Amendment to De- velopment Agreement by and between the City of Dubuque, Iowa, and 799 Main, LLC, a copy of which is [provided] hereto, including the is- suance of Urban Renewal Tax Increment Rev- enue Obligations, is hereby approved. Section 2. That the Mayor is hereby author- ized and directed to execute the Development Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is author- ized to take such actions as are necessary to comply with the terms of the Development Agreement as herein approved. Passed, approved, and adopted this 201h day of November, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Resolution Approving a Development Agreement between the City of Dubuque, Iowa and Vanguard Enterprises, Inc. for the Issu- ance of Urban Renewal Tax Increment Reve- nue Grant Obligations Pursuant to the Devel- opment Agreement: Motion by Jones to receive and file the documents and adopt Resolution No. 389-23 Approving a Development Agree- ment by and between the City of Dubuque, Iowa, and Vanguard Enterprises, Inc. including the issuance of Urban Tax Increment Revenue Obligations. Seconded by Sprank. Dan McDonald, Director of Existing Business with Greater Dubuque Development Corporation (GDDC), spoke in support of the Development Agreement. City Council expressed enthusi- asm for the businesses expansion. Motion car- ried 7-0. RESOLUTION NO. 389-23 APPROVING A DEVELOPMENT AGREE- MENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA, AND VANGUARD EN- TERPRISES, INC. INCLUDING THE ISSU- ANCE OF URBAN TAX INCREMENT REVE- NUE OBLIGATIONS Whereas, Vanguard Enterprises, Inc. is the owner of the property legally described as fol- lows: Lot 1 of Lot 4 of Dubuque Industrial Center West 4th Addition is the City of Dubuque, Iowa according to the rec- orded Plat thereof (the Property); and Whereas, the City Council, by Resolution No. 367-23, dated November 6, 2023, declared its intent to enter into a Development Agree- ment by and between the City of Dubuque, Iowa, and Vanguard Enterprises, Inc., includ- ing the issuance of Urban Renewal Tax Incre- ment Revenue Obligations; and Whereas, pursuant to published notice, a public hearing was held on the proposed De- velopment Agreement on November 20, 2023 at 6:30 p.m.; and Whereas, it is the determination of the City Council that approval of the Development Agreement for redevelopment of the Property by Vanguard Enterprises, Inc., according to the terms and conditions set out in the Develop- ment 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 Development Agree- ment by and between the City of Dubuque, Iowa, and Vanguard Enterprises, Inc., a copy Page 1263 of 2498 Book 153 Regular Session, November 20, 2023 448 of which is [provided] hereto, including the is- suance of Urban Renewal Tax Increment Rev- enue Obligations, is hereby approved. Section 2. That the Mayor is hereby author- ized and directed to execute the Development Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is author- ized to take such actions as are necessary to comply with the terms of the Development Agreement as herein approved. Passed, approved, and adopted this 20"' day of November, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7. Approval of a Lease Agreement by and Between the City of Dubuque, Iowa and the Dubuque Arboretum Association, Inc.: Motion by Roussell to receive and file the documents and adopt Resolution No. 390-23 Approving a Lease Agreement by and between the City of Dubuque, Iowa, and Dubuque Arboretum As- sociation, Inc. Seconded by Sprank. City Coun- cil Members thanked city staff for their efforts on the lease agreement. Motion carried 7-0. RESOLUTION NO. 390-23 APPROVING A LEASE AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA, AND DUBUQUE ARBORETUM AS- SOCIATION, INC. Whereas, City is the owner of a public facil- ity known as Marshall Park (the Park); and Whereas, Dubuque Arboretum Associa- tion, Inc. desires to lease and continue to oper- ate the above -described real estate as an ar- boretum and botanical garden; and Whereas, the City Council by Resolution No. 368-23, dated November 6, 2023 declared its intent to enter into a Lease Agreement by and between the City of Dubuque, Iowa and Dubuque Arboretum Association, Inc.; and Whereas, pursuant to a published notice, a public hearing was held on the proposed lease agreement on November 20, 2023 at 6:30 p.m.; and Whereas, it is the determination of the City Council that approval of the lease agreement for the public facility known as Marshall Park, according to the terms and conditions set out in the lease 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. The Lease Agreement by and between the City of Dubuque and Dubuque Ar- boretum Association, Inc. for the lease of the Park, a copy [provided] hereto, is hereby ap- proved. Section 2. That the City Manager is hereby authorized and directed to execute the Lease Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest his signature. Section 3. That the City Manager is author- ized to take such actions as are necessary to comply with the terms of the Lease Agreement as herein approved. Passed, approved, and adopted this 201h day of November, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 8. Public Hearing: SOO Green HVDC Link ProjectCo, LLC Franchise Agreement: Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Farber. Senior Counsel Barry Lindahl intro- duced SOO Green HVDC Link ProjectCo, LLC Vice President Raj Rajan, who made a presen- tation. Mr. Rajan and Mr. Lindahl responded to questions from the City Council about engag- ing smaller cities for franchise agreements and project outcomes. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 50-23 Granting to Soo Green HVDC Link ProjectCo, LLC, its suc- cessors and assigns, the right and franchise pursuant to Iowa Code Section 364. 2( 4) to construct, reconstruct, relocate, repair, re- place, maintain and operate in the City of Dubuque, Dubuque County, Iowa, a transmis- sion system for the transmission of electric en- ergy and communication facilities and the right to construct, reconstruct, relocate, repair, re- place, maintain, operate, the necessary con- duits and other appliances or equipment for the transmission of electric current and communi- cation facilities under certain streets, avenues, alleys and public places and in a certain rail- road right of way in the City of Dubuque, Dubu- que County, Iowa within the city as the bound- aries are now and may hereafter exist, for the period of twenty- five ( 25) years (" franchise" or " ordinance"). Seconded by Farber. Motion carried 7-0. ORDINANCE NO. 50-23 ELECTRIC FRANCHISE (TRANSMISSION SYSTEM) - GRANTING TO SOO GREEN HVDC LINK PROJECTCO, LLC, ITS SUC- CESSORS AND ASSIGNS, THE RIGHT AND FRANCHISE PURSUANT TO IOWA CODE SECTION 364.2(4) TO CONSTRUCT, RE- CONSTRUCT, RELOCATE, REPAIR, RE- PLACE, MAINTAIN AND OPERATE IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, A TRANSMISSION SYSTEM FOR THE TRANSMISSION OF ELECTRIC EN- ERGY AND COMMUNICATION FACILITIES Page 1264 of 2498 Book 153 Regular Session, November 20, 2023 449 AND THE RIGHT TO CONSTRUCT, RECON- meeting. The notice was mailed not less STRUCT, RELOCATE, REPAIR, REPLACE, than seven (7) days and not more than MAINTAIN, OPERATE, THE NECESSARY twenty (20) days prior to the meeting. CONDUITS AND OTHER APPLIANCES OR The notices contained the following: EQUIPMENT FOR THE TRANSMISSION OF 1. The name of the applicant. ELECTRIC CURRENT AND COMMUNICA- 2. The applicant's principal place of TION FACILITIES UNDER CERTAIN business. STREETS, AVENUES, ALLEYS AND PUB- 3. A general description and purpose LIC PLACES AND IN A CERTAIN RAILROAD of the proposed project. RIGHT OF WAY IN THE CITY OF DUBUQUE, 4. The general nature of the franchise DUBUQUE COUNTY, IOWA WITHIN THE desired. CITY AS THE BOUNDARIES ARE NOW AND 5. A map showing the route of the pro - MAY HEREAFTER EXIST, FOR THE PERIOD posed project. OF TWENTY-FIVE (25) YEARS ("Franchise" 6. A description of all equipment to be or "Ordinance") constructed or installed. BE IT ENACTED by the City Council of the 7. The place and time of the meeting. City of Dubuque, Iowa: 8. The Company contact person and Section 1. Introduction. contact information for a Company There is hereby granted to SOO GREEN representative who will be available HVDC LINK PROJECTCO, LLC, hereinaf- Monday through Friday during the ter referred to as "SOO Green" or the Company's business hours to re - "Company," its successors and assigns, spond to citizen inquiries about the the right and franchise to construct, recon- project. struct, repair, replace, maintain and oper- Section 3. Management Fee. ate in the City of Dubuque, Dubuque 3.1 The Company shall pay the City County, Iowa, the necessary conduits, and upon receipt of annual statements a man - other appliances or equipment for the agement fee for the City's management transmission of electric current and com- costs which are the reasonable, direct, and munication facilities (collectively, the "Facil- fully documented costs the City actually in- ities") and the right to construct, recon- curs to manage the Company's use of the struct, relocate, repair, replace, maintain public rights -of -way as provided by Iowa and operate the Facilities under the streets, Code Section 480A.2(2). In lieu of an an - avenues, alleys and public places and in nual statement and at the City's option, the certain railroad right of way in the City of City and the Company may agree to use an Dubuque, Dubuque County, Iowa, in the estimated fee. preliminary route as shown on Exhibit A 3.2 The Company shall install, at its (the "Route"), the final route to be subject to cost, fiber conduit and associated vaults the written approval of the City Manager described in Exhibit B, to be owned, oper- before any mobilization, staging, or con- ated and managed exclusively by the City, struction of the Facilities within the City lim- along the Canadian Pacific Kansas City its. This Franchise shall be effective for a (CAPAC) right-of-way segments of the pro - twenty -five (25) year period from and after ject corridor within municipal limits. The the effective date defined in Paragraph 20 Company shall be responsible for any fiber - herein ("Effective Date"). SOO Green is related fees charged by CPKC. Upon rea- also granted the right of eminent domain as sonable notice to the Company, the City provided in Iowa Code Section 364.2(4) as shall have access to the conduit and vaults reasonably necessary to carry out the pur- to repair, replace, maintain, and operate poses of this Franchise. the conduit and vaults. The Company shall Section 2. Public Meeting. notify the City of any construction, recon- 2.1 As a condition precedent to the pub- struction, relocation, repair, replacement, lic hearing required by Iowa law and the or maintenance of the Facilities that would adoption of this Ordinance, the Company affect the City's conduit to permit the City to held a public informational meeting on July take such action as it deems necessary to 10, 2021. The meeting was held in person protect its conduit. The City's exercise of its at the Hotel Julien in Dubuque. right to repair/replace co -located fiber may 2.2 Notice of the time and place of the not interfere with rail operations or with op - meeting was published in the Telegraph erations of the SOO Green Facilities. Herald at least seven (7) days and not more 3.3 Payments to City. All invoice pay - than twenty (20) days prior to the date of ments required by this Ordinance shall be the meeting. A reasonable effort was made made payable to "The City of Dubuque, to notify by mail those property owners Iowa" and delivered to the City of Dubuque whose property is within two hundred ft. Finance Department, City Hall. Any pay- (200') of the proposed Route, prior to the ments due not paid in full by the due date Page 1265 of 2498 Book 153 Regular Session, November 20, 2023 450 shall be subject to the lesser of the maxi- filed by any person claiming by, through or mum interest provided by law or 1 % per under the Company and against all costs, month. expenses, losses, and liabilities (including Section 4. Utilities. reasonable attorneys' fees) incurred by the 4.1 Water Utilities. Prior to the com- City in connection with any such lien or en- mencement of any construction, the Com- cumbrance or any action or proceeding pany shall work with the City Engineer and brought thereon. For avoidance of doubt re - the Water Department to maintain ade- garding the scope of this indemnification, quate separation from existing facilities to the Company shall not be responsible for avoid interference and to minimize the risk any costs and damage to the City caused of relocation of the Facilities. The Company solely by the City's negligence or willful will seek to maintain a vertical depth of not misconduct. less than six (6) ft. separation and a hori- 5.2 The Company shall maintain com- zontal separation of not less than ten (10) mercial general liability insurance cover- ft. from any City water main. These dis- age, or its equivalent, upon commence- tances can be reduced only if approved by ment of construction in the City and contin- the City Engineer. When crossing or run- uing throughout the term of this Franchise ning parallel to a City water main, the water as described in Exhibit D, as such schedule main shall be potholed by the Company for may reasonably be amended from time to field verification before installation of the time by the City, provided however that any Company conduit. Areas of concern in- new requirements will not exceed the re- clude but are not limited to those shown on quirements imposed on any other utility op - Exhibit C. erating within the City, are commercially 4.2 Other Utilities. Prior to the com- available, and reasonably obtainable. The mencement of any construction, the Com- Company's failure to meet the insurance re- pany shall coordinate on all construction of quirements shall not relieve the Company the Facilities to the satisfaction of the City of its responsibilities under this Franchise. Engineer to minimize the impact on all Upon proof of financial responsibility to the other public and City utilities. reasonable satisfaction of the City, the 4.3 Damage to City Utilities. The Com- Company may be allowed to self -insure the pany shall reimburse the City for all costs coverages required. The Company shall and damage to City utilities caused by SOO provide the City with certificates of insur- Green's construction, reconstruction, relo- ance or letter of self-insurance, subject to cation, repair, replacement, operation, or the approval of the City in its sole discre- maintenance of the Facilities promptly upon tion, upon request. receipt of a statement of such costs and 5.3 The requirements of indemnification damages from the City. The Company shall shall not be a waiver of any right that the not be responsible for any costs and dam- City would have to assert defenses on its age to the City caused by the City's negli- own behalf under state or federal law. The gence or willful misconduct. Company's indemnification obligations un- Section 5. Indemnification. der this Franchise shall survive the expira- 5.1 The Company shall indemnify, de- tion, cancellation, or termination of this fend and hold City, its officers and employ- Franchise in accordance with applicable ees, harmless from and against any and all statutes of limitation in force within the state claims, demands, losses, damages, cost of Iowa. and expenses (including, but not limited to, Section 6. Relocation. court costs, fines, penalties and reasonable 6.1 The Company shall, at its cost and attorneys' fees, but excluding consequen- expense, locate and relocate its Facilities tial or indirect damages), judgments, liabili- in, on, over or under any public street or al - ties and causes of action of any nature ley or other public place in the City in such whatsoever resulting from or relating to its a manner as the City may at any time rea- negligent acts or omissions in the use or oc- sonably require for the purposes of facilitat- cupancy of the streets, avenues, alleys and ing the construction, reconstruction, public places in the City, a material breach maintenance or repair of the street or alley of this Franchise, or arising in any manner or any public improvement of, or public im- out of the negligent acts or omissions of its provement, in or about any such street or agents, employees, or contractors in con- alley or reasonably promoting the efficient nection with same, or with respect to the vi- operation of any such improvement ("City olation of any laws, including without limita- Project"). The Company shall not be re- tion, any environmental laws. The Com- quired to relocate, at its cost and expense, pany shall indemnify and defend the City Company facilities in the public right-of-way for, from and against any and all mechan- that have been relocated at company ex- ics' liens and other liens and encumbrances pense at the direction of the City in the Page 1266 of 2498 Book 153 ular Session, November 20, 2023 451 previous three (3) years. precondition to relocating the Facilities. If 6.2 The City and the Company desire to such pre -payment is made, the Company minimize, to the fullest extent possible, the will not be required to deactivate and relo- risk that any of the Facilities would require cate existing Facilities. The Company will relocation for the purposes of a future City not be required to deactivate and relocate Project. The City has reviewed Exhibit A existing Facilities until the relocated Facili- and used its best available information to ties are operational. identify any areas where a City Project may 6.4 The City shall give the Company occur during the term of this Franchise and reasonable advance written notice to va- could potentially result in a Facilities reloca- cate a public right-of-way. Vacating a public tion. The City and the Company will work right-of-way shall not deprive the Company together to revise the location of the Facili- of its right to operate and maintain existing ties prior to construction to reduce the risk Facilities within the vacated right-of-way of any conflict. For future City Projects, the and the City shall grant the Company a util- following will apply: ity easement in the vacated public right -of - a. In developing a City Project, the City way until the City orders or requests the shall consider reasonable alterna- Company to relocate its Facilities. If such tives so as not arbitrarily to cause relocation is for the primary benefit of a the Company unreasonable addi- commercial or private project, or as the re- tional expense. sult of the initial request of a commercial or b. If there is a potential conflict between private developer or other non-public entity a City Project and the Facilities, the section 6.3 of this Franchise shall control. If City and the Company will work to- the relocation is for a City Project, Section gether to identify alternatives that 6.2 shall control. This paragraph shall not would avoid relocation of Facilities. apply to the realignment, reconstruction, or When such alternative is available, vacation of streets or alleys in a designated SOO Green will have the option to urban renewal area; provided, however, the pay the incremental cost, if any, as- City shall identify, reserve and make avail- sociated with the alternative to able alternate locations for facilities to avoid relocation and the City will im- serve the designated urban renewal area plement that alternative if SOO consistent with the technical needs of the Green so elects. Company and consistent with Section 6.2. c. If a relocation of Facilities cannot be Section 7. System Plans And Maps. avoided, the City will provide a rea- 7.1 The Company shall apply to the City sonable alternative location for the Engineering Department for a permit for Company's facilities within City work performed in the City's right-of-way in right-of-way. The Company shall be accordance with the City's regulations. solely responsible for any additional Mapping information will be used solely and cost to the City as determined by the exclusively by the City in administering the City Engineer in the City Engineer's use and occupancy of the public right -of - sole discretion for providing such al- way within the City and shall not be pro- ternative location. If the alternative vided to or relied on by any person for any location the City can provide within other purpose. At the request of the City, the City right-of-way is not accepta- mapping information will be reviewed with ble to the Company, the Company the City staff. The City recognizes that is granted the power of eminent do- Company claims the information may con - main to acquire the land rights nec- stitute a trade secret or is otherwise pro- essary to relocate the Facilities to a tected from public disclosure by State or suitable location. The Company will Federal law on other grounds and agrees not be required to deactivate and re- to protect the information to the extent al- locate existing Facilities until the re- lowed by State or Federal law. Further - located Facilities are operational. more, the City agrees that no documents, 6.3 If the City orders or requests the maps or information provided to the City by Company to relocate its Facilities for the the Company shall be made available to primary benefit of a commercial or private the public or other entities if the Company project, or as the result of the initial request certifies that such documents or infor- of a commercial or private developer or mation are exempt from disclosure under other non-public entity, the City shall re- the provisions of the Freedom of Infor- quire advance payment to the Company for mation Act, the Federal Energy Regulatory all construction and transactions costs and Commission Critical Energy Infrastructure the provision of an alternative location for requirements pursuant to 18 C.F.R. § the Facilities of such relocation from such 388.112 and § 388.113, or chapter 22 of the developer or other non-public entity as a Code of Iowa, as such statutes and Page 1267 of 2498 Book 153 ular Session, November 20, 2023 452 regulations may be amended from time to time. In the event any action at law, in eq- uity or administrative is brought against the City regarding disclosure of any document which the Company has designated as a trade secret or as otherwise protected from disclosure the City shall promptly notify the Company. The Company shall at the City's option assume the defense of said action or agree to reimburse the City any and all costs, including attorney fees and penal- ties, to the extent allowed by law which may result from any said action. Prior to any ex- cavating in the rights -of -way, both parties shall follow the procedures set forth in Iowa Code Chapter 480 or an entity with a similar function utilized by both the City and the Company, currently the Iowa One Call Sys- tem. 7.2 For emergencies, the Company may proceed with the work without first ap- plying for a permit, provided, however, that the Company shall apply for and obtain a permit as soon as practicable after com- mencing such work. 7.3 The Company shall replace the sur- face, restoring the condition as existed prior to the company's excavation, but shall not be required to improve or modify the public right-of-way unless said improvement is necessary to meet a SUDAS (Statewide Urban Design and Specifications) stand- ard, a requirement of the Americans With Disabilities Act, or any other standard man- dated by State or Federal law, provided however, if any improvement is requested or required for aesthetic, cosmetic or simi- lar purposes not mandated by State or Fed- eral law the City shall reimburse the com- pany the incremental cost of such improve- ments. The company shall complete all re- pairs in a timely and prompt manner. Com- pany agrees any replacement of road sur- face shall conform to current City ordi- nances regarding its depth and composi- tion. Section 8. Annual Planning Meeting. The Company operations staff will, at the request of the City, attend an annual meeting with the City Engineering Department and other interested city personnel to discuss utility reliability stand- ards, including comparisons to regional and national reliability statistics, annual and long- term construction coordination planning for the Company and City and other related items. This will not replace any periodic meetings needed on specific projects and issues. The City also holds monthly utility coordination meetings. The City shall timely provide the Company with minutes of the monthly meeting and the Company will timely review and notify the City of any potential conflicts a proposed project may have on the Facilities. Notwithstanding the foregoing, the City Engi- neer may require a Company representative to attend any monthly meeting where the subject of the meeting may include a proposed project which may significantly affect the Facilities. SOO Green will notify the City of its point of contact for monthly meeting minutes and the annual planning meeting at least 30 days prior to commercial operation date. Section 9. Reliability. The Company will maintain compliance with applicable National Electric Safety Code, Iowa Utilities Board reg- ulatory standards and North American Electric Reliability Corporation standards. Section 10. Non -Exclusivity. The franchise granted by this Ordinance shall not be exclu- sive. The City shall not, however, grant a sub- sequent franchise that would impair, obstruct, or diminish the franchise rights of the Company under this Ordinance. Section 11. Emergency Training, Participa- tion And Communication. The Company will maintain a twenty-four (24) hour contact with City of Dubuque Police Dispatch or other emer- gency management contact for emergency communications. The Company shall provide training on safety matters related to the Facili- ties upon the request of the Fire Chief. Section 12. Corporate Philanthropy. On an annual basis, the Company will provide notice to the City Manager of whether the Company has any grants or other corporate giving oppor- tunities for which the City of Dubuque or busi- nesses located in may be eligible. Section 13. Publication Expenses. The ex- pense of the publication of this Ordinance shall be paid by the Company. Section 14. Repeal Of Conflicting Ordi- nances. All ordinances, or parts of ordinances, insofar as they are in direct conflict herewith, are hereby repealed. Section 15. Compliance With City Ordi- nances. The Company shall, to the extent not inconsistent with the terms of this Franchise, at all times during the term of this Franchise ordi- nance conform with, submit to, and carry out the provisions of any and all valid ordinances existing or as hereafter lawfully enacted relat- ing the City's exercise of its police powers. Section 16. Dispute Resolution. The City and the Company agree to attempt to resolve any dispute or disagreement which is not a ma- terial breach arising under or in connection with this Ordnance in good faith through discussion between their authorized representatives. If they are unable to resolve any such dispute within thirty (30) calendar days from the date on which either the City or the Company deliv- ers to the other written notice of such dispute, then senior management designees for the City and the Company shall discuss the matter in an attempt to resolve the dispute or disa- greement. In the event the senior management Page 1268 of 2498 Book 153 Regular Session, November 20, 2023 453 designees are unable to resolve any such dis- pute within thirty (30) calendar days, the City and Company agree to try in good faith to settle the dispute by mediation prior to, and as a pre- condition to, commencing any litigation. The City and Company will bear their own attor- neys' fees, expert witnesses' fees, costs, and expenses in the mediation. The mediation shall be in Dubuque unless another location is mu- tually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. Section 17. Material Breach. Either the City or the Company may terminate this Franchise if the other party shall be materially in breach of its provisions. Upon the occurrence of a ma- terial breach, the nonbreaching party shall pro- vide the breaching party with notification by certified mail specifying the alleged breach. The breaching party shall have sixty (60) days to cure the breach, unless it notifies the non - breaching party, and the parties agree upon a longer period for cure. If the breach is not cured within the cure period, the nonbreaching party may terminate this Franchise. A party shall not be considered to be in breach of this Franchise if it has operated in compliance with state or federal law. A party shall not be considered to have breached this Franchise if the alleged breach is the result of the actions of a third party or the other party. Section 18. Closing. This Franchise ordi- nance sets forth and constitutes the entire agreement between the Company and the City of Dubuque with respect to the rights contained herein, and may not be superseded, modified, or otherwise amended without the approval and acceptance of the Company. Section 19. Severability. If any of the provi- sions of this Franchise are for any reason de- clared to be illegal or void, the lawful provisions of this Franchise, which are severable from said unlawful provisions, shall be and remain in full force and effect, the same as if the Fran- chise contained no illegal or void provisions. Section 20. Effective and Binding. This Or- dinance and the rights and privileges herein granted shall become effective and binding upon its approval, passage in accordance with Iowa law, the written acceptance by the Com- pany, publication, and notice by the Company as provided below. The City shall provide the Company with an original signed and sealed copy of this Ordinance within ten (10) days of its final passage. The Company shall, within sixty (60) days after the City Council approval of this Ordinance, file in the office of the clerk of the city, its acceptance in writing of all the terms and provisions of this Ordinance. Follow- ing City Council approval and Company ac- ceptance, this Ordinance shall be published in accordance with the Code of Iowa. The Effective Date of this Ordinance shall be the earlier of (a) the date the Company provides written notice to the City Manager that any mo- bilization, staging, or construction of the Facili- ties will commence within the City limits or (b) December 31, 2026. Section 21. Vegetation Management. The City agrees not to plant any trees directly above the Facilities. The Company is author- ized and empowered to prune or remove at Company expense, any tree extending into any street, avenue, right-of-way, alley, public place, or public ground that the company determines, in its sole discretion, that will interfere with the construction or safe operation of the Facilities. For every tree that SOO Green removes that is more than 6 inches in diameter, the Company shall pay the City upon invoice the sum of three hundred fifty dollars ($350.00) per tree, which amount shall be adjusted annually commenc- ing on the first anniversary of the adoption of this Franchise, and each anniversary thereafter by the change in percentage in the United States Bureau of Labor Statistics Consumer Price Index ("CPI") as of the applicable anni- versary of this Franchise compared to the CPI as of the same date of the previous year. The Company shall have no other liability to the City. The "CPI Adjustment" shall be a fraction expressed as a decimal, the numerator of which shall be the Current CPI minus the Prior CPI and the denominator of which is the Prior CPI, or 3% whichever amount is less. The "Current CPI" is the latest CPI published prior to the anniversary date of the Effective Date. The "Prior CPI" is the CPI published in the im- mediately preceding calendar year for the same month as the Current CPI. The term "CPI" shall mean the "Consumer Price Index for All Urban Consumers (CPI-U)" published by the Bureau of Labor Statistics of the U.S. De- partment of Labor, All Items (1982-84=100), U.S. City Average, or any successor index thereto, appropriately adjusted. If the CPI ceases to be published and there is no succes- sor thereto, such other government or nonpar- tisan index or computation shall be used which would obtain a substantially similar result as if the CPI had not been discontinued. Section 22. Public Places: "Public places" means any property owned by the City. Section 23. No Other License Required: Dubuque City Code § 11-6 is inapplicable to the Company and the Facilities as proposed. Section 24. Assignment: No sale, assign- ment or lease of this Franchise shall be effec- tive until it is approved by the city council and after the Company has filed in the office of the city clerk written notice of the proposed sale, transfer, disposition or assignment, such notice to clearly summarize the proposed procedure and the terms and conditions thereof. Such ap- proval by the city council shall not be Page 1269 of 2498 Book 153 Regular Session, November 20, 2023 454 unreasonably withheld. The proposed vendor, assignee or lessee shall similarly file an instru- ment, duly executed, reciting such proposal, accepting the terms of this Franchise and agreeing to perform all the conditions thereof. This provision shall not apply, however, to col- lateral assignments in connection with a project financing of the project. Section 25. Notices: Any written notice re- quired by this Franchise shall be sent by first class mail to the persons and addresses below. For SOO Green /s/Raj Rajan, Vice President -- Project Devel- opment SOO Green HVDC Link ProjectCo, LLC 1600 Utica Ave S, gth Floor St. Louis Park, Minnesota 55416 For the City of Dubuque City Manager; City Hall; 50 West 13th Street; Dubuque, Iowa 52001 with copy to: City Attorney; City Hall; 50 West 13th Street; Dubuque, Iowa 52001 Section 26. Renewal: The City and the Company will meet at least 12 months prior to the expiration of this Franchise to discuss re- newal of the Franchise. Passed and approved this 20th day of No- vember 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk PUBLIC INPUT Jamie Carr, 945 Clarke Dr., spoke in oppo- sition to Action Item No. 4, expressing con- cerns including lack of public oversight on the vendor who would operate the automated speed enforcement software, lack of crash data from the speed study, and citations being issued to the title holder of the vehicle rather than the driver during an alleged speeding inci- dent. Daniel Simon, 3519 Eclipse Circle, pro- vided written input via the GoToMeeting chat in opposition to Action Item No. 4, expressing concerns including security breaches to the au- tomated speed enforcement software, nega- tive visitor perceptions, and lack of resident in- put on the decision to implement automated speed enforcement. ACTION ITEMS 1. 3000 Jackson H & W Building Update: Motion by Sprank to receive and file the docu- ments. Seconded by Jones. Housing and Com- munity Development Director Alexis Steger provided an update and responded to ques- tions from the City Council regarding concerns for area homeowners and the potential reme- dies to reopen the street. City Manager Van Milligen and City Attorney Brumwell stated that the city would explore all efforts for the current H & W Building owner to complete the neces- sary structural work, and that the city would have the right to perform the work and assess it to the owner if necessary. City Council Mem- bers expressed their frustration with the build- ing owner's delays in completing the structural work and how the street closures are nega- tively impacting area businesses. Mayor Cavanagh requested an additional update at the December 4th City Council meeting. Motion carried 7-0. 2. Purchase of Property at 2820 Brunswick: Motion by Sprank to receive and file the docu- ments and adopt Resolution No. 391-23 Ap- proving the acquisition of real estate owned by the Esther J. Thome Estate at 2820 Brunswick Street in the City of Dubuque. Seconded by Wethal. Responding to questions from the City Council, Housing and Community Develop- ment Director Alexis Steger stated that city staff are seeking a partner to work on turning the property and associated lots into affordable housing units. Motion carried 7-0. RESOLUTION NO. 391-23 APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY THE ESTHER J. THOME ESTATE AT 2820 BRUNSWICK STREET IN THE CITY OF DUBUQUE Whereas, the City of Dubuque intends to acquire certain real estate for the purpose of rehabbing, developing, and reselling the prop- erty to income qualified households; and Whereas, a purchase agreement has been finalized with the owner of the property sched- uled for acquisition; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1: That the City of Dubuque hereby approves the acquisition of the following legally described properties, Lots 49, 50, 51 and 52 in Belmont addi- tion and Lots 64, 65, 66 and the Nor- therly Half of Lot 63 in Belmont Addition a subdivision in the City and County of Dubuque, State of Iowa at the cost of Three Hundred Thirty -Nine Thousand Nine Hundred Dollars ($339,900). Section 2: That the City of Dubuque ap- proves the acquisition of 2820 Brunswick owned by the estate of Esther J. Thome at the cost of Three Hundred Thirty -Nine Thousand Nine Hundred ($339,900). Section 3: That the City of Dubuque be and is hereby authorized to accept a Warranty Deed from the owner, conveying the owner's interest to the City of Dubuque, Iowa for the herein described real estate. Section 4. That the City Clerk be and is hereby authorized and directed to cause said Page 1270 of 2498 Book 153 Regular Session, November 20, 2023 455 Warranty Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 5. That the City Clerk be and is hereby directed to forward a copy of this Reso- lution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved, and adopted this 20th day of November 2023. Brad Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 3. Tax Increment Ordinance for the Emri Urban Renewal District: Motion by Roussell to receive and file the documents and that the re- quirement that a proposed ordinance be con- sidered and voted on for passage at two Coun- cil meetings prior to the meeting at which it is to be passed be suspended. Seconded by Far- ber. Responding to a question from the City Council, Economic Development Director Jill Connors stated that the resolution that City Council adopted during Public Hearing No. 4 created the Emri Urban Renewal area. The City Council must then adopt an ordinance to create the tax increment financing (TIF) district to allow for the collection of property tax incre- ment on all properties within the district. Motion carried 7-0. Motion by Roussell for final consideration and passage of Ordinance No. 51-23 Providing that general property taxes levied and collected each year on all property located within the Emri Economic Development District of the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies ad- vanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with the Emri Economic Develop- ment District Redevelopment Project. Se- conded by Farber. Motion carried 7-0. ORDINANCE NO. 51-23 PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE EMRI ECONOMIC DEVELOP- MENT DISTRICT OF THE CITY OF DUBU- QUE, COUNTY OF DUBUQUE, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF DUBUQUE, COUNTY OF DUBUQUE, DUBUQUE COM- MUNITY SCHOOL DISTRICT, AND OTHER TAXING DISTRICTS, BE PAID TO A SPE- CIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES AD- VANCED TO AND INDEBTEDNESS, IN- CLUDING BONDS ISSUED OR TO BE IS- SUED, INCURRED BY SAID CITY IN CONNECTION WITH THE EMRI ECONOMIC DEVELOPMENT DISTRICT REDEVELOP- MENT PROJECT Whereas, the City Council of the City of Dubuque, Iowa, after public notice and hearing as prescribed by law and pursuant to Resolu- tion No. 387-23 adopted on November 20, 2023, adopted an Urban Renewal Plan for an urban renewal area known as the Emri Eco- nomic Development District (the "Project Area"), which Project Area includes the lots and parcels described in said Urban Renewal Plan; and Whereas, expenditures and indebtedness are anticipated to be incurred in the future to finance urban renewal project activities carried out in furtherance of the foregoing Urban Re- newal Plan; and Whereas, the City Council desires to pro- vide for the division of revenue from taxation in the Project Area in accordance with the provi- sions of Section 403.19 of the Code of Iowa, as amended; and Whereas, the following enactment is nec- essary to accomplish the objectives described in the premises. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Section 1: For purposes of this Ordinance, the following terms shall have the following meanings: (a) Project Area shall mean that portion of the City of Dubuque, Iowa described in the Urban Renewal Plan for the Emri Eco- nomic Development District approved by Resolution No. 387-23 on November 20, 2023, which Project Area includes the lots and parcels located within the area now le- gally described as follows: Lot 2 of Pizza Ranch Place, and all that part of the Right of Way of Radford Road adjacent to said Lot 2 All in the City of Dubuque, Iowa. Section 2: The taxes levied on the taxable property in the Project Area, legally described in Section 1 hereof, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School Dis- trict, and all other taxing districts from and after the effective date of this Ordinance shall be di- vided as hereinafter in this Ordinance provided. Section 3: That portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts taxing property in the Project Area upon the total sum of the assessed value of the taxable property in the Project Area, as shown on the assessment roll as of January 1 of the calendar year preceding the first calendar year in which the City of Dubuque certifies to the County Auditor the amount of loans, advances, indebtedness, or bonds payable from the Page 1271 of 2498 Book 153 Regular Session, November 20, 2023 456 division of property tax revenue described herein, shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for said taxing district into which all other property taxes are paid. The taxes so determined shall be referred herein as the "base period taxes" for such Project Area. Section 4: That portion of the taxes each year in excess of the base period taxes for the Project Area, determined as provided in Sec- tion 3 of this Ordinance, shall be allocated to and when collected be paid into a special tax increment fund hereby established by the City of Dubuque to pay the principal of and interest on loans, monies advanced to, or indebted- ness, whether funded, refunded, assumed or otherwise, including bonds issued under au- thority of Section 403.9 or Section 403.12 of the Code of Iowa, incurred by the City of Dubu- que, Iowa to finance or refinance, in whole or in part, urban renewal projects undertaken within the Project Area pursuant to the Urban Renewal Plan, except that taxes for the regular and voter -approved physical plant and equip- ment levy of a school district imposed pursuant to Section 298.2 and taxes for the instructional support program of a school district imposed pursuant to Section 257.19, but only to the ex- tent authorized in Section 403.19(2), and taxes for the payment of bonds and interest of each taxing district and any other tax levy exceptions under Section 403.19 shall be collected against all taxable property within the Project Area without any limitation as hereinabove provided. Section 5: Unless or until the total assessed valuation of the taxable property in the Project Area exceeds the total assessed value of the taxable property in said area as shown by the assessment roll referred to in Section 3 of this Ordinance, all of the taxes levied and collected upon the taxable property in the Project Area shall be paid into the funds for the respective taxing districts as taxes by or for the taxing dis- tricts in the same manner as all other property taxes. Section 6: At such time as the loans, mon- ies advanced, bonds and interest thereon and indebtedness of the City of Dubuque referred to in Section 4 hereof have been paid, all mon- ies thereafter received from taxes upon the tax- able property in the Project Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other prop- erty. Section 7. All ordinances or parts of ordi- nances in conflict with the provisions of this Or- dinance are hereby repealed. The provisions of this Ordinance are intended and shall be con- strued so as to fully implement the provisions of Section 403.19 of the Code of Iowa, as amended, with respect to the division of taxes from property within the Project Area as de- scribed above. In the event that any provision of this Ordinance shall be determined to be contrary to law, it shall not affect other provi- sions or application of this Ordinance which shall at all times be construed to fully invoke the provisions of Section 403.19 of the Code of Iowa with reference to the Project Area and the territory contained therein. Section 8: This Ordinance shall be in effect after its final passage, approval and publication as provided by law. Passed and approved this 201h day of No- vember 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Automated Speed Enforcement: Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Sprank. Police Chief Jeremy Jensen and Traf- fic Engineer Justine Hull made a presentation. Responding to questions from the City Council, Chief Jensen stated that the trucking industry logs their trucks' speeds and that the Iowa De- partment of Transportation (IDOT) acknowl- edges that crash data is challenging to ana- lyze. City Attorney Brumwell confirmed that the proposed ordinance does not include language on vehicle rentals. City Engineer Gus Psihoyos stated that city staff review specific areas to de- termine speed limits, with residential streets automatically classified at 25 miles per hour and arterial speed limits determined by the 8511 percentile of speeds. City Council Members discussed at length their perceptions of the or- dinance, with many City Council Members in- terpreting the ordinance's intent as addressing safety concerns and emphasizing that they do not perceive the ordinance as a revenue gen- erator. City Council Members also thanked res- idents for their input. Motion carried 6-1 with Resnick voting nay. Motion by Jones for final consideration and passage of Ordinance No. 52-23 Amending Ti- tle 9 Motor Vehicles and Traffic, Chapter 7 Op- eration, Division 5 Speed Restrictions by en- acting a new Section 9-7-321.286 Automated Speed Enforcement regarding automated speed enforcement and the process for chal- lenging an automated speed citation. Se- conded by Sprank. Motion carried 6-1 with Resnick voting nay. ORDINANCE NO. 52 - 23 AMENDING TITLE 9 MOTOR VEHICLES AND TRAFFIC, CHAPTER 7 OPERATION, DIVISION 5 SPEED RESTRICTIONS BY EN- ACTING A NEW SECTION 9-7-321.286 AU- TOMATED SPEED ENFORCEMENT RE- GARDING AUTOMATED SPEED ENFORCE- MENT AND THE PROCESS FOR Page 1272 of 2498 Book 153 Regular Session, November 20, 2023 457 CHALLENGING AN AUTOMATED SPEED CITATION Whereas, the City Council has been pre- sented with information and opinions concern- ing Automated Speed Enforcement; and Whereas, the Dubuque City Council finds the use of Automated Speed Enforcement ad- vances a multitude of public interests including but not limited to traffic safety, safety of emer- gency responders, acting as a police force mul- tiplier, and as a cost-effective mechanism for the enforcement of speed laws benefiting tax- payers; and Whereas, the use of Automated Speed En- forcement devices which capture license plate image(s) strikes a desirable balance between the above -stated public interests and privacy interests of the motoring public; and Whereas, the National Law Enforcement Telecommunications System is a cost-effective means for determining ownership of vehicles detected as traveling in violation of speed laws within the City limits; and Whereas, the technology underlying Auto- mated Speed Enforcement is reliable and its accuracy is verified by a police officer. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Title 9, Chapter 7, Division 5 of the City of Dubuque Code of Ordinances is amended by adding the following section: 9-7-321.286: AUTOMATED SPEED EN- FORCEMENT: A. General: In accordance with its police powers, the City may deploy, erect, or cause to have erected an automated speed enforce- ment system for capturing images of motor ve- hicles that violate speed laws by failing to obey the posted speed regulations within the City. The system may be managed by an Automated Speed Enforcement Contractor that owns and operates the requisite equipment. The police department shall retain supervisory control over the system. The Automated Speed En- forcement Contractor shall provide photo- graphic and/or video images of any potential vi- olations to the police department to review and, in the event the police department determines a vehicle was operated in violation of the City's speed ordinances, the police department shall direct that a notice of Automated Speed Cita- tion be issued to the vehicle owner in accord- ance with this section. B. Definitions: 1. Automated Speed Citation shall mean a notice of violation generated in con- nection with the Automated Speed Enforce- ment System. 2. Automated Speed Enforcement Con- tractor shall mean the company or entity, if any, with which the City of Dubuque con- tracts to provide equipment and/or services in connection with the Automated Speed Enforcement System. 3. Automated Speed Enforcement Sys- tem shall mean an electronic system con- sisting of a photographic, video, electronic, or digital camera, a speed sensor, and a ve- hicle sensor installed to work in conjunction with an official traffic controller or police de- partment employee to automatically pro- duce photographs, video, or digital images of each vehicle violating a speed limit ordi- nance. 4. Divided Highway shall mean a road- way that is separated by a median. 5. "Low or moderate income" also re- ferred to as "LMI", means an individual earning no more than eighty percent of the higher of the median family income of the county or the statewide nonmetropolitan area as determined by the latest United States department of housing and urban development, section 8 income guidelines. 6. Undivided Highway shall mean a roadway without median separation. 7. Vehicle Owner shall mean the person or entity identified by the Iowa Department of Transportation, or identified by any other state vehicle registration office, as the reg- istered owner of a vehicle detected violat- ing a traffic ordinance by failing to obey a speed regulation within the City. Notwith- standing the foregoing, in the event the Iowa Department of Transportation or any other state vehicle registration office identi- fies a person or entity as the lessee of the vehicle, that lessee shall be the Vehicle Owner for purposes of this section. In the event a state registration office does not specify whether a person or entity listed on the registration for the vehicle is the owner or the lessee of the vehicle, any person or entity listed on that vehicle registration may be deemed the Vehicle Owner and held jointly and severally responsible for a viola- tion of this section. C. Vehicle Owner Subject to Civil Fine for Automated Speed Citations: 1. If a vehicle is detected traveling at a speed above the posted limit, the Vehicle Owner shall be subject to a civil penalty as scheduled below in subsection 9-7- 321.286(D). 2. Exemptions from this section are set forth in subsection 9-7-321.286(G) and shall not be considered violations for pur- poses of the Automated Speed Enforce- ment System. 3. In no event will an Automated Speed Citation be sent or reported to the Iowa De- partment of Transportation or similar de- partment of any other state for the purpose of being added to the Vehicle Owner's driv- ing record. Page 1273 of 2498 Book 153 Regular Session, November 20, 2023 458 D. Notice of Automated Speed Citation; Fines: 1. Upon a Dubuque Police Officer's de- termination that the Automated Speed En- forcement System has detected a violation described in subsection 9-7-321.286(C)(1), a notice of an Automated Speed Citation will be mailed to the Vehicle Owner for each such violation recorded by the Automated Speed Enforcement System. The Auto- mated Speed Enforcement Contractor shall mail the notice within thirty (30) days after receiving information about the Vehicle Owner. The notice shall include the name and address of the Vehicle Owner; the ve- hicle make, if available and readily discern- able; the vehicle registration number; the violation alleged; the time, date, and loca- tion of the alleged violation; the applicable civil penalty; information as to the manner in which the Automated Speed Citation may be challenged; and that the basis of the notice is a photographic or video record generated by an Automated Speed En- forcement System. 2. Speed Zone Under45 Miles Per Hour and Undivided Highways with Speed Zone 45 Miles Per Hour. Any violation of subsection 9-7- 321.286(C)(1) which occurs in an area: a. With a speed limit under 45 miles per hour or b. On an Undivided Highway where the speed zone is 45 miles per hour shall be subject to a civil penalty as sched- uled in the table below, and the civil penalty for any violation committed in a designated construction zone (as provided by the Code of Iowa), shall be doubled, as scheduled below, subject in any event to the statutory limit on civil penalties applicable to munici- pal infractions. <45 mph Speed Limit and Undivided Highways with 45 miles per hour Speed Limit Fourth Third Third Of fense Of _ First Sec- & Sub- fense Com- Of_ and se- Com_munity Construc- Over fense Of- quent mu- Ser- tion & Speed Civil fense Of- n mty vice School Limit Penal Civil fenses Op- Zones Civil (MPH) ties Penal- Civil v ce tions - Penalties ties Penal- LMlln- ties' bons dividu- als ONLY 1-5 N/A N/A N/A N/A N/A $0 6 — 10 N/A N/A N/A N/A N/A $100 $12�5 Com- mt Com- 1st Offense: $100 50 o niy munity $200 11 — 15 Cour- reduc- $150 Ser- Ser- 2n1 Offense: tesy Waiver tion to $62.50 vice Avail- vice Availa- $250 3rd & Subse- ble quent: $300 able $150 Com- mu- Com- 1It Offense: $125 50% nity munity $250 16 — 20 Cour- reduc- $175 Ser- Ser- 2n1 Offense: tesy Waiver tion to vice vice Availa- $300 3rd & Subse- $75 Avail- ble quent: $350 able Extra 1It Offense: Com- $300 munity 2n1 Offense: 21 — 25 $150 $175 $200 N/A Ser- $350 vice 3rd & Subse- R quent: $400 quired Extra 111 Offense: Com- $350 munity 2nd Offense: 26 — 30 $175 $200 $225 N/A Ser- $400 vice 3rd & Subse- Re- quent: $450 quired Extra 1st Offense: Com- $400 munity 2nd Offense: 31 + $200 $225 $250 N/A Ser- $450 vice 3rd & Subse- Re- quent: $500 quired *After issuance of a First and Second of- fense all Third and Subsequent Offenses shall move into the civil penalty category for Third & Subsequent Offenses. 3. Divided Highways with a Speed Limit 45 Miles Per Hour or Higher. Any violation of subsection 9-7- 321.286(C)(1) which occurs on a divided highway with a speed limit 45 miles per hour or higher shall be subject to a civil pen- alty as scheduled in the table below, and the civil penalty for any violation committed in a designated construction zone (as pro- vided by the Code of Iowa), shall be dou- bled, as scheduled below, subject in any event to the statutory limit on civil penalties applicable to municipal infractions. Page 1274 of 2498 Book 153 Regular Session, November 20, 2023 459 *After issuance of a First and Second of- fense, all subsequent offenses shall move into the civil penalty category for Third & Subse- quent Offenses. E. Challenging an Automated Speed Cita- tion: Within thirty (30) days from the date ap- pearing at the top of a notice of Automated Speed Citation sent to the Vehicle Owner, the Vehicle Owner may either pay the fee associ- ated with the citation or challenge the citation by submitting a written challenge to the citation or requesting that a municipal infraction be filed pursuant to Iowa Code §364.22. Any such writ- ten challenge or request must be on a form specified by and available from the City as in- dicated on the notice and be sent to the City according to the instructions on that form. Upon Divided Highways with a Speed Limit 45 miles per hour or Higher Fourth Third Of - Third Of _ fense First Sec- & Sub- fense Com- Over Of- and se- Com- munity Construc- Speed fense Of- quent mu Ser- Lion & Limit Civil fense Of- mty vice School (MPH) Penal- Civil Tenses Ser- Op- Zones Civil ties Pen- Civil vice tions - Penalties alties Penal- LMI In - ties* lions dividu- als ONLY 1-5 N/A N/A N/A N/A N/A $0 6 — 10 N/A N/A N/A N/A N/A $100 11 — 15 N/A N/A N/A N/A N/A $200 $150 Com 1It Offense: $125 50% mu- Com- $250 Cour- re- nity munity 2ndOffense: 16 — 20 tesy duc- $175 Ser- Service $300 Waiver tion to vice Availa- 3rd & Subse- $75 Avail- ble quent: $350 able Extra 111Offense: Com- $300 21 —25 $150 $175 $200 N/A munity 2nd Offense: Service $350 Re- 3rd & Subse- quired quent: $400 Extra 1It Offense: Com- $350 26 — 30 $175 $200 $225 N/A munity 2nd Offense: Service $400 Re- 3rd & Subse- quired quent: $450 Extra 1" Offense: Com- $400 31 + $200 $225 $250 N/A munity 2nd Offense: Service $450 Re- 3rd & Subse- quired quent: $500 receipt of a written challenge, a Dubuque Po- lice Officer shall determine whether the citation should be rescinded. Within thirty (30) days af- ter the City receives such a challenge, the City shall notify the Vehicle Owner whether the challenge to the Automated Speed Citation is successful, in which case, the citation shall be rescinded. Otherwise, the citation shall stand. Thereafter, the City may seek voluntary payment and/or file the citation as a municipal infraction against the Vehicle Owner, all as set forth in subsection (F) hereof. F. Failure to Timely Pay or Challenge Auto- mated Speed Citation: If the recipient of an Au- tomated Speed Citation does not either pay the fine by the due date stated on the original cita- tion or successfully challenge the citation as provided herein, the City may file a municipal infraction against the Vehicle Owner in accord- ance with City Code § 1-4-2 and § 364.22 of the Code of Iowa, seeking judgment for the vi- olation and the applicable civil penalty provided in subsections 9-7-321.286(C) and (D), plus state -mandated filing fees and court costs. If judgment is entered for the City in the munici- pal infraction proceeding, the City may, subject to applicable law, pursue enforcement of the judgment together with interest as permitted by law. Collection of the judgment may include re- ferral to the State of Iowa Offset Program ad- ministered by the Department of Administrative Services, State Accounting Enterprise, or any similar subsequent agency. Notwithstanding the City's right to file a municipal infraction, the City may first seek voluntary payment of the fine by sending a written request for payment to the Vehicle Owner and/or referring the mat- ter to a private service agent to conduct collec- tion in accordance with all applicable law. G. Exemptions from Section 9-7-321.386: The following shall not be considered violations of this ordinance: 1. The operator of the vehicle in ques- tion was issued a uniform traffic citation for the violation in question pursuant to City Code §9-7-321.285 or Chapter 321 of the Code of Iowa. 2. The violation occurred at any time af- ter the vehicle in question or its state regis- tration plates were reported to a law en- forcement agency as having been stolen, provided, however, the vehicle or its plates had not been recovered by the Vehicle Owner at the time of the alleged violation. 3. The vehicle in question was an au- thorized emergency vehicle. 4. The Dubuque Police Officer inspect- ing the recorded image determines that the vehicle in question was lawfully participat- ing in a funeral procession. The foregoing list of exemptions from Sec- tion 9-7-321.286 shall not be construed as limiting the defenses available to challenge an Automated Speed Citation or defend against a municipal infraction. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 20th day of November, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk Page 1275 of 2498 Book 153 Special Session, December 4, 2023 460 COUNCIL MEMBER REPORTS Council Member Farber reported on attend- ing the National League of Cities (NLC) Infor- mation Technology and Communications Committee (ITC) meeting and her recent presentation at NLC's City Summit conference on the Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Grant. Council Member Jones reported on the re- cent City and School Election and a recent leg- islative breakfast he attended on brain health. Council Member Wethal reported on at- tending a neighborhood dinner at the Dubuque Rescue Mission and a MercyOne and Veterans Affairs (VA) health clinic on caring for veterans at risk of suicide. Council Member Roussell reported on at- tending a Dubuque Audubon Society Clean Up event at the 16th St. Detention Basin, Ruby Sut- ton Day at the Multicultural Family Center (MFC) and Opening Doors' Attitude of Grati- tude event. Ms. Roussell also congratulated the Dubuque Symphony on their recent perfor- mance honoring veterans. Mayor Cavanagh also reported on attend- ing NLC's City Summit conference. Mayor Cavanagh stated that at the conference he joined Chief of Equity and Human Rights Gisella Aitken-Shadle in working toward NLC's City Inclusive Entrepreneurship Program and that he participated in a panel on revitalizing downtowns. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 10:57 p.m. to discuss Confidential Rec- ords and Purchase or Sale of Real Estate — Chapter 21.5(1)(a),Q) Code of Iowa. Seconded by Sprank. Mayor Cavanagh stated for the rec- ord that the attorney who will consult with City Council on the issues to be discussed in the closed session is City Attorney Brumwell. Mo- tion carried 7-0. The City Council reconvened in open ses- sion at 11:30 p.m. stating that staff had been given proper direction. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 11:30 p.m. /s/Adrienne N. Breitfelder, CMC City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on December 4, 2023, in the second -floor Council Chambers of the His- toric Federal Building, 350 W. 61h Street. Present: Mayor Pro Tern Wethal; Mayor Cavanagh (attended virtually); Council Mem- bers Farber, Jones, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attorney Brum- well. Mayor Pro Tern Wethal read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on the Railroad Quiet Zone Study. WORK SESSION Railroad Quiet Zone Study Project Manager Steve Sampson Brown in- troduced Project Manager Bryan Janssen and Project Engineer Jacob Sprengeler, both of An- derson -Bogert, who gave a presentation on the Railroad Quiet Zone Study progress to date and next steps. Responding to questions from the City Council, the consultants stated that railroad companies are required to maintain all the city's railroad equipment. The consultants further stated that Muscatine is an example of an Iowa city along the Mississippi river that has implemented railroad quiet zones and provided the timeframes to apply for federal funding. Mr. Brown responded to a question regarding the public input process, stating that written notice will be sent to those residing near the train tracks and that direct engagement will be im- portant to communicate necessary information. Responding to a question from the City Council regarding next steps, City Manager Van Milli- gen stated that the project has been overseen by the Dubuque Metropolitan Area Transporta- tion Study (DMATS) up until this point, there- fore DMATS representatives could share next steps. Chandra Ravada, Director of Transpor- tation, Planning, and Transit Services for the East Central Intergovernmental Association (ECIA), who oversees DMATS, stated that dis- cussions have occurred with Director of Strate- gic Partnerships Teri Goodmann and determi- nations are being made on applying for grant funding as a region. Mr. Ravada further stated that the Consolidated Rail Infrastructure and Safety Improvements (CRISI) Program grant deadline is in the spring of 2024 and that award recipients will be announced in the late fall Page 1276 of 2498 Book 153 Regular Session, December 4, 2023 461 There being no further business, Mayor Pro Tern Wethal declared the meeting adjourned at 6:26 p.m. /s/Adrienne N. Breitfelder, CIVIC 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 December 4, 2023, in the second -floor Council Chambers of the His- toric Federal Building, 350 W. 61' Street. Present: Mayor Pro Tern Wethal; Mayor Cavanagh (attended virtually); Council Mem- bers Farber, Jones, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attorney Brum- well. Mayor Pro Tern Wethal 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. Eradication of Generational Poverty Day (December 7, 2023) was accepted by Sarah Coble on behalf of the Fountain of Youth Pro- gram. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Farber. Motion carried 7-0. 1. Minutes and reports submitted: City Council Proceedings of 11/20/23; Zoning Advi- sory Commission of 11/29/23; Zoning Board of Adjustment of 11/16/23. Upon motion the doc- uments were received, filed, and approved. 2. Disposition of Claims: City Attorney ad- vised that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Mary LeGrand and David Smith for prop- erty damage; Dennis Noel for vehicle damage; Donovan Tann for property damage. Upon mo- tion the documents were received, filed, and concurred. 3. Approval of City Expenditures: Upon mo- tion the documents were received and filed, and Resolution No. 392-23 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. Page 1277 of 2498 Book 153 Regular Session, December 4, 2023 462 RESOLUTION NO. 392-23 AUTHORIZING THE CHIEF FINANCIAL OF- FICER / CITY TREASURER TO MAKE CER- TAIN 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 gen- erally accepted internal control procedures and have been determined to have been requisi- tioned for a lawful municipal purpose; and Whereas, the Chief Financial Officer -City Treasurer has provided a list of Expenditures [provided] 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 Fi- nancial Officer -City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is [provided] 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 pay- ment for goods and services provided for City purposes in response to the purchase orders and contracts issued in compliance with state and municipal code as requested by desig- nated requisitioning authorities in accordance with approved budget appropriations. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Chief Fi- nancial Officer are hereby authorized and di- rected to provide the statement of receipts and disbursements to the City Council, and to pub- lish a summary thereof. Passed, approved, and adopted this 4t" day of December, 2023. Katy A. Wethal, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 4. Fiscal Year 2025 Annual Tax Increment Financing Report: Upon motion the documents were received and filed. 5. Fiscal Year 2023 Iowa Urban Renewal Annual Report: Upon motion the documents were received and filed, and Resolution No. 393-23 Approving the Fiscal Year 2023 Urban Renewal Report for the City of Dubuque was adopted. RESOLUTION NO. 393-23 APPROVING THE FISCAL YEAR 2023 UR- BAN RENEWAL REPORT FOR THE CITY OF DUBUQUE Whereas, the Iowa Legislature approved HF 2460 in the 2012 Legislative Session, amending the current law pertaining to urban renewal districts; and Whereas, HF 2460, otherwise known as the Urban Renewal Reporting Act of 2012, aims to increase transparency in the utilization of tax increment financing; and Whereas, HF 2460 requires an annual ur- ban renewal report be approved by the majority of a local governing body that had an active ur- ban renewal plan anytime during the most re- cently ended fiscal year; and Whereas, City staff have fulfilled the re- quirements outlined in the Act through a web - based reporting tool hosted by the Iowa De- partment of Management. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Fiscal Year 2023 Urban Renewal Report for the City of Dubuque be ap- proved. Section 2. That the Chief Financial Officer of the City of Dubuque, Iowa is hereby author- ized and directed to submit the Report, with a record of this approval, to the Iowa Department of Management. Passed, approved, and adopted this 4«' day of December, 2023. Katy A. Wethal, Mayor Pro Tern Attest: Adrienne Breitfelder, City Clerk 6. Fiscal Year 2023 City Street Financing Report: Upon motion the documents were re- ceived and filed. 7. Nordstrom Inc. Property Tax Appeal Stipulation of Settlement Approval: Senior Counsel recommended approval of the Stipu- lation of Settlement for a 2023 property tax ap- peal filed by Nordstrom Inc. for their property located at Parcel No. 1029300009. Upon mo- tion the documents were received, filed, and approved. 8. Kennedy Mall, Inc. 2023 Property Tax Appeal Stipulation of Settlement - Parcel No. 1028276002: Senior Counsel transmitted no- tice of a Stipulation of Settlement for a 2023 property tax appeal filed by Kennedy Mall, INC. for their property located at Parcel No. 1028276002. Upon motion the documents were received and filed. 9. Kennedy Mall, Inc. 2023 Property Tax Appeal Stipulation of Settlement - Parcel No. 1028276901: Senior Counsel transmitted no- tice of a Stipulation of Settlement for a 2023 Page 1278 of 2498 Book 153 Regular Session, December 4, 2023 463 property tax appeal filed by Kennedy Mall, Inc. for their property located at Parcel No. 1028276901. Upon motion the documents were received and filed. 10. Abstract of Votes - 2023 General Elec- tion: City Clerk transmitted the Abstract of Votes for the November 7, 2023 General Elec- tion as certified by the County Board of Can- vassers. Upon motion the documents were re- ceived and filed. State of Iowa, Abstract of Votes, Dubuque County, Iowa We, the undersigned members of the County Board of Canvassers, hereby certify the following to be a true and correct abstract of the votes cast in this county, at the 2023 City -School Election held on Tuesday, Novem- ber 07, 2023, as shown by the tally lists re- turned from the several election precincts. City of Dubuque — City Council At -Large David Resnick - Received Five Thousand Nine Hundred and Eighty -Two (5,982) votes Kelly Lucas - Received Two Thousand One Hundred and Thirty -Six (2,136) votes Scattering - Received Thirty -Seven (37) votes Total - Eight Thousand One Hundred and Fifty - Five (8,155) votes We therefore declare: David Resnick to be duly elected for the office of City of Dubuque - City Council At -Large for the term of 4 years. IN TESTIMONY WHEREOF, we have hereunto set our hands and caused to be af- fixed the seal of this county by the Clerk of the Board of Supervisors at Dubuque, the county seat of Dubuque County, this Tuesday, No- vember 14, 2023. /s/Harley Pothoff, Chairperson of Board of Su- pervisors Chairperson /s/Ann McDonough, Member of Board of Su- pervisors /s/Wayne Kennicker, Member of Board of Su- pervisors Attest: /s/Kevin Dragotto, County Auditor and Clerk of the Board of Supervisors State of Iowa, Abstract of Votes, Dubuque County, Iowa We, the undersigned members of the County Board of Canvassers, hereby certify the following to be a true and correct abstract of the votes cast in this county, at the 2023 City -School Election held on Tuesday, Novem- ber 07, 2023, as shown by the tally lists re- turned from the several election precincts. City of Dubuque — City Council Ward 2 Laura J Roussell - Received One Thousand Eight Hundred and Four (1,804) votes Scattering - Received Thirty -Three (33) votes Total - One Thousand Eight Hundred and Thirty -Seven (1,837) votes We therefore declare: Laura J Roussell to be duly elected for the office of City of Dubuque - City Council Ward 2 for the term of 4 years. IN TESTIMONY WHEREOF, we have hereunto set our hands and caused to be af- fixed the seal of this county by the Clerk of the Board of Supervisors at Dubuque, the county seat of Dubuque County, this Tuesday, No- vember 14, 2023. /s/Harley Pothoff, Chairperson of Board of Su- pervisors Chairperson /s/Ann McDonough, Member of Board of Su- pervisors /s/Wayne Kennicker, Member of Board of Su- pervisors Attest: /s/Kevin Dragotto, County Auditor and Clerk of the Board of Supervisors State of Iowa, Abstract of Votes, Dubuque County, Iowa We, the undersigned members of the County Board of Canvassers, hereby certify the following to be a true and correct abstract of the votes cast in this county, at the 2023 City -School Election held on Tuesday, Novem- ber 07, 2023, as shown by the tally lists re- turned from the several election precincts. City of Dubuque — City Council Ward 4 Katy Ann Wethal - Received One Thousand Four Hundred and Sixty -Six (1,466) votes Scattering - Received Twenty -Five (25) votes Total - One Thousand Four Hundred and Ninety -One (1,491) votes We therefore declare: Katy Ann Wethal to be duly elected for the office of City of Dubuque - City Council Ward 4 for the term of 4 years. IN TESTIMONY WHEREOF, we have hereunto set our hands and caused to be af- fixed the seal of this county by the Clerk of the Board of Supervisors at Dubuque, the county seat of Dubuque County, this Tuesday, No- vember 14, 2023. /s/Harley Pothoff, Chairperson of Board of Su- pervisors Chairperson /s/Ann McDonough, Member of Board of Su- pervisors /s/Wayne Kennicker, Member of Board of Su- pervisors Attest: /s/Kevin Dragotto, County Auditor and Clerk of the Board of Supervisors 11. Pre -annexation Agreement — Michael Hodge & Annette Hall: Upon motion the docu- ments were received and filed, and Resolution No. 394-23 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Michael Hodge and Annette Hall was adopted. RESOLUTION NO. 394-23 APPROVING A PRE -ANNEXATION AGREE- MENT BETWEEN THE CITY OF DUBUQUE, IOWA AND MICHAEL HODGE AND AN- NETTE HALL Page 1279 of 2498 Book 153 Regular Session, December 4, 2023 464 Whereas, Michael Hodge and Annette Hall, the owner of the following described property located at 17257 Chicory Street in Dubuque County, Iowa (the Property) have submitted to the City Council of the city of Dubuque an ap- plication for voluntary annexation of the Prop- erty to the City of Dubuque: Lot 8 of Wildflower Ridge Subdivision #3 in Dubuque County, Iowa, According to the Recorded Plat Thereof, Subject to Easements And Restrictive Cove- nants of Record Whereas, Michael Hodge & Annette Hall have entered into a Pre -annexation Agreement with the City of Dubuque, a copy of which is [provided] hereto governing the future annexa- tion 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 author- izes the voluntary annexation of property in Dubuque 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 or- derly growth and development of the City of Dubuque, and will promote efficient and cost- effective extension of municipal services; and Whereas, the City Council finds that the an- nexation 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 and between Michael Hodge & Annette Hall and the City of Dubuque is hereby approved. Passed, approved, and adopted this 4th day of December 2023. Katy A. Wethal, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 12. Wilbricht Lane Detention Basin Project - CIP# 7202722: Upon motion the documents were received and filed, and Resolution No. 395-23 Accepting the Wilbricht Lane Detention Basin Project and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 395-23 ACCEPTING THE WILBRICHT LANE DE- TENTION BASIN PROJECT AND AUTHOR- IZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Wilbricht Lane Detention Basin Project (the Project) has been completed by the Con- tractor, McDermott Excavating, (Contractor) and the City Engineer has examined the work and that the Project be accepted; and Whereas, the final contract amount for the Project is $338,860.71; and Whereas, the Contractor has previously been paid $321,917.67, leaving a balance of $16,943.04; 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 DUBU- QUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Chief Financial Officer is hereby directed to pay to the Contractor the balance of the retainage of $16,943.04 as pro- vided in Iowa Chapter 573, and to pay such re- tainage only in accordance with the provisions of Iowa Code Chapter 573 or Iowa Code Chap- ter 26.13. Passed, approved, and adopted this 4th day of December, 2023. Katy A. Wethal, Mayor Pro Tern Attest: Adrienne Breitfelder, City Clerk 13. Lower Bee Branch Creek Trail Exten- sion — Dubuque Metropolitan Area Transporta- tion Study Transportation Alternatives Program Multi -Use Trail Grant Application Approval: Upon motion the documents were received and filed, and Resolution No. 396-23 Authorizing the filing of a grant application with the Dubu- que Metropolitan Area Transportation Study Transportation Alternatives Program Grant to assist with funding the Bee Branch Multi -Use Trail Extension Project was adopted. RESOLUTION NO. 396-23 AUTHORIZING THE FILING OF A GRANT APPLICATION WITH THE DUBUQUE MET- ROPOLITAN AREA TRANSPORTATION STUDY TRANSPORTATION ALTERNA- TIVES PROGRAM GRANT TO ASSIST WITH FUNDING THE BEE BRANCH MULTI -USE TRAIL EXTENSION PROJECT Whereas, the Dubuque Metropolitan Area Transportation Study (DMATS) has allocated Transportation Alternatives Program (TAP) funds to be used on trail facilities; and Whereas, the City of Dubuque is interested in connecting the Lower Bee Branch Trail with the Historic Millwork District; and Whereas, the planned 10-foot-wide multi- use trail connection will be located along the Highway 61/151 on ramp between 121h Street and 11th Street, and then adjacent to the Jule Operations and Training Center between 11th Street and 9th Street and the proposed project will also include on -street bike lanes on 111h Street and 9th Streets starting at Pine Street and going west to their intersections with Elm Street; and Page 1280 of 2498 Book 153 Regular Session, December 4, 2023 465 Whereas, the project is planned to be part of a multi -phase trail network that will extend connections to two regional trails -- Dubuque Heritage Trail and Mississippi River Trail — as well as to the citywide trail system; and Whereas, the City is seeking funding through the DMATS Transportation Alterna- tives Program Grant to assist the cost of con- structing the described multi -use trail and bike lanes. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA THAT: Section 1. The City is hereby authorized to file the grant application with the Dubuque Met- ropolitan Area Alternatives Study for the Fed- eral Fiscal Year 2024-2027 Funding Cycle Transportation Alternatives Program Grant to assist with funding the extension of the Bee Branch Multi -Use Trail between 12th Street and 9th Street and funding on -street bike lane con- nections from the 11 th Street and 9th Streets in- tersections with Pine Street heading west to their intersections with Elm Street. Passed, approved, and adopted this 4th day of December 2023. Katy A. Wethal, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 14. Resolution Approving a Second Amendment to Development Agreement by and between the City of Dubuque, Iowa and 799 Main, LLC: Upon motion the documents were received and filed, and Resolution No. 397-23 Approving a Second Amendment to Development Agreement by and between the City of Dubuque, Iowa and 799 Main, LLC (De- veloper) was adopted. RESOLUTION NO. 397-23 APPROVING A SECOND AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BE- TWEEN THE CITY OF DUBUQUE, IOWA AND 799 MAIN, LLC Whereas, the City of Dubuque, Iowa (City) and 799 Main, LLC entered into a Development Agreement, dated for reference the 17th day of July, 2023, as amended, providing for a Fa- gade Grant, Planning & Design Grant, a Finan- cial Consultant Grant, a Housing Creation Grant, and Urban Renewal Tax Increment Rev- enue Obligations; and Whereas, the City and 799 Main, LLC de- sire to further amend the Agreement; and Whereas, it is the determination of the City Council that approval of the Second Amend- ment to Development Agreement for redevel- opment of the Property by 799 Main, LLC, ac- cording to the terms and conditions set out in the Second Amendment to Development 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 Second Amendment to Development Agreement by and between the City of Dubuque, Iowa, and 799 Main, LLC, a copy of which is [provided] hereto, is hereby approved. Section 2. That the Mayor is hereby author- ized and directed to execute the Second Amendment to Development Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his sig- nature. Section 3. That the City Manager is author- ized to take such actions as are necessary to comply with the terms of the Second Amend- ment to Development Agreement as herein ap- proved. Passed, approved, and adopted this 4th day of December, 2023. Katy A. Wethal, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 15. Second Amendment to Purchase Agreement and Development Agreement be- tween the City of Dubuque, Iowa and Union at the Marina, LP: Upon motion the documents were received and filed, and Resolution No. 398-23 Approving the Second Amendment to Purchase Agreement and Development Agree- ment between the City of Dubuque, Iowa and Union at the Marina, LP was adopted. RESOLUTION NO. 398-23 APPROVING THE SECOND AMENDMENT TO PURCHASE AGREEMENT AND DEVEL- OPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND UNION AT THE MARINA, LP Whereas, a Purchase Agreement and De- velopment Agreement (hereinafter, the "Agree- ment'), dated for reference purposes the 16th day of October, 2023, was entered into by and between the City of Dubuque, Iowa, a munici- pality ("City"), acting under authorization of Iowa Code Chapter 403, as amended, and Un- ion at the Marina, LP, an Iowa limited partner- ship ("Developer") (collectively the "Parties"); and Whereas, a First Amendment to the Agree- ment was entered into by the Parties on Octo- ber 24, 2023; and Whereas, the Parties desire to further amend the Agreement as set forth in the [pro- vided] Second Amendment; and Whereas, the City Council finds that it is in the best interests of the City to approve the Second Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The Second Amendment [pro- vided] hereto is hereby approved. Page 1281 of 2498 Book 153 Regular Session, December 4, 2023 466 Section 2. The City Manager is authorized and directed to take such actions as are nec- essary to carry out the terms of the Second Amendment. Passed, approved, and adopted this 4'h day of December, 2023. Katy A. Wethal, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 16. Grass and Weed Cutting and Garbage Collection Assessments: Upon motion the doc- uments were received and filed, and Resolu- tion No. 399-23 Authorizing the city to collect delinquent grass and weed cutting and gar- bage collection charges in accordance with Ti- tle 6-4-3a and Title 6-8-2 of the Code of Ordi- nances of the City of Dubuque, Iowa was adopted. RESOLUTION NO. 399-23 AUTHORIZING THE CITY TO COLLECT DE- LINQUENT GRASS AND WEED CUTTING AND GARBAGE COLLECTION CHARGES IN ACCORDANCE WITH TITLE 6-4-3A and TITLE 6-8-2 OF THE CODE OF ORDI- NANCES OF THE CITY OF DUBUQUE, IA Whereas, residential properties in the City of Dubuque are considered substandard if any conditions exist to an extent that endanger life, limb, health, property, safety, or welfare of the public or the occupants thereof; and Whereas, whenever in the judgment of the Housing Officer, a nuisance that is "palpably and indisputably such" exists which requires immediate action to protect the public health, safety or welfare of the public, the Housing Of- ficer may order the emergency abatement of such; and Whereas, delinquent grass and weed cut- ting and garbage collection charges shall be certified by the City Clerk to the Dubuque County Treasurer for collection with, and in the same manner as general property taxes; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the persons listed on the at- tached Grass/Weed/Garbage Assessment Schedule are delinquent in the payment of grass and weed cutting and garbage collection charges: Section 2. That the City Clerk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named on the attached Grass/Weed/Garbage Assessment Schedule are delinquent in the payment of grass and weed cutting and garbage collection charges in the amount set aside of the respective names, and that said amounts shall be collected in the same manner as general property taxes against the respective parcels of property set opposite the names of the owners. Passed, approved, and adopted this 4ch day of December, 2023. Katy A. Wethal, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk Location; Owner; Parcel #; Amount; Category 440 W Locust; Lot 2 Lynn's Place; Mid -America Property Management LLC PO Box 1572 Dubuque IA 52004-1572; 1024179006; $122.68; Garbage 520 W Locust; Lot 4 Quigleys Sub of 710; Mid - America Property Management LLC PO Box 1572 Dubuque IA 52004-1572; 1024178002; $272.86; Garbage 2903 Jackson; E 85' Of Lot 346 Davis Farm Add; Brothers3 LLC 14053 Kathleen Ct Dubuque IA 52003; 1013153020; $142.68; Garbage 543 W 8th; Lot 1 of W 1/2 of Lot 11 of City Lot 688 & Pt of 654; Nottingham Properties LLC 855 S Grandview Hgts Dubuque IA 52003; 1025128002; $118.83; Garbage 1266 Jackson; S 1/2 Lot 58 & N 1'6"- N 1/2 - Lot 59 East Dubuque Add; Landlord 36 Hold- ings LLC 10620 Southern Heights Pkwy Ste 110-802 Las Vegas NV 89141; 1024435006; $165.18; Garbage 556 Clarke; Lots 1-3, 2-3 & 4 All In Buettell's Sub; Nottingham Properties LLC 2115 John F Kennedy Rd Dubuque IA 52002; 1024155052; $179.02; Garbage 1345 Glen Oak; Lot 5 Rohners Sub; Gleason, Linda L 1345 Glen Oak St Dubuque IA 52001; 1023482010; $179.02; Garbage 1497 Jackson; N 35' of N 1/5 of City Lot 494; Mid -America Property Management LLC PO Box 1572 Dubuque IA 52004-1572; 1024409006; $247.86; Garbage 1551 Bluff; E 80' Lot 6 Cooleys Sub; 1551 Bluff Realty LLC 180 E Railroad St West Haver - straw NY 10993; 1024329040; $191.52; Gar- bage 2631 University; Lot 1-7 Lenox Add; Dubuque Property Investments LLC 8505 Southern Hills Ct Dubuque IA 52003; 1027279019; $125.18; Garbage 2515 Central; Lot 3-1-16 John King's Dubuque; McDermott Enterprises LLC 333 E 10th Dubu- que IA 52001; 1013377037; $179.02; Gar- bage 2131 Jackson; N 38'6"-E 1/2-Lot 38 L H Lang - worthy's Add; Schumacher, Kayci L & Joey L PO Box 3 Farley IA 52046; 1024208018; $179.02; Garbage 2286 Central; W 1/2-S 1/2-Lot 18 & W 1/2- N 1/4-Lot 16P L H Langworthy's Add; Hanen, Shawn C & Christina M 8815 W Cavalier Dr Glendale AZ 85305; 1024130003; $235.36; Garbage 1428 Iowa; S 26.38' of SM 1/5 & N 8.2' of N 26'2" of S 1/5 City Lots 455; River Walk Prop- erties LLC PMB 311 Dubuque IA 52002; 1024407004; $560.72; Garbage Page 1282 of 2498 Book 153 Regular Session, December 4, 2023 467 460 W Locust; Lot 2-1 & 2-3 Bowens Sub; Mid - America Property Management LLC PO Box 1572 Dubuque IA 52004-1572; 1024409006; $204.02; Garbage 1349 Dell; N 20' - N 40' - Lot 808 A Mcdaniels Sub; Frank, Brian K 309 Clark PO Box 101 Scales Mound IL 61075; 1024377025; $166.52; Garbage 717 Lincoln; Lot 69 Cooks Add; Hollister, George A & Marjorie D 1916 1/2 Johnson St Dubuque IA 52001; 1013483015; $135.00; Grass/Weeds 696 University; W 18' Lot 9, & E 29' 1" of Lot 9 Kelly's Sub; Inymac LLC 1451 Rimpau Ave Ste 105 Corona CA 92879; 1025129043; $135.00; Grass/Weeds 2286 Central; W 1/2-S 1/2-Lot 18 & W 1/2- N 1/4-Lot 16P L H Langworthy's Add; Hanen, Shawn C & Christina M 8815 W Cavalier Dr Glendale AZ 85305; 1024130003; $135.00; Grass/Weeds 1266 Jackson; S 1/2 Lot 58 & N 1'6"- N 1/2 - Lot 59 East Dubuque Add; Landlord 36 Hold- ings LLC 10620 Southern Heights Pkwy Ste 110-802 Las Vegas NV 89141; 1024435006; $135.00; Grass/Weeds 425 Hill; Lot 29 Deming & Horrs Sub; Apgar, Griffith D & Kimberly S 425 Hill St Dubuque IA 52001; 1025176018; $135.00; Grass/Weeds 1360 Dell; Lot 2-810 A Mcdaniels Sub; Paul, Jacob R 1825 74th Place Kenosha WI 53143; 1024340003; $135.00; Grass/Weeds 2255 Chippewa; Lot 1 of W 150' of Lot 14 High- land Park; Freedom Properties LLC 3500 Dodge St #101 Dubuque IA 52003; 1022176025; $135.00; Grass/Weeds 2226 Rhomberg; Lot 311 Hams Add; Lott, Julie A PO Box 1314 Dubuque IA 52004-1314; 1107457010; $135.00; Grass/Weeds 321 Kaufmann; Lot 3 Weland's Sub; Valentine, Jeremy R 321 Kaufmann Ave Dubuque IA 52001; 1024127037; $135.00; Grass/Weeds 1906 Ellis; N 1/2 of Lot 44 Coxs Add; Jasro LLC 1560 Langenbery Ave Iowa City IA 52240; 1024180012; $135.00; Grass/Weeds 95 N Booth; Lot 2-N Pt of 2-3 Min Lot 158; Marik, Dayton 95 N Booth St Dubuque IA 52001; 1026287024; $135.00; Grass/Weeds 1205 Cerro; Lot 11 & W 5' of Lot 12 BIk 9 Mar- ycrest Sub; Reid, Shelby Anne 1205 Cerro Dr Dubuque IA 52001; 1014352025; $190.00; Grass/Weeds 2095 University; W 2'-1 Sub 13 Mineral Lot 172 Lot 2-13 Min Lot 172 & Lot 2 Mabels Sub; Culbertson, Dorothy A 757 Caledonia PI Apt #1 Dubuque IA 52001; 1026132001; $135.00; Grass/Weeds 1385 Kaufmann; Lot 2 Wiegand's Sub; Ties, Jacob W & Tomkins, Mallory M 1385 Kauf- mann Ave Dubuque IA 52001; 1014357007; $135.00; Grass/Weeds 1213 Rhomberg; SW 1/2 of Lot 11 Jungk's Dubuque; MLR Dubuque LLC 221 Birch St Denver CO 80207; 1118310018; $135.00; Grass/Weeds 2240 Hoyt; Lot 1-3 Pfohl's Sub; Schulte, Timo- thy E 2240 Hoyt St Dubuque IA 52001; 1023327001; $135.00; Grass/Weeds 1504 Iowa; S 20'-S 47'-W 1/2-S 1/5 of City Lot 454; Eichstadt, Alexander Lee & Andress 1 Worley PI Asheville NC 28806; 1024403007; $135.00; Grass/Weeds 1225 N Booth; Lot 2-1 Trenks Booth St PI; Fries, Thomas A 1225 N Booth St Dubuque IA 52001; 1023483017; $135.00; Grass/Weeds 2286 Central; W 1 /2-S 1/2-Lot 18 & W 1/2- N 1/4-Lot 16P L H Langworthy's Add; Hanen, Shawn C & Christina M 8815 W Cavalier Dr Glendale AZ 85305; 1024130003; $135.00; Grass/Weeds 2196 White; Faha Place & W 1/2-Lot 35 & N 1/2-W 1/2-Lot 36 L H Langworthy's Add; Leo Dubuque LLC 1500 1st Ave NE Cedar Rapids IA 52402; 1024208001; $135.00; Grass/Weeds 696 University; W 18' Lot 9, & E 29' 1" of Lot 9 Kelly's Sub; Inymac LLC 1451 Rimpau Ave Ste 105 Corona CA 92879; 1025129043; $135.00; Grass/Weeds 1540 Brian; Lot 2-14 Jaeger Hgts; Kiser, Alan T 1540 Brian Dr Dubuque IA 52003; 1501177002; $190.00; Grass/Weeds 2226 Rhomberg; Lot 311 Hams Add; Lott, Julie A PO Box 1314 Dubuque IA 52004-1314; 1107457010; $135.00; Grass/Weeds 2063 Morningview; Lot 19 BIk 1 Hillcrest Park; Roling, Lori 2036 Morningview Rd Dubuque IA 52001; 1118311017; $135.00; Grass/Weeds 648 S Grandview; Lot 6 & S 10' of Lot 5 Colum- bia Add; Welu, Jacob 648 S Grandview Ave Dubuque IA 52003; 1036107006; $135.00; Grass/Weeds 309 Jones; Lot 2-1 City Lot 569 & Lot 2-1 City Lot 570; Behning, Karl L 309 Jones St Dubu- que IA 52001; 1025285007; $245.00; Grass/Weeds 407 E 25th; W 74' of Lot 70 E Langworthy's Add; Hubbard, Heather M & Herring, Stacie L & Richard J 407 E 25th St Dubuque IA 52001; 1013413011; $135.00; Grass/Weeds 1266 Jackson; S 1/2 Lot 58 & N 1'6"- N 1/2 - Lot 59 East Dubuque Add; Landlord 36 Hold- ings LLC 10620 Southern Heights Pkwy Ste 110-802 Las Vegas NV 89141; 1024435006; $135.00; Grass/Weeds 985 Center; Lot 2 Newburgh's Sub; Farrey, No- lan R 985 Center Place Dubuque IA 52001; 1025102006; $135.00; Grass/Weeds 650 W 8th; Lot 28 Rogers Sub; Budde's Home Improvement Inc 7697 N Indian Rdg East Dubuque IL 61025; 1025133006; $135.00; Grass/Weeds Page 1283 of 2498 Book 153 Regular Session, December 4, 2023 468 632 W 8th; Lot 25 Rogers Sub; Budde, Lance A 7697 N Indian Rdg East Dubuque IL 61025; 1025133009; $135.00; Grass/Weeds 1875 St Joseph; Bal-E 50'-E 100'-W 250'-Lot 8 & E 50'-W 100'-E 240'-Lot 9 Sisters Add; Bis- sell, Ann E 1875 Saint Joseph St Dubuque IA 52003-7143; 1026405017; $135.00; Grass/Weeds 730 Berkley; Lot 7 BIk 2 Sunnyview Hills Sub; Twining, Robert D II 730 Berkley PI Dubuque IA 52001; 1014404021; $135.00; Grass/Weeds 1886 Hansel; Lot 8 BIk 10A Key Knolls Sub; Mollenhour, Zachary M 1886 Hansel Dr Dubuque IA 52002; 1021453002; $135.00; Grass/Weeds 717 Lincoln; Lot 69 Cooks Add; Hollister, George A & Marjorie D 1916 1/2 Johnson St Dubuque IA 52001; 1013483015; $135.00; Grass/Weeds 1360 Dell; Lot 2-810 A Mcdaniels Sub; Paul, Jacob R 1825 74th Place Kenosha Wi 53143; 1024340003; $135.00; Grass/Weeds 2660 Central; N 1/2-W 1/2-273 Davis Farm Add; Eneogwe, Stanley 300 Pembridge Ln Schaumburg IL 60193; 1013328007; $135.00; Grass/Weeds 2095 University; W 2'-1 Sub 13 Mineral Lot 172 Lot 2-13 Min Lot 172 & Lot 2 Mabels Sub; Culbertson, Dorothy A 757 Caledonia PI Apt #1 Dubuque IA 52001; 1026132001; $135.00; Grass/Weeds 1205 Cerro; Lot 11 & W 5' Of Lot 12 BIk 9 Mar- ycrest Sub; Reid, Shelby Anne 1205 Cerro Dr Dubuque IA 52001; 1014352025; $190.00; Grass/Weeds 2611 Pinard; Lot 285 Glendale Add #3; Puck- ett, Irma L 2611 Pinard St Dubuque IA 52001; 1013331008; $135.00; Grass/Weeds 7661 N Westbrook; Lot 7 Westbrook Sub No 2; James, Jody C & Andrea Jo 7661 N West- brook Dr Dubuque IA 52002; 1030151019; $135.00; Grass/Weeds 425 Hill; Lot 29 Deming & Horrs Sub; Apgar, Griffith D & Kimberly S 425 Hill St Dubuque IA 52001; 1025176018; $135.00; Grass/Weeds 2598 Elm; Lot 1-307 Glendale Add #3 & Lot 87 E Langworthy's Add; Ostert, Rebecca A 2598 Elm St Dubuque IA 52001; 1013337001; $190.00; Grass/Weeds 1505 Montrose; Lot 15 & S 1 1/2' of Lot 14 Fair- view Sub; Secure Home Offers LLC 2280 Woodworth St Dubuque IA 52001; 1024334012; $135.00; Grass/Weeds 3087 Central; Lot 17 & 18 G R Wests Dubuque; Pottebaum, Ricky L 709 Garfield Ave Dubu- que IA 52001; 1014232033; $285.36; Gar- bage 1615 Adair; Lot 39 Woodlawn Park; Bieder- mann, Maxine A 1615 Adair St Dubuque IA 52001; 1023456007; $676.08; Garbage 631 Chestnut; Lot 2 of 792 & Lot 2 of 793 A Mcdaniels Sub; BRB Properties LLC 8505 Southern Hills Ct Dubuque IA 52003; 1024378012; $285.36; Garbage 631 Chestnut; Lot 2 of 792 & Lot 2 of 793 A Mcdaniels Sub; Brb Properties LLC 8505 Southern Hills Ct Dubuque IA 52003; 1024378012; $226.36; Garbage 650 W 8th; Lot 28 Rogers Sub; Budde's Home Improvement Inc 7697 N Indian Rdg East Dubuque IL 61025; 1025133006; $208.52; Garbage 3599 Crescent Rdg; Lot 4 Vosberg's Center Grove Sub; Rettenmaier, Randi J & Janet M 3599 Crescent Ct Dubuque IA 52003; 1028453010; $257.20; Garbage 17. Fiscal Year 2023/Program Year 2022 End -of -Year Review for the Community Devel- opment Block Grant Consolidated Annual Per- formance and Evaluation Report (CAPER): Upon motion the documents were received and filed. 18. Award of CY2023 HAP Set -Aside Fund- ing from HUD: Upon motion the documents were received and filed, and Resolution No. 400-23 Authorizing the Director of Housing and Community Development to execute the ac- ceptance of the Notice of Award of the CY2023 HAP Set -Aside Funds was adopted. RESOLUTION NO. 400-23 AUTHORIZING THE DIRECTOR OF HOUS- ING AND COMMUNITY DEVELOPMENT TO EXECUTE THE ACCEPTANCE OF THE NO- TICE OF AWARD OF THE CY2023 HAP SET - ASIDE FUNDS Whereas, the U.S. Department of Housing and Urban Development has published a PIH Notice 2023-07, outlining the funding oppor- tunity for 2023 HAP Set -aside; and Whereas, the City of Dubuque submitted an application for the 2023 HAP Set -aside un- der category 2.b. Portability; and Whereas, it was determined by HUD that the City of Dubuque was eligible for such fund- ing under category: Portability; and Whereas, HUD has calculated the final award amount for the City of Dubuque in the amount of $122,748. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1: That the Director of Housing and Community Development is hereby authorized and directed to execute the Notice of Award for the HUD 2023 HAP Set -aside. Passed, approved, and adopted this 4th day of December 2023. Katy A. Wethal, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk Page 1284 of 2498 Book 153 Regular Session, December 4, 2023 469 19. January/February Issue of City News Newsletter: Upon motion the documents were received and filed. 20. 2023 Annual Legislative Dinner Meet- ing Documents: Upon motion the documents were received and filed. 21. Signed Contract(s): Tschiggfrie Exca- vating Change Order No. 2 for the Burlington Water Main Improvements project. Upon mo- tion the documents were received and filed. 22. Approval of Retail Tobacco, Alternative Nicotine, and Vapor Product Permit Applica- tions: Upon motion the documents were re- ceived and filed, and Resolution No. 401-23 Approving application for retail permit to sell Tobacco, Tobacco Products, Alternative Nico- tine Products, and Vapor Products, as required by Iowa Code §453A.47A was adopted. RESOLUTION NO. 401-23 APPROVING APPLICATIONS FOR RETAIL PERMITS TO SELL TOBACCO, TOBACCO PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS, AND VAPOR PRODUCTS, AS REQUIRED BY IOWA CODE §453A.47A Whereas, applications for retail permits to sell tobacco, tobacco products, alternative nic- otine products, vapor products, or a combina- tion of these products have been submitted and filed with the City Clerk; and Whereas, the applicants have filed the proper application and fees as required by Iowa Code §453A.47A; and Whereas, the Iowa Department of Revenue requires all applications be approved by the City Council; and Whereas, all retail permits to sell tobacco, tobacco products, alternative nicotine prod- ucts, and vapor products shall expire on June 30 of each year, as established in Iowa Code §453A.47A(7). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Clerk is hereby author- ized and directed to cause to be issued the fol- lowing named applicants and locations for re- tail permits to sell one or more of the following as specified on the retail permit applications: tobacco, tobacco products, alternative nicotine products, and vapor products. Effective from: December 10, 2023 to mid- night on June 30, 2024 Business Name, Business Address Downtown Gas and Grocery, 1401 Central Ave. Passed, approved, and adopted this 41h day of December 2023. Katy A. Wethal, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk BOARDS/COMMISSIONS Appointments were made to the following boards/commissions. 1. Cable Television Commission: One, 3- Year Term through July 1, 2026 (Vacant Term of Heidenreich). Applicant: Georgina Guerrero, 245 Princeton PI. Motion by Jones to appoint Ms. Guerrero to the three-year term through July 1, 2026. Seconded by Sprank. Motion car- ried 7-0. PUBLIC HEARINGS 1. Rezoning 110 E. 301h Street, 114 E. 301h Street, and 2987 Jackson Street: Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Sprank. Planning Services Director Wally Wer- nimont provided a staff report. City Council Members thanked the Zoning Advisory Com- mission for conducting a special meeting to ap- prove the request and expressed support for the ordinance, stating that the rezoning was necessary and appropriate for the area. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 53-23 Amending Ti- tle 16 of the City of Dubuque Code of Ordi- nances, Unified Development Code, by reclas- sifying hereinafter described property located at 110 E. 30th Street, 114 E. 30th Street, and 2987 Jackson Street from R-2A Alternate Two - Family Residential District and C-1 Neighbor- hood Commercial District to C-2 Neighborhood Shopping Center District. Seconded by Sprank. Motion carried 7-0. ORDINANCE NO. 53-23 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLAS- SIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 110 E. 30TH STREET, 114 E. 30TH STREET, AND 2987 JACKSON STREET FROM R-2A ALTER- NATE TWO-FAMILY RESIDENTIAL DIS- TRICT AND C-1 NEIGHBORHOOD COM- MERCIAL DISTRICT TO C-2 NEIGHBOR- HOOD SHOPPING CENTER DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Page 1285 of 2498 Book 153 Regular Session, December 4, 2023 470 Section 1. That Title 16 of the City of Dubu- que Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafter —described property from R-2A Al- ternate Two -Family Residential District and C- 1 Neighborhood Commercial District to C-2 Neighborhood Shopping Center District, to wit: Lot 1 of Lot 2 of the Subdivision of the East 170 ft. of Lott 337 in Davis Farm, Lot 2 of Lot 2 of the Subdivision of the East 170 ft. of Lot 337 in Davis Farm, and Lot 1 of the Subdivision of the East 170 ft. of Lot 337 in Davis Farm, and the centerline of the adjoining public right- of-way, all in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved, and adopted this 4'h day of December, 2023. Katy A. Wethal, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk PUBLIC INPUT Jordan Pape of Tucker Freight Lines, 1080 E. 12th St.; Matt Spahn of Dubuque Stamping, 32"d and Jackson St.; Joe Kirk of Prairie Farms; and Mike Igo of Klauer Manufacturing, 1185 Rosemont St., all respectively spoke regarding Action Item No. 5., expressing support for the updated ordinance and requesting to be in- volved in future discussions on traffic flows on Central Ave. and other key areas of truck travel within the city. ACTION ITEMS 1. Update: 3000 Jackson Street, H&W Building: Motion by Jones to receive and file the documents. Seconded by Resnick. Assis- tant Housing and Community Development Di- rector Michael Belmont provided an update on the recent status of the building, stating that a design of certain areas of the building to verify its stabilization is pending from McClure Engi- neering. Mr. Belmont also read an email from McClure Engineering that he received on De- cember 4'. The email summarized recent work on the building, including selective demolition to remove unstable portions of the exterior, in- stallation of temporary supports, and the vari- ous bracings being utilized as part of stabiliza- tion. Steve Emerson, owner of the building, spoke virtually about recent updates to the building stabilization and stated that April loth is the targeted deadline for work completion, as that is the deadline for the state funding he is seeking for the project. City Council Members expressed frustration on the progress of the building, stating that they receive consistent public input on the negative impacts of the street closures resulting from the stabilization efforts. Responding to a question from the City Council, Housing and Community Develop- ment Director Alexis Steger stated that the en- gineering firm's availability and capacity are factors that may delay completion of the stabi- lization. Mr. Belmont stated that the complexity, age, and size of the building leads to chal- lenges and delays in analyzing next steps. Mo- tion carried 7-0. 2. Housing Commission Research and Recommendation: Motion by Roussell to re- ceive and file the documents and that the re- quirement that a proposed ordinance be con- sidered and voted on for passage at two Coun- cil meetings prior to the meeting at which it is to be passed be suspended. Seconded by Far- ber. City Council Members acknowledged that the proposed ordinance change would require landlords who accept Housing Choice Vouch- ers (HCV) to resign from the commission to abide by US Department of Housing and Urban Development (HUD) requirements. City Coun- cil Members thanked those members for their service on the commission and stated that while the city strives to have diversity of profes- sional experience on commissions, that com- pliance with HUD requirements must occur. Motion carried 7-0. Motion by Roussell for final consideration and passage of Ordinance No. 54-23 Amend- ing City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 5 Hous- ing Agency and Community Development Commissions, Article B Housing Commission, Sections 2-5B-5 Membership and 2-5B-13 Powers. Seconded by Farber. Motion carried 7-0. ORDINANCE NO. 54 - 23 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND COM- MISSIONS, CHAPTER 5 HOUSING AGENCY AND COMMUNITY DEVELOPMENT COM- MISSIONS, ARTICLE B HOUSING COMMIS- SION, SECTIONS 2-5113-5 MEMBERSHIP AND 2-5113-13 POWERS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 2-513-5 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 2-5B-5: MEMBERSHIP: A. Number: The commission comprises ten (10) residents of the city. B. Age: Residents must be eighteen (18) years of age or older. C. Special Qualifications: Page 1286 of 2498 Book 153 Regular Session, December 4, 2023 471 1. At least three (3) members must be selected specifically on the basis of expe- rience in real estate development, bank- ing, finance, accounting, funds manage- ment, or other related areas of expertise. 2. One (1) member must be a person who is a recipient of tenant based rental assistance under section 8 of the United States Housing Act of 1937, whose name appears on a lease of section 8 property. If such member ceases to be a recipient of rental assistance under section 8, the term of such member is deemed termi- nated and a new member who meets the requirements of this subsection must be appointed for the remainder of the term. 3. The remaining members are at -large members. 4. No property owner or landlord ac- cepting Housing Choice Vouchers may serve pursuant to 24 CFR 982.161 and Section 18 of the Annual Contributions Contract. 5. Cross -Representation: a. One (1) member must be ap- pointed by the commission, with city council approval, to serve on the com- munity development advisory com- mission. b. One (1) member must be ap- pointed by the commission, with city council concurrence, to serve on the long-range planning advisory com- mission. Section 2. Section 2-513-13 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 2-513-13: POWERS: The commission has the following powers, duties, and responsibilities: A. To contribute as appropriate in the planning, coordinating, and review of hous- ing development; B. To conduct public hearings to ensure meaningful citizen input in the planning, im- plementation, and assessment of the city's housing programs; C. To provide for and encourage the participation of low- and moderate -income persons in the planning, implementation, and assessment of housing programs; D. To provide input into the community planning process and to assist in accom- plishing a coordinated and consistent hous- ing development program of the city in ac- cordance with present and future housing needs; E. To request and review ongoing sur- veys assessing housing needs and identi- fying future community housing needs, par- ticularly the needs of persons of low and moderate income; F. To support the efforts of the city council and other city commissions in the assessment of the general housing needs of the community; G. To undertake from time -to -time other specific ongoing housing planning which may be referred to it by the city council; H. To research and recommend to the city council policies and programs facilitat- ing the development of affordable housing; I. To undertake public information ef- forts to educate citizens of the availability of federal, state, and locally funded housing assistance programs; J. To assist in the preparation of the housing element of the city comprehensive plan and the annual consolidated plan; and K. Undertake such additional duties, upon the request of the City Council. Section 3. This ordinance shall take effect upon publication. Passed, approved, and adopted this 4th day of December, 2023. Katy A. Wethal, Mayor Pro Tern Attest: Adrienne Breitfelder, City Clerk 3. Childcare Business Champion Pledge: Motion by Resnick to receive and file the docu- ments and approve pledging $25,000 toward a childcare wage enhancement effort. Seconded by Sprank. City Council Members congratu- lated Dubuque Initiatives on their creativity with the pledge and emphasized that access to quality childcare and living wages for childcare workers are important community needs. Mo- tion carried 7-0. 4. Central Avenue & White Street Corridor Traffic Study: Request to Distribute RFP and Create an RFQ Review Committee - CIP 55- 24000038: Motion by Jones to receive and file the documents and approve distribute a Re- quest for Proposals (RFP) for professional con- sultant services to study the feasibility of Cen- tral Avenue and White Street from its existing one-way pair to all alternatives for these corri- dors, including a two-way conversion, from 4th Street to 22"d Street. Seconded by Sprank. City Manager Van Milligen stated his intent to invite a property owner from the impacted area, a small proprietor from the impacted area, and a trucking representative to serve on the commit- tee. City Council Members expressed support for committee representation from the business and trucking industries and commented on the potential for the area. Motion carried 7-0. 5. Central Avenue / White Street Truck Route Amend Commercial Motor Vehicles Or- dinance: Motion by Farber to receive and file the documents and table the item to December 18, 2023. Seconded by Sprank. Point of Infor- mation by Resnick on whether the justification Page 1287 of 2498 Book 153 Special Session, December 18, 2023 472 for the motion could be stated. City Attorney Brumwell stated that a brief explanation could be provided on the rationale for selecting De- cember 18th as the date for tabling the item. Mayor Pro Tern Wethal stated that additional time was needed to discuss the proposed ordi- nance amendment before a vote occurs. Mo- tion carried 6-1 with Jones voting nay. 6. Work Session Request: Officer Involved Shooting Procedures: Motion by Jones to re- ceive and file the documents and schedule the work session for February 19, 2024, at 5:30 p.m. Seconded by Roussell. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Jones reported on recent meetings of the Dubuque Metropolitan Area Solid Waste Agency Board, of which he and Council Member Resnick are board members, that have involved discussions on the planned expansion of the city's food waste collection program. Council Member Resnick reported on the recent Legislative Dinner. Council Member Sprank reported on recent events in the Central Avenue Corridor and Mill- work District. Mayor Cavanagh reported on his recent at- tendance at the United Nation's Climate Change Conference (COP28) with Sustainabil- ity Director Gina Bell. Mayor Pro Tern Wethal reported on the Dubuque Symphony's recent performance and the Grand Opera House's upcoming perfor- mances of The Nutcracker Ballet. Mayor Pro Tern Wethal also stated the importance of re- membering those who need assistance in the community during the holiday season. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 7;45 p.m. to discuss Pending Litigation and Purchase or Sale of Real Estate — Chapter 21.5(1)(c), 0) Code of Iowa. Seconded by Res- nick. Mayor Pro Tern Wethal stated for the rec- ord that the attorney who will consult with City Council on the issues to be discussed in the closed session is City Attorney Brumwell. Mo- tion carried 7-0. The City Council reconvened in open ses- sion at 9:00 p.m. stating that staff had been given proper direction. ADJOURNMENT There being no further business, Mayor Pro Tern Wethal declared the meeting adjourned at 9:00 P.M. /s/Adrienne N. Breitfelder, CMC City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on December 18, 2023, in the second -floor Council Chambers of the His- toric Federal Building, 350 W. 61h Street. Present: Mayor Cavanagh; Council Mem- bers Farber (attended virtually), Jones, Res- nick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attorney Brumwell (attended virtually at the beginning of the session; arrived in -person by 6:20 p.m.). Mayor Cavanagh read the call and stated this was a special session of the City Council called for the purpose of conducting a work session on the Waste Minimization Annual Re- port. WORK SESSION Waste Minimization Annual Report Presenta- tion Public Works Director Arielle Swift intro- duced Resource Management Supervisor Jake Jansen, who presented an annual report update on waste minimization efforts utilizing Fiscal Year 2022 as a benchmark. Responding to questions from the City Council, Mr. Jansen encouraged residents to utilize the city's RE - Think Waste DBQ web application (app) to ref- erence what items can be recycled, confirm curbside collection schedules, and schedule large item pickups. Regarding the potential ex- pansion of the food waste program, Mr. Jansen stated that barriers to participation should be reviewed and eliminated. Responding to a question regarding the methodology used for the report, Amanda Erickson, Solid Waste Planner/Coordinator with HDR, Inc., stated that the report consisted of city data and year over year data, with regional data also used for com- parisons. Ms. Erickson further stated that the city should work with the landfill to acquire data on commercial tonnage to learn more about commercial waste outputs. Regarding a poten- tial expansion of the city's offerings of recycling carts, Mr. Jansen recommended examining funding opportunities and options for various cart sizes. City Council Members referenced waste minimization grants available for organi- zations. There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:22 p.m. /s/Adrienne N. Breitfelder, CMC City Clerk Page 1288 of 2498 Book 153 Regular Session, December 18, 2023 473 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on December 18, 2023, in the second -floor Council Chambers of the His- toric Federal Building, 350 W. 6"' Street. Present: Mayor Cavanagh; Council Mem- bers Farber (attended virtually), Jones, Res- nick, 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 busi- ness that may properly come before the City Council. PLEDGE OF ALLEGIANCE PRESENTATION(S) 1. Asphalt Paving Association of Iowa Awards for City Projects: Assistant City Engi- neer Bob Schisel summarized the awards the city received at the Asphalt Paving Association of Iowa (APAI) Annual Convention. CONSENT ITEMS Council Member Farber requested Item No. 23 be held for separate discussion. Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indi- cated, except for Item No. 23. Seconded by Wethal. Motion carried 7-0. 1. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of October 24, 2023; City Council Proceedings of December 4, 2023; Community Development Advisory Commission of November 29, 2023; Zoning Advisory Commission of December 6, 2023; Proof of Publication for City Council Pro- ceedings of November 6, 2023, and November 20, 2023. Upon motion the documents were re- ceived and filed. 2. Notice of Claims and Suits: Ryan Berger for vehicle damage; Shelly Francois for vehicle damage; Elizabeth Neuhaus for property dam- age. Upon motion the documents were re- ceived, filed, and referred to the City Attorney. 3. Disposition of Claims: City Attorney ad- vising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Elizabeth Neuhaus for property damage. Upon motion the documents were received, filed, and concurred. 4. Approval of City Expenditures: Upon mo- tion the documents were received and filed, and Resolution No. 402-23 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. 402-23 AUTHORIZING THE CHIEF FINANCIAL OF- FICER / CITY TREASURER TO MAKE CER- TAIN 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 gen- erally accepted internal control procedures and have been determined to have been requisi- tioned for a lawful municipal purpose; and Whereas, the Chief Financial Officer -City Treasurer has provided a list of Expenditures [provided] 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 Fi- nancial Officer -City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is [provided] 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 pay- ment 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 ac- cordance with approved budget appropria- tions. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Chief Fi- nancial Officer are hereby authorized and di- rected to provide the statement of receipts and disbursements to the City Council, and to pub- lish a summary thereof. Page 1289 of 2498 Book 153 Regular Session, December 18, 2023 474 Passed, approved, and adopted this 18th day of December, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. 2024 Federal Legislative Priorities: Upon motion the documents were received, filed, and approved. 6. Kennedy Mall, Inc. 2023 Property Tax Appeal Stipulation of Settlement Approval - Parcel No. 1028276901: Senior Counsel rec- ommended approval of the Stipulation of Set- tlement for a 2023 property tax appeal filed by Kennedy Mall, Inc. for their property located at Parcel No. 1028276901. Upon motion the doc- uments were received, filed, and approved. 7. Kennedy Mall, Inc. 2023 Property Tax Appeal Stipulation of Settlement Approval - Parcel No. 1028276002: Senior Counsel rec- ommended approval of the Stipulation of Set- tlement for a 2023 property tax appeal filed by Kennedy Mall, Inc. for their property located at Parcel No. 1028276002. Upon motion the doc- uments were received, filed, and approved. 8. Temporary Agreement Between the City of Dubuque and ITC Midwest, LLC to Operate an Electric Transmission System in the City of Dubuque: Upon motion the documents were received and filed, and Resolution No. 403-23 Approving an agreement between the City of Dubuque and ITC Midwest, LLC to operate an electric transmission system in the City of Dubuque was adopted. RESOLUTION NO. 403-23 APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE AND ITC MID - WEST, LLC TO OPERATE AN ELECTRIC TRANSMISSION SYSTEM IN THE CITY OF DUBUQUE Whereas, the City of Dubuque, Iowa (City) and ITC Midwest, LLC (ITC Midwest) have ten- tatively entered into an Agreement for the op- eration of an electric transmission system in the City of Dubuque until such time as City and ITC Midwest finalize a franchise agreement to operate the system; and Whereas, the City Council finds that it is in the best interests of the City of Dubuque to ap- prove the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The [provided] Agreement is hereby approved. Section 2. The City Manager is authorized and directed to sign the Agreement on behalf of the City of Dubuque. Passed, approved, and adopted this 181h day of December, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 9. Tree City USA Application Approval Re- quest: Upon motion the documents were re- ceived, filed, and approved. 10. 2023 Pavement Marking Project: Ac- ceptance of Public Improvement Construction Contract - Project Code: 5521000013: Upon motion the documents were received and filed, and Resolution No. 404-23 Accepting the 2023 Pavement Marking Project and authorizing the payment to the contractor was adopted. RESOLUTION NO. 404-23 ACCEPTING THE 2023 PAVEMENT MARK- ING PROJECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the 2023 Pavement Marking Project, (the Project) has been completed by the Contractor, Ostrom Painting and Sandblasting, Inc. (Con- tractor), the City Engineer has examined the work and recommends that the Project be ac- cepted; and Whereas, the final contract amount for the Project is $229,562.50; and Whereas, the Contractor has previously been paid $218,084.42, leaving a balance of $11,478.13; 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 Chief Financial Officer is hereby directed to pay to the Contractor the balance of the retainage of $11,478.13 as pro- vided in Iowa Code chapter 573, and to pay such retainage in accordance with the provi- sions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved, and adopted this 18th day of December 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 11. Reservation of Easements by the City of Dubuque: Twin Ridge Sanitary Sewer Exten- sion and Lagoon Abandonment Project: Upon motion the documents were received and filed, and Resolution No. 405-23 Approving the Res- ervation of Easements by the City of Dubuque in connection with the Twin Ridge Sanitary Sewer Extension and Lagoon Abandonment Project was adopted. Page 1290 of 2498 Book 153 Regular Session, December 18, 2023 475 RESOLUTION NO. 405-23 APPROVING THE RESERVATION OF EASE- MENTS BY THE CITY OF DUBUQUE, IOWA IN CONNECTION WITH THE TWIN RIDGE SANITARY SEWER EXTENSION AND LA- GOON ABANDONMENT PROJECT Whereas, the City of Dubuque, Iowa is the owner of the following described real property in Dubuque County, Iowa: Lot 12, Block 2, Dubuque Technology Park, in the City of Dubuque, Iowa; and Lot B of Twin Ridge Subdivision No. 5 in Dubuque County, Iowa (the Prop- erty); and Whereas, the City of Dubuque, Iowa plans to reserve sanitary sewer utility easements over the above -described properties, as set forth in the [provided] Reservation of Ease- ments, as part of the Twin Ridge Sanitary Sewer Extension and Lagoon Abandonment Project and to ensure that the appropriate easements are in place prior to the future dis- position of the property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The Reservation of Easements by the City of Dubuque, Iowa, is hereby ap- proved. Section 2. The City Clerk is hereby author- ized and directed to record the Reservation of Easements by the City of Dubuque, Iowa with the Dubuque County Recorder. Passed, approved, and adopted this 18th day of December, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 12. Request to Distribute Request for Qual- ifications (RFQ) to hire a Mechanical/Electri- cal/Plumbing Systems Design Consultant & Ar- chitectural Design Consultant and Create an RFQ Review Committee: Upon motion the doc- uments were received, filed, and approved. 13. Final Plat of Links Glen Place No. 2: Upon motion the documents were received and filed, and Resolution No. 406-23 Approving the Final Plat of Survey of Links Glen Place No. 2 in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 406 - 23 APPROVING THE FINAL PLAT OF SURVEY OF LINKS GLEN PLACE NO. 2 IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Links Glen Place No. 2 in the City of Dubuque, Iowa; and Whereas, said Final Plat has been exam- ined by the Zoning Advisory Commission and its approval has been endorsed thereon; and Whereas, said Final Plat has been exam- ined by the City Council and they find that it conforms to the statues and ordinances relat- ing thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the Final Plat of Links Glen Place No. 2 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 18"' day of December, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 14. Problem Property Assessment: Upon motion the documents were received and filed, and Resolution No. 407-23 Authorizing the city to collect delinquent problem property charges in accordance with 14-1J1 International Prop- erty Maintenance Code Section 106.5 and/or Section 109.5 Code of Ordinances of the City of Dubuque, Iowa was adopted. RESOLUTION NO. 407-23 AUTHORIZING THE CITY TO COLLECT DE- LINQUENT PROBLEM PROPERTY CHARGES IN ACCORDANCE WITH 14-1J1 INTERNATIONAL PROPERTY MAINTE- NANCE CODE SECTION 109.5 AND/OR SECTION 112.5 CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, residential properties in the City of Dubuque are considered hazardous or un- sanitary premises if problem properties are al- lowed to deteriorate according to 14-1J1; and Whereas, whenever in the judgment of the Code Official, a nuisance that is "palpably and indisputably such" exists which requires imme- diate action to protect the public health, safety or welfare of the public, the Code Official may order the emergency abatement of such; and Whereas, delinquent problem property charges shall be certified by the City Clerk to the Dubuque County Treasurer for collection with, and in the same manner as general prop- erty taxes. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the persons listed on the at- tached Problem Property Assessment Sched- ule are delinquent in the payment of problem property charges. Section 2. That the City Clerk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named on the attached Prob- lem Property Assessment Schedule are delin- quent in the payment of problem property charges in the amount set aside of the respec- tive names, and that said amounts shall be Page 1291 of 2498 Book 153 Regular Session, December 18, 2023 476 collected in the same manner as general prop- erty taxes against the respective parcels of property set opposite the names of the owners. Passed, approved, and adopted this 18"' day of December, 2023. Brad M Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk Location; Owner; Parcel #; Amount; Category 1428 Iowa; S 26.38' of SM 1/5 & N 8.2' of N 26'2" of S 1/5 City Lots 455; River Walk Prop- erties LLC Pmb 311 3500 Dodge St, Suite 205 Dubuque IA 52002; 1024407004; $75.00; Towing Fee 1428 Iowa; S 26.38' of SM 1/5 & N 8.2' of N 26'2" of S 1/5 City Lots 455; River Walk Prop- erties LLC Pmb 311 3500 Dodge St, Suite 205 Dubuque IA 52002; 1024407004; $175.25; Legal Service Fee 15. College Student Brochures: City Man- ager provided copies of brochures for area col- lege students that detail free Jule bus rides and area events. Upon motion the documents were received and filed. 16. City of Dubuque Aerial Photography Project: Upon motion the documents were re- ceived, filed, and approved. 17. Approval for Organizational Culture Change Consulting Services Contract Amend- ment: City Manager recommended City Coun- cil approval to issue an amendment to the con- tract with ViDL Solutions in the amount of $100,000 to extend agreed -upon work to in- clude the City's leadership team. Upon motion the documents were received, filed, and ap- proved. 18. Purchase of One 35 ft. Gillig Electric Bus: Upon motion the documents were re- ceived, filed, and approved. 19. Signed Contract(s): MSA Professional Services, Inc for the Creek Crossing Restora- tion; Origin Design Co. for the Old Highway Road Water Main Connection Loop; Top Grade Excavating, Inc. for the Old Highway Road Wa- ter Main Connection Loop; Tschiggfrie Exca- vating for the Burlington Water Main Improve- ments. Upon motion the documents were re- ceived and filed. 20. Improvement Contracts / Performance, Payment and Maintenance Bonds: Corner- stone Concrete LLC for the 2023 Concrete work in the public right of way. Upon motion the documents were received, filed, and approved. 21. Request for Participation Initial Cus- tomer Notification Lead Service Line Replace- ment Pilot Program: Upon motion the docu- ments were received and filed. 22. Certified Lists - Police Officer, Police Captain, Police Lieutenant, and Police Cor- poral: Civil Service Commission submitted the certified lists for the positions of Police Officer, Police Captain, Police Lieutenant, and Police Corporal. Upon motion the documents were re- ceived, filed, and made a matter of record. December 13, 2023 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Police Officer was administered on Decem- ber 9, 2023. We, The Civil Service Commis- sion, hereby certify that the individuals listed in the attached list have passed the written exam- ination administered on either March 11, 2023, May 6, 2023, August 12, 2023, or December 9, 2023, are using a valid transfer score, or are currently certified as an Iowa Law Enforcement Officer and any vacancies for the position of Police Officer should be filled from this list and that this list is good through March 12, 2024. Police Officer 1. Dustin Allen, 2. Noah Altman, 3. Colton Bach, 4. Ser Jon Bennett - Transfer Score, 5. Dustin Brant, 6. Daniel Brimmer - Transfer Score, 8. Kaitlyn Frick, 8. Nathan Goodson - Gregg, 9. Ashley Hahnbaum - Certified, 10. Sophia Hammond, 11. Brandon Hoey, 12. Cas- sandra Holmes, 13. Evan Honkomp, 14. Sierra Hooper, 15. Marcus Leitzen, 16. Matthew Mo- rel - Transfer Score, 17. Henry Nosek, 18. Noah Perry - Transfer Score, 19. Cassidy Randl - Transfer Score, 20. Jayson Schlar- mann - Transfer Score, 21. Kenneth Schrader, 22. Josh Vaulthier - Transfer Score, 23. Dave Weis, 24. Nathan Willman Respectfully Submitted, Civil Service Commissioner December 13, 2023 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, a promotional examination for the position of Police Captain was adminis- tered on November 25, 2023. We, the Civil Ser- vice Commission, hereby certify that the indi- viduals listed below have passed the written examination and any vacancy for the position of Police Captain should be made from this list and that this list is good for a period of (2) two years. Page 1292 of 2498 Book 153 Regular Session, December 18, 2023 477 Police Captain 1. Bruce Deutsch, 2. Richard Fullmer, 3. David Welsh Respectfully Submitted, Civil Service Commissioner December 13, 2023 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, a promotional examination for the position of Police Lieutenant was adminis- tered on October 24, 2023. We, the Civil Ser- vice Commission, hereby certify that the indi- viduals listed below have passed the examina- tion process and any vacancy for this position should be made from this list. This list is good for a period of (2) two years. Police Lieutenant 1. Dane Cox, 2. Chad Crabill, 3. Billy Dieujuste, 4. Justin Dura, 5. Kane Hoffmann, 6. Ethan Lembke, 7. Matthew Levin, 8. Jordan Waddick, 9. Nathan Wall, 10. Thomas Warner Respectfully Submitted, Civil Service Commissioner December 13, 2023 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, a promotional examination for the position of Police Corporal was adminis- tered on October 24 and 25, 2023. We, the Civil Service Commission, hereby certify that the in- dividuals listed below have passed the written examination and any vacancy for the position of Police Corporal should be made from this list and that this list is good for a period of (2) two years. Police Corporal 1. Justin Dura, 2. Nathaniel Lech, 3. Ethan Lembke, 4. Nicholas Soppe, 5. Nathan Wall, 6. Thomas Warner, 7. Austin Weitz Respectfully Submitted, Civil Service Commissioner 23. Approval of Retail Alcohol Licenses: Council Member Farber stated her intent to ab- stain from voting on this item due to her owner- ship of Magoo's Pizza, whose liquor license was listed on the resolution for renewal. Motion by Jones to receive and file the documents and adopt Resolution No. 408-23 Approving appli- cations for retail alcohol licenses, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits. Seconded by Resnick. Motion carried 6-0 with abstention from Farber. RESOLUTION NO. 408-23 APPROVING APPLICATIONS FOR RETAIL ALCOHOL LICENSES, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDI- NANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CON- TROL, ARTICLE B LIQUOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for retail alcohol li- censes have been submitted and filed with the City Council for approval, and the same have been examined, provisionally approved, and/or approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City, and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Clerk is hereby author- ized and directed to cause to be issued at the noted premise address to the following appli- cants pending submission of the locally re- quired documentation: Renewals AMC Theatres Dubuque 14, 2835 NW Arte- rial Baymont Inn & Suites, 4025 McDonald Dr. Brazen Open Kitchen Bar, 955 Washington St. Suite 101 Dubuque Golf & Country Club, 1800 Randall PI. Gary Dolphin's Iron Bar, 333 East 10th St. Suite 104 Hy-Vee Clubroom, 400 South Locust St. Clubroom Area Kwik Stop 76, 2320 Gateway Dr. Magoo's Pizza, 1875 University Ave. The Moracco, 1413 Rockdale Rd. Towneplace Suites By Marriott - Dubuque, 1151 Washington St. Passed, approved, and adopted this 181h day of December 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk PUBLIC HEARINGS 1. Resolution Approving the Development Agreement by and among the City of Dubuque, Iowa, 400 Ice Harbor, LLC, and Hodge Com- pany Providing for the Sale of City -owned Real Estate to 400 Ice Harbor, LLC and the Issu- ance of Urban Renewal Tax Increment Reve- nue Grant Obligations Pursuant to the Devel- opment Agreement: Motion by Roussell to re- ceive and file the documents and adopt Reso- lution No. 409-23 Approving a Development Agreement by and among the City of Dubuque, 400 Ice Harbor, LLC, and Hodge Company Page 1293 of 2498 Book 153 Regular Session, December 18, 2023 478 Including the disposal of an interest in real property owned by the City of Dubuque by sale pursuant to the Development Agreement. Se- conded by Sprank. Mike Fullan, 2074 Creekwood Dr., spoke on behalf of Hodge Company in support of the resolution. Motion carried 7-0. RESOLUTION NO. 409-23 APPROVING A DEVELOPMENT AGREE- MENT BY AND AMONG THE CITY OF DUBUQUE, 400 ICE HARBOR, LLC, AND HODGE COMPANY INCLUDING THE DIS- POSAL OF AN INTEREST IN REAL PROP- ERTY OWNED BY THE CITY OF DUBUQUE BY SALE PURSUANT TO THE DEVELOP- MENT AGREEMENT 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 de- scribed therein; and Whereas, the City of Dubuque, Iowa, is in- terested in stimulating reinvestment in the Greater Downtown Urban Renewal District; and Whereas, the Plan provides, among other things, for the disposition of properties for pri- vate development purposes; and Whereas, 400 Ice Harbor, LLC submitted to the City a proposal in the form of a Develop- ment Agreement for the development of prop- erty owned by the Developer which includes an Option Agreement to purchase certain City - owned real property hereinafter described ("the Parking Property"), which Parking Property is the real estate consisting of approximately 0.68 acres shown on Exhibit A, and which Develop- ment Agreement requests that this Parking Property be made available for sale as rapidly as possible; and Whereas, Iowa Code Chapter 403 author- izes cities to dispose of property in furtherance of an urban renewal project and to take other actions as may be necessary to carry out the purposes of said Chapter, and the Plan simi- larly authorizes the City to dispose of property; and Whereas, in compliance with Iowa Code Section 403.8, and to the extent required by law, Iowa Code Section 364.7, the City Council has set forth its proposal to approve the Devel- opment Agreement and to dispose of its inter- ests in the Parking Property and the City Clerk published a notice on November 10, 2023 as required by law soliciting competitive proposals for the Development Agreement and the Park- ing Property; and Whereas, as of 10:00 a.m. on December 11, 2023 the City Clerk received no competitive proposals for the Development Agreement and the Parking Property; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to ap- prove the Development Agreement proposed by 400 Ice Harbor, LLC and the Option Agree- ment to purchase the Parking Property as pro- vided in the Development Agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The Council finds that the Devel- opment Agreement and the sale of the Parking Property will promote the purposes of the ur- ban renewal law, Iowa Code Ch. 403 in the City and, together with the other consideration pro- vided for in the Agreement, that these benefits constitute fair value for the City's disposal of in- terests in the Parking Property under Iowa Code Section 403.8. Section 2. The Development Agreement by and among the City, 400 Ice Harbor, LLC, and Hodge Company, including the sale of the Parking Property as provided therein, is hereby approved. Section 3. The Mayor is authorized and di- rected to execute said Development Agree- ment on behalf of the City of Dubuque. Passed, approved, and adopted this 18«' day of December, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Resolution Adopting the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, Version 2023.4: Motion by Jones to receive and file the documents and adopt Resolution No. 410-23 Approving the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, Version 2023.4. Seconded by Wethal. Motion carried 7-0. RESOLUTION NO. 410-23 APPROVING THE AMENDED AND RE- STATED URBAN RENEWAL PLAN FOR THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT, VERSION 2023.4 Whereas, by Resolution 386-23 on Novem- ber 20, 2023, the City Council of the City of Dubuque, Iowa authorized the preparation of an Amended and Restated Urban Renewal Plan (the "Amended and Restated Plan, Ver- sion 2023.4") for the Greater Downtown Urban Renewal District (the "District"); and Whereas, the City of Dubuque's primary objective for the Amended and Restated Plan, Version 2023.4, is to provide opportunities which will further economic development pur- poses and objectives and remediate blighting conditions, and to address these objectives, additional projects are being added as de- scribed in the Amended and Restated Plan; and Page 1294 of 2498 Book 153 Regular Session, December 18, 2023 479 Whereas, a consultation process has been undertaken with affected taxing entities in ac- cordance with Chapter 403 of the Code of Iowa with no written objections or recommended changes to the Amended and Restated Plan, Version 2023.4, received; and Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public hearing on the proposed Amended and Restated Plan, Version 2023.4. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Amended and Restated Urban Renewal Plan, Version 2023.4, for the Greater Downtown Urban Renewal District, on file in the City Clerk's Office and made refer- ence to herein, is hereby approved. Section 2. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and di- rected to file a certified copy of this Resolution in the office of the Dubuque County Auditor. Passed, approved, and adopted this 18"' day of December, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk PUBLIC INPUT Bradley Plummer, 1041 Shady Oaks Dr., read a letter that he submitted to the City Coun- cil regarding Action Item No. 2, in which he ex- pressed concern for the increased odor gener- ated from the Water & Resource Recovery Center. City Clerk Breitfelder announced receipt of Mr. Plummer's letter, as well as input from Jor- dan Pape, Chief Sustainability Officer with Tucker Freight, 1080 E. 12"' St., regarding his support of the proposed ordinance for Action Item No. 3. ACTION ITEMS 1. Greater Dubuque Development Corpora- tion - Quarterly Update: Motion by Jones to re- ceive and file the documents and listen to the presentation. Seconded by Sprank. President and CEO Rick Dickinson to present the quar- terly update on the activities of the Greater Dubuque Development Corporation (GDDC) and responded to a question from the City Council regarding GDDC's impact on the com- munity. Motion carried 7-0. 2. Water & Resource Recovery Center Odor Abatement Efforts Update: Water & Re- source Recovery Center (W&RRC) Director Deron Muehring made a presentation on odor abatement efforts at the Water & Resource Re- covery Center (W&RRC). Responding to ques- tions from the City Council, Mr. Muehring stated that the city hired US Peroxide, LLC (USP) to provide recommendations on odor abatement, and that an improvement package will be submitted for Fiscal Year 2025 to fund the addition of hydrogen peroxide to the waste stream. City Manager Van Milligen stated that the city accepts high strength waste from busi- nesses both in and around the city because it's a needed service. City Council Members acknowledged the increase in odors and em- phasized the need to address the odors swiftly. City Council Members requested an update at the second City Council meeting in January. Motion carried 7-0. 3. Central Avenue / White Street Truck Route Amend Commercial Motor Vehicles Or- dinance: 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 sus- pended. Seconded by Sprank. Responding to a question from the City Council, City Attorney Brumwell stated that the $50 fine for violating the ordinance has been the fine amount for at least a decade. City Manager Van Milligen stated that rebuilding the Central Avenue Cor- ridor was not in the city's five-year Capital Im- provement Program (CIP), and that completion of the Central Avenue & White Street Corridor Traffic Study will provide additional traffic rec- ommendations. City Manager Van Milligen acknowledged that the ordinance will be chal- lenging to enforce. City Manager Van Milligen also announced the following trucking or busi- ness community representatives will partici- pate in the traffic study request for proposals (RFP) committee: Joe Kirk, Terry Mozena, and Rick Dickinson. City Council Members ex- pressed support for the ordinance and spoke about various factors that will impact truck traf- fic on Central Avenue and White Street, includ- ing automated speed enforcement and truck routing software. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 55-23 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 16 Miscel- laneous City Provisions, Division 2 Trucks and/or Machinery, Section 9-16-321.901 Motor Truck Routes. Seconded by Sprank. Motion carried 7-0. 4. Update: 3000 Jackson Street, H & W Building: Motion by Sprank to receive and file the documents and listen to the presentation. Seconded by Roussell. Housing and Commu- nity Development Director Alexis Steger pro- vided an update on 3000 Jackson Street, H & W Building. Responding to questions from the City Council, Ms. Steger stated that the streets currently closed around the H&W Building due to the stabilization work will not be reopened by Page 1295 of 2498 Book 153 Regular Session, December 18, 2023 480 January 1st, and that plans have been estab- lished with the Public Works Department to ad- dress snow removal on the closed streets if necessary. City Council Members expressed disappointment that the closed streets will not be reopened by January 1 st and requested an update at the first City Council meeting in Jan- uary. Motion carried 7-0. 5. Agreement with Kwik Trip, Inc. - Kwik Trip, Inc. Convenience Store/Gas Station at In- tersection of Seippel Road, and Airborne Road: Motion by Roussell to receive and file the doc- uments and adopt Resolution No. 411-23 Ap- proving an agreement between the City of Dubuque, Iowa and Kwik Trip, Inc. for con- struction of certain off -site public roadway and utility improvements at the intersection of Seip- pel Road and Airborne Road related to the pro- posed site improvements at said intersection. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 411-23 APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND KWIK TRIP, INC. FOR CONSTRUCTION OF CER- TAIN OFF -SITE PUBLIC ROADWAY AND UTILITY IMPROVEMENTS AT THE INTER- SECTION OF SEIPPEL ROAD AND AIR- BORNE ROAD RELATED TO THE PRO- POSED SITE IMPROVEMENTS AT SAID IN- TERSECTION Whereas, Kwik Trip, Inc. (KTI) has pro- posed a development project (the Project) at the intersection of Seippel Road and Airborne Road; and Whereas, the City of Dubuque has deter- mined that the Project will require certain im- provements to the public right of way of Seippel Road and Airborne Road and KTI agrees that such improvements are reasonable and neces- sary; and Whereas, the City of Dubuque has negoti- ated an Agreement, subject to City Council ap- proval, with Kwik Trip, Inc. (KTI) for the con- struction of off -site public roadway and utility improvements at the intersection of Seippel Road and Airborne Road related to the pro- posed private site improvements by KTI at the southeast quadrant of said intersection; and Whereas, the City Council finds that it is in the best interest of the City of Dubuque to ap- prove the Agreement [provided] hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Agreement [provided] hereto is hereby approved. Section 2. The City Manager is authorized and directed to execute the Agreement on be- half of the City of Dubuque and to take such action as may be necessary to carry out the terms of the Agreement. Passed, Approved, and Adopted this 181h day of December, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Amending Taxicab Driver Licensing Re- quirements: 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 sus- pended. Seconded by Wethal. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 56-23 Amending City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 7 Vehicles for Hire and Public Transportation, Ar- ticle B Motorized Vehicles For Hire, Section 4- 713-8 Taxicab Business License and Taxicab Driver's Permit. Seconded by Wethal. Motion carried 7-0. ORDINANCE NO. 56 - 23 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 7 VEHI- CLES FOR HIRE AND PUBLIC TRANSPOR- TATION, ARTICLE B MOTORIZED VEHI- CLES FOR HIRE, SECTION 4-7113-8 TAXICAB BUSINESS LICENSE AND TAXICAB DRIVER'S PERMIT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 4-713-8 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 4-76-8: TAXICAB BUSINESS LICENSE AND TAXICAB DRIVER'S PERMIT: B. Driver's Permit Requirements; Fee 2. Application For Driver's Permit: a. An application for a taxicab driv- er's permit must be filed with the city clerk's office on a form provided by the city clerk. b. An applicant operating a taxicab with a seating capacity of less than seven (7) passengers must have, at a minimum, a valid Iowa class C non- commercial license or equivalent li- cense issued by another state to ob- tain a taxicab driver's permit. An ap- plicant operating a taxicab with a seating capacity of greater than seven (7) passengers must have, at a mini- mum, a valid Iowa class D chauffeur's license or equivalent license issued by another state to obtain a taxicab driver's permit. Temporary restricted licenses or work permit privileges are Page 1296 of 2498 Book 153 Regular Session, December 18, 2023 481 not sufficient to obtain a taxicab driv- Department Organizational Changes and er's permit. Wage Compression: Motion by Wethal to re- c. An applicant will be ineligible for a ceive and file the documents and approve the taxicab driver's permit if any of the fol- Fiscal Year 2024 Fire Department organiza- lowing apply: tional changes, creation of a new civilian fire in- (1) The applicant is restricted to spector position, and wage adjustments. Se - operating motor vehicles conded by Roussell. Responding to a question equipped with an ignition interlock from the City Council, Fire Chief Amy Scheller device. spoke about the Deputy Fire Chief position re- (2) The applicant's driving privi- sulting from readjustments to the department. leges have been suspended, re- City Council Members expressed support for voked, barred, canceled, denied, the Deputy Fire Chief position. Motion carried or disqualified in the prior three (3) 7-0. year period. (3) The applicant has been con- 9. Work Session Request: Travel Dubuque: victed of more than three (3) mov- Motion by Jones to schedule the work session ing violations in the prior three (3) for February 5, 2024, at 6:00 p.m. Seconded by year period. Roussell. Motion carried 7-0. (4) The applicant has been con- victed of violating section COUNCIL MEMBER REPORTS 321.218, 321.277, or 321J.21, or section 321A.32, subsection 1, in Council Member Jones reported on partici- the prior three (3) year period. pating in the emergency services annual holi- (5) The applicant has been con- day event at Hills and Dales. victed in the prior seven (7) year Council Member Farber reported on speak - period of a felony, of violating sec- ing at the University of Dubuque's Graduate tion 321J.2 or 321J.2A, or of any Physician Assistant Graduation Ceremony. crime involving injury to another Mayor Cavanagh reported on his recent person, damage to the property of presentation on the Bee Branch Watershed to another person, or operating a ve- the Mississippi River Cities and Towns Initia- hicle in a manner that endangers tive (MRCTI) another person. (6) The applicant is registered CLOSED SESSION on the national sex offender regis- try. Motion by Jones to convene in closed ses- d. The chief of police will investigate sion at 9:09 p.m. to discuss Purchase or Sale each applicant for a taxicab driver's of Real Estate — Chapter 21.5(1)(j) Code of permit and a report of such investiga- Iowa. Seconded by Roussell. Mayor Cavanagh tion will be attached to the application stated for the record that the attorney who will for consideration by the city clerk. consult with City Council on the issues to be Such report will state whether the ap- discussed in the closed session is City Attorney plicant has, at a minimum, a valid Brumwell. Motion carried 7-0. Iowa class D-3 chauffeur's license or The City Council reconvened in open ses- equivalent license issued by another sion at 9:53 p.m. stating that staff had been state. given proper direction. Section 2. This ordinance shall take effect ADJOURNMENT upon publication. Passed, approved, and adopted this 18t" There being no further business, Mayor day of December, 2023. Cavanagh declared the meeting adjourned at Brad Cavanagh, Mayor 9:53 p.m. Attest: Adrienne Breitfelder, City Clerk /s/Adrienne N. Breitfelder, CIVIC, City Cler 7. Police Department Supervisor Wage Compression: Motion by Sprank to receive and file the documents and approve a budget allo- cation of $80,482 from Fiscal Year 2024 sav- ings to provide 5% increase for Police Depart- ment Lieutenants, Captains, and the Assistant Chief, and 6% increase for the Chief. Se- conded by Jones. City Council Members asso- ciated this action item to city workforce attrac- tion and retention. Motion carried 7-0.8. Fire Page 1297 of 2498 Book 153 Special Session, December 29, 2023 482 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 12:00 p.m. on December 29, 2023, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6t" Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attor- ney Brumwell. Mayor Cavanagh read the call and stated this is a regular session of the City Council called for the purpose of conducting such busi- ness that may properly come before the City Council. ACTION ITEMS 1. 911 Emergency Communications Center Agreement: Motion by Jones to receive and file the documents and adopt Resolution No. 412- 23 Approving the Dubuque County Public Safety Answering Point Agreement between the City of Dubuque, Dubuque County, and the Dubuque County 911 Service Board. Se- conded by Farber. Responding to a question from the City Council, Dubuque County Emer- gency Management Director Tom Berger sum- marized the outlook for expansion and region- alization of the emergency communications center. City Council Members commended the agreement and thanked all involved parties for their work on identifying a new center. Motion carried 7-0. RESOLUTION NO. 412-23 Whereas, as described in Iowa Code 34A.3, the Board of Supervisors of each county maintains the 911 service board which includes the City and describes the roles, duties, re- sponsibilities, and obligations of the Parties to one another; and Whereas, the County, the City, and the 911 Board partner to provide emergency communi- cation services to incorporated and unincorpo- rated areas in Dubuque County; and Whereas, the County, the City, and the 911 Board wish to memorialize the roles and re- sponsibilities of each partner efficiently and clearly within this partnership. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The City of Dubuque hereby consents to the Dubuque County Public Safety Answering Point Agreement between the City, Dubuque County, and the Dubuque County 911 Service Board, which is [provided] hereto. Section 2. The Mayor is authorized and di- rected to execute the Dubuque County Public Safety Answering Point Agreement on behalf of the City of Dubuque. Passed, approved, and adopted this 291h day of December 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 12:14 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk Page 1298 of 2498 Book 153 INDEX 483 A Aand M Trading................................................................................................................................................220 Abstractof Votes...............................................................................................................................................463 Achievelt and Imagine Dubuque................................................................................................................161, 214 Adams, Kim, DuTrac Community Credit Union Senior Vice President of Operations and Facilities ...................364 Adobo's Mexican Grill........................................................................................................................................247 AECOM Technical Services, Inc.................................................................................................................. 258,349 AerialPhotography Project........................................................................................................................ 394,476 Affordable Connectivity Program(ACP).............................................................................................................427 Affordable Housing Network Inc.(AHNI)........................................................................56, 88, 128, 139, 216, 358 Agee, Jane and Jennifer.....................................................................................................................................140 Agreements CollectiveBargaining....................................................................................................................................219 Contracted Services...................................................................................................13, 31, 243, 256, 279, 414 East-West Corridor Capacity Improvements - Professional Consultant Services Contract - Supplemental Agreement..............................................................................................................................................165 Exclusive 3-Year Soft Drink Provider...............................................................................................................86 Franchise........................................................................................................................ 37, 387, 420, 448, 474 Funding......................................................................................................................................................... 433 Grant ............... 11, 31, 49, 50, 174, 175, 176, 182, 185, 304, 305, 321, 388, 391, 398, 404, 408, 409, 410, 425 HousingTIF...................................................................................................................................................128 Management.................................................................................................................................................. 97 Preconstruction............................................................................................................................................141 Purchase............................................................................................................................... 399, 414, 426, 465 Purchaseof Services..................................................................................................................... 272, 339, 350 Right of Way/Land Transfers................................................................................................................177, 262 Settlement...................................................................................................................... 76, 246, 247, 265, 279 Subrecipient........................................................ 4, 54, 128, 182, 216, 244, 309, 339, 382, 387, 394, 417, 430 SubrecipientGrant...............................................................................................................................432, 433 VolunteerDBQ................................................................................................................................................76 Ahlers & Cooney, P.C., Attorney Conner Wasson..............................................................................................243 Al- Artificial Intelligence....................................................................................................................................428 Airport Zoning Commission Membership................................................................................................................................................. 313 Aldi, Inc..............................................................................................................................................................398 AllClear, Inc., (Contractor)...................................................................................................................................32 Allen, Anthony............................................................................................................................................. 48,137 AlmostHome Rehabilitation......................................................................................................................216, 244 AlteredState, The..............................................................................................................................................221 Ambrosy, Rebecca.............................................................................................................................................127 AMCTheatres Dubuque.....................................................................................................................................477 American Public Works Association's(APWA)...................................................................................................215 American Queen Steamboat Operating Company, LLC.....................................................................................309 American Rescue Plan Act (ARPA)....................................................................................................... 45, 178, 338 Americans for the Arts' Arts & Economic Prosperity.................................................................................407, 410 AmeriCorps............................................................................................................................ 74, 81, 114, 334, 393 Amick, Captain David, Dubuque Salvation Army...............................................................................................180 Anderson -Bricker, Kristin and John....................................................................................................................284 AngellaStreet, 514.....................................................................................................................................143, 216 AnnualLegislative Dinner..................................................................................................................................469 Applebee's Neighborhood Grill And Bar............................................................................................................247 Appointments to Various Boards and Committees...............................................................................................7 AreaResidential Care.........................................................................................................................................166 Arton the River.......................................................................................................................................... 215,317 Arts & Cultural Affairs Advisory Commission.................................................................................................45, 74 Minutes.................................................................................................................214, 276, 320, 385, 412, 473 Recommendation................................................................................................................................. 215,272 Page 1299 of 2498 Book 153 INDEX 484 Arts & Culture Operating Support Grant Program.....................................................................................132, 272 AsburyPlaza No. 22...................................................................................................................................139, 145 ASMGlobal........................................................................................................................................................306 Asphalt Paving Association of Iowa Awards......................................................................................................473 Assessment Schedules............................................................................................11, 50, 129, 131, 263, 466, 475 Atkinson, Brenda.................................................................................................................................................74 ATV-UTV Ordinance...........................................................................................................................................332 Automated Speed Enforcement.......................................................................42, 70, 71, 178, 240, 269, 454, 456 Award of CY2023 HAP Set -Aside Funding..........................................................................................................468 T BackpocketDubuque...................................................................................................................................55, 220 Bagheri, Ehsan, Parsons Transportation Group, Inc..........................................................................................428 Bahl, Barbara J. and Terrence L..............................................................................................................................3 Bahl, Steven Eldon and Sandra Jean..................................................................................................................323 Baraboo's On Main............................................................................................................................................398 BarrelHouse Dubuque.......................................................................................................................................398 Baum, Alex, Community Foundation of Greater Dubuque Director of Initiatives .............................................302 BaymontInn & Suites........................................................................................................................................477 BCDContractors, (Contractor)...........................................................................................................................245 BeckerArena Products, Inc.............................................................................................................................. 2,32 BeecherLiquor...................................................................................................................................................247 BeecherStore, Inc.............................................................................................................................................. 246 BeecherWine & Spirit........................................................................................................................................186 Behnke, Tara........................................................................................................................................................ 30 BellTower Productions......................................................................................................................................280 BellevueHeights Road.......................................................................................................................................217 Belser, Rick.............................................................................................................................................................1 Berger, Ryan......................................................................................................................................................473 Berry, Robert..................................................................................................................................................... 215 Berry, Zach.........................................................................................................................................................249 Biedermann, Jeremy and Andres.......................................................................................................................325 Big10 Mart Stores............................................................................................................................. 220, 310, 435 BIGTier 1 Grant.................................................................................................................................................433 BlackBusiness Expo................................................................................................................................... 350,410 BlackHeritage Survey............................................................................................................................ 1,383,394 BlendBusiness Dining........................................................................................................................................398 Bloomberg City Lab in Washington, D.0............................................................................................................428 Bloomberg Philanthropies' Public Art Challenge.................................................................................................31 BlueSky, Inc...............................................................................................................................................145, 148 BluffStreet, 1047............................................................................................................................................... 321 BluffStreet, 1509-1511.......................................................................................................................................... 3 Board of Library Trustees Membership.........................................................................................................................................225, 248 Boating Infrastructure Tier 1 Grant........................................................................................... 308, 338, 432, 433 Bodish, Becky, Four Mounds Program Manager................................................................................................302 Boge. Jill..................................................................................................................................................... 385,393 Bonds General Obligation Bonds......................................................................................134, 158, 272, 284, 316, 349 Moody's Upgrade......................................................................................................................................... 284 Sewer Revenue Capital Loan Notes................................................................................ 33, 343, 344, 379, 380 Botanicanna....................................................................................................................................................... 220 Bowling and Beyond Site............................................................................................See Hawthorne Street, 1860 BowlingLanes....................................................................................................................................................186 Boxleiter, Shea and Anna and Amelia................................................................................................................229 Boyd, Courtney, Clarke University Women's Basketball Head Coach................................................................126 Boys & Girls Club................................................................................................................................ 142, 256, 428 BPFuel......................................................................................................................................................... 76,220 Page 1300 of 2498 Book 153 INDEX 485 Brahm, Joseph, Parsons Transportation Group, Inc. Project Manager..............................................................428 BrazenOpen Kitchen Bar...................................................................................................................................477 Breadand Vine............................................................................................................................................ 38,220 Brehm, John and Diane...................................................................................................See Voluntary Annexation Brewer, Chris, AECOM....................................................................................................................................... 258 Brewer, Chris, Bolton & Menk Consultant...........................................................................................................29 BridgeRestaurant, The......................................................................................................................................435 Brimeyer, Cathy...................................................................................................................................................81 Brownfield Conceptual Redevelopment Plan....................................................................................................181 BrunswickStreet, 2820......................................................................................................................................454 Bryant Elementary School.................................................................................................................. 229, 407, 408 Budde, Jacqueline................................................................................................................................................74 Budget Amendment.......................................................................................................................... 167, 191, 215, 405 Public Hearings.......................................................................... 71, 72, 73, 81, 82, 83, 115, 116, 117, 275, 389 Buesing and Associates, Inc...............................................................................................................................306 BuffaloWild Wings............................................................................................................................................186 Buhr, Kathy, DRA Director of Strategic Philanthropy and Schmitt Island Development ....................................258 Building Bridges to Employment and Equity (B2E2).......................................................................... 256, 349, 433 Building Code Advisory and Appeals Board Minutes............................................................................................................................................ 10, 84, 141 BunkerHill Golf Course.................................................................................................................................. 55,86 Burgat, Brenna, Mental Health America of Dubuque County............................................................................163 Burke, Mary.......................................................................................................................................................393 Burlington Street Water Main Improvement.....................................................................................................310 BurlingtonStreet, 3009......................................................................................................................................278 Burns, Arius................................................................................................................................................412, 429 Butler Children's Garden Foundation, Inc., known as The Wanderwood Gardens .................................... 282,330 Buttigieg, Pete, United States Secretary of Transportation...............................................................................256 C CEllis Properties, LLC................................................................................................................................. 217,396 Cable Television Commission Membership......................................................................................................................... 225, 248, 437, 469 Minutes........................................................................................................................................................356 Recommendation......................................................................................................................................... 359 Caldwell, Theresa, Dubuque Food Pantry Executive Director............................................................................126 Camp Albrecht Acres Foundation........................................................................................................................38 CanadianPacific Railway......................................................................................................................................86 CanfieldHotel....................................................................................................................................................220 CapraBank.................................................................................................................................................320, 321 CARESAct................................................................................................................................................... 216,244 CARichProperties LLC........................................................................................................................................239 Carlos O'Kelly's Mexican Cafe....................................................................................................................144, 398 Carlson Dettmann Consulting............................................................................................................................244 Carnegie -Stout Public Library.............................................................................................................. 80, 126, 427 Carr, Jamie............................................................................................................................................. 42, 69, 454 Carrico Aquatics Resources....................................................................................................................................5 Carroll, Carole, Hospice of Dubuque..................................................................................................................412 Carroll, Connie...................................................................................................................................................127 Carstens, Laura, East Central Intergovernmental Association (ECIA)..................................................................84 Casey's General Stores............................................................................................................................... 220,279 Castella, Julie.....................................................................................................................................................332 CatfishCharlie's.................................................................................................................................................144 CCIS, LLC.....................................................................................................................177, 262, 277, 280, 314, 315 Central Avenue / White Street Traffic Study......................................................................................... 7,471,479 Central Avenue Corridor Master Plan........................................................................................................ 7, 9, 316 Central Avenue, 1199........................................................................................................................ 391, 398, 425 Page 1301 of 2498 Book 153 INDEX 486 CentralAvenue, 2900..........................................................................................................................................31 Central Curb Staging Storefronts event.............................................................................................................410 Central Grocery and Beauty Inc.........................................................................................................................247 Centrally Rooted, Launch of Exploration Labs...................................................................................................185 Certified Municipal Clerk Designation...................................................................................................................5 ChadwickBlock, LLC...................................................................................................................................326, 346 Chaplain Schmitt Island..............................................................258, 306, 327, 346, 351, 360, 377, 391, 410, 431 Chavenelle Road Hike Bike Trail.........................................................................................................................183 ChavenelleRoad, 7495......................................................................................................................................366 Cherland, Roger and Cheryl.......................................................................................................................145, 148 Chicago Central & Pacific Railroad............................................................................................... 99, 107, 231, 292 Childcare Challenges and Collaborations............................................................................................. 31, 413, 471 Childrens Cancer Connection.............................................................................................................................337 ChipotleMexican Grill........................................................................................................................................360 Chopper's.............................................................................................................................................................13 Cities Forward Initiative..................................................................................................................... 334, 392, 428 CityAccepts Ownership.....................................................................................................................................142 CityFocus Magazine..........................................................................................................................................427 City Inclusive Entrepreneurship Program..........................................................................................................460 CityLife Class in Spanish....................................................................................................................................411 City of Dubuque Employee Recognition Committee.........................................................................................163 CityStreet Financing Report..............................................................................................................................462 Civic Center Advisory Commission Membership.....................................................................................................................................6,282,313 Civil Service Commission Lists..................................................................................................................85, 185, 246, 341, 435, 476, 477 Minutes.........................................................................................................1, 30, 74, 180, 214, 259, 385, 429 Clark, Heather....................................................................................................................................................229 ClarkeDrive, 590........................................................................................................................................167, 190 ClarkeUniversity..........................................................................................................................................76, 126 Classification and Compensation Study.............................................................................................................244 Classyand Chic Boutique.....................................................................................................................................38 Clemens, Jennifer, Clemens -Conlon, Walters, Conlon, Runde, & Hiatt, L.L.P ....................................................157 Climate Action Plan (CAP)...................................................................172, 173, 174, 175, 176, 184, 407, 409, 410 Clubhouse, The......................................................................................................................................................5 Coble, Sarah, Fountain of Youth Program..........................................................................................................461 Code of Federal Regulations(CFR).....................................................................................................................137 Collective Bargaining Agreements.....................................................................................................................219 Collins Community Credit Union..................................................................................................................49, 321 Comelec Internet Services...................................................................................................................................14 Comiskey Park.................................................................................................................... 172, 256, 274, 317, 347 Community Development Advisory Commission Funding and Approval Agreement........................................................................................................309, 351 Membership...............................................................................................................................................6, 41 Minutes................................................................................................................................................ 356,473 PublicHearing................................................................................................................................. 75, 127, 358 Recommendation................................................................................................................... 76, 272, 315, 350 Reviewed.............................................................................................................................................. 227,377 Community Development Block Grant (CDBG)..... 4, 54, 75, 76, 127, 128, 170, 182, 216, 227, 244, 305, 309, 312, 358, 377, 382, 383, 387, 394, 417, 430, 468 Community Foundation of Greater Dubuque.................................................................... 163, 215, 238, 243, 301 Community Oriented Policing (COP)..................................................................................................................238 CommunityResponse Model.............................................................................................................................315 Compass Minerals America, Inc.........................................................................................................................387 Comprehensive Financial Report, Annual (ACFR)..............................................................................................288 Connely, Jim, Director of Marketing, McCoy Group, Inc........................................................................................6 Connors, Joyce, former Council Woman.................................................................................................... 356,384 Consolidated Annual Performance and Evaluation Report (CAPER)............................................................75, 358 Consolidated Rail Infrastructure and Safety Improvements (CRISI) Program grant..........................................460 Page 1302 of 2498 Book 153 INDEX 487 Contracted Services Agreements....................................................................................13, 31, 243, 256, 279, 414 Convivium Urban Farmstead..................................................................................................................... 174,185 Cook, H.R. Iowa Honey Producers Association and Swiss Valley Bee Club..........................................................74 CopperKettle Inc. The.......................................................................................................................................360 Corfman, Martha...............................................................................................................................................283 Corfman, Marty.................................................................................................................................................251 Cornerstone Concrete LLC......................................................................................................................... 289,476 Corrected Legal Description....................................................................................................................... 277,290 Cottingham & Butler Insurance Services, Inc.....................................................................................................430 Courtney, Jill, Four Mounds Executive Director.................................................................................................302 COVID-19............................................................................................ 1, 30, 84, 140, 216, 244, 339, 347, 387, 407 Crawford, Merrill...............................................................................................................................................334 Creative Empowerment Subgrant Program............................................................................................... 141,306 Crescent Community Health Center............................................................................................ 13, 215, 272, 414 Critical Incident Team(CIT)................................................................................................................................238 Cross, Kyle..........................................................................................................................................................241 Cross, Tony.........................................................................................................................................................127 Culture Change Consulting Services Contract....................................................................................................476 Curbside Collection System..................................................................................................................... 4, 96, 289 Curbside Food Scrap Pick Up Program...............................................................................................................357 0 DAREProgram...................................................................................................................................................306 Davis, Robert......................................................................................................................................................259 DaykinCassill, Melissa.......................................................................................................................................163 DaysInn & Spirits Bar & Grill.............................................................................................................................186 Deed............................................................3, 40, 399, 426, 431, See Special Warranty Deed and Warranty Deed Deereville Intensive Architectural Survey............................................................................................................50 Denny's Lux Club................................................................................................................................................360 Department of Human Services(DHS)...............................................................................................................238 DepositoryInstitutions......................................................................................................................................320 DerbyGrange LLC................................................................................................................................ 11, 218, 324 Destination Iowa Outdoor Recreation Fund Grant.................................................................................... 193,434 Developer's Roundtable.................................................................................................................... 257, 333, 411 Development Agreements.................................................................................................................................160 210 Jones, LLC............................................................................................................................................... 395 400 Ice Harbor, LLC...............................................................................................................................421, 477 799 Main, LLC............................................................................................................... 266, 283, 418, 446, 465 CARichProperties LLC...................................................................................................................................239 Chadwick Block, LLC.............................................................................................................................. 326,346 Farley& Loetscher, LLC......................................................................................................................... 327,345 HGAPT LLC........................................................................................................................................... 342,365 HodgeCompany...................................................................................................................................421, 477 HotelDubuque L.L.0.....................................................................................................................................144 McCoyGroup, Inc..................................................................................................................... 6, 187, 248, 333 Merge, LLC.................................................................................................................................... 249, 310, 413 NoveltyIron Landlord LLC.............................................................................................................................144 Port of Dubuque LLC..............................................................................................181, 310, 329, 388, 403, 413 Seippel Warehouse, LLC........................................................................................................... 39, 68, 148, 171 SimmonsPet Food, Inc...................................................................................................................................69 Switch Development, LLC................................................................................................................. 14, 41, 143 Switch Homes, LLC........................................................................................................................ 222, 249, 267 TalonDevelopment, LLC...............................................................................................................................139 TheHotel Dubuque LLC....................................................................................................................................4 Union at the Marina, LP................................................................................................ 353, 397, 403, 414, 465 Vanguard Enterprises, Inc.....................................................................................................................419, 447 DiamondJo Casino............................................................................................................................... 77, 220, 247 DiCicco, Jeff, Key City Creative Center President................................................................................................... 7 Page 1303 of 2498 Book 153 INDEX 488 Dickinson, Rick, Greater Dubuque Development Corporation (GDDC) President and CEO.6, 58, 68, 79, 193, 229, 252, 257, 259, 333, 345, 401, 479 DimensionalBrewing Company.........................................................................................................................398 DISPOSING OF CITY INTEREST...........................................................................................................................251 DittmerRecycling, Inc........................................................................................................................................219 Dixon, Alex, Dubuque Racing Association (DRA) President and CEO ................................................. 258, 377, 378 Docking Services Agreement.............................................................................................................................309 DodgeStreet, Plaza 20, 2600...............................................................................................................................89 DollarGeneral Stores................................................................................................................................. 220,310 Downtown Gas and Grocery..............................................................................................................................469 Downtown Rehabilitation Grant Award....................................................................................................304, 321 Downtown Urban Renewal District Housing Incentive......................................................................................334 Doyle, Bill...............................................................................................................................................................7 Dragotto, Kevin, Dubuque County Auditor and Commissioner of Elections.....................................................426 Dresdner, Andrew, Bolton & Menk Consultant...........................................................................................29, 301 DubJones Real Estate, LLC...................................................................................................................................31 Dubuque365ink Magazine................................................................................................................................244 Dubuque Arboretum Association, Inc........................................................................................................420, 448 Dubuque Area Chamber of Commerce's Young Professionals..........................................................................126 Dubuque Area Labor Harvest.................................................................................................................................4 Dubuque Area Labor -Management Council......................................................................................................256 Dubuque Audubon Society................................................................................................................ 251, 289, 394 Dubuque Bank & Trust Company.................................................................................................................49, 321 Dubuque Community Equity Profile..................................................................................................................215 Dubuque Community School District .................... 97, 105, 128, 229, 268, 270, 290, 306, 359, 382, 407, 430, 455 Dubuque Community YMCA/YWCA...................................................................................................................182 Dubuque County Resource Enhancement and Protection Program (REAP)......................................................279 Dubuque Data and Cyber-Security Center.........................................................................................................243 DubuqueDream Center.....................................................................................................................................256 Dubuque Federation of Labor Temple...............................................................................................................178 Dubuque Golf & Country Club................................................................................................................... 219,477 Dubuque Greenhouse Gas (GHG).......................................................172, 173, 174, 175, 176, 184, 407, 409, 410 Dubuque Housing Group (Developer)...............................................................................................................131 Dubuque Ice Arena.............................................................................116, 135, 159, 164, 273, 284, 333, 334, 398 Dubuque Industrial Center 25, 26, 39, 40, 56, 57, 58, 59, 64, 66, 68, 69, 70, 77, 88, 96, 97, 98, 99, 100, 102, 105, 290, 323, 373, 443 Dubuque Industrial Center Economic Development District, Version 2022.3 ...................................................277 Dubuque Industrial Center Economic Development District, Version 2023.3 ...................................................229 DubuqueInitiatives................................................................................................................................ 77, 96, 471 Dubuque International Day of Peace Coordinating Committee........................................................................337 DubuqueIrish Hooley, Inc..................................................................................................................................280 Dubuque Jaycees........................................................................................................144, 219, 220, 280, 326, 398 DubuqueKiwanis Club.......................................................................................................................................161 DubuqueLodge No. 355......................................................................................................................................76 Dubuque Main Street........................................................................................................ 166, 215, 256, 280, 428 DubuqueMarina, Inc......................................................................................................................................... 433 Dubuque Metropolitan Area Solid Waste Agency.............................................................................................472 Dubuque Metropolitan Area Transportation Study(DMATS)............................................................ 395, 460, 464 DubuqueMining Co.......................................................................................................................................5, 220 Dubuque Museum of Arts (DuMA).............................................................................................. 28, 186, 321, 360 DubuquePacking Site..........................................................................................................................................87 Dubuque Police Department 2022 Crime Statistics...........................................................................................165 Dubuque Racing Association (DRA)............................................................256, 258, 333, 351, 360, 377, 378, 410 Dubuque Regional Bicycle & Pedestrian Plan......................................................................................................80 DubuqueReligious Center...................................................................................................................................38 Dubuque Rescue Mission...................................................................................................................407, 410, 460 DubuqueSolar Program.......................................................................................................................................29 DubuqueSymphony Orchestra..........................................................................................................................411 DubuqueTechnology Park.................................................................................................................................394 Page 1304 of 2498 Book 153 INDEX 489 Dubuque Tobacco and Grocery.........................................................................................................................220 Dubuque Trees Forever..................................................................................................... 163, 256, 301, 385, 428 DubuqueWine & Spirits................................................................................................................................5, 247 Dubuque Winter Farmers' Market.....................................................................................................................256 DubuquelandDoor Company............................................................................................................................ 309 Duehr, Michael, Dubuque Fraternal Order of Eagles...........................................................................................10 DungeonLTD.......................................................................................................................................................76 Dupaco Community Credit Union........................................................................................................49, 320, 321 Durham, Debi, Iowa Finance Authority Director................................................................................................215 DuRide...............................................................................................................................................................279 Dusty's Doghouse Lounge..................................................................................................................................398 DuTrac Community Credit Union................................................................................................. 49, 320, 321, 365 E E.J.'s Whine Shop...............................................................................................................................................435 Eagle Construction, Inc. (Contractor)................................................................................................. 139, 145, 148 EagleCountry Market........................................................................................................................................220 Eagle Valley Park Development........................................................................................................... 79, 347, 416 EaglesClub...........................................................................................................................................................13 Easements..........................................................................................................................See Grant of Easements East Central Intergovernmental Association(ECIA)............................................................. 84, 117, 179, 428, 460 EasternIowa Excavating....................................................................................................................................289 Eby,John ............................................................................................................................................................385 Economic Development Administration (EDA).......................................................................................... 316,396 EcumenicalTowers....................................................................................................................................335, 382 Ede, Joseph........................................................................................................................................................276 Egelhof, Siegert & Casper Funeral Home...........................................................................................................280 Ehrlich, Kevin.....................................................................................................................................................180 Eighth Street Paver Reconstruction.....................................................................................................................13 ElPaisano.............................................................................................................................................................38 EL1Dubuque......................................................................................................................................................435 Electric Fuel Excise Tax and Charging Fee..........................................................................................................386 Electric Transmission System.............................................................................................................................474 Electric Vehicle (EV)................................................................................................................... 166, 190, 252, 386 Ellerbach, Scott, Junior Achievement of the Heartland.....................................................................................126 Ellert-Beck, Sarah.......................................................................................................................................251, 283 Elley, Joanne......................................................................................................................................................284 Elsinger, Megan, Lincoln Elementary Principal..................................................................................................356 Emergency Communications (911 ) Center Agreement.....................................................................................482 Emerson, Steve, Owner of 3000 Jackson Street, H&W Building........................................................................470 EmployeeSPIRIT Awards...................................................................................................................................180 Employment Contracts CityAttorney................................................................................................................................................ 321 CityClerk............................................................................................................................................... 265,321 Employment Recruitment Brochure....................................................................................................................80 Emri Urban Renewal District..............................................................................................................400, 446, 455 Engineering & Construction Innovations, Inc.....................................................................................................133 English Ridge Park Development......................................................................................................... 79, 347, 416 Equity and Human Rights Commission Membership..................................................................................................137, 149, 170, 189, 313, 345, 361 Minutes..........................................................................................................................................................48 Request for Commissioner Removal............................................................................................................281 Erba, Nino..........................................................................................................................................................345 Erickson, Amanda, HDR Engineering Inc. Solid Waste Planner/Coordinator.....................................................472 Ernst, Tami, Iowa Senator..................................................................................................................................334 Ertl, Tim..............................................................................................................................................................157 Estate, Esther J.Thome.......................................................................................................................................454 Ethier, Eric, Key City Creative Center Board of Directors member........................................................................6 Page 1305 of 2498 Book 153 INDEX 490 Eudaley-Loebach, Candace, The People Associated with Lincoln School (PALS) ............................................... 356 Europa Haus Restaurant & Bierstube................................................................................................................398 Extension of Fiber Optic Cable Facilities Agreement.........................................................................................311 ExtraMile America.............................................................................................................................................393 EZStop Stores............................................................................................................................................ 220,246 F F.H. Black & Company Incorporated Consulting................................................................................................309 Family Dollar Stores........................................................................................................................... 220, 310, 398 FarewayStores............................................................................................................................................ 38,220 Farley& Loetscher, LLC.............................................................................................................................. 327,345 FasMart..................................................................................................................................................... 220,279 FastFreddy's......................................................................................................................................................398 FatTuesday's..................................................................................................................................................... 360 Fatality Analysis Reporting System(FARS).........................................................................................................240 Federaland State Grant Updates..........................................................................................................................9 Federal Bureau of Investigation (FBI) National Academy..................................................................................385 Federal Legislative Priorities........................................................................................................................31, 474 Federal Transit Administration (FTA) 5339 Bus and Bus Facilities Low or No Emission Grant ...........................274 FeesIncreased...................................................................................................................................................132 Fiber Optic Cable Facilities Agreement..............................................................................................................325 FidelityBank & Trust....................................................................................................................................49, 321 Fieldof Dreams..................................................................................................................................................355 Fiesta Cancun Authentic Mexican Restaurant...................................................................................................360 Fireworks Permit............................................................................................................... See Pyrotechnics Permit First(15Y) & Main...............................................................................................................................................247 FischerLanes......................................................................................................................................................247 Fitzgerald, Sarah, Riverview Center...................................................................................................................126 Five Flags Civic Center................................................................................................................ 186, 246, 306, 382 Flanagan, Robert J. and Tina M.......................................................................................................... 222, 245, 251 Fleet Electrification Guidance & Cost of Carbon....................................................................................................2 Flexsteel Industries Brownfield Site Conceptual Revisioning Plan.....................................................................179 Flexsteel Industries Site......................................................................................................... See Jackson St., 3400 Flood Control System Repairs Agreement.........................................................................................................394 FloodControl Update........................................................................................................................................163 FloraPool................................................................................................................................................... 5, 50, 86 Flores, Gerardo.................................................................................................................................................... 30 Food Scrap Composting Program......................................................................................................................332 FoodieGarage Eatery...........................................................................................................................................76 Former Pyatigorsk Park to Jaycee Park..............................................................................................................172 Forward Investments Group LLC........................................................................................................................321 Forward Investments Group, LLC.......................................................................................................................321 Fountainof Youth Program...............................................................................................................................256 Four Hundred (400) Ice Harbor, LLC..........................................................................................................421, 477 FourMound HEART programs...........................................................................................................................216 Four Mounds Foundation.....................................................................54, 175, 181, 185, 256, 272, 300, 302, 417 Four Mounds Inn & Conference Center...............................................................................................................13 Four Oak Family and Children's Services...........................................................................................................272 FoxDen Motel...................................................................................................................................................247 Fox Hills Apartments, LLC................................................................................................................... 139, 145, 148 Fox, Dan, East Central Intergovernmental Association (ECIA).............................................................................84 Fox, Kelly.......................................................................................................................................................... 6,41 Franchise Agreements..................................................................................................37, 243, 387, 420, 448, 474 Francois, Shelly..................................................................................................................................................473 Frannie's BBQ, LLC.............................................................................................................................................144 Freund, John......................................................................................................................................................445 Friends of the Mines of Spain Advisory Board.......................................................................................................7 Frommelt„ Julie, Welu Printing Inc. Owner.......................................................................................................347 Page 1306 of 2498 Book 153 INDEX 491 FuelExpress Food Mart............................................................................................................................. 266,435 FundTransfers...................................................................................................................................................242 Funding Agreement........................................................................................................... 278, 305, 340, 433, 434 10 Gansen, James B. and Mary L............................................................................................ 217, 222, 245, 246, 251 Gantz, James.............................................................................................................................................. 139,249 Garfield, 812......................................................................................................................................................143 GaryDolphin's Iron Bar......................................................................................................................................477 Gaul, Peter.......................................................................................................................................................6, 41 Gavin, Jesse............................................................................................................................................................ 6 GeislerFamily Realty Company..................................................................................................................... 77,96 Giesler, Mary.....................................................................................................................................................423 GilligElectric Bus................................................................................................................................................476 Gino's East of Dubuque.....................................................................................................................................144 Global Spectrum, L.P. d/b/a OVG360..................................................................................................................97 GoldStandard Athletics.................................................................................................................................5, 134 Gopal, Ranjit, Parsons Transportation Group, Inc.............................................................................................428 Governor's Arts Award 2023................................................................................................................................ 74 Grand Harbor Resort & Water Park...................................................................................................................435 Grand Opera House, The................................................................................................................... 220, 301, 472 Grand River Center................................................................................. 28, 97, 116, 134, 219, 335, 336, 360, 428 GrandTap The...................................................................................................................................................360 Grant Agreements ......11, 31, 49, 50, 174, 175, 176, 182, 185, 304, 305, 321, 388, 391, 398, 404, 408, 409, 410, 425, 432, 433 Grant Funding..................................................................... 184, 272, 278, 309, 316, 324, 349, 396, 430, 433, 460 Grant of Easement Access......................................................................................................... 146, 217, 252, 306 Grant of Easements 1064 University.............................................................................................................................................322 Bahl, Barbara J. and Terrence L........................................................................................................................3 ChadEllis Properties LLC...............................................................................................................................396 Flanagan, Robert J. and Tina M............................................................................................................ 222,251 Gansen, James B. and Mary L.......................................................................................................................222 Gansen, James B. and Robert J.....................................................................................................................251 Hills & Dales Childhood Development Center property .................................................................................33 Jon D. Luckstead, Tamarack Business Park...................................................................................................415 Luckstead, Jon D...........................................................................................................................................416 McCoyGroups, Inc........................................................................................................................................391 QueenStreet, 2405......................................................................................................................................183 SanitarySewer Vacating.................................................................................................................................77 G ra nts Assistance to Firefighters Grant.....................................................................................................................76 SolidWaste Recycling Grant...........................................................................................................................85 Grants and Strategic Partnership.......................................................................................................................165 GrasslandPreserve............................................................................................................................................289 Grassley, Chuck, Iowa Senator...........................................................................................................................334 Grassley, Lee, Mediacom Communications Corporation Senior Manager of Government Relations .................76 GraymontWestern Lime....................................................................................................................................309 GreatVape, The.................................................................................................................................................221 Greater Dubuque Development Corporation (GDDC)......................................28, 31, 79, 229, 256, 257, 333, 479 GreenAlley Retaining Wall..........................................................................................................................13, 341 GreenState Credit Union.............................................................................................................................49, 321 GreenhouseGas Inventory................................................................................................................................302 GronenDevelopment........................................................................................................................................160 GronenRestoration, Inc.....................................................................................................................................184 Grover, Molly, Dubuque Area Chamber of Commerce President and CEO.......................................................390 Grutzmacher, Steven..................................................................................................................................... 48,74 Page 1307 of 2498 Book 153 INDEX 492 H H & W Building, 3000 Jackson Street................................................................................................. 454, 470, 479 Hackbarth, Denise..............................................................................................................................................276 Haggett, Eric, Walker Consultants, Parking and Mobility Consultant .......................................................... 28,352 Hall, Annette......................................................................................................................................................464 Hallstoos, Brian, Nathaniel Morgan Memorial Committee(NMMC).................................................................337 Hammerheads Bar & Billiards........................................................................................................................5, 220 Handke, Abigail..................................................................................................................................................429 HappyJoe's Old Fashioned Ice Cream & Pizza...................................................................................................398 Happy's Place.....................................................................................................................................................435 Hardorff, Richard and Julie..................................................................................................................................30 Harris, Susan......................................................................................................................................................127 HartigDrug Stores............................................................................................................................ 5, 55, 220, 310 Hattel, Sue, Dubuque CROP Hunger Walk Committee Member........................................................................356 Hauber, James................................................................................................................................... 127, 393, 412 HAVlife Tri-State Martini Shake Off.....................................................................................................................77 Hawkins, David..........................................................................................................................................241, 259 Hawthorne Street, 1860, formerly the Bowling and Beyond Site ...................................................... 397, 400, 423 Hayes, Nicolas......................................................................................................................................................84 Hays, Derek, The Annex Group..........................................................................................................................400 Hazardous Materials Command Vehicle..............................................................................................................31 HDR Engineering Inc.......................................................................................................................... 164, 165, 472 Heiken, Diane, Mental Health America of Dubuque County.............................................................................163 Heister, Angela, Domestic Violence Victim Advocates, Waypoint.....................................................................393 Herrig, Lawrence................................................................................................................................................276 HGAPT LLC................................................................................................................................................. 342,365 Higgins, John...................................................................................................................................................... 215 Hills& Dales.......................................................................................................................................................481 Childhood Development Center................................................................................................... 32, 33, 55, 78 SeniorCenter................................................................................................................................................ 306 Hilton Garden Inn & Q Casino & Houlihan's........................................................................................................77 Hinga, Allie, THMedia Managing Editor.............................................................................................................385 Hinson, Ashley, Iowa Congresswoman..............................................................................................................335 Historic and Architectural Surveys.....................................................................................................................307 Historic Millwork District Master Plan....................................................................................... 8, 28, 29, 257, 301 Historic Preservation Commission AnnualWorkplan............................................................................................................................................49 Membership......................................................................................................................... 225, 248, 282, 313 Minutes.....................................................................................................10, 48, 127, 163, 241, 259, 303, 356 Hitzler, Tim.............................................................................................................................................................7 HodgeCompany........................................................................................................................................421, 477 Hodge, Michael..................................................................................................................................................463 Hoffman, Julie....................................................................................................................................................356 HolidayInn, Five Flags........................................................................................................................................435 Hollenback, Colin.................................................................................................................................................74 HOME Tenant -Based Rental Assistance (TBRA) Program..................................................................................238 HometownBank..........................................................................................................................................49, 321 Hopp, Wendy.....................................................................................................................................................345 HorizonDevelopment........................................................................................................................................160 HotelDubuque LLC................................................................................................................................ 4,144,145 HotelJulien Dubuque........................................................................................................................................435 HouseFile 718...................................................................................................................................................185 HouseOf China Co.............................................................................................................................................247 Housing and Urban Development (HUD) ........... See U.S. Department of Housing and Urban Development (HUD) Housing Appeals and Mediation Board Minutes........................................................................................................................................................259 Housing Assistance — Damage Protection Program........................................................................................... 216 Housing Choice Vouchers (HCV)........................................................................................................................470 Page 1308 of 2498 Book 153 INDEX 493 Housing Commission Membership.....................................................................................................................................6,282,313 Minutes...................................................................................................................................... 40, 41, 46, 163 Recommendation.........................................................................................................................................470 Housing Incentive Acquisition Grants................................................................................................................329 Hoyne, Lindsey.....................................................................................................................................................30 HuhotMongolian Grill.......................................................................................................................................398 HWY 151 & 61 Development LLC.........................................................................................................................87 Hy-Vee Stores.............................................................................................................5, 13, 38, 220, 310, 325, 477 IceHarbor Drive, 480.........................................................................................................................................181 Ichiban Hibachi Steakhouse and Sushi Bar........................................................................................................144 IEDAContract.....................................................................................................................................................413 Igo, Mike, Klauer Manufacturing.......................................................................................................................470 ImageSFX...........................................................................................................................................................318 Immigration Community Assessment................................................................................................................302 ImOn Communications LLC...............................................................................................14, 18, 87, 178, 333, 394 ImOnIce Arena.......................................................................................................................................... 387,432 Inclusive Dubuque..................................................................................................................... 243, 257, 301, 302 Indian Association of Dubuque's Diwali Festival of Lights.................................................................................428 Industrial Pretreatment Coordinator Position.....................................................................................................13 Intentto Dispose....................................................................................................................................... 351,399 International City/County Management Association (ICMA).........................................9, 180, 214, 240, 257, 410 Credentialed Manager designation..............................................................................................................410 International Institute of Municipal Clerks'(IIMC).................................................................................................5 International Rural Churches Association conference.......................................................................................161 Interstate Power and Light Company (IPL)........................................................................................................183 Investment Oversight Advisory Commission Membership.........................................................................................................................................400, 423 Investment Policy Certificate of Excellence Award............................................................................................288 IowaAmphitheater....................................................................................................................................184, 434 IowaBased Milling.............................................................................................................................................309 Iowa Civil Rights Commission(ICRC)..................................................................................................................339 Iowa Clean Air Attainment Program (ICAAP) grant............................................................................................395 Iowa Commission on Volunteer Service............................................................................................................357 Iowa Department of Natural Resources(DNR).................................................................. 217, 308, 338, 357, 432 Iowa Department of Transportation (IDOT) ...9, 141, 142, 169, 224, 228, 240, 268, 324, 327, 328, 346, 391, 395, 396, 431, 433, 434, 456 Consolidated Funding Application................................................................................................................227 FindingAgreement.......................................................................................................................................278 Iowa Economic Development Authority (IEDA)......................................................................................... 304,333 Community Catalyst Building Remediation Grant Program.........................................................................132 Iowa Finance Authority (IFA)..................................................................................................... 158, 160, 238, 332 Iowa Grocer's Association..................................................................................................................................338 Iowa Honey Producers Association......................................................................................................................74 Iowa Initiative for Sustainable Communities(IISC)....................................................................................215, 260 IowaLeague of Cities......................................................................................................................................... 391 Iowa Park and Recreation Association Claude Ahrens Community Service Award ...........................................140 Iowa Public Agency Investment Trust........................................................................................................ 320,321 IowaSenate File 479............................................................................................................................................85 IowaSpecial Olympics...........................................................................................................................................9 Iowa Statewide Transportation Innovation Council Incentive Program(STIC)..................................................278 Iowa Statewide Urban Design and Specifications (SUDAS) Program.........................................................262, 427 Iowa Storm Water Educational Partnership 2023 Water Warrior of the Year Recognition...............................429 IowaStreet, 1363...............................................................................................................................................357 Iowa Thriving Communities............................................................................................................... 305, 332, 349 Iowa Urban Renewal Annual Report..................................................................................................................462 Page 1309 of 2498 Book 153 INDEX 494 Iowa Urban Tree Council, Outstanding Civic Leader Award..............................................................................163 Irish, Linda..........................................................................................................................................................393 ISAAC Hanna 2"d Addition..................................................................................................................................434 Isenhart, Chuck, Iowa State Representative......................................................................................................429 ITC Midwest, LLC.......................................................................................................................... 37, 243, 387, 474 Izaguirre, Jaime..................................................................................................................................................345 JP Gasway Co Inc............................................................................................................................................... 393 J&M Displays, Inc...............................................................................................................................................338 J&R Supply, Inc...................................................................................................................................................309 JacksPlace........................................................................................................................................................... 38 Jackson Park Restrooms and Amenities...............................................................................................................79 Jackson Street, 3000, H&W Building.................................................................................................. 454, 470, 479 Jackson Street, 3400 (former Flexsteel Industries Site).............................................................................179, 181 Jacobs, Danielle................................................................................................................................ 6, 41, 282, 313 JadeEngineering LLC..............................................................................................................................................3 Janes, Ross.......................................................................................................................................................6, 41 Jansen, Mike, Strand Associates........................................................................................................................258 JC's Bar and Grill................................................................................................................................................186 JobFair...................................................................................................................................................................4 Johnson, Hayle...........................................................................................................................................412, 429 JoshKruger........................................................................................................................................................148 JQAcres..................................................................................................................................................... 246,251 Jubeck New World Brewing LLC................................................................................................................. 247,280 Jule Bus Services, The........................................................................................................ 169, 227, 229, 316, 476 Jule Operations and Training Center.................................................................................................................161 Julien Dubuque International Film Festival........................................................................................................178 JumpersSports Bar & Grill.................................................................................................................................398 Juneteenth......................................................................................................................................................... 257 Justice Assistance Grant (JAG).............................................................................................................................11 K Kafer, Adam, SIMS Properties, LLC....................................................................................................................332 Kansas City Southern Railroad............................................................................. 86, See Canadian Pacific Railway Kansky, Stacy, Dubuque Racing Association (DRA) Chief Commercial Officer...................................................258 Kelchen, Emma, Clarke University basketball team member............................................................................126 KellerNorth America, Inc.......................................................................................................................................3 KenKringle Awards............................................................................................................................................172 KennedyMall, Inc......................................................................................................................................462, 474 Kerper, Kalee.......................................................................................................................................................81 Ketchum, Clayton and Nicole............................................................................................................. 320, 385, 393 KidsExpo............................................................................................................................................................392 Kirk, Joe, Prairie Farms......................................................................................................................................470 Kiss, Ken..................................................................................................................................... 251, 283, 289, 394 Kline, McKenzie..................................................................................................................................................320 Kline. Matthew..................................................................................................................................................303 Knabel, Laura.......................................................................................................................................................30 KnickersSaloon..................................................................................................................................................398 Konnexion, The.................................................................................................................................................. 221 Koppes, Mary.....................................................................................................................................................241 Kramer, Tom, Dubuque Trees Forever..............................................................................................................140 Kruger, Josh...............................................................................................................................................148, 251 Kwiencinski, Scott, Horizon Development Group..............................................................................................158 KwikStar Stores.........................................................................................................................................186, 220 Kwik Stop Stores...................................................................................................38, 220, 246, 310, 325, 398, 477 Kwik Trip, Inc................................................................................................................................ 87, 261, 415, 480 Page 1310 of 2498 Book 153 INDEX 495 L L. May Eatery.....................................................................................................................................................144 Laird, Mark.....................................................................................................................................................10, 30 Lampe, Juan............................................................................................................................................... 259,276 LandlordIncentives............................................................................................................................................216 LandmarkTurf Services, LLC..............................................................................................................................309 Lange, Michael...............................................................................................................................................48, 74 Laufenberg and Larsen Properties LLC...............................................................................................................412 Lead Service Line Replacement Program................................................................................................... 382,476 Leagueof Women Voters..................................................................................................................................411 LeaseAgreement....................................................................................................................... 351, 378, 420, 448 LeGrand, Mary...........................................................................................................................................429, 461 Lehman, Jeff................................................................................................................................................... 84,85 Leisure Services Temporary Employee Recruitment & Hiring Update...............................................................160 Leonard, Patrick, Ancient Order of Hibernians Dubuque Division #2..................................................................74 Leslein, Dale.......................................................................................................................................................332 Letter of Support..........................................................................................................50, 131, 132, 160, 321, 357 LibertyRecovery Center....................................................................................................................................257 Library Board of Trustees Minutes.............................................................................................10, 48, 127, 163, 180, 241, 303, 412, 429 Lift, The.............................................................................................................................................................. 247 Lina's Lounge.....................................................................................................................................................398 Lina'sThai Bistro..................................................................................................................................................38 Lincoln Avenue, 612......................................................................................................................... 55, 74, 88, 138 LincolnOutdoor Wellness..................................................................................................................................383 LincolnWellness Project....................................................................................................................................128 LinksGlen Place.................................................................................................................................................475 LiquorTobacco & Gas........................................................................................................................................221 LiquorTobacco & Grocery......................................................................................................................... 221,279 Local Arts Agency (LAA)....................................................................................................................... 45, 178, 338 LocalHousing Trust Fund 2024..........................................................................................................................359 Lockwood, John............................................................................................................................................. 48,74 LoGuidice, Tom..................................................................................................................................................137 Long Range Planning Advisory Commission Membership..........................................................................................................171, 190, 225, 248, 282, 313 Minutes.......................................................................................................................................... 30, 180, 259 Lopez Ortiz, Clara, Community Foundation of Greater Dubuque Equity Officer...............................................301 Lopez, Yara Isabel, Dubuque Unidos Organization......................................................................................81, 356 LorasCollege................................................................................................................................ 55, 334, 359, 398 Los Aztecas Mexican Restaurants..............................................................................................................186, 325 LotOne, LLC.........................................................................................................................................................77 Luckstead, Jon D................................................................................................................................................415 Lucy, Eric............................................................................................................................................................249 LyleSumek Associates, Inc......................................................................................................................... 335,336 Lynch, Matthew.................................................................................................................................................259 Lyons, Alexis....................................................................................................................................................... 241 Lyons, David, Greater Dubuque Development Corporation (GDDC).................................................................411 Madison Park Playground Replacement..............................................................................................................79 Magoo's Pizza....................................................................................................................................................477 MainStreet, 90.......................................................................................................................................... 216,358 MARHoldings.......................................................................................................................................... 51, 77, 96 Marco's Italian American Foods........................................................................................................................144 MartinLuther King Jr.(MLK)................................................................................................................................28 Martin, Jessica...................................................................................................................................................356 MarvinGardens.................................................................................................................................................181 Page 1311 of 2498 Book 153 INDEX 496 MasonDixon Saloon..........................................................................................................................................186 Master Co -location and Shared Services Agreement.................................................................. 87, 165, 178, 394 MaternityGroup Homes....................................................................................................................................445 Maus Park Lake Pumping Station Culvert Repair...............................................................................................416 McAleeceConcession..........................................................................................................................................86 McAleece Park and Recreation Complex...........................................................................................................134 MCCIowa LLC.................................................................................................................................................... 311 McCarville, Nora, Kiwanis Club of Dubuqued......................................................................................................30 McClureEngineering..........................................................................................................................................470 McCoy Group, Inc...................................................................................................6, 187, 193, 229, 248, 333, 391 McDonald, Dan, Greater Dubuque Development Corporation (GDDC) Director of Existing Business...............447 McEnany, Ruth...................................................................................................................................................127 McGorry, Beth, St. Mark Youth Enrichment........................................................................................ 48, 241, 393 McKenzie, Sarah, Riverview Center...................................................................................................................126 MDE, LLC DBA McDermott Excavating, (Contractor)........................................11, 13, 50, 245, 307, 309, 341, 464 Mediacom Iowa LLC............................................................................................................................. 76, 311, 325 MedlineIndustries, Inc......................................................................................................................................413 Memorandumof Agreement............................................................................................................. 331, 362, 364 Memorandumof Lease......................................................................................................................................431 Memorandum of Understanding(MOU)...................................................................................................183, 260 MenardInc.....................................................................................................................................................76, 86 Mental Health America of Dubuque County......................................................................................................163 Mentz, Kelsey.....................................................................................................................................................356 Mercy One Medical Center................................................................................................................ 393, 412, 460 Merge, LLC..................................................................................................249, 310, 311, 329, 388, 404, 413, 414 Merkes, Katie, Good Life Integrative Veterinary Care.......................................................................................366 MexicoCity........................................................................................................................................................ 392 Meyer, Lori.........................................................................................................................................................393 Meyer, Ry...................................................................................................................................................167, 190 Midwest Concrete Inc. (Contractor)...........................................................133, 183, 245, 261, 308, 391, 407, 416 MidwestVapors......................................................................................................................................... 221,310 MidWestOne Bank............................................................................................................... 49, 321, 351, 377, 378 MillworkMarketplace........................................................................................................................................360 MillworkNight Market.......................................................................................................................................301 Mini Bar, The Christmas on the Square.............................................................................................................436 MiracleLeague Drive.........................................................................................................................................217 MiracleLeague of Dubuque...............................................................................................................................334 Mississippi River Cities and Towns Initiative(MRCTI)........................................................................................481 Mochal, Stormy..................................................................................................................................................283 MonarchVillage.................................................................................................................................................321 Moody's............................................................................................................................................................. 332 MoondogMusic......................................................................................................................................... 221,310 Moore, Ashley......................................................................................................................................................10 Moracco, The.....................................................................................................................................................477 Morrison, Tracy, Catholic Charities Executive Director......................................................................................382 Moss, Ernestine, Nathaniel Morgan Memorial Committee (NMMC)................................................................337 Mowery, Victor....................................................................................................................................................74 Mozena, Gabriel............................................................................................................................................... 6,41 MREDIA, LLC......................................................................................................................................................413 MSA Professional Services, Inc..........................................................................................................................476 Mt. Pleasant Home.................................................................................................................................... 383,394 Mulligan, Matt, (Developer) President of Conlan Construction........................................................................345 Multicultural Family Center(MFC)..................................................................................... 161, 180, 257, 272, 460 Municipal Separate Storm Sewer System (MS4)...............................................................................................217 Murphy Park Playground Replacement...............................................................................................................79 Murphy, Barry and Mary, National Kidney Foundation....................................................................................... 74 MystiqueIce Arena.............................................................................................................................. 2, 3, 32, 164 Page 1312 of 2498 Book 153 INDEX 497 N NAACP, Dubuque Branch.....................................................................................................................48, 137, 428 Nam, Matthew, Aimsun Inc. President..............................................................................................................428 NationalElectrical Code.....................................................................................................................................193 National Endowment for the Arts(NEA)..............................................................................................45, 178,338 American Rescue Plan Act....................................................................................................................141, 306 National League of Cities................................................................................................31, 80, 141, 317, 394, 460 National Mississippi River Museum & Aquarium.......................................................................................325, 357 National Pollution Discharge Elimination System(NPDES)................................................................................217 National Register of Historic Places...................................................................................................................181 NationalStreet...................................................................................................................................................328 Nelson, Erica......................................................................................................................................................393 Nelson-Rudie & Associates, Inc.................................................................................................................. 387,432 Neugel, Olivia.......................................................................................................................................................81 Neuhaus, Elizabeth............................................................................................................................................473 NewtMarine Service.................................................................................................................................347, 360 NextPhase Bar...................................................................................................................................................436 Nia Neighborhoods Opportunity Zone Fund, LLC...................................................................... 132, 304, 388, 404 Nicholson, Tonia..................................................................................................................................................74 NoMow May Dubuque......................................................................................................................................140 Noel, Dennis, District 20 Supply Co............................................................................................................429, 461 Noonan's Tap.......................................................................................................................................................13 NordstromInc............................................................................................................................................431, 462 North American Hazardous Materials Management Association (NAHMMA)....................................................75 Nova Elite Youth Basketball.......................................................................................................................175, 185 NoveltyIron Landlord, LLC.............................................................................................................................4, 144 NuncPro Tunc....................................................................................................................................................277 Cs] Oberbroeckling, Kevin, CK Construction..............................................................................................................92 Officer Involved Shooting Procedures...............................................................................................................472 Offset Construction, LLC (Contractor)........................................................................................ 193, 218, 219, 307 Oglesby, Diane, Michael W. Oglesby Foundation..............................................................................................412 Okigbo, Kenny, RDG Planning & Design...............................................................................................................28 OldChicago Pizza And Taproom..........................................................................................................................77 Old Highway Road Water Main Connection Loop......................................................184, 228, 256, 309, 315, 476 Older Adult Home Modification Program Grant................................................................................................430 OliveGarden Italian Rest.....................................................................................................................................77 OolongAsia Cuisine...........................................................................................................................................247 Opening Doors' Attitude of Gratitude event.....................................................................................................460 Ordinances No. 01-23 Amending City of Dubuque Code of Ordinances Title 9 Motor........................................................8 No. 02-23 Amending City of Dubuque Code of Ordinances Title 16 Unified Development Code, Chapter 11 Land Subdivision, Section 16-11-8 by adding a new Subsection B Extension of Public Improvements; and amending Chapter 13 Site Design Standards, Section 16-13-3 by adding a new Section 16-13-3-1 Extension of Public Improvements and renumbering Sections 16-13-3-2 through 16-13-3-7..................15 No. 03-23 Amending Title 16 Unified Development Code of the City of Dubuque Code of Ordinances by rescinding Ordinance 13-08 and adopting the Amended Dubuque Technology Park Planned Unit Development Ordinance with Planned Industrial Designation and Conceptual Plan...............................18 No. 04-23 Providing that general property taxes levied and collected each year on all property located within the Twin Valley Urban Renewal Area of the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with the Twin Valley Urban Renewal Area Redevelopment Project ............................43 No. 05-23 Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 8 Arts and Cultural Affairs Advisory Commission, Section 2-8-7 Terms..............................................................45 Page 1313 of 2498 Book 153 INDEX 498 No. 06-23 Amending Title 16, Unified Development Code of the City of Dubuque Code of Ordinances, by rescinding Ordinance No. 32-18 which established regulations for a PUD Planned Unit Development District with a PI Planned Industrial Designation and adopting an Amended PUD Ordinance to allow for Childcare Centers, Early Learning Centers, General Office, Data Centers, and Emergency Call Centers within the Zone B of the PUD Planned Development District...................................................................58 No. 07-23 Amending Title 16, The Unified Development Code of the City of Dubuque Code of Ordinances by rescinding Ordinance 51-16 which established regulations for the Plaza 20 PUD Planned Unit Development District with a Planned Commercial Designation and now being amended to allow for modification of the On -Premise Sign Regulations applied to Plaza 20......................................................89 No. 08-23 Amending Title 16 of The Unified Development Code of the City of Dubuque Code of Ordinances by Rescinding Ordinance 10-96 and Ordinance 45-93 and Adopting a PUD Planned Unit Development with a PR Planned Residential District Designation and Conceptual Development Plan for one 16-Unit and one 24-Unit Multi -Family Residential Building with a Detached Garage...........................................92 No. 09-23 Correcting and amending Ordinance No. 28-22A, previously amended, providing that general property taxes levied and collected each year on all property located within the Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Area of the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with the Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Redevelopment Project by removing certain property from Subarea E from the division of revenues...............................................................97 No. 10-23 Correcting and amending Ordinance No. 9-23, previously amended, providing that general property taxes levied and collected each year on all property located within the Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Area of the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with the Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Redevelopment Project by adding Subarea S to the division of revenues.....................................................................................................106 No. 11-23 Establishing City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 1 Water Use and Service, Article C Rates, Section 13-1C-1(A) Fixing Water Rates for Residential, Commercial, Industrial, and all other uses...................................................................................................................118 No. 12-23 Establishing the City of Dubuque Code of Ordinances Title 13 Public Utilities Chapter 1 Water Use and Service, Article C Rates Section 13-1C-2 Fixing Water Rates for Fire Sprinkler Service....................118 No. 13-23 City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 2 Sewers and Sewage Disposal, Article C Rates, Section 13-2C-3 Rates Established for Fiscal Year 2024..................................119 No. 14-23 Amending City of Dubuque Code of Ordinances Section 13-4-5 (D) SFU Rate, Charges; Utility Revenues.................................................................................................................................................120 No. 15-23 Amending City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 6 Solid Waste, Section 13-6-3 Container Requirements; Collection Restrictions; and Title 13 Public Utilities, Chapter 6 Solid Waste, Article A City or Private Collection Service, Section 13-6A-6 Rates and Charges Established; Exceptions and Section 13-6A-8 Yard Waste and Food Scraps................................................................120 No. 16-23 Amending Title 16 of the City of Dubuque Code of Ordinances Unified Development Code by rescinding Ordinance No. 2-13 which established regulations for a PUD Planned Unit Development with a PI Planned Industrial Designation and adopting an amended PUD Ordinance that expands the district by incorporating an additional parcel of land.........................................................................................151 No. 17-23 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 1061 Cedar Cross Road from CS Commercial Service and Wholesale District to C-3 General Commercial District.......................................................157 No. 18-23 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 900 Alta Vista Street from ID Institutional District to OR Office Residential District..............................................................................................................157 No. 19-23 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described parcel of land located along Central Avenue, Loras Boulevard, West 131" Street, and Iowa Street within the City of Dubuque from C-4 Downtown Commercial District to OR Office Residential District........................................................................................................................158 No. 20-23 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Page 1314 of 2498 Book 153 INDEX 499 Building Codes, Article D Electrical Code.................................................................................................193 No. 21-23 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article A Building Code and Regulations........................................................................194 No. 22-23 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article B Residential Code..............................................................................................194 No. 23-23 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article E Fire Code and Regulations...............................................................................194 No. 24-23 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article F Mechanical Code.............................................................................................194 No. 25-23 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article J Property Maintenance Code............................................................................194 No. 26-23 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article K International Existing Building Code................................................................194 No. 27-23 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 BuildingCodes.........................................................................................................................................211 No. 28-23 Amending City of DBQ Code of Ordin. Title 14 Building and Development, Chapt. 1 Building Codes by repealing Article H Plumbing Code and adopting a new Article H Plumbing Code in lieu thereof ..... 211 No. 29-23 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 9 Swimming Pools, Section 14-9-1 Definition............................................................................................212 No. 30-23 An ordinance correcting and amending Ordinance No. 10-23, previously amended, providing that general property taxes levied and collected each year on all property located within the Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Area of the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with the Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Redevelopment Project by adding Subarea T to the division of revenues........................................................................229 No. 30-23-A Correcting and amending Ordinance No. 30-23, previously amended, providing that general property taxes levied and collected each year on all property located within the amended and restated Dubuque Industrial Center Economic Development District Urban Renewal Area of the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with the Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Redevelopment Project by adding Subarea T to the Division of Revenues....................................................................................................290 No. 31-23 Amending City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 7 Vehicles for Hire and Public Transportation, Article B Motorized Vehicles for Hire, Section 4-76-8 Taxicab Business License and Taxicab Driver's Permit............................................................................254 No. 32-23 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described parcel of land located along Westside Drive from County M-2 Heavy Industrial to City CS Commercial Service and Wholesale concurrently with annexation into the City of Dubuque.................................................................................................................................................. 269 No. 33-23 Providing that general property taxes levied and collected each year on all property located within the Switch Homes Housing Urban Renewal Area, in the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with said Switch Homes Housing Urban Renewal Area ....... 270 No. 34-23 Amending Ordinance 33-23 providing that general property taxes levied and collected each year on all property located within the Switch Homes Housing Urban Renewal Area, in the City of DBQ, County of DBQ, State of IA, by and for the benefit of the State of IA, City of DBQ, County of DBQ, DBQ Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with said Switch Homes Housing Urban Renewal Area ...................298 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......................................................................317 No. 36-23 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by Page 1315 of 2498 Book 153 INDEX 500 Reclassifying Hereinafter Described Property Located at 1064 University Avenue From C-2 Neighborhood Commercial Shopping Center District to C-3 General Commercial District with Conditions as Established in the attached Memorandum of Agreement.................................................................331 No. 37-23 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by Reclassifying Hereinafter Described Property Located at 190 North Crescent Ridge from CS Commercial Service and Wholesale District to C-3 General Commercial District.......................................................332 No. 38-23 Amending City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 2 Sewers and Sewage Disposal, Article D Industrial Pretreatment Program, Section 13-2D-10 Fees and Charges ....... 347 No. 39-23 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by Reclassifying Hereinafter Described Property Located at 1749 Churchill Drive From R-1 Single -Family Residential District To R-3c Moderate Density Multiple- Family Residential District with Conditions as Established in the attached Memorandum of Agreement......................................................................362 No. 40-23 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by Reclassifying Hereinafter Described Property Located at 25 Bissell Lane (Pin 1025402007 and 1025402008) from OR Office Residential to C-3 General Commercial District.......................................363 No. 41-23 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by Reclassifying Hereinafter Described Property Along Radford Road Within the City of Dubuque from Planned Unit Development With PC -Planned Commercial Designation to OC Office Commercial ......... 363 No. 42-23 Amending Title 16 of the City of DBQ Code of Ordinances, Unified Development Code, by Reclassifying Hereinafter Described Property Located at 3465 Asbury Rd from PUD Planned Unit Development with Planned Commercial Designation to C-3C General Commercial District with Conditions...............................................................................................................................................364 No. 43-23 Amending Title 16, Unified Development Code of The City of Dubuque Code of Ordinances, by Rescinding Ordinance No. 6-23 Which Established Regulations for a PUD Planned Unit Development District with A PI Planned Industrial Designation and Adopting an Amended PUD Ordinance to Allow an Animal Hospital or Clinic, Kennel, And Pet Daycare or Grooming as Permitted Uses in Zone C of the Dubuque Industrial Center West Planned Unit Development District....................................................366 No. 44-23 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by Amending Articles 16-5-13 C-3 General Commercial, by Adding Drive- Up Automated Bank Teller to the List of Permitted Uses and by Amending Articles 16-5-14 C-4 Downtown Commercial, by Adding Drive - Up Automated Bank Teller to the List of Conditional Uses and by Amending Article 16-8-5-10, by Modifying the Drive -Up Automated Bank Teller Condition and by Amending Chapters 16-15-11-8 (C-3), 16-15-11-9 (C-4), 16-15-11-12 (CR) and 16-15-11-14 (LI,HI, And MHI), to Add Drive -Up Automated Bank TellerSignage Standards.........................................................................................................................376 No. 45-23 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 Recreation to Planned Unit Development with PR -Planned Residential Designation...............................................................................................401 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 Recreation to Planned Unit Development with PR -Planned Residential Designation...............................................................................................423 No. 47-23 Amending Title 16 of the City of Dubuque Code of Ordinances Unified Development Code by rescinding Ordinance 39-18 which provides regulations for the South Pointe PUD Planned Unit Development District with a Planned Residential Designation and now being amended to modify lot coverage and setback requirements for townhouse dwellings...............................................................437 No. 48-23 Amending Title 16 of the City of Dubuque Code of Ordinances Unified Development Code by rescinding Ordinance No. 16-23 which established regulations for a PUD Planned Unit Development with a PI Planned Industrial Designation and adopting an amended PUD Ordinance that increases the allowable area of directional signage......................................................................................................440 No. 49-23 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by amending Article 16-2-3 (Definitions) by adding a definition of Maternity Group Home, and by amending Articles 16-5-2 (R-1), 16-5-3 (R-2), 16-5-4 (R-2A), 16-5-5 (R- 3), 16-5-6 (R-4), 16-5-7 (OR), 16-5-10 (C-1), 16-5-11 (C-2), 16-5-12 (C-2A), 16-5-13 (C-3), 16-5-14 (C-4), 16-5-15 (C-5), 16-5-16 (CS), And 16-5-17 (CR) by adding Maternity Group Home as a permitted use............................................................................445 No. 50-23 Granting to Soo Green HVDC Link ProjectCo, LLC, its successors and assigns, the right and franchise pursuant to Iowa Code Section 364. 2( 4) to construct, reconstruct, relocate, repair, replace, maintain and operate in the City of DBQ, DBQ County, IA, a transmission system for the transmission of electric energy and communication facilities and the right to construct, reconstruct, relocate, repair, Page 1316 of 2498 Book 153 INDEX 501 replace, maintain, operate, the necessary conduits and other appliances or equipment for the transmission of electric current and communication facilities under certain streets, avenues, alleys and public places and in a certain railroad right of way in the City of DBQ, DBQ County, IA within the city as the boundaries are now and may hereafter exist, for the period of twenty- five ( 25) years franchise or ordinance................................................................................................................................................448 No. 51-23 Providing that general property taxes levied and collected each year on all property located within the Emri Economic Development District of the City of DBQ, County of DBQ, State of IA., by and for the benefit of the State of IA, City of DBQ, County of DBQ, DBQ Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with the Emri Economic Development District Redevelopment Project..............................455 No. 52-23 Amending Title 9 Motor Vehicles and Traffic, Chapter 7 Operation, Division 5 Speed Restrictions by enacting a new Section 9-7-321.286 Automated Speed Enforcement regarding automated speed enforcement and the process for challenging an automated speed citation..........................................456 No. 53-23 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 110 E. 30th Street, 114 E. 30th Street, and 2987 Jackson Street from R-2A Alternate Two -Family Residential District and C-1 Neighborhood Commercial District to C-2 Neighborhood Shopping Center District..........................................................................469 No. 54-23 Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 5 Housing Agency and Community Development Commissions, Article B Housing Commission, Sections 2- 513-5 Membership and 2-5B-13 Powers...................................................................................................470 No. 55-23 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 16 Miscellaneous City Provisions, Division 2 Trucks and/or Machinery, Section 9-16-321.901 Motor Truck Routes.....................................................................................................................................................479 No. 56-23 Amending City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 7 Vehicles for Hire and Public Transportation, Article B Motorized Vehicles For Hire, Section 4-76-8 Taxicab Business License and Taxicab Driver's Permit............................................................................480 OriginDesign Co........................................................................................................................................184, 476 Ostrom Painting & Sandblasting, Inc.........................................................................................................217, 263 Otting, Kelly......................................................................................................................................................... 30 Outstanding Civic Leader Award........................................................................................................................163 Outstanding Organization Award......................................................................................................................385 P Panchero's Mexican Grill....................................................................................................................... 38, 76, 134 Pape, Jordan, Tucker Freight Lines Chief Sustainability Officer.................................................................470, 479 Park and Recreation Advisory Commission Membership......................................................................................................................... 137, 150, 225, 248 Minutes........................................................................................................................................................141 Recommendation.................................................................................................................................172, 347 Park and Recreation Facility Naming Policy.......................................................................................................347 ParoFood Mart..........................................................................................................................................144, 221 Partnership for a Better Dubuque .............................................. 173, 174, 175, 176, 177, 184, 336, 408, 409, 410 Paul's Tavern......................................................................................................................................................247 People's National Bank......................................................................................................................................320 PepperSprout, Inc.............................................................................................................................................436 PeppercornFood Company...............................................................................................................................326 Perry, Jessica (Indigo)..........................................................................................................................................81 PetersonBrant, Jenny........................................................................................................................................407 Peterson, Ryan, RDG Planning & Design Landscape Architect...................................................................258, 384 Pete's Thai Kitchen, LLC..................................................................................................................................... 325 Pfeiffer, Alex......................................................................................................................................................127 Phillips66/Arby's....................................................................................................................................... 221,360 PhoenixTheatres.................................................................................................................................................13 Pine Block Cabin.......................................................................................................................See Marvin Gardens Pink Cloud Smoke Shop....................................................................................................................... 87, 247, 341 Pioneer's Rest Stop............................................................................................................................ 186, 221, 247 Plaza Drive, Plaza Court, and North Plaza Loop (all in Lot A).............................................................................146 Page 1317 of 2498 Book 153 INDEX 502 Plummer, Bradley..............................................................................................................................................479 Populationby County..........................................................................................................................................31 Port of Dubuque LLC...........................................................................................181, 310, 329, 388, 403, 404, 413 Port of Dubuque Marina.......................................................................................86, 134, 221, 308, 338, 432, 433 Power Generation Plant site..............................................................................................................................183 Pre -Annexation Bahl, Terrence L. and Barbara........................................................................................................................86 Hall, Annette.................................................................................................................................................463 Hodge, Michael.............................................................................................................................................463 Kluesner, Gary F., and Ann M.......................................................................................................................143 Schumacher, Andrew L. and Samantha L.....................................................................................................417 PremierBank...............................................................................................................................................49, 321 Pride Family Picnic............................................................................................................................. 180, 257, 428 Private and Publicly Owned Distribution System Water Main Pipe Materials...................................................427 Proclamations AmeriCorps Week (March 12 - 18, 2023).......................................................................................................74 Apples for Students Months (June and July 2023).......................................................................................241 Arbor Day (April 28, 2023)............................................................................................................................140 Arts and Humanities Month (October 2023)................................................................................................393 Birthday of Captain Robert L. Martin during Black History Month (February 2023)......................................48 Building Safety Month (May 2023)...............................................................................................................140 Childhood Cancer Awareness Month (September)......................................................................................337 Clarke University Women's Basketball Team 2023 NAIA National Champions............................................126 Community Action Month (May 2023).........................................................................................................163 Community Development Week (April 10-14, 2023)...................................................................................126 Crop Hunger Walk Day In Dubuque (October 7)..........................................................................................356 Days of Peace and Nonviolence (September 6 to October 1)......................................................................337 Domestic Violence Awareness Month (October 2023)................................................................................393 Dubuque Eagles "Eyes on the Future" Month (January 2023).......................................................................10 Dubuque YP Days of Caring (April 28, 2023).................................................................................................126 Dubuque's Read Across America Day (March 2, 2023)...................................................................................48 Eradication of Generational Poverty Day (December 7, 2023).....................................................................461 Extra Mile Day (November 1, 2023).............................................................................................................393 GreatGive Day (May 17, 2023)....................................................................................................................163 Hispanic Heritage Month (September 15 to October 15).............................................................................356 Honeybee Day (March 16, 2023)....................................................................................................................74 Hospice and Palliative Care Month (November 2023).................................................................................412 Human Slavery and Human Trafficking Prevention Month (January 2023)......................................................1 Irish American Heritage Month (March 2023)................................................................................................74 Jewish American Heritage Month (May 2023).............................................................................................163 Junior Achievement Day (April 6, 2023).......................................................................................................126 Keeping the Lights on After School (October 20, 2023)................................................................................393 Kidsto Parks Day (May 20, 2023).................................................................................................................180 Kiwanis Club of Dubuque 103rd Anniversary Week (February 12-18, 2023)..................................................30 LGBTQ+ Pride Month (June 2023)................................................................................................................180 Lincoln Lion Pride Week (September 25-29)................................................................................................356 Mental Health Month (May 2023)................................................................................................................163 Nathaniel and Charlotte Morgan Peace Week (September 4-8)..................................................................337 National Apprenticeship Week (November 13-19, 2023).............................................................................412 National Health Center Week (August 6 -12)...............................................................................................303 National Kidney Month (March 2023)............................................................................................................74 NoMow May (May 2023).............................................................................................................................140 Pancreatic Cancer Awareness Day (November 16, 2023).............................................................................412 Preservation Month (May 2023)..................................................................................................................163 Public Service Recognition Week (May 7-13, 2023).....................................................................................163 Public Works Week (May 21-27, 2023)........................................................................................................180 Salvation Army Week (May 15-21, 2023).....................................................................................................180 Sexual Assault Awareness Month (April 2023).............................................................................................126 Summer Learning Week (July 9 - 15, 2023)..................................................................................................241 Page 1318 of 2498 Book 153 INDEX 503 Trick -or -Treat Night......................................................................................................................................385 Professional Consultant Services Contract................................................................................................165, 432 ProjectHOPE.............................................................................................................................. 243, 257, 301, 302 Projects 514 Angella................................................................................................................................................... 216 Althauser St. Retaining Wall Repair......................................................................................................397, 416 Asphalt Overlay Ramp.......................................................................................31, 75, 133, 164, 245, 322, 359 Bee Branch Creek Railroad Culverts Trail.......................................................................................................52 Bee Branch Watershed Flood Mitigation............................................................................... 11, 316, 349, 396 Briarwood Subdivision Water Connection........................................................................................................3 Burlington Street Water Main Improvement........................................................280, 334, 387, 431, 469, 476 Central Avenue Corridor Streetscape Master Plan...........................................................................................7 Chaplain Schmitt Island Trail Connection.............................................................................................327, 391 Chavenelle Road - NW Arterial to Radford Road Reconstruction..................................................................50 ChavenelleRoad Hike Bike Trail...................................................................................................................183 Comiskey Park - Phase 1 Redevelopment....................................................................................................172 Dasher Board and Shielding System...............................................................................................................32 Emergency Traffic Signal Repair...............................................................................................................12, 13 English Lane Sanitary and Storm Repair....................................................................................... 133, 218, 244 Flora Pool Filter Tank & Recirculation Pump Replacement........................................................................5, 50 FoothillCourt Drain Tile................................................................................................................................339 Force Main Stabilization.......................................................................................................................309, 416 GrangerCreek Lift Station............................................................................................................................434 Highway 20 - N. Cascade Road Truck Stop - Water Service Connection.......................................................308 Iowa Amphitheater on Schmitt Island..........................................................................................................184 John F. Kennedy Road and West 32nd Street Intersection Improvement ..................................... 267, 283, 316 Kerper Court and Kerper Boulevard Intersection Improvement ............................................ 87, 221, 250, 289 Kwik Trip, Inc. Property Right of Way Plat and Dedication -Roundabout Improvements ............................415 Lower Bee Branch Creek Trail Extension......................................................................................................464 Maintenance Dredging................................................................................................. 311, 329, 340, 347, 360 Maus Park Lake Pumping Station Culvert Repair.......................................................................... 342, 365, 386 Mechanical Electrical and Plumbing (MEP) Systems Assessment and Design ................................................32 Municipal Services Center Electric Vehicle (EV) Charging Stations ............................................... 166, 190, 252 Mystique Ice Arena ConstructionSite Cleanup.........................................................................................................................32 Rink Ice System Removal and Replacement............................................................................................164 Rubber Sport Flooring Removal and New Replacement.............................................................................2 SettlementRemediation.............................................................................................................................3 North Cascade Road Reconstruction............................................................................................................142 Old Highway Road Water Main Installation.................................................................................................186 Pavement Marking................................................................................................133, 166, 190, 216, 263, 474 ReimagineComiskey Park..................................................................................................................... 256,317 Royalwood Subdivision Water Main Loop - North Cascade Road Crossing..................................................261 SafeRoutes to School................................................................................................................................... 317 South Grandview US 61-151 Bridge Replacement.......................................................................................141 St. Anne & Avalon Intersection Reconstruction........................................................................... 193, 219, 307 Stoneman Road Reconstruction......................................................................................................... 11, 32, 78 Street Brick Pavers Remediation..................................................................................................................307 Twin Ridge Sanitary Sewer Extension and Lagoon Abandonment...............................................................474 U.S. Hwy 20 and Devon Dr. Frontage Road..................................................................................................407 Upper Bee Branch Creek Restoration Railroad Sanitary Interceptor Crossing .............................................133 West 1st Street Sanitary Repair.................................................................................................... 221, 251, 260 Wilbricht Lane Detention Basin....................................................................................................................464 Property Acquisition.............................................................................32, 177, 262, 323, 399, 415, 426, 431, 454 Property Tax Appeal Stipulation of Settlement..................................................................... 76, 86, 431, 462, 474 Public Housing Agency (PHA).....................................................................................................................137, 138 Public Housing Authority Annual Plan.................................................................................................................40 PublicNuisance Bars..........................................................................................................................................301 Public Safety Camera System.....................................................................................................................114, 162 Page 1319 of 2498 Book 153 INDEX 504 Purchase Agreement.............................................4, 56, 87, 88, 167, 181, 186, 190, 228, 323, 399, 414, 426, 465 Purchase and Sale Agreement...........................................................................................................................145 Purchase of Services Grant................................................................................................................ 272, 339, 350 Pyrotechnics Permit................................................................................................................... 219, 246, 318, 338 0 Q Casino and Hotel............................................................... 77, 144, 166, 221, 244, 318, 377, 378, 387, 410, 428 QueenStreet, 2407............................................................................................................................ 135, 159, 181 Quit Claim Deed........................................................................................................................... 79, 245, 315, 329 1.1 RACOM..............................................................................................................................................................279 Rahe, Keith, President & CEO of Travel Dubuque..............................................................................................355 Rai, Abhishek, International City/County Management Association (ICMA) Fellow .............................. 9,214,240 Railroad.............................................................................................................................52, 97, 99, 133, 448, 464 RailroadAcquisition.............................................................................................................................................86 RailroadQuiet Zone Study.........................................................................................................................391, 460 RainbowLounge................................................................................................................................................398 Rainey, Aaron, Five Flags Civic Center General Manager..................................................................................382 RAISE Infrastructure Planning Grant.................................................................................................. 255, 433, 434 Rajan, Raj, S00 Green HVDC Link ProjectCo, LLC Vice President - Project Development.................................454 Ramaker, Wayne..................................................................................................................................................74 Ravada, Chandra, East Central Intergovernmental Association (ECIA) Director of Transportation, Planning, and TransitServices.....................................................................................................................................428, 460 RCRestoration LLC.....................................................................................................................................186, 228 RDG Planning & Design, Inc..................................................................................................... 7, 28, 219, 258, 384 Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Grant ............................ 256, 349, 460 Rebuilding Bridges to Equity & Employment (RAISE) Grant...............................................................................133 Red Robin America's Gourmet Burgers & Spirits...............................................................................................360 Rename "Dubuque Ice Arena" to "ImOn Arena"...............................................................................................333 Renson, Cory......................................................................................................................................................363 Reservation of Easements.........................................................................................................................413, 474 Resilient Community Advisory Commission Correspondence...........................................................................................................................................357 Membership.........................................................................................................................................225, 248 Minutes.......................................................................................................................10, 74, 84, 141, 241, 303 Resolutions No. 001-23 Authorizing the Director of Finance and Budget/City Treasurer to make certain payments of bills that must be paid and approved for payment in accordance with City procedures...................................2 No. 002-23 Accepting the Mystique Ice Arena Rubber Sport Flooring Removal and New Replacement Project and authorizing the payment to the vendor service provider........................................................2 No. 003-23 Accepting the Mystique Ice Center Settlement Remediation Project and authorizing the payment to the contractor..........................................................................................................................3 No. 004-23 Accepting a Grant of Easement for water main utility through, over and across part of Lot 5 in Briarwood Subdivision, Dubuque County, Iowa..........................................................................................3 No. 005-23 Accepting the deed to certain real estate in Dubuque County, Iowa from Jade Engineering LLC .3 No. 006-23 Approving the Seventh Amendment to the Development Agreement between the City of Dubuque and The Hotel Dubuque, LLC.......................................................................................................4 No. 007-23 Authorizing the First Amendment to the CDBG Subrecipient Agreement between the City of Dubuque and Dubuque Area Labor Harvest...............................................................................................4 No. 008-23 Awarding Public Improvement Construction Contract for the Flora Pool Filter Tanks and Recirculation Pump Replacement Project...................................................................................................5 No. 009-23 Approving applications for retail alcohol licenses, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits..........................................................................................................................5 No. 010-23 Approving a Development Agreement by and between the City of Dubuque, and McCoy Group, Inc., including the issuance of urban renewal tax increment revenue obligations.....................................6 Page 1320 of 2498 Book 153 INDEX 505 No. 011-23 Adopting the Central Avenue Corridor Streetscape Master Plan..................................................7 No. 012-23 Authorizing the Director of Finance and Budget/City Treasurer to make certain payments of bills that must be paid and approved for payment in accordance with City procedures.................................10 No. 013-23 Accepting Public Improvements in Rustic Point Estates #2, in the City of Dubuque, Iowa .......... 11 No. 014-23 Accepting the Stoneman Road Reconstruction Project and authorizing the payment of the contract amount to the contractor...........................................................................................................11 No. 015-23 Adopting the Final Assessment Schedule for the Stoneman Road Reconstruction Project ......... 11 No. 016-23 Accepting the Asbury Rd & JFK Rd Emergency Traffic Signal Repair Project and authorizing the payment to the contractor........................................................................................................................13 No. 017-23 Approving applications for retail alcohol licenses, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and WineLicenses and Permits........................................................................................................................13 No. 018-23 Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on the Proposed Development Agreement by and between the City of Dubuque and Switch Development, LLC., including the proposed issuance of Urban Renewal Tax Increment Revenue Grant Obligations to Switch Development, LLC, and providing for the publication of notice thereof...................................................14 No. 019-23 Approving an Amendment to Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens and Charges for property in Dubuque Industrial Center West Dubuque Industrial Center West 2nd Addition Dubuque Industrial Center West 5th Addition and Dubuque Industrial Center NorthFirst Addition...................................................................................................................................26 No. 020-23 Approving an Amendment to Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens and Charges for property in Dubuque Industrial Center South First Addition..............26 No. 021-23 Authorizing the Director of Finance and Budget/City Treasurer to make certain payments of bills that must be paid and approved for payment in accordance with City procedures.................................30 No. 022-23 Approving the Second Amendment to Grant Agreement between the City of Dubuque, Iowa and Dub Jones Real Estate, LLC.................................................................................................................31 No. 023-23 Accepting the Mystique Ice Arena Dasher Board and Shielding System Project and authorizing the payment to the vendor / service provider..........................................................................................32 No. 024-23 Accepting the Mystique Ice Arena Construction Site Cleanup.....................................................32 No. 025-23 Approving the Acquisition Plat of Lot 2-2-1-2-1-2-2-2-2-2-A of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., in the City of Dubuque, Iowa ....................32 No. 026-23 Accepting a Grant of Easement for public utilities through, over and across part of Lot 2- 2-1-2- 1-2-2-2-2-2 of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., inthe City of Dubuque, Iowa.....................................................................................................................33 No. 027-23 Authorizing and providing for the issuance and securing the payment of $1,950,000 Taxable Sewer Revenue Capital Loan Notes, Series 2023A by the City of Dubuque, Iowa under the provisions of Chapter 384 of the Code of Iowa, providing for a method of payment thereof, approving the Loan and Disbursement Agreement and other related matters...............................................................................33 No. 028-23 Approving an Agreement between the City of Dubuque and ITC Midwest, LLC to operate an Electric Transmission System in the City of Dubuque...............................................................................37 No. 029-23 Authorizing the Director of Housing and Community Development to execute the Acceptance of the Notice of Award for the HUD Family Self -Sufficiency Program Grant.................................................37 No. 030-23 Adopting Supplement No. 2023 S-9 to the Code of Ordinances of the City of Dubuque, Iowa ... 37 No. 031-23 Approving applications for retail alcohol licenses, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits........................................................................................................................38 No. 032-23 Setting a Public Hearing on the Fiscal Year 2024 Maximum Property Tax Dollars for the affected tax levy total, and set the public hearing for February 20, 2023...............................................................39 No. 033-23 Intent to dispose of an interest in City of Dubuque real estate by sale to Seippel Warehouse, LLC pursuant to a Development Agreement by and between the City of Dubuque and Seippel Warehouse, LLC and fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on the Development Agreement including the proposed issuance of Urban Renewal Tax Increment Revenue Grant Obligations to Seippel Warehouse, LLC and providing for the publication of notice thereof ......... 39 No. 034-23 Setting a public hearing to review and approve the Public Housing Authority Fiscal Year 2024 AnnualPlan...............................................................................................................................................40 No. 035-23 Approving an Urban Renewal Plan for the Twin Valley Urban Renewal Area .............................41 No. 036-23 Approving a Development Agreement by and between the City of Dubuque and Switch Development, LLC, including the issuance of Urban Renewal Tax Increment Revenue Grant Obligations toSwitch Development, LLC......................................................................................................................41 Page 1321 of 2498 Book 153 INDEX 506 No. 037-23 Approving the revision of the Public Housing Authority (PHA) Administrative Plan for the Housing Choice Voucher Program.............................................................................................................46 No. 038-23 Authorizing the Director of Finance and Budget/City Treasurer to make certain payments of bills that must be paid and approved for payment in accordance with City procedures.................................48 No. 039-23 Naming Depositories....................................................................................................................49 No. 040-23 Approving CLG Grant Agreement with the Iowa Department of Cultural Affairs for the Voelker Highlands Intensive Architectural Survey..................................................................................................49 No. 041-23 Approving CLG Grant Agreement with the Iowa Department of Cultural Affairs for the Deereville Intensive Architectural Survey..................................................................................................................50 No. 042-23 Accepting the Chavenelle Road — NW Arterial to Radford Road Reconstruction Project and authorizing the payment of the contract amount to the contractor........................................................50 No. 043-23 Adopting the Final Assessment Schedule for the Chavenelle Road — NW Arterial to Radford Road ReconstructionProject..............................................................................................................................50 No. 044-23 Accepting the Bee Branch Creek Railroad Culvert Trail Project and authorizing the payment of the contract amount to the contractor.....................................................................................................52 No. 045-23 Accepting the Upper Bee Branch Creek Railroad Culverts Project and authorizing the payment of the contract amount to the contractor.....................................................................................................52 No. 046-23 Approving Plat of Proposed Vacated Portion of Stoneman Road, in the City of Dubuque, Iowa, to be known as Lot 2-2-1-2-1-2-2-2-2-2-B of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., in the City of Dubuque, Iowa.........................................................................52 No. 047-23 Approving Property Tax Abatement Applications Submitted by Property Owners in Urban Revitalization Areas and Authorizing the transmittal of the approved applications to the City Tax Assessor..................................................................................................................................................... 53 No. 048-23 Authorizing the First Amendment to the CDBG Subrecipient Agreement between the City of Dubuque and Four Mounds Foundation...................................................................................................54 No. 049-23 Approving applications for retail alcohol licenses, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits........................................................................................................................54 No. 050-23 Intent to vacate and dispose of city interest in a portion of Stoneman Road, in the City of Dubuque, Iowa, to be known as Lot 2-2-1-2-1-2-2-2-2-2-B of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., in the City of Dubuque, Iowa.....................................55 No. 051-23 Intent to dispose of an interest in City of Dubuque real estate to Affordable Housing Network, Inc, setting a time and place for hearing, and providing for the publication of notice thereof ................55 No. 052-23 Authorizing and directing the City Manager to prepare an Amended and Restated Urban Renewal Plan Version 2023.1 for the Dubuque Industrial Center Economic Development District, setting a date for the public hearing and directing the consultation process on the proposed Amended and Restated Urban Renewal Plan Version 2023.1 for said district.................................................................56 No. 053-23 Authorizing and directing the City Manager to prepare an Amended and Restated Urban Renewal Plan Version 2023.2 for the Dubuque Industrial Center Economic Development District, setting a date for the public hearing and directing the consultation process on the proposed Amended and Restated Urban Renewal Plan Version 2023.2 for said district.................................................................57 No. 054-23 Approval of the FYear 2024 Maximum Property Tax Dollars for the affected tax levy total .......58 No. 055-23 Approving the disposal of an interest in City of Dubuque owned real estate by sale to Seippel Warehouse, LLC, pursuant to a Development Agreement by and between the City of Dubuque and Seippel Warehouse, LLC, including the issuance of Urban Tax Increment Revenue Obligations to Seippel Warehouse, LLC.........................................................................................................................................68 No. 056-23 Approving the First Amendment to the Amended and Restated Development Agreement by and between the City of Dubuque and Simmons Pet Food, Inc.......................................................................69 No. 057-23 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........................................74 No. 058-23 Acknowledging the submission of a Consolidated Annual Performance and Evaluation Report (CAPER) for the period commencing July 1, 2021 and concluding June 30, 2022.....................................75 No. 059-23 Adopting the Fiscal Year 2023 (Program Year 2022) Community Development Block Grant (CDBG) Annual Action Plan Amendment#1..............................................................................................76 No. 060-23 Approving applications for retail alcohol licenses, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits........................................................................................................................76 No. 061-23 Intent to vacate and dispose of City interest in a portion of Easements for Sanitary Sewer Utilities over and across a part of Lot 1 of Dubuque Industrial Center 14th Addition, in the City of Page 1322 of 2498 Book 153 INDEX 507 Dubuque, Iowa..........................................................................................................................................77 No. 062-23 Authorizing and directing the City Manager to prepare an Amended and Restated Urban Renewal Plan, Version 2023.1 for the Greater Downtown Urban Renewal District and setting the date for public hearing and consultation on the proposed Amended and Restated Urban Renewal Plan, Version 2023.1 for said district.................................................................................................................78 No. 063-23 Vacating a portion of Stoneman Road, in the City of Dubuque, IA., known as Lot 2-2-1-2-1-2-2-2- 2-2-B of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., in the Cityof Dubuque, Iowa...............................................................................................................................78 No. 064-23 Disposing of City interest in Lot 2-2-1-2-1-2-2-2-2-2-B of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., in the City of Dubuque, IA..........................................78 No. 065-23 Setting the date for the public hearing on the FYear 2024 Budget for the City of Dubuque .......82 No. 066-23 Setting the date for the public hearing on the Five -Year Capital Improvement Program for Fiscal Years 2024 through 2028 for the City of Dubuque....................................................................................82 No. 067-23 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........................................85 No. 068-23 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Terrence L. andBarbara Bahl.......................................................................................................................................86 No. 069-23 Approving a Purchase Agreement Between the City of DBQ, Iowa and HWY 151 & 61 Development, LLC for a Temporary Detour Easement Across Lot 1 in Riverview Plaza No. 4 in the City of DBQ Iowa as Part of the Kerper Boulevard and Kerper Court Intersection Improvements Project .......... 87 No. 070-23 Approving applications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa Code Chapter 453A.47A...................................................................................................................87 No. 071-23 Intent to dispose of an interest in City of Dubuque real estate to Affordable Housing Network, Inc, setting a time and place for hearing, and providing for the publication of notice thereof ................88 No. 072-23 Setting a Public Hearing on an Application for Voluntary Annexation of Territory to the City of Dubuque, Iowa..........................................................................................................................................88 No. 073-23 Approving the Amended and Restated Urban Renewal Plan, Version 2023.1, for the Dubuque Industrial Center Economic Development District....................................................................................94 No. 074-23 Approving the Amended and Restated Urban Renewal Plan, Version 2023.2, for the Dubuque Industrial Center Economic Development District....................................................................................95 No. 075-23 Disposing of Property by Vacating City Interest in a Portion of Easements for Sanitary Sewer Utilities Over and Across a Part of Lot 1 of DBQ Industrial Center 14th Addition, in the City of DBQ, IA ..96 No. 076-23 Adopting the City of Dubuque Fiscal Year 2024 Annual Budget................................................117 No. 077-23 Adopting the City of Dubuque Five Year Capital Improvement Program..................................117 No. 078-23 Adopting the Five -Year Street Construction Program for Fiscal Years 2024 - 2028...................125 No. 079-23 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......................................127 No. 080-23 Adopting the Fiscal Year 2024 (Program Year 2023) Community Development Block Grant (CDBG) Annual Action Plan for Approval.................................................................................................127 No. 081-23 Authorizing the Second Amendment to the CDBG Subrecipient Agreement between the City of Dubuque and Dubuque Community School District................................................................................128 No. 082-23 Approving the First Amendment to an Agreement with Affordable Housing Network, Inc. for the rehabilitation of residential property within the City of Dubuque for resale or rental to low and moderate -income families......................................................................................................................128 No. 083-23 Authorizing the city to collect delinquent grass and weed cutting and garbage collection charges in accordance with Title 6-4-3A and Title 6-8-2 of the Code of Ordinances of the City of DBQ, IA ......... 128 No. 084-23 Authorizing the city to collect delinquent problem property charges in accordance with 14-111 International Property Maintenance Code Section 106.5 and/or Section 109.5 Code of Ordinances of the Cityof Dubuque, Iowa.............................................................................................................................131 No. 085-23 Providing a Letter of Support for a Low -Income Housing Tax Credit Project proposed by DubuqueHousing Group.........................................................................................................................131 No. 086-23 Authorizing the filing of an application and letter of support with the Iowa Economic Development Authority for the application by the City of Dubuque on behalf of Nia Neighborhoods Opportunity Zone Fund, LLC for a Community Catalyst Building Remediation Grant.............................132 No. 087-23 Rescinding Resolution No. 137-21, Establishing a Schedule of Development Services Fees, and adopting in lieu thereof a New Schedule of Development Services Fees as provided in Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code................................................................132 No. 088-23 Accepting the 2022 Pavement Marking Project & authorizing payment to contractor.............133 No. 089-23 Adopting March 2023 Replacement Supplement to the Code of Ordinances of the City of Page 1323 of 2498 Book 153 INDEX 508 Dubuque, Iowa........................................................................................................................................133 No. 090-23 Approving applications for retail alcohol licenses, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits......................................................................................................................134 No. 091-23 Setting the date for public hearing and additional action on proposal to enter into General Obligation Loan Agreements and to borrow money thereunder............................................................134 No. 092-23 Intent to dispose of an interest in City of Dubuque Real Estate to Melissa Sarazin, setting a time and place for hearing, and providing for the publication of notice thereof............................................135 No. 093-23 Authorizing and directing the City Manager to prepare an Amended and Restated Urban Renewal Plan, Version 2023.2 for the Greater Downtown Urban Renewal District and setting the date for a public hearing and consultation on the proposed Amended and Restated Urban Renewal Plan, Version 2023.2 for said district...............................................................................................................136 No. 094-23 Authorizing the Mayor to execute the Certification by State or Local Office of Public Housing Agency (PHA) Plan's Consistency with the Consolidated Plan and approval of the PHA Fiscal Year 2024 AnnualPlan.............................................................................................................................................137 No. 095-23 Approving the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, Version 2023.1............................................................................................................138 No. 096-23 Disposing of city interest in real property at 612 Lincoln, in the City of Dubuque, Iowa ........... 138 No. 097-23 Approving a Subdivision Development Agreement for a portion of Asbury Plaza by and among City of DBQ, Iowa, Talon Development, LLC, Eagle Construction, Inc., & Fox Hills Apartments, LLC ......139 No. 098-23 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......................................141 No. 099-23 Item Pulled from Agenda...........................................................................................................141 No. 100-23 Item Pulled from Agenda..........................................................................................................141 No. 101-23 Item Pulled from Agenda...........................................................................................................141 No. 102-23 Item Pulled from Agenda...........................................................................................................141 No. 103-23 Item Pulled from Agenda...........................................................................................................141 No. 104-23 Item Pulled from Agenda...........................................................................................................141 No. 105-23 Item Pulled from Agenda...........................................................................................................141 No. 106-23 Approving Preconstruction Agreement (No. 2023-12-047) with Iowa Department of Transportation for South Grandview Bridge Over US Highway 61-151 Bridge Replacement Project ..... 141 No. 107-23 Accepting the North Cascade Road Reconstruction Project, Phase 1 from the bridge over Catfish Creek to Edval Lane, Iowa DOT Project No. STBG-SWAP-2100 (669)--SG-31 and authorizing the final payment to the contractor......................................................................................................................142 No. 108-23 Approving the Plat of Survey of Lot 1 & Lot 2 of Boys & Girls Club Place in City of DBQ, IA ...... 142 No. 109-23 Approving the Final Plat of Valentine Place No. 4, in the City of DBQ & in DBQ County, IA ...... 143 No. 110-23 Approving a Pre -Annexation Agreement between the City of Dubuque and Gary F. and Ann M. Kluesner..................................................................................................................................................143 No. 111-23 Approving the First Amendment to Development Agreement by and between the City of Dubuque, Iowa and Switch Development, LLC........................................................................................143 No. 112-23 Approving applications for retail alcohol licenses, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits......................................................................................................................144 No. 113-23 Approving the Consent to Assignment and Assumption Agreement between Hotel Dubuque LLC, & Novelty Iron Landlord LLC & approving the 8th Amendment to Development Agreement between and among the City of Dubuque, Iowa, Hotel Dubuque LLC, & Novelty Iron Landlord LLC ...........................144 No. 114-23 Authorizing approval of the Final Plat of Asbury Plaza No. 22, in the City of Dubuque, Iowa ...145 No. 115-23 Setting a public hearing on the First Amendment to Development Agreement between the City of Dubuque, Iowa and Seippel Warehouse, LLC......................................................................................149 No. 116-23 Approving an Application for Voluntary Annexation of Territory to City of DBQ, Iowa.............150 No. 117-23 Taking additional action on proposals to enter into Loan Agreements and combining Loan Agreements.............................................................................................................................................158 No. 118-23 Disposing of city interest in real property at 2407 Queen Street, in the City of DBQ, Iowa ......159 No. 119-23 Providing a Letter of Support for a Low -Income Housing Tax Credit Project proposed by Horizon Development...........................................................................................................................................160 No. 120-23 Providing a Letter of Support for a Low -Income Housing Tax Credit Project proposed by Gronen Development...........................................................................................................................................160 No. 121-23 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......................................163 Page 1324 of 2498 Book 153 INDEX 509 No. 122-23 Accepting the Mystique Ice Center - Rink Ice System Removal and Replacement Project and authorizing the payment to the contractor.............................................................................................164 No. 123-23 Awarding Public Improvement Contract for the 2023 Asphalt Overlay Ramp Project Four ...... 164 No. 124-23 Approving the Consultant Professional Services - Supplemental Agreement No. 1 between HDR Inc. and the City of Dubuque for the East-West Corridor Capacity Improvements.................................165 No. 125-23 Approving applications for retail alcohol licenses, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits......................................................................................................................165 No. 126-23 Municipal Services Center EV Charging Stations 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 for the Municipal Services Center EV Charging StationsProject.......................................................................................................................................166 No. 127-23 Pavement Marking Project 2023- preliminary approval of plans, specifications, form of contract, and estimated cost - setting date of public hearing on plans, specifications, form of contract, and estimated cost - and ordering the advertisement for bids......................................................................166 No. 128-23 Intent to dispose of an interest in City of Dubuque real estate to Ry Meyer, setting a time and place for hearing, and providing for the publication of notice thereof...................................................167 No. 129-23 Setting the date for the Public Hearing on Amendment No. 2 to the Fiscal Year 2023 Budget for theCity of Dubuque................................................................................................................................167 No. 130-23 Authorizing and directing the City Manager to prepare an Amended and Restated Urban Renewal Plan, Version 2023.3 for the Greater Downtown Urban Renewal District and setting the date for a public hearing and consultation on the proposed Amended and Restated Urban Renewal Plan, Version 2023.3 for said district...............................................................................................................168 No. 131-23 Authorizing and directing the City Manager to prepare an Amended and Restated Urban Renewal Plan Version 2023.3 for the Dubuque Industrial Center Economic Development District, setting a date for the public hearing and directing the consultation process on the proposed Amended and Restated Urban Renewal Plan Version 2023.3 for said district...............................................................169 No. 132-23 Setting the date for a public hearing on Iowa Department of Transportation (DOT) Consolidated FundingApplication................................................................................................................................169 No. 133-23 Setting a public hearing on the Fiscal Year 2023 (Program Year 2022) Community Development Block Grant (CDBG) Annual Action Plan Amendment #2........................................................................170 No. 134-23 Approving the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, Version 2023.2............................................................................................................171 No. 135-23 Approving the First Amendment to Development Agreement between the City of Dubuque, Iowa and Seippel Warehouse, LLC..........................................................................................................171 No. 136-23 Awarding Sustainable Dubuque Grant to Centrally Rooted Mission, Inc...................................172 No. 137-23 Awarding Sustainable Dubuque Grant to Convivium Urban Farmstead....................................172 No. 138-23 Awarding Sustainable Dubuque Grant to the Four Mounds Foundation...................................172 No. 139-23 Awarding Sustainable Dubuque Grant to the Nova Elite Youth Basketball...............................172 No. 140-23 Awarding Sustainable Dubuque Grant to St. Mark Youth Enrichment......................................172 No. 141-23 Not approved for reason stated.................................................................................................172 No. 142-23 Awarding Sustainable Dubuque Grant to the Valentine Park Community Garden....................172 No. 143-23 Approving an Agreement between the City of Dubuque, Iowa and CCIS, LLC ...........................177 No. 144-23 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......................................180 No. 145-23 Approving a Third Amendment to Development Agreement by and between the City of Dubuque, Iowa and Port of Dubuque LLC...............................................................................................181 No. 146-23 Adding the FHA Amendatory Clause and Real Estate Certification to the Purchase Agreement for 2407 Queen Street..................................................................................................................................181 No. 147-23 Authorizing the Second Amendment to the CDBG Subrecipient Agreement between the City of Dubuque and Dubuque Community YMCA/YWCA..................................................................................182 No. 148-23 Accepting USDA Office of Urban Agriculture and Innovative Production Grant ........................182 No. 149-23 Accepting the Chavenelle Road Hike Bike Trail Phase 2 Project and authorizing the payment of the contract amount to the contractor...................................................................................................183 No. 150-23 Accepting a Grant of Easement for Ingress/Egress and Sidewalk over and across part of Lot 1-70 in Stafford's Addition, in the City of Dubuque, Iowa...............................................................................183 No. 151-23 Approving a Memorandum of Understanding between the City of Dubuque and the Interstate Power and Light Company (IPL) for the potential purchase of excess property at the former Power Generation Plant Site on 7th Street.........................................................................................................183 Page 1325 of 2498 Book 153 INDEX 510 No. 152-23 Awarding additional Sustainable Dubuque grant funding to various organizations ..................184 No. 153-23 Approving applications for retail alcohol licenses, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits......................................................................................................................185 No. 154-23 Intent to dispose of an interest in City of Dubuque real estate to RC Restoration LLC, setting a time and place for hearing, and providing for the publication of notice thereof....................................186 No. 155-23 The Old Highway Road Water Main Installation Project 2023 - preliminary approval of plans, specifications, form of contract, and estimated cost - setting date of public hearing on plans, specifications, form of contract, and estimated cost - and ordering the advertisement for bids ........... 186 No. 156-23 (1) approving the minimum requirements, competitive criteria, and offering procedures for the development and the sale of certain real property and improvements in the Greater Downtown Urban Renewal District; (2) determining that the offer to purchase submitted by McCoy Group, Inc. 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 McCoy Group, Inc. in th event that no competing proposals are submitted; and (3) soliciting competing proposals.................................................................................187 No. 157-23 Municipal Services Center EV Charging Stations Project approval of plans, specifications, form of contract, and estimated cost for the Municipal Services Center EV Charging Stations Project ..............190 No. 158-23 Approval of plans, specifications, form of contract, and estimated cost for the 2023 Pavement MarkingProject.......................................................................................................................................190 No. 159-23 Disposing of city interest in real property at 590 Clarke Drive, in the City of Dubuque, Iowa ... 190 No. 160-23 Amending the current budget for Fiscal Year Ending June 2023 (as last certified or amended on 10/17/2022)............................................................................................................................................191 No. 161-23 Awarding Public Improvement Construction Contract for the St. Anne and Avalon Intersection Reconstruction Project............................................................................................................................193 No. 162-23 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......................................215 No. 163-23 Authorizing execution of CDBG Subrecipient Agmt. with Affordable Housing Network, Inc.....216 No. 164-23 Authorizing the First Amendment to the CDBG-CV Subrecipient Agreement with Almost Home atSt. John's.............................................................................................................................................216 No. 165-23 Awarding Public Improvement Contract for the 2023 Pavement Marking Project ...................216 No. 166-23 Approving Agreement between the City of DBQ, IA, & James B. Gansen & Mary L. Gansen ....217 No. 167-23 Approving an Agreement between the City of Dubuque, Iowa and C Ellis Properties, LLC .......217 No. 168-23 Accepting the dedication of Lot A of Rustic Point Estates, in the City of Dubuque, Iowa .......... 218 No. 169-23 Accepting English Lane Sanitary Reconstruction Project & authorizing payment to contractor218 No. 170-23 Adopting Supplement No. 2023 5-10 to Code of Ordinances of City of DBQ, Iowa...................219 No. 171-23 Approving applications for retail alcohol licenses, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits......................................................................................................................219 No. 172-23 Approving application(s) for retail permits to sell Tobacco, Tobacco Products, Alternative Nicotine Products, and Vapor Products, as required by Iowa Code Chapter 453A.47A ..........................219 No. 173-23 Kerper Court and Kerper Boulevard Intersection Improvement 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 ........... 221 No. 174-23 W 1st Street Sanitary Repair Project: preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, andestimated cost..................................................................................................................................222 No. 175-23 Intent to dispose of city interest by Grant of Easements for Access to James B. Gansen and Mary L. Gansen, and Robert J. Flanagan and Tina M. Flanagan, across part of Lot 1 of JQ Acres, Dubuque County, Iowa...........................................................................................................................................222 No. 176-23 Intent to approve a Development Agreement between the City of Dubuque and Switch Homes, LLC including the proposed reimbursement of Switch Homes, LLC for certain infrastructure improvements as described in the Development Agreement by the issuance of Urban Renewal Tax Increment Revenue Grants, fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa, and providing for the publication of notice thereof.....................................................223 No. 177-23 Resolution of necessity finding that certain property designated as the Switch Homes Housing Urban Renewal Area and described herein is an Economic Development Area and that the development of said area is necessary in the interest of the residents of the City of Dubuque, Iowa, and setting a date for hearing on a proposed Urban Renewal Plan for said area.................................................................223 No. 178-23 Setting a public hearing on an application for voluntary annexation of territory to the City of Page 1326 of 2498 Book 153 INDEX 511 Dubuque, Iowa........................................................................................................................................224 No. 179-23 Approving the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, Version 2023.3............................................................................................................226 No. 180-23 Approving the Amended and Restated Urban Renewal Plan, Version 2023.3 for the Dubuque Industrial Center Economic Development District..................................................................................226 No. 180-23-A Nunc Pro Tunc correcting & amending a scrivener's error in certain legal descriptions included in Urban Renewal Plan for Dubuque Industrial Center Economic Development District ........................277 No. 181-23 Adopting the Fiscal Year 2023 (Program Year 2022) Community Development Block Grant (CDBG) Annual Action Plan Amendment#2............................................................................................227 No. 182-23 Authorizing Resolution - approval of Consolidated Funding Application to Iowa DOT..............227 No. 183-23 Disposing of city interest in real property at 1559 Washington St., in City of DBQ Iowa .......... 228 No. 184-23 Approval of plans, specifications, form of contract, and estimated cost for the Old Highway Road Water Main Connection Loop 2023...............................................................................................228 No. 185-23 Authorizing the Mayor to execute an application for the Home Tenant Based Rental Assistance Program and authorizing the Director of Housing and Community Development and the City Manager to approvethe application..........................................................................................................................238 No. 186-23 Approving a Development Agreement by and between the City of Dubuque, Iowa and CARich Properties LLC. providing for funding assistance through Housing Tax Increment Financing in the amount of $110,000 for the development of 1706 Central Avenue.....................................................................239 No. 187-23 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......................................241 No. 188-23 Authorizing the Chief Financial Officer to make the appropriate interfund transfers of sums and record the same in the appropriate manner for the FY 2023 for the City of Dubuque, Iowa .................242 No. 189-23 Approving an Agreement between the City of Dubuque and ITC Midwest, LLC to operate an electric transmission system in the City of Dubuque..............................................................................243 No. 190-23 Authorizing the Second Amendment to the CDBG-CV Subrecipient Agreement with Almost Homeat St. John's...................................................................................................................................244 No. 191-23 Approving the Final Plat of Steger Heights Plat 3, in the City of Dubuque, Iowa .......................244 No. 192-23 Accepting the English Lane Sanitary and Storm Repair Project and authorizing the payment to thecontractor......................................................................................................................................... 244 No. 193-23 Accepting 2023 Asphalt Overlay Curb Ramp Project 1 and authorizing payment to contractor245 No. 194-23 Accepting 2023 Asphalt Overlay Curb Ramp Project 2 and authorizing payment to contractor245 No. 195-23 Accepting Quit Claim Deeds from James B. Gansen & Mary L. Gansen, & Robert J. Flanagan & Tina M. Flanagan, for certain easements across Part of Lot 1 of JQAcres, DBQ County, Iowa...............246 No. 196-23 Approving applications for retail alcohol licenses, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits......................................................................................................................247 No. 197-23 Approving applications for retail permits to sell Tobacco, Tobacco Products, Alternative Nicotine Products, and Vapor Products, as required by Iowa Code§453A.47A....................................................247 No. 198-23 Approving the disposal of an interest in real property owned by the City of Dubuque by sale pursuant to a Development Agreement with McCoy Group, Inc............................................................249 No. 199-23 Approving a Development Agreement between the City of DBQ and Switch Homes, LLC, including the proposed reimbursement of Switch Homes, LLC for certain infrastructure improvements as described in the Development Agmt. by the issuance of urban renewal tax increment revenue grants249 No. 200-23 Approval of plans, specifications, form of contract, and estimated cost for the Kerper Court and Kerper Boulevard Intersection Improvement Project.............................................................................250 No. 201-23 Approval of plans, specifications, form of contract, and estimated cost for the W 15t Street SanitaryRepair Project............................................................................................................................251 No. 202-23 Disposing of city interest by Grant of Easements for access to James B. Gansen & Mary L. Gansen, & Robert J. Flanagan & Tina M. Flanagan, Across Part of Lot 1 of 1Q Acres, DBQ County, IA ...251 No. 203-23 Awarding public improvement construction contract for the Municipal Services Center EV ChargingStations Project........................................................................................................................ 252 No. 204-23 Authorizing approval of the Final Plat of Switch Homes of DBQ, in the City of DBQ, IA ............ 252 No. 205-23 Awarding Public Improvement Contract for the Old Highway Road Water Main Connection Loop Project2023............................................................................................................................................256 No. 206-23 Authorizing the Chief Financial Officer/City Treasurer to make certain payments of bills that must be paid and approved for payment in accordance with City procedures......................................260 No. 207-23 Authorizing a partnership with the Iowa Initiative for Sustainable Communities, a program of theUniversity of Iowa.............................................................................................................................260 Page 1327 of 2498 Book 153 INDEX 512 No. 208-23 Rejecting all competitive bid proposals for the W I" Street Sanitary Repair Project................260 No. 209-23 Accepting the Royalwood Subdivision Water Main Loop - North Cascade Road Crossing Project and authorizing the payment to the contractor......................................................................................261 No. 210-23 Approving the First Amendment to an Agreement between the City of Dubuque, Iowa and Kwik Trip, Inc. for construction of certain off -site public roadway improvements at the intersection of Kerper Boulevard and Kerper Court related to the proposed site improvements at said intersection ..............261 No. 211-23 Approving adoption of the 2023 Edition of City Supplemental Specifications to the Iowa Statewide Urban Design and Specifications (SUDAS) Program's Specification Manual for Public Works Improvements......................................................................................................................................... 262 No. 212-23 Approving the Acquisition Plat of Lot 1A of Roger F. and Kathleen A. Klauer Family Place, in the Cityof Dubuque, Iowa.............................................................................................................................262 No. 213-23 Authorizing the city to collect delinquent grass and weed cutting and garbage collection charges in accordance with Title 6-4-3A and Title 6-8-2 of the Code of Ordinances of the City of DBQ, IA ......... 263 No. 214-23 Approving a Settlement Agreement between the City of Dubuque, Iowa and Metropolitan Life InsuranceCompany.................................................................................................................................265 No. 215-23 Establishing the compensation for the City Clerk......................................................................265 No. 216-23 Approving applications for retail permits to sell Tobacco, Tobacco Products, Alternative Nicotine Products, and Vapor Products, as required by Iowa Code§453A.47A....................................................266 No. 217-23 Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on a Development Agreement by and between the City of Dubuque, Iowa and 799 Main, LLC, including the proposed issuance of Urban Renewal Tax Increment Revenue Obligations relating thereto and providing for the publication of notice thereof.......................................................................................................266 No. 218-23 John F. Kennedy Road and West 32"d Street Intersection Improvement 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....................................................................267 No. 219-23 Approving the Urban Renewal Plan for the Switch Homes Housing Urban Renewal Area ........ 267 No. 220-23 Approving an application for voluntary annexation of territory to the City of Dubuque, Iowa.268 No. 221-23 Authorizing execution of FY24 Purchase of Services Grant Agreements...................................272 No. 222-23 Setting the date for the sale of Taxable General Obligation Corporate Purpose Bonds, Series 2023A and authorizing the use of a preliminary official statement in connection therewith.................272 No. 223-23 Authorizing the Chief Financial Officer/City Treasurer to make certain payments of bills that must be paid and approved for payment in accordance with City procedures......................................276 No. 224-23 Approving Plat of proposed vacated portion of Bies Drive, in the City of Dubuque, Iowa, to be known as Lot 16 of Roger F. and Kathleen A. Klauer Family Place, in the City of Dubuque, Iowa ..........277 No. 225-23 Approving an Agreement between the City of Dubuque, Iowa and Dennis R. Walker..............278 No. 226-23 Approving a Funding Agreement (ST-018) with the Iowa Department of Transportation for a Statewide Transportation Innovation Council (STIC) Grant that will continuously monitor and report on the performance of signalized intersections within the City of Dubuque...............................................278 No. 227-23 Adopting Supplement No. 2023 S-11 to the Code of Ordinances of the City of Dubuque, lowa279 No. 228-23 Approving applications for retail alcohol licenses, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits......................................................................................................................279 No. 229-23 Intent to vacate and dispose of a portion of Bies Drive, in the City of Dubuque, Iowa, to be known as Lot 16 of Roger F. and Kathleen A. Klauer Family Place, in the City of Dubuque, Iowa ..........280 No. 230-23 The Burlington Street Water Main Improvement Project 2023 - preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing on plans, specifications, form of contract, and estimated cost..............................................................................280 No. 231-23 Setting a public hearing on the intent to consider the removal of a commissioner from the HumanRights Commission......................................................................................................................281 No. 232-23 Setting a public hearing on an application for voluntary annexation of territory to the City of Dubuque, Iowa........................................................................................................................................282 No. 233-23 Approving a Development Agreement by and between the City of Dubuque, Iowa, and 799 Main, LLC including the issuance of Urban Tax Increment Revenue Obligations....................................283 No. 234-23 Approval of plans, specifications, form of contract, and estimated cost for the John F. Kennedy Road and W. 32"d Street Intersection Improvement Project..................................................................283 No. 235-23 Authorizing and approving a Loan Agreement, providing for the sale and issuance of Taxable General Obligation Corporate Purpose Bonds, Series 2023A, and providing for the levy of taxes to pay thesame..................................................................................................................................................284 No. 236-23 Awarding public improvement contract for the Kerper Court and Kerper Boulevard Intersection Page 1328 of 2498 Book 153 INDEX 513 ImprovementProject.............................................................................................................................. 289 No. 237-23 Adopting a policy for city acceptance of streets in commercial subdivisions ............................289 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......................................303 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 .................304 No. 240-23 Authorizing Contract 23-CTBF-012 by and between the City of DBQ, IA, 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 St. in the City of BQ, IA....................304 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 ..........................305 No. 242-23 Authorizing Execution of FY24/PY23 Community Development Block Grant Agreement .........305 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..................................................................................306 No. 244-23 Approving the Plat of Survey of Chaplain Schmitt Island in the City of Dubuque, Iowa ............306 No. 245-23 Accepting the St Anne & Avalon Intersection Reconstruction Project and Authorizing the Paymentto the Contractor.....................................................................................................................307 No. 246-23 Accepting The 8th Street Brick Pavers Remediation Project and Authorizing the Payment to the Contractor............................................................................................................................................... 307 No. 247-23 Accepting the Highway 20 - N. Cascade Road Truck Stop Water Service Connection Project and Authorizing the Payment to the Contractor............................................................................................308 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..........................................................................308 No. 249-23 Authorizing execution of CDBG Subrecipient Agreement with SS Event Center, LLC ................309 No. 250-23 Intent to vacate and dispose of a portion of National Street, in the City of DBQ, IA, to be known as Lot 86A in McDaniel's Park Hill (Aka "Park Hill, City of DBQ, IA 1856), in the City of DBQ IA ............310 No. 251-23 Fixing the date for a public hearing of the city council of the City of DBQ, IA on the fourth amendment to Development Agreement between the City of DBQ, IA and Port of Dubuque LLC which provides for the proposed awarding of housing incentive acquisition grants, and providing for the publication of notice thereof..................................................................................................................310 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.........................................................................311 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................................................................312 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........................................................................312 No. 255-23 Removing a Commissioner from the Equity and Human Rights Commission ............................313 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........................................................314 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........................................................................................................................................314 No. 258-23 Approval of Plans, Specifications, Form of Contract, and Estimated Cost for the Old Highway Road Water Main Connection Loop 2023...............................................................................................315 No. 259-23 Awarding Public Improvement Contract for the John F. Kennedy Road and W. 32°d Street Intersection Improvement Project..........................................................................................................316 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 GO Bonds or an SRF Loan for construction of a new stormwater pumping station at the 16th St. Detention Basin ........................316 No. 261-23 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......................................320 No. 262-23 Naming Depositories..................................................................................................................320 No. 263-23 Approving a grant agreement between the City of Dubuque, Iowa, and Forward Investments Group LLC for the redevelopment of 1047 Bluff Street..........................................................................321 No. 264-23 Approving an Agreement regarding Modification and Vacation of Easements between adjoining properties owned by Chad A. Streff & Kymberly A. Streff.......................................................................322 No. 265-23 Accepting the 2023 Asphalt Overlay Curb Ramp Project 3 and Authorizing the Payment to the Page 1329 of 2498 Book 153 INDEX 514 Contractor............................................................................................................................................... 322 No. 266-23 Approving the Acquisition of Real Estate Owned by Steven Eldon Bahl and Sandra Jean Bahl, in theCity of Dubuque................................................................................................................................323 No. 267-23 Approving the Plat of Survey of Lot 1 & Lot A of Dubuque Industrial Center South Fourth Addition in the City of Dubuque, Iowa....................................................................................................323 No. 268-23 Accepting Certain Public Improvements in Rustic Point Estates #2, in the City of DBQ, la ........ 324 No. 269-23 Authorizing the Filing of a Grant Application with the Iowa DOT for Traffic Safety Improvement Grant Funding to Assist with Funding for Proposed Improvements to Construct a New Northwest Arterial Eastbound Dedicated Right Turn Lane on to John F. Kennedy Road..........................................324 No. 270-23 Rescinding Resolution No. 252-23.............................................................................................325 No. 271-23 Approving applications for retail alcohol licenses, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits......................................................................................................................325 No. 272-23 Fixing the date for a Public Hearing of the City Council of the City of Dubuque, Iowa on a Development Agreement by and Between the City of Dubuque, Iowa and Chadwick Block, LLC, Including the Proposed Issuance of Urban Renewal Tax Increment Revenue Obligations Relating Thereto, and Providing for the Publication of Notice Thereof......................................................................................326 No. 273-23 Fixing the Date for a Public Hearing of the City Council of the City of Dubuque, Iowa on a Development Agreement by and Between the City of Dubuque, Iowa, and Farley & Loetscher, LLC, Including the Proposed Issuance of Urban Renewal Tax Increment Revenue Obligations Relating Thereto, and Providing for the Publication of Notice Thereof................................................................327 No. 274-23 Chaplain Schmitt Island Trail Connection Project, Iowa DOT Project No. EDP- 2100(704) - 7Y-31- 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.....................................327 No. 275-23 Vacating 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 .......... 328 No. 276-23 Disposing of City Interest in Lot 86A in McDaniel's Park Hill (Aka "Park Hill, City of Dubuque, Iowa 1856), in the City of Dubuque, Iowa...............................................................................................328 No. 277-23 Approving 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 AcquisitionGrants...................................................................................................................................329 No. 278-23 Approval of Plans, Specifications, form of Contract, and Estimated Cost for the 2023 Maintenance Dredging Project...............................................................................................................329 No. 279-23 Approving an Application for Voluntary Annexation of Territory to the City of DBQ, la ...........330 No. 280-23 Approving Plat of Survey of Lot 1-1 and 2-1 of Riverwalk Ninth Addition, in the City of Dubuque, DubuqueCounty, Iowa............................................................................................................................333 No. 281-23 Renaming the Dubuque Ice Arena to ImOn Arena.....................................................................333 No. 282-23 Awarding Public Improvement Contract for the Burlington Street Water Main Improvement Project2023............................................................................................................................................334 No. 283-23 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......................................337 No. 284-23 Authorizing the filing of a Grant Application with the U.S. Fish And Wildlife Service and Iowa Department Of Natural Resources for the 2024 Boating Infrastructure Tier 1 Grant to assist with funding to perform maintenance dredging at Dubuque Marina..........................................................................338 No. 285-23 Authorizing Execution of CDBG-CV Subrecipient Agreement with Catholic Charities ...............339 No. 286-23 Accepting the Foothill Court Drain Tile Project 2023 and Authorizing the Payment to the Contractor............................................................................................................................................... 339 No. 287-23 Approving the Funding Agreement between the City of Dubuque and American Marine for the 2023 Maintenance Dredging Project.......................................................................................................340 No. 288-23 Authorizing the Director of Housing and Community Development to execute a Renewal Contract Agreement between the City of Dubuque and The Rose of Dubuque L.P. for the Project Based Voucher Program and authorizing the Director of Housing and Community Development and the City Manager to approve the contract renewal.............................................................................................340 No. 289-23 Accepting the Green Alley Retaining Wall — 2406, 2408, 2410 Queen Street Between Queen Street and Windsor Avenue project and Authorizing the Payment to the Contractor ...........................341 No. 290-23 Fixing the date for a Public Hearing of the City Council of the City of Dubuque, Iowa on a Development Agreement by and between the City of Dubuque, Iowa, and HG APT LLC, Including the proposed issuance of Urban Renewal Tax Increment Revenue Obligations relating thereto and providing for the publication of notice thereof.......................................................................................................342 Page 1330 of 2498 Book 153 INDEX 515 No. 291-23 The Maus Park Lake Pump Station Culvert Repair 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 .........342 No. 292-23 To fix a date for a Public Hearing on Proposal to enter into a Sewer Revenue Loan and Disbursement Agreement and to Borrow Money Thereunder in a Principal Amount Not to Exceed $1,000,000 (Lift Stations)........................................................................................................................343 No. 293-23 To fix a date for a Public Hearing on Proposal to enter into a Sewer Revenue Loan and Disbursement Agreement and to Borrow Money Thereunder in a Principal Amount Not to Exceed $430,000 (Grove)....................................................................................................................................344 No. 294-23 Approving a Development Agreement by and between the City of Dubuque, Iowa and Farley & Loetscher, LLC, including the issuance of Urban Tax Increment Revenue Obligations ...........................345 No. 295-23 Approving a Development Agreement by and between the City of Dubuque, Iowa, and Chadwick Block, LLC including the issuance of Urban Tax Increment Revenue Obligations ...................346 No. 296-23 Approval of Plans, Specifications, Form of Contract, and Estimated Cost for the Chaplain Schmitt Island Trail Connection Project, Iowa DOT Project No. EDP-2100(704)— 7Y-31.....................................346 No. 297-23 Awarding Public Improvement Construction Contract for the 2023 Maintenance Dredging Project..................................................................................................................................................... 347 No. 298-23 Pledging the Local Match in the Amount of $19,012,000 Using $16,412,000 in General Obligation Bonds and $2,600,000 in SRF Loan Proceeds for Construction of a New Stormwater Pumping Station at the 161h Street Detention Basin..............................................................................................349 No. 299-23. Authorizing Execution of FY24 Purchase of Services Grant Agreements..................................350 No. 300-23. Intent to Dispose of an Interest in Real Property by Lease Agreement with the Dubuque Racing Association, LTD., and Approving a Leasehold Mortgage and Subordination Agreement Between the Dubuque Racing Association, Ltd and MidWestOne Bank......................................................................351 No. 301-23 Intent to Dispose of an Interest in Real Property by Lease Agreement with the Dubuque Racing Association, LTD...................................................................................................................................... 351 No. 302-23 (1) Approving the Minimum Requirements, Competitive Criteria, and Offering Procedures for the Development and the Sale of Certain Real Property and Improvements in the Greater Downtown Urban Renewal District; (2) Determining that the Offer to Purchase Submitted by Union at the Marina, LP 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 Union at the Marina, LP in the Event That No Other Qualified Competing Proposals Are Submitted; And (3) Soliciting Competing Proposals .......353 No. 303-23 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......................................356 No. 304-23 Approving the Simple Subdivision Plat of Survey Lot 1 and Lot 2 of Bahl Middle Road Place, Dubuque, Iowa........................................................................................................................................357 No. 305-23 Approving the Simple Subdivision Plat Buelow Place, Dubuque, Iowa......................................357 No. 306-23 Authorizing the Submission of a Consolidated Annual Performance and Evaluation Report (Caper) for the Period Commencing July 1, 2022, and Concluding June 30, 2023..................................358 No. 307-23 Authorizing the First Amendment to the CDBG Subrecipient Agreement Between the City of Dubuque and Affordable Housing Network, Inc.....................................................................................358 No. 308-23 Accepting the 2023 Asphalt Overlay Curb Ramp Project 4 and Authorizing the Payment to the Contractor............................................................................................................................................... 359 No. 309-23 Authorizing the Mayor to Execute an Application for the Local Housing Trust Fund 2024 and Authorizing the Housing and Community Development Director and the City Manager to Approve the Application..............................................................................................................................................359 No. 310-23 Approving applications for retail alcohol licenses, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and WineLicenses and Permits......................................................................................................................360 No. 311-23 of Intent to Vacate and Dispose of City Interest in a Portion of an Access and Trail Easement Over and Across Lot 1 Of DBQ Industrial Center South Fourth Addition, in the City of DBQ, IA.............360 No. 312-23 Approving a Development Agreement by and between the City of Dubuque, Iowa, and HG Apt LLC including the issuance of Urban Tax Increment Revenue Obligations..............................................365 No. 313-23 Approval of Plans, Specifications, Form of Contract, and Estimated Cost for the Maus Park Lake Pump Station Culvert Repair Project.......................................................................................................365 No. 314-23 Adopting the Fiscal Year 2024 (Program Year 2023) Community Development Block Grant (CDBG) Annual Action Plan Amendment#1............................................................................................377 No. 315-23 Disposing of an Interest in Real Property by Lease Agreement with Dubuque Racing Association, LTD., and Approving a Leasehold Mortgage and Subordination Agreement Between Dubuque Racing Page 1331 of 2498 Book 153 INDEX 516 Association, LTD and MiclWestOne Bank................................................................................................377 No. 316-23 Disposing of City Interest in Real Property Legally Described as Lots 2 and 3 of Chaplain Schmitt Island in the City of Dubuque, Iowa According to the Plat Recorded as Instrument #2023-7679, Records of Dubuque County, Iowa by Lease with Dubuque Racing Association, LTD...........................................378 No. 317-23 Taking Additional Action with Respect to a Sewer Revenue Loan and Disbursement Agreement and Authorizing, Approving and Securing the Payment of a $1,000,000 Sewer Revenue Loan and Disbursement Agreement Anticipation Project Note (IFA Interim Loan and Disbursement Agreement) (Lift Stations)........................................................................................................................................... 379 No. 318-23 Taking Additional Action with Respect to a Sewer Revenue Loan and Disburse Agmt. and Authorizing, Approving, and Securing the Payment of a $430,000 Sewer Revenue Loan and Disburst Agmt. Anticipation Project Note (IFA Interim Loan and Disbursement Agreement) (Grove)..................380 No. 319-23 Authorizing Execution of CDBG Subrecipient Agreement with Catholic Charities .....................382 No. 320-23 Authorizing Execution of CDBG Subrecipient Agreement with Dubuque Community Schools .383 No. 321-23 Authorizing Execution of CDBG Subrecipient Agreement with Mt. Pleasant Home ..................383 No. 322-23 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......................................385 No. 323-23 Establishing rates and charges for electric vehicle charging......................................................386 No. 324-23 Awarding the Public Improvement Construction Contract for the Maus Park Lake Pump Station CulvertRepair Project.............................................................................................................................386 No. 325-23 Authorizing the third amendment to the CDBG-CV Subrecipient Agreement with Almost Home atSt. John's.............................................................................................................................................387 No. 326-23 Approving an agreement between the City of Dubuque and ITC Midwest, LLC to operate an Electric Transmission System in the City of Dubuque.............................................................................387 No. 327-23 Fixing the date for a Public Hearing of the City Council of the City of Dubuque, Iowa on the Fifth Amendment to Development Agreement between the City of Dubuque, Iowa, and Port of Dubuque LLC, including the proposed issuance of Urban Renewal Tax Increment Revenue Obligations relating thereto, and providing for the publication of notice thereof................................................................................388 No. 328-23 Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on a First Amendment to Grant Agreement by and between the City of Dubuque, Iowa, and Nia Neighborhoods Opportunity Zone Fund, LLC, Including the proposed issuance of Urban Renewal Tax Increment Revenue Obligations relating thereto, for the rehabilitation of 1398 White Street and providing for the publication of notice thereof..................................................................................................................388 No. 329-23 Setting the date for the public hearing on Amendment No. 1 to the Fiscal Year 2024 Budget for theCity of Dubuque................................................................................................................................389 No. 330-23 Disposing of property by Vacating City Interest in a Portion of an Access and Trail Easement Over and Across Lot 1 of DBQ Industrial Center South Fourth Addition, in the City of DBQ, IA .............390 No. 331-23 Approving the First Amendment to Grant Agreement between the City of Dubuque Iowa, and Virtual Velocity, LLC., for the Rehabilitation of 1199 Central Avenue to provide the project a $300,000 loan to be amortized over 5 years at zero percent interest....................................................................391 No. 332-23 Awarding Public Improvement Construction Contract for the Chaplain Schmitt Island Trail Connection Project, Iowa DOT Project No. EDP-2100 (704)--7Y-31, to Midwest Concrete, Inc., of Peosta, IA, in the amount of $696,632.33, subject to Iowa DOT concurrence and approval of award ...............391 No. 333-23 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......................................393 No. 334-23 Authorizing the First Amendment to the CDBG Subrecipient Agreement Between the City of Dubuque and Mount Pleasant Home......................................................................................................394 No. 335-23 Approving the Fourth Amendment to Development Agreement Between the City of Dubuque, Iowaand 210 Jones, LLC..........................................................................................................................395 No. 336-23 Authorizing the filing of an Iowa Clean Air Attainment Program Application with the Iowa Department of Transportation (Iowa DOT) in partnership with Dubuque Metropolitan Area Transportation Study (DMATS) to assist with the funding of Smart Traffic Routing with Efficient and Effective Traffic Signals (STREETS) Improvements Phase II.....................................................................395 No. 337-23 Approving a U.S. Department of Commerce Economic Development Administration Disaster Relief Opportunity Grant for the Construction of a New Stormwater Pumping Station at the 16th Street DetentionBasin.......................................................................................................................................396 No. 338-23 Accepting a Grant of Easement for access and sidewalk over and across part of Lot 1 of Lot 9, Block 15, in Scenic View Heights No. 2, in the City of Dubuque, Iowa....................................................396 No. 339-23 Awarding Public Improvement Construction Contract for the Althauser St. Retaining Wall Repair Project..................................................................................................................................................... 397 Page 1332 of 2498 Book 153 INDEX 517 No. 340-23 Approving Plat of Survey of Lot 1-2 And 2-2 of Block 2 in River Front Subdivision No. 3, in the Cityof Dubuque, Iowa.............................................................................................................................397 No. 341-23 Approving applications for retail alcohol licenses, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits......................................................................................................................397 No. 342-23 Fixing the date for a Public Hearing of the City Council of the City of Dubuque, Iowa on 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 relating thereto, and providing for the publication of notice thereof................................................................................398 No. 343-23 Of Intent to Dispose of an 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 .... 399 No. 344-23 Authorizing and Directing the City Manager to Prepare an Urban Renewal Plan for the Emri Urban Renewal District and Setting the Date for a Public Hearing and Consultation on the Proposed Urban Renewal Plan for Said District.......................................................................................................400 No. 345-23 Approving the Disposal of an Interest in Real Property Owned by the City of Dubuque by Sale Pursuant to a Development Agreement with Union at the Marina, LP...................................................403 No. 346-23 Approving the Fifth Amendment to Development Agreement Between the City of Dubuque, Iowa, and Port of Dubuque LLC, Including the Proposed Issuance of Urban Renewal Tax Increment Revenue Obligations Relating Thereto, and Providing for the Publication of Notice Thereof ................404 No. 347-23 Approving a First Amendment to Grant Agreement by and Between the City of Dubuque, Iowa, and Nia Neighborhoods Opportunity Zone Fund, LLC Including the Issuance of Urban Tax Increment RevenueObligations...............................................................................................................................404 No. 348-23 Amending Current Budget for FY Ending June 2024 (Last Certified or Amended on 3-23-23) ..405 No. 349-23 Awarding Public Improvement Construction Contract for the U.S. Hwy 20 and Devon Drive FrontageRoad Project.............................................................................................................................407 No. 350-23 Awarding Sustainable Dubuque Grant to Bryant Elementary....................................................407 No. 351-23 Awarding Sustainable Dubuque Grant to Danielle Stowell........................................................407 No. 352-23 Awarding Sustainable Dubuque Grant to Dubuque Community School District .......................407 No. 353-23 Awarding Sustainable Dubuque Grant to Dubuque Rescue Mission Garden ............................407 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 procedures......................................412 No. 355-23 Approving the Third Amendment to the Economic Development Financial Assistance Contract by and among Medline Industries, Inc., MIRE DIA, LLC, the City of Dubuque, Iowa, and the Iowa Economic DevelopmentAuthority...........................................................................................................................413 No. 356-23 Approving the Sixth Amendment to Development Agreement between the City of Dubuque, Iowaand Port of Dubuque LLC................................................................................................................413 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..............................................414 No. 358-23 Approving the First Amendment to Purchase Agreement and Development Agreement between the City of Dubuque and Union at the Marina, LP..................................................................................414 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........................................................................414 No. 360-23 Approving Acquisition Plat of Lot 2A of Kerper Industrial Park No. 2, in City of DBQ, IA ........... 415 No. 361-23 Accepting Grants of Easement for Sanitary Sewer Utility through, over and across parts of Tamarack Subdivision and parts of the Southeast Quarter of Section 14, Township 88 North, Range 2 East of the 5t" p.m., in Dubuque County, Iowa........................................................................................415 No. 362-23 Authorizing the execution of Amendment No. 1 to Agreement with the Department of the Army to collaborate on stabilization and protection of the force main along the Mississippi River ................416 No. 363-23 Authorizing execution of CDBG Subrecipient Agreement with Four Mounds Foundation ........417 No. 364-23 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Andrew L. and SamanthaL. Schumacher........................................................................................................................417 No. 365-23 Adopting Supplement No. 2023 S-12 to the Code of Ordinances of the City of DBQ, la ...........418 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 obligations relating thereto and providing for the publication of notice thereof................................................................................418 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 Page 1333 of 2498 Book 153 INDEX 518 Enterprises, Inc., and providing for the publication of notice thereof....................................................419 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......................................................420 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 nonexclusive franchise to maintain and operate an electric franchise (transmission system) in the City of Dubuque, Iowa, for a period of 25 years ........................420 No. 370-23 (1) Approving the minimum requirements, competitive criteria, and offering procedures for the development and the sale of certain 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 proposals...........................................................................421 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 relating thereto, and providing for the publication of notice thereof..................................426 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.............................426 No. 373-23 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......................................429 No. 374-23 Authorizing the Housing and Community Development Director to execute an application for the Older Adult Home Modification Grant and authorizing the Housing and Community Development Director and the City Manager to approve the application....................................................................430 No. 375-23 Authorizing the First Amendment to the CDBG Subrecipient Agreement between the City of Dubuque and Dubuque Community Schools..........................................................................................430 No. 376-23 Accepting Deed to Real Property conveyed by DBQ County, IA to the City of DBQ, IA .............431 No. 377-23 Approving the Transfer of Roadway Jurisdiction Agreement (Agreement No. 2024-T1-002) with the Iowa Department of Transportation for the Plaza 20 Frontage Road...............................................431 No. 378-23 Approving Professional Services Consultant Contract with Nelson-Rudie & Associates, Inc. to complete the preliminary and final engineering design for the development of a project for the installation of a new replacement dehumidification system, a new arena HVAC and emergency generator system at the ImOn Ice Arena................................................................................................432 No. 379-23 Approving a 2022 Boating Infrastructure Tier 1 Grant Subrecipient Agreement (Agreement No. 24CRDFBGSCHO-0002) with the Iowa Department of Natural Resources to assist with maintenance dredgingat Dubuque Marina..................................................................................................................432 No. 380-23 Approving the Funding Agreement between the City of DBQ and Dubuque Marina, Inc. for the 2022 Boating Infrastructure Tier 1 Grant Agreement for maintenance dredging at Dubuque Marina ... 433 No. 381-23 Approving a Grant Funding Agreement with the U.S. Department of Transportation for a Raise Infrastructure Planning Grant.................................................................................................................433 No. 382-23 Approving a Federal -Aid Funding Agreement (6-23-RAISE-037) with the Iowa Department of Transportation for a RAISE Infrastructure Planning Grant......................................................................434 No. 383-23 Approving the Plat of Survey for Isaac Hanna 2nd Addition in the City of Dubuque, Iowa ......... 434 No. 384-23 Approving the Plat of Survey for Weber Acres 2nd Addition in the City of Dubuque, Iowa .......434 No. 385-23 Approving applications for retail alcohol licenses, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits......................................................................................................................435 No. 386-23 Authorizing and directing the City Manager to prepare an Amended and Restated Urban Renewal Plan, Version 2023.4 for the Greater Downtown Urban Renewal District and setting the date for a public hearing and consultation on the proposed Amended and Restated Urban Renewal Plan, Version 2023.4 for said district...............................................................................................................436 No. 387-23 Approving the Amended and Restated Urban Renewal Plan for the Emri Economic Development District..................................................................................................................................................... 446 No. 388-23 Approving a First Amendment to Development Agreement by and between the City of DBQ, la and 799 Main, LLC, including the issuance of Urban Tax Increment Revenue Obligations .....................447 No. 389-23 Approving a Development Agreement by and between the City of Dubuque, Iowa, and Vanguard Enterprises, Inc. including the issuance of Urban Tax Increment Revenue Obligations .........447 No. 390-23 Approving a Lease Agreement by and between the City of Dubuque, Iowa, and Dubuque Arboretum Association, Inc.....................................................................................................................448 No. 391-23 Approving the acquisition of real estate owned by the Esther J. Thome Estate at 2820 Brunswick Page 1334 of 2498 Book 153 INDEX 519 Street in the City of Dubuque..................................................................................................................454 No. 392-23 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......................................461 No. 393-23 Approving the Fiscal Year 2023 Urban Renewal Report for the City of Dubuque ......................462 No. 394-23 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Michael Hodge andAnnette Hall.....................................................................................................................................463 No. 395-23 Accepting the Wilbricht Lane Detention Basin Project and authorizing the payment of the contract amount to the contractor.........................................................................................................464 No. 396-23 Authorizing the filing of a grant application with the Dubuque Metropolitan Area Transportation Study Transportation Alternatives Program Grant to assist with funding the Bee Branch Multi -Use Trail ExtensionProject.....................................................................................................................................464 No. 397-23 Approving a Second Amendment to Development Agreement by and between the City of Dubuque, Iowa and 799 Main, LLC (Developer)......................................................................................465 No. 398-23 Approving the Second Amendment to Purchase Agreement and Development Agreement between the City of Dubuque, Iowa and Union at the Marina, LP..........................................................465 No. 399-23 Authorizing the city to collect delinquent grass and weed cutting and garbage collection charges in accordance with Title 6-4-3a and Title 6-8-2 of the Code of Ordinances of the City of DBQ, la .......... 466 No. 400-23 Authorizing the Director of Housing and Community Development to execute the acceptance of the Notice of Award of the CY2023 HAP Set -Aside Funds.......................................................................468 No. 401-23 Approving application for retail permit to sell Tobacco, Tobacco Products, Alternative Nicotine Products, and Vapor Products, as required by Iowa Code§453A.47A....................................................469 No. 402-23 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......................................473 No. 403-23 Approving an agreement between the City of Dubuque and ITC Midwest, LLC to operate an electric transmission system in the City of Dubuque..............................................................................474 No. 404-23 Accepting the 2023 Pavement Marking Project & authorizing the payment to the contractor 474 No. 405-23 Approving the Reservation of Easements by the City of Dubuque in connection with the Twin Ridge Sanitary Sewer Extension and Lagoon Abandonment Project ......................................................474 No. 406-23 Approving the Final Plat of Survey of Links Glen Place No. 2 in the City of Dubuque, Iowa ......475 No. 407-23 Authorizing the city to collect delinquent problem property charges in accordance with 14-1J1 International Property Maintenance Code Section 106.5 and/or Section 109.5 Code of Ordinances of the Cityof Dubuque, Iowa.............................................................................................................................475 No. 408-23 Approving applications for retail alcohol licenses, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits......................................................................................................................477 No. 409-23 Approving a Development Agreement by and among the City of Dubuque, 400 Ice Harbor, LLC, and Hodge Company Including the disposal of an interest in real property owned by the City of Dubuque by sale pursuant to the Development Agreement..................................................................................478 No. 410-23 Approving the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, Version 2023.4............................................................................................................478 No. 411-23 Approving an agreement between the City of Dubuque, Iowa and Kwik Trip, Inc. for construction of certain off -site public roadway and utility improvements at the intersection of Seippel Road and Airborne Road related to the proposed site improvements at said intersection ....................480 No. 412-23 Approving the Dubuque County Public Safety Answering Point Agreement between the City of Dubuque, Dubuque County, and the Dubuque County 911 Service Board.............................................482 REThinkWaste DBQ...........................................................................................................................................472 Rezone Request 114 E. 30th Street.........................................................................................................................................469 2987 Jackson Street......................................................................................................................................469 Property at 1061 Cedar Cross Road..............................................................................................................157 Property at 1064 and 1070 University Avenue.............................................................................................330 Propertyat 110 E. 30th Street.......................................................................................................................469 Property at 1301 Central Avenue.................................................................................................................158 Property at 1749 Churchill Drive..................................................................................................................361 Property at 1860 Hawthorne Street.....................................................................................................400, 423 Property at 190 North Crescent Ridge..........................................................................................................332 Propertyat 2000 Radford Road....................................................................................................................363 Propertyat 25 Bissell Lane...........................................................................................................................363 Propertyat 3465 Asbury Road......................................................................................................................364 Page 1335 of 2498 Book 153 INDEX 520 Property at 900 Alta Vista Street..................................................................................................................157 Propertyat Brehm Acres..............................................................................................................................151 Propertyin Weber Acres..............................................................................................................................269 Property of approximately 2.4-acre irregularly shaped site with frontage along Carter Road.......................91 Richard, Chris.....................................................................................................................................................239 Rink-Tec International, Inc., (Contractor)..........................................................................................................164 RisingStar Award............................................................................................................................................... 385 RiverviewCenter................................................................................................................................................272 Roadsand Bridges Magazine.............................................................................................................................357 Roling, Gabriella.................................................................................................................................................229 RootedTable event............................................................................................................................................350 Roseof Dubuque L.P., The.................................................................................................................................340 RotaryClub of Dubuque....................................................................................................................................186 RubySutton Day................................................................................................................................................460 Rusk, Lynn, Dubuque CROP Hunger Walk Treasurer........................................................................................356 RusticPoint Estates.............................................................................................................................. 11, 218, 324 Safety and Security Camera and Automated License Plate Reader ........................................... 139, 178, 179, 315 SageRoom, The................................................................................................................................................. 266 Sale of City -Owned Property...........................................................................................39, 78, 187, 249, 421, 477 ClarkDrive, 590............................................................................................................................................190 HendricksSite Property................................................................................................................................426 Lincoln Avenue, 612................................................................................................................... 55, 74, 88, 138 Lotat 590 Clarke Drive.................................................................................................................................167 Lots 2 and 3 of Chaplain Schmitt Island........................................................................................................378 QueenStreet, 2407...................................................................................................................... 135, 159, 181 WashingtonStreet, 1559......................................................................................................................186, 228 Sanger, Brian..............................................................................................................................................259, 276 Sanger, Whitney, Hawkeye Area Community Action Program(HACAP)............................................................163 Sanitary Sewer Asset Management Plan...........................................................................................................164 Sarazin, Melissa..........................................................................................................135, 136, 159, 160, 181, 182 Sawell, Allen.......................................................................................................................................................325 Scheller, David...................................................................................................................................................251 Schloz, Clark....................................................................................................................................... 117, 269, 284 SchmittIsland............................................................................................................................ 184, 256, 258, 434 Schmitt Island Development Corporation.........................................................................................................333 Schmitt, Mitchell, Childrens Cancer Connection Board Member......................................................................337 Schmitz, David, Iowa Arts Council Administrator................................................................................................74 Schneider, Cayla, Director of Mission Advancement and Community Relations, Crescent Community Health Center........................................................................................................................................................... 303 School Resource Officer (SRO)...................................................................................................................238, 306 Schultz, Paul...............................................................................................................................................332, 347 Schumacher, Andrew L. & Samantha L..............................................................................................................417 Section 8..................................................................................... 34, 35, 41, 90, 105, 122, 137, 242, 349, 457, 471 Seippel Warehouse, LLC.........................................39, 40, 68, 69, 88, 148, 149, 150, 151, 171, 172, 323, 360, 390 SELCO, Inc. (Contractor).....................................................................................................................................133 Seller, Carmella..................................................................................................................................................229 Sempf, Ryan, Dubuque Area Chamber of Commerce Vice President of Government and External Affairs ........58 Seth, Andrew, Sustainable Strategies DC.......................................................................................................9, 319 Settlement Agreement........................................................................................................ 76, 246, 247, 265, 279 Seven (7) Hills Brewing Co, LLC..........................................................................................................................247 Seven Hundred Ninety -Nine (799) Main, LLC.................................................................... 266, 283, 418, 447, 465 Sewell, Emily......................................................................................................................................................376 Shannon, Skyi Lynne..........................................................................................................................................229 Shannon's Bar & Grill.........................................................................................................................................280 Sheehan, Jenny, Domestic Violence Victim Advocates, Waypoint....................................................................393 Shenanigans......................................................................................................................................................... 77 Page 1336 of 2498 Book 153 INDEX 521 ShotTower Inn...................................................................................................................................................144 Shukert, Marty, RDG Planning and Design Urban Planner.................................................................................384 Sid's Beverage Store Inc.....................................................................................................................................247 Sidewalk Installation and Repair........................................................................................................................147 Signed Contract(s) ...... 13, 50, 86, 133, 143, 165, 184, 216, 219, 244, 279, 309, 325, 360, 387, 416, 431, 469, 476 Silos & Smokestacks National Heritage Area's Large Grant...............................................................................357 SimmonsPet Food, Inc........................................................................................................................................69 SimmonsWarehouse.........................................................................................................................................229 Simon, Daniel.....................................................................................................................................................454 SIMSProperties, LLC..........................................................................................................................................332 Singletary, Lloyd, Owner at 1199 Central Ave...................................................................................................391 Sister Marilou Irons, Tri-State Coalition Against Human Trafficking and Slavery ..................................................1 Sitzmann, Thomas and Sandra...........................................................................................................................276 Sloan, Donald.....................................................................................................................................................303 Small Business Assistance Program...................................................................................................................387 Small Business Grant Program...........................................................................................................................315 Small Community Air Service Development (SCASD) Program.......................................................................... 390 Smart Parking & Mobility Master Plan..............................................................8, 28, 229, 301, 317, 350, 352, 384 Smart Traffic Routing with Efficient & Effective Traffic Systems (STREETS) ............................................... 395,428 Smart, Emily, Blackstone Environmental...........................................................................................................179 Smith, David...............................................................................................................................................429, 461 Smith, Robert, Talon, LLC...................................................................................................................................148 Smokestack................................................................................................................................................186, 412 SOO Green HVDC Link ProjectCo, LLC................................................................................................ 420, 448, 454 Sorsen, Katherine...............................................................................................................................................347 South Pointe Planned Unit Development..........................................................................................................437 SouthendTap.....................................................................................................................................................325 Spahn, Matt, Dubuque Stamping......................................................................................................................470 Specia101ympics..................................................................................................................................................28 Special Services Grant Program.........................................................................................................................306 Special Warranty Deed..............................139, 160, 181, 228, 399, 415, 427, 431, See Deed and Warranty Deed SpeedStudy Data...............................................................................................................................................240 SpencerGifts, LLC.............................................................................................................................................. 221 SportstersPub & Grub.........................................................................................................................................13 SS Event Center LLC - Marita Theisen Childcare Center.....................................................................................309 St. John's Almost Home..................................................................................................................... 339, 350, 387 St. Joseph Drive, 10461......................................................................................................................................417 St. Mark Youth Enrichment.................................................................................176, 185, 241, 272, 301, 339, 350 Staffing Change Request...........................................................................................2, 13, 117, 277, 279, 394, 417 State and Tribal Assistance Grant (STAG)..........................................................................................................434 State Legislation/Property Tax Reform - Impact....................................................................................... 274,275 State Legislative Priorities..................................................................................................................................435 State of Iowa Annual Financial Report...............................................................................................................430 Steffensmeier, LaVonne.....................................................................................................................................259 Stegall, Teresa....................................................................................................................................................276 StegerHeights Plat 3..........................................................................................................................................244 Stewart, R.R.S......................................................................................................................................48, 137, 337 StoneCliff Winery......................................................................................................................................144, 186 StonemanRoad........................................................................................................................... 12, 32, 52, 55, 78 Stowell, Danielle................................................................................................................................................409 StrandAssociates, Inc..........................................................................................................................................13 STREETS Program....................................................................................................................... 391, 395, 396, 428 Streff, Chad A. and Kymberly A.......................................................................................................... 322, 330, 332 Strohm, Tessie.....................................................................................................................................................81 Subrecipient Agreement ........................................... 4, 54, 128, 182, 216, 244, 309, 339, 382, 387, 394, 417, 430 SUDAS................................................................................................................................................................ 427 SuperStop Stores.............................................................................................................................. 186, 220, 221 Supple, Peter, Community Foundation of Greater Dubuque.............................................................................163 Sustainable Communities Program....................................................................................................................260 Page 1337 of 2498 Book 153 INDEX 522 Sustainable Dubuque..............................................................................8, 141, 172, 178, 184, 302, 349, 392, 407 SuttonPool..........................................................................................................................................................86 SwissValley Bee Club...........................................................................................................................................74 Switch Development, LLC.......................................................................................................... 14, 15, 41, 42, 143 Switch Homes Housing Urban Renewal Area.................................................................... 223, 267, 268, 270, 298 Switch Homes, LLC............................................................................................................. 222, 223, 249, 250, 252 Szalkowski , Jeffrey M. and Tricia M..................................................................................................................363 T TalonDevelopment, LLC............................................................................................................................139, 251 Talon, LLC a South Dakota Limited Liability Company, d/b/a Talon Development, Eagle Construction, Inc ....139, 145,148 TamarackBusiness Park...............................................................................................................................31, 415 Tann, Donovan...........................................................................................................................................429, 461 Tatro, Crystal, The People Associated with Lincoln School (PALS).....................................................................356 Tax Increment Financing (TIF) Report................................................................................................................462 TaxicabDriver Licensing.....................................................................................................................................480 Technology and Communications Committee (ITC)...........................................................................................460 Temperley Excavating Company, Inc.........................................................................................................263, 339 TempleBeth El...................................................................................................................................................163 TemporaryAgreement................................................................................................................ 37, 243, 387, 474 TexasRoadhouse...............................................................................................................................................280 Thill, Michael......................................................................................................................................................276 ThirdCorner.......................................................................................................................................................326 Thisis Iowa Ball Park, Inc...................................................................................................................................355 ThreeCMA Silver Circle Award...........................................................................................................................385 Thurston, Shyla..................................................................................................................................................215 Tiffany Court, Uphill Both Ways Road, Linger Longer Lane, and Holy Moly Place (all in Lot A) .........................252 TimothyStreet, 10400.......................................................................................................................................143 Tobacco Compliance Civil Penalty.....................................................................................................................310 Tobacco Compliance Settlement Agreement.................................................................................... 246, 247, 279 TobaccoOutlet Plus...........................................................................................................................................221 Top Grade Excavating, Inc.......................................................................................................... 142, 256, 309, 476 Towneplace Suites By Marriott..........................................................................................................................477 Townsend, Tom, Dubuque Building and Construction Trades Council......................................................140, 412 Traffic Safety Improvement Grant.....................................................................................................................324 Transferof Funds...............................................................................................................................................242 Transfer of Roadway Jurisdiction.......................................................................................................................431 Transit Advisory Board Membership.........................................................................................................................................267, 283 Minutes........................................................................................................................................................385 Transportation Alternatives Program (TAP).......................................................................................................464 Trash Cart Exemption Program..........................................................................................................................238 Travel Dubuque....................................................................................................47, 256, 274, 319, 351, 355, 481 TravelingTapster LLC.........................................................................................................................................166 TreeCity USA.....................................................................................................................................................474 TreesForever.....................................................................................................................................................140 Tricarico, Joyce M. and Michael.........................................................................................................................183 Trieweiler, Denise................................................................................................................................................10 Tri-State Christian School...................................................................................................................................172 Tri-State Independent Blind Society..................................................................................................................280 Truck Purchase - Solid Waste, Auto Side Loader...............................................................................................306 Tschiggfrie Excavating, Co...................................................................................334, 386, 387, 397, 416, 469, 476 Tung, Tuan Dr., ICMA YSEALI Fellow..................................................................................................................180 TwentyEight (28) E Agreement.........................................................................................................................357 Tyler, Liz, The People Associated with Lincoln School (PALS)............................................................................356 Page 1338 of 2498 Book 153 INDEX 523 T U.S. Army Corps of Engineers (USACE).............................................................................................. 309, 394, 416 U.S. Bank, Minneapolis, Minnesota.............................................................................................................49, 321 U.S. Department of Agriculture (USDA).............................................................................................................182 U.S. Department of Commerce.......................................................................................................... 316, 390, 396 U.S. Department of Housing and Urban Development (HUD) . 37, 46, 75, 137, 138, 305, 340, 349, 358, 430, 468, 470 U.S. Department of the Army.................................................................................................................... 309,416 U.S. Economic Development Administration(EDA)...........................................................................................396 U.S. Environmental Protection Agency................................................................................................................85 U.S. Fish and Wildlife Service.....................................................................................................................308, 338 U.S. Peroxide, LLC(USP).....................................................................................................................................479 U.S.D.A. Forest Service Urban & Community Forest Program Grant.........................................................256, 382 Ubl, Athena, Clarke University basketball team member..................................................................................126 Union at the Marina, LP..................................................................................................... 353, 397, 403, 414, 465 Unite Private Network(UPN).......................................................................................................................87, 165 United Nation's Climate Change Conference (COP28)......................................................................................472 UniversityAvenue, 1064............................................................................................................................ 322,331 UniversityAvenue, 1076....................................................................................................................................322 UniversityAvenue, 2095....................................................................................................................................265 Universityof Dubuque........................................................................................................................... 9,326,481 Universityof Iowa..............................................................................................................................................260 Urban Renewal Plans...........................................56, 77, 94, 95, 136, 138, 168, 169, 171, 226, 403, 436, 446, 478 Urban Renewal Tax Increment Revenue Grant Obligations .. 6, 14, 39, 41, 68, 148, 171, 187, 222, 223, 249, 266, 283, 342, 345, 346, 403, 418, 419, 421, 447, 477 USSLST 325........................................................................................................................................................ 355 V Vacate Easement for Sanitary Sewer Utilities...................................................................................................... 77,96 Excess cul-de-sac right-of-way......................................................................................................................177 National Street Right of Way................................................................................................ 278, 306, 310, 328 Portion of an Access and Trail Easement.............................................................................................. 360,390 Portion of Bies Drive..................................................................................................................... 277, 280, 314 Portion of Stoneman Road................................................................................................................. 52, 55, 78 Valentine Construction Co LLC................................................................................................... 165, 263, 322, 359 ValentinePlace No. 4.........................................................................................................................................143 VanCleave Family..............................................................................................................................................334 Vanguard Enterprises, Inc..........................................................................................................................419, 447 VaporCity Outlet...............................................................................................................................................221 Vault Restaurant And Cocktail Lounge, The.........................................................................................................13 VERSUS2.0.........................................................................................................................................................398 VeteransAffairs (VA)................................................................................................................................. 238,460 Veterans Memorial Park......................................................................................................................86, 217, 396 VibrantCredit Union....................................................................................................................................49, 321 Videos ........................................ 8, 9, 28, 46, 80, 114, 140, 161, 163, 257, 274, 317, 334, 349, 383, 385, 410, 427 ViDLSolutions............................................................................................................................................165, 476 VillaWall Settlement.........................................................................................................................................325 VinnyVanucchis Little Italy................................................................................................................................247 Virtual Velocity, LLC................................................................................................................... 391, 398, 399, 425 VoicesStudio.......................................................................................................................................................38 Voluntary Annexation BrehmAcres........................................................................................................................................... 88, 150 Butler Children's Garden Foundation, Inc., known as The Wanderwood Gardens .............................. 282,330 ChicorySt. 17257..........................................................................................................................................464 Lot14 of........................................................................................................................................................417 TimothySt. 10400.........................................................................................................................................143 Page 1339 of 2498 Book 153 INDEX 524 WeberAcres......................................................................................................................................... 224,268 VolunteerDBQ...............................................................................................................................................11, 76 W WageCompression............................................................................................................................................481 WalgreenStores................................................................................................................................................221 Walker, Dennis R........................................................................................................................ 278, 306, 310, 328 WalnutTap................................................................................................................................................ 221,247 Wanderwood Gardens, The............................................................................................See Voluntary Annexation Ward, Brian..........................................................................................................................................................30 WarehouseTrust, LLC....................................................................................................................................4, 144 Warranty Deed ..................................... 101, 110, 167, 190, 294, 323, 454, See Deed and Special Warranty Deed WashingtonStreet, 1559...........................................................................................................................186, 228 Washington, D.0.................................................................................................................... 46, 80, 140, 335, 428 Waste Minimization Annual Report...........................................................................................................427, 472 Water & Resource Recovery Center (W&RRC) Odor Abatement...................................................... 269, 316, 479 WaterQuality Report.........................................................................................................................................215 WaterRates.......................................................................................................................................................118 WayfarerCoffee.................................................................................................................................................186 Weitz, Gail..........................................................................................................................................................345 WestDubuque Tap............................................................................................................................................326 Westbrook Park Development............................................................................................................. 79, 347, 416 Westphal& Company, Inc.................................................................................................................................252 Westside Drive, 5300..............................................................................................................76, See Menards Inc. Weydert. David..................................................................................................................................................385 WhiskeyRiver..............................................................................................................................................77, 220 White Street, 1398............................................................................................................................. 132, 304, 388 White, Kevin, Walker Consultants, Parking and Mobility Consultant ..........................................................28, 352 Whitty, Sue, Mental Health America of Dubuque County.................................................................................163 W H KS & Co.................................................................................................................................... 7, 310, 416, 431 WickedDame.....................................................................................................................................................398 WickedRiver......................................................................................................................................................436 Williams, Brooklyn.....................................................................................................................................229, 382 Williams -Robinson, Dereka........................................................................................................................281, 313 VA YahooFinance Article........................................................................................................................................418 Yamaha Motor Finance Corporation, U.S.A.......................................................................................................133 YenChing Restaurant.........................................................................................................................................398 YourPie..............................................................................................................................................................436 Z Zoning Advisory Commission Membership................................................................................................................................. 226, 248, 313 Minutes....................................................................... 10, 48, 84, 141, 214, 241, 320, 356, 393, 429, 461, 473 Recommendation ...........142, 143, 306, 330, 332, 357, 358, 361, 363, 364, 366, 376, 400, 434, 435, 469, 475 Reviewed....................................68, 91, 157, 158, 244, 269, 331, 332, 362, 363, 364, 376, 377, 440, 446, 470 TabledItem...................................................................................................................................................249 Zoning Board of Adjustment Appointments...........................................................................................................................................41, 57 Membership................................................................................................................................................. 313 Minutes......................................................................... 1, 48, 84, 141, 214, 241, 276, 320, 356, 412, 429, 461 Reviewed..................................................................................... 65, 90, 93, 322, 372, 402, 425, 439, 444, 445 Zull, Heidi.............................................................................................................................................................81 Page 1340 of 2498