The URL can be used to link to this page

Approval of 2024 City Council Official ProceedingsCopyrighted August 4, 2025 City of Dubuque CONSENT ITEMS # 5. City Council ITEM TITLE: Approval of 2024 City Council Official Proceedings SUMMARY: City Clerk recommending City Council approval of the 2024 City Council Official Proceedings. SUGGUESTED Receive and File; Approve DISPOSITION: ATTACHMENTS: 1. City Clerk's Memo 2. 2024 Proceedings Page 80 of 1311 Dubuque City Clerk's Office THE CITY OF 46 City Hall 01 DUB EI All-AmericaCiq 1 I F 11. 50 W. 13th Street Dubuque, IA 52001-4845 (563) 589-4120 office (563) 589-0890 fax Masterpiece on the Mississippi 2007-2012.2013 2017*2019 ctyclerk@cityofdubuque.org www.cityofdubuque.org TO: Mayor Brad M. Cavanagh and City Council Members FROM: Adrienne N. Breitfelder, City Clerk DATE: July 24, 2025 SUBJECT: 2024 City Council Official Proceedings The City Clerk's Office is submitting the 2024 City Council Official Proceedings for City Council approval. In accordance with Title 1-6A-4 of the City of Dubuque Code of Ordinances, the City Clerk's Office is responsible for compiling the official record of City Council proceedings each calendar year. This compilation includes the minutes of all regular and special City Council meetings held from January through December, along with the full text of all resolutions and ordinances adopted. Additionally, a comprehensive subject index is included. Once complete, the compiled proceedings are submitted to the City Council for approval and then sent for printing and binding. The bound volume serves as the permanent official record of City Council actions for that 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 Carnegie -Stout Public Library. The two remaining copies are given 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 City staff. Currently, the Official Proceedings available on the web page date from 1907 to present. I respectfully request Mayor and City Council approval of the 2024 City Council Official Proceedings. Page 81 of 1311 OFFICIAL PROCEEDINGS of the CITY COUNCIL for the CITY OF DUBUQUE, IOWA. C�-- 2024 Approved XXXXXXXX, 2025 Recorded and prepared by Adrienne N. Breitfelder, CMC, City Clerk Trish L. Gleason, MMC, Assistant City Clerk Page 82 of 1311 Page 83 of 1311 CITY OFFICERS FOR THE YEAR 2024 BRAD M. CA VANA GH MAYOR COUNCIL MEMBERS RIC W. JONES ........................COUNCIL MEMBER AT -LARGE DAVID T. RESNICK.................000NCIL 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 Page 84 of 1311 Page 85 of 1311 CITY OFFICERS FOR THE YEAR 2024 COUNCIL APPOINTEES CITY MANAGER............................................................................................... MICHAEL C. VAN MILLIGEN CITY CLERK................................................................................................... ADRIENNE N. BREITFELDER CITY ATTORNEY....................................................................................................CRENNA M. BRUMWELL DEPARTMENT DIRECTORS ASSISTANT CITY MANAGER..........................................................................................CORI L. BURBACH AIRPORT DIRECTOR....................................................................................................... TODD E. DALSING CHIEF FINACIAL OFFICER......................................................................................JENNIFER M. LARSON CITY ENGINEER...............................................................................................................GUS N. PSIHOYOS CHIEF OF EQUITY AND HUMAN RIGHTS .................................................. GISELLA M. AITKEN-SHADLE ECONOMIC DEVELOPMENT DIRECTOR....................................................................... JILL M. CONNORS EMERGENCY COMMUNICATIONS DIRECTOR.................................JESSICA M. GEORGE-RETHWISCH FIRE CHIEF......................................................................................................................AMYR. SCHELLER HOUSING AND COMMUNITY DEVELOPMENT DIRECTOR ......................................... ALEXIS M. STEGER CHIEF HUMAN RESOURCES OFFICER............................................................... SHELLEYM. STICKFORT CHIEF INFORMATION OFFICER.......................................................................CHRISTINE A. KOHLMANN LEISURE SERVICES DIRECTOR......................................................................................... MARIE L. WARE LIBRARY DIRECTOR.......................................................................................................NICK L. ROSSMAN OFFICE OF COMMUNITY IMPACT DIRECTOR ...................... ANTONIO J. MOUZON (July to December) OFFICE OF SHARED PROSPERITY & NEIGHBORHOOD SUPPORT DIRECTOR ..... ANDERSON SANICI PLANNING SERVICES DIRECTOR........................................................................ WALLY C. WERNIMONT POLICE CHIEF...............................................................................................................JEREMYR. JENSEN PUBLIC HEALTH DIRECTOR................................................................................MARY ROSE CORRIGAN PUBLIC INFORMATION OFFICER.....................................................................................RANDYW. GEHL PUBLIC WORKS DIRECTOR...........................................................................................ARIELLEE. SWIFT STRATEGIC PARTNERSHIPS DIRECTOR................................................................. TERI H. GOODMANN SUSTAINABILITY DIRECTOR................................................................................................. GINA S. BELL TRANSPORTATION SERVICES DIRECTOR................................................................ RYAN C. KNUCKEY WATER DEPARTMENT DIRECTOR...................................................................CHRISTOPHER J. LESTER WATER & RESOURCE RECOVERY CENTER DIRECTOR ....................................... DERON L. MUEHRING 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 86 of 1311 Page 87 of 1311 lar Session, January 3, 2024 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, 2024, 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 Attorney Brumwell. Mayor Cavanagh read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE SWEARING IN 1. Swearing -In of Council Members -Elect and Mayor Pro Tem: Mayor Cavanagh swore - in Council Members -Elect David T. Resnick, Laura J. Roussell, Katy A. Wethal; and Mayor Pro Tern Ric W. Jones. PROCLAMATION(S) 1. Human Slavery and Human Trafficking Prevention Month (January 2024) was accept- ed by Marilou Irons on behalf of the Tri-State Coalition Against Human Trafficking. 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 December 18, 2023; Civil Service Commission of December 13, 2023; Library Board of Trustees Update of November 16, 2023; Zoning Board of Adjust- ment of December 14, 2023. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Chris Berntgen 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, Book 154 the agent for the Iowa Communities Assurance Pool: Ryan Berger for vehicle damage; Chris Berntgen for vehicle damage; Shelly Francois for vehicle damage and personal injury. Upon motion the documents were received, filed, and concurred. 4. Approval of City Expenditures: Upon motion the documents were received and filed, and Resolution No. 1-24 Authorizing the Chief Financial Officer/City Treasurer to make cer- tain payments of bills that must be paid and approved for payment in accordance with City procedures was adopted. RESOLUTION NO. 1-24 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 generally accepted internal control procedures and have been determined to have been req- uisitioned for a lawful municipal purpose; and Whereas, the Chief Financial Officer -City Treasurer has provided a list of Expenditures attached hereto, and by this reference made a part hereof, to be drawn to pay for goods and services provided for City purposes; and Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142-18 adopted May 7, 2018, authorized the Chief Financial Officer -City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. 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 IA. Code Section 372.13(6), the City Clerk and Chief Financial Officer are hereby authorized and directed to provide the statement of receipts Page 88 of 1311 Book 154 Regular Session, January 3, 2024 2 and disbursements to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 31d day of January 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Purchase Agreement with Dubuque Community School District as part of the Al- thauser Street Watermain and Sanitary Sewer Reconstruction Project: Upon motion the doc- uments were received and filed, and Resolu- tion No. 2-24 Approving a Purchase Agree- ment between the City of Dubuque, IA. and Dubuque Community School District for Pur- chase of Rights of Way and an Easement along Althauser Street and Eagle Street as part of the Althauser Street Watermain and Sanitary Sewer Reconstruction Project was adopted. RESOLUTION NO. 2-24 APPROVING A PURCHASE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IA., AND DUBUQUE COMMUNITY SCHOOL DISTRICT FOR PURCHASE OF RIGHTS OF WAY AND AN EASEMENT ALONG AL- THAUSER STREET AND EAGLE STREET AS PART OF THE ALTHAUSER STREET WATERMAIN AND SANITARY SEWER RE- CONSTRUCTION PROJECT Whereas, as part of the Althauser Street Watermain and Sanitary Sewer Reconstruction Project, certain rights of way and easement acquisitions are necessary for the future own- ership and maintenance of the existing and proposed public utilities along Althauser Street and Eagle Street; and Whereas, certain areas of existing public sidewalk and associated curb ramps in the project area are located within property owned by Dubuque Community School District along Althauser Street and Eagle Street and by City standards should be located within a public street right of way; and Whereas, the City of Dubuque (City) and the Dubuque Community School District (DCSD) have agreed that the right of way and easement acquisitions are necessary for the construction project, long-term maintenance of the public utilities, and to ensure that the public sidewalks are located within public street rights of way; and Whereas, the City has negotiated a Pur- chase Agreement, subject to City Council ap- proval, with DCSD for the right of way and easement acquisitions associated with the 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 attached here- to. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The Purchase Agreement be- tween City and DCSD attached hereto is here- by approved. Passed, Approved, and Adopted this 3rd day of January 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Follow Up on TIF Issue Related to Gar- dens of Dubuque Project: City Manager rec- ommended City Council approval to allocate $34,595.38 from the City's Fiscal Year 2023 General Fund savings to cover the Gardens of Dubuque Project TIF payments for November 2023 and May 2024. Upon motion the docu- ments were received, filed, and approved. 7. Approval of Termination Agreement of Iowa Economic Development Authority Master Contract P0806MO1734 / Funding Agreement 08-EZ-036 with Morrison Brothers Company: Upon motion the documents were received, filed, and approved. 8. Signed Contract(s): Statement of Work, Service Level Agreement, and Master Ser- vices Agreement Amendment with Milestone Systems. Upon motion the documents were received and filed. 9. Old Highway Road Water Main Connec- tion Loop 2023 Project Acceptance and Reso- lution: Upon motion the documents were re- ceived and filed, and Resolution No. 3-24 Ac- cepting Public Improvement Contract for the Old Highway Road Water Main Connection Loop Project 2023 was adopted. RESOLUTION NO. 3-24 ACCEPTING PUBLIC IMPROVEMENT CON- TRACT FOR THE OLD HIGHWAY ROAD WATER MAIN CONNECTION LOOP PRO- JECT 2023 Whereas, the public improvement contract for the Old Highway Road Water Main Con- nection Loop Project 2023 (the Project) has been completed by the Contractor, Top Grade Excavating of Farley, IA., (Contractor), the Water Department Director has examined the work and recommends that the Project be ac- cepted; and Whereas, the final contract amount is $673,871.31 of which retainage in the amount $33,693.57 shall be held for 30 days after ac- ceptance and approval, and paid at that time provided no claims from others are filed; and Whereas, the City Council finds that the recommendation of the Water Department Manager should be accepted. Page 89 of 1311 Book 154 Regular Session, January 3, 2024 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The recommendation of the Wa- ter Department Director 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 final payment of $33,693.57 as provided in IA. Code chapter 573.13. Passed, adopted, and approved this 3rd day of January 2024. Brad Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 10. January/February 2024 Issue of City News Newsletter: Upon motion the documents were received and filed. 11. Parks and Recreation Advisory Com- mission Recommendation for Naming English Ridge and Westbrook Estates Subdivision Parks: Park and Recreation Commission rec- ommended the name of English Ridge Park for English Ridge subdivision park and Westbrook Park for the Westbrook Estates subdivision park. Upon motion the documents were re- ceived, filed, and approved. 12. Fiscal Year 2024 28E Agreement with Iowa Alcoholic Beverages Division (I - PLEDGE): 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 Wethal. Motion carried 7-0. Proceedings to Set Public Hearing on the Issuance of Not to Exceed $3,200,000, State Revolving Fund Sewer Revenue Loan: Upon motion the documents were received and filed and Resolution No. 4-24 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 $3,200,000 was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on January 16, 2024 in the Historic Federal Building. RESOLUTION NO. 4-24 RESOLUTION TO FIX A DATE FOR A PUB- LIC HEARING ON PROPOSAL TO ENTER INTO A SEWER REVENUE LOAN AND DIS- BURSEMENT AGREEMENT AND TO BOR- ROW MONEY THEREUNDER IN A PRINCI- PAL AMOUNT NOT TO EXCEED $3,200,000 Whereas, the City of Dubuque (the "City"), in Dubuque County, State of IA., did heretofore establish a Municipal Sanitary Sewer System (the "Utility") in and for the City which has con- tinuously supplied sanitary sewer service in and to the City and its inhabitants since its establishment; 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 attached outstanding debt certificate, and a portion of such prior sewer revenue debt re- mains outstanding (the "Outstanding Indebt- edness"); 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 $3,200,000, 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 im- provements 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, IA., AS FOLLOWS: Section 1. This City Council shall meet on January 16, 2024, at 6:30 p.m., at the Historic Federal Building, 350 W. 6'h St, Second Floor Council Chambers, at which time and place a hearing will be held and proceedings will be instituted and action taken to enter into the Agreement. Section 2. The City Clerk is hereby di- rected to give notice of the proposed action on the Agreement setting forth the amount and purpose thereof, the time when and place where the said meeting will be held, by publi- cation 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 circulation in the City. The notice shall be in substantially 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 Page 90 of 1311 Book 154 Regular Session, January 3, 2024 4 cost approximately $3,200,000, (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 Resolu- tion 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 defined in Section 1.150- 2(f)(2) of the Regulations, no expenditures for the Project have heretofore been made by the City and no expenditures will be made by the City until after the date of this Resolution or a prior intent resolution of the City, and (c) that the City reasonably 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, adopted, and approved this 3rd day of January 2024. 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. Building Code Advisory and Appeals Board: Four, 3-Year Terms through January 1, 2027 (Expiring Terms of Brown for Alternate Electrical Construction Professional, Town- send for Electrical Construction Professional, Valaskey for HVAC Construction Professional, Wilderding for Multidisciplinary Representative, McNamer for Plumbing Construction Profes- sional). Applicants: Adam Brown, 686 S. Grandview Ave. (Qualifies for Electrical Con- struction Professional and Alternate Electrical Construction Professional); Phillip Heim, 911 Tressa St. (Qualifications to be confirmed by the 1/16 City Council meeting); Thomas Town- send, 1940 Amelia Dr. (Qualifies for Electrical Construction Professional and Alternate Elec- trical Construction Professional); Corey Valas- key, 1385 Alta Vista St. (Qualifies for HVAC Construction Professional and Alternate HVAC Construction Professional). Mr. Brown virtually spoke in support of his application and provid- ed a brief biography. 2. Equity and Human Rights Commission: One, 3-Year Term through January 1, 2027 (Expiring Term of Sampson Brown). Appli- cants: Rick Baumhover, 601 Garfield Ave.; David Heiar, 805 Carriage Hill Dr.; Theresa Sampson Brown, 2285 Clydesdale Ct. This commission is subject to the State of Iowa Gender Balance Law §69.16A. 9 Commission- ers total; currently 4 males/2 females/3 open- ings. City Clerk Breitfelder provided back- ground information on Iowa Code §69.16A and how those requirements resulted in two open- ings on the commission being advertised for 90 days while nonmale identifying applicants were sought. 3. Housing Appeals and Mediation Board: Four, 3-Year Terms through January 1, 2027 (Expiring Terms of Gotz, Hoffmann, Spence, and Sutton). Applicants: Mary Gotz, 1844 Bennett St.; Wendy Hopp, 2193 Southway Dr.; Luke Hoffmann, 991 June Dr.; Lynn Sutton, 445 Nevada St. Ms. Sutton spoke in support of her application and provided a brief biography. PUBLIC INPUT Catherine Sorenson, 2613 Jackson St., vir- tually spoke about concerns with area property management companies not abiding by evic- tion timeframe requirements. ACTION ITEMS 1. 3000 Jackson Dubuque Brewing and Malting Project Update: Motion by Sprank to receive and file the documents and listen to the presentation. Seconded by Resnick. Assis- tant Housing and Community Development Director Michael Belmont provided a status update on the Dubuque Brewing and Malting project at 3000 Jackson Street. Responding to questions from the City Council, Mr. Belmont stated that the area proposed for demolition is considered the area of greatest concern and that the city would promptly reopen the sur- rounding streets after demolition took place. City Manager Van Milligen stated that the de- veloper, Steve Emerson, sent an email pro- posing the city invest $500,000 in the demoli- tion of the structure. City Manager Van Milligen stated that he told Mr. Emerson that he could attend the City Council meeting to make that proposal directly to the City Council, and fur- ther stated that he would not recommend that proposal. City Council Members stated that since Mr. Emerson was not in attendance, they did not want to discuss the proposal until it was formally requested from them. Mr. Bel- mont emphasized that the city has not re- ceived a demolition application yet. City Coun- cil Members requested an update at the next City Council meeting. Motion carried 7-0. Page 91 of 1311 Book 154 Regular Session, January 3, 2024 5 2. City Council Appointments to Boards and Committees: Motion by Roussell to re- ceive and file the documents and refer to the City Council. Seconded by Farber. Respond- ing to a question from the City Council, City Clerk Breitfelder stated that the Convention and Visitors Bureau — Travel Dubuque — Advi- sory Board has been renamed to the Outreach Committee and that the committee plans to meet quarterly. After discussion, the City Council determined to replace Council Mem- ber Farber's term on Greater Dubuque Devel- opment Corporation's Board of Directors with Council Member Sprank, and to replace Coun- cil Member Sprank's term on the Convention and Visitors Bureau — Travel Dubuque — Out- reach Committee with Council Member Wethal. Motion by Jones to make appoint- ments as discussed. Seconded by Farber. Point of order by Cavanagh on whether the council must amend and vote on the current motion, which was confirmed by City Attorney Brumwell. Motion withdrawn by Jones. Motion amended by Roussell to receive and file the documents and make appointments as dis- cussed. Seconded by Farber. Motion carried 7-0. 3. City Lease of Property from Dubuque Childcare Collaborative, LLC: Motion by Jones to receive and file the documents and adopt Resolution No. 5-24 Approving a Lease be- tween the City of Dubuque and Dubuque Childcare Collaborative, LLC. Seconded by Resnick. Chief Information Officer Chris Kohl- mann and Greater Dubuque Development Corporation's Strategic Initiative Consultant Dave Lyons made a presentation and re- sponded to a question from the City Council regarding potential revenues from co -location with other entities. City Council Members ref- erenced the 911 Emergency Communications Center also moving to the same building and expressed enthusiasm for the city's future use of the property. Motion carried 7-0. RESOLUTION NO. 5-24 APPROVING A LEASE BETWEEN THE CITY OF DUBUQUE AND DUBUQUE CHILDCARE COLLABORATIVE, LLC Whereas, Dubuque Childcare Collabora- tive, LLC (DCC), a wholly owned subsidiary of Dubuque Initiatives, is the owner of the Prop- erty at 7900 Chavenelle Road, in the City of Dubuque, IA.; and Whereas, the building on the property is a multiunit condominium project known as the Learning Campus Condominiums (the Pro- ject); and Whereas, the City of Dubuque has entered into a proposed Lease of Unit 4 of the Project to be occupied by City's IT Department, Traffic Department and Shared Data Center; and Whereas, the Lease is for a Term of five years with an option to purchase Unit 4 at the end of the Term; and Whereas, the City Council finds that it is in the best interests of the City of Dubuque to approve the Lease. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. AS FOLLOWS: Section 1. The Lease is hereby approved. Section 2. The Mayor is hereby authorized and directed to sign the Lease on behalf of the City of Dubuque. Section 3. The City Manager is hereby au- thorized and directed to take such actions as may be necessary to carry out the terms of the lease. Passed, approved, and adopted this 3rd day of January 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Request for Proposals: Automated Speed Enforcement: Motion by Jones to re- ceive and file the documents and approve re- leasing the attached request for proposal (RFP) which outlines the services the City will require from a vendor to accommodate and facilitate the new City of Dubuque Ordinance for Automated Speed Enforcement. Seconded by Sprank. Responding to questions from the City Council, Police Chief Jeremy Jensen stat- ed that the automated speed enforcement policy will come before the City Council at a later date and that the previously adopted au- tomated speed enforcement ordinance will be included with the RFP. Responding to a ques- tion from the City Council, City Manager Van Milligen clarified that the request before the City Council is to vote on the issuance of the RFP. City Manager Van Milligen stated that city staff have noticed certain wording chang- es, none of which are substantive, that will be made before the RFP is issued. City Council Members identified the following wording er- rors in the RFP that should be replaced: Pg. 3: District Court of Marshall County; Pg. 5: City of Marshalltown; Pg. 7: Rall; Pg. 13: City of Mar- shalltown; Pg. 14: Marshall County District Court. Responding to a question from the City Council, City Attorney Brumwell stated that multiple contracts were reviewed to compile the most robust and up to date information in the RFP. City Council Members discussed the possibility of the identified vendor funding a marketing campaign for the city's automated speed enforcement and how that could poten- tially increase the vendor's cost. City Council Members concluded that the motion should include the suggested changes to the RFP. Motion amended by Jones to receive and file Page 92 of 1311 Special Session, January 16, 2024 Book 154 the documents and approve releasing the RFP with the changes discussed. Seconded by Sprank. Motion carried 6-1 with Resnick voting nay. COUNCIL MEMBER REPORTS Mayor Cavanagh wished everyone a hap- py new year. Council Member Resnick expressed his appreciation for including the families of coun- cil member -elects in their swearing -in ceremo- nies. Council Member Jones reported on recent- ly flying to Orlando, Florida from the Dubuque Regional Airport via Avelo Airlines. ADJOURNMENT 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 5:30 p.m. on January 16, 2024, 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, Senior Counsel Lindahl. 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 Carnegie Stout Public Library's Space Needs Assessment. WORK SESSION Carnegie -Stout Public Library Space Needs Assessment Carnegie -Stout Public Library Director Nick Rossman; FEH Design Principal Christy Monk; and FEH Design Principal in Charge Kevin Eipperle made a presentation on the Carnegie - Stout Public Library Space Needs Assess- ment. The presenters responded to questions from the City Council regarding proposed staff office locations and the potential phases of the library's redesign. City Council Members pro- vided input on the current structure and loca- tion of the library and summarized their annual goal setting process to establish priorities. There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:28 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk Page 93 of 1311 ular Session, J 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 16, 2024, in the second -floor Council Chambers of the His- toric Federal Building, 350 W. 6t' Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, Senior Counsel Lindahl. Mayor Cavanagh read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PROCLAMATION(S) 1. RAM Female Student -Athletes Golden Jubilee Celebration (January 26-27, 2024) was accepted by Council Member Farber and Stephanie Valentine on behalf of Dubuque Senior High School Female Student -Athletes. 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 December 29, 2023, and January 3, 2024; Arts and Cultural Affairs Commission of November 28, 2023; Zoning Advisory Commission of January 4, 2024, Proof of publication for City Council Proceed- ings of December 4, 2023, and December 18, 2023. Upon motion the documents were re- ceived and filed. 2. Notice of Claims and Suits: Mike Muench 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: Mike Muench for property damage. Upon motion the documents were received, filed, and concurred. 16, 2024 Book 154 4. Approval of City Expenditures: Upon motion the documents were received and filed, and Resolution No. 6-24 Authorizing the Chief Financial Officer/City Treasurer to make cer- tain payments of bills that must be paid and approved for payment in accordance with City procedures was adopted. RESOLUTION NO. 6-24 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 generally accepted internal control procedures and have been determined to have been req- uisitioned for a lawful municipal purpose; and Whereas, the Chief Financial Officer -City Treasurer has provided a list of Expenditures attached hereto, and by this reference made a part hereof, to be drawn to pay for goods and services provided for City purposes; and Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142-18 adopted May 7, 2018, authorized the Chief Financial Officer -City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. 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 Financial Officer are hereby authorized and directed to provide the statement of receipts and disbursements to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 16th day of January 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk Page 94 of 1311 Book 154 Regular Session, January 16, 2024 8 5. Five Flags Pyrotechnic Permit Request: City Manager recommended City Council ap- proval of a Pyrotechnic Permit Application submitted by the Five Flags Center for a pyro- technics display on February 3, 2024, during the Pork Tornados performance. Upon motion the documents were received, filed, and ap- proved. 6. Curbside Set -Out Reminders Brochure: Upon motion the documents were received and filed. 7. Water Resource & Recovery Center Maintenance Support Position Request: City Manager recommended City Council approval to add a non-exempt (hourly), part-time (0.25 FTE), maintenance supervisor position within the Water & Resource Recovery Center De- partment to assist with identifying and prioritiz- ing maintenance needs at the Water & Re- source Recovery Center (WRRC) and the twenty-eight (28) sanitary sewer lift stations throughout the city. Upon motion the docu- ments were received, filed, and approved. 8. Request for Proposals for the Kerper Blvd Lift Station Project: Upon motion the doc- uments were received, filed, and approved. 9. Iowa Finance Authority (IFA) Housing Trust Fund Award: Upon motion the docu- ments were received and filed, and Resolution No. 7-24 Authorizing the Housing and Com- munity Development Director and the City Manager to Approve the Award of Local Hous- ing Trust Funds from the Iowa Finance Author- ity was adopted. RESOLUTION NO. 7-24 AUTHORIZING THE HOUSING AND COM- MUNITY DEVELOPMENT DIRECTOR AND THE CITY MANAGER TO APPROVE THE AWARD OF LOCAL HOUSING TRUST FUNDS FROM THE IOWA FINANCE AU- THORITY 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 accept the award of funds from 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 DUBUQUE, IA., THAT: Section 1. That the Housing and Communi- ty Development Director and the City Manager are hereby authorized to accept the award of Local Housing Trust Funds from the Iowa Fi- nance Authority. Section 2. That the Housing and Communi- ty Development Director is hereby authorized and directed to accept and submit the stand- ard executed contract to the respective agen- cies in a timely fashion and as required by the Iowa Finance Authority. Passed, approved and adopted this 16th day of January 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 10. Iowa Department of Health and Human Services (HHS) Childhood Lead Poisoning and Healthy Homes Funding and Agreement with the Visiting Nurse Association (VNA) and the Dubuque County Board of Health: Upon mo- tion the documents were received, filed, and approved. 11. Plat of Survey of Humke Place: Upon motion the documents were received and filed, and Resolution No. 8-24 Approving the Plat of Survey for Humke Place in the City of Dubu- que, IA. was adopted. RESOLUTION NO. 8-24 APPROVING THE PLAT OF SURVEY FOR HUMKE PLACE IN THE CITY OF DUBUQUE, IA. Whereas, there has been filed with the City Clerk a Plat of Survey Humke Place in the City of Dubuque, IA.; 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 DUBUQUE, IA.: Section 1. That Section 11-14 of Title 16 of City of Dubuque Code of Ordinances, Unified Development Code, is waived to allow 0 feet of frontage on a public street or an approved private street for Lot 2 of Plat of Survey of Humke Place. Section 2. That the Plat of Survey for Humke Place is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, IA. upon said Plat of Survey. Passed, approved and adopted this 16th day of January 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 12. Pre -Annexation Agreement — Janet Siegert, 13828 Old Highway Road in Dubuque County, IA.: Upon motion the documents were received and filed, and Page 95 of 1311 Book 154 Regular Session, January 16, 2024 9 Resolution No. 9-24 Approving a Pre - Annexation Agreement between the City of Dubuque, IA. and Janet Siegert was adopted. RESOLUTION NO. 9-24 APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IA. AND JANET SIEGERT Whereas, Janet Siegert, the owner of the following described property located at 13828 Old Highway Rd in Dubuque County, IA. (the Property) has submitted to the City Council of the city of Dubuque an application for volun- tary annexation of the Property to the City of Dubuque: Lot 2 of Siegert's 2"d Place in Dubuque County, IA. according to the recorded plat thereof; and Whereas, Janet Siegert has entered into a Pre -annexation Agreement with the City of Dubuque, a copy of which is attached hereto governing the future annexation of the Proper- ty; 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, IA. 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 annexation of the Property is in the public in- terest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The Pre -annexation Agreement by and between Janet Siegert and the City of Dubuque is hereby approved. Passed, approved and adopted this 161h day of January 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 13. Pre -Annexation Agreement — State of Iowa Department of Transportation, 9762 O'Rourke Drive: Upon motion the documents were received and filed, and Resolution No. 10-24 Approving a Pre -Annexation Agreement between the City of Dubuque, IA. and the Iowa Department of Transportation was adopted. RESOLUTION NO. 10-24 APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IA. AND THE STATE OF IOWA DEPARTMENT OF TRANSPORTATION Whereas, State of Iowa Department of Transportation (IDOT), the owner of the follow- ing -described property located at 9762 O'Rourke Drive in Dubuque County, IA. (the Property) has submitted to the City Council of the city of Dubuque an application for volun- tary annexation of the Property to the City of Dubuque: Lot 2 of O'Rourke Farms Addition, in Section 13, Township 88 North, Range 2 East of the 5ch P.M., in Dubuque County, IA. according to the recorded plat thereof; and Whereas, IDOT has entered into a Pre - annexation Agreement with the City of Dubu- que, a copy of which is attached hereto gov- erning the future annexation of the Property; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does include any state property; and Whereas, the Property does not include any railroad property; and Whereas, Iowa Code Section 368.7 author- izes the voluntary annexation of property in Dubuque County, IA. 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 annexation of the Property is in the public in- terest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The Pre -annexation Agreement by and between Iowa Department of Transpor- tation and the City of Dubuque is hereby ap- proved. Passed, approved and adopted this 16th day of January 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 14. Acceptance of Grant of Easement for Water Main Utility from IADU Table Mound MHP, LLC, in Dubuque County, as Part of the Table Mound System Project (Water System in Kerrigan Heights Section): Upon motion the documents were received and filed, and Reso- lution No. 11-24 Accepting a Grant of Ease- ment for Water Main Utility Across Part of Lot 2 of Lot 13 in Kerrigan Road Heights in Table Mound Township, Dubuque County IA. was adopted. Page 96 of 1311 Book 154 Regular Session, January 16, 2024 10 RESOLUTION NO. 11-24 ACCEPTING A GRANT OF EASEMENT FOR WATER MAIN UTILITY ACROSS PART OF LOT 2 OF LOT 13 IN KERRIGAN ROAD HEIGHTS IN TABLE MOUND TOWNSHIP, DUBUQUE COUNTY IA. Whereas, IADU TABLE MOUND MHP, LLC, is the owner of Lot 2 of Lot 13 in Kerrigan Road Heights in Table Mound Township, Dubuque County IA.; and Whereas, IADU TABLE MOUND MHP, LLC has executed a Grant of Easement for Water Main Utility across Part of Lot 2 of Lot 13 in Kerrigan Road Heights in Table Mound Township, Dubuque County IA. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The City Council of the City of Dubuque, IA., hereby approves of, accepts and consents to the Grant of Easement for Water Main Utility, across the property as listed above, in the County of Dubuque, IA. from the property owner listed above, a copy of which is attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution with said Grant of Easement for Water Main Utility in the offic- es of the City Assessor, Dubuque County Re- corder and Dubuque County Auditor. Passed, approved and adopted this 16th day of January 2024. 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. 12-24 Approving applications for retail alcohol licenses, as re- quired 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. 12-24 APPROVING APPLICATIONS FOR RETAIL ALCOHOL LICENSES, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDI- NANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, BEER AND WINE LICENSES AND PER- MITS 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 re- quirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. 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 7 Hills Brewing Co. LLC, 333 East loth St. Renewals Dubuque Religious Center, Inc., 923 Main St. El Paisano, 1543 Central Ave. Fuji Asian Buffet, Suite 128, 806 Wacker Dr. Mario's Italian Restaurant & Lounge, 1298 Main St. RMN Lounge L.L.C., 481 Locust St. Steeple Square, 101 East 15th St Steve's Ace Home & Garden, 3350 John F. Kennedy Rd. New Applications Provisional Issuances Downtown Gas & Grocery, 1401 Central Ave. Passed, approved, and adopted this 16th day of January 2024. 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. Amended and Restated Urban Renewal Plan for Dubuque Industrial Center Urban Re- newal Area, Version 2024.1: Upon motion the documents were received and filed and Reso- lution No. 13-24 Authorizing and Directing the City Manager to prepare an Amended and Restated Urban Renewal Plan Version 2024.1 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 Re- stated Urban Renewal Plan Version 2024.1 for said district was adopted setting a public hear- ing for a meeting to commence at 6:30 p.m. on February 19, 2024 in the Historic Federal Building. RESOLUTION NO. 13-24 AUTHORIZING AND DIRECTING THE CITY MANAGER TO PREPARE AN AMENDED AND RESTATED URBAN RENEWAL PLAN VERSION 2024.1 FOR THE DUBUQUE IN - Page 97 of 1311 Book 154 Regular Session, January 16, 2024 11 DUSTRIAL CENTER ECONOMIC DEVEL- OPMENT DISTRICT, SETTING A DATE FOR THE PUBLIC HEARING, AND DIRECTING THE CONSULTATION PROCESS ON THE PROPOSED AMENDED AND RESTATED URBAN RENEWAL PLAN VERSION 2024.1 FOR SAID DISTRICT Whereas, the City Council of the City of Dubuque has heretofore approved the Amended and Restated Urban Renewal Plan (the "Plan" or "Urban Renewal Plan") for the Dubuque Industrial Center Economic Devel- opment District (the "District") in order to pro- vide 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 District to include additional property to be designated as a new Subarea U, for the Dubuque Industrial Center Economic Devel- opment 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, IA.: Section 1. That the City Manager is author- ized and directed to prepare an Amended and Restated Urban Renewal Plan Version 2024.1 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 public hearing on the adoption of the proposed Amended and Restated Urban Renewal Plan Version 2024.1 for the Dubuque Industrial Center Economic Development District on February 19, 2024, at 6:30 p.m. in the form attached hereto. The notice of said hearing shall generally identify the areas covered by the Plan Version 2024.1 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 Develop- ment Department is further directed to send by ordinary mail a copy of said Plan Version 2024.1, the notice of public hearing, a notice of consultation, and, to the extent the Plan Ver- sion 2024.1 includes the use of tax increment revenues for a public building, an analysis of alternative development and funding options for such public buildings, to the Dubuque Community School District and the Dubuque County Board of Supervisors, as the affected taxing entities. Passed, approved and adopted this 16th day of January 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Resolution of Necessity for the Amend- ment of the Dubuque Industrial Center Eco- nomic Development District Urban Renewal Plan, Version 2024.2: Upon motion the docu- ments were received and filed and Resolution No. 14-24 Authorizing and Directing the City Manager to prepare an Amended and Restat- ed Urban Renewal Plan Version 2024.2 for the Dubuque Industrial Center Economic Devel- opment District, setting a date for the Public Hearing, and directing the consultation pro- cess on the proposed Amended and Restated Urban Renewal Plan Version 2024.2 for said district was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on February 19, 2024 in the Historic Federal Building. RESOLUTION NO. 14-24 AUTHORIZING AND DIRECTING THE CITY MANAGER TO PREPARE AN AMENDED AND RESTATED URBAN RENEWAL PLAN VERSION 2024.2 FOR THE DUBUQUE IN- DUSTRIAL CENTER ECONOMIC DEVEL- OPMENT DISTRICT, SETTING A DATE FOR THE PUBLIC HEARING, AND DIRECTING THE CONSULTATION PROCESS ON THE PROPOSED AMENDED AND RESTATED URBAN RENEWAL PLAN VERSION 2024.2 FOR SAID DISTRICT Whereas, the City Council of the City of Dubuque has heretofore approved the Amended and Restated Urban Renewal Plan (the "Plan" or "Urban Renewal Plan") for the Dubuque Industrial Center Economic Devel- opment District (the "District') in order to pro- vide 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 District to include additional property to be designated as a new Subarea V, for the Dubu- que 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. Page 98 of 1311 Book 154 Regular Session, January 16, 2024 12 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the City Manager is author- ized and directed to prepare an Amended and Restated Urban Renewal Plan Version 2024.2 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 public hearing on the adoption of the proposed Amended and Restated Urban Renewal Plan Version 2024.2 for the Dubuque Industrial Center Economic Development District on February 19, 2024, at 6:30 p.m. in the form attached hereto. The notice of said hearing shall generally identify the areas covered by the Plan Version 2024.2 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 public hearing shall be sent by ordinary mail to the affected taxing entities. Section 3. That the Economic Develop- ment Department is further directed to send by ordinary mail a copy of said Plan Version 2024.2, the notice of public hearing, a notice of consultation, and, to the extent the Plan Ver- sion 2024.2 includes the use of tax increment revenues for a public building, an analysis of alternative development and funding options for such public buildings, to the Dubuque Community School District and the Dubuque County Board of Supervisors, as the affected taxing entities. Passed, approved and adopted this 16th day of January 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk BOARDS/COMMISSIONS Appointments were made to the following boards/commissions. City Clerk Breitfelder announced that Building Code Advisory and Appeals Board applicant Phillip Heim and Housing Appeals and Mediation Board appli- cant Wendy Hopp were pulled from considera- tion for appointment due to ineligibility for ser- vice. 1. Building Code Advisory and Appeals Board: Three, 3-Year Terms through January 1, 2027 (Expiring Terms of Brown for Alternate Electrical Construction Professional, Town- send for Electrical Construction Professional, Valaskey for HVAC Construction Profession- al). Applicants: Adam Brown, 686 S. Grandview Ave. (Qualifies for Electrical Con- struction Professional and Alternate Electrical Construction Professional); Thomas Town- send, 1940 Amelia Dr. (Qualifies for Electrical Construction Professional and Alternate Elec- trical Construction Professional); Corey Valas- key, 1385 Alta Vista St. (Qualifies for HVAC Construction Professional and Alternate HVAC Construction Professional). Motion by Roussell to appoint Mr. Town- send to the Electrical Construction Profession- al three-year term through January 1, 2027. Seconded by Jones. Motion carried 7-0. Motion by Jones to appoint Mr. Brown to the Alternate Electrical Construction Profes- sional three-year term through January 1, 2027. Seconded by Sprank. Motion carried 7- 0. Motion by Jones to appoint Mr. Valaskey to the HVAC Construction Professional three- year term through January 1, 2027. Seconded by Wethal. Motion carried 7-0. 2. Equity and Human Rights Commission: One, 3-Year Term through January 1, 2027 (Expiring Term of Sampson Brown). Appli- cants: Rick Baumhover, 601 Garfield Ave.; David Heiar, 805 Carriage Hill Dr.; Theresa Sampson Brown, 2285 Clydesdale Ct. This commission is subject to the State of Iowa Gender Balance Law §69.16A. 9 Commission- ers total; currently 4 males/2 females/3 open- ings. Two openings on the commission are being advertised for 90 days while nonmale identifying applicants are sought in adherence with Iowa Code 69.16A Gender Balance. Mayor Cavanagh reminded the City Council that this commission has a gender balance requirement. Upon roll call vote, Ms. Sampson Brown was appointed to the three-year term through January 1, 2027. Ms. Sampson Brown re- ceived all 7 votes. 3. Housing Appeals and Mediation Board: Three, 3-Year Terms through January 1, 2027 (Expiring Terms of Gotz, Hoffmann, and Sut- ton). Applicants: Mary Gotz, 1844 Bennett St.; Luke Hoffmann, 991 June Dr.; Lynn Sutton, 445 Nevada St. Motion by Jones to appoint Ms. Gotz, Mr. Hoffmann, and Ms. Sutton to the 3 three-year terms through January 1, 2027. Seconded by Farber. Motion carried 7-0. PUBLIC HEARINGS 1. Unified Development Code Amendment Regarding Mini -Warehouse: Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be Page 99 of 1311 Book 154 Regular Session, January 16, 2024 13 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. Associate Planner Shena Moon pro- vided a staff report. City Council Members expressed support for the amendment. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 1-24 Amending Title 16 of the City of Dubuque Code of Ordi- nances, Unified Development Code, By Amending Articles 16-5-14 C-4 Downtown Commercial and 16-5-15 C- 5 Central Busi- ness, by adding Mini -Warehouse below the first floor only to the list of permitted uses. Se- conded by Resnick. Motion carried 7-0. ORDINANCE NO. 1-24 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY AMEND- ING ARTICLES 16-5-14 C-4 DOWNTOWN COMMERCIAL AND 16-5-15 C-5 CENTRAL BUSINESS, BY ADDING MINI -WAREHOUSE BELOW THE FIRST FLOOR ONLY TO THE LIST OF PERMITTED USES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code Chapters 16-5-14 (C-4) and 16- 5-15 (C-5) are hereby amended as follows: 16-5-14-1 Principal Permitted Uses: Mini - warehouse below the first floor only 16-5-15-1 Principal Permitted Uses: Mini - warehouse below the first floor only Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, IA. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 16th day of January 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 2. Proceedings for Public Hearing on the Issuance of Not to Exceed $3,200,000, State Revolving Fund Sewer Revenue Loan: Motion by Roussell to receive and file the documents and adopt Resolution No. 15-24 Taking Addi- tional Action on Proposal to Enter into a Sewer Revenue Loan and Disbursement Agreement. Seconded by Wethal. The City Council indi- cated that this was a great opportunity to take advantage of low interest rates. Motion carried 7-0. RESOLUTION NO. 15-24 TAKING ADDITIONAL ACTION ON PRO- POSAL TO ENTER INTO A SEWER REVE- NUE LOAN AND DISBURSEMENT AGREE- MENT 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 establishment; 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 in prior proceedings of the Council, and a portion of such prior sewer revenue debt remains out- standing (the "Outstanding 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 has heretofore proposed to contract indebtedness and enter into a cer- tain Sewer Revenue Loan and Disbursement Agreement (the "Agreement') and to borrow money thereunder in a principal amount not to exceed $3,200,000, 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 im- provements and extensions to the Utility, and has published notice of the proposed action and has held a hearing thereon on January 16, 2024. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA., AS FOLLOWS: Section 1. The City Council hereby deter- mines to enter into the Agreement in the future and orders that Sewer Revenue Bonds be issued at such time in evidence thereof. The City Council further declares that this resolu- tion constitutes the "additional action" required by Section 384.24A of the Code of Iowa. Section 2. All resolutions or parts thereof in conflict herewith are hereby repealed, to the extent of such conflict. Section 3. This resolution shall be in full force and effect immediately upon its adoption and approval, as provided by law. Passed, approved, and adopted this 16th day of January 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk Page 100 of 1311 Book 154 Regular Session, January 16, 2024 14 ACTION ITEMS 1. City Assessor Assessed and Taxable Valuations Presentation: Motion by Roussell to receive and file the documents and listen to the presentation. Seconded by Sprank. City Assessor Troy Patzner made a presentation on 2023 assessed and taxable valuations and responded to questions from the City Council. City Manager Van Milligen summarized the city's property tax rate for the current fiscal year in comparison to other Iowa cities. Motion carried 7-0. 2. Water & Resource Recovery Center Odor Abatement Efforts Update: Motion by Jones to receive and file the documents and listen to the presentation. Seconded by Farber. Water & Resource Recovery Center Director Deron Muehring made a presentation on odor abatement efforts. City Council Members em- phasized the importance of adding updates to the city's website and agreed to refer residents to the website for information. The City Council requested an update at a March 2024 City Council meeting. Responding to question from the City Council, Mr. Muehring stated that the city's website could be updated with actions taken on abatement and that all options for abatement could be considered to determine what is most effective. Mr. Muehring further stated that executing certain abatement efforts will depend on the contractor's schedule. Mo- tion carried 7-0. 3. Dubuque Brewing and Malting Building Update - 3000 Jackson: Motion by Sprank to receive and file the documents and listen to the presentation. Seconded by Wethal. Hous- ing and Community Development Director Alexis Steger provided a status update on the Dubuque Brewing and Malting project at 3000 Jackson St. Ms. Steger stated that the devel- oper applied for a demolition permit for 3000 Jackson St. and that asbestos abating will occur first as a prerequisite to demolition. Ms. Steger stated that 3000 Jackson St. starts at the archway on Jackson St. through 30th St., and that the remainder of the building is pro- posed to stay. Building owner Steve Emerson provided virtual input on his plan to demolish specific portions of the building and salvage what he can. Mr. Emerson also referenced a request made via email for the city to provide $500,000 toward demolition of the structure. City Council Members emphasized that public safety is their main concern. While City Coun- cil Members expressed hesitation on providing funding toward demolition, they stated they could not take formal action on it because it was not a formal proposal on the agenda. Mr. Emerson stated that he could compile a clearer plan in the next few weeks to relay to the City Council. Motion carried 7-0. 4. Schmitt Island Management Agreement between the City of Dubuque, IA. and the Schmitt Island Development Corporation Ap- proval: Motion by Jones to receive and file the documents and adopt Resolution No. 16-24 Approving the Schmitt Island Management Agreement between the City of Dubuque and the Schmitt Island Development Corporation. Seconded by Wethal. City Council Members commended the Dubuque Racing Association (DRA) for their management of the ImOn Are- na and stated possible opportunities for self- sustaining operations through hosting college hockey teams. Motion carried 7-0. RESOLUTION NO. 16-24 APPROVING THE SCHMITT ISLAND MAN- AGEMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE AND THE SCHMITT ISLAND DEVELOPMENT CORPORATION Whereas, the City is the owner of the real property and other assets situated on Chaplain Schmitt Island located in the City of Dubuque, IA.; and Whereas, the financial and operational success and maintenance of such property and assets is of the highest importance to the City of Dubuque; and Whereas, Schmitt Island Development Corporation is a nonprofit corporation formed to undertake or assist in the management, development and sponsorship of assets, pro- jects and activities directed to (i) the general betterment of Schmitt Island and (ii) the im- plementation of the Chaplain Schmitt Island Master Plan adopted by the City Council of Dubuque, IA.; and Whereas, the City desires to engage Schmitt Island Development Corporation, and Schmitt Island Development Corporation de- sires to accept such engagement, to provide management and marketing services on the terms and conditions agreed; and Whereas, the City intends to work in mutu- al accord with Schmitt Island Development Corporation in order to ensure provision of high -quality management and marketing ser- vices, thereby enhancing the use and enjoy- ment of the Schmitt Island, while simultane- ously lessening the burden of government. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA., AS FOLLOWS: Section 1. The City of Dubuque hereby consents to the Schmitt Island Management Agreement between the City and the Schmitt Island Development Corporation, which is at- tached hereto. Page 101 of 1311 Book 154 Regular Session, January 16, 2024 15 Section 2. The Mayor is authorized and di- rected to execute the Schmitt Island Manage- ment Agreement on behalf of the City of Dubuque. Passed, approved, and adopted this 1611 day of January 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. "Creating an Equitable Community of Choice" Handout Update: Motion by Roussell to receive and file the documents and approve the updated "Creating an Equitable Communi- ty of Choice" handout. Seconded by Wethal. City Manager Van Milligen summarized the handout. City Council Members commended the update. Motion carried 7-0. 6. Static Display of Engine 505 & Medic 554: Motion by Jones to receive and file the documents. Seconded by Farber. Mayor Cavanagh read from the agenda that the Dubuque Fire Department will have a static display of the new Engine 505 and Medic 554 prior to the council meeting on February 5, 2024, from 5:30 p.m. until 6:00 p.m. outside the Historic Federal Building to allow members of the community, city, and council to tour the new vehicles and ask questions. Motion car- ried 7-0. 7. Request for Work Session: Secondary Responder Initiative: Motion by Roussell to receive and file the documents and schedule the work session for March 18, 2024, at 5:45 p.m. Seconded by Sprank. Motion carried 7-0. 8. Public Works Response to Snow Event Videos: Motion by Farber to receive and file the documents and view the videos. Seconded by Wethal. Media Services staff showed two videos following the recent snow events. The videos were produced by Media Services staff in the Public Information Office and can be viewed at: https://youtu.be/Bu3ow afWt4?si= hp3gzvA3SxtTE2FV and https://youtu.be/ucfw ZpM7z24. City Council Members commended Public Works staff for their work during the snow events and reminded the public to use caution around snowplows. Motion carried 7-0. 9. 2023 City of Dubuque Year End Video: Motion by Resnick to receive and file the doc- uments and view the video. Seconded by Wethal. Media Services showed a year-end reflection video. The video was produced by Media Services staff in the Public Information Office and can be viewed at: https://youtu.be/ EcXxHL48XKk. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Roussell reported on speaking to students at the Alternative Learn- ing Center. Council Member Jones also reported on speaking at the Alternative Learning Center as well as recently volunteering for Special Olym- pics. Council Member Resnick commended Council Member Jones for his decades of ser- vice to the Special Olympics. Mr. Resnick fur- ther reported on touring Dubuque Stamping & Manufacturing. Council Member Wethal reported on the recent passing of Perry High School Principal Dan Marburger after a recent shooting at the school in Perry, IA. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 8:38 p.m. to discuss Purchase or Sale of Real Estate — Chapter 21.5(1)(j) Code of Iowa. Seconded by Roussell. Point of Order by Cavanagh that the suggested disposition also included Confidential Records — Chapter 21.5(1)(a) Code of Iowa. Motion amended by Jones to include discussion of Chapter 21.5(1)(a) and seconded by Roussell. 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 Senior Counsel Lindahl. Motion carried 7-0. The City Council reconvened in open ses- sion at 9:01 p.m. stating that staff had been given proper direction. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 9:01 P.M. /s/Adrienne N. Breitfelder, CMC, City Clerk Page 102 of 1311 16 Special and Regular Sessions, February 5, 2024 Book 154 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 5, 2024, in the second -floor Council Chambers of the His- toric Federal Building, 350 W. 6m Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attorney Brumwell. Mayor Cavanagh read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on Travel Dubuque's Annual Update. WORK SESSION Travel Dubuque Annual Update Travel Dubuque President and CEO Keith Rahe provided the organization's annual presentation. Responding to a question from the City Council regarding the increase in the Growing Sustainable Communities Conference budget from Fiscal Year 2024 to Fiscal Year 2025, Mr. Rahe stated that the conference did not occur in Fiscal Year 2024. There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:28 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk CITY OF DUBUQUE IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on February 5, 2024, 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 Attorney Brumwell. Mayor Cavanagh read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE City Clerk Breitfelder announced that Ac- tion Item No. 8 was removed from the meeting. 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 January 16, 2024; Historic Preservation Commission of Decem- ber 14, 2023, and January 18, 2024; Housing Commission of April 25, 2023; Proof of Publi- cation for City Council Proceedings of Decem- ber 29, 2023, and January 3, 2024. Upon mo- tion the documents were received and filed. 2. Notice of Claims and Suits: Conner Maiden for vehicle damage; Dalton Schoen for vehicle damage; Adam Smith for vehicle dam- age; Katherine Smith for vehicle damage; John Wagner 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: Connor Maiden for vehicle damage; Dal- ton Schoen for vehicle damage; Adam Smith for vehicle damage; Katherine Smith for vehi- cle damage; John Wagner for property dam- age. Upon motion the documents were re- ceived, filed, and concurred. Page 103 of 1311 17 Regular Session, February 5, 2024 Book 154 4. Approval of City Expenditures: Upon motion the documents were received and filed, and Resolution No. 17-24 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. 17-24 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 generally accepted internal control procedures and have been determined to have been req- uisitioned for a lawful municipal purpose; and Whereas, the Chief Financial Officer -City Treasurer has provided a list of Expenditures attached hereto, and by this reference made a part hereof, to be drawn to pay for goods and services provided for City purposes; and Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142-18 adopted May 7, 2018, authorized the Chief Financial Officer -City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. 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 Financial Officer are hereby authorized and directed to provide the statement of receipts and disbursements to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 5th day of February 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Settlement Authority for City Manager and City Attorney: Upon motion the documents were received and filed, and Resolution No. 18-24 Authorizing the City Manager and the City Attorney to settle claims by and against the City was adopted. RESOLUTION NO. 18-24 AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO SETTLE CLAIMS BY AND AGAINST THE CITY NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The City Manager is authorized to settle claims by and against the City where the amount of the settlement is $20,000 or less, and all workers' compensation claims. Section 2. The City Attorney is authorized to settle claims by and against the City where the amount of the settlement is $10,000 or less. Section 3. When the City Manager, or the City Attorney reach a final, binding, written settlement agreement, the City Manager or the City Attorney shall, upon request and to the extent allowed under applicable law, prepare a brief summary of the resolution of the dispute indicating the identity of the parties involved, the nature of the dispute, and the terms of the settlement, including any payments made to or by or on behalf of the government body and any actions to be taken by the government body. The City Manager or the City Attorney are not required to prepare a summary if the settlement agreement includes the information required to be included in the summary. The settlement agreement and any required sum- mary shall be a public record. Passed, approved and adopted this 5th day of February 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Neighborhood Association Toolkit: Upon motion the documents were received and filed. 7. Carbon Disclosure Project — 2023 Scorecard: Upon motion the documents were received and filed. 8. Public, Educational, and Government (PEG) Fund Expenditures for City of Dubuque, Glass House LLC, and Art For Us: Upon mo- tion the documents were received, filed, and approved. 9. Acceptance of Public Water Distribution System Improvements in Wildflower Ridge Subdivision # 4, in the City of Sageville and in Dubuque County, IA.: Upon motion the docu- ments were received and filed, and Resolution No. 19-24 Accepting Public Water Distribution Page 104 of 1311 Book 154 Regular Session, February 5, 2024 18 System Improvements in Wildflower Ridge Subdivision # 4, in the City of Sageville and in Dubuque County, IA. was adopted. RESOLUTION NO. 19-24 ACCEPTING PUBLIC WATER DISTRIBU- TION SYSTEM IMPROVEMENTS IN WILD- FLOWER RIDGE SUBDIVISION # 4, IN THE CITY OF SAGEVILLE AND IN DUBUQUE COUNTY, IA. Whereas, pursuant to a Memorandum of Understanding between the City of Dubuque and Vendors Unlimited Corporation, which was approved on June 7, 2021, by City Council Resolution No. 197-21, a copy of which is at- tached hereto, certain private improvements, including a water main distribution system were to be dedicated by Vendors Unlimited Corporation to the City of Dubuque for owner- ship and maintenance; and Whereas, per the requirements of the Memorandum of Understanding, Vendors Un- limited Corporation has made all necessary improvements to its water distribution system located in the Wildflower Ridge Subdivision #4 area to make the system compliant with Iowa DNR requirements and City of Dubuque Standards; and Whereas, the improvements have been completed and the City Manager has exam- ined the work and has filed a certificate stating that the same has been completed in accord- ance with the plans approved by the City Council and in conformance with City specifi- cations, and has recommended that the im- provements be accepted by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the recommendation of the City Manager be approved and that all public water distribution improvements, not including water service lines from water main to each residence which are to remain private, in Wild- flower Ridge Subdivision # 4, in the City of Sageville and in Dubuque County, IA., be and the same are hereby accepted and will be- come part of the City's water distribution sys- tem. Passed, approved and adopted this 5th day of February 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 10. Offer to Buy Real Estate from Faith Temple United Pentecostal Church Owned Parcel P.I.N.#1119358005: Upon motion the documents were received and filed, and Reso- lution No. 20-24 Approving the Offer to Buy Real Estate and Acceptance for the Acquisi- tion of Real Property owned by Faith Temple United Pentecostal Church by the City of Dubuque was adopted. RESOLUTION NO. 20-24 APPROVING THE OFFER TO BUY REAL ESTATE AND ACCEPTANCE FOR THE AC- QUISITION OF REAL PROPERTY OWNED BY FAITH TEMPLE UNITED PENTECOSTAL CHURCH BY THE CITY OF DUBUQUE Whereas, Faith Temple United Pentecostal Church (Faith Temple) is the owner of the fol- lowing real described property: City Lots Lot 1 of Lot 20, Lot 1 of Lot 21, Lot 1 of Lot 22, Lot 1 of Lot 23, Lot 1 of Lot 24, Lot 1 of Lot 25, Lot 1 of Lot 26, Lot 1 of Lot 27 all of Block 17 in Dubuque Harbor Improvement Company Addition in the City of Dubuque, IA. (the Property); and Whereas, City and Faith Temple have en- tered into an agreement (the Offer to Buy, sub- ject to the approval of the City Council of the City of Dubuque, a copy of which is attached hereto, pursuant to which Faith Temple will convey the Property to City; and Whereas, the City Council has tentatively determined that it would be in the best inter- ests of the City to approve the Purchase Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the City Council is hereby approves the Offer to Buy for the acquisition of the Property. Section 2. That the City of Dubuque is hereby authorized to accept a Warranty Deed from Faith Temple for the Property. Section 3. That the City Clerk is hereby au- thorized and directed to cause said Warranty Deed to be recorded in the office of the Dubu- que County Recorder, together with a certified copy of this Resolution. Section 4. That the City Clerk is hereby di- rected to forward a copy of this Resolution to the Dubuque County Assessor and the Dubu- que County Auditor. Passed, approved and adopted this 5th day of February 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 11. Iowa Amphitheater on Schmitt Island Project Geotechnical Engineer Request to Distribute RFQ and Create an RFQ Review Committee - Project Number: 3049900010: Upon motion the documents were received, filed, and approved. 12. Iowa Amphitheater on Schmitt Island Project Environmental Engineer Request to Distribute RFQ and Create an RFQ Review Committee - Project Number: 3049900010: Upon motion the documents were received, filed, and approved. Page 105 of 1311 Book 154 Regular Session, February 5, 2024 19 13. Bee Branch Blum Site Brownfield Clean Up & On -Call Environmental Engineer- ing RFQ - Request to Distribute RFQ and Cre- ate an RFQ Review Committee - Project Code 5586500013-303: Upon motion the documents were received, filed, and approved. 14. RAISE Infrastructure Planning Grant: Approve Professional Consultant Services Agreement - Engineering Design and NEPA / Environmental Project Development - Iowa DOT Project No. EDP-2100 (705)--7Y-31: Upon motion the documents were received and filed, and Resolution No. 21-24 Approving Professional Services Consultant Contract with AECOM Technical Services, Inc. to complete the Phase I (Concept Design / Preliminary Design / NEPA / Public Involvement) to ad- vance development for the Rebuilding Ameri- ca's Infrastructure with Sustainability and Equi- ty (RAISE) Infrastructure Planning Grant for the project entitled "Building Bridges to Em- ployment and Equity (B2E2)" was adopted. RESOLUTION NO. 21-24 APPROVING PROFESSIONAL SERVICES CONSULTANT CONTRACT WITH AECOM TECHNICAL SERVICES, INC. TO COM- PLETE THE PHASE I (CONCEPT DESIGN / PRELIMINARY DESIGN / NEPA / PUBLIC INVOLVEMENT) TO ADVANCE DEVELOP- MENT 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 (132E2)" 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 AECOM Tech- nical Services, Inc. as the first -ranked Con- sultant; and Whereas, the City Council authorized the City Engineer to initiate contract negotiations for Professional Consultant Services; and Whereas, the City in collaboration with AECOM Technical Services, Inc., developed a consultant scope of work and a negotiated fee for services in the amount of $2,015,250 for Professional Consultant Services to complete the Phase I (Concept Design / Preliminary Design / NEPA / Public Involvement) to ad- vance development for the B2E2 RAISE Infra- structure Planning Grant project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA., THAT: Section 1. That said Professional Services Consultant Contract with AECOM Technical Services, Inc. to complete the Phase I (Con- cept Design / Preliminary Design / NEPA / Public Involvement) to advance development for the B2E2 RAISE Infrastructure Planning Grant project is hereby approved. Section 2. The City Manager is authorized and directed to execute the Professional Ser- vices Consultant Contract with AECOM Tech- nical Services, Inc. Passed, approved, and adopted this 5th day of February 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 15. United States Environmental Protection Agency (USEPA) Brownfields Multipurpose Grant Project: Request to Distribute RFQ and Create an RFQ Review Committee: Upon mo- tion the documents were received, filed, and approved. 16. Historic Preservation Commission (HPC) Certified Local Government (CLG) An- nual Report for 2023 and HPC Annual Work Plan for 2024: Upon motion the documents were received, filed, and approved. 17. Arts & Cultural Affairs Advisory Com- mission Operating Support Grant Application Modification: Upon motion the documents were received, filed, and approved. 18. 2023 Justice Assistance Grant (JAG) Acceptance of Grant Award: Upon motion the documents were received, filed, and approved. 19. Automated Speed Enforcement Handout: Upon motion the documents were received and filed. 20. Updated Population Change Handout: Upon motion the documents were received and filed. 21. Park and Recreation Commission Cor- respondence: Upon motion the documents were received and filed. 22. Community Development Block Grant (CDBG) FY2024 Annual Action Plan Amend- ment #2 Non -Substantial Amendment: Upon motion the documents were received and filed, and Resolution No. 22-24 Adopting the Fiscal Year 2024 (Program Year 2023) Community Development Block Grant (CDBG) Annual Action Plan Amendment #2 Non -Substantial Amendment was adopted. RESOLUTION NO. 22-24 ADOPTING THE FISCAL YEAR 2024 (PRO- GRAM YEAR 2023) COMMUNITY Page 106 of 1311 Book 154 Regular Session, February 5, 2024 20 DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN AMENDMENT #2 NON -SUBSTANTIAL AMENDMENT 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 addressing housing and non -housing needs in the community; and Whereas, the Community Development Advisory Commission held a public meeting on January 17, 2024 to receive community input on the Second Non -Substantial Amendment to 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 Amendment #2 Non -Substantial Amendment to the Fiscal Year 2024 (Program Year 2023) Community Development Block Grant Annual Action Plan on January 17, 2024. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the Community Develop- ment Block Grant Fiscal Year 2024 (Program Year 2023) Annual Action Plan Amendment #2 Non -Substantial Amendment, attached hereto and by this reference made a part hereof, is hereby approved. Section 2. That the Mayor of the City of Dubuque is hereby authorized to execute the Fiscal Year 2024 (Program Year 2023) Annual Action Plan Amendment #2 Non -Substantial Amendment for the use of Community Devel- opment Block Grant funds based on this adopted budget and execute standard con- tracts and agreements. 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, IA. Passed, approved, and adopted this 5th day of February 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 23. Community Development Advisory Commission Cross -Representative Appoint- ment: Housing Commission requested City Council approval on the appointment of Renee Kehoe, 1209 Lincoln Ave., to the Cross - Representative term on the Community Devel- opment Advisory Commission that will expire on August 17, 2024. Upon motion the docu- ments were received, filed, and approved. 24. Housing Trust Fund Advisory Commit- tee Cross -Representative Appointment: Hous- ing Commission requested City Council con- currence on the appointment of Amy Eudaley, 950 Wood St., to the Cross -Representative term on the Housing Trust Fund Advisory Committee that will expire on August 17, 2026. Upon motion the documents were received, filed, and concurred. 25. Long Range Planning Advisory Com- mission Cross -Representative Appointment: Housing Commission requested City Council concurrence on the appointment of Rick Mer- feld, 2718 Andrew Ct., to the Cross - Representative term on the Long -Range Plan- ning Advisory Commission that will expire on August 17, 2025. Upon motion the documents were received, filed, and concurred. 26. ImOn Arena Activation Plan: Upon mo- tion the documents were received and filed. 27. Proposed 16th Amendment to Master Co -location and Shared Services Agreement between the City of Dubuque and ImOn Com- munications LLC: Upon motion the documents were received, filed, and approved. 28. Dubuque County Multi -Jurisdictional Hazard Mitigation Plan Approval: Upon motion the documents were received and filed, and Resolution No. 23-24 Adopting the Dubuque County Multi -Jurisdictional Local Hazard Miti- gation Plan was adopted. RESOLUTION NO. 23-24 ADOPTING THE DUBUQUE COUNTY MUL- TI -JURISDICTIONAL LOCAL HAZARD MIT- IGATION PLAN Whereas, the City of Dubuque recognizes the threat that natural hazards pose to people and property within our community; and Whereas, undertaking hazard mitigation actions will reduce the potential for harm to people and property from future hazard occur- rences; and Whereas, the U.S Congress passed the Disaster Mitigation Act of 2000 ("Disaster Miti- gation Act") emphasizing the need for pre - disaster mitigation of potential hazards; and Whereas, the Disaster Mitigation Act made available hazard mitigation grants to state and local governments; and Whereas, an adopted Local Hazard Mitiga- tion Plan is required as a condition of future funding for mitigation projects under multiple FEMA pre- and post -disaster mitigation grant programs; and Whereas, the City of Dubuque fully partici- pated in the hazard mitigation planning pro- cess to prepare this Multi -Jurisdictional Local Hazard Mitigation Plan; and Page 107 of 1311 Book 154 Regular Session, February 5, 2024 21 Whereas, the Iowa Homeland Security and Emergency Management Department officials have reviewed the "Dubuque County Multi - Jurisdictional Local Hazard Mitigation Plan," and approved it contingent upon approval by the Federal Emergency Management Agency Region VII and this official adoption of the par- ticipating governing body; and Whereas, the City of Dubuque desires to comply with the requirements of the Disaster Mitigation Act and to augment its emergency planning efforts by formally adopting the Dubuque County Multi -Jurisdictional Local Hazard Mitigation Plan; and Whereas, adoption by the governing body for the City of Dubuque demonstrates the ju- risdictions' commitment to fulfilling the mitiga- tion goals outlined in this Multi -Jurisdictional Local Hazard Mitigation Plan; and Whereas, adoption of this legitimizes the plan and authorizes responsible agencies to carry out their responsibilities under the plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. THAT: Section 1. The City of Dubuque adopts the "Dubuque County Multi -Jurisdictional Local Hazard Mitigation Plan" as an official plan. Section 2. The City of Dubuque will submit this Adoption Resolution to the Iowa Homeland Security and Emergency Management De- partment and Federal Emergency Manage- ment Agency Region VI officials to enable the plan's final approval. Passed, approved, and adopted this 5th day of February 2024. 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. Setting a Public Hearing to approve the Radford Road Urban Revitalization Plan Amendment 3: Upon motion the documents were received and filed and Resolution No. 24- 24 Setting a public hearing to amend the Rad- ford Road Urban Revitalization Area Plan was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on February 19, 2024, in the Historic Federal Building. RESOLUTION NO. 24-24 SETTING A PUBLIC HEARING TO AMEND THE RADFORD ROAD URBAN REVITALI- ZATION AREA PLAN Whereas, the City Council finds that devel- opment of housing and residential develop- ment, including single or multifamily housing in this location is appropriate and necessary in the interest of the welfare of the residents of the City, and the property substantially meets the criteria for Urban Revitalization according to Section 404.1 of the Code of Iowa; and Whereas, the City Council wishes to amend the Radford Road Urban Revitalization Area Plan to provide a tax abatement schedule equivalent to the schedule provided prior to Iowa Legislation changes made in 2023; and Whereas, the Iowa Code requires a public hearing to amend an Urban Revitalization Area Plan. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The City Clerk is directed to publish notice of a public hearing on the adop- tion of an amended Urban Revitalization Plan for the Radford Road Urban Revitalization Area to be held on February 19, 2024, at 6:30 p.m. in the Historic Federal Building in Dubu- que, IA., 350 W. 6th Street, Dubuque, IA. and that said notice shall generally identify the area covered by the Plan and the general scope of the Urban Revitalization Plan activities planned for such area. Passed and approved this 51h day of Feb- ruary 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Setting a Public Hearing to approve the Alta Vista Urban Revitalization Plan Amend- ment 1: Upon motion the documents were received and filed and Resolution No. 25-24 Setting a public hearing to amend the Alta Vista Urban Revitalization Area Plan was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on February 19, 2024, in the Historic Federal Building. RESOLUTION NO. 25-24 SETTING A PUBLIC HEARING TO AMEND THE ALTA VISTA URBAN REVITALIZATION AREA PLAN Whereas, the City Council finds that devel- opment of housing and residential develop- ment, including single or multifamily housing in this location is appropriate and necessary in the interest of the welfare of the residents of the City, and the property substantially meets the criteria for Urban Revitalization according to Section 404.1 of the Code of Iowa; and Whereas, the City Council wishes to amend the Alta Vista Urban Revitalization Ar- ea Plan to provide a tax abatement schedule equivalent to the schedule provided prior to Iowa Legislation changes made in 2023; and Whereas, the Iowa Code requires a public hearing to amend an Urban Revitalization Area Plan. Page 108 of 1311 Book 154 Regular Session, February 5, 2024 22 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The City Clerk is directed to publish notice of a public hearing on the adop- tion of an amended Urban Revitalization Plan for the Alta Vista Urban Revitalization Area to be held on February 19, 2024, at 6:30 p.m. in the Historic Federal Building in Dubuque, IA., 350 W. 6th Street, Dubuque, IA. and that said notice shall generally identify the area covered by the Plan and the general scope of the Ur- ban Revitalization Plan activities planned for such area. Passed and approved this 5th day of Feb- ruary 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Setting a Public Hearing to approve the Bies Drive Urban Revitalization Plan Amend- ment 1: Upon motion the documents were received and filed and Resolution No. 26-24 Setting a public hearing to amend the Bies Drive Urban Revitalization Area Plan was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on February 19, 2024, in the Historic Federal Building. RESOLUTION NO. 26-24 SETTING A PUBLIC HEARING TO AMEND THE BIES DRIVE URBAN REVITALIZATION AREA PLAN Whereas, the City Council finds that devel- opment of housing and residential develop- ment, including single or multifamily housing in this location is appropriate and necessary in the interest of the welfare of the residents of the City, and the property substantially meets the criteria for Urban Revitalization according to Section 404.1 of the Code of Iowa; and Whereas, the City Council wishes to amend the Bies Drive Urban Revitalization Area Plan to provide a tax abatement schedule equivalent to the schedule provided prior to Iowa Legislation changes made in 2023; and Whereas, the Iowa Code requires a public hearing to amend an Urban Revitalization Area Plan. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The City Clerk is directed to publish notice of a public hearing on the adop- tion of an amended Urban Revitalization Plan for the Bies Drive Urban Revitalization Area to be held on February 19, 2024, at 6:30 p.m. in the Historic Federal Building in Dubuque, IA., 350 W. 6th Street, Dubuque, IA. and that said notice shall generally identify the area covered by the Plan and the general scope of the Ur- ban Revitalization Plan activities planned for such area. Passed and approved this 5th day of Feb- ruary 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Setting a Public Hearing to approve the Plaza Drive Urban Revitalization Plan Amendment 1: Upon motion the documents were received and filed and Resolution No. 27- 24 Setting a public hearing to amend the Plaza Drive Urban Revitalization Area Plan was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on February 19, 2024, in the Historic Federal Building. RESOLUTION NO. 27-24 SETTING A PUBLIC HEARING TO AMEND THE PLAZA DRIVE URBAN REVITALIZA- TION AREA PLAN Whereas, the City Council finds that devel- opment of housing and residential develop- ment, including single or multifamily housing in this location is appropriate and necessary in the interest of the welfare of the residents of the City, and the property substantially meets the criteria for Urban Revitalization according to Section 404.1 of the Code of Iowa; and Whereas, the City Council wishes to amend the Plaza Drive Urban Revitalization Area Plan to provide a tax abatement schedule equivalent to the schedule provided prior to Iowa Legislation changes made in 2023; and Whereas, the Iowa Code requires a public hearing to amend an Urban Revitalization Area Plan. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The City Clerk is directed to publish notice of a public hearing on the adop- tion of an amended Urban Revitalization Plan for the Plaza Drive Urban Revitalization Area to be held on February 19, 2024, at 6:30 p.m. in the Historic Federal Building in Dubuque, IA., 350 W. 6th Street, Dubuque, IA. and that said notice shall generally identify the area covered by the Plan and the general scope of the Urban Revitalization Plan activities planned for such area. Passed and approved this 5th day of Feb- ruary 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Setting a Public Hearing to approve the Dubuque Urban Revitalization Plan Amend- ment 1: Upon motion the documents were received and filed and Resolution No. 28-24 Setting a public hearing to amend the Dubu- que Urban Revitalization Area Plan was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on February 19, 2024, in the Historic Federal Building. Page 109 of 1311 Book 154 Regular Session, February 5, 2024 23 RESOLUTION NO. 28-24 SETTING A PUBLIC HEARING TO AMEND THE DUBUQUE URBAN REVITALIZATION AREA PLAN Whereas, the City Council finds that reha- bilitation of housing and residential develop- ment, including single or multifamily housing in this location is appropriate and necessary in the interest of the welfare of the residents of the City, and the property substantially meets the criteria for Urban Revitalization according to Section 404.1 of the Code of Iowa; and Whereas, the City Council wishes to amend the Dubuque Urban Revitalization Area Plan to add relevant changes made to Iowa Legislation in Chapter 404 of the Code of Io- wa; and Whereas, the Iowa Code requires a public hearing to amend an Urban Revitalization Area Plan. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The City Clerk is directed to publish notice of a public hearing on the adop- tion of an amended Urban Revitalization Plan for the Dubuque Urban Revitalization Area to be held on February 19, 2024, at 6:30 p.m. in the Historic Federal Building in Dubuque, IA., 350 W. 61h Street, Dubuque, IA. and that said notice shall generally identify the area covered by the Plan and the general scope of the Ur- ban Revitalization Plan activities planned for such area. Passed and approved this 5th day of Feb- ruary 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Setting a Public Hearing for the Biparti- san Infrastructure Law State Revolving Fund (SRF) - Environmental Review - Private Lead Service Line Replacement Pilot Program: Up- on motion the documents were received and filed and Resolution No. 29-24 State Revolving Fund (SRF) Loan - Environmental Review Private Lead Service Line Replacement Pilot Program: Preliminary Approval of an Environ- mental Review as provided by SRF's Depart- ment of Natural Resources for the Private Lead Service Line Replacement Pilot Program and ordering the advertisement for public no- tice was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 18, 2024 in the Historic Federal Building. RESOLUTION NO. 29-24 STATE REVOLVING FUND (SRF) LOAN - ENVIRONMENTAL REVIEW PRIVATE LEAD SERVICE LINE REPLACEMENT PILOT PROGRAM, PRELIMINARY APPROVAL OF AN ENVIRONMENTAL REVIEW AS PRO- VIDED BY SRF'S DEPARTMENT OF NATU- RAL RESOURCES FOR THE PRIVATE LEAD SERVICE LINE REPLACEMENT PI- LOT PROGRAM AND ORDERING THE AD- VERTISEMENT FOR PUBLIC NOTICE Whereas, the City of Dubuque is pursuing an engineered solution to reduce the number of private lead service lines in the City of Dubuque through an Iowa State Revolving Fund assisted pilot program; and Whereas, the functional replacement of lead water service lines within Dubuque by trenching or pull -through methods is known to reduce the potential for drinking water contam- ination at a house -by -house level; and Whereas, currently, Dubuque intends on replacing approximately 585 lead service lines in phases; and Whereas, the City of Dubuque hired ORIGIN Design, consulting engineers to com- plete planning and preparation of loan docu- ments to secure funding for the project, and as part of the loan process, the City is required to complete an environmental review through public hearing. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The environmental review as provided by SRF's Department of Natural Re- sources for the Private Lead Service Line Re- placement Pilot Program, is hereby preliminari- ly approved, 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 March 2024, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubuque, IA., at which time interested persons may appear and be heard for or against the proposed environmental re- view of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, IA., which notice shall be published not less than thirty days prior to the date of such hearing. At the hearing, any interested person may appear and file comments on the environmental re- view of the Project. Section 3. The environmental review as provided by SRF's Department of Natural Re- sources for the Private Lead Service Line Re- placement Pilot Program is hereby ordered to be advertised for public hearing. Passed, adopted, and approved this 5th day of February 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7. Setting a Public Hearing to adopt the Public Housing Authority Annual Plan for Fed- eral Fiscal Year 2024: Upon motion the docu- Page 110 of 1311 Book 154 Regular Session, February 5, 2024 24 ments were received and filed and Resolution No. 30-24 Setting a Public Hearing to review and approve the Public Housing Authority Federal Fiscal Year 2024 Annual Plan was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on April 1, 2024, in the Historic Federal Building. RESOLUTION NO. 30-24 SETTING A PUBLIC HEARING TO REVIEW AND APPROVE THE PUBLIC HOUSING AUTHORITY FEDERAL FISCAL YEAR 2024 ANNUAL PLAN Whereas, the City of Dubuque is designat- ed as a Public Housing Authority; and Whereas, the City of Dubuque maintains and 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 23, 2024; and Whereas, the City desires to hold a public hearing to receive comment on the proposed Public Housing Authority Fiscal Year 2024 Annual plan. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the City Council will meet in the Historic Federal Building, Council Chambers, 2nd Floor, 350 West 61h Street, Dubuque, IA. at 6:30 p.m. on April 1, 2024, for the purpose of holding a public hearing and taking action 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 intent to review and approve the Public Hous- ing Authority Fiscal Year 2024 Annual Plan. Passed, approved and adopted this 5th day of February 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 8. Setting a Public Hearing to approve the Revised Administrative Plan for the Housing Choice Voucher Program: Upon motion the documents were received and filed and Reso- lution No. 31-24 Setting a Public Hearing to review and approve the Public Housing Au- thority's Administrative Plan was adopted set- ting a public hearing for a meeting to com- mence at 6:30 p.m. on April 1, 2024, in the Historic Federal Building. RESOLUTION NO. 31-24 SETTING A PUBLIC HEARING TO REVIEW AND APPROVE THE PUBLIC HOUSING AUTHORITY'S ADMINISTRATIVE PLAN Whereas, the City of Dubuque is designat- ed 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 & Community De- velopment Department will adopt the revisions to the Public Housing Authority Administrative Plan, subject to City Council approval. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the City Council will meet in the Historic Federal Building, Council Chambers, 2nd Floor, 350 West 6th Street, Dubuque, IA. at 6:30 p.m. on April 1, 2024, for the purpose of holding a public hearing and taking action 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 intent to review and approve the Public Hous- ing Authority Administrative Plan. Passed, approved and adopted this 5th day of February 2024. 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. 1. Community Development Advisory Commission: One, 3-Year Term through Feb- ruary 15, 2027 (Expiring low/moderate income representative term of Hammel Jr.). Applicant: Gerald Hammel Jr., 1225 1/2 Rhomberg Ave. Qualifies as low/moderate income representa- tive 2. Transit Advisory Board: One, 3-Year Term through July 30, 2026 (Vacant term of Daughters). Applicant: Dora Serna, 2160 Mar- ion Street. PUBLIC INPUT Veronica McAvoy, 125 W. 9th St.; Nino Erba, 180 W. 151h St.; Joesph Lewis, 90 Main St., President of the Bishop Block Tenants Association; Jaime Izaguirre, 1394 Locust St., with Iowa Citizens for Community Improve- ment; Zoie Fortson, 299 Main St.; and Becky Sisco, 1205 Pamela Ct., respectively provided input regarding Action Item No. 1, sharing concerns about communication issues with area landlords, unsafe housing conditions Page 111 of 1311 Book 154 Regular Session, February 5, 2024 25 for renters, and a need for more housing in- spectors. Laurana Snyder, 899 Cottage PI., spoke in support of Action Item No. 4, speaking about the potential benefits of the proposed commu- nity orchard. ACTION ITEMS 1. Proposed Rental License Fee Increases for February 2024: Motion by Jones to receive and file the documents and adopt Resolution No. 32-24 Approving the increase in fees for the rental license and inspection program. Seconded by Wethal. Housing and Community Development Director Alexis Steger respond- ed to multiple questions from the City Council. Ms. Steger cautioned against hiring an addi- tional Housing Inspector, stating that a signifi- cant amount of time and money is necessary to train inspectors. Since staff intend to reduce inspections to a three-year cycle, an additional inspector may not be needed by the time that individual is fully trained. Ms. Steger stated that city staff would inspect a unit if they re- ceived a tenant concern and did not receive a response from the landlord. City Manager Van Milligen stated that the city's goal is to fund 90% of the housing inspector roles through rental inspection fees and the remaining 10% through general funds based on inspectors having some duties outside of rental inspec- tions. City Manager Van Milligen also summa- rized the city's previous and current rental unit inspection processes. Per the current process, landlords are not charged for their first inspec- tion but are charged for their first re -inspection. City Attorney Brumwell summarized the op- tions for legal action on abandoned units. City Council Members engaged in discussion re- garding the recommended timeframe for in- spections and encouraged tenants to report concerns regarding their rental units or land- lords. Mayor Cavanagh emphasized the agen- da item was to approve fee increases and re- quested the City Council discuss aspects out- side the scope of the agenda item during the upcoming budget process. City Attorney Brumwell stated that the City Council would receive a memo from her prior to the budget hearings that will outline the process for dis- cussing budget items. City Manager Van Milli- gen confirmed that the Housing Department's Fiscal Year 2025 budget hearing is scheduled for March 28, 2024, at 6:30 p.m. Motion car- ried 6-1 with Wethal voting nay. RESOLUTION NO. 32-24 APPROVING THE INCREASE IN FEES FOR THE RENTAL LICENSE AND INSPECTION PROGAM Whereas, the Housing and Community Development Department is requesting a fee increase to support the activities of the rental license and inspection program in order to be self-supporting; and Whereas, the current rental inspection cy- cle is 5 years and the Housing and Community Development Department is proposing a shorter cycle of 3 years; and Whereas, the effective date of the inspec- tion fee increases will be effective March 1, 2024, and the rental license fee increases will be effective for calendar year 2024 to ensure the activity is self-supporting in Fiscal Year 2024. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA., THAT: Section 1. That the rental licensing fee schedule will be changed effective February 5, 2024, as follows: Dwelling unit fees will be increased from $30 to $45 Structure fees will be increased from $25 to $45 Rooming unit fees will be increased from $20 to $30; and Section 2. That the penalty fee schedule will be changed effective March 1, 2024, as follows: Reinspection fee will be increased from $85 to $100 Reinspection fee with picture only will be increased from $0 to $25. Passed, approved and adopted this 5'h day of February 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 2. Progress Update: 3000 Jackson Street Dubuque Brewing and Malting Building: Motion by Resnick to receive and file the documents and listen to the presentation. Seconded by Farber. Housing and Community Development Director Alexis Steger provided a status up- date on the Dubuque Brewing and Malting project at 3000 Jackson Street, sharing that asbestos work is currently underway and will be extensive. Responding to questions from the City Council, Ms. Steger stated that the building owner provides a daily update and that no municipal infractions have been issued thus far. While the owner has not communi- cated a timeline, Ms. Steger stated that the owner is seeking a third -party loan, which re- quires reassessment of the property and will therefore take time to complete. Mayor Cavanagh requested that the City Council con- tinue to receive progress updates on the con- sent agenda. Motion carried 7-0. 3. Approval of Westbrook Park and Eagle Valley Park Concept Plans: Motion by Rous- sell to receive and file the documents and ap- prove the Westbrook Park and Eagle Valley Page 112 of 1311 Book 154 Regular Session, February 5, 2024 26 Park concept plans. Seconded by Sprank. Responding to questions from the City Coun- cil, Project and Facilities Manager Jared Char - land stated that the Park and Recreation Commission unanimously approved the con- cept plans, that the concepts could be slightly modified based on supply chain issues and outlined the options for potential trail connec- tions in the future. Motion carried 7-0. 4. Dubuque Trees Forever Community Or- chard Proposal for Caledonia Park: Motion by Jones to receive and file the documents and approve the concept plan for Caledonia Park and allow staff to continue to work with Dubu- que Trees Forever to create a community or- chard and pollinator garden at that park. Se- conded by Wethal. Council Member Roussell announced that she would abstain from the vote due to serving as the Executive Director of Dubuque Trees Forever. Responding to a question from the City Council, City Manager Van Milligen stated that the property will be city -owned and will be maintained by Dubuque Trees Forever. Council Member Roussell stat- ed that Dubuque Trees Forever will be hosting a public input meeting on February 21st at the ImOn Arena to discuss any resident concerns and receive other feedback on the plan. City Council Members provided input on notifying area residents about the plan. Motion carried 6-0 with abstention from Roussell. 5. Dubuque Police Department 2024 Awards and Recognition Program: Motion by Jones to receive and file the documents and listen to the presentation. Seconded by Sprank. Police Captain Brendan Welsh sum- marized the Dubuque Police Department's 2024 Awards and Recognition Program. City Council Members thanked the Police Depart- ment for hosting the program and commended the guest speaker's speech on emotional intel- ligence. Motion carried 7-0. 6. Agenda and Meeting Management Sys- tem Request for Proposals: Motion by Rous- sell to receive and file the documents and ap- prove releasing a Request for Proposals (RFP) for an Agenda and Meeting Management Sys- tem for City Council meeting agendas, replac- ing NovusAgenda. Seconded by Farber. Mo- tion carried 7-0. 7. Recreation Fee Increase Recommenda- tion and Estimated Revenue Summary: Motion by Jones to receive and file the documents and approve the recreation fee increases start- ing spring of 2024 to assist in offsetting the impact of the recent wage increases and other operational cost increases Seconded by Resnick. City Council Members emphasized the need to increase fees to fund operations and maintain quality staff. Motion carried 7-0. 8. Smart Parking & Mobility Management Plan: Parking Access Revenue Control Sys- tem Request to Distribute RFP and Create an RFP Review Committee - CIP 360-2936: This item was removed from the meeting. 9. Request to Dubuque Metropolitan Area Transportation Study (DMATS) to Reprogram Federal Surface Transportation Block Grant (STBG) Funds: Motion by Sprank to receive and file the documents and approve request- ing reallocation of Dubuque Metropolitan Area Transportation Study (DMATS) Surface Transportation Block Grant (STBG) funds. Seconded by Wethal. City Council Members commended the partnerships leveraged to make the reallocation successful and empha- sized the significance of installing a railroad overpass. City Manager Van Milligen acknowl- edged Dubuque Racing Association President and CEO Alex Dixon's and Greater Dubuque Development Corporation President and CEO Rick Dickinson's efforts toward the proposal. Motion carried 7-0. 10. Work Session Request: Chaplain Schmitt Island Redevelopment Plan: Motion by Roussell to receive and file the documents and schedule the work session for February 12, 2024, at 6:00 p.m. Seconded by Sprank. Mo- tion carried 7-0. 11. Work Session Request: City Prevention and Response to an Active Aggressor Situa- tion: Motion by Jones to receive and file the documents and schedule the work session for April 15, 2024, at 5:15 p.m. Seconded by Wethal. Motion carried 7-0. 12. Work Session Request: Iowa Jobs for America's Graduates (iJAG) City Life Student Presentation to City Council: Motion by Rous- sell to receive and file the documents and schedule the work session for May 6, 2024, at 6:00 p.m. Seconded by Jones. Motion carried 7-0. 13. Curbside Collections - Battling the El- ements Video: Motion by Farber to receive and file the documents and view the video. Se- conded by Wethal. Media Services showed a video produced following the January 9 through 12, 2024, snow events on curbside collections during winter conditions. The video can be viewed at https://youtu.be/BeGKgLbRe BM?si=1cllMXRq ZOUrXf3. Motion carried 7- 0. Page 113 of 1311 27 Special Session, February 12, 2024 Book 154 COUNCIL MEMBER REPORTS Council Member Sprank reported on advo- cating for the residents of the Table Mound Mobile Home Park at the Iowa State Capital during the current legislative session. Council Member Jones reported on recent- ly traveling via Route 66 and commended Dubuque's cleanliness compared to some of his travel destinations. Council Member Farber reported on the Female Student -Athletes Golden Jubilee Cel- ebration at Dubuque Senior High School, her service on the National League of Cities (NLC) Information Technology Committee and Artifi- cial Intelligence Advisory Committee, present- ing to Alternative Learning Center students at Magoo's Pizza, and Simmons Pet Food's re- cent ribbon cutting at their new facility. Council Member Wethal reported on at- tending the Dubuque Police Department's Awards and Recognition Program and Sim- mons Pet Food's recent ribbon cutting. Mayor Cavanagh reported on attending the United States Conference of Mayors annual meeting in Washington D.C., becoming Presi- dent -Elect of the Iowa League of Cities (ILC), and chairing ILC's Legislative Policy Commit- tee. Mayor Cavanagh additionally mentioned two upcoming Dubuque Area Chamber of Commerce events: Dubuque Night in Des Moines and the D.C. Fly -In. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 8:57 p.m. to discuss Confidential Rec- ords and Purchase or Sale of Real Estate — Chapter 21.5(1)(a),(j) Code of Iowa. Seconded by Sprank. 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 Brum- well. 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 9:59 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 12, 2024, 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 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 Chaplain Schmitt Island Rede- velopment Plan. WORK SESSION Chaplain Schmitt Island Redevelopment Plan Economic Development Director Jill Con- nors introduced Dubuque Racing Association (DRA) President and CEO Alex Dixon. Mr. Dixon presented the Redevelopment Plan for Chaplain Schmitt Island with Ryan Peterson, Senior Partner of RDG Planning & Design, and Chris Brewer, Vice President of Economics and Planning at AECOM. City Council Mem- bers recommended potential partnerships with local universities and the Dubuque Audubon Society regarding the islands' conservation aspects. Regarding the City Council's role in the island's redevelopment, Mr. Dixon stated that the City Council's role is to provide direc- tion on redevelopment for the DRA to imple- ment. Mr. Dixon further stated that timing of the implementation will be based on funding. Mr. Dixon and Mr. Peterson responded to questions regarding the floodplain, stating that considerations will be made on the areas that are commercially viable to raise the floodplain. Responding to a question from the City Coun- cil, Planning Services Director Wally Werni- mont stated that the island's Planned Unit De- velopment (PUD) must be amended to include residential to the list of permitted uses if the City Council wanted to offer housing options on the island. This process would involve pub- lic hearings of the Zoning Advisory Commis- sion and the City Council. City Manager Van Milligen stated that the intent of the work ses- sion was to present information to the City Council for consideration in future discussions on the island's redevelopment. Page 114 of 1311 28 Special Session, February 19, 2024 Book 154 CLOSED SESSION Motion by Jones to convene in closed ses- sion at 7:29 p.m. to discuss Purchase or Sale of Real Estate — Chapter 21.5(1)0) 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 At- torney Brumwell. Motion carried 7-0. The City Council reconvened in open ses- sion at 9:10 p.m. stating that staff had been given proper direction. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 9:10 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 February 19, 2024, 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 (attended virtually), 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 officer involved shooting proce- dures. WORK SESSION Officer Involved Shooting Procedures Assistant Police Chief Joe Messerich pre- sented on the Dubuque Police Department's policy and procedures when a police officer is involved in an officer involved shooting or use of force incident causing death. Mr. Messerich responded to questions from the City Council regarding factors that increase the possibility of a threatful situation and how officer re- sources have evolved over time. City Council Members praised the police department's pro- active approach of sharing its policies and utilizing national conferences to develop best practices. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:22 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk Page 115 of 1311 29 Regular Session, February 19, 2024 Book 154 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 19, 2024, 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 (attended virtually), Wethal; City Manager Van Milligen, City Attorney Brumwell. Mayor Cavanagh read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PROCLAMATION(S) 1. National Eating Disorder Awareness Week (February 26 - March 1, 2024) was ac- cepted by Jami Schadler on behalf of NAMI Dubuque. 2. Dubuque's Read Across America Day (March 2, 2024) was accepted by Beth McGor- ry on behalf of St. Mark Youth Enrichment. CONSENT ITEMS Council Member Resnick requested Item No. 8 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. 8. Seconded by Farber. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of February 5 and Febru- ary 12, 2024; Community Development Advi- sory Commission Minutes of January 17, 2024; Library Board of Trustees Updates of December 21, 2023, and January 25, 2024; Zoning Advisory Commission Minutes of Feb- ruary 7, 2024; Proof of Publication for City Council Proceedings of January 16, 2024. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Kami Adolf for vehicle damage; April Colehour for person- al injury; Douglas Harkey for property damage; Nick May for property damage; Natalie Olt- manns 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: Kami Adolf for vehicle damage; April Colehour for personal injury; Douglas Harkey for property damage; Nick May for property damage; Natalie Oltmanns for vehicle dam- age. 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. 33-24 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. 33-24 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 generally accepted internal control procedures and have been determined to have been req- uisitioned for a lawful municipal purpose; and Whereas, the Chief Financial Officer -City Treasurer has provided a list of Expenditures attached hereto, and by this reference made a part hereof, to be drawn to pay for goods and services provided for City purposes; and Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142-18 adopted May 7, 2018, authorized the Chief Financial Officer -City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. 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. Page 116 of 1311 Book 154 Regular Session, February 19, 2024 30 Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Chief Financial Officer are hereby authorized and directed to provide the statement of receipts and disbursements to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 19' day of February 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Fiscal Year 2024 Main Street Iowa Pro- gram Agreement: Upon motion the documents were received and filed, and Resolution No. 34-24 Approving an Agreement by and among the Iowa Economic Development Authority, Dubuque Main Street, Ltd. and the City of Dubuque providing for the Dubuque Main Street Program in the City of Dubuque was adopted. RESOLUTION NO. 34-24 APPROVING AN AGREEMENT BY AND AMONG THE IOWA ECONOMIC DEVELOP- MENT AUTHORITY, DUBUQUE MAIN STREET, LTD. AND THE CITY OF DUBU- QUE PROVIDING FOR THE DUBUQUE MAIN STREET PROGRAM IN THE CITY OF DUBUQUE Whereas, an Agreement by and among the Iowa Economic Development Authority, Dubu- que Main Street, LTD. and the City of Dubu- que has been prepared for the purpose of con- tinuing the Local Main Street Program in the City of Dubuque; and Whereas, this Agreement is pursuant to contractual agreements between Dubuque Main Street, LTD., and the Iowa Economic Development Authority to assist in the revitali- zation of the designated Main Street District of the City of Dubuque IA.; and, Whereas, the City Council of the City of Dubuque endorses the goal of economic revi- talization of the Main Street District within the context of preservation and rehabilitation of its historic buildings and supports the continuation of the Main Street Approach as developed by Main Street America and espoused by Main Street Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the City of Dubuque hereby agrees to support both financially and philo- sophically the work of Dubuque Main Street, LTD., designates the Main Street, LTD. Board to supervise the Executive Director, and com- mits to appoint a City official to represent the City on the local Main Street LTD. Board. The source of funds to support Dubuque Main Street will be from the City's General Fund. Section 2. That the Mayor is hereby au- thorized and directed to execute the attached 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 Agreement as herein approved. Passed, approved and adopted this 19th day of February 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Correspondence to Iowa Utilities Board on Alliant Energy's Proposed Electric Rate Increase: City Manager recommended City Council approval to send the attached letter to the Iowa Utilities Board on Alliant Energy's Proposed Electric Rate Increase. Upon motion the documents were received, filed, and ap- proved. 7. Calendar Year 2023 Urban Revitaliza- tion Program Applications: Upon motion the documents were received and filed, and Reso- lution No. 35-24 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. 35-24 APPROVING PROPERTY TAX ABATEMENT APPLICATIONS SUBMITTED BY PROPER- TY OWNERS IN URBAN REVITALIZATION AREAS AND AUTHORIZING THE TRANS- MITTAL OF THE APPROVED APPLICA- TIONS TO THE CITY TAX ASSESSOR Whereas, Chapter 404 of the Code of Io- wa, 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 application for abatement by February 1, 2024, of the assessment year for which the abate- ment is first claimed and requires the City Council to approve all applications that meet the requirements of the adopted Urban Revi- talization Plan. Copies of the Urban Revitaliza- tion applications are forwarded to the City As- sessor for review by March 1, 2024; and Whereas, pursuant to the requirements of said Urban Revitalization Act, the following Urban Revitalization Areas were established: Dubuque Urban Revitalization Area, Alta Vista, Radford Rd, 210 Jones St, Kunkel & Associ- ates, Lange Estates; and Whereas, the City of Dubuque, as of Feb- ruary 1, 2024, received tax abatement applica- tions from the following property owners in the aforementioned urban revitalization districts eligible for tax exemption for the time period Page 117 of 1311 Book 154 Regular Session, February 19, 2024 31 indicated: District, Address, Property Owner, Type of Property, Exemption Period DBQ UR Area, 1540 Central Ave, Real Proper- ty Investments, LLC, Residential, 10-year DBQ UR Area, 514 E 22"d St, Jacob & Kelly Kohlhaas, Residential, 10-year DBQ UR Area, 308 Hill St., 308 Hill St LLC, Residential, 10-year DBQ UR Area, 524 Lincoln Ave., Kellhoff Properties, LLC, Residential, 10-year DBQ UR Area, 1141 Main St, St. Luke's Meth- odist Church, Residential, 10-year DBQ UR Area, 1090 Melrose Terr., Mary Messler, Residential, 10-year DBQ UR Area, 346 W Locust St., Weaver Castle LLC, Residential, 10-year DBQ UR Area, 348 W Locust St., Weaver Castle LLC, Residential, 10-year DBQ UR Area, 612 Lincoln Ave., Affordable Housing Network, Inc, Residential, 10-year DBQ UR Area, 1448 Washington, Affordable Housing Network, Inc, Residential, 10-year DBQ UR Area, 877 Wilson, Affordable Hous- ing Network, Inc, Residential, 10-year DBQ UR Area, 2860 Centra Avel, Justyna Miranda, Residential, 10-year Whereas, the Housing and Community Development 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 DUBUQUE, IA.: 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 - described tax abatement applications to the City Assessor. Passed, approved, and adopted this 19th day of February 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 8. 3000 Jackson, Dubuque Brewing and Malting Building Update: Council Member Resnick requested confirmation on which por- tion of the structure is planned for demolition. Housing and Community Development Direc- tor Alexis Steger stated that only the portion of the structure located at 3000 Jackston St. will be demolished. Ms. Steger further stated that the most recent update from the developer indicated that the electrical in the building will need to be re -energized. Motion by Resnick to receive and file the documents. Seconded by Farber. Motion carried 7-0. 9. Communications Specialist Position: City Manager recommended City Council ap- proval to switch the part-time (0.75 FTE) Communications Specialist position in the Public Information Office to a full-time position and make the currently full-time Communica- tions Assistant position in the Public Infor- mation Office a part-time (0.75 FTE) position. Upon motion the documents were received, filed, and approved. 10. March/April 2024 City News Newslet- ter: City Manager provided a copy of the March/April 2024 City News Newsletter that will be distributed with City utility bills from February 14 through March 6, 2024. *Note: The Fiscal Year 2025 Budget Public Meetings Schedule has changed since publication of the newsletter. The current schedule can be viewed at: https://www.citvofdubugue.org/3161 /Fiscal-Year-2025- Budget. Upon motion the documents were received and filed. 11. Approve Professional Consultant Ser- vices Supplemental AgreementError! Book- mark not defined. No.1 Smart Traffic Routing with Efficient & Effective Traffic System (STREETS) Iowa DOT Project No. EDP-2100 (699)-7Y-31: Upon motion the documents were received and filed, and Resolution No. 36-24 Approving Consultant Professional Ser- vices - Supplemental Agreement No. 1 be- tween the City of Dubuque and Parsons Transportation Group, Inc. for the Smart Traffic Routing with Efficient and Effective Traffic Sys- tem (STREETS) Project was adopted. RESOLUTION NO. 36-24 APPROVING CONSULTANT PROFESSION- AL SERVICES - SUPPLEMENTAL AGREE- MENT NO. 1 BETWEEN THE CITY OF DUBUQUE AND PARSONS TRANSPORTA- TION GROUP, INC. FOR THE SMART TRAFFIC ROUTING WITH EFFICIENT AND EFFECTIVE TRAFFIC SYSTEM (STREETS) PROJECT Whereas, the City Council approved the selection of Parsons Transportation Group, Inc. (Parsons) to design and implement the STREETS project; and Whereas, Parsons assembled an in-depth, multidisciplinary project team with the capabil- ity, talent, qualifications, and experience to successfully complete the goals and objectives of STREETS; and Whereas, Parsons has committed to Page 118 of 1311 Book 154 Regular Session, February 19, 2024 32 achieving the 5.0% Disadvantaged Business Enterprise (DBE) goal for the Project; and Whereas, Supplemental Agreement No. 1 approves revisions to the original contract agreement scope of services, and replacing subconsultant, Transmart/EJM, with Alrek Business Solutions Inc. as part of Parsons team to design and implement the Smart Traf- fic Routing with Efficient and Effective Traffic System (STREETS) project; and Whereas, since TranSmart no longer quali- fies as a DBE firm, Parsons is proposing to remove TranSmart from the consultant team and add Alrek Business Solutions Inc. to the team as the replacement DBE firm. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA., THAT: Section 1. That Professional Consultant Services - Supplemental Agreement No. 1 with Parsons Transportation Group, Inc. for the Smart Traffic Routing with Efficient & Effective Traffic System (STREETS) project is hereby approved, subject to the concurrence of the Iowa Department of Transportation. Section 2. The City Manager is authorized and directed to execute the Professional Con- sultant Services - Supplemental Agreement No.1 with Parsons Transportation Group, Inc. Passed, approved and adopted this 191h day of February 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 12. Catfish Creek Watershed Management Authority City Staff Appointment to the Board of Directors: Upon motion the documents were received and filed, and Resolution No. 37-24 Authorizing the City Manager to appoint City Staff Representatives to the Catfish Creek Watershed Management Authority Board of Directors was adopted. RESOLUTION NO. 37-24 AUTHORIZING THE CITY MANAGER TO APPOINT CITY STAFF REPRESENTATIVES TO THE CATFISH CREEK WATERSHED MANAGEMENT AUTHORITY BOARD OF DIRECTORS Whereas, the City Council of the City of Dubuque, IA. entered a 28E agreement among the Cities of Asbury, Centralia, and Peosta; Dubuque County; and the Dubuque Soil and Water Conservation District that formed the Catfish Creek Watershed Management Au- thority (CCWMA); and Whereas, the 28E agreement established a nine -member Board of Directors to be com- prised of representatives from the parties to the agreement with three to be appointed by the City of Dubuque; and Whereas, the City Council established that the three representatives to serve on the CCWMA Board of Directors from the City of Dubuque shall consist of one staff member as recommended by the City Manager and two qualified citizens with an application process like that of the boards and commissions pro- grams; and Whereas, allowing the City Manager to ap- point the city staff representative would better ensure the continuity of City staff on the CCWMA Board. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Authorizes the City Manager to appoint the City staff representative on the Catfish Creek Watershed Management Authority Board of Directors. Passed, approved, and adopted this 19th day of February 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 13. Request to Eliminate Assistant Public Works Director, Hire an Additional Field Oper- ations Supervisor, and adjust the Part-time Administrative Assistant to Full-time: Upon motion the documents were received, filed, and approved. 14. Historic Preservation Commission (HPC) Annual Workplan revision for Calendar Year 2024: Upon motion the documents were received, filed, and approved. 15. Approval of Retail Alcohol Licenses: Upon motion the documents were received and filed, and Resolution No. 38-24 Approving applications for retail alcohol licenses, as re- quired 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. 38-24 APPROVING APPLICATIONS FOR RETAIL ALCOHOL LICENSES, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANC- ES 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 re- quirements of the Code of Ordinances. Page 119 of 1311 Book 154 Regular Session, February 19, 2024 33 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. 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 7 Hills Brewing Co., 333 East 10th St. Auto Workers AFL-CIO, 3450 Central Ave. Lalo's, 1091 University Ave Rusty Taco, 3333 Asbury Rd. Renewals Convivium Urban Farmstead, 2811 Jackson St. Dollar General 6896, 605 West Locust St. Dollar General 10074, 2400 Gateway Dr. Dollar General 7289, 3250 Kennedy Cir. Ste. 8 Dubuque Mining Co., 555 John F. Kennedy Rd. Ste. 600 Dungeon Ltd, 302 Locust St. Gin Rickeys, 1447 Central Ave. Hammerheads Bar & Billiards, 2095 Kerper Blvd. Ste. 2 Hy-Vee Market Cafe 3, 400 Locust St. Cafe Area Millwork Marketplace, 333 East 10th St. Ste, 12 Northside Bar, Inc., 2776 Jackson St. The Richards House B&B, 1492 Locust St. Premises Updates Grand River Center, 500 Bell St Millwork Marketplace — Backpocket Update, 333 East loth St. Millwork Marketplace — 7 Hills Update, 333 East 10th St. Millwork Marketplace — Lower -Level Update, 333 East 10th St. Third Corner, 210 West 1st St Change in Ownerships Auto Workers AFL-CIO, 3450 Central Ave. Fas Mart #5159, 2175 Central Ave. Grand River Center, 500 Bell St. Sid's Beverage Store, 2727 Dodge St. Special Event(s) per Special Event Application Submittal Camp Albrecht Acres, 500 Bell St. New Applications Provisional Issuances EL1 Dubuque, 555 J.F. Kennedy Rd. Ste. 415 Voices Studio, 1585 Central Ave. Passed, approved, and adopted this 191h day of February 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk BOARDS/COMMISSIONS Appointments were made to the following boards/commissions. 1. Community Development Advisory Commission: One, 3-Year Term through Feb- ruary 15, 2027 (Expiring Low/Moderate In- come Representative term of Hammel Jr.). Applicant: Gerald Hammel Jr., 1225 1/2 Rhomberg Ave. - Qualifies as Low/Moderate Income Representative. Motion by Jones to appoint Mr. Hammel Jr. to the three-year term through February 15, 2027. Seconded by Wethal. Motion carried 7-0. 2. Transit Advisory Board: One, 3-Year Term through July 30, 2026 (Vacant term of Daughters). Applicant: Dora Serna, 2160 Mar- ion Street. Motion by Roussell to appoint Ms. Serna to the three-year term through July 30, 2026. Seconded by Farber. Motion carried 7-0. PUBLIC HEARINGS 1. Request to Rezone 1646 Asbury Road: 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 Wethal. Planning Ser- vices Director Wally Wernimont provided a staff report. Responding to questions from the City Council, Mr. Wernimont stated that the property fulfills all parking requirements, that the proposed expansion of the Dog House Lounge into another portion of the building will allow for reconfiguration of the business, and that all property owners within 200 feet of the property were notified of the requested rezon- ing. City Council Members expressed support for the rezoning and thanked Planning Ser- vices staff for the information provided for pub- lic hearings. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 2-24 Amending Title 16 of the City of Dubuque Code of Ordi- nances, Unified Development Code, by reclas- sifying hereinafter described property located at 1646 Asbury Road from C-2 Neighborhood Shopping Center District to C-3 General Commercial District. Seconded by Wethal. Motion carried 7-0. ORDINANCE NO. 2-24 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLAS- SIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1646 ASBURY ROAD FROM C-2 NEIGHBORHOOD SHOP- PING CENTER DISTRICT TO C-3 GENERAL COMMERCIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code, is hereby amended by reclassi- fying the hereinafter —described property from Page 120 of 1311 Book 154 Regular Session, February 19, 2024 34 C-2 Neighborhood Shopping Center District to C-3 General Commercial District, to wit: The North '/2 & South '/2 of Lot 3 Finley's Addition and to the centerline of the ad- joining public right-of-way, all in the City of Dubuque, IA. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, IA. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved and adopted this 191h day of February, 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Request to Rezone Property on Airborne Road: 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 Farber. Planning Services Director Wally Wernimont provided a staff report. Ken Miller, Dubuque Metropolitan Area Solid Waste Agency Administrator, stated his availability for questions. Responding to a question from the City Council on the timeline for constructing the residential and small load drop-off facility, Mr. Miller stated that 30% of the design has been completed. Staff aim to have 90% of the design completed by next month. Awarding the bid is scheduled to occur in May or June of 2024, with the goal of open- ing the new facility in late summer or early fall of 2025. City Council Members expressed enthusiasm for the project. Motion carried 7-0. Motion by Roussell for final consideration and passage of Ordinance No. 3-24 Amending Title 16 of the City of Dubuque Code of Ordi- nances, Unified Development Code, by reclas- sifying hereinafter described property located at Airborne Road (PIN 1506200016) from AG Agriculture to HI Heavy Industrial. Seconded by Farber. Motion carried 7-0. ORDINANCE NO. 3-24 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLAS- SIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT AIRBORNE ROAD (PIN 1506200016) FROM AG AGRI- CULTURE TO HI HEAVY INDUSTRIAL NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, the Unified Development Code, is hereby amended by reclassifying the hereinafter -described property from AG Agriculture to HI Heavy In- dustrial, to wit: PIN 1506200016 as shown on Exhibit A, all in the City of Dubuque, IA. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, IA. Section 3. This Ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 19th day of February 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 3. Resolution of Adoption for the Amend- ment of the Dubuque Industrial Center Eco- nomic Development District Urban Renewal Plan, Version 2024.1: Motion by Resnick to receive and file the documents and adopt Resolution No. 39-24 Approving the Amended and Restated Urban Renewal Plan, Version 2024.1, for the Dubuque Industrial Center Economic Development District. Seconded by Wethal. Motion carried 7-0. RESOLUTION NO. 39-24 APPROVING THE AMENDED AND RE- STATED URBAN RENEWAL PLAN, VER- SION 2024.1, FOR THE DUBUQUE INDUS- TRIAL CENTER ECONOMIC DEVELOP- MENT DISTRICT Whereas, by Resolution 13-24 adopted on January 16, 2024, the City Council of the City of Dubuque, IA. 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 2024.1, 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 expand the District by creating Subarea U as shown in the Amended and Restated Urban Renewal Plan, Version 2024.1, 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 Io- wa 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. Page 121 of 1311 Book 154 Regular Session, February 19, 2024 35 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the Amended and Restated Urban Renewal Plan for the Dubuque Industri- al Center Economic Development District, Version 2024.1, 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- residential use is expected and with reference to those portions thereof which are to be de- veloped for non-residential uses, such non- residential uses are necessary and appropriate to facilitate the proper growth and develop- ment of the City in accordance with sound planning standards and local community ob- jectives. Section 3. That the District, as amended, continues to be an area for economic devel- opment (commercial and industrial) within the meaning of Iowa Code Chapter 403; that such area is eligible for designation as an urban renewal area and otherwise meets all requi- sites under the provisions of Iowa Code Chap- ter 403; and that the rehabilitation, conserva- tion, redevelopment, development, or a com- bination thereof, of such area is necessary in the interest of the public health, safety or wel- fare 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, IA. 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 19th day of February 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Resolution of Adoption for the Amend- ment of the Dubuque Industrial Center Eco- nomic Development District Urban Renewal Plan, Version 2024.2: Motion by Resnick to receive and file the documents and adopt Resolution No. 40-24 Approving the Amended and Restated Urban Renewal Plan, Version 2024.2, for the Dubuque Industrial Center Economic Development District. Seconded by Wethal. Motion carried 7-0. RESOLUTION NO. 40-24 APPROVING THE AMENDED AND RE- STATED URBAN RENEWAL PLAN, VER- SION 2024.2, FOR THE DUBUQUE INDUS- TRIAL CENTER ECONOMIC DEVELOP- MENT DISTRICT Whereas, by Resolution 13-24 adopted on January 16, 2024, the City Council of the City of Dubuque, IA. 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 2024.2, 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 District by creating Subarea V as shown in the Amended and Restated Urban Renewal Plan, Version 2024.2, 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 Io- wa 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, IA.: Section 1. That the Amended and Restated Urban Renewal Plan for the Dubuque Industri- al Center Economic Development District, Version 2024.2, 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- residential use is expected and with reference to those portions thereof which are to be de- veloped for non-residential uses, such non- residential uses are necessary and appropriate to facilitate the proper growth and develop- ment of the City in accordance with sound planning standards and local community ob- jectives. Page 122 of 1311 Book 154 Regular Session, February 19, 2024 36 Section 3. That the District, as amended, continues to be an area for economic devel- opment (commercial and industrial) within the meaning of Iowa Code Chapter 403; that such area is eligible for designation as an urban renewal area and otherwise meets all requi- sites under the provisions of Iowa Code Chap- ter 403; and that the rehabilitation, conserva- tion, redevelopment, development, or a com- bination thereof, of such area is necessary in the interest of the public health, safety or wel- fare 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, IA. 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 191h day of February 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Public Hearing & Approval of Amended Urban Revitalization Plans: Motion by Wethal to receive and file the documents and adopt the resolution. Point of Order by Cavanagh that the agenda item consists of multiple reso- lutions. Motion amended by Wethal to receive and file the documents and adopt Resolution No. 41-24 Approving the adoption of an Amended Urban Revitalization Plan for the Radford Road Urban Revitalization Area; Res- olution No. 42-24 Approving the adoption of an Amended Urban Revitalization Plan for the Alta Vista Urban Revitalization Area; Resolu- tion No. 43-24 Approving the adoption of an Amended Urban Revitalization Plan for the Dubuque Urban Revitalization Area; Resolu- tion No. 44-24 Approving the adoption of an Amended Urban Revitalization Plan for the Bies Drive Urban Revitalization Area; and Resolution No. 45-24 Approving the adoption of an Amended Urban Revitalization Plan for the Plaza Drive Urban Revitalization Area. Seconded by Farber. City Council Members thanked City staff for their efforts on the amended plans. Motion carried 7-0. RESOLUTION NO. 41-24 APPROVING THE ADOPTION OF AN AMENDED URBAN REVITALIZATION PLAN FOR THE RADFORD ROAD URBAN REVI- TALIZATION AREA Whereas, on December 8, 2018, the City approved an Urban Revitalization Plan (the Plan) for the Radford Road Urban Revitaliza- tion Area; and Whereas, on February 5, 2024, the City Council set a public hearing to be held on Feb- ruary 19, 2024, for the review and approval of an amendment to the Plan; and Whereas, the City held the required public hearing on February 19, 2024, and proposes adoption of the Plan as amended. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: The Amended Urban Revitalization Plan for the area known as the Radford Road Urban Revitalization Area is hereby approved. Passed, approved and adopted this 19th day of February 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 42-24 APPROVING THE ADOPTION OF AN AMENDED URBAN REVITALIZATION PLAN FOR THE ALTA VISTA URBAN REVITALI- ZATION AREA Whereas, on January 7, 2018, the City ap- proved an Urban Revitalization Plan (the Plan) for the Alta Vista Urban Revitalization Area; and Whereas, on February 5, 2024, the City Council set a public hearing to be held on Feb- ruary 19, 2024, for the review and approval of an amendment to the Plan; and Whereas, the City held the required public hearing on February 19, 2024 and proposes adoption of the Plan as amended. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: The Amended Urban Revitalization Plan for the area known as the Alta Vista Urban Revitalization Area is hereby approved. Passed, approved and adopted this 19th day of February 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 43-24 APPROVING THE ADOPTION OF AN AMENDED URBAN REVITALIZATION PLAN FOR THE DUBUQUE URBAN REVITALIZA- TION AREA Whereas, on November 4, 2019, the city approved an Urban Revitalization Plan (the Plan) for the Dubuque Urban Revitalization Area; and Whereas, on February 5, 2024, the City Council set a public hearing to be held on Feb- ruary 19, 2024, for the review and approval of an amendment to the Plan; and Whereas, the City held the required public hearing on February 19, 2024, and proposes adoption of the Plan as amended. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Page 123 of 1311 Book 154 Regular Session, February 19, 2024 37 The Amended Urban Revitalization Plan for the area known as the Dubuque Urban Revitalization Area is hereby approved. Passed, approved and adopted this 191h day of February 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 44-24 APPROVING THE ADOPTION OF AN AMENDED URBAN REVITALIZATION PLAN FOR THE BIES DRIVE URBAN REVITALI- ZATION AREA Whereas, on November 7, 2022, the City approved an Urban Revitalization Plan (the Plan) for the Bies Drive Urban Revitalization Area; and Whereas, on February 5, 2024, the City Council set a public hearing to be held on Feb- ruary 19, 2024, for the review and approval of an amendment to the Plan; and Whereas, the City held the required public hearing on February 19, 2024, and proposes adoption of the Plan as amended. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: The Amended Urban Revitalization Plan for the area known as the Bies Drive Urban Revitalization Area is hereby approved. Passed, approved and adopted this 191h day of February 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 45-24 APPROVING THE ADOPTION OF AN AMENDED URBAN REVITALIZATION PLAN FOR THE PLAZA DRIVE URBAN REVITALI- ZATION AREA Whereas, on November 7, 2022, the City approved an Urban Revitalization Plan (the Plan) for the Plaza Drive Urban Revitalization Area; and Whereas, on February 5, 2024, the City Council set a public hearing to be held on Feb- ruary 19, 2024, for the review and approval of an amendment to the Plan; and Whereas, the City held the required public hearing on February 19, 2024, and proposes adoption of the Plan as amended. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: The Amended Urban Revitalization Plan for the area known as the Plaza Drive Urban Revitalization Area is hereby approved. Passed, approved and adopted this 191h day of February 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk ACTION ITEMS 1. National Mississippi River Museum & Aquarium 20th Anniversary Update: Motion by Resnick to receive and file the documents and view the presentation. Seconded by Wethal. National Mississippi River Museum & Aquari- um President and CEO Kurt Strand made a presentation regarding the museum's 20th an- niversary. City Council Members commended the museum's partnerships; its diversity, equi- ty, inclusion, and accessibility initiatives; and serving as a beacon for tourism of the Missis- sippi River. Motion carried 7-0. 2. Approval of English Ridge Park Concept Plan: Motion by Wethal to receive and file the documents and approve the English Ridge Park concept plan. Seconded by Resnick. Mo- tion carried 7-0. 3. RAISE Infrastructure Implementation Grant: Building Bridges to Employment and Equity (B2E2) Project - Approve Grant Appli- cation Submission: Motion by Farber to re- ceive and file the documents and adopt Reso- lution No. 46-24 Authorizing the filing of a grant application with the U.S. Department of Transportation (USDOT) for a RAISE Infra- structure Implementation Grant to assist with funding for proposed improvements to con- struct specific elements of the Building Bridges to Employment and Equity (B2E2) Project. Seconded by Jones. Responding to a question from the City Council about other opportunities to mitigate increased train traffic, City Manager Van Milligen stated that the city is examining the feasibility of railroad quiet zones through a partnership with the East Central Intergovern- mental Association's (ECIA) Dubuque Metro- politan Area Transportation Study (DMATS). Mr. Van Milligen emphasized that this initiative is separate from the agenda item. Director of Strategic Partnerships Teri Goodmann stated that other railroad intersections are being ex- amined for potential funding from Consolidated Rail Infrastructure and Safety Improvements (CRISI) grants. City Council Members stressed the importance of the project and spoke about United States Secretary of Transportation Pete Buttigieg touring the project site earlier this year. Motion carried 7-0. RESOLUTION NO. 46-24 AUTHORIZING THE FILING OF A GRANT APPLICATION WITH THE U.S. DEPT. OF TRANSPORTATION (USDOT) FOR A RAISE INFRASTRUCTURE IMPLEMENTATION GRANT TO ASSIST WITH FUNDING FOR PROPOSED IMPROVEMENTS TO CON- STRUCT SPECIFIC ELEMENTS OF THE BUILDING BRIDGES TO EMPLOYMENT AND EQUITY (B2E2) PROJECT Page 124 of 1311 Book 154 Regular Session, February 19, 2024 38 Whereas, the City was awarded a USDOT RAISE Infrastructure Planning Grant which is providing for the planning and design of a mul- timodal transportation corridor project for pro- posed improvements to the Elm St. corridor, the 16th St. corridor, the Kerper Blvd. corridor, Chaplain Schmitt Island corridor, and the pro- posed 14th St. Railroad (vehicular and pedes- trian) Overpass bridge project; and Whereas, the multimodal transportation corridors will connect vulnerable neighbor- hoods and low-income residents with econom- ic opportunities, recreational amenities and key community resources in the Kerper Blvd. Industrial Park, on Chaplain Schmitt Island, in downtown Dubuque and its Historic Millwork District, and on the west side of the city via the downtown Intermodal Transportation Center; and Whereas, the RAISE Planning Grant is be- ing used for planning and design of physical connections that will directly benefit low- income residents in Areas of Persistent Pov- erty (Census Tracts 1 and 5) by connecting them to economic opportunities such as the Kerper Blvd. Industrial Park and Chaplain Schmitt Island, and key community assets; and Whereas, the impending increase in train traffic due to the recent merger of the Canadi- an Pacific and Kansas City Southern railroads will negatively impact our region with the num- ber of trains passing daily through the down- town urban core of the City doubling, from 9 trains to 18 trains by 2027; and Whereas, this increase in daily train traffic will lead to significant delays at 10 existing at - grade rail crossings and will hinder the efficient movement of people and goods, significantly impacting vulnerable neighborhoods, emer- gency response, and key employment centers; and Whereas, improving safety for all users is a key goal of the RAISE Infrastructure Imple- mentation Grant; and Whereas, a primary focus of the B2E2 pro- ject is the elimination of an at -grade rail cross- ing conflict on 14t' Street and provide for the planning and design a proposed vehicular and pedestrian overpass bridge which will connect downtown residents to job opportunities while avoiding train crossing delays that negatively impact the safe and efficient movement of people and goods to and from the Kerper Blvd. Industrial Park and Chaplain Schmitt Island; and Whereas, the B2E2 project will also focus on multimodal transportation corridors with "complete streets" improvements along Elm St. and 16th St. corridors, an improved pedestri- an/bike shared use path adjacent to the exist- ing 16th St. Peosta Channel bridge to Chaplain Schmitt Island, and incorporating multi -lane roundabouts at the 16th St. / Sycamore St. intersection, and the Admiral Sheehy Dr. / Greyhound Park intersection on Chaplain Schmitt Island; and Whereas, the City of Dubuque has deter- mined that the proposed multimodal transpor- tation corridor improvements will directly bene- fit low-income residents in Areas of Persistent Poverty (Census Tracts 1 and 5) by providing significant safety improvements, while con- necting them to economic opportunities such as the Kerper Blvd. Industrial Park and Chap- lain Schmitt Island, and key community assets; and Whereas, the City of Dubuque is seeking the necessary RAISE grant funding for project implementation, and upon completion, in co- operation with the USDOT, be responsible for adequately maintaining and operating the B2E2 improvements for public use and benefit during the project's useful life. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQE, IA., THAT: Section 1. The City is hereby authorized to file the grant application with the U.S. Depart- ment of Transportation for a RAISE Infrastruc- ture Implementation Grant to assist with fund- ing for proposed improvements to construct specific elements of the Building Bridges to Employment and Equity (B2E2) Project. Passed, approved, and adopted this 19th day of February 2024 Brad M. Cavanagh, Mayor Attest: Adreinne N. Breitfelder, City Clerk 4. Smart Parking & Mobility Management Plan: Parking Access Revenue Control Sys- tem Request to Distribute RFP and Create an RFP Review Committee - CIP 360-2936: Mo- tion by Resnick to receive and file the docu- ments and approve distributing a Request for Proposals (RFP) for services related to instal- lation of a Parking Access Revenue Controls System (PARCS) at six parking ramps and the Port of Dubuque Parking Lot adjacent to the former McGraw-Hill building. Seconded by Jones. Responding to questions from the City Council, Director of Transportation Services Ryan Knuckey stated that city staff are looking to upgrade its parking ramp technology and to offer users the option of registering their li- cense plates for automatic payment when us- ing parking ramps. Mr. Knuckey further stated that the RFP welcomes vendor input on the city's current designs. Project Manager Steve Sampson Brown stated that the implementa- tion plan will be presented to the City Council in May or June and will involve policy deci- sions. Motion carried 7-0. Page 125 of 1311 Book 154 Regular Session, February 19, 2024 39 5. Approval of Economic Development As- sistance Contract 23-HQJP-011 by and among McCoy Group, Inc., City of Dubuque, and Iowa Economic Development Authority: Motion by Resnick to receive and file the documents and adopt Resolution No. 47-24 Authorizing the execution of an Economic Development Assis- tance Contract by and among McCoy Group, Inc., the City of Dubuque, IA., and the Iowa Economic Development Authority. Seconded by Farber. City Council Members expressed appreciation for McCoy Group, Inc.'s invest- ment in the area. Motion carried 7-0 RESOLUTION NO. 47-24 AUTHORIZING THE EXECUTION OF AN ECONOMIC DEVELOPMENT ASSISTANCE CONTRACT BY AND AMONG MCCOY GROUP, INC., THE CITY OF DUBUQUE, IA., AND THE IOWA ECONOMIC DEVELOP- MENT AUTHORITY Whereas, McCoy Group, Inc. has pro- posed making an approximately Thirty -Three Million Dollar ($33,000,000.00) investment for the development of its headquarters office facility at 501 Bell Street in the City of Dubu- que, IA. which will allow the creation of eight- een (18) full-time jobs in the City; and Whereas, the City Council of the City of Dubuque, IA. has considered the proposal and has determined that the proposed project will contribute to the local economy; and Whereas, financial assistance from the Io- wa Economic Development Authority is de- signed to assist in the economic development efforts of local jurisdictions; and Whereas, the Iowa Economic Development Authority has requested execution of an Eco- nomic Development Assistance Contract in order to finalize incentives and document as- sociated terms for the proposed project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the execution of Economic Development Assistance Contract 23-HQJP- 011 for participation in the Iowa Economic Development Authority's Financial Assistance Program on behalf of McCoy Group, Inc., a copy of which is attached hereto, is hereby approved. Section 2. That the Mayor is hereby au- thorized to execute and the City Manager is hereby directed to submit the Economic De- velopment Assistance Contract to the Iowa Economic Development Authority together with such other documents as may be required. Passed, approved, and adopted this 19th day of February 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Amending Tax Increment Ordinance 30- 23-A for the Dubuque Industrial Center Eco- nomic Development District, as amended by Version 2024.1 of the Amended and Restated Plan: 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. City Attor- ney Brumwell stated that the ordinance titles for this action item and Action Item No. 7 con- tained scriveners' errors. Ms. Brumwell clari- fied that for this action item, the City Council was voting to add Subarea U to the Division of Revenues. For Action Item No. 7, the City Council was voting to add Subarea V to the Division of Revenues. Motion carried 7-0. Motion by Roussell for final consideration and passage of Ordinance No. 4-24 Correcting and Amending Ordinance No. 30-23-A, previ- ously amended, providing that general proper- ty 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 IA., by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and oth- er 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 Rede- velopment Project by adding Subarea U to the Division of Revenues. Seconded by Wethal. Motion carried 7-0. ORDINANCE NO. 4-24 CORRECTING AND AMENDING ORDI- NANCE NO. 30-23-A, PREVIOUSLY AMENDED, PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COL- LECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE AMENDED AND RESTATED DUBUQUE INDUSTRIAL CEN- TER 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 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 Page 126 of 1311 Book 154 Regular Session, February 19, 2024 40 RESTATED DUBUQUE INDUSTRIAL CEN- TER ECONOMIC DEVELOPMENT DISTRICT URBAN RENEWAL REDEVELOPMENT PROJECT BY ADDING SUBAREA U TO 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, Res- olution 323-21 and Resolution 324-21 on Sep- tember 20, 2021, Resolution 387-21 on No- vember 1, 2021, Resolution 197-22 on May 16, 2022, by Resolution 289-22 on September 6, 2022, by Resolution No. 290-22 on Sep- tember 6, 2022, by Resolution 73-23 on March 20, 2023, by Resolution 74-23 on March 20, 2023, by Resolution 180-23 on June 5, 2023, by Resolution 180-23-A on July 17, 2023, and by Resolution 39-24 on February 19, 2024 (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, IA. 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 Sep- tember 6, 2022, by Ordinance 28-22A on No- vember 7, 2022, by Ordinance 10-23 on March 20, 2023, by Ordinance 30-23 on June 5, 2023, by Ordinance 32-23-A on July 17, 2023, and by Resolution 39-24 on February 19, 2024; and Whereas, indebtedness has been incurred by the City, and additional indebtedness is anticipated to be incurred in the future, to fi- nance urban renewal project activities within the District, and the continuing needs of rede- velopment within the District are such as to require the continued application of the incre- mental 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, IA., THAT: Section 1. Ordinance 30-23-A Section 1 is amended to read as follows: Section 1: For purposes of this Ordi- nance, the following terms shall have the fol- lowing meanings: (a) Original Project Area means that por- tion of the City of Dubuque, IA. 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 13th Addition; and Lot 2 Dubuque Industrial Center 13th Addition; and Lot 1-2-2 Dubuque Industrial Center Fifth Addition; and Lot 1 Dubuque Industrial Center Fifth Addition; and Lot 1 Dubuque Industrial Center 11th Addition; and Lot 1 of 2 of Dubuque Industrial Cen- ter Fifth Addition; and Lot 1 of 2 of Dubuque Industrial Cen- ter 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 Ad- dition; and Lot 1 Dubuque Industrial Center 10th Addition; and Lot 2-3 Dubuque Industrial Center 121h Addition; and Lots 1 & 2 of final plat of lot 1 of Dubuque Industrial Center First Ad- dition; and Lot 1 Dubuque Industrial Center 12th Addition; and Lot 2 Dubuque Industrial Center Ninth Addition; and Page 127 of 1311 Book 154 Regular Session, February 19, 2024 41 Lot 2 Dubuque Industrial Center 12th Urban Renewal Plan for the District ap- Addition; and proved by Resolution No. 73-23 on Lot 2-2 Dubuque Industrial Center March 20, 2023, which Subarea E in - Sixth Addition; and cludes the lots and parcels located Lot 3 Dubuque Industrial Center Ninth within the area legally described as fol- Addition; and lows: Lot 1 Dubuque Industrial Center Sixth All of Dubuque Industrial Center Addition; and South First Addition in the City of Lot 2 of 2 Dubuque Industrial Center Dubuque, IA., except Lot 2 of 7th Addition; and Dubuque Industrial Center South Lot 2-1 Walter Addition; and First Addition in the City of Dubu- Lot 2-1 Walter Addition; and que, IA.; and And all adjoining public right-of-way, All of Seippel Road right of way from all in the City of Dubuque, Dubuque the north boundary line of Lot 1 of 1 County, IA. of South Fork Subdivision No. 1 in The Original Project Area is referred the City of Dubuque, to the south to as "Subarea A" in the Urban Re- boundary lines of Lot H of Dubuque newal Plan hereinafter described. Industrial Center West and Lot 1 of (b) Subarea B has been removed from Dubuque Industrial Center West 2nd the division of revenues by Ordinance Addition in the City of Dubuque, 22-21 on June 7, 2021. Dubuque County, IA., including (c) Subarea C means that portion of the crossings at the intersections of Old City of Dubuque, IA. described as Sub- Highway Road and Chicago, Cen- area C in the Amended and Restated tral & Pacific Railroad rights -of -way. Urban Renewal Plan for the District ap- (f) Subarea F means that portion of the proved by Resolution No. 289-22 on City of Dubuque, IA., and Dubuque September 6, 2022, which Subarea C County described as Subarea F in the includes the lots and parcels located Amended and Restated Urban Renew - within the area legally described as fol- al Plan for the District approved by lows: Resolution No. 197-15 on June 1, Lots 1 and 2 of Dubuque Industrial 2015, which Subarea F includes the Center North Second Addition; lots and parcels located within the area Lots 2, 3, C and A of Dubuque Indus- legally described as follows: trial Center North First Addition, ex- Lot one (1) of Graf Farm Subdivision cepting that Part of said Lot A origi- #2, Dubuque County, IA., according nally platted as Lot 2 of the SW '/ to the recorded plat thereof. of the NW'/4 of Sec. 30, T89N, R2E Lot 1 of Lot 1 of Lot 1 of Lot 1 of West of the 5th PM; and One-half of Northeast One -quarter, any adjoining public street right -of- Section 25, Township 89 North, way, all in the City of Dubuque, Range 1 East of the 5th P.M., in Dubuque County, IA., Center Township, Dubuque County, EXCEPT those lots and parcels in- IA. cluded in Subarea K, those lots and Lot 2 in "W.A. Norman Place" in Sec - parcels included in Subarea O, and tion 25, Center Township, Dubuque those lots and parcels included in County, IA., according to the plat Subarea R. thereof; and (d) Subarea D means that portion of the The NW 1/4 of the SE 1/4 of Section City of Dubuque, IA. described as Sub- 25, Township 89 North, Range 1 area D in the Amended and Restated East of the 5th P.M., in Center Urban Renewal Plan for the District ap- Township, Dubuque County, IA. proved by Resolution No. 109-08 on (g) Subarea G means that portion of the April 7, 2008, which Subarea D in- City of Dubuque, IA., and Dubuque cludes the lots and parcels located County described as Subarea G in the within the area legally described as fol- Amended and Restated Urban Renew - lows: al Plan for the District approved by Lots 1, 2, and B and all of the right of Resolution No. 309-15 on September way of Chavenelle Court in Dubu- 8, 2015, which Subarea G includes the que Industrial Center West 8th Addi- lots and parcels located within the area tion in the City of Dubuque, Dubu- legally described as follows: que County, IA. The South one-half of the Northwest (e) Subarea E means that portion of the Quarter of Section 29, Township 89 City of Dubuque, IA. described as Sub- North, Range 2 East of the 5t1 P.M., area E in the Amended and Restated in the City of Dubuque, IA. Page 128 of 1311 Book 154 Regular Session, February 19, 2024 42 Lot 1 of Lot 1 of the Northwest Quar- Lot 2 Julien Care Place, Dubuque ter of the Northwest Quarter of Sec- County, IA. tion 29, Township 89 North, Range Lot 3 Julien Care Place, Dubuque 2 East of the 5th P.M., in the City of County, IA. Dubuque, IA. Lot 2-1 Julien Care Place, Dubuque Lot 2 of McFadden Farm Place #2, in County, IA. the City of Dubuque, IA. (k) Subarea K means that portion of the Lot 2 of McFadden Farm Place, in the City of Dubuque, IA., removed from City of Dubuque, IA. Subarea C of the District by Version Lot A of Lot 1 of 1 of the Southwest 2018.1 of the Amended and Restated Quarter of the Southwest Quarter of Plan for the District approved by Reso- Section 29, Township 89 North, lution No. 157-18, and added to the Range 2 East of the 5th P.M., in the District by Version 2018.2 of the City of Dubuque, IA. Amended and Restated Plan for the Lot A of Lot 1 of 1 of the Northwest District approved by Resolution No. Quarter of the Southwest Quarter of 158-18 as Subarea K, all on May 21, Section 29, Township 89 North, 2018, which Subarea K includes the Range 2 East of the 5th P.M., in the lots and parcels located within the area City of Dubuque, IA. legally described as follows: All in the City of Dubuque, Dubuque Lot 1 of Dubuque Industrial Center County, IA. North Third Addition, in the City of (h) Subarea H means that portion of the Dubuque, IA. City of Dubuque, IA., and Dubuque (I) Subarea L means that portion of the County described as Subarea H in the City of Dubuque, IA. described as Sub - Amended and Restated Urban Renew- area L in the Amended and Restated al Plan for the District approved by Urban Renewal Plan for the District ap- Resolution No. 332-16 on September proved by Resolution 380-18 on De- 19, 2016, which Subarea H includes cember 17, 2018, which Subarea L in - the lots and parcels located within the cludes the lots and parcels located area legally described as follows: within the area legally described as fol- Lot 1 of the Northeast'/4 of the North- lows: east '/4, and Lot 2 of Lot 1 of Lot 1 Lot 1 of Loretta Bahl's Homestead, in of Lot 2 of the Northeast '/4 of the the City of Dubuque, IA., comprised Northeast '/4, of Section 30, in of Lot 1 of the West 30 Acres of the Township 89 North, Range 2 East Southwest '/4 of the Southeast 1/, of the 5th P.M., in the City of Dubu- Section 19, Township 89 North, que, IA. Range 2 East of the 5th P.M. all in (i) Subarea I means that portion of the the City of Dubuque, Dubuque City of Dubuque, IA., and Dubuque County, IA. County described as Subarea I in the (m) Subarea M means that portion of the Amended and Restated Urban Renew- City of Dubuque, IA. described as Sub - al Plan for the District approved by area M in the Amended and Restated Resolution No. 332-16 on September Urban Renewal Plan for the District ap- 19, 2016, which Subarea I includes the proved by Resolution 380-18 on De - lots and parcels located within the area cember 17, 2018, which Subarea M in - legally described as follows: cludes the lots and parcels located Lot 2 Seippel Road Place #2, Dubu- within the area legally described as fol- que County, IA. lows: Lot 2-1-1 of the Southeast Quarter of Lot 2 of the Subdivision of Lot 2 of the the Southeast Quarter of Section Northeast '/4 of the Northeast '/ of 25, Township 89 North, Range 2 Section 30, Township 89 North, East of the 5th P.M., Dubuque Range 2 East of the 5th P.M. all in County, IA. the City of Dubuque, Dubuque Q) Subarea J means that portion of the County, IA. City of Dubuque, IA., and Dubuque (n) Subarea N means that portion of the County described as Subarea J in the City of Dubuque, IA. described as Sub - Amended and Restated Urban Renew- area N in the Amended and Restated al Plan for the District approved by Urban Renewal Plan for the District ap- Resolution No. 332-16 on September proved by Resolution 126-21 on April 19, 2016, which Subarea J includes the 19, 2021, which Subarea N includes lots and parcels located within the area the lots and parcels located within the legally described as follows: area legally described as follows: Page 129 of 1311 Book 154 Regular Session, February 19, 2024 43 Lot 1 of Dubuque Industrial Center 34 seconds East, 130.53 feet; North First Addition, in the City of Thence South 12 degrees 19 minutes Dubuque, IA.; and 12 seconds West, 171.97 feet; All of the street right of way of Innova- Thence South 87 degrees 35 minutes tion Drive adjacent to Lot 1 of 13 seconds West, 260.33 feet; Dubuque Industrial Center North Thence South 02 degrees 35 minutes First Addition, in the City of Dubu- 19 seconds East, 40.00 feet, to the que, IA. Point of Beginning, said part of Lot All in the City of Dubuque, IA. C contains 6.59 acres, more or (o) Subarea O means that portion of the less. City of Dubuque, IA. removed from All in the City of Dubuque, IA. Subarea C and now described as (p) Subarea P means that portion of Subarea O in the Amended and Re- Dubuque County and the City of Dubu- stated Urban Renewal Plan for the que, IA. described as Subarea P in the District approved by Resolution 324- Amended and Restated Urban Renew- 21 on September 20, 2021, which al Plan for the District approved by Subarea O includes the lots and par- Resolution 387-21 on November 1, cels located within the area legally 2021, which Subarea P includes the described as follows: lots and parcels located within the area Lot 2 of Dubuque Industrial Center legally described as follows: North Third Addition, in the City of Lot 2 of Wertzberger Acres No. 3, in Dubuque, IA.; and Table Mound Township, Dubuque A Part of Lot C in Dubuque Industrial County, IA., according to the rec- Center North First Addition in the orded Plat thereof; and City of Dubuque, IA., being more The Southwest 1/4 of the Northeast particularly described as follows: 1/4, Lot 1 of the Northwest 1/4 of Commencing at the northwest corner the Northeast 1/4, Lot 1 of Lot 1 of of Lot 1 in Dubuque Industrial Cen- the Northeast 1/4 of the Northeast ter North Second Addition in the 1/4, and Lot 2 of the Southeast 1/4 City of Dubuque, IA.; of the Northeast 1/4, in Section 14, Thence North 87 degrees 35 minutes Township 88 North, Range 2 East 13 seconds East along the north of the 5th P.M., in Dubuque County, line of said Lot 1, 65.47 feet to the IA., according to United States Point of Beginning; Government Survey and the rec- Thence North 87 degrees 35 minutes orded Plats thereof, excepting 13 seconds East continuing along therefrom that land acquired for said north line of Lot 1, 467.29 feet; highway right of way by the Iowa Thence South 82 degrees 04 minutes Department of Transportation 06 seconds East continuing along known as Lot A of Lot 1 of the said north line of Lot 1, 212.63 feet; Northwest 1/4 of the Northeast 1/4 Thence North 19 degrees 12 minutes and of Lot 1 of Lot 1 of the North- 36 seconds East, 433.37 feet, to a east 1/4 of the Northeast 1/4 and of point on the easterly line of Lot 2 in Lot 2 of the Southeast 1/4 of the Dubuque Industrial Center North Northeast 1/4, all in Section 14, Third Addition in the City of Dubu- Township 88 North, Range 2 East que, IA.; of the 5th P.M., County of Dubuque, Thence North 90 degrees 00 minutes State of Iowa, containing 11.95 00 seconds West, 231.12 feet; acres and as shown and described Thence North 60 degrees 11 minutes in the Warranty Deed filed as In- 47 seconds West, 280.07 feet; strument Number 2010-00003964 Thence North 51 degrees 38 minutes in the Dubuque County Recorder's 25 seconds West, 318.12 feet; Office, and excepting therefrom that Thence South 57 degrees 28 minutes land acquired for highway right of 14 seconds West, 86.87 feet; way by the Iowa Department of Thence South 18 degrees 59 minutes Transportation known as Lot B of 51 seconds East, 140.84 feet; Lot 1 of Lot 1 of the Northeast 1/4 Thence South 51 degrees 57 minutes of the Northeast 1/4 and of Lot 2 of 52 seconds East, 101.08 feet; the Southeast 1/4 of the Northeast Thence South 01 degree 57 minutes 1/4, all in Section 14, Township 88 06 seconds East, 108.09 feet; North, Range 2 East of the 5th P.M., Thence South 33 degrees 59 minutes County of Dubuque, State of Iowa, 54 seconds East, 90.10 feet; containing 0.62 acres and as shown Thence South 44 degrees 57 minutes and described in the Warranty Page 130 of 1311 Book 154 Regular Session, February 19, 2024 44 Deed filed as Instrument Number acres and as shown and described 2011-00011776 in the Dubuque in the warranty deed filed as in - County Recorder's Office; and strument number 2011-00018392 in All that land acquired for highway the Dubuque County Recorder's Of - right of way by the Iowa Depart- fice, more particularly described as ment of Transportation known as follows: Lot A of Lot 1 of the Northwest 1/4 Commencing at the east 1/4 corner of of the Northeast 1/4 and of Lot 1 of said section 14; thence south 87° Lot 1 of the Northeast 1/4 of the (degrees) 30' (minutes) 08" (sec - Northeast 1/4 and of Lot 2 of the onds) west (assumed bearing for Southeast 1/4 of the Northeast 1/4, the purpose of this description) on all in Section 14, Township 88 the south line of the northeast 1/4 of North, Range 2 East of the 51h P.M., said section 14, a distance of County of Dubuque, State of Iowa, 316.67 feet to the southeast corner containing 11.95 acres and as of said lot 1 of the southeast 1/4 of shown and described in the warran- the northeast 1/4 which is on the ty deed filed as instrument number present northwesterly right-of-way 2010-00003964 in the Dubuque line of U.S. highway 61, being the County Recorder's Office, and point of beginning of the area here - All that land acquired for highway in described; thence continuing right of way by the Iowa Depart- south 87°30'08" west on said south ment of Transportation known as line, also being the south line of Lot B of Lot 1 of Lot 1 of the North- said lot 1 of the southeast 1/4 of the east 1/4 of the Northeast 1/4 and of northeast 1/4, a distance of 744.37 Lot 2 of the Southeast 1/4 of the feet to the west line of said lot 1 of Northeast 1/4, all in Section 14, the southeast 1/4 of the northeast Township 88 North, Range 2 East 1/4; thence north 01°46'59" west on of the 5th P.M., County of Dubuque, said west line, 365.46 feet; thence State of Iowa, containing 0.62 acres north 02°36'29" west on said west and as shown and described in the line, 258.32 feet to the northwester - warranty deed filed as instrument ly line of said lot 1 of the southeast number 2011-00011776 in the 1/4 of the northeast 1/4; thence Dubuque County Recorder's Office; north 15°33'01" east on said north - and westerly line, 189.90 feet; thence All that land acquired for highway north 20°16'31" east on said north - right of way by the Iowa Depart- westerly line, 100.25 feet; thence ment of Transportation known as north 31°16'30" east on said north - Lot A of Lot 2 of the Southwest 1/4 westerly line, 371.74 feet; thence of the Northwest 1/4, all in Section north 51°35'55" east on said north- 13, Township 88 North, Range 2 westerly line, 46.89 feet; thence East of the 5th P.M., County of north 26°34'03" east on said north - Dubuque, State of Iowa, containing westerly line, 112.65 feet to the 7.50 acres and as shown and de- northwest corner of said lot 1 of the scribed in the warranty deed filed southeast 1/4 of the northeast 1/4, as instrument number 2010- also being the southwest corner of 00007163 in the Dubuque County said lot 2 of 1 of the northeast 1/4 of Recorder's Office; and the northeast 1/4; thence north A part of that land acquired for high- 35°25'51" east on the westerly and way right of way by the Iowa De- southwesterly line of said lot 2 of 1 partment of Transportation known of the northeast 1/4 of the northeast as Lot A of Lot 2 of 3 of Archdio- 1/4, a distance of 200.90 feet; cese Place No. 2 at Key West in thence north 01'11'53" west on said Section 11, Township 88 North, westerly and southwesterly line, Range 2 East of the 5th P.M., Coun- 284.09 feet; thence north 51 °36'20" ty of Dubuque and of Lot 2 of the west on said westerly and south - Northwest 1/4 of the Northeast 1/4 westerly line, 173.35 feet; thence and of Lot 2 of 1 of the Northeast south 73°41'30" east a distance of 1/4 of the Northeast 1/4 and of Lot 115.82 feet; thence south 48°36'34" 1 of the Southeast Quarter of the east on the northeasterly line of Northeast Quarter, all in Section 14, said lot 2 of 1 of the northeast 1/4 of Township 88 North, Range 2 East the northeast 1/4, 759.07 feet to the of the 5th P.M., County of Dubuque, southeast corner of said lot 2 of 1 of State of Iowa, containing 51.12 the northeast 1/4 of the northeast Page 131 of 1311 Book 154 Regular Session, February 19, 2024 45 1/4, also being the northeast corner long chord of South 66°51'04" East, of said lot 1 of the southeast 1/4 of 3,352.36 feet; thence South the northeast 1/4; thence south 74°52'50" East along said center- 02°41'19" east on the easterly line line of U. S. Highway 52, 1318.07 of said lot 1 of the southeast 1/4 of feet; thence Southeasterly along the northeast 1/4, a distance of said centerline of U. S. Highway 52 954.91 feet to the present north- an arc length of 1,569.39 feet along westerly right-of-way line of U.S. a 12,000.00 foot radius curve being highway 61; thence south 38°00'39" concave Southwesterly, having a west on said northwesterly right -of- long chord of South 71 °08'02" East, way line, 485.62 feet to the point of 1,568.27 feet; thence South beginning, containing 31.49 acres, 67°23'15" East along said center - more or less; and line of U. S. Highway 52, 1093.39 An 80-foot-wide strip of land in the feet; thence Southeasterly along Southeast Half of Section 31, said centerline of U. S. Highway 52 Township 89 North, Range 2 East, an arc length of 1,414.18 feet along The Southwest Quarter of Section a 23,000.00 foot radius curve being 32, Township 89 North, Range 2 concave Southwesterly, having a East, the North Half of Section 5, long chord of South 65°37'33" East, Township 88 North, Range 2 East, 1,413.95 feet; thence South the Northwest, Northeast, and 63°51'52" East along said center - Southeast Quarters of Section 4, line of U. S. Highway 52, 947.44 Township 88 North, Range 2 East, feet; thence Southeasterly along the South Half of Section 3, Town- said centerline of U. S. Highway 52 ship 88 North, Range 2 East, the an arc length of 1,134.73 feet along Southwest Quarter of Section 2, a 8,000.00 foot radius curve being Township 88 North, Range 2 East, concave Northeasterly, having a the Northwest, Northeast, and long chord of South 67°55'41" East, Southeast Quarters of Section 11, 1,133.78 feet; thence South Township 88 North, Range 2 East, 71 °59'29" East along said center - and the Northeast Quarter of Sec- line of U. S. Highway 52, 3,507.89 tion 14, Township 88 North, Range feet; thence Southeasterly along 2 East, of the Fifth P.M., centered said centerline of U. S. Highway 52 on the following described line: an arc length of 7,787.63 feet along Commencing at the Southeast Corner a 7,500.00 foot radius curve being of Lot B, Dubuque Industrial Center concave Southwesterly, having a South First Addition, in the City of long chord of South 42°14'42" East, Dubuque, Dubuque County, IA. 7,442.46 feet; thence South (Record Doc. #2014-1397), at the 12°29'54" East along said center - Northerly Right -of -Way of Seippel line of U. S. Highway 52, 750.54 Road; thence South 35°44'18" East feet; thence Southeasterly along (Record North 35°52'10" West) said centerline of U. S. Highway 52 along the East Line of said First an arc length of 449.54 feet along a Addition, 11.13 feet; thence South 4,000.00foot radius curve being 10°51'45" East, 40.00 feet to the concave Northeasterly, having a centerline of Seippel Road, the long chord of South 15°43'05" East, Point of Beginning; thence North 449.31 feet, to the End Point, the 79°08'15" East along said center- sidelines of said 80-foot-wide strip line, 1004.09 feet; thence Easterly of land are to be shortened or along the centerline of U. S. High- lengthened to the intersection of the way 52 and the extension thereof easterly line of Dubuque Industrial an arc length of 880.50 feet along a Center South First Addition, in the 1,200.00 foot radius curve being City of Dubuque, Dubuque County, concave southerly, having a long IA. as recorded in Doc. #2014-1397 chord of South 79°50'32" East, and the intersection of the northerly 860.88 feet; thence South line of Lot 1 and Lot 1 of 1 as rec- 58'49'18" East along said center- orded in Doc. #2010-3964. line of U. S. Highway 52, 2,489.33 (q) Subarea Q means that portion of the feet; thence Southeasterly along City of Dubuque, IA. described as Sub - said centerline of U. S. Highway 52 area Q in the Amended and Restated an arc length of 3,363.36 feet along Urban Renewal Plan for the District ap- a 12,000.00 foot radius curve being proved by Resolution 197-22 on May concave Northeasterly, having a 16, 2022, which Subarea Q includes Page 132 of 1311 Book 154 Regular Session, February 19, 2024 46 the lots and parcels located within the 5, 2023, which Subarea T includes the area legally described as follows: lots and parcels located within the area Lot 1-5 of Dubuque Industrial Center legally described as follows: West 511 Addition in the City of The East 10 Acres of the Southwest Dubuque, IA. Quarter of the Southeast Quarter of All in the City of Dubuque, IA. Section 19, T89N, R2E, of the 5th (r) Subarea R means that portion of the P.M., Dubuque County, IA. City of Dubuque, IA. described as Sub- All in the City of Dubuque, IA. area R in the Amended and Restated (u) Subarea U means that portion of the Urban Renewal Plan for the District ap- City of Dubuque, IA. described as Sub - proved by Resolution 290-22A on No- area U in the Amended and Restated vember 7, 2022, which Subarea R in- Urban Renewal Plan for the District ap- cludes the lots and parcels located proved by Resolution 39-24 on Febru- within the area legally described as fol- ary 19, 2024, which Subarea U in - lows: cludes the lots and parcels located Part of Lot 3 in the Dubuque Industri- within the area legally described as fol- al Center North First Addition in the lows: City of Dubuque, Dubuque County, All of Lot 1 of Airborne Place, in the IA., Except Lot `A' of Lot 3 in Dubu- City of Dubuque, IA.; and que Industrial Center North First All of the Airborne Road right of way Addition in the City of Dubuque, adjacent to Lot 1 of Airborne Place, Dubuque County, IA., described as in the City of Dubuque, IA., being follows: Commencing at the south- the same area described as Acqui- east corner of said Lot 3; thence sition Parcel 154, in Part of Lot 2-2 N00°36'04"W, 364.16 feet along the of South Fork Industrial Subdivision east line of said Lot 3; thence No. 1, Per Instrument Number S89°24'16"W, 502.28 feet along the 2018-10004 in the office of the outside face of the south wall of the Dubuque County Recorder existing building to the point of be- All in the City of Dubuque, IA. ginning; thence S00°35'44"E, 37.00 (v) Amended Project Area means that feet; thence S89°24'16"W, 170.00 portion of the City of Dubuque, IA. and feet; thence N00°35'44"W, 32.00 Dubuque County included within the feet; thence S89°24'16"W, 210.00 Original Project Area, Subarea C, Sub - feet; thence N00°35'44"W, 362.00 area D, Subarea E, Subarea F, Subar- feet; thence N89°24'16"E, 255.00 ea G, Subarea H, Subarea I, Subarea feet to the northerly extension of the J, Subarea K, Subarea L, Subarea M, outside face of the west wall of the Subarea N, Subarea O, Subarea P, existing building; then S00°35'44"E, Subarea Q, Subarea R, Subarea S, 357.00 feet along said face of the Subarea T, and Subarea U each as west wall of the southwest corner of described in this Section. the existing building; thence Section 2. Section 3 is amended to read as N89°24'16"E, 125.00 feet along the follows: face of the south wall of the existing Section 3: As to the Original Project building to the point of beginning, Area, that portion of the taxes which containing 2.258 acres would be produced by the rate at which All in the City of Dubuque, IA. the tax is levied each year by or for each (s) Subarea S means that portion of the of the taxing districts taxing property in City of Dubuque, IA. described as Sub- the Original Project Area upon the total area S in the Amended and Restated sum of the assessed value of the taxable Urban Renewal Plan for the District ap- property in the Original Project Area as proved by Resolution 74-23 on March shown on the assessment roll as of Jan- 20, 2023, which Subarea S includes uary 1, 1987, being the first day of the the lots and parcels located within the calendar year preceding the effective area legally described as follows: date of Ordinance No. 26-88, shall be al - Lot 2 of Dubuque Industrial Center located to and when collected be paid in - South First Addition in the City of to the fund for the respective taxing dis- Dubuque, IA. trict as taxes by or for said taxing district All in the City of Dubuque, IA. into which all other property taxes are (t) Subarea T means that portion of the paid. The taxes so determined shall be City of Dubuque, IA. described as Sub- referred herein as the "base period tax - area T in the Amended and Restated es" for such Subarea. Urban Renewal Plan for the District ap- proved by Resolution 180-23 on June Page 133 of 1311 Book 154 Regular Session, February 19, 2024 47 As to Subarea B, Subarea B has cable to property in such subarea as of been removed from the division of rev- January 1 of the calendar year preced- enues by Ordinance 22-21. Subarea B ing the effective date of Ordinance No. will remain within the District. 49-16. As to Subarea C (except the lots As to Subarea I, base period taxes and parcels now forming Subarea K shall be computed in the same manner and those lots and parcels removed by using the total assessed value shown Amended and Restated Urban Renew- on the assessment roll as of January 1, al Plan Version 2021.4 now forming 2015, being the assessment roll appli- Subarea O, and those lots and parcels cable to property in such subarea as of removed by Ordinance 27-22, now January 1 of the calendar year preced- forming Subarea R), base period taxes ing the effective date of Ordinance No. shall be computed in the same manner 49-16. using the total assessed value shown As to Subarea J, base period taxes on the assessment roll as of January 1, shall be computed in the same manner 2007, 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- 2015, being the assessment roll appli- ing the effective date of Ordinance No. cable to property in such subarea as of 70-08, and base values shall be re- January 1 of the calendar year preced- duced due to the removal of area from ing the effective date of Ordinance No. Subarea C. 49-16. As to Subarea D, base period taxes As to Subarea K, 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, 2007, being the assessment roll appli- 2017, being the assessment roll appli- cable to property in such subarea as of cable to property in such subarea as of January 1 of the calendar year preced- January 1 of the calendar year preced- ing the effective date of Ordinance No. ing the effective date of Ordinance No. 70-08. 18-18. As to Subarea E, base period taxes As to Subarea L, 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, 2013, being the assessment roll appli- 2017, being the assessment roll appli- cable to property in such subarea as of cable to property in such subarea as of January 1 of the calendar year preced- January 1 of the calendar year preced- ing the effective date of Ordinance ing the effective date of Ordinance No. No.10-14. 45-18. As to Subarea F, base period taxes As to Subarea M, 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, 2014, being the assessment roll appli- 2017, being the assessment roll appli- cable to property in such subarea as of cable to property in such subarea as of January 1 of the calendar year preced- January 1 of the calendar year preced- ing the effective date of Ordinance No. ing the effective date of Ordinance No. 39-15. 45-18. As to Subarea G, base period taxes As to Subarea N, 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, 2014, being the assessment roll appli- 2020, being the assessment roll appli- cable to property in such subarea as of cable to property in such subarea as of 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 Page 134 of 1311 Book 154 Regular Session, February 19, 2024 48 January 1 of preceding the effective date of Ordinance 32-21. As to Subarea P, Subarea P has been removed from the division of rev- enues 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 appli- cable to property in such subarea as of January 1 of the calendar year preced- ing 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 appli- cable to property in such subarea as of January 1 of the calendar year preced- ing 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 appli- cable to property in such subarea as of January 1 of the calendar year preced- ing 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 appli- cable to property in such subarea as of January 1 of the calendar year preced- ing the effective date of this Ordinance No. 30-23-A. As to Subarea U, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2023, 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 this Ordinance No. 4-24 Section 3: This Ordinance shall be in effect after its final passage, approval and publica- tion as provided by law. Passed and approved this 19th day of Feb- ruary 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7. Amending Tax Increment Ordinance for the Dubuque Industrial Center Economic De- velopment District, as amended by Version 2024.2 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 Wethal. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 5-24 Correcting and Amending Ordinance No. 4-24, previously amended, providing that general property tax- es levied and collected each year on all prop- erty located within the Amended and Restated Dubuque Industrial Center Economic Devel- opment 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 oth- er 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 Rede- velopment Project by adding Subarea V to the Division of Revenues. Seconded by Wethal. Motion carried 7-0. ORDINANCE NO. 5-24 CORRECTING AND AMENDING ORDI- NANCE NO. 4-24, 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 V TO 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. Page 135 of 1311 Book 154 Regular Session, February 19, 2024 49 484-90 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, Res- olution 323-21 and Resolution 324-21 on Sep- tember 20, 2021, Resolution 387-21 on No- vember 1, 2021, Resolution 197-22 on May 16, 2022, by Resolution 289-22 on September 6, 2022, by Resolution No. 290-22 on Sep- tember 6, 2022, by Resolution 73-23 on March 20, 2023, by Resolution 74-23 on March 20, 2023, by Resolution 180-23 on June 5, 2023, by Resolution 180-23-A on July 17, 2023, and by Resolution 39-24 on February 19, 2024 (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, IA. 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 Sep- tember 6, 2022, by Ordinance 28-22A on No- vember 7, 2022, by Ordinance 10-23 on March 20, 2023, by Ordinance 30-23 on June 5, 2023, by Ordinance 32-23-A on July 17, 2023, by Resolution 39-24 on February 19, 2024, and by Resolution 40-24 on February 19, 2024; and Whereas, indebtedness has been incurred by the City, and additional indebtedness is anticipated to be incurred in the future, to fi- nance urban renewal project activities within the District, and the continuing needs of rede- velopment within the District are such as to require the continued application of the incre- mental 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, IA., THAT: Section 1. Ordinance 4-24 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, IA. described in the Urban Renewal Plan for the District approved by Resolu- tion No. 130-88 on May 2, 1988, and subsequently amended by Resolution No. 484-90 on December 17, 1990, which Original Project Area includes the lots and parcels located within the area now legally 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 Center Fifth Addition; and Lot 1 Dubuque Industrial Center Fifth Addition; and Lot 1 Dubuque Industrial Center llth Addition; and Lot 1 of 2 of Dubuque Industrial Cen- ter Fifth Addition; and Lot 1 of 2 of Dubuque Industrial Cen- ter 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 Ad- dition; and Lot 1 Dubuque Industrial Center loth Addition; and Lot 2-3 Dubuque Industrial Center 12th Addition; and Lots 1 & 2 of final plat of lot 1 of Dubuque Industrial Center First Ad- dition; and Lot 1 Dubuque Industrial Center 12th Addition; and Lot 2 Dubuque Industrial Center Ninth Addition; and Lot 2 Dubuque Industrial Center 12th Addition; and Lot 2-2 Dubuque Industrial Center Sixth Addition; and Lot 3 Dubuque Industrial Center Ninth Addition; and Lot 1 Dubuque Industrial Center Sixth Addition; and Lot 2 of 2 Dubuque Industrial Center 7th Addition; and Page 136 of 1311 Book 154 Regular Session, February 19, 2024 50 Lot 2-1 Walter Addition; and First Addition in the City of Dubu- Lot 2-1 Walter Addition; and que, IA.; and And all adjoining public right-of-way, All of Seippel Road right of way from all in the City of Dubuque, Dubuque the north boundary line of Lot 1 of 1 County, IA. of South Fork Subdivision No. 1 in The Original Project Area is referred the City of Dubuque, to the south to as "Subarea A" in the Urban Re- boundary lines of Lot H of Dubuque newal Plan hereinafter described. Industrial Center West and Lot 1 of (b) Subarea B has been removed from Dubuque Industrial Center West 2nd the division of revenues by Ordinance Addition in the City of Dubuque, 22-21 on June 7, 2021. Dubuque County, IA., including (c) Subarea C means that portion of the crossings at the intersections of Old City of Dubuque, IA. described as Sub- Highway Road and Chicago Central area C in the Amended and Restated & Pacific Railroad rights -of -way. Urban Renewal Plan for the District ap- (f) Subarea F means that portion of the proved by Resolution No. 289-22 on City of Dubuque, IA., and Dubuque September 6, 2022, which Subarea C County described as Subarea F in the includes the lots and parcels located Amended and Restated Urban Renew - within the area legally described as fol- al Plan for the District approved by lows: Resolution No. 197-15 on June 1, Lots 1 and 2 of Dubuque Industrial 2015, which Subarea F includes the Center North Second Addition; lots and parcels located within the area Lots 2, 3, C and A of Dubuque Indus- legally described as follows: trial Center North First Addition, ex- Lot one (1) of Graf Farm Subdivision cepting that Part of said Lot A origi- #2, Dubuque County, IA., according nally platted as Lot 2 of the SW '/ to the recorded plat thereof; of the NW 1/4 of Sec. 30, T89N, R2E Lot 1 of Lot 1 of Lot 1 of Lot 1 of West of the 5th PM; and One-half of Northeast One -quarter, any adjoining public street right -of- Section 25, Township 89 North, way, all in the City of Dubuque, Range 1 East of the 5th P.M., in Dubuque County, IA., Center Township, Dubuque County, EXCEPT those lots and parcels in- IA. cluded in Subarea K, those lots and Lot 2 in "W.A. Norman Place" in Sec - parcels included in Subarea O, and tion 25, Center Township, Dubuque those lots and parcels included in County, IA., according to the plat Subarea R. thereof; and (d) Subarea D means that portion of the The NW 1/4 of the SE 1/4 of Section City of Dubuque, IA. described as Sub- 25, Township 89 North, Range 1 area D in the Amended and Restated East of the 51h P.M., in Center Urban Renewal Plan for the District ap- Township, Dubuque County, IA. proved by Resolution No. 109-08 on (g) Subarea G means that portion of the April 7, 2008, which Subarea D in- City of Dubuque, IA., and Dubuque cludes the lots and parcels located County described as Subarea G in the within the area legally described as fol- Amended and Restated Urban Renew - lows: al Plan for the District approved by Lots 1, 2, and B and all of the right of Resolution No. 309-15 on September way of Chavenelle Court in Dubu- 8, 2015, which Subarea G includes the que Industrial Center West 8th Addi- lots and parcels located within the area tion in the City of Dubuque, Dubu- legally described as follows: que County, IA. The South one-half of the Northwest (e) Subarea E means that portion of the Quarter of Section 29, Township 89 City of Dubuque, IA. described as Sub- North, Range 2 East of the 51h P.M., area E in the Amended and Restated in the City of Dubuque, IA. Urban Renewal Plan for the District ap- Lot 1 of Lot 1 of the Northwest Quar- proved by Resolution No. 73-23 on ter of the Northwest Quarter of Sec - March 20, 2023, which Subarea E in- tion 29, Township 89 North, Range cludes the lots and parcels located 2 East of the 5th P.M., in the City of within the area legally described as fol- Dubuque, IA. lows: Lot 2 of McFadden Farm Place #2, in All of Dubuque Industrial Center the City of Dubuque, IA. South First Addition in the City of Lot 2 of McFadden Farm Place, in the Dubuque, IA., except Lot 2 of City of Dubuque, IA. Dubuque Industrial Center South Lot A of Lot 1 of 1 of the Southwest Page 137 of 1311 Book 154 Regular Session, February 19, 2024 51 Quarter of the Southwest Quarter of lution No. 157-18, and added to the Section 29, Township 89 North, District by Version 2018.2 of the Range 2 East of the 5th P.M., in the Amended and Restated Plan for the City of Dubuque, IA. District approved by Resolution No. Lot A of Lot 1 of 1 of the Northwest 158-18 as Subarea K, all on May 21, Quarter of the Southwest Quarter of 2018, which Subarea K includes the Section 29, Township 89 North, lots and parcels located within the area Range 2 East of the 5th P.M., in the legally described as follows: City of Dubuque, IA. Lot 1 of Dubuque Industrial Center All in the City of Dubuque, Dubuque North Third Addition, in the City of County, IA. Dubuque, IA. (h) Subarea H means that portion of the (1) Subarea L means that portion of the City of Dubuque, IA., and Dubuque City of Dubuque, IA. described as Sub - County described as Subarea H in the area L in the Amended and Restated Amended and Restated Urban Renew- Urban Renewal Plan for the District ap- al Plan for the District approved by proved by Resolution 380-18 on De - Resolution No. 332-16 on September cember 17, 2018, which Subarea L in- 19, 2016, which Subarea H includes cludes the lots and parcels located the lots and parcels located within the within the area legally described as fol- area legally described as follows: lows: Lot 1 of the Northeast'/4 of the North- Lot 1 of Loretta Bahl's Homestead, in east '/4, and Lot 2 of Lot 1 of Lot 1 the City of Dubuque, IA., comprised of Lot 2 of the Northeast '/4 of the of Lot 1 of the West 30 Acres of the Northeast '/4, of Section 30, in Southwest '/4 of the Southeast 1/, Township 89 North, Range 2 East Section 19, Township 89 North, of the 5th P.M., in the City of Dubu- Range 2 East of the 5th P.M. all in que, IA. the City of Dubuque, Dubuque (i) Subarea I means that portion of the County, IA. City of Dubuque, IA., and Dubuque (m) Subarea M means that portion of the County described as Subarea I in the City of Dubuque, IA. described as Sub - Amended and Restated Urban Renew- area M in the Amended and Restated al Plan for the District approved by Urban Renewal Plan for the District ap- Resolution No. 332-16 on September proved by Resolution 380-18 on De- 19, 2016, which Subarea I includes the cember 17, 2018, which Subarea M in - lots and parcels located within the area cludes the lots and parcels located legally described as follows: within the area legally described as fol- Lot 2 Seippel Road Place #2, Dubu- lows: que County, IA. Lot 2 of the Subdivision of Lot 2 of the Lot 2-1-1 of the Southeast Quarter of Northeast % of the Northeast % of the Southeast Quarter of Section Section 30, Township 89 North, 25, Township 89 North, Range 2 Range 2 East of the 5th P.M. all in East of the 5th P.M., Dubuque the City of Dubuque, Dubuque County, IA. County, IA. Q) Subarea J means that portion of the (n) Subarea N means that portion of the City of Dubuque, IA., and Dubuque City of Dubuque, IA. described as Sub - County described as Subarea J in the area N in the Amended and Restated Amended and Restated Urban Renew- Urban Renewal Plan for the District ap- al Plan for the District approved by proved by Resolution 126-21 on April Resolution No. 332-16 on September 19, 2021, which Subarea N includes 19, 2016, which Subarea J includes the the lots and parcels located within the lots and parcels located within the area area legally described as follows: legally described as follows: Lot 1 of Dubuque Industrial Center Lot 2 Julien Care Place, Dubuque North First Addition, in the City of County, IA. Dubuque, IA.; and Lot 3 Julien Care Place, Dubuque All of the street right of way of Innova- County, IA. tion Drive adjacent to Lot 1 of Lot 2-1 Julien Care Place, Dubuque Dubuque Industrial Center North County, IA. First Addition, in the City of Dubu- (k) Subarea K means that portion of the que, IA. City of Dubuque, IA., removed from All in the City of Dubuque, IA. Subarea C of the District by Version (o) Subarea O means that portion of the 2018.1 of the Amended and Restated City of Dubuque, IA. removed from Plan for the District approved by Reso- Subarea C and now described as Sub - Page 138 of 1311 Book 154 Regular Session, February 19, 2024 52 area O in the Amended and Restated Dubuque County and the City of Dubu- Urban Renewal Plan for the District ap- que, IA. described as Subarea P in the proved by Resolution 324-21 on Sep- Amended and Restated Urban Renew- tember 20, 2021, which Subarea O in- al Plan for the District approved by cludes the lots and parcels located Resolution 387-21 on November 1, within the area legally described as fol- 2021, which Subarea P includes the lows: lots and parcels located within the area Lot 2 of Dubuque Industrial Center legally described as follows: North Third Addition, in the City of Lot 2 of Wertzberger Acres No. 3, in Dubuque, IA.; and Table Mound Township, Dubuque A Part of Lot C in Dubuque Industrial County, IA., according to the rec- Center North First Addition in the orded Plat thereof; and City of Dubuque, IA., being more The Southwest 1/4 of the Northeast particularly described as follows: 1/4, Lot 1 of the Northwest 1/4 of Commencing at the northwest corner the Northeast 1/4, Lot 1 of Lot 1 of of Lot 1 in Dubuque Industrial Cen- the Northeast 1/4 of the Northeast ter North Second Addition in the 1/4, and Lot 2 of the Southeast 1/4 City of Dubuque, IA. of the Northeast 1/4, in Section 14, Thence North 87 degrees 35 minutes Township 88 North, Range 2 East 13 seconds East along the north of the 5th P.M., in Dubuque County, line of said Lot 1, 65.47 feet to the IA., according to United States Point of Beginning; Government Survey and the rec- Thence North 87 degrees 35 minutes orded Plats thereof, excepting 13 seconds East continuing along therefrom that land acquired for said north line of Lot 1, 467.29 feet; highway right of way by the Iowa Thence South 82 degrees 04 minutes Department of Transportation 06 seconds East continuing along known as Lot A of Lot 1 of the said north line of Lot 1, 212.63 feet; Northwest 1/4 of the Northeast 1/4 Thence North 19 degrees 12 minutes and of Lot 1 of Lot 1 of the North- 36 seconds East, 433.37 feet, to a east 1/4 of the Northeast 1/4 and of point on the easterly line of Lot 2 in Lot 2 of the Southeast 1/4 of the Dubuque Industrial Center North Northeast 1/4, all in Section 14, Third Addition in the City of Dubu- Township 88 North, Range 2 East que, IA. of the 5th P.M., County of Dubuque, Thence North 90 degrees 00 minutes State of Iowa, containing 11.95 00 seconds West, 231.12 feet; acres and as shown and described Thence North 60 degrees 11 minutes in the Warranty Deed filed as In- 47 seconds West, 280.07 feet; strument Number 2010-00003964 Thence North 51 degrees 38 minutes in the Dubuque County Recorder's 25 seconds West, 318.12 feet; Office, and excepting therefrom that Thence South 57 degrees 28 minutes land acquired for highway right of 14 seconds West, 86.87 feet; way by the Iowa Department of Thence South 18 degrees 59 minutes Transportation known as Lot B of 51 seconds East, 140.84 feet; Lot 1 of Lot 1 of the Northeast 1/4 Thence South 51 degrees 57 minutes of the Northeast 1/4 and of Lot 2 of 52 seconds East, 101.08 feet; the Southeast 1/4 of the Northeast Thence South 01 degree 57 minutes 1/4, all in Section 14, Township 88 06 seconds East, 108.09 feet; North, Range 2 East of the 5th P.M., Thence South 33 degrees 59 minutes County of Dubuque, State of Iowa, 54 seconds East, 90.10 feet; containing 0.62 acres and as shown Thence South 44 degrees 57 minutes and described in the Warranty 34 seconds East, 130.53 feet; Deed filed as Instrument Number Thence South 12 degrees 19 minutes 2011-00011776 in the Dubuque 12 seconds West, 171.97 feet; County Recorder's Office; and Thence South 87 degrees 35 minutes All that land acquired for highway 13 seconds West, 260.33 feet; right of way by the Iowa Depart - Thence South 02 degrees 35 minutes ment of Transportation known as 19 seconds East, 40.00 feet, to the Lot A of Lot 1 of the Northwest 1/4 Point of Beginning, said part of Lot of the Northeast 1/4 and of Lot 1 of C contains 6.59 acres, more or Lot 1 of the Northeast 1/4 of the less. Northeast 1/4 and of Lot 2 of the All in the City of Dubuque, IA. Southeast 1/4 of the Northeast 1/4, (p) Subarea P means that portion of all in Section 14, Township 88 Page 139 of 1311 Book 154 Regular Session, February 19, 2024 53 North, Range 2 East of the 5th P.M., said section 14, a distance of County of Dubuque, State of Iowa, 316.67 feet to the southeast corner containing 11.95 acres and as of said lot 1 of the southeast 1/4 of shown and described in the warran- the northeast 1/4 which is on the ty deed filed as instrument number present northwesterly right-of-way 2010-00003964 in the Dubuque line of U.S. highway 61, being the County Recorder's Office, and point of beginning of the area here - All that land acquired for highway in described; thence continuing right of way by the Iowa Depart- south 87°30'08" west on said south ment of Transportation known as line, also being the south line of Lot B of Lot 1 of Lot 1 of the North- said lot 1 of the southeast 1/4 of the east 1/4 of the Northeast 1/4 and of northeast 1/4, a distance of 744.37 Lot 2 of the Southeast 1/4 of the feet to the west line of said lot 1 of Northeast 1/4, all in Section 14, the southeast 1/4 of the northeast Township 88 North, Range 2 East 1/4; thence north 01°46'59" west on of the 5th P.M., County of Dubuque, said west line, 365.46 feet; thence State of Iowa, containing 0.62 acres north 02°36'29" west on said west and as shown and described in the line, 258.32 feet to the northwester - warranty deed filed as instrument ly line of said lot 1 of the southeast number 2011-00011776 in the 1/4 of the northeast 1/4; thence Dubuque County Recorder's Office; north 15°33'01" east on said north - and westerly line, 189.90 feet; thence All that land acquired for highway north 20°16'31" east on said north - right of way by the Iowa Depart- westerly line, 100.25 feet; thence ment of Transportation known as north 31°16'30" east on said north - Lot A of Lot 2 of the Southwest 1/4 westerly line, 371.74 feet; thence of the Northwest 1/4, all in Section north 51°35'55" east on said north- 13, Township 88 North, Range 2 westerly line, 46.89 feet; thence East of the 5th P.M., County of north 26°34'03" east on said north - Dubuque, State of Iowa, containing westerly line, 112.65 feet to the 7.50 acres and as shown and de- northwest corner of said lot 1 of the scribed in the warranty deed filed southeast 1/4 of the northeast 1/4, as instrument number 2010- also being the southwest corner of 00007163 in the Dubuque County said lot 2 of 1 of the northeast 1/4 of Recorder's Office; and the northeast 1/4; thence north A part of that land acquired for high- 35°25'51" east on the westerly and way right of way by the Iowa De- southwesterly line of said lot 2 of 1 partment of Transportation known of the northeast 1/4 of the northeast as Lot A of Lot 2 of 3 of Archdio- 1/4, a distance of 200.90 feet; cese Place No. 2 at Key West in thence north 01°11'53" west on said Section 11, Township 88 North, westerly and southwesterly line, Range 2 East of the 5th P.M., Coun- 284.09 feet; thence north 51 °36'20" ty of Dubuque and of Lot 2 of the west on said westerly and south - Northwest 1/4 of the Northeast 1/4 westerly line, 173.35 feet; thence and of Lot 2 of 1 of the Northeast south 73°41'30" east a distance of 1/4 of the Northeast 1/4 and of Lot 115.82 feet; thence south 48°36'34" 1 of the Southeast Quarter of the east on the northeasterly line of Northeast Quarter, all in Section 14, said lot 2 of 1 of the northeast 1/4 of Township 88 North, Range 2 East the northeast 1/4, 759.07 feet to the of the 5th P.M., County of Dubuque, southeast corner of said lot 2 of 1 of State of Iowa, containing 51.12 the northeast 1/4 of the northeast acres and as shown and described 1/4, also being the northeast corner in the warranty deed filed as in- of said lot 1 of the southeast 1/4 of strument number 2011-00018392 in the northeast 1/4; thence south the Dubuque County Recorder's Of- 02°41'19" east on the easterly line fice, more particularly described as of said lot 1 of the southeast 1/4 of follows: the northeast 1/4, a distance of Commencing at the east 1/4 corner of 954.91 feet to the present north - said section 14; thence south 87' westerly right-of-way line of U.S. (degrees) 30' (minutes) 08" (sec- highway 61; thence south 38°00'39" onds) west (assumed bearing for west on said northwesterly right -of - the purpose of this description) on way line, 485.62 feet to the point of the south line of the northeast 1/4 of beginning, containing 31.49 acres, Page 140 of 1311 Book 154 Regular Session, February 19, 2024 54 more or less; and line of U. S. Highway 52, 1093.39 An 80-foot-wide strip of land in the feet; thence Southeasterly along Southeast Half of Section 31, said centerline of U. S. Highway 52 Township 89 North, Range 2 East, an arc length of 1,414.18 feet along The Southwest Quarter of Section a 23,000.00 foot radius curve being 32, Township 89 North, Range 2 concave Southwesterly, having a East, the North Half of Section 5, long chord of South 65°37'33" East, Township 88 North, Range 2 East, 1,413.95 feet; thence South the Northwest, Northeast, and 63°51'52" East along said center - Southeast Quarters of Section 4, line of U. S. Highway 52, 947.44 Township 88 North, Range 2 East, feet; thence Southeasterly along the South Half of Section 3, Town- said centerline of U. S. Highway 52 ship 88 North, Range 2 East, the an arc length of 1,134.73 feet along Southwest Quarter of Section 2, a 8,000.00 foot radius curve being Township 88 North, Range 2 East, concave Northeasterly, having a the Northwest, Northeast, and long chord of South 67°55'41" East, Southeast Quarters of Section 11, 1,133.78 feet; thence South Township 88 North, Range 2 East, 71 °59'29" East along said center - and the Northeast Quarter of Sec- line of U. S. Highway 52, 3,507.89 tion 14, Township 88 North, Range feet; thence Southeasterly along 2 East, of the Fifth P.M., centered said centerline of U. S. Highway 52 on the following described line: an arc length of 7,787.63 feet along Commencing at the Southeast Corner a 7,500.00 foot radius curve being of Lot B, Dubuque Industrial Center concave Southwesterly, having a South First Addition, in the City of long chord of South 42°14'42" East, Dubuque, Dubuque County, IA. 7,442.46 feet; thence South (Record Doc. #2014-1397), at the 12°29'54" East along said center - Northerly Right -of -Way of Seippel line of U. S. Highway 52, 750.54 Road; thence South 35°44'18" East feet; thence Southeasterly along (Record North 35°52'10" West) said centerline of U. S. Highway 52 along the East Line of said First an arc length of 449.54 feet along a Addition, 11.13 feet; thence South 4,000.00foot radius curve being 10°51'45" East, 40.00 feet to the concave Northeasterly, having a centerline of Seippel Road, the long chord of South 15°43'05" East, Point of Beginning; thence North 449.31 feet, to the End Point, the 79°08'15" East along said center- sidelines of said 80-foot-wide strip line, 1004.09 feet; thence Easterly of land are to be shortened or along the centerline of U. S. High- lengthened to the intersection of the way 52 and the extension thereof easterly line of Dubuque Industrial an arc length of 880.50 feet along a Center South First Addition, in the 1,200.00 foot radius curve being City of Dubuque, Dubuque County, concave southerly, having a long IA. as recorded in Doc. #2014-1397 chord of South 79°50'32" East, and the intersection of the northerly 860.88 feet; thence South line of Lot 1 and Lot 1 of 1 as rec- 58'49'18" East along said center- orded in Doc. #2010-3964. line of U. S. Highway 52, 2,489.33 (q) Subarea Q means that portion of the feet; thence Southeasterly along City of Dubuque, IA. described as Sub - said centerline of U. S. Highway 52 area Q in the Amended and Restated an arc length of 3,363.36 feet along Urban Renewal Plan for the District ap- a 12,000.00 foot radius curve being proved by Resolution 197-22 on May concave Northeasterly, having a 16, 2022, which Subarea Q includes long chord of South 66°51'04" East, the lots and parcels located within the 3,352.36 feet; thence South area legally described as follows: 74°52'50" East along said center- Lot 1-5 of Dubuque Industrial Center line of U. S. Highway 52, 1318.07 West 5th Addition in the City of feet; thence Southeasterly along Dubuque, IA. said centerline of U. S. Highway 52 All in the City of Dubuque, IA. an arc length of 1,569.39 feet along (r) Subarea R means that portion of the a 12,000.00 foot radius curve being City of Dubuque, IA. described as Sub - concave Southwesterly, having a area R in the Amended and Restated long chord of South 71 °08'02" East, Urban Renewal Plan for the District ap- 1,568.27 feet; thence South proved by Resolution 290-22A on No- 67°23'15" East along said center- vember 7, 2022, which Subarea R in - Page 141 of 1311 Book 154 Regular Session, February 19, 2024 55 cludes the lots and parcels located proved by Resolution 39-24 on Febru- within the area legally described as fol- ary 19, 2024, which Subarea U in - lows: cludes the lots and parcels located Part of Lot 3 in the Dubuque Industri- within the area legally described as fol- al Center North First Addition in the lows: City of Dubuque, Dubuque County, All of Lot 1 of Airborne Place, in the IA., Except Lot `A' of Lot 3 in Dubu- City of Dubuque, IA.; and que Industrial Center North First All of the Airborne Road right of way Addition in the City of Dubuque, adjacent to Lot 1 of Airborne Place, Dubuque County, IA., described as in the City of Dubuque, IA., being follows: Commencing at the south- the same area described as Acqui- east corner of said Lot 3; thence sition Parcel 154, in Part of Lot 2-2 N00°36'04"W, 364.16 feet along the of South Fork Industrial Subdivision east line of said Lot 3; thence No. 1, Per Instrument Number S89°24'16"W, 502.28 feet along the 2018-10004 in the office of the outside face of the south wall of the Dubuque County Recorder existing building to the point of be- All in the City of Dubuque, IA. ginning; thence S00°35'44"E, 37.00 (v) Subarea V means that portion of the feet; thence S89°24'16"W, 170.00 City of Dubuque, IA. described as Sub - feet; thence N00°35'44"W, 32.00 area V in the Amended and Restated feet; thence S89°24'16"W, 210.00 Urban Renewal Plan for the District ap- feet; thence N00°35'44"W, 362.00 proved by Resolution 40-24 on Febru- feet; thence N89°24'16"E, 255.00 ary 19, 2024, which Subarea V in - feet to the northerly extension of the cludes the lots and parcels located outside face of the west wall of the within the area legally described as fol- existing building; then S00°35'44"E, lows: 357.00 feet along said face of the All that part of Lot 1 of Dubuque In - west wall of the southwest corner of dustrial Center South Fourth Addi- the existing building; thence tion in the City of Dubuque Iowa ly- N89°24'16"E, 125.00 feet along the ing west of the west line of the face of the south wall of the existing Southwest Quarter of Section 31, building to the point of beginning, Township 89 North, Range 2 East containing 2.258 acres of the 5th P.M., All in the City of Dubuque, IA. All in the City of Dubuque, IA. (s) Subarea S means that portion of the (w) Amended Project Area means that City of Dubuque, IA. described as Sub- portion of the City of Dubuque, IA. and area S in the Amended and Restated Dubuque County included within the Urban Renewal Plan for the District ap- Original Project Area, Subarea C, Sub - proved by Resolution 74-23 on March area D, Subarea E, Subarea F, Subar- 20, 2023, which Subarea S includes ea G, Subarea H, Subarea I, Subarea the lots and parcels located within the J, Subarea K, Subarea L, Subarea M, area legally described as follows: Subarea N, Subarea O, Subarea P, Lot 2 of Dubuque Industrial Center Subarea Q, Subarea R, Subarea S, South First Addition in the City of Subarea T, Subarea U, and Subarea V Dubuque, IA. each as described in this Section. All in the City of Dubuque, IA. Section 2. Section 3 is amended to read as (t) Subarea T means that portion of the follows: City of Dubuque, IA. described as Sub- Section 3: As to the Original Project area T in the Amended and Restated Area, that portion of the taxes which Urban Renewal Plan for the District ap- would be produced by the rate at which proved by Resolution 180-23 on June the tax is levied each year by or for each 5, 2023, which Subarea T includes the of the taxing districts taxing property in lots and parcels located within the area the Original Project Area upon the total legally described as follows: sum of the assessed value of the taxable The East 10 Acres of the Southwest property in the Original Project Area as Quarter of the Southeast Quarter of shown on the assessment roll as of Jan - Section 19, T89N, R2E, of the 5th uary 1, 1987, being the first day of the P.M., Dubuque County, IA. calendar year preceding the effective All in the City of Dubuque, IA. date of Ordinance No. 26-88, shall be al- (u) Subarea U means that portion of the located to and when collected be paid in - City of Dubuque, IA. described as Sub- to the fund for the respective taxing dis- area U in the Amended and Restated trict as taxes by or for said taxing district Urban Renewal Plan for the District ap- into which all other property taxes are Page 142 of 1311 Book 154 Regular Session, February 19, 2024 56 paid. The taxes so determined shall be ner using the total assessed value referred herein as the "base period tax- shown on the assessment roll as of es" for such Subarea. January 1, 2015, being the assess - As to Subarea B, Subarea B has been ment roll applicable to property in removed from the division of reve- such subarea as of January 1 of the nues by Ordinance 22-21. Subarea B calendar year preceding the effective will remain within the District. date of Ordinance No. 49-16. As to Subarea C (except the lots and As to Subarea I, base period taxes parcels now forming Subarea K and shall be computed in the same man - those lots and parcels removed by ner using the total assessed value Amended and Restated Urban Re- shown on the assessment roll as of newal Plan Version 2021.4 now form- January 1, 2015, being the assess- ing Subarea O, and those lots and ment roll applicable to property in parcels removed by Ordinance 27-22, such subarea as of January 1 of the now forming Subarea R), base period calendar year preceding the effective taxes shall be computed in the same date of Ordinance No. 49-16. manner using the total assessed val- As to Subarea J, base period taxes ue shown on the assessment roll as shall be computed in the same man - of January 1, 2007, being the as- ner using the total assessed value sessment roll applicable to property in shown on the assessment roll as of such subarea as of January 1 of the January 1, 2015, being the assess - calendar year preceding the effective ment roll applicable to property in date of Ordinance No. 70-08, and such subarea as of January 1 of the base values shall be reduced due to calendar year preceding the effective the removal of area from Subarea C. date of Ordinance No. 49-16. As to Subarea D, base period taxes As to Subarea K, base period taxes shall be computed in the same man- shall be computed in the same man- ner using the total assessed value ner using the total assessed value shown on the assessment roll as of shown on the assessment roll as of January 1, 2007, being the assess- January 1, 2017, being the assess- ment roll applicable to property in ment roll applicable to property in such subarea as of January 1 of the such subarea as of January 1 of the calendar year preceding the effective calendar year preceding the effective date of Ordinance No. 70-08. date of Ordinance No. 18-18. As to Subarea E, base period taxes As to Subarea L, base period taxes shall be computed in the same man- shall be computed in the same man- ner using the total assessed value ner using the total assessed value shown on the assessment roll as of shown on the assessment roll as of January 1, 2013, being the assess- January 1, 2017, being the assess- ment roll applicable to property in ment roll applicable to property in such subarea as of January 1 of the such subarea as of January 1 of the calendar year preceding the effective calendar year preceding the effective date of Ordinance No.10-14. date of Ordinance No. 45-18. As to Subarea F, base period taxes As to Subarea M, base period taxes shall be computed in the same man- shall be computed in the same man- ner using the total assessed value ner using the total assessed value shown on the assessment roll as of shown on the assessment roll as of January 1, 2014, being the assess- January 1, 2017, being the assess- ment roll applicable to property in ment roll applicable to property in such subarea as of January 1 of the such subarea as of January 1 of the calendar year preceding the effective calendar year preceding the effective date of Ordinance No. 39-15. date of Ordinance No. 45-18. As to Subarea G, base period taxes As to Subarea N, base period taxes shall be computed in the same man- shall be computed in the same man- ner using the total assessed value ner using the total assessed value shown on the assessment roll as of shown on the assessment roll as of January 1, 2014, being the assess- January 1, 2020, being the assess- ment roll applicable to property in ment roll applicable to property in such subarea as of January 1 of the such subarea as of January 1 of pre - calendar year preceding the effective ceding the effective date of Ordi- date of Ordinance No. 55-15. nance No. 16-21. As to Subarea H, base period taxes As to Subarea O, base period taxes shall be computed in the same man- shall be computed in the same man - Page 143 of 1311 Book 154 Regular Session, February 19, 2024 57 ner using the total assessed value calendar year preceding the effective shown on the assessment roll as of date of this Ordinance No. 5-24. January 1, 2020, being the assess- Section 3: This Ordinance shall be in effect ment roll applicable to property in after its final passage, approval and publica- such subarea as of January 1 of pre- tion as provided by law. ceding the effective date of Ordi- Passed and approved this 19th day of Feb- nance 32-21. ruary 2024. As to Subarea P, Subarea P has been Brad M. Cavanagh, Mayor removed from the division of reve- Attest: Adrienne N. Breitfelder, City Clerk nues by Ordinance 21-22. Subarea P will remain within the District. 8. Council Member Susan Farber's Ap- As to Subarea Q, base period taxes pointment to the National League of Cities Al shall be computed in the same man- Advisory Committee: Motion by Resnick to ner using the total assessed value receive and file the documents. Seconded by shown on the assessment roll as of Wethal. City Council Members expressed ap- January 1, 2021, being the assess- preciation for Council Member Farber's in- ment roll applicable to property in volvement with the National League of Cities. such subarea as of January 1 of the Council Member Farber stated her intent to calendar year preceding the effective partner with Director of Strategic Partnerships date of Ordinance No. 21-22. Teri Goodmann and Chief Information Officer As to Subarea R, base period taxes Chris Kohlmann. Council Member Farber shall be computed in the same man- asked if her recusal was necessary for this ner using the total assessed value action item and Action Item No. 9. City Attor- shown on the assessment roll as of ney Brumwell confirmed that recusal was un- January 1, 2021, being the assess- necessary. Motion carried 7-0. ment roll applicable to property in such subarea as of January 1 of the 9. Council Member Susan Farber's Ap- calendar year preceding the effective pointment to the Federal Communications date of Ordinance No. 28-22-A. Commission Intergovernmental Advisory As to Subarea S, base period taxes Committee: Motion by Roussell to receive and shall be computed in the same man- file the documents and congratulate Council ner using the total assessed value Member Farber on her appointment. Second - shown on the assessment roll as of ed by Resnick. Council Member Farber stated January 1, 2022, being the assess- that she was honored to be selected for the ment roll applicable to property in committee. Motion carried 7-0. such subarea as of January 1 of the calendar year preceding the effective 10. Work Session Request: Sanitary Sewer date of Ordinance No. 10-23. Asset Management Plan Update on Consulting As to Subarea T, base period taxes Engineering Services: Motion by Jones to re - shall be computed in the same man- ceive and file the documents and schedule the ner using the total assessed value work session for March 4, 2024, at 5:30 p.m. shown on the assessment roll as of Seconded by Roussell. Motion carried 7-0. January 1, 2022, being the assess- ment roll applicable to property in 11. Work Session Request: Project HOPE such subarea as of January 1 of the Update: Motion by Roussell to receive and file calendar year preceding the effective the documents and schedule the work session date of this Ordinance No. 30-23-A. for May 6, 2024, at 5:30 p.m. Seconded by As to Subarea U, base period taxes Wethal. Motion carried 7-0. shall be computed in the same man- ner using the total assessed value 12. Work Session Request: Inclusive shown on the assessment roll as of Dubuque: Motion by Wethal to receive and file January 1, 2023, being the assess- the documents and schedule the work session ment roll applicable to property in for May 20, 2024, at 5:45 p.m. Seconded by such subarea as of January 1 of the Farber. Motion carried 7-0. calendar year preceding the effective date of this Ordinance No. 5-24. COUNCIL MEMBER REPORTS As to Subarea V, base period taxes shall be computed in the same man- Council Member Farber reported on the ner using the total assessed value Dubuque Arts Council's Artist in Residence shown on the assessment roll as of Gareth Johnson, who recently performed at January 1, 2023, being the assess- area schools and the University of Dubuque's ment toll applicable to property in Heritage Center. such subarea as of January 1 of the Page 144 of 1311 58 Special Session, March 4, 2024 Book 154 Council Member Resnick congratulated the National Mississippi River Museum & Aquari- um on their 20th anniversary. Mr. Resnick also reported on a recent event at Clarke University to commemorate the 4011 anniversary of the fire that occurred on its campus. Council Member Wethal reported on at- tending an ECIA training for City Councils and the Battle of the Bluffs Rodeo event at the Five Flags Center. Council Member Jones reported on attend- ing a recent children's music event at Carnegie Stout Public Library. Mayor Cavanagh reported on recently tour- ing Dubuque Stamping and Manufacturing, the upcoming Air Service Forum hosted by the Dubuque Area Chamber of Commerce, and the recent passing of Nick Lucy. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 8:18 p.m. to discuss Confidential Rec- ords, Pending Litigation, and Purchase or Sale of Real Estate — Chapter 21.5(1)(a),(c),Q) Code of Iowa. Seconded by Wethal. Mayor Cavanagh stated for the record that the attor- ney who will consult with the City Council on the issues to be discussed in the closed ses- sion is City Attorney Brumwell. Motion carried 6-0 with Sprank absent. The City Council reconvened in open ses- sion at 9:13 p.m. stating that staff had been given proper direction. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 9:13 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 March 4, 2024, 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 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 Sanitary Sewer Asset Man- agement Plan. WORK SESSION Sanitary Sewer Asset Management Plan (SSAMP) Update on Consulting Engineering Services Civil Engineer Maxwell O'Brien presented on the Sanitary Sewer Asset Management Plan and provided City Council with an update on the status of the program, reviewed the results from the preliminary analysis performed to date, and discussed the anticipated next steps for the program. Mr. O'Brien responded to questions from the City Council regarding workplace safety during implementation and incorporating the program into future budget- ing. Responding to a question from the City Council Nathan Kampman with HDR Engineer- ing summarized the use of risk -based decision making, strategy prioritization, and the various software that will be used to refine program data. There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:10 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk Page 145 of 1311 59 Regular Session, March 4, 2024 Book 154 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 4, 2024, 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 Attorney Brumwell. Mayor Cavanagh read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PRESENTATION(S) 1. The Public Safety Citizen Lifesaving Award Recognition: Fire Chief Amy Scheller recognized the following individuals for receiv- ing The Public Safety Citizen Lifesaving Award: For efforts in providing immediate care to a fallen community member using CPR and the use of a Hempstead High School AED: Student Drew Lewis, Hempstead coaches Damon Rogers and Tyler Schaul, and Dubu- que County Basketball Association Coach Haris Takes. For the support of an AED program throughout the schools: Dubuque Community School District (Superintendent Amy Hawkins and her team) A special thank you to the city responders who teamed up to assist these students and coaches which ultimately resulted in a positive outcome for one of our residents: Dispatchers Michelle Gensrick and Jason Coxs. Respond- ing members from the fire department include Larry Ewert, Adam Feyen, Chris Grue, Bryan McDonald, Doug Merkes, Brian Pape, and Austin Schmit. PROCLAMATION(S) 1. Irish American Heritage Month (March 2024) was accepted by Vicki Leonard on be- half of the Ancient Order of Hibernians Dubu- que Division #2. CONSENT ITEMS Kathy Gorman, 3005 Jackson St., request- ed Item No. 11 be held for separate discus- sion. Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated except for Item No. 11. Se- conded by Farber. Motion carried 7-0. 1. Minutes and Reports Submitted: Airport Commission of January 16, 2024; Arts and Cultural Affairs Commission of December 27, 2023 and January 23, 2024; Cable Television Commission of August 29, 2023; City Council Proceedings of February 19, 2024; Historic Preservation Commission of February 15, 2024; Park and Recreation Commission of April 11, 2023; May 9, 2023; June 13, 2023; August 8, 2023; October 10, 2023; November 14, 2023; December 12, 2023; January 13, 2024; Resilient Community Advisory Commis- sion of September 7, 2023; October 5, 2023; November 2, 2023; December 7, 2023; Transit Advisory Board of September 14, 2023; Zon- ing Board of Adjustment of January 25, 2024; Draft Zoning Board of Adjustment of February 22, 2024; Proof of Publication for City Council Proceedings of February 5, 2024. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Roger and Mary Rollinger for property damage; Brian Zeimet 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: Roger and Mary Rollinger for property damage; Brian Zeimet for property damage. Upon motion the documents were received, filed, and concurred. 4. Approval of City Expenditures: Upon motion the documents were received and filed, and Resolution No. 48-24 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. 48-24 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, Page 146 of 1311 Book 154 Regular Session, March 4, 2024 60 or property, specifying date, to whom, and from what fund paid; and Whereas, the invoices, presented by those firms and persons providing such goods and services have been pre -audited by Finance Department personnel in accordance with generally accepted internal control procedures and have been determined to have been req- uisitioned for a lawful municipal purpose; and Whereas, the Chief Financial Officer -City Treasurer has provided a list of Expenditures attached hereto, and by this reference made a part hereof, to be drawn to pay for goods and services provided for City purposes; and Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142-18 adopted May 7, 2018, authorized the Chief Financial Officer -City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. 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 Financial Officer are hereby authorized and directed to provide the statement of receipts and disbursements to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 4th day of March 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Authorized Depository Institutions: Upon motion the documents were received and filed, and Resolution No. 49-24 Naming Deposito- ries was adopted. RESOLUTION NO. 49-24 Whereas, Chapter 12C.2 of the Code of Iowa states that the approval of a financial institution as a depository shall be by written resolution or order which shall be entered of record in the minutes of the approving board, and which shall distinctly name each deposito- ry approved, 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, IA.: Section 1. That the following financial insti- tutions are approved to be depositories of the City of Dubuque, IA. 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, IA. 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, Dubu- que, IA., $60,000,000 Iowa Public Agency Investment Trust, West Des Moines, Iowa, $60,000,000 U.S. Bank, Minneapolis, Minnesota, $40,000,000 Fidelity Bank & Trust, Dyersville, Iowa, $40,000,000 Dupaco Community Credit Union, Dubu- que, IA., $40,000,000 DuTrac Community Credit Union, Dubu- que, IA., $40,000,000 Collins Community Credit Union, Cedar Rapids, Iowa, $40,000,000 Capra Bank, Dubuque, IA., $40,000,000 Green State Credit Union, North Liberty, Iowa, $40,000,000 Vibrant Credit Union, Moline, Iowa, $40,000,000 Premier Bank, Dubuque, IA., $40,000,000 Hometown Bank, Fond du Lac, Wisconsin, $250,000 Passed, approved and adopted this 4th day of March 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. US Census Boundary and Annexation Survey: City Manager shared information and raising awareness of the annual process for the U.S. Census Bureau Boundary and An- nexation Survey. Upon motion the documents were received and filed. 7. Acceptance of Grant of Easement for Storm Sewer Utility across Rabbit Hollow Na- ture Conservancy, Inc. Property off of Rock- dale Rd. in Dubuque: Upon motion the docu- ments were received and filed, and Resolution No. 050-24 Accepting a Grant of Easement for storm sewer utility through, under and across part of Lot 2 of Rabbit Hollow Place # 5, in the City of Dubuque, IA. was adopted. Page 147 of 1311 Book 154 Regular Session, March 4, 2024 61 RESOLUTION NO. 50-24 ACCEPTING A GRANT OF EASEMENT FOR STORM SEWER UTILITY THROUGH, UN- DER AND ACROSS PART OF LOT 2 OF RABBIT HOLLOW PLACE # 5, IN THE CITY OF DUBUQUE, IA. Whereas, Rabbit Hollow Nature Conserv- ancy, Inc. has executed a Grant Easement for Storm Sewer Utility through, under and across Part of Lot 2 of Rabbit Hollow Place # 5, in the City of Dubuque, IA. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The City Council of the City of Dubuque, IA., hereby approves of, accepts and consents to the Grant of Easement for Storm Sewer Utility through, under and across Part of Lot 2 of Rabbit Hollow Place # 5, in the City of Dubuque, IA. from Rabbit Hollow Na- ture Conservancy, Inc., a copy of which is at- tached 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. Passed, approved and adopted this 4th day of March 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 8. 2022 John F. Kennedy Road Sidewalk Installation Project: Upon motion the docu- ments were received and filed, and Resolution No. 51-24 Accepting the 2022 John F. Kenne- dy Road Sidewalk Installation Project - Iowa DOT Project TAP-U-2100-703-81-31 and au- thorizing the payment of the contract amount to the contractor; and Resolution No. 52-24 Adopting the Final Assessment Schedule for the 2022 John F. Kennedy Road Sidewalk Installation Project - Iowa DOT Project TAP-U- 2100-703-81-31 were adopted. RESOLUTION NO. 51-24 ACCEPTING THE 2022 JOHN F. KENNEDY ROAD SIDEWALK INSTALLATION PRO- JECT - IOWA DOT PROJECT TAP-U-2100- 703-81-31 AND AUTHORIZING THE PAY- MENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the 2022 John F. Kennedy Road Sidewalk Installation Project - Iowa DOT Project TAP-U- 2100-703-81-31 (the Project) has been com- pleted by the contractor, Midwest Concrete Inc. (Contractor), and the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the concrete retaining walls con- structed to accommodate the sidewalks will remain city owned and the responsibility of the city for future maintenance; and Whereas, the limestone retaining wall ad- jacent to 2659 John F. Kennedy Road was constructed to accommodate the sidewalk but will remain a private retaining wall with future maintenance responsibility belonging to the abutting property owner; and Whereas, the final contract amount for the Project is $599,582.62; and Whereas, the Contractor has previously been paid $581,595.14, leaving a balance of $17,987.48; 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, IA.: 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 $17,987.48 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 4th day of March 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 52-24 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE 2022 JOHN F. KEN- NEDY ROAD SIDEWALK INSTALLATION PROJECT - IOWA DOT PROJECT TAP-U- 2100-703-81-31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. After full consideration, the Final Schedule of Assessments shown on the at- tached Exhibit A, is hereby approved for the 2022 John F. Kennedy Road Sidewalk Installa- tion Project - Iowa DOT Project TAP-U-2100- 703-81-31. 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 Final 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 pro- visions 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 Page 148 of 1311 Book 154 Regular Session, March 4, 2024 62 Dubuque County, IA., and to publish notice of 1015353019; 2644 John F Kennedy Rd; Lot 2 said certification once each week for two con- Carol Meyer Place; Hilby, Clayton; 2644 secutive weeks in the manner provided in Iowa John F Kennedy Rd; Dubuque, IA 52001; Code §362.3, the first publication of which $1,428.69 shall be not more than fifteen days from the 1015354026; 2548 Rosewood Dr; Lot 23 Blk date of filing of the Final Schedule of Assess- 21 Clover Hills Sub; McDonnell, Daniel C & ments. On or before the date of the second Margie J; 2548 Rosewood Dr; Dubuque, IA publication of the notice, the City Clerk shall 52001; $2,197.98 also mail a copy of said notice to property 1015354030; 2511 Marywood Dr; Lot 1 Blk 21 owners whose property is subject to assess- Clover Hills Sub; Youtzy, Larry J & Linda A; ment, as provided in Iowa Code §384.60. 2511 Marywood Dr; Dubuque, IA 52001; Section 4. The assessments may be paid $2,197.98 in full or in part without interest at the office of 1015358001; 2512 Marywood Dr; Lot 1 Blk 20 the City Engineer, City Hall, 50 W. 13t' Street, Clover Hills Sub; Soaring Eagles Enterprises Dubuque, IA., at any time within 30 days after LLC; 6340 Saulk Trl; Dubuque, IA 52002; the date of the first notice of the Final Sched- $2,048.08 ule of Assessments. Thereafter, unpaid as- 1016277006; 3057 John F Kennedy Rd; Lot 2- sessments of $500.00 or more are payable in 1-1-1-1-9 Ne 1/4 Sec 16 T89N R2E; Key City 15 annual installments at the County Treasur- Rentals LLC; 3253 Arrowwood Ln; Dubuque, er's Office, Dubuque County Courthouse, 720 IA 52001; $1,648.49 Central Avenue, Dubuque, IA., and will draw 1016277007; 3037 John F Kennedy Rd; Lot 1- annual interest at three percent (3%) comput- 2-1-1-9 NE 1/4 - Sec 16 T89N R2E; Key City ed to December 1 next following the due dates Rentals LLC; 3253 Arrowwood Ln; Dubuque, of the respective installments as provided in IA 52001; $2,088.08 Section 384.65 of the Code of Iowa. Each in- 1016277008; 3017 John F Kennedy Rd; Lot 2- stallment will be delinquent from October 1 2-1-1-9 NE 1/4 - Sec 16 T89N R2E; Wind - following its due date on July 1 of each year. ers, Jacqueline A; 3017 John F Kennedy Rd; However, when the last day of September is a Dubuque, IA 52002; $1,890.26 Saturday or Sunday, that amount shall be de- 1016277009; 2995 John F Kennedy Rd; Lot 2- linquent from the second business day of Oc- 1-1-1-9 NE 1/4 Sec 16 T89N R2E; Hankins, tober. Delinquent installments will draw the Christopher B & Tess M; 2995 John F Ken - same delinquent interest as ordinary taxes. nedy Rd; Dubuque, IA 52002; $1,758.38 Property owners may elect to pay any annual 1016277012; 2935 John F Kennedy Rd; Lot 2- installments semi-annually in advance. 1-1-1-1-1-1-1-1-9 Ne 1/4 Sec 16 T89N - R2E Passed, approved and adopted this 4th day (Lands Inside); Meyer, Lori Ann; 2935 John of March 2024. F Kennedy Rd; Dubuque, IA 52002; Brad M. Cavanagh, Mayor $1,098.99 Attest: Adrienne N. Breitfelder, City Clerk 1016277014; 3169 John F Kennedy Rd; Bal Lot 1-2-9 Ne 1/4 Sec 16 T89N R2E; Parcel; Address; Lot Description; Property Schemmel, Charles J & Sharon L; 3169 John F Kennedy Rd; Dubuque, IA 52002; $285.74 Owners; Mailing Address; Total Assessment 1015308001; 3260 Raven Oaks Dr; Lot 2 Ra- ven Oaks; Dollinc LLC; E 10002 County Rd 1016277015; 3199 John F Kennedy Rd; Bal of P; Wisconsin Dells, WI 53965; $2,967.27 Lot 2-1-1-1-1-1-1-1-1-1-9 NE 1/4 Sec 16 1015351001; 2690 Marywood Dr; Lot 1 Blk 27 T89N R2E; Jahnke, Virginia E; 5575 Penn - Clover Hills Sub; Roeder, John J; 306 N 3rd sylvania Ave, Room 307; Dubuque, IA St; Bellevue, IA 52031; $3,296.97 52002; $1,964.34 1015353001; 2691 Marywood Dr; Lot 14 Blk 1016279010; John F Kennedy Rd; Lot 4 22 Clover Hills Sub; Clancy, Patrick J & Bruecks Sub; Kohnen, John J Trust 3/26/07; Sheri A; 2691 Marywood Dr; Dubuque, IA 7326 N Citrus Rd; Waddell, AZ 85355; 52001; $3,428.85 $2,197.98 1015353004; 2640 John F Kennedy Rd; Lot 1- 1016279011; 3038 John F Kennedy Rd; Lot 3 1-3-1 & Lot 1-2-1-2-3-1 Highland Farm; Bruecks Sub; Kohnen, John J Trust 3/26/07; Pfohl, John A & Judy M; 2640 John F Ken- 7326 N Citrus Rd; Waddell, AZ 85355; nedy Rd; Dubuque, IA 52001; $2,197.98 $2,197.98 1015353005; 2636 John F Kennedy Rd; Lot 2- 1016279012; 3038 John F Kennedy Rd; Lot 2 1-3-1 & Lot 2-2-1-2-3-1 Highland Farm; Bruecks Sub; Kohnen, John J Trust 3/26/07; Timmerman, Le Roy J & Julie K; 2636 John 7326 N Citrus Rd; Waddell, AZ 85355; F Kennedy Rd; Dubuque, IA 52001; $2,197.98 $1,758.38 1016279021; 3298 W 32"d St; Bal of Bal of Lot 1015353014; 2549 Rosewood Dr; Lot 1 Blk 22 8 Bruecks Sub; Pask, Arin C; 3298 W 32"d Clover Hills Sub; Linden, Tyler; 2549 Rose- St; Dubuque, IA 52001; $4,040.55 wood Dr; Dubuque, IA 52001; $2,314.03 Page 149 of 1311 Book 154 Regular Session, March 4, 2024 63 1016279023; 2986 John F. Kennedy Rd; Bal Lot 1 Bruecks Sub; Mozena, Rodney M Etal; 14862 Old Highway Rd; Dubuque, IA 52002; $1,912.24 1016479011; 2699 John F Kennedy Rd; Lot 2 Old Timers Athletic & Supper Club Place; Sullivan, Samuel J; 2699 John F Kennedy Rd; Dubuque, IA 52002; $769.29 1016483017; 2639 John F Kennedy Rd; Lot 2- 1-2 S1/2 of 2-1 Min Lot 452; EBM LLC; 2659 John F Kennedy Rd; Dubuque, IA 52002; $1, 648.49 1016483019; 2571 John F Kennedy Rd; Lot 2- 1-2 Of E 2.00 Ac of Lot 1 J P Mettels Sub No 2; Huseman Properties LLC; 2571 John F Kennedy Rd; Dubuque, IA 52002; $1,472.65 1016483020; 2571 John F Kennedy Rd; Lot 2- 1-1-2 E 2.00 Ac of 1 J P Mettels Sub No 2; Huseman Properties LLC; 2571 John F Ken- nedy Rd; Dubuque, IA 52002; $1,033.05 1016483021; 2551 John F Kennedy Rd; Lot 1- 1-1-2-E 2 Ac Lot 1 John Mettel Sub # 2; Les- lein, Kenneth A & Colleen; 2551 John F Kennedy Rd; Dubuque, IA 52002; $1,230.87 1016483022; 2531 John F Kennedy Rd; Lot 2- 2 of E 2.00 Ac of 1 John Mettels Sub # 2; Laird, Zachary A; 2531 JFK Rd; Dubuque, IA 52002; $2,715.17 1016483028; 3305 Kaufmann Ave; Lot 5 Blk 1 Johansen Sub #1; Zulic, Zuhdija & Mine; 3305 Kaufmann Ave; Dubuque, IA 52002; $3,516.77 1016483029; 2659 John F Kennedy Rd; Lots 1-1 & 2-1 Old Timers Athletic & Supper Club Place; EBM LLC; 2659 John F Kennedy Rd; Dubuque, IA 52002; $4,242.10 1022101001; 3299 Kaufmann Ave; Lot 1 Blk 18 Clover Hills Sub; Gagne, Pamela P; 3299 Kaufmann Ave; Dubuque, IA 52001; $1, 758.38 1022103001; John F Kennedy Rd; Lot 11 (Exc E 100') Blk 17 Clover Hills Sub; Law Building Co LLP; 2345 John F Kennedy Rd; Dubu- que, IA 52002; $879.19 1022103003; 2455 Gordon Dr; Lot 10 Blk 17 Clover Hills Sub; Splinter, John I & Pollyan- na; 2455 Gordon Dr; Dubuque, IA 52001; $0.00 1022103004; 2419 Gordon Dr; Lot 9 Blk 17 Clover Hills Sub; McKillip, Joseph L & Nancy A; 2419 Gordon Dr; Dubuque, IA 52001; $1,346.26 1022103005; 2395 Gordon Dr; Lot 8 Blk 17 Clover Hills Sub; Lindecker, Craig M & Jas- per, Deanne M; 2395 Gordon Dr; Dubuque, IA 52001; $1,346.26 1022103006; 2381 Gordon Dr; Lot 7 Blk 17 Clover Hills Sub; Lynn, Leigh Ann; 2381 Gordon Dr; Dubuque, IA 52001; $1,346.26 1022103007; 2361 Gordon Dr; Lot 6 Blk 17 Clover Hills Sub; Strub, Jamie M; 2361 Gor- don Dr; Dubuque, IA 52001; $1,346.26 1022103008; 2343 Gordon Dr; Lot 5 Blk 17 Clover Hills Sub; Wernimont, Ronald J; 2343 Gordon Dr; Dubuque, IA 52001; $1,346.26 1022103009; 2333 Gordon Dr; Lot 4 Blk 17 Clover Hills Sub; Howe, Judy A/K/A Judith M Howe; 2333 Gordon Dr; Dubuque, IA 52001; $1,346.26 1022103010; 2315 Gordon Dr; Lot 3 Blk 17 Clover Hills Sub; Buol, Rick J & Dana K; 2315 Gordon Dr; Dubuque, IA 52001; $1,346.26 1022103011; 2299 Gordon Dr; Lot 2 Blk 17 Clover Hills Sub; Schmitt, Joshua D & Jayna M Etal; 14643 Yancy St Ne; Ham Lake, MN 55304; $1,346.26 1022103012; 2291 Gordon Dr; Lot 2-1 Neil Place & Lot 1-1 Blk 17 Clover Hills Sub; Ret- tenberger, Michael D & Jolene L; 2291 Gor- don Dr; Dubuque, IA 52001; $1,763.22 1022103020; 2300 John F Kennedy Rd; Lot 2 Neil Place; Lot 1 & 2 of Neil Place #2; J&K Real Estate LLC; 2300 John F Kennedy Rd; Dubuque, IA 52001; $263.76 9. Seippel Road Water Main Relocation Project - Acceptance of Public Improvement Construction Contract: Upon motion the doc- uments were received and filed, and Resolu- tion No. 53-24 Accepting the Seippel Road Water Main Relocation Project and authorizing the payment to the contractor was adopted. RESOLUTION NO. 53-24 ACCEPTING THE SEIPPEL ROAD WATER MAIN RELOCATION PROJECT AND AU- THORIZING THE PAYMENT TO THE CON- TRACTOR Whereas, the public improvement contract for the Seippel Road Water Main Relocation Project, (the Project) has been completed by the Contractor, Horsfield Construction, 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 $175,308.58; and Whereas, the Contractor has previously been paid $94,321.82, leaving a balance of $80,986.76; 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, IA.: Section 1. The recommendation of the City Engineer is approved, and the Project is here- by accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $80,986.76 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 Page 150 of 1311 Book 154 Regular Session, March 4, 2024 64 chapter 26.13. Passed, approved, and adopted this 4'h day of March 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 10. Dubuque Area Chamber of Com- merce's Air Service Survey Results and Dubu- que Air Service Goals and Objectives: Upon motion the documents were received and filed. 11. 3000 Jackson Dubuque Brewing and Malting Project Update: Ms. Gorman spoke about concerns with contractor activities occur- ring at the site, including sidewalk removal, litter, and lack of street parking. Ms. Gorman also expressed concerns about lack of com- munication regarding site actions. Motion by Resnick to receive and file the documents. Seconded by Farber. Responding to questions from the City Council, Assistant Housing and Community Development Director Michael Belmont stated that contractors are responsi- ble for notifying utilities of sidewalk removal and scheduling a time for removal. In this case the contractor did not provide notification of their intention to remove the area sidewalks. Mr. Belmont further stated that a site visit will occur before partial site deconstruction and more substantial fencing will be requested for deconstruction. The Assistant Fire Marshall is aware of the building's demolition schedule and has identified an available fire hydrant if necessary. City Council Members thanked Ms. Gorman for providing input. City Council mem- bers acknowledged the site activity's impact on the area neighborhood and the ongoing pro- cess to resolve the buildings' issues. Motion carried 7-0. 12. Letter of Support for Dubuque County Energy District: City Manager shared infor- mation on the City Manager's Letter of Support for the Dubuque County Energy District's grant application to The Funders Network's (TFN) Partners for Places (P4P). Upon motion the documents were received and filed. 13. Bloomberg's Youth Climate Action Grant Application Submittal: Upon motion the documents were received, filed, and approved. 14. Approval to Provide Matching Funding for a Historic Structure Report for Eagle Point Park: City Manager recommended City Coun- cil approval to provide matching funding of $75,000 for the grant application to be filed by Heritage Works to the Jeffris Heartland Fund to develop a Historic Structures Report (HSR) for the Alfred Caldwell designed buildings at Eagle Point Park. Upon motion the documents were received, filed, and approved. 15. American Flood Coalition Membership Correspondence from the City of Dubuque to the American Flood Coalition regarding the city's decision to join the coalition. The Ameri- can Flood Coalition is a nonpartisan group of political, military, business, and local leaders that have come together to drive adaptation to higher seas, stronger storms, and more fre- quent flooding. The coalition seeks to advance solutions that support flood -affected communi- ties. Upon motion the documents were re- ceived and filed. 16. Letters of Support for Ham House Inte- rior Restoration & Preservation Project: City Manager recommended City Council approval of letters of support and authorization for the Dubuque County Historical Society (DCHS) to apply for two grants for interior restoration and preservation at the Mathias Ham House. Upon motion the documents were received, filed, and approved. 17. Request for City Council Ratification of Two Amendments to current Collective Bar- gaining Agreements {DPPA and Teamsters (Bus Operators)}: Upon motion the documents were received, filed, and approved. 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. Housing Appeals and Mediation Board: One, 3-Year Term through January 1, 2027 (Vacant term of Lenhart). Applicant: Jeff Len - hart, 1085 Main St. Mr. Lenhart spoke in sup- port of his application and provided a brief biography. PUBLIC INPUT Kyle Cox, 924 Arrowhead, East Dubuque, IL., provided information on the Rockdale Flood of 1876 and his goal to establish a me- morial park near the site of the flood on the flood's 150'h anniversary of July 4, 2026. Mr. Cox shared details of upcoming events that will provide more information about the history of the flood. ACTION ITEMS 1. Greater Dubuque Development Corpo- ration's 'You Can Be Great Here' Campaign Progress Brochure: Motion by Resnick to re- ceive and file the documents. Seconded by Jones. Rick Dickinson, President and CEO of Greater Dubuque Development Corporation Page 151 of 1311 Book 154 Regular Session, March 4, 2024 65 (GDDC) provided an overview of GDDC's 'You Can Be Great Here' Campaign Progress Bro- chure that was distributed with City utility bills from February 14 through March 6, 2024. Re- sponding to a question from the City Council, Mr. Dickinson stated that the campaign's two greatest challenges are population growth and job growth. Motion carried 7-0. 2. Prepared Live: Motion by Roussell to re- ceive and file the documents and listen to the presentation. Seconded by Wethal. Emergen- cy Communications Center Director Jessica Georg e-Rethwisch shared information on a new web -based platform Prepared Live that Emergency Communications Center went live with on March 4, 2024. Responding to ques- tions from the City Council, Ms. George- Rethwisch stated that the system is currently used by Grant County, Wisconsin, and Jones County, IA. The Emergency Communications team will receive feedback on how often the system is used and additional program tiers with additional features may be considered based on the quantity of system use. Motion carried 7-0. 3. Approve Reimagine Comiskey Park - Phase 2 National Park Service Outdoor Rec- reation Legacy Grant Application Submission: Motion by Sprank to receive and file the doc- uments and adopt Resolution No. 54-24 Au- thorizing the Mayor to execute an application for the National Park Service Outdoor Recrea- tion Legacy Partnership Program Grant and authorizing the Leisure Services Director and the City Manager to approve the application. Seconded by Wethal. City Council Members expressed enthusiasm for Phase 2 of the pro- ject. Motion carried 7-0. RESOLUTION NO. 54-24 AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION FOR THE NATIONAL PARK SERVICE OUTDOOR RECREATION LEGACY PARTNERSHIP PROGRAM GRANT AND AUTHORIZING THE LEISURE SERVICES DIRECTOR AND THE CITY MANAGER TO APPROVE THE APPLICA- TION Whereas, the City of Dubuque wishes to find matching funds for already budgeted funds to complete the Comiskey Park renova- tion; and Whereas, the City of Dubuque proposes to apply for funding through the National Park Service Outdoor Recreation Legacy Partner- ship Program for Phase 2. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA., THAT: Section 1. That the Mayor hereby is au- thorized and directed to submit an application for the Reimagine Comiskey Park -Phase 2 project on behalf of the City of Dubuque. Section 2. That the Leisure Services Direc- tor and the City Manager are hereby author- ized to approve the application that is submit- ted to Jessica Flatt. 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 agencies in a timely fashion and as required by the Iowa Depart- ment of Natural Resources. Passed, approved and adopted this 4th day of March 2024. Brad M. Cavanaugh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. 2023 Dubuque Police Department An- nual Report: Motion by Roussell to receive and file the documents. Seconded by Jones. Police Chief Jeremy Jensen highlighted information in the report. City Council Members praised the Police Department's professional standards, policing conduct, and collaboration with com- munity partners. Motion carried 7-0. 5. Central Ave. and White St. Corridor Traf- fic Study Recommendation for Selection of Professional Consultant Services: Motion by Sprank to receive and file the documents and approve the selection of Bolton & Menk, Inc. as the first -ranked Consultant and that the City be authorized to negotiate a Professional Con- sultant Services Agreement to complete a cor- ridor study for Central Ave. and White St. and the feasibility of corridor solutions based on public engagement and a holistic approach using traffic calming and urban design ele- ments. Seconded by Farber. Responding to a question from the City Council, Traffic Engi- neer Justine Hull stated that the study's results are expected in November of 2024. City Coun- cil Members emphasized the need to improve the corridor and thanked community members Joe Kirk and Terry Mozena for serving on the Consultant Selection Committee. Motion car- ried 7-0. COUNCIL MEMBER REPORTS Council Member Roussell reported on her service on the Hawkeye Area Community Ac- tion Program (HACAP) Board of Directors and HACAP's recent hiring of an employee fluent in Marshallese. Council Member Jones reported on the re- cent strategic planning session of the Dubuque Metropolitan Area Solid Waste Agency, of which Mr. Jones is a board member. Council Members Wethal and Farber re- spectively reported on attending the annual United Labor Dinner. Ms. Farber remarked on Page 152 of 1311 66 Special Session, March 7, 2024 Book 154 a memorial statement made at the dinner in honor of the late Nick Lucy. Mayor Cavanagh reported on conducting joint presentations with Sustainability Director Gina Bell that summarized their attendance at the United Nations Climate Change Confer- ence (COP28). Mayor Cavanagh stated that bold action would be essential to attract the necessary resources to fulfill the city's sustain - ability goals. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 7:56 p.m. to discuss Purchase or Sale of Real Estate — Chapter 21.5(1)(j) 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 Attor- ney Brumwell. Motion carried 7-0. The City Council reconvened in open ses- sion at 9:19 p.m. stating that staff had been given proper direction. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 9:19 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 7, 2024, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Pro Tern Jones; Mayor Cavanagh (attended virtually); Council Mem- bers Farber, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attorney Brumwell. Absent: Council Member Resnick. Mayor Pro Tern Jones read the call and stated this is a special session of the City Council called for the purpose of setting a pub- lic hearing on the proposed Fiscal Year 2025 Tax Rate and Dollars. ITEMS SET FOR PUBLIC HEARING Set Public Hearing for Proposed Fiscal Year 2025 Tax Rate and Dollars and Taxpayer Statements: Motion by Sprank to receive and file the documents and adopt Resolution No. 55-24 Setting a Public Hearing on the Pro- posed Fiscal Year 2025 Tax Rate and Dollars and Taxpayer Statements. Seconded by Wethal. City Manager Van Milligen made a presentation on the proposed Fiscal Year 2025 tax rate and dollars. Chief Financial Officer Jennifer Larson provided clarification on the city's reduction in taxable value due to the state legislature changing the state military credit to an exemption, therefore eliminating state funding toward it. Ms. Larson further clar- ified the two commercial and industrial back - fills, stating that the 90% backfill will be phased out and a new backfill will be funded by the state. City Council Members thanked city staff for their work preparing the budget, expressed frustration with the current budgeting process required by state code, and stressed the in- creasing operational costs of city government. Responding to a question from the City Coun- cil on budgeting for cybersecurity, City Manag- er Van Milligen summarized multiple budget actions in support of cybersecurity, including allocating around $600,000 to move the city's Information Technology Department to a facili- ty in the West End; allocating $3,000,000 to replace all police, fire, and emergency com- munications software systems; and adding a cybersecurity position to last year's budget. City Council Members indicated their support for the City Manager's property tax rate rec- ommendation. Motion carried 6-0. Page 153 of 1311 67 Special Session, March 18, 2024 Book 154 RESOLUTION NO. 55-24 SETTING A PUBLIC HEARING ON THE PROPOSED FISCAL YEAR 2025 TAX RATE AND DOLLARS AND TAXPAYER STATE- MENTS Whereas, pursuant to State of Iowa Sec- tion 24.2A (4)(a) as adopted by Iowa HF718, the City of Dubuque is required to hold a public hearing to consider the proposed Fiscal Year 2025 city tax rate and dollars and taxpayer statements; 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 review the proposed tax notice for the Fiscal Year 2025 Tax Rate and Dollars and Taxpayer Statements. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. THAT: Section 1. The Dubuque City Council will conduct a public hearing on March 25, 2024, at 6:30 p.m. at City Council Chambers, 350 W 6t" St. and virtually. Section 2. The Chief Financial Officer is hereby directed to prepare a Notice of Public Hearing on the proposed Fiscal Year City Property Tax Levy with the required infor- mation pursuant to Section 24.2A (4)(a) as adopted by Iowa HF718. Section 3. The City Clerk is hereby di- rected to publish the notice of public hearing pursuant to Section 24.2A (4)(a) as adopted by Iowa HF718. Passed, adopted and approved this 7th day of March 2024. Ric W. Jones, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk ADJOURNMENT There being no further business, Mayor Pro Tern Jones declared the meeting ad- journed at 7:30 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 5:45 p.m. on March 18, 2024, 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 Attorney Brumwell. Mayor Cavanagh stated for the record that City Clerk Breitfelder was excused from the meeting and that Assistant City Manager Cori Burbach would serve as Acting 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 on the Secondary Responder Model. WORK SESSION Secondary Responder Model Chief of Police Jeremy Jensen, Captain Steve Radloff, and Lieutenant Mike McTague presented information regarding the Second- ary Responder Model. Responding to a ques- tion from the City Council, Chief Jensen stated that increased awareness of brain health has resulted in higher volumes of brain health calls for service. Chief Jensen further stated that the model would experience additional success if providers could be co -located. City Council Members expressed appreciation for the mod- el and its communitywide impact. There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:31 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk Page 154 of 1311 68 Regular Session, March 18, 2024 Book 154 CITY OF DUBUQUE IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:33 p.m. on March 18, 2024, 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 Attorney Brumwell. Mayor Cavanagh stated for the record that City Clerk Breitfelder was excused from the meeting and that Assistant City Manager Cori Burbach would serve as Acting City Clerk. Mayor Cavanagh read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Coun- cil. PLEDGE OF ALLEGIANCE PROCLAMATION(S) 1. AmeriCorps Week (March 10 - 16, 2024) was accepted by AmeriCorps Assistant Sarah Berna, Community Impact Administrative As- sistant Anne Marie Greenwood, and Green Iowa AmeriCorps Climate Action Activator Jessica Anderschau on behalf of the City of Dubuque AmeriCorps Program and Green Iowa AmeriCorps within the Office of Sustain - ability. 2. Honey Bee Day (March 27, 2024) was accepted by H.R. Cook on behalf of the Iowa Honey Producers Association and Swiss Val- ley Bee Club. 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: Cable TV Commission of January 24, 2024; City Council Proceedings of March 4 and March 7, 2024; Five Flags Civic Center Advisory Com- mission of December 5, 2023; Library Board of Trustees Update of February 22, 2024; Proof of Publication for City Council Proceedings of February 12 and February 19, 2024. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Latoya Eu- banks for property damage; Ronald Lindblom and Catherine Dunning for property damage; Azariah Martin for vehicle damage; Kirtland Thayer 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: Latoya Eubanks for property damage; Ronald Lindblom and Catherine Dunning for property damage. Upon motion the documents were received, filed, and concurred. 4. Approval of City Expenditures: Upon motion the documents were received and filed, and Resolution No. 56-24 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. 56-24 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 generally accepted internal control procedures and have been determined to have been req- uisitioned for a lawful municipal purpose; and Whereas, the Chief Financial Officer -City Treasurer has provided a list of Expenditures attached hereto, and by this reference made a part hereof, to be drawn to pay for goods and services provided for City purposes; and Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142-18 adopted May 7, 2018, authorized the Chief Financial Officer -City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. THAT: Section 1. The Chief Financial Officer -City Treasurer is hereby authorized to issue pay- ment for goods and services provided for City Page 155 of 1311 Book 154 Regular Session, March 18, 2024 69 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 Financial Officer are hereby authorized and directed to provide the statement of receipts and disbursements to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 1811 day of March 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Civil Service Commission's Certified List - Police Officer: Upon motion the documents were received, filed, and made a matter of record. March 7, 2024 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 February 24, 2024. We, The Civil Service Commission, hereby certify that the individuals listed in the attached spreadsheet have passed the written examination or are using a valid transfer score and any vacancies for the position of Police Officer should be filled from this list and that this list is good through March 12, 2025. Police Officer 1. Daniel Brimmer — Transfer Score, 2. David DeMarais, 3. Joseph Kimball, 4. Camerin McClain, 5. John Michel — Transfer Score, 6. Melissa Seaman — Transfer Score, 7. Jaycob Thompson — Transfer Score Respectfully Submitted, Civil Service Commissioner 6. Letters of Support for HOME ARP Funds: City Manager recommended approval to provide a letter of support to developers of projects at 1301 Central Avenue and 1739- 1763 Central Avenue for submission with their application for HOME ARP funds. Upon motion the documents were received, filed, and ap- proved. 7. 2024 — Q1 Update on Childcare Chal- lenges and Collaborations: Upon motion the documents were received and filed. 8. Brewing and Malting Project Update - 3000 Jackson Dubuque: Upon motion the documents were received and filed. 9. Water & Resource Recovery Center Odor Abatement Efforts Update: Upon motion the documents were received and filed. 10. First Amendment to Development Agreement by and between the City of Dubu- que, IA., and Farley & Loetscher, LLC: Upon motion the documents were received and filed, and Resolution No. 57-24 Approving a First Amendment to Development Agreement by and Between the City of Dubuque, IA., and Farley & Loetscher, LLC was adopted. RESOLUTION NO. 57-24 APPROVING A FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BE- TWEEN THE CITY OF DUBUQUE, IA., AND FARLEY & LOETSCHER, LLC Whereas, the City of Dubuque, IA. (City) and Farley & Loetscher, LLC (Developer) en- tered into a Development Agreement dated for reference purposes September 5, 2023, for the redevelopment of 801 Jackson Street in the City of Dubuque, IA. (the Property); and Whereas, City and Developer desire to amend the Development Agreement as set forth in the attached First Amendment to De- velopment Agreement; and Whereas, it is the determination of the City Council that approval of 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, IA.: Section 1. That the First Amendment to Development Agreement by and between the City of Dubuque, IA., and Farley & Loetscher, LLC is hereby approved. Section 2. That the Mayor is hereby au- thorized and directed to execute the First Amendment to 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 First Amendment to Development Agreement as herein ap- proved. Passed, approved and adopted this 18th day of March 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 11. Right of Way Platting — Merge (The Stacks) Project in the Port of Dubuque: Upon motion the documents were received and filed, and Resolution No. 58-24 Approving the Ac- quisition Plat of Lot 1A of Adams company's 5ch Addition, in the City of Dubuque, IA. was adopted. Page 156 of 1311 Book 154 Regular Session, March 18, 2024 70 RESOLUTION NO. 58-24 APPROVING THE ACQUISITION PLAT OF LOT 1A OF ADAMS COMPANY'S 5T" ADDI- TION, IN THE CITY OF DUBUQUE, IA. Whereas, there has been presented to the City Council of the City of Dubuque, IA., a plat dated March 6, 2024 prepared by the City of Dubuque Engineering Department describing Lot 1A of Adams Company's 5th Addition, in the City of Dubuque, IA.; and Whereas, said plat conforms to the laws and statues pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the plat dated March 3, 2024, 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 on behalf of the City of Dubuque, IA. 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, IA. Passed, approved, and adopted this 18th day of March 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 12. Plat of Survey of Pechous Place, local- ly known as 410 and 414 Raymond Place: Upon motion the documents were received and filed, and Resolution No. 59-24 Approving the Simple Subdivision Plat of Pechous Place, Dubuque, IA. was adopted. RESOLUTION NO. 59-24 APPROVING THE SIMPLE SUBDIVISION PLAT OF PECHOUS PLACE, DUBUQUE, IA. Whereas, there has been filed with the City Clerk a Simple Subdivision Plat of Pechous Place, Dubuque, IA.; 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 DUBUQUE, IA.: 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 37 feet of frontage for Lot 1 on a public street or an approved private street. Section 2. That the Simple Subdivision Pechous Place, Dubuque, IA. is hereby ap- proved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, IA. upon said Plat of Survey. Passed, approved and adopted this 18th day of March 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 13. 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. 60-24 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. 60-24 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, IA. (City) and ITC Midwest, LLC (ITC Midwest) have tentatively entered into an Agreement for the operation 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 approve the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The attached 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 18th day of March 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 14. Grant Agreement with 917 Motorsport LLC for Rehabilitation of 243 W loth Street: Upon motion the documents were received and filed, and Resolution No. 61-24 Approving a Grant Agreement by and between the City of Dubuque, IA. and 917 Motorsport LLC for the Redevelopment of 243 W 10th Street was adopted. RESOLUTION NO. 61-24 APPROVING A GRANT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IA. AND 917 MOTORSPORT LLC FOR THE REDEVELOPMENT OF 243 W 10th STREET Page 157 of 1311 Book 154 Regular Session, March 18, 2024 71 Whereas, 917 Motorsport LLC is the owner of the property at 243 W 10th Street in the City of Dubuque, IA. (the "Development Property") legally described as: Lot 2 of HARTIG ADDITION, in the City of Dubuque, IA., according to the record- ed Plat thereof; and Whereas, 917 Motorsport LLC has applied to the City of Dubuque Economic Development Department (the "City") for a Fagade Grant and a Planning & Design Grant (the "Grants") for the rehabilitation of a building on the De- velopment Property (the "Project"); and Whereas, the Project is eligible for the Grants; and Whereas, City and 917 Motorsport LLC have tentatively entered into a Grant Agree- ment for the Development Property (the "Grant Agreement"), a copy of which is attached here- to; and Whereas, it is the determination of the City Council that approval of the Grant Agreement for redevelopment of the Development Proper- ty by 917 Motorsport 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, IA.: Section 1. That the Grant Agreement be- tween the City of Dubuque and 917 Motorsport LLC is hereby approved. Section 2. That the Mayor is hereby au- thorized and directed to execute the Grant Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is 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 18th day of March 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 15. Tobacco Compliance Settlement Agreements for Tobacco License Holders - Fuel Express Food Mart and EZ Stop 1: Upon motion the documents were received, filed, and approved. 16. Approval of Retail Alcohol Licenses and Retail Tobacco, Alternative Nicotine, and Vapor Product Permit Applications: Upon mo- tion the documents were received and filed, and Resolution No. 62-24 Approving applica- tions 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 and Resolution No. 63- 24 Approving applications for retail permits to sell Tobacco, Tobacco Products, Alternative Nicotine Products, and Vapor Products, as required by Iowa Code §453A.47A were adopted. RESOLUTION NO. 62-24 APPROVING APPLICATIONS FOR RETAIL ALCOHOL LICENSES, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANC- ES 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 re- quirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. 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 Port of Dubuque Marina, 2200 Bunker Hill Rd. Dubuque Marina and Yardarm, 1201 Shiras Ave. Extension Renewals Chopper's, 601 Rhomberg Ave. Classy And Chic Boutique, 1065 Jackson St. Ste. 200 Eagles Club, 1175 Century Dr. Grand River Center, 500 Bell St. Lina's Thai Bistro, 200, 2055 Holliday Dr. McAleece Park And Recreation Complex, 1801 Admiral Sheehy Dr. Noonan's Tap, 1618 Central Ave. Phoenix Theatres, 555 John F. Kennedy Rd. Ste. 105 Salsa's Mexican Restaurant, 1091 Main St. Sportsters Pub & Grub, 2600 Central Ave. The Vault Restaurant and Cocktail Lounge, 342 Main St. Change in Ownership Kwik Star 236, 2035 John F Kennedy Rd. Kwik Star 495, 2685 Dodge St. Tobacco Outlet Plus 504, 806 Wacker Dr. Passed, approved, and adopted this 18th day of March 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk Page 158 of 1311 Book 154 Regular Session, March 18, 2024 72 RESOLUTION NO. 63-24 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 nicotine products, vapor products, or a combi- nation 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 Reve- nue 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, IA. THAT: Section 1. The City Clerk is hereby author- ized and directed to cause to be issued the following named applicants and locations for retail permits to sell one or more of the follow- ing as specified on the retail permit applica- tions: tobacco, tobacco products, alternative nicotine products, and vapor products. Business Name, Business Address Pink Clouds Smoke Shop, 4835 Asbury Rd. River Bluff Collective, 168 East loth St. Passed, approved, and adopted this 18th day of March 2024. 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. Development Agreement by and be- tween the City of Dubuque, IA. and CBDC, LLC: Upon motion the documents were re- ceived and filed and Resolution No. 64-24 Fixing the date for a Public Hearing of the City Council of the City of Dubuque, IA. on the pro- posed Development Agreement by and be- tween the City of Dubuque, IA. and CBDC, LLC, including the proposed issuance of Urban Renewal Tax Increment Revenue Obligations to CBDC, LLC, 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 April 1, 2024 in the Historic Fed- eral Building. RESOLUTION NO. 64-24 FIXING THE DATE FOR A PUBLIC HEAR- ING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. ON THE PROPOSED DEVELOPMENT AGREEMENT BY AND BE- TWEEN THE CITY OF DUBUQUE, IA. AND CBDC, LLC, INCLUDING THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX IN- CREMENT REVENUE GRANT OBLIGA- TIONS TO CBDC, LLC, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, CBDC, LLC, as Developer, is or will be the owner of the following described real property: Lot 625, Lot 626, and Lot 627, in the City of Dubuque, IA., according to the record- ed deed instrument number 2023- 00001758 thereof; locally known as 781 Locust Street; and Lot 1 of Dubuque Art Plaza according to the plat recorded on the 1lth day of March 2024, Instrument No. 2024-00001914(the Property); and Whereas, Developer has determined that it requires a new childcare facility (the Facility) to maintain and expand its operations and em- ployment in the project area; and Whereas, City of Dubuque, IA. (City) and CBDC, LLC have entered into a Development Agreement, subject to the approval of the City Council, pursuant to which CBDC, LLC will construct on the Property certain Minimum Improvements described in the Development Agreement; and Whereas, the City Council has tentatively determined that it would be in the best inter- ests of City to approve the Development Agreement; and Whereas, the Development Agreement provides for the issuance by City of economic development grants to CBDC, LLC, referred to therein as Urban Renewal Tax Increment Revenue Grant Obligations, payable from the tax increment revenues collected in respect of the Improvements to be constructed by CBDC, LLC in accordance with the Development Agreement, for the purpose of carrying out the objectives of an Urban Renewal Plan as here- inafter described; and Whereas, before said obligations may be approved, Chapter 403 of the Code of Iowa requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meeting the City Council shall receive oral and/or written objections from any resident or property owner of said City to such proposed action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The City Clerk is hereby author- ized and directed to cause this Resolution and Page 159 of 1311 Book 154 Regular Session, March 18, 2024 73 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 1st day of April 2024 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 Greater Downtown Urban Renewal District, consisting of the funding of economic devel- opment grants to CBDC, 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 approx- imately $2,525,000. Section 3. The City Clerk is hereby di- rected to cause at least one publication to be made of a notice of said meeting, in a news- paper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four days nor more than twenty days before the date of said meeting on the approval 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 at- tached hereto. Passed, approved and adopted this 18th day of March, 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk BOARDS/COMMISSIONS Appointments were made to the following boards/commissions. 1. Housing Appeals and Mediation Board: One, 3-Year Term through January 1, 2027 (Vacant term of Lenhart). Applicant: Jeff Len - hart, 1085 Main St. Motion by Jones to appoint Mr. Lenhart to the three-year term through January 1, 2027. Seconded by Wethal. Motion carried 7-0. PUBLIC HEARINGS 1. Request to Rezone Property at 35 Lo- cust Street from C-3 General Commercial to C-4 Downtown Commercial: 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 Wernimont provided a staff report and re- sponded to questions from the City Council. Applicant Josh Jansen, 11368 Rock Grove Ct., described the planned fagade of the proposed building and parking availability. City Council Members expressed support for the rezoning. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 6-24 Amending Title 16 of the City of Dubuque Code of Ordi- nances, Unified Development Code, by reclas- sifying hereinafter described property from C-3 General Commercial to C-4 Downtown Com- mercial. Seconded by Sprank. Motion carried 7-0. ORDINANCE NO. 6-24 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLAS- SIFYING HEREINAFTER DESCRIBED PROPERTY FROM C-3 GENERAL COM- MERCIAL DISTRICT TO C-4 DOWNTOWN COMMERCIAL NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code, is hereby amended by reclassi- fying the hereinafter —described property from C-3 General Commercial District to C-4 Down- town Commercial District, to wit: Lot 2 of the Northerly 21 feet of the North '/2 of Lot 572, the South 21 feet of the North '/2 of Lot 572, the South '/2 of Lot 572, and the Northerly 40 feet of Lot 573; the Southerly 26 feet of Lot 573, Lot 574 "A", the Northerly '/2 of Lot 574, except the Westerly 36 feet 2 inches thereof, Lot 1 of 575, and Lot 2 of 2 of Lot 575; and the Westerly 36 feet 2 inches of the Nor- therly '/2 of Lot 574, all in the City of Dubuque, IA.. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, IA. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved and adopted this 18'h day of March, 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Request to Amend a Planned Unit De- velopment (PUD) to Allow Pet Daycare or Grooming as a Permitted Use: Motion by Roussell to receive and file the documents and that the requirement that a proposed ordi- nance be considered and voted on for pas- sage at two Council meetings prior to the meeting at which it is to be passed be Page 160 of 1311 Book 154 Regular Session, March 18, 2024 74 suspended. Seconded by Jones. Planning Services Director Wally Wernimont provided a staff report. Motion carried 7-0. Motion by Roussell for final consideration and passage of Ordinance No. 7-24 Amending Title 16 of the City of Dubuque Code of Ordi- nances Unified Development Code by Re- scinding Ordinance No. 82-04 Which Provides Regulations for the PUD Planned Unit Devel- opment District with a Planned Commercial Designation and now being amended to modi- fy the list of permitted uses to include Pet Day- care or Grooming. Seconded by Jones. Motion carried 7-0. ORDINANCE NO. 7-24 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES UNI- FIED DEVELOPMENT CODE BY RESCIND- ING ORDINANCE NO. 82-04 WHICH PRO- VIDES REGULATIONS FOR THE PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PLANNED COMMERCIAL DESIG- NATION AND NOW BEING AMENDED TO MODIFY THE LIST OF PERMITTED USES TO INCLUDE PET DAYCARE OR GROOM- ING NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code, is hereby amended by rescind- ing Ordinance 82-04 which provides regula- tions for a Planned Unit Development District with a Planned Commercial District designa- tion, and now being amended to modify the list of permitted uses to include pet daycare or grooming. As shown in Exhibit A, and to the center- line of the adjoining public right-of-way, all in the City of Dubuque, IA. Section 2. Pursuant to Iowa Code Section 414.5 (1993) and as an express condition of the reclassification, the undersigned property owner agrees to the following conditions, all of which the property owner further agrees are reasonable and imposed to satisfy the public needs that are caused directly by the zoning reclassification: A. Use Regulations: The following regula- tions shall apply to all land uses in the above -described PUD District. 1. Principal permitted uses of the lots designated for commercial develop- ment shall be limited to: • Residential Uses above the first floor only • General offices • Medical/office/clinic • Indoor restaurant • Drive-in/carry-out restaurant • Dental medical lab • Schools of private instruction • Barber/beauty shops • Retail sales/services • Laundry/dry cleaner • Shoe repair • Tailoring/alterations • Catalog center • Laundromat • Artist studio • Photographic studio • Neighborhood shopping center • Furniture/home furnishings • Appliance sales and service • Office supply • Vending/game machines sales and service • Mail order houses • Auto parts/supply • Vehicle rental • Upholstery shop • Contractor shop/yard • Wholesale sales/distributor • Mini warehousing • Refrigeration equipment and sup- ply, sales, and service • Landscaping services • Animal hospital/clinic • Personal services • Automated gas station • Gas station • Service station • Bakery (wholesale/commercial) • Drive -up automated bank teller • Self-service car wash • Full -service car wash • Furniture upholstery repair • Business services • Banks, savings, and loans, and credit unions • Indoor recreation facilities • Printing and publishing • Laboratories for research or engi- neering • Pet daycare or grooming • Group daycare center provided that: a. Forty (40) square feet of indoor floor area (excluding halls and bathrooms) is provided per child in areas occupied by cribs, thirty- five (35) square feet of indoor ar- ea (excluding halls and bath- rooms) is provided per child in ar- eas not occupied by cribs times the licensed capacity; and seven- ty- five (75) square feet of fenced outdoor recreation space is pro- vided per child using the space at a given time; Page 161 of 1311 Book 154 Regular Session, March 18, 2024 75 b. That parking requirements can mounted at a 72-degree angle to a be met; vertical light standard. c. Such facility shall supply loading 7. Final site development plans shall be and unloading of children so as submitted in accordance with section not to obstruct public streets or 4-4 of the Zoning Ordinance of the create traffic or safety hazards; City of Dubuque, IA. prior to construc- d. All licenses have been issued or tion of any buildings. have been applied for awaiting Screening shall be placed along the the outcome of the Boards' deci- boundary of the residential district sion; as per City standards. e. Signage for a single-family home 8. Outdoor storage must be screened shall be limited to one non - to a height that obscures the stored illuminated, wall -mounted sign, material from adjacent residential not to exceed four (4) square feet property, but in no case shall screen - in area; and ing be less than six (6) feet in height. f. No group daycare center may be D. Open Spaces and Landscaping: Open located within the same structure space and landscaping in the PUD Dis- as any gas station, bar/tavern, au- trict shall be regulated as follows: tomated gas station or facility sell- Those areas not designated on the ing, servicing, repairing or renting conceptual plan for development vehicles. shall be maintained as open space 2. Accessory uses shall include any use as defined by Section 8 of the Zon- customarily incidental and subordinate ing Ordinance by the property own - to the principle use it serves. ers and/ or association. Parking group — see Section 4- 2 of E. Sign Regulations: Signs in the PUD the Zoning Ordinance. District shall be regulated as follows: B. Lot and Bulk Regulations: Development Signage shall be regulated by the of land in the PUD District shall be regu- C-2 Neighborhood Shopping Center lated as follows: District sign regulations of Section All buildings and structures located 4-3.11 of the Zoning Ordinance. on lots designated for commercial F. Ordinance History development shall meet bulk regu- 1) Ordinance No. 86-02 established lations set forth in the Zoning Ordi- regulations for the Planned Unit nance for C-2 Neighborhood- Development. Shopping Center; Section- 3-3. 2(F) 2) Ordinance No. 82-04 amended C. Performance Standards: The develop- the Planned Unit Development ment and maintenance of uses in this regulations to add, with condi- PUD District shall be established in con- tions, drive-in/carry-out restau- formance with Section 3-5.5 of the Zon- rants to the list of permitted uses. ing Ordinance and the following stand- G. Transfer of Ownership: Transfer of ards: ownership or lease of property in this 1. Indoor restaurants and drive-in/carry- PUD District shall include in the transfer out restaurants are restricted to the or lease agreement a provision that the north 1.3 acres of the Planned Com- purchaser or lessee acknowledges mercial District. awareness of the conditions authorizing 2. Public streets within the Planned the establishment of the district. Unit Development District shall be H. Modifications: Any modifications of this designed and built to City Engineer- Ordinance must be approved by the City ing specifications. Council in accordance with zoning re- 3. Erosion control shall be provided classification proceedings of Article 9-5 of during all phases of construction. the Unified Development Code. 4. Parking requirements for allowed I. Recording: A copy of this ordinance shall uses in the PUD District shall be as be recorded at the expense of the prop - per the parking group for the desig- erty owner(s) with the Dubuque County nated use, in accordance with Sec- Recorder as a permanent record of the tion 4-2 of the Zoning Ordinance. conditions accepted as part of this re- 5. Storm water detention facilities will classification approval within thirty (30) be provided as per City Engineering days after the adoption of this ordinance. requirements. This ordinance shall be binding upon the 6. Adequate illumination shall be pro- undersigned and his/her heirs, succes- vided to areas used for vehicle and sors and assigns. pedestrian circulation. Light fixtures shall be of a cut-off design and be Page 162 of 1311 Book 154 Regular Session, March 18, 2024 76 Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, IA. Section 4. This Ordinance shall take effect upon publication, as provided by law. Passed, approved and adopted this 1811 day of March 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. State Revolving Fund (SRF) Loan - En- vironmental Review Bipartisan Infrastructure Law and State Revolving Fund (SRF) Private Lead Service Line Replacement Pilot Program and Presentation: Motion by Resnick to re- ceive and file the documents and adopt Reso- lution No. 65-24 State Revolving Fund (SRF) Loan - Environmental Review Private Lead Service Line Replacement Pilot Program - Approval of an Environmental Review as Pro- vided By SRF's Department of Natural Re- sources for the Private Lead Service Line Re- placement Pilot Program. Seconded by Far- ber. Water Department Director Christopher Lester made a presentation and responded to questions from the City Council. Responding to a question from the City Council, City Man- ager Van Milligen summarized the forgivable and unforgivable components of the loan. Mo- tion carried 7-0. RESOLUTION NO. 65-24 STATE REVOLVING FUND (SRF) LOAN - ENVIRONMENTAL REVIEW PRIVATE LEAD SERVICE LINE REPLACEMENT PILOT PROGRAM, APPROVAL OF AN ENVIRON- MENTAL REVIEW AS PROVIDED BY SRF'S DEPARTMENT OF NATURAL RESOURCES FOR THE PRIVATE LEAD SERVICE LINE REPLACEMENT PILOT PROGRAM Whereas, the City of Dubuque is pursuing an engineered solution to reduce the number of private lead service lines in the City of Dubuque through an Iowa, State Revolving Fund assisted pilot program; and Whereas, as part of the SRF loan process, the City is required to complete an environ- mental review through the public hearing pro- cess; and Whereas, public notification of the hearing was advertised on February 9, 2024, a minimum of 30 days prior to the public hearing per SRF IDNR requirements; and Whereas, a public hearing was held on the 18th day of March, 2024 at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor) 350 W. 61h Street, Dubuque, IA., at which time interested persons appeared and heard for or against the proposed environmen- tal review of said Project; and Whereas, a discussion was held on the environmental impacts of said project; and Whereas, a transcript of the public hearing and a summary of public comments will be available for public review. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The environmental review as provided by SRF's Department of Natural Re- sources for the Private Lead Service Line Re- placement Pilot Program, is hereby approved, and staff is directed to submit the required executed documentation to SRF, Iowa De- partment of Resources. Passed, adopted, and approved this 18th day of March 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk PUBLIC INPUT John Petco, 1983 University Ave., provided input about his challenges finding parking near his residence and requested the city consider granting assigned parking spots to residents with identified disabilities. ACTION ITEMS 1. Barry Lindahl Appointment to the Public Information Board, Iowa: Motion by Roussell to receive and file the documents. Seconded by Sprank. City Council Members congratulated Mr. Lindahl on the appointment. Motion carried 7-0. 2. Request for Ratification of Dubuque Po- lice Protective Association (DPPA) July 1, 2024, Collective Bargaining Agreement (CBA): Motion by Jones to receive and file the docu- ments and approve the City of Dubu- que/Dubuque Police Protective Association (DPPA) Collective Bargaining Agreement to become effective on July 1, 2024. Seconded by Farber. Chief Human Resources Officer Shelley Stickfort summarized the procedure for contract recertification. Motion carried 7-0. 3. Bryan Porter, a Seasonal Employee in the City of Dubuque Parks Division Video: Motion by Resnick to receive and file the doc- uments and view the video. Seconded by Sprank. Media Services staff showed a video featuring Bryan Porter, a seasonal employee in the City of Dubuque Parks Division. The video can be viewed at https://youtube/5etUK 6cArgo. Motion carried 7-0. COUNCIL MEMBER REPORTS Mayor Cavanagh reported on the City Council Members and City staff's recent trip to Washington, D.C. to advocate for city priori- ties. Mayor Cavanagh also reported on attend- ing a Mississippi River Cities and Towns Page 163 of 1311 77 Special Session, March 25, 2024 Book 154 Initiative event in Washington, D.C. Council Member Resnick also reported on the City Council's trip to Washington, D.C., and recognized Mayor Cavanagh for his part- nerships. Mr. Resnick and Mayor Cavanagh reiterat- ed Iowa open meetings statutes to explain why the City Council could not formally address comments given during public input. Council Member Farber reported on at- tending the National League of Cities Confer- ence in Washington, D.C. Council Member Roussell reported on at- tending the Iowa League of Cities Local Lead- ers Day. Council Member Sprank also reported on the City Council's trip to Washington, D.C. Council Member Jones reported on speak- ing to the current Leadership Iowa class. Council Member Wethal reported on the upcoming Dubuque Area Chamber of Com- merce's Dubuque Night and the upcoming Cracker Barrel with State Legislators. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 8:02 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 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 9:04 p.m. stating that staff had been given proper direction. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 9:04 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 5:15 p.m. on March 25, 2024, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 61h Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick, Roussell (at- tended virtually), Sprank, Wethal; City Manag- er 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 the rec- ommended Fiscal Year 2025 Budget Presen- tation. ACTION ITEMS 1. Recommended Fiscal Year 2025 Budget Presentation: Motion by Jones to receive and file the documents and listen to the presenta- tion. Seconded by Farber. City Manager Van Milligen presented the recommended Fiscal Year 2025 Budget. City Manager Van Milligen and City Attorney Brumwell responded to questions from the City Council following the presentation. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:25 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk Page 164 of 1311 78 Special Sessions, March 25 and 26, 2024 Book 154 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 25, 2024, 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 (at- tended virtually), Sprank, Wethal; City Manag- er 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 public hearing on the proposed Fiscal year 2025 Tax Rate and Dollars. Mayor Cavanagh stated that a vote was not called on the action item discussed during the 5:15 p.m. special session. City Attorney Brumwell stated that a vote could be forgone due to the minimal significance of the item. PUBLIC HEARINGS 1. Public Hearing for Proposed Fiscal Year 2025 Tax Rate and Dollars and Taxpayer Statements: Motion by Farber to receive and file the documents and approve the Proposed Fiscal Year 2025 Tax Rate and Dollars. Se- conded by Jones. City Manager Van Milligen made a presentation. Clark Schloz, 2925 Bur- lington St.; and Robin Kennicker, 2929 Elm St., provided input regarding the budget hear- ing process required by Iowa Code, including annual taxpayer statements and taxing op- tions. City Attorney Brumwell advised the City Council that discussion should only occur on property tax amounts, and that any discussion on department budgets should occur during that department's budget hearing. Mayor Cavanagh stated that the City Council dis- cussed the maximum property tax rate during the March 7, 2024, special session. Motion carried 7-0. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 7:29 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 26, 2024, 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 (at- tended virtually), Sprank, Wethal; City Manag- er Van Milligen. Mayor Cavanagh read the call and stated this is a special session of the City Council called for the purpose of adopting a resolution regarding the release of historic real estate filings and conducting public hearings on cer- tain Fiscal Year 2025 Department Budgets. CONSENT ITEMS Dubuque Racing Association — Request from Lender to clean-up items that remain listed in Abstract — Title Opinion: Motion by Sprank to receive and file the documents and adopt Resolution No. 66-24 Approving the release of Historic Real Estate Filings related to Dubuque Racing Association and Q Casino as they have either been exhausted, satisfied, amended, or superseded by subsequent doc- uments and make creating an abstract and title opinion related to financing improvements in- tended by Dubuque Racing Association on Chaplain Schmitt Island more cumbersome and difficult and consenting to the removal of such filing from the abstract. Seconded by Farber. Motion carried 7-0. RESOLUTION NO. 66-24 APPROVING THE RELEASE OF HISTORIC REAL ESTATE FILINGS RELATED TO DUBUQUE RACING ASSOCIATION AND Q CASINO AS THEY HAVE EITHER BEEN EXHAUSTED, SATISFIED, AMENDED, OR SUSPENDED BY SUBSEQUENT DOCU- MENTS AND MAKE CREATING AN AB- STRACT AND TITLE OPINION RELATED TO FINANCING IMPROVEMENTS INTENDED BY DUBUQUE RACING ASSOCIATION ON CHAPLAIN SCHMIDT ISLAND MORE CUM- BERSOME AND DIFFICULT AND CON- SENTING TO THE REMOVAL OF SUCH FIL- ING FROM THE ABSTRACT Whereas, the city of Dubuque has adopted a Chaplain Schmidt Island Master Plan (here- inafter "Master plan") and has periodically amended the Master Plan; and Page 165 of 1311 79 Special Session, March 26, 2024 Book 154 Whereas the Master Plan contemplates a number of improvements on Chaplain Schmitt Island; and Whereas, the city of Dubuque racing asso- ciation have partnered to initiate a number of the Master Plan identified redevelopment pro- jects on Chaplain Schmidt Island; and Whereas, as part of the redevelopment of Chaplain Schmidt Island in furtherance of the Master Plan, the City has consented to the financing of projects by Dubuque Racing As- sociation; and Whereas, the lender of Dubuque Racing Association, MidWestOne bank, has requested that several historic filings related to prior transactions with Q Casino, the Hilton Garden Inn, Houlihan's, and the Dubuque Racing As- sociation, described below, be removed from the abstract of title to the following described real property (the property): Lot 1 of Chaplain Schmitt Island in the city of Dubuque Iowa, according to the Plat recorded in instrument No. 2023- 7679, records of Dubuque County, Iowa as they have been exhausted, satisfied, amended, or suspended by subsequent agreements; and Whereas the City agrees to facilitate this clean-up in order to streamline redevelopment on Chaplain Schmitt Island and at Q casino. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IA AS FOLLOWS: 1. The city of Dubuque hereby consents to and deems released, exhausted, amended comma, or superseded the following docu- ments and consents to the removal of the doc- uments from the abstract of title from the Property; Document Title, Recorded as document, Date Recorded First Amendment to Assignment of Lease Agreement between Dubuque Rading Asso- ciation Ltd., as Lessee/borrower and City of Dubuque, Iowa, lessor and American Trust and Savings Bank, 2010-19183, November 23, 2010 Affidavit Regarding Amendment no. 3 to Lease Agreement between the city of Dubuque, Io- wa, as lessor and Dubuque Casino Hotel LLC as Lessee, 2005-15840, September 27, 2025 Assignment of Lease Agreement, 2014-6270, June 13, 2014 Assignment and Assumption Agreement, June 13, 2014 Memorandum of Lease Agreement between the city of Dubuque, Landlord, and Dubuque Casino Hotel, L.L.C., as tenant, 2005-12433, August 3, 2025 Landlord's Consent between the city of Dubu- que, Iowa, as Landlord, Dubuque Casino Hotel LLC, as Tenant, Dubuque Racing As- sociation, as Company, American Trust and Savings Bank as Lender, 2014-2672, June 13, 2014. 2. The Mayor is authorized and direct to execute the attached Release on behalf of the city of Dubuque. 3. The City Clerk is authorized and directed to execute and record the Release on behalf of the city of Dubuque Passed, approved and adopted this 26th day of March 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk PUBLIC HEARINGS Mayor Cavanagh summarized the public hearing process that previously occurred to set the maximum property tax rate for Fiscal Year 2025 (FY25). City Council Members discussed their options for holding certain improvement package requests for separate discussion. The City Council determined that at least four City Council Members must agree to hold an im- provement package request for separate dis- cussion. Mayor Cavanagh stated that he would request feedback from the City Council at the end of each budget hearing special session on any improvement packages to discuss. Final discussion on improvement package requests would occur during the final hearing to adopt the FY25 budget on April 11, 2024. City Coun- cil Members also determined that a City Coun- cil Member should propose how to offset the additional funding of any improvement pack- ages they would like to recommend. Fiscal Year 2025 City department budgets were presented by staff from the following de- partments: 1. City Attorney's Office Fiscal Year 2025 Budget Presentation: Crenna Brumwell, City Attorney. 2. City Clerk's Office Fiscal Year 2025 Budget Presentation: Adrienne Breitfelder, City Clerk. 3. Public Information Office Fiscal Year 2025 Budget Presentation: Randy Gehl, Public Information Officer and Nikki Rosemeyer, Ge- ographic Information Systems (GIS) Coordina- tor 4. Human Resources Fiscal Year 2025 Budget Presentation: Shelley Stickfort, Chief Human Resources Officer and Connie Palm, Benefits and Compensation Manager. 5. City Manager's Office Fiscal Year 2025 Budget Presentation: Cori Burbach, Assistant City Manager and Gina Bell, Director of Sus- tainability. Page 166 of 1311 Book 154 Special Session, March 27, 2024 80 6. City Council Fiscal Year 2024 Budget Presentation: City Manager Van Milligen. Staff responded to questions from the City Council following their respective presenta- tions. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 10:42 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 27, 2024, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 61h Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick, Roussell (at- tended virtually), Sprank, Wethal; City Manag- er 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 2025 Depart- ment Budgets. PUBLIC HEARINGS Fiscal Year 2025 City department budgets were presented by staff from the following de- partments: 1. Health Services Fiscal Year 2025 Budg- et Presentation: Mary Rose Corrigan, Public Health Director and Mark Murphy, Emergency Preparedness Planner/Environmental Sanitar- ian. 2. Carnegie -Stout Public Library Fiscal Year 2025 Budget Presentation: Nick Rossman, Library Director. 3. Dubuque Regional Airport Fiscal Year 2025 Budget Presentation: Todd Dalsing, Air- port Director. 4. Office of Shared Prosperity and Neigh- borhood Support Fiscal Year 2025 Budget Presentation: Anderson Sainci, Director of the Office of Shared Prosperity and Neighborhood Support; Braden Daniels, Data Analyst; and Temwa Phiri, Community Engagement Coor- dinator. 5. Office of Equity and Human Rights Fis- cal Year 2025 Budget Presentation: Ann Marie Jannette, Equity and Human Rights Specialist. 6. Finance and Budget Fiscal Year 2025 Budget Presentation: Jennifer Larson, Chief Financial Officer and Rose Hoerner, Utility Biling Supervisor. Staff responded to questions from the City Council following their respective presenta- tions. Page 167 of 1311 81 ADJOURNMENT Special Session, March 28, 2024 There being no further business, Mayor Cavanagh declared the meeting adjourned at 10:26 p.m. /s/Adrienne N. Breitfelder, CMC City Clerk Book 154 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 28, 2024, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen. 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 public hearings on certain Fiscal Year 2025 Depart- ment Budgets. PUBLIC HEARINGS Fiscal Year 2025 City department budgets were presented by staff from the following de- partments: 1. Housing & Community Development Fiscal Year 2025 Budget Presentation: Alexis Steger, Director Housing and Community De- velopment; Michael Belmont, Assistant Direc- tor of Housing and Community Development; Ben Pothoff, Deputy Code Official; Gina Hodg- son, Assisted Housing Supervisor; Mary Brid- get Corken Deutsch, Community Development Specialist; Maddy Haverland, Urban Develop- ment & Housing Rehabilitation Project Manag- er; and Nicole Lytle, Housing Grants Program Manager. Public input was provided by the following individuals: Lynn Sutton, 445 Nevada St.; Kar- la Shepherd, 2710 Potosi Dr.; Carla Anderson, 1131 Main St.; Shea Miloy, 1349 Locust St.; Gayle Weitz, 1630 Lori Ct; Jaime Izaguirre, 1394 Locust St.; Michael Link, 1190 McGregor Dr., Nino Erba, 180 W. 15th St.; and Evan Hudson, 741.5 W. 3rd St. Public input topics included options for tenants to submit landlord complaints, concerns about rent increases, and requests for more frequent inspections of rental units. 2. Purchase of Services Fiscal Year 2025 Budget Presentation: Mary Bridget Corken Deutsch, Community Development Specialist. 3. Public Works Fiscal Year 2025 Budget Presentation: Arielle Swift, Public Works Direc- tor and Ken Miller, Dubuque Metropolitan Area Page 168 of 1311 82 Regular Session, April 1, 2024 Book 154 Solid Waste Agency (DMASWA) Administra- tor. Public input was provided by Paul Shultz, 1040 Carmel Dr. regarding equitable fines and fees, expansion of the food scraps program, and representation on the DMASWA Board. Clark Schloz, 2925 Burlington St., provided input on developers' costs for public improve- ment projects. 4. Economic Development Fiscal Year 2025 Budget Presentation: Jill Connors, Eco- nomic Development Director and Bonnie Spurling, Arts & Cultural Affairs Manager. 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 10:12 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 1, 2024, 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 Attorney Brumwell. Mayor Cavanagh read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PROCLAMATION(S) 1. Sexual Assault Awareness Month (April 2024) was accepted by Mayor Cavanagh on behalf of the Riverview Center. 2. Community Development Week (April 1- 5, 2024) was accepted by Community Devel- opment Specialist Mary Bridget Corken Deutsch on behalf of the Housing & Communi- ty Development Department. 3. Junior Achievement Day (April 4, 2024) was accepted by Scott Ellerbach on behalf of Junior Achievement of the Heartland. 4. Saint 4 Life Foundation - Fighting Saints Alumni Celebration (April 5 - 6, 2024) was ac- cepted by Council Member Farber and Brooks Bertsch on behalf of the Saint 4 Life Founda- tion. 5. Dubuque YP Days of Caring (April 26, 2024) was accepted by Water Department Director Christopher Lester on behalf of the Dubuque YP Days of Caring Board. 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 March 18, 2024; Civil Service Commission of March 7, 2024; Equity and Human Rights Commission of February Page 169 of 1311 Book 154 Regular Session, April 1, 2024 83 13, 2024; Historic Preservation Commission of February 15, 2024; Housing Commission of April 25, 2023; Library Board of Trustees of March 23, 2023, April 27, 2023, May 25, 2023, June 22, 2023, July 27, 2023, August 23, 2023, August 24, 2023, September 28, 2023, October 19, 2023, October 26, 2023, and No- vember 16, 2023; Park and Recreation Com- mission of February 13, 2024; Zoning Advisory Commission Draft Minutes of March 6, 2024 and March 13, 2024; Proof of Publication for City Council Proceedings of March 4, 2024 and March 7, 2024. Upon motion the docu- ments were received and filed. 2. Notice of Claims and Suits: Deann Bergfeld 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: Deann Bergfeld for vehicle damage; Azariah Martin for vehicle damage; Kirtland Thayer for vehicle damage. Upon motion the documents were received, filed, and con- curred. 4. Approval of City Expenditures: Upon motion the documents were received and filed, and Resolution No. 67-24 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. 67-24 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 generally accepted internal control procedures and have been determined to have been req- uisitioned for a lawful municipal purpose; and Whereas, the Chief Financial Officer -City Treasurer has provided a list of Expenditures attached hereto, and by this reference made a part hereof, to be drawn to pay for goods and services provided for City purposes; and Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142-18 adopted May 7, 2018, authorized the Chief Financial Officer -City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. 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 Financial Officer are hereby authorized and directed to provide the statement of receipts and disbursements to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 1st day of April 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Arts & Cultural Affairs Advisory Com- mission Special Projects Grant Modification: Upon motion the documents were received, filed, and approved. 6. Resolution Approving the Acquisition of Real Estate Owned by Ace Construction - Dubuque, L.L.C. by Eminent Domain and Es- tablishing the Fair Market Value of the Real Estate: Upon motion the documents were re- ceived and filed, and Resolution No. 68-24 Approving the acquisition of real estate owned by Ace Construction -Dubuque, L.L.C. by emi- nent domain and establishing the fair market value of the real estate was adopted. RESOLUTION NO. 68-24 APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY ACE CONSTRUCTION- DUBUQUE, L.L.C. BY EMINENT DOMAIN AND ESTABLISHING THE FAIR MARKET VALUE OF THE REAL ESTATE Whereas, Ace Construction -Dubuque, L.L.C. (Ace), is the owner of the real estate legally described as follows: All that part of Lots 193, 194, 195 and 196 lying North and West of Railroad, subject to Railroad Right of Way, and all in "Map of Eagle Point or Ham's Addition to the City of Dubuque 1854" (commonly known as Ham's Addition) in the City of Dubuque, IA., according to the recorded plat thereof (the Property); and Page 170 of 1311 Book 154 Regular Session, April 1, 2024 84 Whereas, the Property is adjacent to prop- erty on which is located one of the City's five water wells which supply potable water to the entire City of Dubuque; and Whereas, the City must use the property to access the City's sanitary sewer system for maintenance to prevent sanitary sewer back- ups; and Whereas, the use of the Property as a construction storage site makes access to the well for testing and repairs very inconvenient, and in the event of the need to replace the well, virtually impossible; and Whereas, the use of the Property as a construction storage site makes access to the City's sanitary sewer system for maintenance and prevention work very inconvenient; and Whereas, it is essential for the City to have full access to the well for maintenance and/or replacement; and Whereas, it is essential for the City to have full access to the sanitary sewer for mainte- nance; and Whereas, the City Council finds that it is critical for the City to acquire the Property for such public purpose; and Whereas, Iowa law requires that the City must make a good faith effort to negotiate with Owner to purchase the Property before pro- ceeding with condemnation; and Whereas, City may not make an offer to purchase the Property which is less than the fair market value the City Council has estab- lished for the Property; and Whereas, City has caused an appraisal of the Property to be made and the appraised value of the Property is Nineteen Thousand Dollars ($19,000.00); and Whereas, the City Council now desires to establish a fair market value of the Property and to authorize acquisition of the Property by eminent domain is necessary. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The fair market value of the Property is hereby established to be Nineteen Thousand Dollars ($19,000.00). Section 2. The City Council hereby author- izes the acquisition of the Property by eminent domain if necessary. Section 3. The City Attorney is hereby au- thorized to take such action as is necessary to acquire the Property as provided by law includ- ing acquisition of the Property by eminent do- main. Passed, approved and adopted this 15t day of April 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7. Greater Dubuque Development Corpo- ration's Distinctively Dubuque Brochure: Upon motion the documents were received and filed. 8. Acceptance of a Grant of Public Utility Easement and Dedications of Right of Way across Dubuque Community School District Property as part of the Althauser Street Wa- termain and Sanitary Sewer Reconstruction Project: Upon motion the documents were received and filed, and Resolution No. 69-24 Accepting a Grant of Public Utility Easement and Dedications of Right of Way along Al- thauser Street and Eagle Street as part of the Althauser Street Watermain and Sanitary Sewer Reconstruction Project, in the City of Dubuque, IA. was adopted. RESOLUTION NO. 69-24 ACCEPTING A GRANT OF PUBLIC UTILITY EASEMENT AND DEDICATIONS OF RIGHT OF WAY ALONG ALTHAUSER STREET AND EAGLE STREET AS PART OF THE ALTHAUSER STREET WATERMAIN AND SANITARY SEWER RECONSTRUCTION PROJECT, IN THE CITY OF DUBUQUE, IA. Whereas, as part of the Althauser Street Watermain and Sanitary Sewer Reconstruction Project, certain rights of way and easement acquisitions are necessary for the future own- ership and maintenance of the existing and proposed public utilities along Althauser Street and Eagle Street; and Whereas, certain areas of existing public sidewalk and associated curb ramps in the project area are located within property owned by Dubuque Community School District along Althauser Street and Eagle Street and by City standards should be located within a public street right of way; and Whereas, the City of Dubuque (City) and the Dubuque Community School District (DCSD) have agreed that the right of way and easement acquisitions are necessary for the construction project, long-term maintenance of the public utilities, and to ensure that the public sidewalks are located within public street rights of way; and Whereas, per Resolution 2-24, the City ap- proved a Purchase Agreement, with DCSD for the right of way and easement acquisitions associated with the project; and Whereas, DCSD has executed a Grant of Public Utility Easement through, under and across Part of Lot 6 of Althauser's Subdivision of Lot 2 of Lot 1 and Part of Lot 1 of Lot 1 of Mineral Lot Number 474, Located in the Northeast Quarter of the Southeast Quarter of Section 13, Township 89 North, Range 2 East of the 5ht P.M., City of Dubuque, Dubuque County, IA.; and Whereas, there has been presented to the City Council of the City of Dubuque, IA., Page 171 of 1311 Book 154 Regular Session, April 1, 2024 85 Acquisition Plats dated February 15, 2024 prepared by MSA describing Parcel 1-F Being a Part of Lot 1 of Althauser's Subdivision and Part of the Alley Vacated in Book A2, Page 552 and Part of Lot 2 of the Subdivision of Mineral Lot Number 472 and Part of Lot 33 of Taylor and Cooley's Subdivision of a Part of Mineral Lot No. 472, in the City of Dubuque, IA. and describing Parcel 2-F Being a Part of Lots 1-9 of Althauser's Subdivision, in the City of Dubuque, IA.; and Whereas, said plats conform to the laws and statutes pertaining thereto; and Whereas, upon said plats appear Parcels 1-F and 2-F, which DCSD by said plat has dedicated to the public forever. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The City Council of the City of Dubuque, IA., hereby approves of, accepts and consents to the Grant of Public Utility Easement through, under and across Part of Lot 6 of Althauser's Subdivision of Lot 2 of Lot 1 and Part of Lot 1 of Lot 1 of Mineral Lot Number 474, Located in the Northeast Quarter of the Southeast Quarter of Section 13, Town- ship 89 North, Range 2 East of the 5th P.M., City of Dubuque, Dubuque County, IA. from DCSD, a copy of which is attached hereto. Section 2. That the plats dated February 15, 2024, prepared by MSA and describing Parcels 1-F and 2-F, relative to the real estate hereinabove described be and the same are hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plats and on behalf of the City of Dubuque, IA. Section 3. That the dedications of said Parcels 1-F and 2-F, of Right of Way for street and utility purposes, as appears on said Ac- quisition Plats, be and the same are hereby accepted. Section 4. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Section 5. That the City Clerk be and is hereby authorized and directed to file said easement and plats and certified copy of this resolution in the office of the Recorder, in and for Dubuque County, IA. Passed, approved and adopted this 1st of April 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 9. 2023 Maintenance Dredging Project: Acceptance of Public Improvement Construc- tion Contract - Project Number: 5546000001- 304-67990 Harbor Area Dredging: Upon mo- tion the documents were received and filed, and Resolution No. 70-24 Accepting the 2023 Maintenance Dredging Project and Authorizing Final Payment to the Contractor was adopted. RESOLUTION NO. 70-24 ACCEPTING THE 2023 MAINTENANCE DREDGING PROJECT AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the 2023 Maintenance Dredging Project, (the Project) has been completed by the Con- tractor, Newt Marine Service of Dubuque Iowa (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 $546,823.00; and Whereas, the Contractor has previously been paid $519,581.85, leaving a credit refund balance of $27,341.15; 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, IA.: Section 1. The recommendation of the City Engineer is approved, and the Project is here- by accepted. Section 2. The Finance Director is hereby directed to pay the Contractor for the balance of the retainage of $27,341.15 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 1st day of April 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 10. Acceptance of Quit Claim Deed from Iowa Department of Transportation Lot A, Lot 4, and Lot 5 of Weber Acres 2nd Addition: Up- on motion the documents were received and filed, and Resolution No. 71-24 Accepting Quit Claim Deed from State of Iowa, Iowa Depart- ment of Transportation for Lot A, Lot 4, and Lot 5 of Weber Acres 2nd Addition, Dubuque County, IA. was adopted. RESOLUTION NO. 71-24 ACCEPTING QUIT CLAIM DEED FROM STATE OF IOWA, IOWA DEPARTMENT OF TRANSPORTATION FOR LOT A, LOT 4, AND LOT 5 OF WEBER ACRES 2ND ADDI- TION, DUBUQUE COUNTY, IA. Whereas, the State of Iowa, Iowa Depart- ment of Transportation are the owners of the property legally described as: Lot A of Weber Acres 2"d Addition, Dubuque County, IA., according to the recorded plat thereof; and Page 172 of 1311 Book 154 Regular Session, April 1, 2024 86 Lot 4 of Weber Acres 2nd Addition, Dubu- que County, IA., according to the record- ed plat thereof; and Lot 5 of Weber Acres 2nd Addition, Dubu- que County, IA., according to the record- ed plat thereof; and Whereas, Lot A of Weber Acres 2nd Addi- tion was platted as public road right-of-way for the Westside Drive frontage road as shown on the final subdivision plat of Weber Acres 2nd Addition filed as instrument number 2023- 00011060 in the Office of the Dubuque County Recorder; and Whereas, Lot 4 of Weber Acres 2nd Addi- tion was identified as an excess remnant property and will retain a 60-foot ingress / egress easement for the private drive Westside Court as shown on the final subdivi- sion plat of Weber Acres 2nd Addition filed as instrument number 2023-00011060 in the Of- fice of the Dubuque County Recorder; and Whereas, Lot 5 of Weber Acres 2nd Addi- tion was identified as an excess remnant property as shown on the final subdivision plat of Weber Acres 2nd Addition filed as instrument number 2023-00011060 in the Office of the Dubuque County Recorder; and Whereas, the State of Iowa, Iowa Depart- ment of Transportation has executed the at- tached Quit Claim Deed conveying their inter- est in Lot A, Lot 4, and Lot 5 of Weber Acres 2nd Addition, Dubuque County, IA. as filed as instrument number 2024-00001594 in the Of- fice of the Dubuque County Recorder. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The City Council of the City of Dubuque, IA., hereby approves of, accepts, and consents to the Quit Claim Deed from State of Iowa, Iowa Department of Transporta- tion, copies of which are attached 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 with the Dubuque County Recorder. Passed, approved, and adopted this 1st day of April 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 11. Acceptance of Quit Claim Deed from Iowa Department of Transportation Lot B ISAAC Hanna 2,d Addition: Upon motion the documents were received and filed, and Reso- lution No. 72-24 Accepting Quit Claim Deed from State of Iowa, Iowa Department of Trans- portation for Lot B Isaac Hanna 211 Addition, Dubuque County, IA. was adopted. RESOLUTION NO. 72-24 ACCEPTING QUIT CLAIM DEED FROM STATE OF IOWA, IOWA DEPARTMENT OF TRANSPORTATION FOR LOT B ISAAC HANNA 2ND ADDITION, DUBUQUE COUN- TY, IA. Whereas, the State of Iowa, Iowa Depart- ment of Transportation are the owners of the property legally described as: Lot B ISAAC Hanna 2nd Addition, Dubu- que County, IA., according to the record- ed plat thereof; and Whereas, Lot B ISAAC Hanna 2nd Addition was platted as public road right-of-way for the segment of Old Highway Road, north of the US Highway 20 - Old Highway Road intersec- tion as shown on the final subdivision plat of ISAAC Hanna 2nd Addition filed as instrument number 2023-00011059 in the Office of the Dubuque County Recorder; and Whereas, the State of Iowa, Iowa Depart- ment of Transportation has executed the at- tached Quit Claim Deed conveying their inter- est in Lot B ISAAC Hanna 2nd Addition, Dubu- que County, IA. as filed as instrument number 2024-00001593 in the Office of the Dubuque County Recorder. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The City Council of the City of Dubuque, IA., hereby approves of, accepts, and consents to the Quit Claim Deed from State of Iowa, Iowa Department of Transporta- tion, copies of which are attached 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 with the Dubuque County Recorder. Passed, approved, and adopted this 1st day of April 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 12. Request to post Request for Proposal to update the Unified Development Code: Up- on motion the documents were received, filed, and approved. 13. Suspension of Iowa Talent Bank Pilot Program for City Boards and Commissions: Correspondence from Kimberly Baxter, Human Rights Advocacy Chief for the Iowa Depart- ment of Health and Human Services, regard- ing the suspension of the Iowa Talent Bank Pilot Program for City Boards and Commis- sions. Upon motion the documents were re- ceived and filed. 14. Signed Contract(s): J&R Supply, Inc. for the Ring & Lids - Metal Supply Project; Origin Design Co. for the Kerper Boulevard Lift Station Replacement; UPS Technologies for Odor Abatement Analysis. Upon motion the documents were received and filed. Page 173 of 1311 Book 154 Regular Session, April 1, 2024 87 15. 3000 Jackson Dubuque Brewing and Malting Project Update: Upon motion the doc- uments were received and filed. 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. Dubuque Racing Association Lease: Dubuque Racing Association Phase 2 Financ- ing, Amended Leasehold Mortgage: Upon mo- tion the documents were received and filed and Resolution No. 73-24 Intent to dispose of an interest in real property through an amendment to the existing lease agreement with the Dubuque Racing Association, LTD. and approving an amendment to the leasehold mortgage between the Dubuque Racing Asso- ciation, LTD and MidWestOne Bank was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on April 9, 2024 in the Historic Federal Building. RESOLUTION NO. 73-24 INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY THROUGH AN AMEND- MENT TO THE EXISTING LEASE AGREE- MENT WITH THE DUBUQUE RACING AS- SOCIATION, LTD. AND APPROVING AN AMENDMENT TO THE LEASEHOLD MORTGAGE BETWEEN THE DUBUQUE RACING ASSOCIATION, LTD AND MID- WESTONE BANK Whereas, the City of Dubuque, IA. (City) is the owner of the real property legally described as Lot 1 of Chaplain Schmitt Island in the City of Dubuque, IA., according to the Plat recorded as Instrument #2023-7679, records of Dubuque County, IA. (the Property); and Whereas, the Property is subject to a Lease Agreement between City and the Dubu- que Racing Association (DRA); and Whereas, the parties now desire to amend provision 12 of the Lease Agreement; and Whereas, the DRA is in progress with an $83 million construction project which requires financing with a lending institution; and Whereas, the City has previously consent- ed to the overall construction project and Phase 1 financing of the improvements through a Leasehold Mortgage between the DRA and MidWestOne Bank; and Whereas, the DRA seeks City consent to an amendment to its Leasehold Mortgage with MidWestOne Bank for Phase 2 of its financing of the improvements; and Whereas, the City Council believes it is in the best interests of the City to approve the Amendment to its Lease Agreement with the DRA and Whereas, THE City Council believes it is in the best interests of the City to consent to amended Leasehold Mortgage between the DRA and MidWestOne Bank for Phase 2 of the DRA's financing of the improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The City Council intends to dis- pose of City's interest in the foregoing - described real property pursuant to: • An Amendment to its Lease Agree- ment with the DRA, and • Consent to an amendment to the Leasehold Mortgage between the DRA and MidWestOne Bank for the financing of Phase 2 of the improve- ments by the DRA. 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 in- tent to dispose of the foregoing -described real property, to be held on the 9th day of April 2024, at 6:30 o'clock p.m. in the City Council Chambers at the Historic Federal Building, 350 W. 6tt' Street, Dubuque, IA. Passed, approved and adopted this 1st day of April 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 2. 2024 Maintenance Dredging Project No. 1: Initiate Public Improvement Bidding Pro- cess: Upon motion the documents were re- ceived and filed and Resolution No. 74-24 2024 Maintenance Dredging Project No. 1: 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 April 15, 2024 in the Historic Federal Building. RESOLUTION NO. 74-24 2024 MAINTENANCE DREDGING PROJECT NO. 1, 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 DUBUQUE, IA.: Section 1. The proposed plans, specifica- tions, form of contract and estimated cost for Page 174 of 1311 Book 154 Regular Session, April 1, 2024 88 the 2023 Maintenance Dredging Project in the estimated amount $317,500.00, 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 151h day of April, 2024, at 6:30 p.m. in the Historic Federal Building Council Chambers (and/or by virtual means) 350 W. 6th Street, Dubuque, IA., at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, IA., which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or esti- mated cost of the Project. Section 3. The 2024 Maintenance Dredg- ing Project No. 1 is hereby ordered to be ad- vertised for bids for construction. Section 4. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. Section 5. The City Engineer is hereby 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 contrac- tor plan room service with statewide circula- tion, 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 25th day of April 2024. 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 6th day of May 2024, in the Historic Federal Building Council Chambers (and/or by virtual means) 350 West 6th Street, Dubuque, IA. Passed, approved and adopted this 1st day of April 2024. 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. 1. Civil Service Commission: Mayor Cavanagh selected applicant Carla Heathcote, 2529 Stafford St., for appointment to the 4- Year term through April 6, 2028 (Expiring term of Heathcote). Vote on appointment will occur at the May 6, 2024, City Council Meeting. This commission is subject to the State of Iowa Gender Balance Law, §69.16A. 3 Commis- sioners total; currently 2 males /0 females. PUBLIC HEARINGS 1. Hold Public Hearing and approve the Revised Administrative Plan for the Housing Choice Voucher Program: Motion by Jones to receive and file the documents and adopt Resolution No. 75-24 Approving the revision of the Public Housing Authority (PHA) Adminis- trative Plan for the Housing Choice Voucher Program. Seconded by Sprank. Motion carried 7-0. RESOLUTION NO. 75-24 APPROVING THE REVISION OF THE PUB- LIC HOUSING AUTHORITY (PHA) ADMIN- ISTRATIVE PLAN FOR THE HOUSING CHOICE VOUCHER PROGRAM Whereas, the City of Dubuque is designat- ed 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 several public meetings to review each Chap- ter revisions of the plan from January 2024 through April 2024; and Whereas, on January 23, 2024, the Hous- ing Commission approved and recommended City Council adoption of the revised Adminis- trative Plan; and Whereas, the Resident Advisory Board convened on February 28, 2024, 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 DUBUQUE, IA.: 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 approved the revision to the Public Housing Authority Administrative Plan for the Housing Choice Voucher Program. Section 3. The Housing & Community De- velopment Director is hereby directed to Page 175 of 1311 Book 154 Regular Session, April 1, 2024 89 submit the revised Public Housing Authority Administrative plan to the U.S. Department of Housing and Urban Development as required. Passed, approved and adopted this 111 day of April 2024. Brad M Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 2. Submission of Annual Public Housing Agency (PHA) Plan — Federal Fiscal Year 2024 (PHA Fiscal Year 2025) Annual Plan: Motion by Roussell to receive and file the doc- uments and adopt Resolution No. 76-24 Au- thorizing 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 2024 Annual Plan. Seconded by Wethal. Mo- tion carried 7-0. RESOLUTION NO. 76-24 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 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 23, 2024; and Whereas, the Resident Advisory Board held a public meeting to review the Annual Plan on February 28, 2024; and Whereas, the City Council held a public hearing to receive comment on the proposed Public Housing Authority Fiscal Year 2024 Annual Plan on April 1, 2024. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1: That the Mayor is hereby au- thorized and directed to certify the PHA Fed- eral Fiscal Year 2024 Annual Plan's Con- sistency 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 151 day of April 2024. Brad M Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 3. Resolution Approving a Development Agreement by and between City of Dubuque and CBDC, LLC: Motion by Jones to receive and file the documents and adopt Resolution No. 77-24 Approving a Development Agree- ment by and between the City of Dubuque, IA. and CBDC, LLC, including the issuance of Urban Tax Increment Revenue Obligations. Seconded by Farber. City Council Members expressed enthusiasm for the agreement. Mo- tion carried 7-0. RESOLUTION NO. 77-24 APPROVING A DEVELOPMENT AGREE- MENT BY AND BETWEEN THE CITY OF DUBUQUE, IA. AND CBDC, LLC, INCLUD- ING THE ISSUANCE OF URBAN TAX IN- CREMENT REVENUE OBLIGATIONS Whereas, CBDC, LLC owns or will own the property legally described as follows: Lot 625, Lot 626, and Lot 627, in the City of Dubuque, IA., according to the record- ed deed instrument number 2023- 00001758 thereof; locally known as 781 Locust Street; and Lot 1 of Dubuque Art Plaza according to the plat recorded on the 11th day of March 2024, Instrument No. 2024-00001914 (the Property); and Whereas, the City Council, by Resolution No. 64-24, dated March 18, 2024, declared its intent to enter into a Development Agreement by and between the City of Dubuque, IA., and CBDC, 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 April 1, 2024, 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 CBDC, 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, IA.: Section 1. That the Development Agree- ment by and between the City of Dubuque, IA., and CBDC, LLC, a copy of which is attached hereto, including the issuance of Urban Re- newal Tax Increment Revenue Obligations, is hereby approved. Section 2. That the Mayor is hereby au- thorized and directed to execute the Develop- ment 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 Page 176 of 1311 90 Special Session, April 2, 2024 Book 154 comply with the terms of the Development Agreement as herein approved. Passed, approved and adopted this 1st day of April 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk ACTION ITEMS 1. Canadian Pacific Kansas City Limited Railroad Request to Close 15th Street Railroad Crossing: Motion by Jones to receive and file the documents and schedule a discussion by the City Council on closing the 15th Street rail- road crossing for the June 3, 2024, City Coun- cil Meeting. Seconded by Sprank. City Manag- er Van Milligen confirmed that the request be- fore the City Council was verifying if they would like city staff to conduct research on the potential closure, with information shared at the June 3rd meeting. City Council Members expressed support for additional information. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Farber reported on at- tending a NAMI Dubuque event. Council Member Resnick reported on the Jule Bus advertisements by McCullough Crea- tive. Council Member Wethal reported on at- tending a Travel Dubuque Outreach Commit- tee meeting. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 7:12 p.m. to discuss Pending Litigation and Purchase or Sale of Real Estate — Chap- ter 21.5(1)(c),Q) Code of Iowa. Seconded by Farber. Mayor Cavanagh stated for the record that the attorney who will consult with City Council on the issues to be discussed in the closed session is City Attorney Brumwell. Mo- tion carried 7-0. The City Council reconvened in open ses- sion at 7:47 p.m. stating that staff had been given proper direction. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 7:47 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 April 2, 2024, 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 2025 Depart- ment Budgets. PUBLIC HEARINGS Fiscal Year 2025 City department budgets were presented by staff from the following de- partments: 1. Leisure Services Director Marie Ware made introductory remarks on behalf of the Leisure Services Department. a. Parks Fiscal Year 2025 Budget Presen- tation: Steve Fehsal, Park Division Man- ager. Jim Meader, 2283 White St., pro- vided input on the city's Pet Park and suggested an additional pet park. b. Recreation Fiscal Year 2025 Budget Presentation: Dan Kroger, Recreation Di- vision Manager. c. Office of Community Impact Fiscal Year 2025 Budget Presentation: Heather Sat- terly, Community Impact Director. d. Multicultural Family Center (MFC) Fiscal Year 2025 Budget Presentation: Antonio Mouzon, Multicultural Family Center Di- rector. e. MFC Board Member Marlene Woller, 13322 Sherrill Rd., provided input on Mr. Mouzon's leadership at the MFC. 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 10:07 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk Page 177 of 1311 91 Special Session, April 4, 2024 Book 154 CITY OF DUBUQUE IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 6:30 p.m. on April 4, 2024, 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. Mayor Cavanagh read the call and stated this is a special session of the City Council called for the purpose of setting a public hear- ing on the Fiscal Year 2025 City Budget con- ducting public hearings on certain Fiscal Year 2025 Department Budgets. ITEMS SET FOR PUBLIC HEARING Set Public Hearing on FY 2025 City Budg- et: Motion by Jones to receive and file the documents, adopt Resolution No. 78-24 Set- ting the Date for the Public Hearing on the Fiscal Year 2025 Budget; and Resolution No. 79-24 Setting the Date for the Public Hearing on the Five -Year Capital Improvement Pro- gram for Fiscal Years 2025 Through 2029 for the City of Dubuque for the City of Dubuque, and set the public hearings for April 15, 2024 for a meeting to commence at 6:30 p.m. in the Historic Federal Building. Seconded by Farber. Motion carried 7-0. RESOLUTION NO. 78-24 SETTING THE DATE FOR THE PUBLIC HEARING ON THE FISCAL YEAR 2025 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 2025 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 DUBUQUE, IA.: Section 1. That the City Council shall con- duct a public hearing on the proposed Fiscal Year 2025 budget for the City of Dubuque in the City Council Chambers and virtually on Monday, April 15, 2024, beginning at 6:30 p.m. Passed, approved and adopted this 4th day of April 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 79-24 SETTING THE DATE FOR THE PUBLIC HEARING ON THE FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 2025 THROUGH 2O29 FOR THE CITY OF DUBUQUE Whereas, a proposed Five -Year Capital Improvement Program for the City of Dubuque for Fiscal Years 2025 through 2029 has been prepared and submitted to the City Council; and Whereas, the capital projects for the first year of the program are included in the Fiscal Year 2025 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 2025 budget for the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the City Council shall con- duct a public hearing on the five-year Capital Improvement Program for Fiscal Years 2025 through 2029 in the City Council Chambers and virtually on Monday, April 15, 2024, be- ginning at 6:30 p.m. Passed, approved and adopted this 4th day of April 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk PUBLIC HEARINGS Fiscal Year 2025 City department budgets were presented by staff from the following de- partments: 1. Emergency Management Fiscal Year 2025 Budget Presentation: Tom Berger, Emergency Management Director. 2. Emergency Communications Fiscal Year 2025 Budget Presentation: Jessica George- Rethwisch, Emergency Communications Di- rector. 3. Police Fiscal Year 2025 Budget Presen- tation: Jeremy Jensen, Police Chief and Joe Messerich, Assistant Police Chief. 4. Fire Fiscal Year 2025 Budget Presenta- tion: Amy Scheller, Fire Chief and Josh Knep- per, Assistant Fire Chief. 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 9:51 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk Page 178 of 1311 92 Special Sessions, April 8 and 9, 2024 Book 154 CITY OF DUBUQUE IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 6:30 p.m. on April 8, 2024, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6m 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 such business that may properly come before the City Council. ACTION ITEMS 1. Reschedule Work Session: Motion by Roussell to receive and file the documents and reschedule the City Prevention and Response to an Active Aggressor Situation Work Session from April 15, 2024, at 5:15 p.m. to June 3, 2024, at 5:15 p.m. Seconded by Jones. Motion carried 7-0. PUBLIC HEARINGS Fiscal Year 2025 City department budgets were presented by staff from the following de- partments: 1. Information Technology Fiscal Year 2025 Budget Presentation: Chris Kohlmann, Chief Information Officer. 2. Water Fiscal Year 2025 Budget Presen- tation: Christopher Lester, Water Department Director. 3. Water & Resource Recovery Center Fis- cal Year 2025 Budget Presentation: Deron Muehring, Water & Resource Recovery Center Director. 4. Planning Fiscal Year 2025 Budget Presentation: Wally Wernimont, Planning Ser- vices Director. Staff responded to questions from the City Council following their respective presenta- tions. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 9:33 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 6:30 p.m. on April 9, 2024, 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 such business that may properly come before the City Council. CONSENT ITEMS 1. Dubuque Racing Association — Financ- ing Documents: Motion by Jones to receive and file the documents involved in the Dubu- que Racing Association's (DRA) financing of the improvement projects planned for Chaplain Schmitt Island. Seconded by Sprank. Motion carried 7-0. PUBLIC HEARINGS 1. Dubuque Racing Association Lease: Dubuque Racing Association Phase 2 Financ- ing, Amended Leasehold Mortgage: Motion by Jones to receive and file the documents and adopt Resolution No. 80-24 Disposing of an interest in real property through an amend- ment to the existing lease agreement with Dubuque Racing Association, LTD. and ap- proving an amendment to the leasehold mort- gage between Dubuque Racing Association, LTD and MidWestOne Bank. Seconded by Wethal. City Attorney Crenna Brumwell pro- vided a brief overview of the project. Alex Dix- on, President and CEO of the Dubuque Racing Association, also spoke about the project. Re- sponding to a question from Council Member Farber about recusal from the vote, City Attor- ney Brumwell advised that Ms. Farber may vote if there was no personal financial gain from the project, but Ms. Farber must decide whether to vote. Ms. Farber announced that she would recuse herself from the vote. Motion carried 6-0 with Farber abstained. RESOLUTION NO. 80-24 DISPOSING OF AN INTEREST IN REAL PROPERTY THROUGH AN AMENDMENT TO THE EXISTING LEASE AGREEMENT WITH DUBUQUE RACING ASSOCIATION, Page 179 of 1311 Book 154 Special Session, April 9, 2024 93 LTD. AND APPROVING AN AMENDMENT TO THE LEASEHOLD MORTGAGE BE- TWEEN DUBUQUE RACING ASSOCIATION, LTD AND MIDWESTONE BANK Whereas, the City Council, by Resolution No. 73-24, dated April 1, 2024, declared its intent to dispose of a City interest in real prop- erty legally described as: Lot 1 of Chaplain Schmitt Island in the City of Dubuque, IA., according to the Plat recorded as Instrument #2023- 7679, records of Dubuque County, IA. (the Property); and Whereas, pursuant to published notice, a public hearing was held on the proposed dis- position on April 9, 2024, at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, IA.; and Whereas, it is the determination of the City Council that approval of the amendment to Section 12 of its Lease Agreement with Dubu- que Racing Association, Ltd. (DRA) is in the public interest of the City of Dubuque; and Whereas, it is the determination of the City Council that consent to an amendment to the Leasehold Mortgage between the DRA and MidWestOne Bank for financing of the DRA's financing of Phase 2 improvements is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The City Council disposes of City's interest in the foregoing -described real property pursuant to: • An Amendment to its Lease Agree- ment with the DRA and • Consent to an amendment to the Leasehold Mortgage between the DRA and MidWestOne Bank for the financing of Phase 2 of the improve- ments by the DRA. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute both the Amendment to the City's Lease Agreement with the DRA and the consent to the Amendment to the Leasehold Mortgage between the DRA and MidWestOne Bank. Section 3. The City Clerk is hereby author- ized and directed to cause said Amendment to the Lease Agreement and the consent to the amendment of the Leasehold Mortgage to be delivered to the City Attorney's Office, together with a certified copy of the Resolution. Passed, approved and adopted this 9th day of April 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk Fiscal Year 2025 City department budgets were presented by staff from the following de- partments: 2. Five Flags Center Fiscal Year 2025 Budget Presentation: Leisure Services Director Marie Ware. 3. Grand River Center Fiscal Year 2025 Budget Presentation: Leisure Services Director Marie Ware. 4. ImOn Ice Arena Fiscal Year 2025 Budg- et Presentation: Leisure Services Director Ma- rie Ware. 5. Transportation Services Fiscal Year 2025 Budget Presentation: Transportation Services Director Ryan Knuckey. Public input was provided by Greg Orwoll, Executive Director for DuRide Inc., who spoke regarding services that DuRide offers the community and the services provided by the city. 6. Engineering Fiscal Year 2025 Budget Presentation: City Engineer Gus Psihoyos, Civil Engineer II Maxwell O'Brien, Traffic Engi- neer Justine Hull, and Project Manager Steve Sampson Brown. Staff responded to questions from the City Council following their respective presenta- tions. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 10:18 p.m. to discuss Purchase or Sale of Real Estate — Chapter 21.5(1),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 Attor- ney Brumwell. Motion carried 7-0. The City Council reconvened in open ses- sion at 11:36 p.m. stating that staff had been given proper direction. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 11:37 p.m. /s/Trish Gleason, Assistant City Clerk Page 180 of 1311 94 Regular Session, April 15, 2024 Book 154 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 15, 2024, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6` Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick (participated vir- tually; arrived at 6:49 p.m.), 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 business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PRESENTATION(S) 1. Permanent Part -Time Team Member of the Year Recognition: Recreation Division Manager Dan Kroger introduced Iowa Parks and Recreation Association Representative Geoff Hubbard. Mr. Hubbard virtually recog- nized Susan Stopplemoor, a part-time em- ployee in the City of Dubuque Leisure Services Department, for receiving the Iowa Parks and Recreation Association's Permanent Part -Time Team Member of the Year Award. PROCLAMATION(S) 1. Arbor Day (April 26, 2024) was accepted by Steve Pregler on behalf of Dubuque Trees Forever. CONSENT ITEMS Mayor Cavanagh requested Item No. 11 be held for separate discussion. Council Member Roussell requested Item No. 13 be held for separate discussion and announced she would abstain from voting on the item due to her board service with Dubuque Trees Forever. Motion by Farber to receive and file the docu- ments and adopt the resolutions except for Item Nos. 11 and 13. Point of Order by Cavanagh that the suggested disposition for some consent items includes to dispose of as indicated. Motion amended by Farber to in- clude dispose of as indicated. Seconded by Sprank. Motion carried 6-0 with Resnick ab- sent. 1. Minutes and Reports Submitted: Airport Commission of February 27, 2024; City Coun- cil Proceedings of March 25, 26, 27, 28 and April 1, 2, and 4 2024; Community Develop- ment Advisory Commission of January 17, 2024; Equity and Human Rights Commission of March 12, 2024; Resilient Community Advi- sory Commission of January 11, 2024; Zoning Advisory Commission Draft Minutes of April 3, 2024. Upon motion the documents were re- ceived and filed. 2. Notice of Claims and Suits: Cummer Masonry Inc. for vehicle damage; Progressive Northern Insurance Company A/S/O John Klauer for vehicle damage; Cassidy Loffa 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: Cummer Masonry for vehicle damage. Upon motion the documents were received, filed, and concurred. 4. Approval of City Expenditures: Upon motion the documents were received and filed, and Resolution No. 81-24 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. 81-24 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 generally accepted internal control procedures and have been determined to have been req- uisitioned for a lawful municipal purpose; and Whereas, the Chief Financial Officer -City Treasurer has provided a list of Expenditures attached hereto, and by this reference made a part hereof, to be drawn to pay for goods and services provided for City purposes; and Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142-18 adopted May 7, 2018, authorized the Chief Page 181 of 1311 Book 154 Regular Session, April 15, 2024 95 Financial Officer -City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. 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 Financial Officer are hereby authorized and directed to provide the statement of receipts and disbursements to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 15th day of April 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Letter of Support for Canadian and Iowa Northern Railway Integration: City Manager provided a copy of a letter of support on behalf of the City of Dubuque in support of the Cana- dian and Iowa Northern Railway Integration. Upon motion the documents were received, filed, and approved. 6. Pledge Agreement for an Iowa Partners for Conservation Grant: Upon motion the doc- uments were received and filed, and Resolu- tion No. 82-24 Pledging Support and up to $25,000 In -Kind local matching funds for the Dubuque Soil & Water Conservation District's Application for a $825,000 U.S. Department of Agriculture Natural Resource Conservation Service Iowa Partners for Conservation Grant was adopted. RESOLUTION NO. 82-24 PLEDGING SUPPORT AND UP TO $25,000 IN -KIND LOCAL MATCHING FUNDS FOR THE DUBUQUE SOIL AND WATER CON- SERVATION DISTRICT'S APPLICATION FOR A $825,000 U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCE CONSERVATION SERVICE IOWA PART- NERS FOR CONSERVATION GRANT Whereas, the City of Dubuque is party to the Agreement creating the Dubuque Soil and Water Conservation District (DSWCD); and Whereas, the City Council adopted Resolution 102-12 authorizing an agreement with the DSWCD to create the Catfish Creek Water- shed Management Authority; and Whereas, the DSWCD is submitting an ap- plication for US Department of Agriculture (USDA) Natural Resource Conservation Ser- vice (NRCS) Iowa Partners for Conservation (IPC) grant in the amount of $825,000; and Whereas, the scope of the grant -funded project includes watershed based nutrient re- duction efforts that would benefit the Catfish Creek watershed; and Whereas, the DSWCD has identified the City of Dubuque as a project partner and the City of Dubuque will benefit from the project partnership. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. Pledges an in -kind local match contribution of $5,000 per year for a total of $25,000, if in fact, the DSWCD is awarded the USDA NRCS IPC grant. Section 2. Authorizes the Mayor to sign a pledge agreement in support of the DSWCD grant application. Passed, adopted, and approved this 15th day of April 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 7. City Clerk's Office Promotion of Civic Engagement at the Multicultural Family Cen- ter's Teen Career Fair: Upon motion the doc- uments were received and filed. 8. Recommended Sculptures for 2024-25 Art on the River Rotating Public Art Exhibition: Upon motion the documents were received, filed, and approved. 9. alltogetherdubuque.com Website Pro- duced Through the Iowa Department of Cul- tural Affairs' Iowa Arts & Culture Marketing Grant: Upon motion the documents were re- ceived and filed. 10. Updated Version of Creating Housing Opportunities Brochure: Upon motion the doc- uments were received and filed. 11. 3000 Jackson Dubuque Brewing and Malting Building Update: Motion by Sprank to receive and file the documents. Seconded by Wethal. Assistant Housing & Community De- velopment Director Micheal Belmont provided the current demolition schedule. City Council Members emphasized the need for the demoli- tion to occur on schedule. Motion carried 6-0 with Council Member Resnick absent. 12. Bloomberg Youth Climate Action Grant Award: Upon motion the documents were re- ceived, filed, and approved. Page 182 of 1311 Book 154 Regular Session, April 15, 2024 96 13. Sustainable Dubuque Grant Recom- mendation: Motion by Jones to receive and file the documents and adopt Resolution No. 83- 24 Awarding Sustainable Dubuque Grant to the Boys and Girl Club of Greater Dubuque; Resolution No. 84-24 Awarding Sustainable Dubuque Grant to Jessica Paisley; Resolution No. 85-24 Awarding Sustainable Dubuque Grant to Mississippi River Revival, DBQ, Inc.; Resolution No. 86-24 Awarding Sustainable Dubuque Grant to the Oak View Group; Reso- lution No. 87-24 Awarding Sustainable Dubu- que Grant to Re Evolution Farms; Resolution No. 88-24 Awarding Sustainable Dubuque Grant to St. Marks Youth Enrichment; and Resolution No. 89-24 Awarding Sustainable Dubuque Grant to Dubuque Trees Forever. Seconded by Farber. Council Member Resnick virtually joined the meeting during the vote. Motion carried 6-0 with Roussell abstained. RESOLUTION NO. 83-24 AWARDING SUSTAINABLE DUBUQUE GRANT TO THE BOYS AND GIRL CLUB OF GREATER DUBUQUE 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) Invento- ry, the first step in developing a Climate Action 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 reduction targets to improve and maintain healthy air quality; and Whereas, a 2014 update to the GHG in- ventory revealed that the community had re- duced 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- sav- ing 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 Environment: Preserving and Enhancing Natu- ral 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 Equitable"; 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 community'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 recipient shall create a sustainable garden; 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, IA.: Section 1. The City Council hereby awards a Sustainable Dubuque Grant to the Boys and Girl Club of Greater Dubuque. Section 2. The City Manager or his design- ee shall enter into a grant agreement with the Boys and Girl Club of Greater Dubuque 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 April 2024. Brad Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk RESOLUTION NO. 84-24 AWARDING SUSTAINABLE DUBUQUE GRANT TO JESSICA PAISLEY Whereas, the City Council adopts goals on an annual basis; and Whereas, sustainability first appeared as a City Council goal in 2006; and Page 183 of 1311 Book 154 Regular Session, April 15, 2024 97 Whereas, in 2010 the City Council adopted the Dubuque Greenhouse Gas (GHG) Invento- ry, the first step in developing a Climate Action 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 reduction targets to improve and maintain healthy air quality; and Whereas, a 2014 update to the GHG in- ventory revealed that the community had re- duced 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- sav- ing 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 Equitable"; 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 community'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 recipient shall host a sustainable fashion show; 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, IA.: Section 1. The City Council hereby awards a Sustainable Dubuque Grant to Jessica Pais- ley. Section 2. The City Manager or his design- ee shall enter into a grant agreement with Jes- sica Paisley and shall ensure compliance with the grant agreement pursuant to Iowa Code and the grant award requirements. Passed, approved and adopted this 15th day of April 2024. Brad Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk RESOLUTION NO. 85-24 AWARDING SUSTAINABLE DUBUQUE GRANT TO MISSISSIPPI RIVER REVIVAL, DBQ, 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) Invento- ry, the first step in developing a Climate Action 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 reduction targets to improve and maintain healthy air quality; and Whereas, a 2014 update to the GHG in- ventory revealed that the community had re- duced 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 Page 184 of 1311 Book 154 Regular Session, April 15, 2024 98 about potential emission and cost- sav- ing 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 Environment: Preserving and Enhancing Natu- ral 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 Equitable"; 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 community'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 recipient shall host and market a mid -week market featuring local products; 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, IA.: Section 1. The City Council hereby awards a Sustainable Dubuque Grant to Mississippi River Revival, DBQ, INC. Section 2. The City Manager or his design- ee shall enter into a grant agreement with Mis- sissippi River Revival, DBQ, INC. and shall ensure compliance with the grant agreement pursuant to Iowa Code and the grant award requirements. Passed, approved and adopted this 15th day of April 2024. Brad Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk RESOLUTION NO. 86-24 AWARDING SUSTAINABLE DUBUQUE GRANT TO THE OAK VIEW GROUP 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) Invento- ry, the first step in developing a Climate Action 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 reduction targets to improve and maintain healthy air quality; and Whereas, a 2014 update to the GHG in- ventory revealed that the community had re- duced 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- sav- ing options, • Showcasing success stories, • Providing a roadmap that can be added to or adjusted, and exposing from where Dubuque's GHG emissions real- ly 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 Equitable"; 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, Page 185 of 1311 Book 154 Regular Session, April 15, 2024 99 partnerships, and the creation of housing, which is livable, affordable, and sustainable; and Whereas, the Sustainable Dubuque Grant program meets the needs of the Dubuque community'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 recipient shall create a microgreens growing system and provide lo- cally grown food for events; 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, IA.: Section 1. The City Council hereby awards a Sustainable Dubuque Grant to the Oak View Group. Section 2. The City Manager or his design- ee shall enter into a grant agreement with the Oak View Group and shall ensure compliance with the grant agreement pursuant to Iowa Code and the grant award requirements. Passed, approved and adopted this 151h day of April 2024. Brad Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk RESOLUTION NO. 87-24 AWARDING SUSTAINABLE DUBUQUE GRANT TO REEVOLUTION FARMS 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) Invento- ry, the first step in developing a Climate Action 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 reduction targets to improve and maintain healthy air quality; and Whereas, a 2014 update to the GHG in- ventory revealed that the community had re- duced 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- sav- ing 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 Equitable"; 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 community'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 recipient shall use sus- tainable weed management and make prairie enhancements; 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, IA.: Section 1. The City Council hereby awards a Sustainable Dubuque Grant to Reevolution Farms. Section 2. The City Manager or his design- ee shall enter into a grant agreement with Reevolution Farms and shall ensure compli- ance with the grant agreement pursuant to Page 186 of 1311 Book 154 Regular Session, April 15, 2024 100 Iowa Code and the grant award requirements. Passed, approved and adopted this 15th day of April 2024. Brad Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk RESOLUTION NO. 88-24 AWARDING SUSTAINABLE DUBUQUE GRANT TO ST. MARKS YOUTH ENRICH- MENT 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) Invento- ry, the first step in developing a Climate Action 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 reduction targets to improve and maintain healthy air quality; and Whereas, a 2014 update to the GHG in- ventory revealed that the community had re- duced 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- sav- ing 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 Equitable"; 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 community'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 recipient shall provide apples for students; 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, IA.: Section 1. The City Council hereby awards a Sustainable Dubuque Grant to St. Marks Youth Enrichment. Section 2. The City Manager or his design- ee shall enter into a grant agreement with St. Marks 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 15th day of April 2024. Brad Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk RESOLUTION NO. 89-24 AWARDING SUSTAINABLE DUBUQUE GRANT TO DUBUQUE TREES FOREVER Whereas, the City Council adopts goals on an annual basis; and WHEREAS, sustainabil- ity first appeared as a City Council goal in 2006; and Whereas, in 2010 the City Council adopted the Dubuque Greenhouse Gas (GHG) Invento- ry, the first step in developing a Climate Action 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 reduction targets to improve and maintain healthy air quality; and Whereas, a 2014 update to the GHG in- ventory revealed that the community had re- duced their GHG emissions 11% since 2003, and Page 187 of 1311 Book 154 Regular Session, April 15, 2024 101 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- sav- ing 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 Equitable"; 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 community'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 recipient shall create a community orchard in a food desert; 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, IA.: Section 1. The City Council hereby awards a Sustainable Dubuque Grant to Dubuque Trees Forever. Section 2. The City Manager or his design- ee shall enter into a grant agreement with Dubuque Trees Forever and shall ensure compliance with the grant agreement pursuant to Iowa Code and the grant award require- ments. Passed, approved and adopted this 15th day of April 2024. Brad Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 14. Cities Forward Initiative Charter of Co- operation with Hermosillo, Mexico: Upon mo- tion the documents were received, filed, and approved. 15. Approve Jeffris Foundation Grant Ap- plication Submission and Authorize City Man- ager to Execute Grant Agreement and Con- tract for a Historic Structure Report for Eagle Point Park: Upon motion the documents were received and filed, and Resolution No. 90-24 Authorizing the City Manager to execute an application for Jeffris Foundation Jeffris Heart- land Fund Grant and authorizing the Leisure Services Director and the City Manager to approve the application was adopted. RESOLUTION NO. 90-24 AUTHORIZING THE CITY MANAGER TO EXECUTE AN APPLICATION FOR JEF- FRIES FOUNDATION JEFFRIS HEARTLAND FUND GRANT AND AUTHORIZING THE LEISURE SERVICES DIRECTOR AND THE CITY MANAGER TO APPROVE THE APPLI- CATION Whereas, the City of Dubuque wishes to find matching funds for already budgeted funds to complete a historic structures report for Eagle Point Park; and Whereas, the City of Dubuque proposes to apply for funding through the Jeffries Founda- tion. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA., THAT: Section 1. That the City Manager hereby is authorized and directed to submit an applica- tion for the Eagle Point Park Historic Struc- tures Assessment on behalf of the City of Dubuque. Section 2. That the Leisure Services Direc- tor and the City Manager are hereby author- ized to approve the application that is submit- ted to Jeffries Foundation. 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 agencies in a timely fashion and as required by the Jeffries. Page 188 of 1311 Book 154 Regular Session, April 15, 2024 102 Passed, approved and adopted this 15th day of April 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 16. Fleet Fueling System Design of Re- placement — Request to Release Request for Proposals: Upon motion the documents were received, filed, and approved. 17. Fleet Maintenance Operations As- sessment — Request to Release Request for Proposals: Upon motion the documents were received, filed, and approved. 18. Disaster Debris Removal Services: Upon motion the documents were received, filed, and approved. 19. Iowa Land Recycling Program Envi- ronmental Covenant: Upon motion the docu- ments were received and filed, and Resolution No. 91-24 Approving an Iowa Land Recycling Program Environmental Covenant on property in the North Port of the Port of Dubuque in the City of Dubuque, IA. was adopted. RESOLUTION NO. 91-24 APPROVING AN IOWA LAND RECYCLING PROGRAM ENVIRONMENTAL COVENANT ON PROPERTY IN THE NORTH PORT OF THE PORT OF DUBUQUE IN THE CITY OF DUBUQUE, IA. Whereas, the City of Dubuque is the owner of the following described real property located in the North Port of the City of Dubuque, IA.; Part of Lot 2 of Riverwalk 4th Addition in the City of Dubuque, IA., and part of Lots 6, 11 and B of Ice Harbor Development in the City of Dubuque, IA., more particular- ly described as follows: Commencing at the Southeasterly corner of Lot B of Ice Harbor Development in the City of Dubuque, IA.; Thence North 58 Degrees 58 Minutes 55 Seconds West along the Southerly line of said Lot B a distance of approximately 230.00 feet to a line on the back of an existing sidewalk and the Point of Begin- ning; Thence North 31 Degrees 01 Minutes 05 Seconds East along said back of side- walk and its northerly extension a dis- tance of approximately 175.00 feet to a line on the south edge of an existing driveway and its westerly extension; Thence South 58 Degrees 58 Minutes 55 Seconds East along said south edge and westerly extension a distance of approx- imately 350.00 feet to a line on the east- erly edge of an existing parking lot and its northerly extension; Thence South 31 Degrees 01 Minutes 05 Seconds West along said easterly edge and northerly extension a distance of ap- proximately 425.00 feet to a point on the southerly edge of an existing parking lot; Thence North 58 Degrees 58 Minutes 55 Seconds West along said southerly edge a distance of approximately 195.00 feet; Thence North 27 Degrees 28 Minutes 40 Seconds West a distance of approxi- mately 181.80 feet to a point on the back of an existing sidewalk and its southerly extension; Thence North 31 Degrees 01 Minutes 05 Second East along said back of sidewalk and southerly extension a distance of approximately 155.00 feet to the point of beginning, containing 3.25 acres, more or less as shown on the attached exhibits; and Whereas, the Iowa Department of Natural Resources has requested the City of Dubuque approve the attached Iowa Land Recycling Program Environmental Covenant shown on the attached exhibit; and Whereas, the City Council finds that it is in the best interests of the City of Dubuque to approve the Iowa Land Recycling Program Environmental Covenant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. AS FOLLOWS: Section 1. The Iowa Land Recycling Pro- gram Environmental Covenant is hereby ap- proved. Section 2. The City Manager is authorized and directed to sign the Iowa Land Recycling Program Environmental Covenant on behalf of the City of Dubuque and to take such actions as are necessary to carry out the terms of the Iowa Land Recycling Program Environmental Covenant. Section 3. The City Clerk is directed to record Iowa Land Recycling Program Envi- ronmental Covenant in the Office of the Dubu- que County Recorder. Passed, approved and adopted this 15th day of April 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 20. Approving a First Amendment to a De- velopment Agreement by and between the City of Dubuque and Switch Homes, LLC: Upon motion the documents were received and filed, and Resolution No. 92-24 Approving the First Amendment to Development Agreement by and Between the City of Dubuque, IA. and Switch Homes, LLC was adopted. RESOLUTION NO. 92-24 APPROVING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BE- TWEEN THE CITY OF DUBUQUE, IA. AND SWITCH HOMES, LLC Page 189 of 1311 Book 154 Regular Session, April 15, 2024 103 Whereas, the City of Dubuque (City) and Switch Homes, LLC (Developer) previously entered into that certain Development Agree- ment dated June 20, 2023, with respect to the matters specified therein; and Whereas, the parties desire to further mod- ify the Development Agreement as set out in the First Amendment to Development Agree- ment; and Whereas, the City Council finds that it is in the interests of the City of Dubuque to approve the First Amendment to Development Agree- ment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the First Amendment to Development Agreement between the City of Dubuque, IA. and Switch Homes, LLC, a copy of which is attached hereto, is hereby ap- proved. Section 2. That the Mayor is hereby au- thorized and directed to execute the First Amendment to Development Agreement on behalf of the City and the City Clerk is author- ized 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 Development Agreement as herein ap- proved. Passed, approved and adopted this 15th day of April 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 21. Plat of Survey of Splendid Valley Es- tates: Upon motion the documents were re- ceived and filed, and Resolution No. 93-24 Approving the Final Plat of Splendid Valley Estates, Dubuque County, IA. was adopted. RESOLUTION NO. 93-24 APPROVING THE FINAL PLAT OF SPLEN- DID VALLEY ESTATES, DUBUQUE COUN- TY, IA. Whereas, there has been filed with the City Clerk a Final Plat of Splendid Valley Estates, Dubuque County, IA.; 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 statutes and ordinances relat- ing thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: 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 feet of frontage for Lot 1 on a public street or an approved private street. Section 2. That the Final Plat of Splendid Valley Estates Dubuque County, IA. is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, IA. upon said Final Plat. Passed, approved and adopted this 15th day of April 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 22. Signed Contract(s): Bolton & Menk, Inc. for the Central Avenue and White Street Corridor Traffic Study; J&R Supply, Inc. for the Ring & Lids - Metal Supply. Upon motion the documents were received and filed. 23. Iowa Department of Transportation HMA Resurfacing and PCC Patching Projects Notifications: Correspondence from Jesse Tibodeau, Assistant District Engineer for the Iowa Department of Transportation, providing notification of HMA resurfacing and PCC patching projects within the city. Upon motion the documents were received and filed. 24. Civil Service Commission Certified List - Police Officer: Upon motion the documents were received, filed, and made a matter of record. April 10, 2024 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 February 24, 2024. We, The Civil Service Commission, hereby certify that the individuals listed below have passed the written examination or are using a valid transfer score and any vacancies for the position of Police Officer should be filled from this list and that this list is good through March 12, 2025. Police Officer 1. Daniel Brimmer — Transfer Score, 2. David DeMarais, 3. Joseph Kimball, 4. Marcus Leit- zen, 5. Camerin McClain, 6. John Michel — Transfer Score, 7. Melissa Seaman — Transfer Score, 8. Jaycob Thompson — Transfer Score Respectfully Submitted, /s/ Danial White Civil Service Commissioner 25. Approval of Retail Alcohol Licenses: Upon motion the documents were received and filed, and Resolution No. 94-24 Approving applications for retail alcohol licenses, as re- quired 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. Page 190 of 1311 Book 154 Regular Session, April 15, 2024 104 RESOLUTION NO. 94-24 APPROVING APPLICATIONS FOR RETAIL ALCOHOL LICENSES, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANC- ES 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 re- quirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. 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 Posh Lounge, 900 Central Ave. Renewals Backpocket Dubuque, 333 E 10th St. Suite A Bunker Hill Golf Course, 2200 Bunker Hill Rd. Catfish Charlie's, 1630 East 16th St. Clarke University, 1550 Clarke Dr. Dubuque Lodge No. 355, 2635 Windsor Ave. Foodie Garage Eatery, 1046 Central Ave. Ichiban Hibachi Steakhouse & Sushi Bar, 3187 University Ave. L. May Eatery, 1072 Main St. Loras College Campus Center, 1450 Alta Vista St. Marco's Italian American Food, 2022 Central Ave. Monks Kaffee Pub, 373 Bluff St. Old Chicago Pizza and Taproom, 3100 Dodge St. Olive Garden Italian Restaurant 1516, 3350 Dodge St. Paro Food Mart, 3200 Central Ave. Stone Cliff Winery / Dubuque Star Brewery, 600 Star Brewery Dr. Suite 100 The Hub, 253 Main St. Whiskey River, 1070 University Ave. Special Event(s) per Special Event Application Submittal Area Residential Care — 7/11/24 to 7/15/24, 650 Bell St. Grassy Open Space Dubuque Jaycees — 5/5/24 to 5/9/24, 7th and Jackson St. to 9th and Jackson St. Dubuque Main Street — 6/10/24 to 6/14/24, 7/8/24 to 7/12/24, 8/12/24 to 8/16/24, 680 Main St. (Town Clock Plaza) Q Casino — 5/23/24 to 5/27/24, 5/30/24 to 6/3/24, 6/13/24 to 6/17/24, 6/27/24 to 7/1/24, 7/11/24 to 7/15/24, 7/18/24 to 7/22/24, 8/1/24 to 8/5/24, 8/8/24 to 8/12/24, 8/22/24 to 8/27/24, 8/27/24 to 8/31/24, 9/12/24 to 9/16/24, 9/19/24 to 9/23/24, 1855 Greyhound Park (Backwater Stage) Passed, approved, and adopted this 15th day of April 2024. 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. Resolution Setting a Public Hearing on a Proposed Development Agreement by and among the City of Dubuque, IA., Woodward Communications, Inc., and WHKS & CO., Inc. Providing for the Issuance of Urban Renewal Tax Increment Revenue Grant Obligations Pursuant to the Development Agreement: Up- on motion the documents were received and filed and Resolution No. 95-24 Fixing the date for a Public Hearing of the City Council of the City of Dubuque, IA. on the Proposed Devel- opment Agreement by and among the City of Dubuque, IA., Woodward Communications, Inc., and WHKS & Co., Inc., including the pro- posed issuance of Urban Renewal Tax Incre- ment Revenue Grant Obligations to Woodward Communications, Inc., 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 May 6, 2024 in the His- toric Federal Building. RESOLUTION NO. 95-24 FIXING THE DATE FOR A PUBLIC HEAR- ING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. ON THE PROPOSED DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF DUBUQUE, IA., WOODWARD COMMUNICATIONS, INC., AND WHKS & CO., INC., INCLUDING THE PROPOSED ISSUANCE OF URBAN RE- NEWAL TAX INCREMENT REVENUE GRANT OBLIGATIONS TO WOODWARD COMMUNICATIONS, INC., AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, Woodward Communications, Inc. (Developer) is the owner of the following described real property: Parcel 1025201010: Lot 4, Lot 2 of Lot 5, Lot 1 of Lot 1 of Lot 5, all in Lorimer's Subdivision, and Lot A of Vacated West Ninth Street, in the City of Dubuque, IA., according to the recorded plats thereof Parcel 1025201012: Lot 2 of Lot 1 of Lot Page 191 of 1311 Book 154 Regular Session, April 15, 2024 105 5, Lot 6, Lot 7, Lot 8 and the East 50 feet of Lot 9, all in Lorimer's Subdivision; Lot 1 of the Subdivision of Lots 654 and 688, in the City of Dubuque, IA., according to the recorded plats thereof (the Property); and Whereas, WHKS & CO., Inc (Employer) requires property for its operations and has entered into a Lease Agreement with Devel- oper for a part of the Property; and Whereas, City, Developer, and Employer have entered into a Development Agreement, subject to the approval of the City Council, pursuant to which Developer will renovate the Property including certain Improvements de- scribed in the Development Agreement; and Whereas, the City Council has tentatively determined that it would be in the best inter- ests of City to approve the Development Agreement; and Whereas, the Development Agreement provides for the issuance by City of economic development grants to Woodward Communi- cations, Inc., referred to therein as Urban Re- newal Tax Increment Revenue Grant Obliga- tions, for Developer's obligations to construct the Minimum Improvements and Employer's obligations to create and maintain employees, payable from the tax increment revenues col- lected in respect of the Minimum Improve- ments to be constructed by Woodward Com- munications, Inc. in accordance with the De- velopment Agreement, for the purpose of car- rying 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 requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meeting the City Council shall receive oral and/or written objections from any resident or property owner of said City to such proposed action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: 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 6th day of May 2024 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 Greater Downtown Economic Develop- ment District, consisting of the funding of eco- nomic development grants to Woodward Communications, Inc., pursuant to the Devel- opment Agreement under the terms and condi- tions of said Urban Renewal Plan. It is ex- pected that the aggregate amount of the Tax Increment Revenue obligations will be approx- imately $340,000. Section 3. The City Clerk is hereby di- rected to cause at least one publication to be made of a notice of said meeting, in a news- paper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four days nor more than twenty days before the date of said meeting on the disposal of the City's interest in the Proper- ty and the issuance of said obligations. Section 4. That the Notice of the proposed action shall be in substantially the form at- tached hereto. Passed, approved and adopted this 15th day of April, 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Set Public Hearing for Disposition of City -Owned Lot at 627 Rhomberg Avenue: Upon motion the documents were received and filed and Resolution No. 96-24 Intent to dispose of an interest in City of Dubuque real estate to Karl Williams, setting a time and place for hearing, and providing for the publi- cation of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 6, 2024 in the Historic Fed- eral Building. RESOLUTION NO. 96-24 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE TO KARL WILLIAMS, SETTING A TIME AND PLACE FOR HEARING, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, IA. (City) owns 627 Rhomberg Avenue (the Property) legally described as: Lot 2 of Lot 1 of Lot 35 in Cook's Addition to the City of Dubuque, IA., according to the recorded 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 De- partment to approve the purchase agreement for the sale to Karl Williams 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, IA.: Page 192 of 1311 Book 154 Regular Session, April 15, 2024 106 Section 1. That the City of Dubuque, IA., proposes to approve the purchase agreement of the above -described real estate to Karl Wil- liams. Section 2. That the City Council shall con- duct a public hearing on the proposed pur- chase agreement in the City Council Cham- bers at the Historic Federal Building, 350 W. 6th Street, Dubuque, IA. on the 6th day of May 2024, 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 attached hereto, according to law. Passed, approved, and adopted this 15m day of April 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk PUBLIC HEARINGS 1. Request to Rezone 2529 Marywood Drive: 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. Dakota Schilling, 12346 Swiss Valley Rd., introduced himself as the applicant and Sheri Kubly, 679 Bluff St., introduced her- self as the property's realtor and summarized the inspections that have occurred on the property. Responding to a question from the City Council, Mr. Wernimont stated that a con- ditional use permit for an accessory dwelling is the more expensive option for achieving the applicants' goals, hence why the applicant requested the rezoning instead. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 8-24 Amending Title 16 of the City of Dubuque Code of Ordi- nances, Unified Development Code, by reclas- sifying hereinafter described property from R-1 Single -Family Residential to R-2 Two -Family Residential. Seconded by Farber. Motion car- ried 7-0. ORDINANCE NO. 8-24 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLAS- SIFYING HEREINAFTER DESCRIBED PROPERTY FROM R-1 SINGLE-FAMILY RESIDENTIAL TO R-2 TWO-FAMILY RESI- DENTIAL NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code, is hereby amended by reclassi- fying the hereinafter —described property from R-1 Single -Family Residential to R-2 Two - Family Residential, to wit: Lot 7 Block 21 Clover Hills Subdivision, and to the centerline of the adjacent right-of-way, all in the City of Dubuque, IA. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, IA. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved and adopted this 15th day of April, 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Unified Development Code Amendment Removing Off -Street Parking Requirements in the Jackson Park and Cathedral Historic Dis- tricts: 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 Wernimont provided a staff report. Motion carried 7-0. Motion by Rousell for final consideration and passage of Ordinance No. 9-24 Amending Title 16 of the City of Dubuque Code of Ordi- nances, Unified Development Code, by Amending Articles 16-5-3-5 (R-1), 16-5-4-5 (R- 2a), 16-5-5-5 (R-3), 16-5-6-5 (R-4), 16-5-7-5 (Or), 16-5-8-5 (OS), 16-5-9-5 (OC, 16-5-10-5 (C-1), 16-5-11-2 (C-2), And 16-5-13-5 (C-3) by Removing the Off -Street Parking Requirement for properties located within the Jackson Park and Cathedral Historic Districts. Seconded by Sprank. Motion carried 7-0. ORDINANCE NO. 9 24 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY AMEND- ING ARTICLES 16-5-3-5 (R-1), 16-5-4-5 (R- 2A), 16-5-5-5 (R-3), 16-5-6-5 (R-4), 16-5-7-5 (OR), 16-5-8-5 (OS), 16-5-9-5 (OC), 16-5-10-5 (C-1), 16-5-11-2 (C-2), AND 16-5-13-5 (C-3) BY REMOVING THE OFF-STREET PARK- ING REQUIREMENT FOR PROPERTIES LOCATED WITHIN THE JACKSON PARK AND CATHEDRAL HISTORIC DISTRICTS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code Chapters 16-5-3-5 (R-2), 16-5-4- 5 (R-2A), 16-5-5-5 (R-3), 16-5-6-5 (R-4), 16-5- Page 193 of 1311 Book 154 Regular Session, April 15, 2024 107 7-5 (OR), 16-5-8-5 (OS), 16-5-9-5 (OC), 16-5- 10-5 (C-1), 16-5-11-5 (C-2), and 16-5-13-5 (C- 3), are hereby amended as follows: 16-5-3-5 Parking: Minimum parking re- quirement shall be regulated in conform- ance with the provisions of Chapter 14 of this title, except for properties located within the Jackson Park and Cathedral Historic Districts where off-street parking is not required. 16-5-4-5 Parking: Minimum parking re- quirement shall be regulated in conform- ance with the provisions of Chapter 14 of this title, except for properties located within the Jackson Park and Cathedral Historic Districts where off-street parking is not required. 16-5-5-5 Parking: Minimum parking re- quirement shall be regulated in conform- ance with the provisions of Chapter 14 of this title, except for properties located within the Jackson Park and Cathedral Historic Districts where off-street parking is not required. 16-5-6-5 Parking: Minimum parking re- quirement shall be regulated in conform- ance with the provisions of Chapter 14 of this title, except for properties located within the Jackson Park and Cathedral Historic Districts where off-street parking is not required. 16-5-7-5 Parking: Minimum parking re- quirement shall be regulated in conform- ance with the provisions of Chapter 14 of this title, except for properties located within the Jackson Park and Cathedral Historic Districts where off-street parking is not required. 16-5-8-5 Parking: Minimum parking re- quirement shall be regulated in conform- ance with the provisions of Chapter 14 of this title, except for properties located within the Jackson Park and Cathedral Historic Districts where off-street parking is not required. 16-5-9-5 Parking: Minimum parking re- quirement shall be regulated in conform- ance with the provisions of Chapter 14 of this title, except that a 25 percent reduc- tion shall be allowed in the OC District for both permitted and conditional uses, and except for properties located within the Jackson Park and Cathedral Historic Dis- tricts where off-street parking is not re- quired. 16-5-10-5 Parking: Minimum parking re- quirement shall be regulated in conform- ance with the provisions of Chapter 14 of this title, except for properties located within the Jackson Park and Cathedral Historic Districts where off-street parking is not required. 16-5-11-5 Parking: Minimum parking re- quirement shall be regulated in conform- ance with the provisions of Chapter 14 of this title, except for properties located within the Jackson Park and Cathedral Historic Districts where off-street parking is not required. 16-5-13-5 Parking: Minimum parking re- quirement shall be regulated in conform- ance with the provisions of Chapter 14 of this title, except for properties located within the Jackson Park and Cathedral Historic Districts where off-street parking is not required. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, IA. Section 4. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved, and adopted this 15th day of April 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. 2024 Maintenance Dredging Project No. 1 Public Hearing: Motion by Jones to receive and file the documents and adopt Resolution No. 97-24 Approval of plans, specifications, form of contract, and estimated cost for the 2024 Maintenance Dredging Project No. 1. Seconded by Farber. Motion carried 7-0. RESOLUTION NO. 97-24 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE 2024 MAINTENANCE DREDGING PROJECT NO. 1 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the attached plans, specifi- cations, form of contract and estimate of total cost for the 2024 Maintenance Dredging Pro- ject No. 1 in the estimated amount $287,500.00, are hereby approved. Passed, approved, and adopted this 15th day of April 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Fiscal Year 2025 Budget Adoption: Mo- tion by Farber to receive and file the docu- ments and adopt Resolution No. 98-24 Adop- tion of Budget and Certification of City Taxes; Resolution No. 99-24 Adopting the City of Dubuque Fiscal Year 2025 Annual Budget; and Resolution No. 100-24 Adopting the City of Dubuque Five Year Capital Improvement Program. Seconded by Wethal. City Clerk Breitfelder announced that written input was submitted by the following individuals: Robert Bennett, 1636 Jackson St.; Page 194 of 1311 108 Regular Session, Aril 15, 2024 Book 154 Annie Flanagan, 335 N Booth St.; Danielle Taylor, 90 Main St.; Frank Belcastro, 285 North Grandview Ave.; Shirley A. Healy, 3895 Short St.; Sandy Hockenberry, 1015 W 3rd St.; Nichollas Zimmerman, 1193 Highland Place; MagDahlia Zimmerman, 1193 Highland Place; Larry Zimmerman, 1193 Highland Place; Marilyn Gorun, 3113 Pasadena Ct, Unit 32; Sue McTaggart, 1163 Highland Place; Evelyn Nadeau, 663 Fenelon Place; Kalee Kerper, 1717 Kane St. ;Paul Schultz, 1040 Carmel Dr.; Briana Moss, 2520 Marywood Dr.; Veronica McAvoy, 125 West 9th St.; Dorothy Schwendinger, 3390 Windsor Ave.; Kimberly Stedwell, 1860 Hale St.; Heidi Zull, 1530 Jackson St.; Jeffrey Robbins, 629 Groveland Place; Andrea Bixler, 485 Arlington St.; and John Klostermann. City Council Members expressed sup- port for the budget and the proposed rate increase, citing cost increases and staffing needs. Motion carried 7-0. FISCAL YEAR JULY 1, 2024 - JUNE 38, 202S ADOPFION OF BI T G"* AND CERTIFICATION OF CIT\ T a C F S 'rhe city of: Ill Rl Ql'F. County Name: DUIll'QI. E C'Ot si I I Adapted On: 411542024 Resolution: 98.24 I be belaw-0gard certifies that the ('in Cmrncit, on Ibe dale stated shave, lawfully approved the named ",.Julian adopting a budget for ortl fiscal year, as summarized on this and the sopponing pages. \tlarbed is I rag Tenn Debt Sthed.le Dorm 703 which lists any and all of the debt sen'icc obligations of the ('it,. Wilt Got, & Electric H Ithuol Gas & Electric UO ]umber. 31-288 Laal Official Census: $9,667 Regular 2a 2.837.987.310 2b 2.768.051.830 DEBT St RVICI 3.4WJ98.093 3b 3,410,562,613 4g Innd 4N 3,420363 Fund Levy ( CGFL Max Rate CGFL Maa pallor Non-TIF'Dltable w/ G&E Triable Growth % Fl2024 Rndget Dal. 8 11 0: at 21,744.505 2.684506.784 5 71 Limitation Percentage C(iFI. %In% Rate CGFL 81as Dolton Revesne Growth % Max Allowed CG FL far FY 2025 791118 22.536.174 3.64 TAXES LEVIED ('tide Sec Dollar UlnR Purpose F.NTF.R FIRF. DISTRICT RATE BELOW IA) Request with U�ldity Replacement a) Propem uses Levied ICI Rate 3941 794119 Consolidated Gencral Fund 51 22.53&174 21981,598 43 794118 Nan-Vinted Other Permissible Levies 394.1211) 0.950DD Opt & Maint publicly owned Transit 7 11* 1488 1.91 3,222 45 0 6911 R 394 1242) 0.27ODD Aviation Authority (undet sm 330A 15) 11 0 49 000000 394 1243) Amt Net Liability. ptoperly & self insurane Lusts 14 1,440 514 1.405,063 52 050760 394.124311 Anal Nee Support of a Lu-al Fmerg Mgmt Comm 462 0 465 000000 Voted Other Permissible Levies 29E22 1.50000 Umlied Law Lnfoccemeni 24 0 62 0.00" Tbtd General Food Regular Levies 15 then 24) 25 25939.176 25.299.893 384.1 100375 Ag Land 26 10.276 1 o 2-73 63 00 775 1.1■1(;,are.) Wlod 1'ox Le, in(25+26) ?7 25.948.452 23.310.158 Do not Special Revesae Levies 3846 Aml Nee Fail— & Hie Rentemen[ 29 0 0.000DO Aral Net: FICA & IPF.RS (it general fund at lrvv limn) 3 I. 36 I, , 334 070307 Rules Aral Ncc Other Fmplovee Beactits 31 0 0.000DO Subtotal Employee Benefit I^y (29JQ31) 32 1.995136 LW, 134 65 0.70307 I'aI1lNllun 396 As Red N ill. Gos & Elec N Ilhaul Gas & Elec SShflD I (A) 0 (B) 11 14 0 66 00(101 (! SSMID2 (A) 0 (B) 0 35 0 67 0(X)()(9) (A) 0 (B) 0 36 0 68 0 SSMID4 (A) 0 (B) 0 37 0 69 000000 SSMID 5 (A) 0 (B) 0 555 0 $63 0.00000 SSMID6 (A) 0 (B) 0 0 56 000000 SSMID7 (A) 0 (B) 0 1177 0 1179 000(X) SSMIDS (A) 0 (B) 0.1193. 0 1187 000" 7blal Special Rnen.e Levies 39 1.995.236 1.946.134 3841 Aral N Debt Sersict Lev4 76.10(6) 40 290.069 284,23&F-701 0083.34 39471 0 675001 Capital Projects (Capital Improv. Resent) 1 411 01 711 000000 Taal Proper" Tovn(27439a40 t 41) 1 421 28.233.757 27.540,328 T-11 992617 COUNTY AUDITOR - 1 certify the budget 6 in compliance with ALL the following: Badge" that DO %01 nleel A1.1, the criteria below are nat rlxtutorily compliant & must be returned to the city for correction. ( Cut, cpr r J)Date l Count) Auditor ) I ate—1 Page 195 of 1311 109 Regular Session, April 15, 2024 Book 154 RESOLUTION NO. 99-24 ADOPTING THE CITY OF DUBUQUE FIS- CAL YEAR 2025 ANNUAL BUDGET NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the annual budget for the fiscal year ending June 30, 2025, 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 15th day of April 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 100-24 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, 2024, and ending June 30, 2029, 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 2025 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 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 DUBUQUE, IA.: Section 1. That the five-year Capital Im- provement Program for the period beginning July 1, 2024, set out in the Fiscal Year 2025- 2029 Recommended Capital Improvement Budget, is hereby approved and adopted as allocation of City resources for capital im- provements as scheduled in the years shown, subject to annual review and revision. Passed, approved and adopted this 15th day of April 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk ACTION ITEMS 1. Fiscal Year 2025 Planning Services De- partment — Increased Fees: Motion by Jones to receive and file the documents and adopt Resolution No. 101-24 Rescinding Resolution No. 87-23, Establishing a Schedule of Devel- opment 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. Seconded by Wethal. Motion carried 7-0. RESOLUTION NO. 101-24 RESCINDING RESOLUTION NO. 87-23, 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 DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE Whereas, the City Council of the city of Dubuque, IA. establishes by resolution certain fees for development services pursuant to the Unified Development Code, pursuant to the attached schedule of Development Services Fees for the Planning Services Department. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. Resolution No. 87-23 and its Schedule of Fees is hereby rescinded effective July 1, 2024. Section 2. That the attached Fee Schedule for the Planning Services Department is here- by approved. Section 3. That the attached Fee Schedule shall take effect on July 1, 2024. Passed, approved and adopted this 15th day of April 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Establishing Water Rates under City of Dubuque Code of Ordinances for Fiscal Year 2025: 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 car- ried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 10-24 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. 11-24 Establishing the City of Dubuque Code of Ordinances Title 13 Public Utilities Page 196 of 1311 Book 154 Regular Session, April 15, 2024 110 Chapter 1 Water Use and Service, Article C Rates Section 13-1C-2 Fixing Water Rates for Fire Sprinkler Service. Seconded by Wethal. Motion carried 7-0. ORDINANCE NO. 10-24 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 RESI- DENTIAL, COMMERCIAL, INDUSTRIAL, AND ALL OTHER USES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: 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, commercial, industrial and all other uses and purposes by any person, firm or corporation within the city shall be based on units of one hundred cubic feet (748 gallons) or per gallon as follows: Monthly Consumption, (in Hundreds of Cubic Feet), Charge per (Hundred Cubic Feet) First 30, $4.91 Next 120, $3.99 Next 350, $3.71 Next 500, $3.27 Over 1,000, $2.90 Monthly Consumption (in Gallons), Charge per Gallon First 22,440, $0.00651 Next 89,760, $0.00534 Next 261,800, $0.00497 Next 374,000, $0.00439 Over 748,000, $0.00384 Rates shall be subject to the following min- imum monthly charge according to the size of the meter: Meter Size Inches, Monthly Consumption (In Hundreds of Cubic Ft.), Monthly Consumption (In Gallons), Minimum Charge 5/8, 2, 1,496, $9.74 3/4, 5, 3,740, $24.35 1, 8, 5,984, $38.96 1 1/2, 26, 19,448, $126.61 2, 46, 34,408, $209.99 3, 106, 79,288, $449.65 4, 168, 125,664, $692.32 6, 368, 275,264, $1,435.83 8, 625, 467,500, $2,337.01 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 account for those service calls that are determined to be related to customer negligence. A $8.90 minimum monthly charge shall be assessed for meters not in service. Section 2. This Ordinance shall take effect July 1, 2024. Passed, approved and adopted this 15th day of April 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk ORDINANCE NO. 11-24 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, IA.: 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 service shall be billed for this service on a monthly basis. The monthly charge shall be as follows: Current Number Of Heads, Monthly Charges Up to 200 (minimum), $29.85 200-299, $35.83 300-399, $41.72 400-599, $47.76 600-799, $53.67 800 -999, $59.68 1,000 - 1,199, $65.67 1,200 - 1,399, $71.57 1,400 - 1,599, $77.55 1,600 - 1,799, $83.53 1,800 - 1,999, $89.44 2,000 - 2,199, $95.44 2,200 - 2,399, $101.40 2,400 - 2,599, $107.39 2,600 - 2,799, $113.34 2,800 - 2,900, $119.46 3,000 - 3,499, $125.26 Over 3,500*, $5.95 *(for each additional 500 heads or fraction thereof) Section 2. This Ordinance shall take effect July 1, 2024. Passed, approved and adopted this 15th day of April 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Establishing Sanitary Sewer Rates un- der City of Dubuque Code of Ordinances for Fiscal Year 2025: Motion by Roussell to re- ceive and file the documents and that the re- quirement that a proposed ordinance be con - Page 197 of 1311 Book 154 Regular Session, April 15, 2024 111 sidered 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. Motion carried 7-0. Motion by Roussell for final consideration and passage of Ordinance No. 12-24 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 2025. Seconded by Sprank. Motion carried 7-0. ORDINANCE NO. 12-24 CITY OF DUBUQUE CODE OF ORDINANC- ES TITLE 13 PUBLIC UTILITIES, CHAPTER 2 SEWERS AND SEWAGE DISPOSAL, AR- TICLE C RATES, SECTION 13-2C-3 RATES ESTABLISHED FOR FISCAL YEAR 2025 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. Section 13-2C-3 of the City of Dubuque Code of Ordinances reads as fol- lows: 13-2C-3: RATES ESTABLISHED: Contributors whose property lies within the corporate lim- its of the city, except as otherwise provided in this article, shall pay to the city at the same time payment for water services is made, a sewer service charge computed on water consumption on the following rates: B. Schedule of Rates: Rate per each 100 cubic feet, $6.83 Rate per each gallon, 0.0091 C. Service Charge: 7. Where the quantity of water consumed is such that the minimum of service is charged, the minimum sewer service charge, according to the size of the me- ter, shall be as follows: Meter Size (Inches), Minimum Charge, Al- lowance (Cubic Ft.), Allowance (Gals.) 5/8, $13.67, 200, 1496 3/4, $34.16, 500, 3740 1 or larger, $54.66, 800, 5984 Section 2. This Ordinance shall take effect on the 1st day of July 2024. Passed, approved, and adopted this 15th day of April 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Establishing Solid Waste Rates and Ad- ditional Proposed Revisions under City of Dubuque Code of Ordinances for Fiscal Year 2025: 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. Motion carried 7-0. Motion by Roussell for final consideration and passage of Ordinance No. 13-24 Amend- ing City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 6 Solid Waste. Se- conded by Wethal. Motion carried 7-0. ORDINANCE NO. 13-24 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES, CHAPTER 6 SOLID WASTE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. Title 13, Chapter 6 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 13-6-1: DEFINITIONS: For the purpose of this chapter the following definitions shall apply: BUILDING MATERIALS: Any material such as lumber, floor coverings, brick, plaster, sheet metal or any other sub- stances accumulated as a result of re- pairs or additions to existing buildings, construction of new buildings or demoli- tion of existing structures. BULKY ITEM(S): Any items that do not fit into a city -issued refuse cart and that are larger than three feet by two feet or weigh more than 40 pounds. CLASS I PREMISES: Shall mean and in- clude the following properties in the City of Dubuque: • Single-family dwellings. • Multiple -family dwellings up to and including six (6) dwelling units. • Dwelling units in business or com- mercial premises. • Where two (2) or more laterally connected or joined dwelling units, including condominiums, town- houses, and row houses, in which each dwelling unit has separate ac- cess and utility service, each dwell- ing unit shall constitute a single- family dwelling. CLASS II PREMISES: Residential prem- ises other than Class I residential premises, located in the City of Dubu- que, including: • Dwellings in trailer courts. • Schools, colleges, churches, con- vents, nursing homes, rooming houses and other semiprivate insti- tutions; and • Multiple -family dwellings exceeding six (6) dwelling units. CLASS III PREMISES: All business and commercial premises located in the City of Dubuque, including that part of a residential premises with a business or Page 198 of 1311 Book 154 Regular Session, April 15, 2024 112 commercial use. cessed, and returned to the economic DWELLING: Shall mean and include any stream in the form of raw materials or building or portion thereof containing products. one or more dwelling units. REFUSE: All landfilled material generat- DWELLING UNIT: Shall mean and in- ed by occupiers of land within the City clude one or more connected rooms of Dubuque corporate limits, whether having complete kitchen facilities and recyclable or nonrecyclable material. arranged, designed, or used as living SOLID WASTE: Garbage, refuse, rub - quarters for one family only. bish, recyclable materials, organic FOOD SCRAPS: Solid, semisolid, and waste, and other similar discarded solid liquid animal and vegetable residuals or semisolid materials, including, but resulting from the handling, preparing, not limited to, such materials resulting cooking, storing, serving and consum- from industrial, commercial, agricultur- ing of food. al, and domestic activities. Solid waste GARBAGE: All solid and semisolid, pu- does not include toxic or hazardous trescible animal and vegetable wastes materials. resulting from the handling, preparing, YARD WASTE: Organic materials gener- cooking, storing, serving and consum- ated from routine maintenance and ing of food or of material intended for landscaping activities within residential, use as food, and all offal, excluding commercial, or public properties. This useful industrial byproducts, and shall includes grass clippings, leaves, include all such substances from all branches, shrub trimmings, and other public and private establishments and vegetative matter originating from the from all residences. maintenance of lawns, gardens, and HAZARDOUS WASTES: Waste materi- outdoor landscapes. Yard waste does als, including, but not limited to, poi- not include materials such as soil, sons, pesticides, herbicides, acids, rocks, or construction debris. caustics, biohazardous wastes, flam- 13-6-2: DEPOSITS ON OTHER PUBLIC mable or explosive materials and simi- OR PRIVATE PROPERTY: lar harmful wastes which require spe- A. Prohibition: No person shall throw, cial handling, and which must be dis- rake, deposit, dump, drop, spill or posed of in such a manner as to con- store (other than the placement of serve the environment and protect the containers for collection as provided public health and safety. herein) any solid waste or toxic and ORGANIC WASTE: Any biodegradable hazardous wastes upon the streets, waste material originating from plants, sidewalks, rights of way or any public animals, or other natural sources that or private property within the city. can be decomposed or broken down in- B. Exception: This section shall not ap- to simpler organic compounds through ply to junk dealers, auto salvage biological processes. This includes but dealers, pawnbrokers or secondhand is not limited to food scraps, yard dealers licensed under title 4, chapter waste, paper products, and other bio- 6 of this code. degradable materials. Organic waste 13-6-3: WRAPPING AND DRAINING OF does not include materials such as CERTAIN SOLID WASTES: All solid waste plastics, metals, or glass which do not consisting of waste animal and vegetable readily decompose under natural condi- matter which may attract flies, dogs, cats, tions. rodents, and other animals shall be drained OWNER: In addition to the record title- of all excess liquid, wrapped in paper or holder, any person residing in, renting, disposable containers, and placed or leasing, occupying, operating, or trans- stored, until collected, in covered suitable acting business in any premises and as containers. between such parties, the duties, re- 13-6-4: UNLAWFUL ACCUMULATIONS: sponsibilities, liabilities, and obligations A. Health Or Sanitation Hazard: It shall hereafter imposed shall be joint and be unlawful for any person to permit to several. accumulate on any premises, improved PREMISES: A building or part of a build- or vacant, or on any public place in the ing and its grounds located in the City city, such quantities of solid waste, ei- of Dubuque. ther in containers or not, that shall con - RECYCLABLE MATERIALS: Materials, stitute a health or sanitation hazard. as designated by the City of Dubuque B. Storage Within or Close to Buildings: It and set out in this chapter, which would shall be unlawful for any person to ac- otherwise become solid waste that can cumulate quantities of refuse, papers, be source separated, collected, pro- garbage, ashes or other solid waste Page 199 of 1311 Book 154 Regular Session, April 15, 2024 113 within or close to any building in the city, unless the same is stored in con- tainers in such a manner as not to cre- ate a health or fire hazard. 13-6-5: STORAGE AND ACCUMULATION RESTRICTED: A. Within the corporate limits of the city, all garbage or refuse consisting of waste animal or vegetable matter upon which rats may feed, and all small dead animals, shall be placed and stored un- til collected in covered metal containers of a type prescribed by the health of- ficer. B. Dumping on Premises or Waterways Prohibited: It is unlawful for any person to dump or place on any premises, land or waterway, any dead animals, or any waste vegetable or animal matter of any kind. C. Providing Harborage for Rats: It shall be unlawful for any person to place, leave, dump, or permit to accumulate any garbage, rubbish or trash in any building or on any premises, improved or vacant, or on any open lot or alley in the city so that the same shall or may afford food or harborage for rats. D. Lumber And Boxes Placed On Elevat- ed Racks: It shall be unlawful for any person to permit to accumulate on any premises, improved or vacant, or on any open lot or alley in the city any lumber, boxes, barrels, bottles, cans, containers or similar material that may be permitted to remain thereon unless same shall be placed on open racks that are elevated not less than eighteen inches (18") above the ground, and evenly piled or stacked. 13-6-6: HAZARDOUS AND PROHIBITED WASTES REGULATED: A. Deposits Prohibited Except For Spe- cial Collection: No person shall deposit in a solid waste container or otherwise offer for city collection any hazardous wastes or prohibited wastes, except when a special collection is established by the city manager. B. Transportation by Owner: Hazardous wastes and prohibited wastes shall be transported by the owner to a sanitary disposal project licensed by the Iowa Department of Natural Resources to accept such wastes. C. Prohibited Wastes Described: "Prohib- ited wastes" includes, but is not limited to, waste oils, lead acid batteries and tires. D. The City of Dubuque solid waste col- lection service will not collect, including but not limited to, the following materi- als: Industrial waste; oil soaked rags, solvents, liquid paints, acids, chemi- cals, or other explosive or highly com- bustible or flammable or hazardous materials; caustics, poisons, pesticides or herbicides; radioactive or toxic waste, biomedical waste; liquids, in- cluding motor oil; gaseous waste; sep- tage, raw sewage, sludge and industrial process sludge; manure contaminated hay and straw or animal feces unless properly bagged; carcasses, viscera, or entrails of animals, unless properly contained, wrapped, or packaged; hot ashes; and building materials. 13-6-7: VEHICLES HAULING SOLID WASTE: A. Dropping, Sifting Or Leaking Of Load: No person shall haul any solid waste upon the streets, alleys or public places of the city unless the vehicle used for such purpose is so constructed or loaded or the load securely covered as to prevent any of its load from drop- ping, sifting, leaking, or otherwise es- caping or its load covering from drop- ping from the vehicle, except that mate- rials may be dropped for the purpose of securing traction, or water or other substance may be applied on a road- way in cleaning or maintaining such roadway. B. Sanitary Condition: All vehicles, con- tainers and dumpsters used for the col- lection and removal of solid waste shall be kept in a clean, inoffensive, and sanitary condition. All solid waste shall be handled in such a way as to prevent the scattering, spilling or leakage of same. 13-6-8: USE OF STATE APPROVED DUMP SITE OR DISPOSAL PROJECT: A. State Licensed Project: No person shall haul or cause to be hauled any solid waste to any sanitary disposal project, dump site or any other area unless such disposal project, dump site or other area is licensed by and in full compliance with all regulations in the state in which it is locat- ed. B. Filling or Excavating; Permit Required: No person shall use dirt, stone, brick, con- crete or similar inorganic material for fill, landscaping, excavation or grading without first obtaining a building permit, if required by other provisions of this code, and only in conformance with all provisions of the zon- ing and subdivision ordinances of this code. ARTICLE A. CITY OR PRIVATE COLLEC- TION SERVICE 13-6A-1: CITY MANAGER'S AUTHORITY GENERALLY: The City Manager, or de- signee, is hereby authorized and directed Page 200 of 1311 Book 154 Regular Session, April 15, 2024 114 to employ City owned vehicles and equip- tional cart capacity if the subscribed ment and the necessary operating person- cart is insufficient. The City shall notify nel to collect refuse, recyclable materials, the applicable account holder in writing organic waste, and bulky items and to col- of the additional capacity requirement, lect fees and administer the program as deliver the larger cart, and adjust the provided for in this article in the City, upon monthly bill. the terms and conditions of this article. F. All refuse placed into City -issued carts 13-6A-2: AVAILABILITY OF COLLECTION must be in tied bags. SERVICE: G. Except for Class II premises, biomedi- A. Collection service is provided within to cal waste shall be placed in suitable City residents and businesses as de- containers separately from all other sol- scribed in this Chapter. The City Man- id waste. Sharp objects, such as hypo- ager may consider requests for service dermic needles, syringes, and lancets, outside of city limits, at the City Man- shall be securely contained in hard ager's sole discretion. plastic or metal disposable containers B. Class I Premises: City solid waste col- with screw -on or tightly secured lids for lection services shall be mandatory. collection. Other biomedical waste, C. Class II Premises: Class II premises such as soiled bandages, disposable not serviced by City solid waste collec- sheets, and medical gloves, shall be tion services may apply to the City placed in thick disposable plastic bags Manager for such collection services. or shall be double -bagged. D. Class III Premises: Class III premises H. Glass and similar materials shall be not serviced by City solid waste collec- placed in puncture -resistant boxes and tion services may apply to the City securely closed. Manager for such collection services. 13-6A-4: RECYCLING COLLECTION E. Recycling Services: Class II premises SERVICE: not serviced by City solid waste collec- A. One City owned curbside recycling tion services and Class III premises container shall be provided by the City may apply to the City Manager for such to each dwelling for the collection of re - recycling services. cyclable materials. If additional recy- F. Refusal Of Service: The City Manager cling capacity is needed, a second con - may refuse solid waste collection ser- tainer may be issued. vices or recycling services because of B. The following types of solid waste are quantities or characteristics beyond the curbside recyclable materials: Rigid capacity or capability to be handled ef- plastics with a recycling symbol be- ficiently or safely by City personnel and tween #1 — 5, Paper / cardboard / equipment. newspaper, and metal materials (such 13-6A-3: REFUSE COLLECTION SER- as cans, clean foil, pans). VICE: C. When a customer's recycling contain - A. All City of Dubuque solid waste cus- er is frequently contaminated with non- tomers shall use a city -issued cart for recyclable material and violations per - collection. The base rate gives access sist, the City may remove the container to a 35-gallon tipper cart for weekly re- and stop the weekly collection. fuse collection. 13-6A-5: ORGANIC WASTE COLLEC- B. In cases where a customer may TION SERVICE: choose multiple refuse carts or a cart A. All organic waste shall be separated larger than the base rate 35-gallon cart, from all other solid waste and shall be the customer may choose from three composted on the premises or placed additional cart sizes of forty-eight (48), in yard waste collection containers for sixty-four (64), or ninety-six (96) gal- collection. Ions. B. Any premises composting on site shall C. Excess Refuse: Official City of Dubu- maintain all compost piles in accord- que single -use refuse stickers shall be ance with Title 6, Chapter 4 of this applied to each additional standard 35- Code. gallon solid waste container, bag, or C. Organic waste shall be collected ac- small item (not exceeding 3 feet by 2 cording to the schedule established by feet or heavier than 40 pounds) which the City Manager. does not fit in the subscribed cart. D. The following materials may be col- D. Electronics or items larger than 3 feet lected curbside: branches and tree by 2 feet or heavier than 40 pounds limbs - less than 5 feet long (must be must be scheduled as a bulky item bundled), flowers and potted plants (no pick-up. pots), food scraps - fruit and vegeta- E. The City Manager may require addi- bles, peels, pits, coffee grounds, egg - Page 201 of 1311 Book 154 Regular Session, April 15, 2024 115 shells, bread, and grain products, grass City Manager is hereby authorized and clippings, leaves, plants, weeds, brush, empowered to change or amend the natural Christmas trees, and non -wax collection schedules from time to time coated paper products. as the City Manager may deem neces- E. Preparation of Organic Waste: Organ- sary. is waste collected by the City shall be 13-6A-8: STORAGE, CONTAINMENT, placed in biodegradable paper bags no AND SET -OUT LOCATIONS OF SOLID more than 35-gallons, bundled branch- WASTE: es, privately owned 35-gallon contain- A. Alleys: Where collections are made ers, subscribed city -issued 64-gallon from alleys, solid waste containers shall organic waste carts, or subscribed city be placed in one location for each issued 13-gallon organic waste carts. dwelling, in clear view and at the own- F. Organic waste set -out in a biode- er's property line abutting the alley and gradable paper bag requires single use on the days designated. stickers. The bags shall be no more B. Streets: Where collections are made than 35-gallon capacity, minimum two- from the street, solid waste containers ply weatherized material, and designed shall be placed in one location for each for yard waste collection capacity. dwelling, in clear view and in the street G. Disposable organic waste bags shall right-of-way on the owner's property not exceed 40 pounds without tearing side of the curb and on the days desig- or falling apart. Cardboard boxes or nated in said schedule. Such contain - plastic bags shall not be used for or- ers shall be placed so as not to inter- ganic waste collection. fere with vehicular and pedestrian traf- H. Organic waste set out in privately fic and when emptied shall be promptly owned 35-gallon cans require a single- removed by the owner. use yard waste sticker or an annual C. Time Limit for Placement Of Contain - decal. ers On Streets: No person shall place 13-6A-6: BULKY ITEM COLLECTION solid waste or recycling at the street for SERVICE: collection more than 24 hours before A. No person shall place bulky items that the scheduled collection day. No per - are larger than 3 feet by 2 feet in diam- son shall leave solid waste containers eter or weigh over 40 pounds out for or recycling containers at the street for collection except in accordance with more than 24 hours after the scheduled the provisions of this chapter. collection day. B. Premises receiving City solid waste All solid waste shall be placed at the des - collection service are eligible to set out ignated collection location for City col - bulky items for collection provided the lection by 6:00 A.M. on the scheduled customer schedules in advance of their collection day. collection. Items which are placed out D. Duty When Solid Waste Not Collected: for collection which have not been pre- Any solid waste not in compliance with viously scheduled for collection will not this chapter shall not be collected by be collected and the property owner the City and shall be removed by the shall be responsible for their removal. owner within 24 hours after the sched- 13-6A-7: FREQUENCY, TIME, AND ARE- uled collection day and stored in such a AS OF COLLECTION: manner as not to create a health, safe - A. Frequency and Time Of Collection: ty, or fire hazard. Collections shall be made not more E. Solid waste collection containers than once weekly at such time and in stored in the right-of-way for longer such areas of the City as shall be de- than 24 hours after the scheduled col- termined and set out in schedules pre- lection day may be subject to removal pared by the City Manager in accord- at the property owner's expense. ance with the provisions of this article. F. The City may make exceptions for the All collections shall be made between storage and set out of solid waste con - the hours of 6:00 A.M. and 9:00 P.M. tainers for elderly or disabled persons B. Collection Schedule: The collection upon application to the Public Works schedule shall not include official City Department. holidays unless otherwise determined G. On collection days, solid waste con - by the City Manager. However, a Sat- tainers shall be placed in plain view at urday may be substituted as the collec- a point within two feet of the curb or al- tion day to replace the collection which ley line. would otherwise be made on the day of H. If a customer would like to change the the week the holiday occurs. location of the normal set -out for collec- C. Authority to Change Schedule: The tion, it must be approved by the City. Page 202 of 1311 Book 154 Regular Session, April 15, 2024 116 I. Containers must have a two -foot radius 1. For Class II premises not serviced by around each container, and the lid of City solid waste collection services for the container must open toward the recycling collection, upon approval of street or alley. an application for City recycling col- J. Material not intended for collection lection a fee of $7.00 per month per shall not be kept on or near the curb or 96-gallon container (or volume equiv- alley line. The city shall not be respon- alence) shall be paid to the City by sible for any material so placed which the property owner of each. is collected for disposal. 2. A fee of $20.00 shall be paid to the 13-6A-9: OWNERSHIP OF MATERIALS; City for each removal of recycling UNAUTHORIZED COLLECTING PROHIB- containers from the curb. ITED: From the time of placement for col- C. Organic Waste. lection as provided in section 13-6A-8 of 1. The fee for single -use brush -tie shall this article, all solid waste and recyclable be $1.50 each. materials and recycling containers which 2. The fee for single use stickers shall meet the requirements of this chapter be $1.50 each. placed for collection by the City shall be- 3. The fee paid to the City by a cus- come and be the property of the City and it tomer of record with the City for an shall be a violation of this section for any annual yard waste decal for a private - person other than authorized personnel of Iy-owned rigid 35-gallon container the City to collect, pick up, or cause to be shall be $40.00 each. A decal shall collected or picked up, any such materials. only be used by the customer of rec- 13-6A-10: RATES AND CHARGES ES- ord with the City who purchased it. TABLISHED; EXCEPTIONS: 4. The fee paid to the City for subscrip- A. Refuse. tion to a 64-gallon City -issued organic 1. Base Fee and Conditions: A fee of waste cart shall be $10.00 per cart $17.25 per dwelling unit per month per month. shall be paid to the City by the ac- 5. The minimum fee paid to the City for count holder for solid waste collection collection of a scheduled leaf rake out services. The fee shall be in payment is $20.00 for a forty (40) standard leaf for collection and disposal of one (1) bag equivalent pile of leaves in the 35-gallon City owned cart per month parking lane at the curb. per cart. 6. A fee of $20.00 shall be paid to the 2. Optional Carts: The fee for a 48- City for each removal of organic gallon solid waste cart shall be waste containers from the curb. $19.31 per month. The fee for a 64- D. Bulky Waste. gallon solid waste cart is $23.16 per 1. A fee of $13.00 shall be paid by the month per cart. The fee for a 96- owner for each time the service is pro - gallon solid waste cart is $32.53 per vided for up to the equivalent of three month per cart. (3) cubic yards of solid waste. 3. Alley Cart Fees: The fee for a 48- 2. An additional fee of $13.00 shall be gallon solid waste cart is $17.25 per paid for each additional three (3) cubic month per cart. The fee for a 64- yards of solid waste. gallon solid waste cart is $18.76 per 3. A fee of $6.00 shall be paid to the City month per cart. The fee for a 96- for each tire. gallon solid waste cart is $26.92 per 4. A fee of $20.00 shall be paid to the month per cart. City by the owner for each appliance 4. Shared Carts: In multifamily dwell- collected in the service (such as ings, where the property owner is the stoves, microwaves, dishwashers, re - account holder, the owner can opt to frigerators, and dehumidifiers). using shared 96-gallon carts. Each 5. A fee of $6.00 shall be paid to the City unit will be billed the basic service, for metal material that is larger than 2 and the number of units will share feet by 3 feet and or heavier than 40 one or more 96-gallon carts. pounds (such as grills, bed rails, exer- 5. Single -use Refuse stickers: The fee cise bikes). for a single use refuse sticker shall be 6. A fee of $20.00 shall be paid to the $2.00 and shall be applied to each City for each collection of a TV or moni- additional standard solid waste con- tor. tainer, bag, or small item. 7. A fee of $6.00 shall be paid to the City 6. A fee of $20.00 shall be paid to the for the collection of items with a plug City for each removal of refuse con- in/chord per pick-up (such as VCR's, tainers from the curb. computer tower, or computer printer), B. Recycling. Excluding TVs and monitors. Page 203 of 1311 Book 154 Regular Session, April 15, 2024 117 8. A fee of $20.00 shall be paid to the City C. Unpaid Billing For Class I Premises: for each collection requested by the for The collection of solid waste provided service on a day not receiving weekly Class I premises and the maintenance collection at the service address in which of the availability of such service, the collection crew is not in that service whether or not such service is used area or is not a current weekly solid regularly or not at all by the owner of waste customer of the City. such Class I premises, is hereby de - Service Type FY25 Rates clared a benefit to said premises at Refuse least equal to the monthly charges 35-Gallon Cart - $17.25 specified, and in case of failure to pay 48-Gallon Cart - $19.31 the monthly charge when billed as 64-Gallon Cart - $23.16 heretofore provided, then the monthly 96-Gallon Cart - $32.53 charge shall become a lien against the 48-Gallon - Alley Cart - $17.25 property benefited or served and shall 64-Gallon - Alley Cart - $18.67 be collected in the same manner as 96-Gallon - Alley Cart - $26.92 general Property Taxes. Shared Cart Fee Per Unit - $17.25 D. Certify Delinquent Accounts To Coun- Single-Use Trash Sticker - $2.00 ty Treasurer: It is the duty of the City Discount for Income Eligible Custom- Treasurer to certify the actual rates and ers (see Paragraph F of Section 13- fees plus the costs of administration to 6A-F) - ($8.63) the County Treasurer as provided in Organic Waste section 13-1 C-4 of this title and all such Annual Yard Waste Decal - $40.00 costs will constitute a lien against said 64-Gallon Cart - $10.00 property and be collected with and in 13-Gallon Cart - $1.00 the same manner as general Property Leaf Rake -Out - $20.00 Taxes on said property. Yard Waste Brush Ties - $1.50 E. In cases of extreme financial hardship, Single - Use Yard Waste Sticker - the City may make adjustments in the $1.50 monthly collection charges as deemed Recycling appropriate. In such cases, the City Recycling Only - Residential & Com- may require proof of financial status or mercial - $7.00 extreme hardship, as the City may Bulky Items deem necessary. 1 Hopper - 3 Cubic Yd of Refuse - F. When resident(s) of a Class I premises $13.00 meets the HUD "Section 8" guidelines Tire - $6.00 for the size of the household may, upon Large Metal Material Pick -Up - $6.00 application to the City Manager or de - Appliance - $20.00 signee, be exempted from one-half TV and Monitors - $20.00 (1/2) the established 35-gallon refuse Electronic Pick -Up - $6.00 collection service rate. After the initial Miscellaneous application, annual review is required. Off -Route / Non -Customer Fee - 13-6A-12: PRIVATE COLLECTION SER- $20.00 VICE: Right - Of - Way Removal Fee - A. License Required: No person shall $20.00 engage in the business of removing or 13-6A-11: CHARGES; BILLING AND hauling solid waste from the premises COLLECTION: of another person without a license to A. City Billing: The City Manager is au- do so from the City Manager. The issu- thorized to bill tenants upon the written ance of such license shall be in the request of the property owner and ac- manner prescribed and subject to the cording to a procedure to be estab- terms of title 4, chapter 1 of this Code. lished by the City Manager. The prop- B. Application for License; Fee: Applica- erty owner in such cases shall provide tion for such license shall specify the any information on each tenant's mail- type of equipment and vehicles to be ing address to aid in the collection of used, the routes to be traveled, the fees for City services. In all cases, the places to be served and the name and property owner shall remain liable for residence of the applicant. Such per - the payment of all charges required by sons shall pay, at the Office of the City this chapter. Treasurer, an annual license fee of B. Monthly Billing: All accounts shall be $25.00 per year for each vehicle en - billed monthly. The payment of bills is gaged in such business. subject to the terms of section 13-1 C-4 of this title. Page 204 of 1311 Book 154 Regular Session, April 15, 2024 118 C. Display of License Number on Vehi- cle: No person shall operate a vehicle licensed under this section unless the license number is prominently dis- played on the lower portion of the driv- er's side of the windshield in clear view. Such license number shall be affixed to the vehicle not less than five (5) days after the day of issue. D. Separability of Provisions: It is the in- tention of the City Council that each subsection, paragraph, sentence, clause, and provision of this section is separable, and if any provision is held unconstitutional or invalid for any rea- son, such decision shall not affect the remainder of this section nor any part thereof other than that affected by such decision. Section 2. This ordinance shall take effect July 1, 2024. Passed, approved, and adopted this 151h day of April 2024. Brad Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 5. Establishing Stormwater Management Utility Fee Rates under City of Dubuque Code of Ordinances for Fiscal Year 2025: Motion by Jones to receive and file the documents and that the requirement that a proposed ordi- nance be considered and voted on for pas- sage 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. 14-24 Amending City of Dubuque Code of Ordinances Section 13-4-5 (D) SFU Rate, Charges; Utility Reve- nues. Seconded by Farber. Motion carried 7-0. ORDINANCE NO. 14-24 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, IA.: 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 $10.50 per SFU. Section 2. This Ordinance shall take effect on the 1st day of July 2024. Passed, approved and adopted this 151h day of April 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 6. Five -Year Street Construction Program for Fiscal Years 2025-2029: Motion by Sprank to receive and file the documents and adopt Resolution No. 102-24 Adopting the Five -Year Street Construction Program for Fiscal Years 2025 - 2029. Seconded by Wethal. Motion carried 7-0. RESOLUTION NO. 102-24 ADOPTING THE FIVE-YEAR STREET CON- STRUCTION PROGRAM FOR FISCAL YEARS 2025 - 2029 Whereas, a recommended Five -Year Street Construction Program for the Fiscal Year 2025 - 2029 beginning July 1, 2024, and ending June 30, 2029, 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 fis- cal/calendar year during which each project will be undertaken; and Whereas, the capital improvement projects for the first year of such five-year program are included in the Fiscal Year 2025 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 DUBUQUE, IA.: Section 1. That the Five -Year Street Con- struction Program for Fiscal Years 2025 — 2029 beginning July 1, 2024, set out in the Fiscal Years 2025 — 2029 recommended Capi- tal Improvement Budget, is hereby approved and adopted as the proposed allocation of City resources for capital improvements as sched- uled in the years shown, subject to annual review and revision. Passed, adopted, and approved, this 15th day of April 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk COUNCIL MEMBER REPORTS Council Member Wethal reported on the 1001h anniversary of Medical Associates. Council Member Jones reported on the Firefighters Association annual dinner. Mr. Jones also reported on attending a ribbon cut- ting for a transitional living house for men es- tablished by the Fountain of Youth Program and Hillcrest Family Services. Council Member Farber reported on at- tending the University of Dubuque's annual board meeting and the one-year anniversary of MedOne. Page 205 of 1311 119 Special Session, April 22, 2024 Book 154 Council Member Sprank reported on the Multicultural Family Center's Celebrate Africa and the Diaspora event. Mayor Cavanagh reported on presenting at an Iowa Department of Transportation com- mission meeting. Mayor Cavanagh also re- ported on two upcoming festivals in Dubuque: The Growing Sustainable Communities Con- ference and the Julien Dubuque International Film Festival. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 8:37 p.m. to discuss Pending Litigation and Purchase or Sale of Real Estate — Chap- ter 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 9:48 p.m. stating that staff had been given proper direction. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 9:48 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 5:15 p.m. on April 22, 2024, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. 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 approving the demoli- tion of 945 Bluff St. ACTION ITEMS 1. City Owned Property at 945 Bluff Street — Request Deconstruction: Motion by Jones to receive and file the documents and adopt Resolution No. 103-24 Approving the demoli- tion of historic and city owned property at 945 Bluff Street due to deterioration beyond repair. Seconded by Resnick. Responding to ques- tions from the City Council, Housing & Com- munity Development Director Alexis Steger summarized previous efforts to restore the structure. City Manager Van Milligen stated that incentives are available to property own- ers to rehabilitate historic properties but that funding limitations prevent all properties from being addressed. City Council Members ex- pressed disappointment in having to demolish a historic structure and expressed support for the city's proactive approach in trying to pre- vent the deterioration of historic properties. Motion carried 6-0. RESOLUTION NO. 103-24 APPROVING THE DEMOLITION OF HIS- TORIC AND CITY OWNED PROPERTY AT 945 BLUFF STREET DUE TO DETERIORA- TION BEYOND REPAIR Whereas, the City of Dubuque Historic Preservation Commission recognized by ma- jority vote that the property at 945 Bluff Street is Architecturally and Historically Significant; and Whereas, the City of Dubuque Historic Preservation Commission issued a certificate of economic non -viability to allow demolition of a structure by majority vote on April 18, 2024; and Page 206 of 1311 120 Special Session, May 6, 2024 Book 154 Whereas, the City of Dubuque Housing & Community Development Department re- leased two rounds of requests for proposals trying to save the structure to no avail; and Whereas, for the safety of the public, the Housing & Community Development Depart- ment is recommending demolition in a timely manner to prevent collapse. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA., AS FOLLOWS: Section 1. The demolition of 945 Bluff Street is hereby approved. Passed, approved and adopted this 22nd day of April 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 5:29 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 6, 2024, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 61h Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attorney Brumwell. Mayor Cavanagh read the call and stated this is a special session of the City Council called for the purpose of conducting work ses- sions on Project HOPE and UAG's City Life Presentation. WORK SESSIONS 1. Project HOPE Update Alex Baum, Director of Advocacy, Data, and Learning with the Community Foundation of Greater Dubuque presented an update on Project HOPE activities and responded to questions from the City Council. This work session concluded at 6:01 p.m. 2. Iowa Jobs for America's Graduates (iJAG) City Life Student Presentation to City Council Community Engagement Coordinator Temwa Phiri made introductory remarks. iJAG Education Specialist Janie Hessong provided an overview of the iJAG program at Stephen Hempstead and Dubuque Senior High Schools. Laila Saunders, Ana Bermudez, Wyleah Jaeger, and Olivia Skemp presented about their experiences participating in City Life and responded to questions from the City Council. There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:25 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk Page 207 of 1311 121 Regular Session, May 6, 2024 Book 154 CITY OF DUBUQUE IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:32 p.m. on May 6, 2024, 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 Attorney Brumwell. Mayor Cavanagh read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PROCLAMATION(S) 1. Neighborhood Association Recognition was accepted by Sandy Plumley, Robin Ken - nicker, Hilary Dalton, Cathy Sorenson, Sheri Copley, Thea Dement, and Jerry Noll on be- half of the Dubuque Neighborhood Associa- tions. 2. Building Safety Month (May 2024) was accepted by Building Code Advisory and Ap- peals Board Member Tom Townsend on be- half of the Housing and Community Develop- ment Department and the Building Code Advi- sory and Appeals Board. 3. Mental Health Month (May 2024) was accepted by Vicki Gassman and Brenna Burgart on behalf of Mental Health America of Dubuque County. 4. National Cities, Towns, and Villages Month (May 2024) was accepted by Mayor Cavanagh on behalf of the National League of Cities and the City of Dubuque. 5. Preservation Month (May 2024) was ac- cepted by Historic Preservation Commission Vice -Chairperson Thea Dement on behalf of the Planning Services Department and the Historic Preservation Commission. 6. Public Service Recognition Week (May 5-11, 2024) was accepted by Paralegal Jenny Messerich and Multimedia Specialist Felicia Carner on behalf of the City of Dubuque Em- ployee Recognition Committee. 7. Salvation Army Week (May 6-12, 2024) was accepted by Captain David Amick on be- half of The Salvation Army of Dubuque. 8. Walk, Bike, and Roll to School Day (May 8, 2024) was accepted by Assistant Planner Jason Duba on behalf the Safe Routes to School Partnership, consisting of the City of Dubuque, the Dubuque Community School District, and Holy Family Catholic Schools. 9. Public Works Week (May 19-25, 2024) was accepted by Public Works Director Arielle Swift and City Engineer Gus Psihoyos on be- half of the Public Works Department and Engi- neering Department. 10. Ric Jones 50 Years of Service Recog- nition: Mayor Cavanagh presented Council Member Jones with a surprise proclamation commemorating his 50 years of service to the City of Dubuque. CONSENT ITEMS Council Member Sprank requested Item No. 21 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. 21. Seconded by Farber. Motion carried 7-0. 1. Minutes and Reports Submitted: Arts and Cultural Affairs Commission of February 27, 2024; City Council Proceedings of April 8, 9, 15, and 22, 2024; Amended City Council Proceedings of April 4 and 15, 2024; Civil Ser- vice Commission of April 10, 2024; Community Development Advisory Commission of March 20, 2024; Five Flags Civic Center Advisory Commission of December 5, 2023; Historic Preservation Commission of March 21, 2024; Housing Appeals and Mediation Board of Sep- tember 19, 2023; Library Board of Trustees of December 21, 2023; Library Board of Trustees Update of March 28 and April 25, 2024; Parks and Recreation Commission of March 12, 2024; Transit Advisory Board of September 14, 2023; Zoning Advisory Commission of April 3, 2024; Zoning Board of Adjustment of March 28 and April 25, 2024; Proof of Publication for City Council Proceedings of March 18, 25, 26, 27, and 28, and April 1, 2, 4, 8, and 9, 2024. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Scott Puccio for vehicle damage; Katherine Shaffer for ve- hicle damage. Upon motion the documents were received, filed, and referred to the City Attorney. Page 208 of 1311 Book 154 Regular Session, May 6, 2024 122 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: John Klauer for vehicle damage; Cassidy Loffa for vehicle damage; Scott Puccio for ve- hicle damage; Katherine Shaffer for vehicle damage. Upon motion the documents were received, filed, and concurred. 4. Approval of City Expenditures: Upon motion the documents were received and filed, and Resolution No. 104-24 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. 104-24 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 generally accepted internal control procedures and have been determined to have been req- uisitioned for a lawful municipal purpose; and Whereas, the Chief Financial Officer -City Treasurer has provided a list of Expenditures attached hereto, and by this reference made a part hereof, to be drawn to pay for goods and services provided for City purposes; and Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142-18 adopted May 7, 2018, authorized the Chief Financial Officer -City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. 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 Financial Officer are hereby authorized and directed to provide the statement of receipts and disbursements to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 6th day of May 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Maturity Extensions of State Revolving Fund Planning and Design Loans, Series 2021A, 2021 B and 2021 C: Upon motion the documents were received and filed, and Reso- lution No. 105-24 Extending the Maturity Dates of the City's Sewer Revenue Capital Loan Notes Anticipation Project Notes, Series 2021A-C was adopted. RESOLUTION NO. 105-24 RESOLUTION EXTENDING THE MATURITY DATES OF THE CITY'S SEWER REVENUE CAPITAL LOAN NOTES ANTICIPATION PROJECT NOTES, SERIES 2021A-C Whereas, the City Council of the City of Dubuque, IA. (the "City"), has previously au- thorized the issuance of its Sewer Revenue Capital Loan Notes Anticipation Project Note, Series 2021A, in a principal amount not to exceed $970,000 (the "Series 2021A Project Note") to the Iowa Finance Authority, as lender (the "Lender"), for the purpose of paying the cost, to that extent, of planning and designing improvements and extensions to the Municipal Sanitary Sewer System (the "Utility") of the City; and Whereas, the City Council has also previ- ously authorized the issuance of its Sewer Revenue Capital Loan Notes Anticipation Pro- ject Note, Series 2021 B, in a principal amount not to exceed $350,000 (the "Series 2021 B Project Note") to the Lender for the purpose of paying the cost, to that extent, of planning and designing improvements and extensions to the Utility; and Whereas, the City Council has also previ- ously authorized the issuance of its Sewer Revenue Capital Loan Notes Anticipation Pro- ject Note, Series 2021C, in a principal amount not to exceed $160,000 (the "Series 2021 C Project Note") (the Series 2021A Project Note, the Series 2021 B Project Note and the Series 2021 C Project Note are collectively referred to hereinafter as the "Project Notes") to the Lender for the purpose of paying the cost, to that extent, of planning and designing im- provements and extensions to the Utility; and Whereas, the City intended to refund the Project Notes by their scheduled maturity date on March 19, 2024, through the issuance of bonds or notes, but refunding proceeds were not yet available to the City; and Page 209 of 1311 Book 154 Regular Session, May 6, 2024 123 Whereas, the Lender has agreed to extend the maturity date of the Project Notes to Sep- tember 19, 2024, on the terms hereinafter set out. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA., AS FOLLOWS: Section 1. The maturity date of the Project Notes is hereby extended to September 19, 2024, and the Project Notes shall continue to bear interest at the rate of 0% per annum from the date hereof to their maturity. Section 2. The City Council hereby re- serves the right to prepay principal of the Pro- ject Notes in whole or in part at any time prior to the maturity thereof with accrued interest to the date of such payment. Section 3. The Mayor and City Clerk are hereby authorized and directed to enter into whatever legal documents are required by the Lender to effectuate the provisions of this resolution. Section 4. All resolutions or parts of resolu- tions in conflict herewith be and the same are hereby repealed, to the extent of such conflict. Passed and approved May 6, 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. 2024 — Q2 Update on Childcare Chal- lenges and Collaborations: Upon motion the documents were received and filed. 7. Burlington Street Water Main Improve- ment Project 2023: Project Acceptance and Resolution: Upon motion the documents were received and filed, and Resolution No. 106-24 Accepting Public Improvement Contract for the Burlington Street Water Main Improvement Project was adopted. RESOLUTION NO. 106-24 ACCEPTING PUBLIC IMPROVEMENT CON- TRACT FOR THE BURLINGTON STREET WATER MAIN IMPROVEMENT PROJECT Whereas, the public improvement contract for the Burlington Street Water Main Improve- ment Project (the Project) has been completed by the Contractor, Tschiggfrie Excavating of Dubuque, IA., (Contractor), the Water Depart- ment Director has examined the work and rec- ommends that the Project be accepted; and Whereas, the final contract amount is $351,987.11 of which retainage in the amount $18,214.95 shall be held for 30 days after ac- ceptance and approval, and paid at that time provided no claims from others are filed; and Whereas, the City Council finds that the recommendation of the Water Department Director should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The recommendation of the Wa- ter Department Director 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 final payment of $18,214.95 as provided in Iowa Code chapter 573.13. Passed, adopted, and approved this 6th day of May 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 8. Award of CY2024 Family Self Sufficien- cy Coordinator Grant: Upon motion the docu- ments were received and filed, and Resolution No. 107-24 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 was adopted. RESOLUTION NO. 107-24 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 Family Self -Sufficiency Program to be utilized for the salaries of program coordinators com- bining the funding for the FSS coordinators that serve Housing Choice Voucher (HCV) participants and/or Public Housing (PH) partic- ipants for Calendar Year 2024; and Whereas, the City of Dubuque has admin- istered Project Self -Sufficiency since Septem- ber 1987 that became the Family Self - Sufficiency (FSS) Program in July 1994; and Whereas, the City of Dubuque has re- ceived funding for an FSS coordinator contin- uously from 1994 thru 2019, 2021 thru 2023; 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, IA. 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 respective agencies in a timely fashion and as required by the U. S. Department of Housing and Urban Development. Page 210 of 1311 Book 154 Regular Session, May 6, 2024 124 Passed, approved, and adopted this 6th day of May 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 9. Five Flags Pyrotechnics Permit: City Manager recommended City Council approval of a permit to use pyrotechnics at a music per- formance at Five Flags on May 17, 2024. Up- on motion the documents were received, filed, and approved. 10. Request Approval to Hire a Temporary Summer Teen Night Supervisor Position for the 2024 Season: Upon motion the documents were received, filed, and approved. 11. 2024 Maintenance Dredging Project No. 1 - Award Public Improvement Contract Project Number: 5546000001-304-67990 Har- bor Area Dredging: Upon motion the docu- ments were received and filed, and Resolution No. 108-24 Awarding Public Improvement Construction Contract for the 2024 Mainte- nance Dredging Project No. 1 was adopted. RESOLUTION NO. 108-24 AWARDING PUBLIC IMPROVEMENT CON- STRUCTION CONTRACT FOR THE 2024 MAINTENANCE DREDGING PROJECT NO. 1 Whereas, sealed proposals have been submitted by contractors for the 2024 Mainte- nance Dredging Project No. 1, (the Project) pursuant to Resolution No. 74-24 and Notice to Bidders published on the City of Dubuque, IA. website and plan room service with statewide circulation on the 51h day of April 2024; and Whereas, said sealed proposal was opened and read on the 25th day of April 2024 and it has been determined that Newt Marine Service, of Dubuque, IA. submitted low bid in the amount of $312,000.00, and is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: 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 Pub- lic Improvement Construction Contract on be- half of the City of Dubuque for the Project, subject to the concurrence of the Iowa DNR and USFWS. Passed, adopted, and approved this 6th day of May 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 12. Kerper Court and Kerper Boulevard In- tersection Improvement Project (PROJECT 5521000047): Upon motion the documents were received and filed, and Resolution No. 109-24 Accepting the Kerper Court and Kerper Boulevard Intersection Improvement Project and authorizing final payment to the contractor was adopted. RESOLUTION NO. 109-24 ACCEPTING THE KERPER COURT AND KERPER BOULEVARD INTERSECTION IM- PROVEMENT PROJECT AND AUTHORIZ- ING FINAL PAYMENT TO THE CONTRAC- TOR Whereas, the Public Improvement Contract for the Kerper Court and Kerper Boulevard Intersection Improvement Project (the Project) has been completed by the contractor, Eastern Iowa Excavating and Concrete LLC (Contrac- tor), 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 $1,052,761.98; and Whereas, the Contractor has previously been paid $1,000,123.88, leaving a balance of $52,638.10; 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, IA.: Section 1. The recommendation of the City Engineer is approved, and the Project is here- by accepted. Section 2. The Director of Finance and Budget is hereby directed to pay the balance of the retainage of $52,638.10 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 6th day of May 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 13. Schmitt Island Sanitary Improvements Project: City Manager recommended City Council approval of the committee and author- ization to release an RFP for a consultant to assist with the design of the Schmitt Island Sanitary Improvements Project. Upon motion the documents were received, filed, and ap- proved. 14. Approval of an Easement Agreement for a Permanent Signage Easement across QWEST Corporation Property on John F. Kennedy Road as part of the Smart Traffic Routing with Efficient Traffic Signals (STREETS) Project: Upon motion the Page 211 of 1311 Book 154 Regular Session, May 6, 2024 125 documents were received and filed, and Reso- lution No. 110-24 Approving an agreement with QWEST Corporation for a grant of per- manent signage easement over QWEST Cor- poration Property on JFK Road as part of the STREETS Project, in the City of Dubuque, IA. was adopted. RESOLUTION NO. 110-24 APPROVING AN AGREEMENT WITH QWEST CORPORATION FOR A GRANT OF PERMANENT SIGNAGE EASEMENT OVER QWEST CORPORATION PROPERTY ON JFK ROAD AS PART OF THE STREETS PROJECT, IN THE CITY OF DUBUQUE, IA. Whereas, QWEST Corporation. has exe- cuted an Easement Agreement for a Grant of Permanent Signage Easement through, under and across Part of Lot 1 of US West Place in City of Dubuque, IA. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The City Council of the City of Dubuque, IA., hereby approves of the Ease- ment Agreement for a Grant of Permanent Signage Easement through, under and across Part of Lot 1 of US West Place in City of Dubuque, IA., a copy of which is attached hereto. Section 2. The City Manager and Mayor are hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection here- with. Passed, approved and adopted this 6th of May 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 15. Irrevocable License — 799 Locust Street: City Manager recommended City Council approve the irrevocable license for Cottingham & Butler at 799 Locust Street to encroach in the public right of way as de- scribed in the irrevocable license. Upon motion the documents were received, filed, and ap- proved. 16. Southwest Arterial / US52 Corridor Right -of -Way Survey & Replat: AECOM - Con- sultant Services Supplemental Agreement No. 1: Upon motion the documents were received and filed, and Resolution No. 111-24 Approv- ing the Consultant Professional Services - Supplemental Agreement No. 1 Between AECOM Technical Services, Inc. and the City of Dubuque to complete land survey and re - plating of property along the Southwest Arterial / US 52 Corridor from US Highway 20 to US Highway 61 / 151 was adopted. RESOLUTION NO. 111-24 APPROVING THE CONSULTANT PROFES- SIONAL SERVICES -SUPPLEMENTAL AGREEMENT NO. 1 BETWEEN AECOM TECHNICAL SERVICES, INC. AND THE CITY OF DUBUQUE TO COMPLETE LAND SURVEY AND REPLATING OF PROPERTY ALONG THE SOUTHWEST ARTERIAL / US52 CORRIDOR FROM US HIGHWAY 20 TO US HIGHWAY 61 / 151 Whereas, per the terms of the Memoran- dum of Understanding (MOU) and the Transfer of Roadway Jurisdiction (TOJ) Agreements between the City and the Iowa Department of Transportation, the City is responsible for the survey and replating of the highway corridor to allow for the roadway and interchange proper- ty to be conveyed from the City of the State of Iowa; and Whereas, now that the Southwest Arterial / US52 project is completed, the City retained AECOM Technical Services, Inc. to survey and plat the highway access control right-of-way, plating the interchange locations, plating right- of-way for the frontage roads, and identifying any potential excess remnant parcels. Once the replating of the highway access control right-of-way is completed from US 20 to US 61 / 151, the highway corridor property will be conveyed from the City of the State of Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That said Consultant Profes- sional Services - Supplemental Agreement No. 1 between AECOM Technical Services, Inc. and the City of Dubuque for to complete land survey and replating of property along the Southwest Arterial / US52 corridor from US Highway 20 to US Highway 61 / 151 is hereby approved. Section 2. That the City Manager be au- thorized and directed to execute said Consult- ant Professional Services - Supplemental Agreement No. 1 with AECOM Technical Ser- vices, Inc. Passed, adopted, and approved this 6th day of May 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 17. 2024 LEMHWA COPS Grant: City Manager recommended City Council approval to apply for the 2024 Law Enforcement Mental Health and Wellness Act (LEMHWA) Grant in the amount of $118,062.63. Upon motion the documents were received, filed, and approved. 18. Letter of support for Chronic Wasting Disease Ambassadors: City Manager recom- mended City Council approval of a letter of support for the Iowa Department of Natural Resources and Iowa State University Page 212 of 1311 Book 154 Regular Session, May 6, 2024 126 Extension to the Wildlife Society's Conserva- tion Education Award for their Chronic Wasting Disease (CWD) course. Upon motion the doc- uments were received, filed, and approved. 19. Letter of Support for Crescent Commu- nity Health Center's funding request for the Advance Cancer Prevention and Care for Blacks/African Americans Program: City Man- ager provided a copy of a letter of support to the Iowa Cancer Consortium Board of Direc- tors to fund Crescent Community Health Cen- ter's Advance Cancer Prevention and Care for Blacks/African Americans Program. Upon mo- tion the documents were received, filed, and approved. 20. Amended Citizen Participation Plan: Upon motion the documents were received and filed, and Resolution No. 112-24 Adopting the Amendment of the Citizen Participation Plan for the Community Development Block Grant Program was adopted. RESOLUTION NO. 112-24 ADOPTING THE AMENDMENT OF THE CIT- IZEN PARTICIPATION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Whereas, the City of Dubuque, through a public meeting proposed the Amended Citizen Participation Plan for the Community Devel- opment Block Grant Program; and Whereas, the Community Development Advisory Commission held a public meeting on April 17, 2024 to receive community input on the Amended Citizen Participation Plan for the Community Development Block Grant Pro- gram; and Whereas, the Community Development Advisory Commission unanimously recom- mended the City Council approve the Amend- ed Citizen Participation plan for the Communi- ty Development Block Grant Program on Jan- uary 17, 2024. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. THAT: Section 1. That the Amended Citizen Par- ticipation Plan for the Community Develop- ment Block Grant Program, attached hereto and by this reference made a part hereof, is hereby adopted. Section 2. The City Manager or his design- ee of the City of Dubuque is hereby authorized to direct staff to implement the Amended Citi- zen Participation Plan for the Community De- velopment Block Grant Program based on this adopted Plan. Passed, approved, and adopted this 6th day of May 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 21. 3000 Jackson Dubuque Brewing and Malting Project Update: Assistant Housing and Community Development Director Michael Belmont summarized recent updates on the building's demolition process and stated that surrounding streets should be opened next week. Motion by Resnick to receive and file the documents. Seconded by Farber. Motion carried 7-0. 22. Letter of Support for FY2025 Commu- nity Project Funding Request: City Manager provided a copy of a Letter of Support for Congresswoman Ashley Hinson's FY2025 Community Project Funding Request by Dubuque County for the Dubuque Community Y's new facility as part of their "We Can Be Great Here" Capital Campaign. Upon motion the documents were received, filed, and ap- proved. 23. Signed Contract(s): Memorandum of Understanding between the National League of Cities Institute and Creative Adventure Lab for the City Inclusive Entrepreneurship Pro- gram. Upon motion the documents were re- ceived and filed. 24. Proposed Amendment to I -NET agreement Exhibit A I -Net Sites between the City of Dubuque and MCC Iowa LLC (Media- com): Upon motion the documents were re- ceived, filed, and approved. 25. Approval of Retail Tobacco, Alternative Nicotine, and Vapor Product Permit Applica- tions: Upon motion the documents were re- ceived and filed, and Resolution No. 114-24 Approving applications for retail permits to sell Tobacco, Tobacco Products, Alternative Nico- tine Products, and Vapor Products, as required by Iowa Code §453A.47A was adopted. RESOLUTION NO. 114-24 APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES / NICO- TINE / VAPOR PERMITS, AS REQUIRED BY IOWA CODE 453A.47A Whereas, applications for Ciga- rette/Tobacco/Nicotine/Vapor Permit Sales have been submitted and filed with the City Clerk; and Whereas, the applicants have filed the proper application and fees as required by the Iowa Department of Revenue; and Whereas, the Iowa Department of Reve- nue requires all applications be approved by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. THAT: Section 1. The City Clerk is hereby author- ized and directed to cause to be issued the Page 213 of 1311 Book 154 Regular Session, May 6, 2024 127 following named applicants and locations for Cigarette/Tobacco/Nicotine/Vapor retail permit. Effective from: May 7, 2024, to June 30, 2024 Business Name, Business Address Dubuque Discount Gas, 10 South Main St. United Cigar and Tobacco, 333 East 10t' St. Passed, approved, and adopted this 6th day of May 2024. 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 Development Agreement by and between the City of Dubuque, IA. and Wilson House Apts, LLC Providing for the Issuance of Urban Renewal Tax Increment Revenue Grant Obligations Pursuant to the Development Agreement: Upon motion the documents were received and filed and Resolution No. 115-24 Fixing the date for a public hearing of the City Council of the City of Dubuque, IA. on a devel- opment agreement by and between the City of Dubuque, IA. and Wilson House Apts, LLC, including the proposed issuance of urban re- newal tax increment revenue obligations relat- ing 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 May 20, 2024 in the Historic Federal Building. RESOLUTION NO. 115-24 FIXING THE DATE FOR A PUBLIC HEAR- ING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. ON A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IA. AND WILSON HOUSE APTS., 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 Wilson House Apts., LLC have entered into a Development Agree- ment, subject to the approval of the City Coun- cil, a copy of which is now on file at the Office of the City Clerk, City Hall, 50 W. 13th Street, Dubuque, IA. for the development of property located at 1243 Locust Street; and Whereas, the City Council has tentatively determined that it would be in the best inter- ests of the City to approve the Development Agreement, with Wilson House Apts., 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 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 DUBUQUE, IA.: 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 May 2024, at 6:30 p.m. The official agenda will be posted on Friday, May 17, 2024, and will contain listening, viewing, and public input options. The City Council agenda can be ac- cessed at https://cityofdubugue.novusagenda. com/AgendaPublic/ or by contacting the City Clerk's Office at 563-589-4100, ct clerk cityofdubugue.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 Re- newal Tax Increment Revenue obligations and the execution of the Development Agreement relating thereto with Wilson House Apts, LLC, the proceeds of which obligations will be used to carry out certain of the special financing activities described in the Urban Renewal Plan for the Greater Downtown Urban Renewal District, consisting of the funding of economic developments grants to Wilson House Apts, LLC pursuant to the Development Agreement. It is expected that the aggregate amount of the Tax Increment Revenue obligations to be is- sued will be approximately $75,000. 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 attached hereto. Passed, approved and adopted this 6th day of May, 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk Page 214 of 1311 Book 154 Regular Session, May 6, 2024 128 2. Setting a Public Hearing for the 2024 Pavement Marking Project: Upon motion the documents were received and filed and Reso- lution No. 116-24 2024 Pavement Marking Project: preliminary approval of plans, specifi- cations, form of contract, and estimated cost; setting date of public hearing on plans, specifi- cations, 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 20, 2024 in the Historic Federal Building. RESOLUTION NO. 116-24 2024 PAVEMENT MARKING PROJECT - PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECI- FICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: The proposed plans, specifications, form of contract and estimated cost for the 2024 Pavement Marking Project in the estimated amount $247,500.00, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 20th 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, IA., at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and esti- mated cost of said Project, and the City Clerk be and is hereby directed to cause the at- tached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, IA., 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. The 2024 Pavement Marking Project is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bid- ders hereby approved. The City Engineer is hereby directed to ad- vertise for bids for the construction of the im- provements 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 23rd day of May 2024. 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 3rd day of June 2024, in the Historic Federal Building Council Chambers (and/or by virtual means) 350 West 6th Street, Dubuque, IA. Passed, adopted and approved this the 6th day of May 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Setting a Public Hearing for the Tama- rack Sanitary Sewer Extension Project (Project ID: 5581500001): Upon motion the documents were received and filed and Resolution No. 117-24 Tamarack Sanitary Sewer Extension Project: preliminary approval of plans, specifi- cations, form of contract, and estimated cost; setting date of public hearing on plans, specifi- cations, 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 20, 2024 in the Historic Federal Building. RESOLUTION NO. 117-24 TAMARACK SANITARY SEWER EXTEN- SION PROJECT - PRELIMINARY APPROV- AL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SET- TING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATED COST; AND OR- DERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The proposed plans, specifica- tions, form of contract and estimated cost for the Tamarack Sanitary Sewer Extension Pro- ject in the estimated amount $827,972.00, 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 May, 2024, at 6:30 p.m. in the Historic Federal Building Council Chambers (and/or by virtual means) 350 W. 6th Street, Dubuque, IA., at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, IA., which notice shall be published not less than four days nor more than twenty days prior to the date of such Page 215 of 1311 Book 154 Regular Session, May 6, 2024 129 hearing. 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 Tamarack Sanitary Sewer Extension Project is hereby ordered to be ad- vertised for bids for construction. Section 4. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. Section 5. The City Engineer is hereby 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 contrac- tor plan room service with statewide circula- tion, 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 6th day of June 2024. 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 17th day of June 2024, in the Historic Federal Building Council Chambers (and/or by virtual means) 350 West 6th Street, Dubuque, IA. Passed, approved and adopted this 6th day of May 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Setting a Public Hearing for the Twin Ridge Sanitary Sewer Extension and Lagoon Abandonment Project (Project ID: 5581500024): Upon motion the documents were received and filed and Resolution No. 118-24 Twin Ridge Sanitary Sewer Extension and Lagoon Abandonment Project: preliminary approval of plans, specifications, form of con- tract, and estimated cost; setting date of public hearing on plans, specifications, form of con- tract, 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 20, 2024 in the Historic Fed- eral Building. RESOLUTION NO. 118-24 TWIN RIDGE SANITARY SEWER EXTEN- SION AND LAGOON ABANDONMENT pro- ject - 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 DUBUQUE, IA.: Section 1. The proposed plans, specifica- tions, form of contract and estimated cost for the Twin Ridge Sanitary Sewer Extension and Lagoon Abandonment Project in the estimated amount $955,932.00, 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 May, 2024, at 6:30 p.m. in the Historic Federal Building Council Chambers (and/or by virtual means) 350 W. 6th Street, Dubuque, IA., at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, IA., which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or esti- mated cost of the Project. Section 3. The Twin Ridge Sanitary Sewer Extension and Lagoon Abandonment Project is hereby ordered to be advertised for bids for construction. Section 4. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. Section 5. The City Engineer is hereby 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 contrac- tor plan room service with statewide circula- tion, 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 6th day of June 2024. 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 17th day of June 2024, in the Historic Federal Building Council Chambers (and/or by virtual means) 350 West 6th Street, Dubuque, IA. Passed, approved and adopted this 6th day of May 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Setting a Public Hearing on the Granger Creek Lift Station Improvements: Upon motion the documents were received and filed and Resolution No. 119-24 Granger Creek Lift Sta- tion Improvements: 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 advertise- ment for bids was adopted setting a public Page 216 of 1311 Book 154 Regular Session, May 6, 2024 130 hearing for a meeting to commence at 6:30 p.m. on May 20, 2024 in the Historic Federal Building. RESOLUTION NO. 119-24 GRANGER CREEK LIFT STATION IM- PROVEMENTS - PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SET- TING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATED COST; AND OR- DERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The proposed plans, specifica- tions, form of contract and estimated cost for the Grander Creek Lift Station Improvements Project in the estimated amount $1,190,000.00, 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 20th day of May, 2024, at 6:30 p.m. in the Historic Federal Building Council Chambers (and/or by virtual means) 350 W. 6th Street, Dubuque, IA., at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, IA., which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or esti- mated cost of the Project. Section 3. The Granger Creek Lift Station Improvements Project is hereby ordered to be advertised for bids for construction. Section 4. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. Section 5. The City Engineer is hereby 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 contrac- tor plan room service with statewide circula- tion, 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 6th day of June 2024. 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 17th day of June 2024, in the Historic Federal Building Council Chambers (and/or by virtual means) 350 West 6th Street, Dubuque, IA. Passed, approved and adopted this 6th day of May 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Setting a Public Hearing for the North Grandview Avenue Pavement Rehabilitation Project: Upon motion the documents were received and filed and Resolution No. 120-24 North Grandview Avenue Pavement Rehabili- tation Project: preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 20, 2024 in the Historic Federal Building. RESOLUTION NO. 120-24 NORTH GRANDVIEW AVENUE PAVEMENT REHABILITATION PROJECT - 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 DUBUQUE, IA.: Section 1. The proposed plans, specifica- tions, form of contract and estimated cost for the North Grandview Avenue Pavement Re- habilitation Project in the estimated amount $582,948.00, 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 20th day of May, 2024, at 6:30 p.m. in the Historic Federal Building Council Chambers (and/or by virtual means) 350 W. 6th Street, Dubuque, IA., at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, IA., which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or esti- mated cost of the Project. Section 3. The North Grandview Avenue Pavement Rehabilitation Project is hereby Page 217 of 1311 Book 154 Regular Session, May 6, 2024 131 ordered to be advertised for bids for construc- tion. Section 4. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. Section 5. The City Engineer is hereby 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 contrac- tor plan room service with statewide circula- tion, 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 23rd day of May 2024. 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 3rd day of June 2024, in the Historic Federal Building Council Chambers (and/or by virtual means) 350 West 6th Street, Dubuque, IA. Passed, adopted, and approved this the 6th day of May 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7. Eagle Valley, Westbrook, and English Ridge Subdivision Parks Development Project Initiate Public Improvement Bidding Process and Set Public Hearing: Upon motion the doc- uments were received and filed and Resolution No. 121-24 Setting a public hearing for the Eagle Valley, Westbrook, and English Ridge Subdivision Parks Development Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 20, 2024 in the Historic Federal Building. RESOLUTION NO. 121-24 SETTING A PUBLIC HEARING FOR THE EAGLE VALLEY, WESTBROOK, AND ENG- LISH RIDGE SUBDIVISION PARKS DEVEL- OPMENT PROJECT Whereas, the City Council has designated funding for Eagle Valley, Westbrook, and Eng- lish Ridge Subdivision Parks; and Whereas, land parcels were donated by subdivision developers for Eagle Valley, West- brook, and English Ridge Subdivision Parks; and Whereas, the community was engaged in the planning process of Eagle Valley, West- brook, and English Ridge Subdivision Parks; and Whereas, plans and specifications have been prepared for the Eagle Valley, West- brook, and English Ridge Subdivision Parks; and Whereas, the City desires to hold a public hearing on the proposed Eagle Valley, West- brook, and English Ridge Subdivision Parks Development Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. THAT: Section 1. That the City Council will meet in the Historic Federal Building, Council Chambers, 2"d Floor, 350 West 6th Street, Dubuque, IA. at 6:30 p.m. on May 20, 2024, for the purpose of holding a public hearing and taking action to approve the Eagle Valley, Westbrook, and English Ridge Subdivision Parks Development Project. 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 intent to review and approve the Eagle Valley, Westbrook, and English Ridge Subdivision Parks Development Project. Passed, approved, and adopted this 6th day of May 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 8. Set Public Hearing for Disposition of City -Owned Property at 2601 Jackson St.: Upon motion the documents were received and filed and Resolution No. 122-24 Intent to dispose of an interest in City of Dubuque real estate to Timothy Johnson, setting a time and place for hearing, and providing for the publi- cation of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 20, 2024 in the Historic Fed- eral Building. RESOLUTION NO. 122-24 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE TO TIMOTHY JOHNSON, SETTING A TIME AND PLACE FOR HEARING, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, IA. (City) owns 2601 Jackson Street (the Property) le- gally described as: The Easterly 70 feet of Lot 376 in Davis Farm a part of Dubuque, in the City of Dubuque, IA., according to the recorded plat thereof; and Whereas, the City acquired the property through purchase in 2018; and Whereas, it is the recommendation of the Housing and Community Development De- partment to approve the purchase agreement for the sale to Timothy Johnson 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, IA.: Section 1. That the City of Dubuque, IA., proposes to approve the purchase agreement Page 218 of 1311 Book 154 Regular Session, May 6, 2024 132 of the above -described real estate to Timothy Johnson. Section 2. That the City Council shall con- duct a public hearing on the proposed pur- chase agreement in the City Council Cham- bers at the Historic Federal Building, 350 W. 61h Street, Dubuque, IA. on the 20t' day of May 2024, 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 attached hereto, according to law. Passed, approved, and adopted this 6m day of May 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 9. Set Public Hearing for the Fiscal Year 2024 Second Budget Amendment: Upon mo- tion the documents were received and filed and Resolution No. 123-24 Setting the date for the public hearing on Amendment No. 2 to the Fiscal Year 2024 Budget for the City of Dubu- que was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 20, 2024, in the Historic Federal Building. RESOLUTION NO. 123-24 SETTING THE DATE FOR THE PUBLIC HEARING ON AMENDMENT NO. 2 TO 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 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 DUBUQUE, IA.: Section 1. That the City Council shall con- duct a public hearing on proposed Amendment No. 2 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, IA., on Monday, May 20, 2024, 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, together with the required budget information. Passed, approved, and adopted this 6th day of May 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 10. Setting a Public Hearing for the Jule's Iowa Department of Transportation's Consoli- dated Funding: Upon motion the documents were received and filed and Resolution No. 124-24 Setting the date for a public hearing on Iowa DOT Consolidated Funding Application was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 17, 2024, in the Historic Federal Building. RESOLUTION NO. 124-24 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 citizens of Dubuque; and Whereas, the Iowa Department of Trans- portation (IDOT) is a pass -through funding entity 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 applying for the funds to be beneficial to the continued provision of transit service for the citizens of Dubuque. Whereas, The IDOT application will include requests and mandatory certifications by the City of Dubuque as follows: • From the State Transit Assistance Pro- gram: 2.47% of formula funds • Total: $470,237 • From federal funds for transit in non - urbanized areas and/or for transit serving primarily elderly persons and persons with disabilities: $45,560 • From statewide federal capital assistance for transit: $0 • 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 equipment 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 IDOT. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. A public hearing will be held as part of the City Council Meeting on June 17, 2024. 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, IA. The purpose of the hearing is to allow public comment on the Consolidated Funding Application. Page 219 of 1311 Book 154 Regular Session, May 6, 2024 133 Passed, adopted and approved this 6th day of May 2024. 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. 1. Zoning Board of Adjustment: One, 5- Year term through March 25, 2029 (Expired term of Kosel). Applicant: Gwen Kosel, 1130 Arrowhead Dr. Appointments were made to the following boards/commissions. 1. Civil Service Commission: One, 4-Year term through April 6, 2028 (Expiring term of Heathcote). Applicant: Carla Heathcote, 2529 Stafford St. — Selected by Mayor Cavanagh for appointment at the April 1, 2024, City Council meeting. Motion by Jones to approve the se- lection of Ms. Heathcote for reappointment to the 4-Year term through April 6, 2028. Se- conded by Wethal. Motion carried 7-0. PUBLIC HEARINGS 1. Resolution Approving a Proposed De- velopment Agreement by and among the City of Dubuque, IA., Woodward Communications, Inc., and WHKS & CO., Inc. Providing for the Issuance of Urban Renewal Tax Increment Revenue Grant Obligations Pursuant to the Development Agreement: Motion by Wethal to receive and file the documents and adopt Resolution No. 125-24 Approving a Develop- ment Agreement by and among the City of Dubuque, IA., Woodward Communications, Inc., and WHKS & Co., Inc. 799 Main, LLC including the issuance of urban tax increment revenue obligations. Seconded by Jones. City Council Members commended the work scheduled for the property. Motion carried 7-0. RESOLUTION NO. 125-24 APPROVING A DEVELOPMENT AGREE- MENT BY AND AMONG THE CITY OF DUBUQUE, IA., WOODWARD COMMUNI- CATIONS, INC., AND WHKS & CO., INC. 799 MAIN, LLC INCLUDING THE ISSUANCE OF URBAN TAX INCREMENT REVENUE OBLI- GATIONS Whereas, Woodward Communications, Inc. is the owner of the property legally de- scribed as follows: Parcel 1025201010: Lot 4, Lot 2 of Lot 5, Lot 1 of Lot 1 of Lot 5, all in Lorimer's Subdivision, and Lot A of Vacated West Ninth Street, in the City of Dubuque, IA., according to the recorded plats thereof Parcel 1025201012: Lot 2 of Lot 1 of Lot 5, Lot 6, Lot 7, Lot 8 and the East 50 feet of Lot 9, all in Lori- mer's Subdivision; Lot 1 of the Subdivi- sion of Lots 654 and 688, in the City of Dubuque, IA., according to the recorded plats thereof (the Property); and Whereas, the City Council, by Resolution No. 95-24, dated April 15, 2024, declared its intent to enter into a Development Agreement by and among the City of Dubuque, IA., Woodward Communications, Inc., and WHKS & Co., Inc between the City of Dubuque, IA., 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 De- velopment Agreement on May 6, 2024, 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 Woodward Communications, Inc., accord- ing to the terms and conditions set out in the Development Agreement, is in the public inter- est of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the Development Agree- ment by and among the City of Dubuque, IA., Woodward Communications, Inc., and WHKS & Co., Inc between the City of Dubuque, IA., and 799 Main, LLC, including the issuance of Urban Renewal Tax Increment Revenue Obli- gations, is hereby approved. Section 2. That the Mayor is hereby au- thorized and directed to execute the Develop- ment 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 May 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Public Hearing for Sale of City -Owned Lot at 627 Rhomberg Ave.: Motion by Sprank to receive and file the documents and adopt Resolution No. 126-24 Disposing of city inter- est in real property at 627 Rhomberg, in the City of Dubuque, IA. Seconded by Jones. Mo- tion carried 7-0. Page 220 of 1311 Book 154 Regular Session, May 6, 2024 134 RESOLUTION NO. 126-24 DISPOSING OF CITY INTEREST IN REAL PROPERTY AT 627 RHOMBERG, IN THE CITY OF DUBUQUE, IA. Whereas, the City Council, by Resolution No. 96-24, dated April 15, 2024, declared its intent to dispose of City interest in real proper- ty located at 627 Rhomberg Avenue (the Property) legally described as: Lot 2 of Lot 1 of Lot 35 in Cook's Addi- tion to the City of Dubuque, IA., accord- ing to the recorded plat thereof; and Whereas, pursuant to published notice, a public hearing was held on the proposed dis- position on May 6, 2024, at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, IA.; and Whereas, it is the determination of the City Council that approval of the purchase agree- ment for the sale to Karl Williams 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, IA.: Section 1. The purchase agreement by and between the City of Dubuque and Karl Wil- liams. for the sale of the Property, a copy at- tached 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 Karl Williams. 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 6th day of May 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk PUBLIC INPUT Catherine Sorenson, 2613 Jackson St., provided input regarding Item Set for Public Hearing No. 8, requesting the city trim a tree located on the property. ACTION ITEMS 1. 2024 Ken Kringle Awards Presentation: Motion by Resnick to receive and file the doc- uments and listen to the presentation. Se- conded by Farber. Planning Services Director Wally Wernimont introduced Historic Preserva- tion Commission Vice -Chairperson Thea De- ment, who made a presentation on the 2024 Ken Kringle Historic Preservation Awards. City Council Members praised the award recipients and their dedication to historic preservation. Motion carried 7-0. 2. Greater Dubuque Development Corpo- ration - Quarterly Update: Motion by Roussell to receive and file the documents and listen to the presentation. Seconded by Resnick. Presi- dent and CEO Rick Dickinson presented the quarterly update on the activities of the Great- er Dubuque Development Corporation (GDDC). Responding to questions from the City Council, Mr. Dickinson summarized the history of the Access Dubuque Jobs website and GDDC's support of the UAG program. Motion carried 7-0. 3. 2024 Dubuque Area Chamber of Com- merce Washington DC Fly -in Report: Motion by Farber to receive and file the documents and listen to the presentation. Seconded by Jones. Director of Strategic Partnerships Teri Goodmann provided a report on the 2024 Dubuque Area Chamber of Commerce Wash- ington DC Fly -in. Council Members thanked Ms. Goodmann for coordinating the event. Motion carried 7-0. 4. Reschedule Work Session: Inclusive Dubuque Update: Motion by Roussell to re- ceive and file the documents and update the work session start time to 6:00 p.m. on Mon- day, May 20, 2024. Seconded by Wethal. Mayor Cavanagh stated that he will miss the work session due to attending the American Flood Coalition Summit. Motion carried 7-0. 5. Work Session Request: Historic Millwork District Master Plan Update: Motion by Jones to receive and file the documents and re- schedule the work session to review the final draft of the Historic Millwork District Master Plan from 5:15 p.m. to 6:00 p.m. on Monday, May 20, 2024. Seconded by Sprank. Clarifica- tion from City Clerk Breitfelder that the re- quested start time of the work session is 5:15 p.m., and that the session is scheduled to con- clude at 6:00 p.m. Motion amended by Jones and seconded by Sprank to schedule the work session for 5:15 p.m. Motion carried 7-0. 6. Work Session Request: Equitable Pov- erty Reduction & Prevention Plan: Motion by Farber to receive and file the documents and schedule the work session for Monday, June 17, 2024, at 5:15 p.m. Seconded by Wethal. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Roussell reported on pre- senting at the Growing Sustainable Communi- ties Conference, attending Dubuque Trees Page 221 of 1311 135 Special Session, May 13, 2024 Book 154 Forever's Arbor Day Celebration, volunteering for Dubuque Days of Caring, and volunteering for Dubuque Main Street's Summer Farmer's Market. Council Member Sprank also reported on Dubuque Days of Caring, in addition to attend- ing the first responder's dinner, neighborhood association meetings, the groundbreaking for The Key Hotel on Chaplain Schmitt Island, and the opening day of the Dubuque Farmers Mar- ket. Mr. Sprank also reported on meetings with residents of Table Mound Mobile Home Park and an artist who is making a sculpture out of refurbished Comiskey Park playground equip- ment for Audubon Elementary. Council Member Farber congratulated Dr. Jeffrey Bullock on his retirement as President of the University of Dubuque. Ms. Farber also reported on attending the Visiting Nurses As- sociation (VNA)'s golf fundraiser and the up- coming Millwork Night Market. Council Member Jones also reported on at- tending The Key Hotel groundbreaking. Mr. Jones additionally reported on the recent adoption of the Dubuque Metropolitan Solid Waste Agency's Strategic Plan, delivering re- marks at a Workers Memorial Day event, and the Fire Department's Hall of Fame Awards. Mayor Cavanagh reported on three recent events that occurred: the Growing Sustainable Communities Conference, the Julien Dubuque International Film Festival, and the University of Iowa's Initiative for Sustainable Communi- ties Partnership. City Manager Van Milligen stated that Council Member Wethal recently had an op-ed on school safety published in the Telegraph Herald. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 8:47 p.m. to discuss Pending Litigation and Purchase or Sale of Real Estate — Chap- ter 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. 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. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 10:34 p.m. /s/Adrienne N. Breitfelder, CIVIC, 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 May 13, 2024, in Con- ference Room B of City Hall, 50 W. 13th Street. 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 setting a public hear- ing for the PRICE Grant Application. ITEMS SET FOR PUBLIC HEARING 1. Set Public Hearing for the PRICE Grant Application: Motion by Roussell to receive and file the documents, adopt Resolution No. 127- 24 Setting a public hearing to solicit public input for the City of Dubuque PRICE Grant Application to be submitted to the U.S. De- partment of Housing and Urban Development by June 5, 2024, and set the public hearing for 5:15 p.m. on May 29, 2024, in the Historic Federal Building. Seconded by Farber. Motion carried 7-0. RESOLUTION NO. 127-24 SETTING A PUBLIC HEARING TO SOLICIT PUBLIC INPUT FOR THE CITY OF DUBU- QUE PRICE GRANT APPLICATION TO BE SUBMITTED TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT BY JUNE 5, 2024 Whereas, the City of Dubuque has pre- pared a proposed application for the PRICE competitive grant application to submit to the U.S. Department of Housing and Urban De- velopment for consideration; and Whereas, the City desires to hold a public hearing to receive public input on the proposed PRICE grant application and the proposed project to be undertaken with grant funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the City Council will meet in the Historic Federal Building, Council Chambers, 2"d Floor, 350 West 6"' Street, Dubuque, IA. at 5:15 p.m. on May 29, 2024, for the purpose of holding a public hearing, soliciting public input and approving the sub- mission of the PRICE grant application to the U.S. Department of Housing and Urban De- velopment. Page 222 of 1311 136 Special Session, May 20, 2024 Book 154 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 intent to review, solicit public input and ap- prove the submission of the PRICE grant ap- plication. Passed, approved and adopted this 13th day of May 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 5:16 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 5:15 p.m. on May 20, 2024, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 61h Street. Present: Mayor Pro Tern Jones; Council Members Farber, Resnick (joined virtually by 5:45 p.m.), Roussell, Sprank, Wethal; City Manager Van Milligen, City Attorney Brumwell. Absent: Mayor Cavanagh. Mayor Pro Tern Jones read the call and stated this is a special session of the City Council called for the purpose of conducting work sessions on the Historic Millwork District Master Plan and Inclusive Dubuque. WORK SESSIONS 1. Historic Millwork District Master Plan Update Bolton & Menk, Inc. Senior Urban Designer Andrew Dresdner presented the final draft of the Historic Millwork District Master Plan Up- date and responded to questions from the City Council regarding stakeholder engagement, parking availability, and potential uses of spe- cific buildings. This work session concluded at 5:52 p.m. The City Council recessed until 6:00 p.m. 2. Inclusive Dubuque Community Foundation of Greater Dubu- que Equity Officer Clara Lopez Ortiz and Vice President of Impact Mary Jo Jean Francois presented an update on Inclusive Dubuque activities. A suggestion was made by the City Council to collect data on digital literacy. Addi- tionally, the City Council provided feedback on the implementation process for a translator program. There being no further business, Mayor Pro Tern Jones declared the meeting ad- journed at 6:28 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk Page 223 of 1311 137 Regular Session, May 20, 2024 Book 154 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 20, 2024, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6` Street. Present: Mayor Pro Tern Jones; Council Members Farber, Resnick (attended virtually), Roussell, Sprank, Wethal; City Manager Van Milligen, City Attorney Brumwell. Absent: Mayor Cavanagh. Mayor Pro Tern Jones 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 City Clerk Breitfelder announced that Pub- lic Hearing No. 4 was removed from the meet- ing. PROCLAMATION(S) 1. Apples for Students Months (May - July 2024) was accepted by Beth McGorry on be- half of St. Mark Youth Enrichment. 2. Summer Learning Week (July 15 - 19, 2024) was accepted by Beth McGorry on be- half of the Summer Learning Cooperative. 3. Jewish American Heritage Month (May 2024) was accepted by Council Member Far- ber on behalf of Temple Beth El. 4. LGBTQ+ Pride Month (June 2024) was accepted by Chuck Harris on behalf of the Multicultural Family Center's Pride Festival 2024 Committee. CONSENT ITEMS Motion by Roussell 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: Airport Commission of March 26, 2024; Arts & Cultur- al Affairs of March 26, 2024; City Council Pro- ceedings of May 6 and 13, 2024; Civil Service Commission of April 10, 2024; Community Development Advisory Commission of March 20, 2024; Zoning Advisory Commission Unap- proved Minutes of May 1, 2024; Proof of Publi- cation for City Council Amended Proceedings of April 15 and 22, 2024; Proof of Publication for City Council Amended Proceedings of April 4 and 15, 2024. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Paul and Paula Herrig for vehicle damage; Southend Tap LLC for property damage; Stacey Humke for vehicle 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: Paul Herrig for vehicle damage; South- end Tap LLC for property damage; Stacey Humke for vehicle damage. Upon motion the documents were received, filed, and con- curred. 4. Approval of City Expenditures: Upon motion the documents were received and filed, and Resolution No. 128-24 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. 128-24 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 generally accepted internal control procedures and have been determined to have been req- uisitioned for a lawful municipal purpose; and Whereas, the Chief Financial Officer -City Treasurer has provided a list of Expenditures attached hereto, and by this reference made a part hereof, to be drawn to pay for goods and services provided for City purposes; and Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142-18 adopted May 7, 2018, authorized the Chief Financial Officer -City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City Page 224 of 1311 Book 154 Regular Session, May 20, 2024 138 Council approval and such list is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. 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 Financial Officer are hereby authorized and directed to provide the statement of receipts and disbursements to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 201n day of May 2024. Ric W. Jones, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 5. Resolution of Support for Workforce Housing Tax Credit Application by 799 Main, LLC: Upon motion the documents were re- ceived and filed, and Resolution No. 129-24 Supporting the submission of an Iowa Eco- nomic Development Authority (IEDA) applica- tion to the Workforce Housing Tax Credit Pro- gram by 799 Main, LLC was adopted. RESOLUTION NO. 129-24 SUPPORTING THE SUBMISSION OF AN IOWA ECONOMIC DEVELOPMENT AU- THORITY (IEDA) APPLICATION TO THE WORKFORCE HOUSING TAX CREDIT PROGRAM BY 799 MAIN, LLC Whereas, 799 Main, LLC proposes to con- struct thirty-six (36) multi -family residential units and invest Twelve Million Dollars $12,000,000 in the construction of the units (the Project); and Whereas, the Project will support the City's efforts to create new housing opportunities for a growing workforce within the community; and Whereas, 799 Main, LLC has committed a significant amount of private financing to the Project; and Whereas, the Project is located in the Greater Downtown Urban Renewal Area which has been so designated by City Council Reso- lution 123-67, on May 18, 1967 as a slum and blighted area (the Project Area) defined by Iowa Code Chapter 403 (the Urban Renewal Law); and Whereas, pursuant to Iowa Code Section 403.6(1), and in conformance with the Urban Renewal Plan for the Project Area adopted on May 18, 1967, and last amended on Decem- ber 18, 2023, City has the authority to enter into contracts and agreements to implement the Urban Renewal Plan, as amended, includ- ing the issuance of Economic Development Grants and Urban Tax Increment Revenue Obligations; and Whereas, the City and 799 Main, LLC en- tered into a Development Agreement dated July 17, 2023, including the issuance of Eco- nomic Development Grants and Urban Tax Increment Revenue Obligations, as amended (the Agreement) by Resolution No. 233-23; and Whereas, 799 Main, LLC's application to the Workforce Housing Tax Credit Program, a copy of which is attached hereto and by this reference made a part hereof, will provide necessary tax credits and other benefits which will directly contribute to the success of the Project; and Whereas, the City supports said applica- tion to the Workforce Housing Tax Credit Pro- gram by 799 Main, LLC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the City Council of the City of Dubuque hereby supports the submission of an Iowa Economic Development Authority Application to the Workforce Housing Tax Credit Program by 799 Main, LLC for neces- sary tax credits and other benefits directly con- tributing to the success of the Project at 799 Main Street, Dubuque, IA. 52001. Passed, approved and adopted this 20th day of May 2024. Ric W. Jones, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 6. Resolution of Support for Workforce Housing Tax Credit Application by Farley & Loetscher, LLC: Upon motion the documents were received and filed, and Resolution No. 130-24 Supporting the submission of an Iowa Economic Development Authority (IEDA) ap- plication to the Workforce Housing Tax Credit Program by Farley & Loetscher, LLC was adopted. RESOLUTION NO. 130-24 SUPPORTING THE SUBMISSION OF AN IOWA ECONOMIC DEVELOPMENT AU- THORITY (IEDA) APPLICATION TO THE WORKFORCE HOUSING TAX CREDIT PROGRAM BY FARLEY & LOETSCHER, LLC Whereas, the City of Dubuque (City) and Farley & Loetscher, LLC entered into a Devel- opment Agreement dated September 5, 2023, as amended, including the issuance of Eco- nomic Development Grants and Urban Tax Increment Revenue Obligations (the Agree- ment); and Page 225 of 1311 Book 154 Regular Session, May 20, 2024 139 Whereas, Farley & Loetscher, LLC pro- poses to construct One Hundred Twenty -Six (126) multi -family residential units and invest Thirty -Six Million Three Hundred Thousand Dollars $36,300,000 in the construction of the units (the Project); and Whereas, the Project will support the City's efforts to create new housing opportunities for a growing workforce within the community; and Whereas, Farley & Loetscher, LLC has committed a significant amount of private fi- nancing to the Project; and Whereas, the Project is located in the Greater Downtown Urban Renewal Area which has been so designated by City Council Reso- lution 123-67, on May 18, 1967, as a slum and blighted area (the Project Area) defined by Iowa Code Chapter 403 (the Urban Renewal Law); and Whereas, pursuant to Iowa Code Section 403.6(1), and in conformance with the Urban Renewal Plan for the Project Area adopted on May 18, 1967, and last amended on Decem- ber 18, 2023, City has the authority to enter into contracts and agreements to implement the Urban Renewal Plan, as amended, includ- ing the issuance of Economic Development Grants and Urban Tax Increment Revenue Obligations; and Whereas, Farley & Loetscher, LLC's appli- cation to the Workforce Housing Tax Credit Program, a copy of which is attached hereto and by this reference made a part hereof, will provide necessary tax credits and other bene- fits which will directly contribute to the success of the Project; and Whereas, the City supports said applica- tion to the Workforce Housing Tax Credit Pro- gram by Farley & Loetscher, LLC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the City Council of the City of Dubuque hereby supports the submission of an Iowa Economic Development Authority Application to the Workforce Housing Tax Credit Program by Farley & Loetscher, LLC for necessary tax credits and other benefits direct- ly contributing to the success of the Project at 801 Jackson Street, Dubuque, IA. 52001. Passed, approved and adopted this 20th day of May 2024. Ric W. Jones, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 7. Fiscal Year 2025 Detailed Budget for Grand River Center: Upon motion the docu- ments were received and filed. 8. Fourth Amendment to Management Agreement Between the City of Dubuque, IA. and ASM Global: Upon motion the documents were received and filed, and Resolution No. 131-24 Approving the Fourth Amendment to the Management Agreement between the City of Dubuque, IA. and ASM Global was adopted. RESOLUTION NO. 131-24 APPROVING THE FOURTH AMENDMENT TO THE MANAGEMENT AGREEMENT BE- TWEEN THE CITY OF DUBUQUE, IA. AND ASM GLOBAL Whereas, the City of Dubuque (City) and SMG entered into a Management Agreement dated for reference purposes June 21, 2004; and Whereas, SMG merged into ASM Global; and Whereas, pursuant to the Third Amend- ment to the Agreement, the term of the Agreement was extended to June 30, 2024; and Whereas, the parties now desire to amend the Agreement as set forth in the attached Fourth Amendment extending the Term to June 30, 2025; and Whereas, the City Council of the City of Dubuque finds that the Fourth Amendment to the Agreement is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE 10- WA AS FOLLOWS: Section 1. The Fourth Amendment to the Management Agreement attached hereto is hereby approved. Section 2. The City Manager is hereby au- thorized and directed to sign the Fourth Amendment on behalf of the City of Dubuque. Passed, approved and adopted this 20th day of May 2024. Ric W. Jones, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 9. Fully Executed Agreement - USDA For- est Service Urban & Community Forest Pro- gram Grant: Upon motion the documents were received and filed. 10. Final Plat of The Farm: Upon motion the documents were received and filed, and Resolution No. 132-24 Authorizing approval of the Final Plat of The Farm, in the City of Dubuque, IA. was adopted. RESOLUTION NO. 132-24 AUTHORIZING APPROVAL OF THE FINAL PLAT OF THE FARM, IN THE CITY OF DUBUQUE, IA. Whereas, there has been filed with the City Clerk a Final Plat of The Farm, in the City of Dubuque, IA.; 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 Page 226 of 1311 Book 154 Regular Session, May 20, 2024 140 said final plat has dedicated to the public for- gineer. The temporary cul-de-sacs to re - ever; and ceive bituminous without curb and gutter, Whereas, upon said final plat appear Lot B all in accordance with the City's standard and Lot C, which the owner by said final plat specifications in a manner acceptable to has dedicated to the public forever as road the City Engineer, in conformance with right of way of West 32"d Street; and construction improvement plans ap- Whereas, upon said final plat appear cer- proved by the City Engineer and inspect- tain public utility, emergency services access ed and approved by the City Engineer. easement, and storm drainage easements, (b) To grade Public Park (Outlot G) in ac- which the owner by said final plat has dedicat- cordance with the City of Dubuque ed to the public forever; and standard specifications in a manner ac- Whereas, upon said final plat appears Out- ceptable to the City Engineer and Leisure lot G (for Public Park), and certain water main, Services Manager, in conformance with sanitary sewer, storm sewer, and temporary construction improvement plans ap- cul-de-sac easements, which the owner by proved by the City Engineer, and in - said final plat has dedicated to the City of spected and approved by the City Engi- Dubuque forever; and neer. Whereas, said final plat has been reviewed (c) To install public sanitary sewer mains by the City Planner and his approval has been and private sewer service laterals into endorsed thereon, subject to the owner's each individual lot, public water mains agreeing to the conditions specified herein; and private water service laterals into and each individual lot, private storm water Whereas, said final plat has been exam- detention basins, private storm sewers, ined by the City Council and the City Council public storm sewers and catch basins, find the final plat conforms to the applicable public boulevard street lighting, public fi- statutes and ordinances, except that streets ber optic conduit and vaults, and erosion and public utilities have not yet been complete- control devices all in accordance with the ly constructed or installed. City of Dubuque standard specifications NOW THEREFORE, BE IT RESOLVED in a manner acceptable to the City Engi- BY THE CITY COUNCIL OF THE CITY OF neer, and in accordance with construc- DUBUQUE, IA.: tion improvement plans approved by the Section 1. That the dedication of Tiffany City Engineer, and inspected and ap- Court, Uphill Both Ways Road, Linger Longer proved by the City Engineer, and to co - Lane, and Holy Moly Place (all in Lot A), Lot B ordinate with a private utility company for and Lot C (West 32nd Street Right of Way), the installation of private fiber to each Out lot G (for Public Park), together with cer- residential lot in the subdivision. tain water main, sanitary sewer, storm sewer, (d) To construct accessible sidewalk ramps and temporary cul-de-sac easements, as they at each intersection and street crossings appear on said final plat, to the City of Dubu- in accordance with City of Dubuque que be and the same are hereby accepted; Standards and Specifications, all in a and manner acceptable to the City Engineer, Section 2. That the Final Plat of The Farm and in accordance with the construction is hereby approved, and the Mayor and City improvement plans approved by the City Clerk are hereby authorized and directed to Engineer and inspected and approved by endorse the approval of the City of Dubuque, the City Engineer. IA., upon said final plat, provided the owners of (e) To construct accessible concrete side - said property herein named, execute their writ- walk across all lots on the Final Plat des - ten acceptance of the attached conditions and ignated to be dedicated to the City of further agree: Dubuque (Outlot G and Outlot E) in ac- (a) To reduce Tiffany Court (unimproved cordance with the City's standards and 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 acceptable to the City Engineer, in con- City of Dubuque Standards and Specifi- formance with construction improvement cations, all in a manner acceptable to the plans approved by the City Engineer, and City Engineer, and in accordance with inspected and approved by the City En- the construction improvement plans ap- Page 227 of 1311 Book 154 Regular Session, May 20, 2024 141 proved by the City Engineer and inspect- ed and approved by the City Engineer. (g) To regrade the existing southern em- bankment and reconstruct the existing bike/hike trail along the Northwest Arteri- al roadway in accordance with City of Dubuque Standards and Specifications, all in a manner acceptable to the City Engineer, and in accordance with the construction improvement plans ap- proved by the City Engineer and inspect- ed and approved by the City Engineer. (h) To construct the improvements outlined above within three years from the date of acceptance of this resolution, at the sole expense of the owners, or future owner. (i) To maintain the improvements outlined above for a period of two (2) years from the date of the acceptance of those im- provements by the City Council of the City of Dubuque, IA., at the sole final ex- pense of the owners, or future owner. Q) That access to the Northwest Arterial is prohibited from all lots within The Farm except for the right-in/right-out only inter- section at the Northwest Arterial and Up- hill Both Ways Road. (k) To provide security for the performance of the foregoing conditions specified in this resolution in the amount of 110% of the estimated Qualified Costs of the pub- lic improvements outlined above, in such form and with such sureties as may be acceptable to the City Manager of the City of Dubuque, IA., and to provide con- struction inspection fees in the amount of 3% of the estimated Qualified Costs of the public improvements. 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). Per City Code Chapter 16-11-16 (Sidewalks), sidewalk installation shall be re- quired when the development of a lot has been completed. Per City Code Chapter 16-11-16 (Sidewalks), all vacant lots shall have side- walks installed upon development of eighty percent (80%) of the lots shown on the ap- proved final plat. Section 4. That the owner must construct and maintain erosion control devices in The Farm which control erosion and prevent sedi- ment from leaving the site. The owner shall be responsible for maintenance of the all storm water detention facilities and appurtenances located on Outlots B, D, and K of The Farm 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 removal and deicing, until such time as the development 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 appropriate right of way to the City. Section 6. That the owner must construct and maintain an emergency services access roadway across Outlot 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 ad- jacent 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 certification of the City Engineer to the City Council that the public improvements have been completed in accordance with the ap- proved improvement plans and City standards and specifications and accepted by City Coun- cil Resolution. Section 10. That within 60 days of execu- tion of acceptance of this Resolution Switch Homes, LLC will convey to the City of Dubu- que all rights of access to the Northwest Arte- rial at Highway Station 73+00, method of con- veyance to be as mutually agreed upon by Switch Homes, LLC and City. That within 60 days of execution of acceptance of this Reso- lution, 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 May 2024. Ric W. Jones, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk Page 228 of 1311 Book 154 Regular Session, May 20, 2024 142 Acceptance Of Resolution No. 132-24 I, the undersigned, Matthew T. Mulligan, representing Switch Homes, LLC, having read the terms and conditions of the Resolution No. 132- 24 and being familiar with the conditions thereof hereby accept this same and agree to the conditions required therein. Dated in Dubuque, IA. this 17th day of May 2024. /s/Matthew T. Mulligan, Switch Homes, LLC 11. Maus Park Lake Pump Station Culvert Repair Project Acceptance of Public Improve- ments and Contract - Project Number: 558650003: Upon motion the documents were received and filed, and Resolution No. 133-24 Accepting the Maus Park Lake Pump Station Culvert Repair Project and authorizing final payment to the contractor was adopted. RESOLUTION NO. 133-24 ACCEPTING THE MAUS PARK LAKE PUMP STATION CULVERT REPAIR PROJECT AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Maus Park Lake Pump Station Culvert Repair Project (the Project) has been complet- ed by Tschiggfrie Excavating (the 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 $527,942.00; and Whereas, the Contractor has previously been paid $501,544.90, leaving a balance of $26,397.10; 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, IA.: Section 1. The recommendation of the City Engineer is approved, and the Project is here- by accepted. Section 2. The Chief Financial Officer is hereby directed to pay to the Contractor the balance of the retainage of $26,397.10 as pro- vided in Iowa Chapter 573, and to pay such retainage only in accordance with the provi- sions of Iowa Code Chapter 573 or Iowa Code Chapter 26.13. Passed, approved and adopted this 20th day of May 2024. Ric W. Jones, Mayor Pro Tern Attest: Adrienne Breitfelder, City Clerk 12. Upper Bee Branch Creek Restoration Railroad Sanitary Interceptor Crossing Project (part of Phase IV of the Bee Branch Water- shed Flood Mitigation Project) - Project #5581500003: Acceptance of Public Improve- ments and Contract: Upon motion the docu- ments were received and filed, and Resolution No. 134-24 Accepting the Upper Bee Branch Creek Restoration Railroad Sanitary Intercep- tor Crossing Project and authorizing final pay- ment to the contractor was adopted. RESOLUTION NO. 134-24 ACCEPTING THE UPPER BEE BRANCH CREEK RESTORATION RAILROAD SANI- TARY INTERCEPTOR CROSSING PROJECT AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Upper Bee Branch Creek Restoration Railroad Sanitary Interceptor Crossing Project (the Project) has been completed by Engineer- ing & Construction Innovations, Inc (the 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 $3,289,254.55; and Whereas, the Contractor has previously been paid $3,124,791.82, leaving a balance of $164,462.73; 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, IA.: Section 1. The recommendation of the City Engineer is approved, and the Project is here- by accepted. Section 2. The Chief Financial Officer is hereby directed to pay to the Contractor the balance of the retainage of $164,462.73 as provided in Iowa Chapter 573, and to pay such retainage only in accordance with the provi- sions of Iowa Code Chapter 573 or Iowa Code Chapter 26.13. Passed, approved and adopted this 20th day of May 2024. Ric W. Jones, Mayor Pro Tern Attest: Adrienne Breitfelder, City Clerk 13. Award Recording Memo 2024 ADA Sidewalk Curb Ramp Project One: Upon mo- tion the documents were received and filed, and Resolution No. 135-24 Awarding Public Improvement Contract for the 2024 ADA Sidewalk Curb Ramp Project One was adopt- ed. RESOLUTION NO. 135-24 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE 2024 ADA SIDEWALK CURB RAMP PROJECT ONE Whereas, sealed proposals have been submitted by contractors for the 2024 ADA Sidewalk Curb Ramp Project One, (the Pro- ject) and Notice to Bidders published on the City of Dubuque, IA. website and plan room Page 229 of 1311 Book 154 Regular Session, May 20, 2024 143 service with statewide circulation on the 23rd day of April 2024; and Whereas, said sealed proposals were opened and read on the 3rd day of May 2024 and it has been determined that Midwest Con- crete, Inc. of Dubuque, IA submitted the low bid in the amount of $98,703.00, and is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: That a Public Improvement Contract for the Project is hereby awarded to Midwest Con- crete, Inc. 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 May 2024. Ric W. Jones, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 14. Award Recording Memo 2024 ADA Sidewalk Curb Ramp Project Two: Upon mo- tion the documents were received and filed, and Resolution No. 136-24 Awarding Public Improvement Contract for the 2024 ADA Sidewalk Curb Ramp Project Two was adopt- ed. RESOLUTION NO. 136-24 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE 2024 ADA SIDEWALK CURB RAMP PROJECT TWO Whereas, sealed proposals have been submitted by contractors for the 2024 ADA Sidewalk Curb Ramp Project Two, (the Pro- ject) and Notice to Bidders published on the City of Dubuque, IA. website and plan room service with statewide circulation on the 23rd day of April 2024; and Whereas, said sealed proposals were opened and read on the 3rd day of May 2024 and it has been determined that Midwest Con- crete, Inc. of Dubuque, IA submitted the low bid in the amount of $154,422.00, and is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: That a Public Improvement Contract for the Project is hereby awarded to Midwest Con- crete, Inc. 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 May 2024. Ric W. Jones, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 15. Award Recording Memo Catherine Street Storm Sewer Project: Upon motion the documents were received and filed, and Reso- lution No. 137-24 Awarding Public Improve- ment Contract for the Catherine Street Storm Sewer Project was adopted. RESOLUTION NO. 137-24 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE CATHERINE STREET STORM SEWER PROJECT Whereas, sealed informal bid proposals have been submitted by contractors for the Catherine Street Storm Sewer Project, (the Project) and Notice to Bidders published on the City of Dubuque, IA. website on the 23rd day of April 2024; and Whereas, said sealed informal bid pro- posals were opened and read on the 9th day of May 2024, and it has been determined that Temperley Excavating Co. of East Dubuque, IL submitted the low bid in the amount of $64,090.93, and is the lowest responsive, re- sponsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That a Public Improvement Construction Contract for the Project is hereby awarded to Temperley Excavating Co. and the City Manager is hereby directed to execute said Contract on behalf of the City of Dubuque for the Project. Passed, adopted, and approved this 20th day of May 2024. Ric W. Jones, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 16. Schmitt Island Amphitheater Consult- ant Service Agreement Amendment - Project Number: 3049900010: Upon motion the doc- uments were received and filed, and Resolu- tion No. 138-24 Approving Consultant Profes- sional Services — Agreement Amendment No. 1 between the City of Dubuque and RDG Planning and Design for the Destination Iowa Schmitt Island Amphitheater Project was adopted. RESOLUTION NO. 138-24 APPROVING CONSULTANT PROFESSION- AL SERVICES — AGREEMENT AMEND- MENT NO. 1 BETWEEN THE CITY OF DUBUQUE AND RDG PLANNING AND DE- SIGN FOR THE DESTINATION IOWA SCHMITT ISLAND AMPHITHEATER PRO- JECT Whereas, the City Council approved the selection of RDG Planning & Design for the service related to the Destination Iowa Schmitt Island Amphitheater project; and Whereas, the initial scoping phase of the project is completed and the design is ready to Page 230 of 1311 Book 154 Regular Session, May 20, 2024 144 be advanced, an Amendment to the original Agreement is necessary to increase the reim- bursement amount by an additional $1,133,245; and Whereas, Agreement Amendment No. 1 approves additional services to the original contract agreement scope of services for RDG for the Destination Iowa Schmitt Island Amphi- theater Project; and Whereas, the City Council finds that it is in the best interest of the City of Dubuque to ap- prove the Agreement Amendment No. 1 at- tached hereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA., THAT: Section 1. That Professional Design Ser- vices - Agreement Amendment No. 1 with RDG Planning and Design for the Destination Iowa Schmitt Island Amphitheater Project is hereby approved. Section 2. The Mayor is authorized and di- rected to execute the Professional Design Services — Agreement Amendment No.1 with RDG Planning and Design. Passed, approved and adopted this 20th day of May 2024. Ric W. Jones, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 17. Irrevocable License — 902 Main St.: Upon motion the documents were received, filed, and approved. 18. US Highway 20 / Swiss Valley Road In- terchange Project City Water Main Relocation and Storm Sewer Improvements Recommend Approval of Iowa DOT Preconstruction Fund- ing Agreement - Iowa DOT Agreement No. 2020-6-036 Iowa DOT Project No. NHSX-020- 9 (183)--3H-3: Upon motion the documents were received and filed, and Resolution No. 139-24 Approving the Preconstruction Funding Agreement (Agreement No. 2020-6-036) be- tween the City of Dubuque and Iowa Depart- ment of Transportation for City Water Main Relocation and Storm Sewer Improvements associated with the completed US Highway 20 / Swiss Valley Road Interchange Project was adopted. RESOLUTION NO. 139-24 APPROVING THE PRECONSTRUCTION FUNDING AGREEMENT (AGREEMENT NO. 2020-6-036) BETWEEN THE CITY OF DUBUQUE AND IOWA DEPARTMENT OF TRANSPORTATION FOR CITY WATER MAIN RELOCATION AND STORM SEWER IMPROVEMENTS ASSOCIATED WITH THE COMPLETED US HIGHWAY 20 / SWISS VALLEY ROAD INTERCHANGE PROJECT Whereas, the US Highway 20 Swiss Valley Interchange Project (Project) recently com- pleted by the Iowa Department of Transporta- tion (Iowa DOT) impacted City water main and also resulted in the construction of Airborne Road and the extension of Chesterfield Drive; and Whereas, the Iowa DOT was responsible for the design, bid letting, contract administra- tion, and construction inspection of the Project and associated improvements; and Whereas, in accordance with the provi- sions of Iowa Administrative Code, the City is responsible for all costs associated with the relocation, modification or adjustment of the City's public utilities that are impacted by the Project; and Whereas, in accordance with the provi- sions of Iowa Administrative Code, the City will reimburse the Iowa DOT for its share of the actual Project cost incurred; and Whereas, as a result of the Project, the City collaborated with the Iowa DOT to reroute impacted water main and construct new water main along Cottingham Road and North Cas- cade Road at a final cost of $752,674.72; and Whereas, as a result of the Project and the extension of Chesterfield Drive to serve the Barrington Lakes Subdivision, the urban street design required the installation of storm sew- ers to convey storm water drainage at a final cost of $90,914.50. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. City of Dubuque and the Iowa Department of Transportation hereby agree to partner on the US Highway 20 Swiss Valley Interchange Project, Iowa DOT Project No. NHSX-020-9 (183)--3H-31. Section 2. In accordance with the provi- sions of Iowa Administrative Code, the City is responsible for all costs associated with the relocation, modification or adjustment of the City's public utilities that are impacted by the Project. Section 3. City hereby agrees to reimburse the Iowa DOT for all costs associated with the relocation, modification or adjustment of the City's public utilities that are impacted by the Project. Section 4. The Mayor is hereby authorized to execute the Preconstruction Funding Agreement (Agreement No. 2020-6-036), be- tween the City of Dubuque and the Iowa De- partment of Transportation for the US Highway 20 Swiss Valley Interchange Project. Passed, adopted, and approved this 20th day of May 2024. Ric W. Jones, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk Page 231 of 1311 Book 154 Regular Session, May 20, 2024 145 19. FY 2025 Community Development Block Grant Annual Action Plan: Upon motion the documents were received and filed, and Resolution No. 140-24 Adopting the Fiscal Year 2025 (Program Year 2024) Community Development Block Grant (CDBG) Annual Action Plan for Approval was adopted. RESOLUTION NO. 140-24 ADOPTING THE FISCAL YEAR 2025 (PRO- GRAM YEAR 2024) COMMUNITY DEVEL- OPMENT 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 2025 (Program Year 2024) Community Development Block Grant Annual Action Plan be approved addressing housing and non -housing needs in the com- munity; and Whereas, the Community Development Advisory Commission held a public hearing on January 17, 2024, April 11, 2024, and a public meeting on May 15, 2024, to receive commu- nity input on the Fiscal Year 2025 (Program Year 2024) Community Development Block Grant Annual Action Plan; and Whereas, the Community Development Advisory Commission unanimously recom- mended the City Council approve Fiscal Year 2025 (Program Year 2024) Community Devel- opment Block Grant Annual Action Plan on January 17, 2024, and May 15, 2024. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the Community Develop- ment Block Grant Fiscal Year 2025 (Program Year 2024) Annual Action Plan, attached here- to and by this reference made a part hereof, is hereby adopted. Section 2. The City Manager or his design- ee of the City of Dubuque is hereby authorized to direct staff to prepare and submit to the United States Department of Housing and Ur- ban Development the Fiscal Year 2025 (Pro- gram Year 2024) 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 20th day of May 2024. Ric W. Jones, Mayor Pro Tern Attest: Adrienne Breitfelder, City Clerk 20. 3000 Jackson, Dubuque Brewing and Malting Building Update: Upon motion the documents were received and filed. 21. Contract for CitizenServe Software: Upon motion the documents were received, filed, and approved. 22. Improvement Contracts / Performance, Payment and Maintenance Bonds: Dubuque Barge and Fleeting Service Company for the 2024 Maintenance Dredging Project #1. Upon motion the documents were received, filed, and approved. 23. Signed Contract(s): Lease Agreement with the Dubuque Water Sports Club; Release and Consent Form with the Jeffris Family Foundation Ltd. for funding a consultant to prepare a Historic Structure Report for mason- ry buildings within Eagle Point Park. Upon motion the documents were received and filed. 24. Water Resource & Recovery Center Signed Contracts for Excess Flow Tank Waste Removal and Hauling: Upon motion the docu- ments were received and filed. 25. Fiscal Year 2025 Dollars & Cents Bro- chure: Upon motion the documents were re- ceived and filed. 26. Annual Budget Process Handout: Upon motion the documents were received and filed. 27. Approved Annual Development by To- tal Square Footage Handout: Upon motion the documents were received and filed. 28. Annual Building Permits Handout: Up- on motion the documents were received and filed. 29. Approval of Retail Alcohol Licenses: Upon motion the documents were received and filed, and Resolution No. 141-24 Approv- ing applications for retail alcohol licenses, as required by City of Dubuque Code of Ordi- nances Title 4 Business and License Regula- tions, Chapter 2 Liquor Control, Article B Liq- uor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 141-24 APPROVING APPLICATIONS FOR RETAIL ALCOHOL LICENSES, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANC- ES 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 re - Page 232 of 1311 Book 154 Regular Session, May 20, 2024 146 quirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. 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 Dubuque Discount Gas LLC, 10 Main St. Renewals Buffalo Wild Wings, 2805 NW Arterial 1 Days Inn & Spirits Bar & Grill, 1111 Dodge St. Frannies Bbq LLC, 1850 Central Ave. Hilton Garden Inn & Q Casino & Houlihan's, 1801 & 1855 Greyhound Park Dr. Mason Dixon Saloon, 163 Main St. Shot Tower Inn, 390 Locust St. Special Event(s) per Special Event Application Submittal Jubek New World Brewing - Adding outdoor service for 5-4-24, 5-11-24, 5-18-24, 5-25- 24, 115 West 11 th St. Passed, approved, and adopted this 20th day of May 2024. Ric W. Jones, Mayor Pro Tern 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 6-0. 1. First Amendment to Grant Agreement with Forward Investments Group LLC for the Rehabilitation of 1047 Bluff Street: Upon mo- tion the documents were received and filed and Resolution No. 142-24 Fixing the date for a public hearing of the City Council of the City of Dubuque, IA. on a First Amendment to Grant Agreement by and between the City of Dubuque, IA. and Forward Investments Group LLC, including the proposed issuance of urban renewal tax increment revenue obligations relating thereto, and providing for the publica- tion of notice was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 3, 2024 in the Historic Federal Building. RESOLUTION NO. 142-24 FIXING THE DATE FOR A PUBLIC HEAR- ING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. ON A FIRST AMEND- MENT TO GRANT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IA. AND FORWARD INVESTMENTS GROUP LLC, INCLUDING THE PROPOSED ISSU- ANCE OF URBAN RENEWAL TAX INCRE- MENT REVENUE OBLIGATIONS RELATING THERETO, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, City of Dubuque, IA. (City) and Forward Investments Group LLC entered into a Grant Agreement, dated the 21It day of Au- gust 2023, providing for a Fagade Grant, a Planning & Design Grant, a Financial Consult- ant Grant, and a Housing Creation Grant; and Whereas, City and Forward Investments Group LLC now desire to amend the Grant Agreement as set forth in the attached First Amendment; and Whereas, the City Council has tentatively determined that it would be in the best inter- ests of the City to approve the First Amend- ment to Grant Agreement with Forward In- vestments Group LLC, including the issuance of Urban Renewal Tax Increment Revenue Obligations; 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 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 DUBUQUE, IA.: 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 3rd day of June 2024, at 6:30 p.m. The official agenda will be posted on Friday, May 31, 2024, and will contain listening, viewing, and public input options. The City Council agenda may be ac- cessed at https://cityofdubugue.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 Re- newal Tax Increment Revenue obligations and the execution of the First Amendment to Grant Agreement relating thereto with Forward In- vestments Group LLC, the proceeds of which obligations will be used to carry out certain of the special financing activities described in the Urban Renewal Plan for the Greater Down- town Urban Renewal District, consisting of the funding of economic developments grants to Page 233 of 1311 Book 154 Regular Session, May 20, 2024 147 Forward Investments Group LLC pursuant to the Grant Agreement. It is expected that the aggregate amount of the Tax Increment Reve- nue obligations to be issued will be approxi- mately $34,034. 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 attached hereto. Passed, approved and adopted this 20th day of May 2024. Ric W. Jones, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 2. Resolution Setting a Public Hearing on a Proposed Subordination Agreement for DRLP Loan #2-23 - 1199 Central Avenue: Upon mo- tion the documents were received and filed and Resolution No. 143-24 Setting a public hearing for a Subordination Agreement by and among Virtual Velocity, LLC, Dubuque Initia- tives, Michael and Denise Erschen, and the City of Dubuque, IA. for interest in property located at 1199 Central Avenue was adopted setting a public hearing for a meeting to com- mence at 6:30 p.m. on June 3, 2024 in the Historic Federal Building. RESOLUTION NO. 143-24 SETTING A PUBLIC HEARING FOR A SUB- ORDINATION AGREEMENT BY AND AMONG VIRTUAL VELOCITY, LLC, DUBU- QUE INITIATIVES, MICHAEL AND DENISE ERSCHEN, AND THE CITY OF DUBUQUE, IA. FOR INTEREST IN PROPERTY LOCAT- ED AT 1199 CENTRAL AVENUE Whereas, the City of Dubuque, IA., (City) and Virtual Velocity, LLC have entered into a Grant Agreement (the Agreement) for the re- habilitation of 1199 Central Avenue (the Pro- ject) legally described as follows: NLY 87' 1.2" of N 3/5 of City Lot 447; lo- cally known as 1199 Central Avenue (the Property); and Whereas, the Agreement includes the award of a $300,000 Downtown Rehabilitation Loan (the Loan) for the purpose of stimulating reinvestment in the Greater Downtown Urban Renewal District; and Whereas, the Project meets the require- ments of the Loan; and Whereas, as security for the Loan, Virtual Velocity, LLC previously granted to City a mortgage on the Property (the City Mortgage); and Whereas, the Dubuque Initiatives financing of the Project includes a mortgage (the DI Mortgage) and requires that the City Mortgage be subordinate to the DI Mortgage pursuant to a Subordination Agreement; and Whereas, the City Council has tentatively determined that approval of the Subordination Agreement is in the public interest of the City of Dubuque; and Whereas, before said Subordination Agreement may be approved, Iowa Code 364.7 requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meeting the City Council shall receive oral and/or written objections from any resident or property owner of said City to such proposed action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: 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 364.7 of a public hearing on the City's intent to subordinate a mortgage securing interest in real estate, to be held on the 3rd day of June 2024, at 6:30 p.m. The official agenda will be posted on Friday, May 31, 2024, and will con- tain listening, viewing, and public input options. The City Council agenda can be accessed at https://cityofdubugue.novusagenda.com/Agen daPublic/ or by contacting the City Clerk's Of- fice at 563-589-4100, ctyclerk@cityofdub uque.org. Section 2. The City Council will meet at said time and place for the purpose of taking action on the matter of subordinating a mort- gage securing interest in real estate. 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 subordina- tion of a mortgage securing interest in real estate. Section 4. That the notice of the proposed action to subordinate shall be in substantially the form attached hereto. Passed, approved and adopted this 20th day of May 2024. Ric W. Jones, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk Page 234 of 1311 Book 154 Regular Session, May 20, 2024 148 3. Resolution of Necessity for the Pro- posed Amended and Restated Urban Renewal Plan for the South Pointe Housing Urban Re- newal Area: Upon motion the documents were received and filed and Resolution No. 144-24 A resolution of necessity finding that certain areas to be included within the South Pointe Housing Urban Renewal Area meet the defini- tion of an Economic Development Area under the Urban Renewal Law, and that develop- ment of said areas are necessary in the inter- est of the residents of the City of Dubuque, IA., and setting dates of hearing and consultation on a proposed Amended and Restated Urban Renewal Plan for said area was adopted set- ting a public hearing for a meeting to com- mence at 6:30 p.m. on June 17, 2024 in the Historic Federal Building. RESOLUTION NO. 144-24 RESOLUTION OF NECESSITY FINDING THAT CERTAIN AREAS TO BE INCLUDED WITHIN THE SOUTH POINTE HOUSING URBAN RENEWAL AREA MEET THE DEFI- NITION OF AN ECONOMIC DEVELOPMENT AREA UNDER THE URBAN RENEWAL LAW, AND THAT DEVELOPMENT OF SAID AREAS ARE NECESSARY IN THE INTER- EST OF THE RESIDENTS OF THE CITY OF DUBUQUE, IA., AND SETTING DATES OF HEARING AND CONSULTATION ON A PROPOSED AMENDED AND RESTATED URBAN RENEWAL PLAN FOR SAID AREA Whereas, the City Council of the City of Dubuque has heretofore approved the Urban Renewal Plan for the South Pointe Housing Urban Renewal Area (the "Area") 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 amended to extend the division of revenue for three years in accordance with revisions to Chapter 403 of the Iowa Code, and that the proposed Amended and Restated Urban Renewal Plan ("Plan") be updated to include additional urban renewal project de- scriptions and make any other necessary revi- sions; and Whereas, Chapter 403 of the Iowa Code requires that before urban renewal authority may be exercised, a City Council must adopt a resolution of necessity finding that the area in question is a slum, blighted or economic de- velopment area, and that so designating such area is necessary in the interest of the public health, safety or welfare of the residents of the municipality. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the City Manager is author- ized and directed to prepare an Amended and Restated Urban Renewal Plan for the South Pointe Housing Urban Renewal Area to ac- complish the foregoing purposes and objec- tives, and to include in such Plan any appro- priate project activities and details, to deter- mine an appropriate date for and conduct the consultation process required by law with af- fected taxing entities concerning the proposed Plan. Section 2. That the City Council hold a public hearing on the adoption of the proposed Amended and Restated Urban Renewal Plan for the South Pointe Housing Urban Renewal Area on June 17, 2024, at 6:30 p.m. in the Historic Federal Building, 350 West 6ch Street, Dubuque, IA. 52001. The notice of said hear- ing shall generally identify the areas covered by the Plan and the general scope of the urban renewal activities planned for such areas, and said notice shall be published and available to the public not less than four days nor more than twenty days before the date of said meet- ing. A copy of the notice of public hearing shall be sent by ordinary mail to the affected taxing entities. Section 3. That the City Clerk is further di- rected to send by ordinary mail a copy of said Plan, the notice of public hearing, a notice of consultation, and, to the extent the Plan in- cludes the use of tax increment revenues for a public building, an analysis of alternative de- velopment and funding options for such public buildings, to the Dubuque Community School District and the Dubuque County Board of Su- pervisors, as the affected taxing entities. Passed, approved and adopted this 20'h day of May 2024. Ric W. Jones, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk L391110 _1J;9L9191 Lydir'MLOJIM Appointments were made to the following boards/commissions. 1. Zoning Board of Adjustment: One, 5- Year term through March 25, 2029 (Expired term of Kosel). Applicant: Gwen Kosel, 1130 Arrowhead Dr. Motion by Farber to appoint Ms. Kosel to the five-year term through March 25, 2029. Seconded by Sprank. Motion carried 6-0. PUBLIC HEARINGS 1. Rezoning Request: 1100 Lincoln Ave- nue: 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 Wernimont provided a Page 235 of 1311 Book 154 Regular Session, May 20, 2024 149 staff report. Motion carried 6-0. Motion by Roussell for final consideration and passage of Ordinance No. 15-24 Amend- ing Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 1100 Lincoln Avenue from R-2A Alternate Two -Family Residential District and C-1 Neighborhood Shopping Center District To R-3 Moderate Density Multi -Family Residential District. Seconded by Wethal. Motion carried 6-0. ORDINANCE NO. 15-24 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLAS- SIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1100 LINCOLN AVENUE FROM R-2A ALTERNATE TWO- FAMILY RESIDENTIAL DISTRICT AND C-1 NEIGHBORHOOD SHOPPING CENTER DISTRICT TO R-3 MODERATE DENSITY MULTI -FAMILY RESIDENTIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code, is hereby amended by reclassi- fying the hereinafter —described property from R-2A Alternate Two -Family Residential District and C-1 Neighborhood Shopping Center Dis- trict to R-3 Moderate Density Multi -Family Res- idential District, to wit: Lot 1 of Rettenmaier Place and to the centerline of the adjoining public right-of- way, in the City of Dubuque, IA. as shown on Exhibit A. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, IA. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved and adopted this 201h day of May, 2024. Ric W. Jones, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 2. Rezoning Request: 5501 Old Highway Road: 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 Wernimont provided a staff report. Motion carried 6-0. Motion by Roussell for final consideration and passage of Ordinance No. 16-24 Amend- ing Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property from Planned Unit Development with PR - Planned Residential Designation to C 3 Gen- eral Commercial District. Seconded by Sprank. Motion carried 6-0. ORDINANCE NO. 16-24 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLAS- SIFYING HEREINAFTER DESCRIBED PROPERTY FROM PLANNED UNIT DE- VELOPMENT WITH PR -PLANNED RESI- DENTIAL DESIGNATION TO C-3 GENERAL COMMERCIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code, is hereby amended by reclassi- fying the hereinafter —described property from Planned Unit Development with PR -Planned Residential designation to C-3 General Com- mercial District, to wit: Lot 1 of the Subdivision of Lot 2 of the East '/z of the NW '/4 of Section 32; Lot 2 of Lot 2 of the East '/2 of the NW '/4 of Section 32; Lot 2 of the Subdivision of Lot 2 of the Subdivision of Lot 1 of the Subdivision of the NW '/4 of the NW '/4 of Section 32; and Lot 2 of the Subdivision of Lot 1 of the Subdivision of the SW '/4 of the SW '/4 of Section 29, all in the City of Dubuque, IA. and to the centerline of the adjoining public right-of-way. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, IA. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved and adopted this 20th day of May, 2024. Ric W. Jones, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 3. Approving a Development Agreement by and between the City of Dubuque, IA. and Wilson House Apts., LLC Providing for the Issuance of Urban Renewal Tax Increment Revenue Grant Obligations Pursuant to the Development Agreement: Motion by Farber to receive and file the documents and adopt Resolution No. 145-24 Approving a Develop- ment Agreement by and between the City of Dubuque, IA., and Wilson House Apts., LLC including the issuance of urban tax increment revenue obligations. Seconded by Wethal. Motion carried 6-0. Page 236 of 1311 Book 154 Regular Session, May 20, 2024 150 RESOLUTION NO. 145-24 APPROVING A DEVELOPMENT AGREE- MENT BY AND BETWEEN THE CITY OF DUBUQUE, IA., AND WILSON HOUSE APTS, LLC INCLUDING THE ISSUANCE OF URBAN TAX INCREMENT REVENUE OBLI- GATIONS Whereas, Wilson House Apts., LLC is the owner of the property legally described as fol- lows: The Northerly 64 feet of Out Lot No. 662A in the Town (now City) of Dubuque, IA., according to the United States Com- missioners' Plat of the Survey of said Town of Dubuque (the Property); and Whereas, the City Council, by Resolution No. 115-24, dated May 6, 2024, declared its intent to enter into a Development Agreement by and between the City of Dubuque, IA., and Wilson House Apts., 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 May 20, 2024, 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 Wilson House Apts., 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, IA.: Section 1. That the Development Agree- ment by and between the City of Dubuque, IA., and Wilson House Apts., LLC, a copy of which is attached hereto, including the issuance of Urban Renewal Tax Increment Revenue Obli- gations, is hereby approved. Section 2. That the Mayor is hereby au- thorized and directed to execute the Develop- ment 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 May 2024. Ric W. Jones, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 4. Public Hearing - 2024 Pavement Mark- ing Project (Project Code 5521000013): This item was removed from the meeting. 5. Public Hearing - Tamarack Sanitary Sewer Extension Project (Project ID: 5581500001): Motion by Wethal to receive and file the documents and adopt Resolution No. 147-24 Approval of plans, specifications, form of contract, and estimated cost for the Tama- rack Sanitary Sewer Extension Project. Se- conded by Sprank. Motion carried 6-0. RESOLUTION NO. 147-24 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE TAMARACK SANITARY SEWER EXTENSION PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: That the attached plans, specifications, form of contract and estimate of total cost for the Tamarack Sanitary Sewer Extension Pro- ject in the estimated amount $827,972.00, are hereby approved. Passed, approved, and adopted this 20th day of May 2024. Ric W. Jones, Mayor Pro Tern Attest: Adrienne Breitfelder, City Clerk 6. Public Hearing - Twin Ridge Sanitary Sewer Extension and Lagoon Abandonment Project (Project ID: 5581500024): Motion by Sprank to receive and file the documents and adopt Resolution No. 148-24 Approval of plans, specifications, form of contract, and estimated cost for the Twin Ridge Sanitary Sewer Extension and Lagoon Abandonment Project. Seconded by Wethal. Motion carried 7-0. RESOLUTION NO. 148-24 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE TWIN RIDGE SANITARY SEWER EXTENSION AND LAGOON ABAN- DONMENT PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: That the attached plans, specifications, form of contract and estimate of total cost for the Twin Ridge Sanitary Sewer Extension and Lagoon Abandonment Project in the estimated amount $955,932.00, are hereby approved. Passed, approved, and adopted this 20th day of May 2024. Ric W. Jones, Mayor Pro Tern Attest: Adrienne Breitfelder, City Clerk 7. Public Hearing - Granger Creek Lift Sta- tion Improvements (Project ID: 5581500009): Motion by Wethal to receive and file the docu- ments and adopt Resolution No. 149-24 Ap- proval of plans, specifications, form of con- tract, and estimated cost for the Granger Creek Lift Station Improvement Project. Se- conded by Farber. Motion carried 6-0. Page 237 of 1311 Book 154 Regular Session, May 20, 2024 151 RESOLUTION NO. 149-24 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE GRANGER CREEK LIFT STATION IMPROVEMENTS PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: That the attached plans, specifications, form of contract and estimate of total cost for the Granger Creek Lift Station Improvements Project in the estimated amount $1,190,000.00, are hereby approved. Passed, approved, and adopted this 20m day of May 2024. Ric W. Jones, Mayor Pro Tern Attest: Adrienne Breitfelder, City Clerk 8. Public Hearing - North Grandview Ave- nue Pavement Rehabilitation Project: Motion by Roussell to receive and file the documents and adopt Resolution No. 150-24 Approval of plans, specifications, form of contract, and estimated cost for the North Grandview Ave- nue Pavement Rehabilitation Project. Second- ed by Wethal. Motion carried 6-0. RESOLUTION NO. 150-24 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE NORTH GRANDVIEW AV- ENUE PAVEMENT REHABILITATION PRO- JECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the attached plans, specifi- cations, form of contract and estimate of total cost for the North Grandview Avenue Pave- ment Rehabilitation Project in the estimated amount $460,828.00, are hereby approved. Passed, approved, and adopted this 20th day of May 2024. Ric W. Jones, Mayor Pro Tem Attest: Adrienne Breitfelder, City Clerk 9. Public Hearing Eagle Valley, Westbrook, and English Ridge Subdivision Parks Devel- opment Project: Motion by Farber to receive and file the documents and adopt Resolution No. 151-24 Approval of plans, specifications, and estimated cost for the Eagle Valley, West- brook, and English Ridge Subdivision Parks Development Project. Seconded by Sprank. The City Council shared receipt of input by residents of the Eagle Valley area who did not support the proposed project but did not elabo- rate on their concerns. Motion carried 6-0. RESOLUTION NO. 151-24 APRROVAL OF PLANS, SPECIFICATIONS, AND ESTIMATED COST FOR THE EAGLE VALLEY, WESTBROOK, AND ENGLISH RIDGE SUBDIVISION PARKS DEVELOP- MENT PROJECT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. THAT: Section 1. That the proposed, plans, speci- fications and estimated cost for the Eagle Val- ley, Westbrook, and English Ridge Subdivision Parks Development Project in the estimated cost amount of $667,330.00 are hereby ap- proved. Passed, approved, and adopted this 20th day of May 2024. Ric W. Jones, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 10. Public Hearing for Sale of City -Owned Property at 2601 Jackson: Motion by Wethal to receive and file the documents and adopt Resolution No. 152-24 Disposing of City inter- est in real property at 2601 Jackson, in the City of Dubuque, IA. Seconded by Sprank. City Clerk Breitfelder stated that Catherine Sorenson, 2613 Jackson St., provided com- ments during the public input portion of the May 6, 2024, City Council meeting. Motion carried 6-0. RESOLUTION NO. 152-24 DISPOSING OF CITY INTEREST IN REAL PROPERTY AT 2601 JACKSON, IN THE CITY OF DUBUQUE, IA. Whereas, the City Council, by Resolution No. 122-24, dated May 6, 2024, declared its intent to dispose of City interest in real proper- ty located at 612 Lincoln Avenue (the Proper- ty) legally described as: The Easterly 70 feet of Lot 376 in Davis Farm a part of Dubuque, in the City of Dubuque, IA., according to the recorded plat thereof; and Whereas, pursuant to published notice, a public hearing was held on the proposed dis- position on May 20, 2024, at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, IA.; and Whereas, it is the determination of the City Council that approval of the purchase agree- ment for the sale to Timothy Johnson accord- ing 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, IA.: Section 1. 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 Timothy Johnson. 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 Page 238 of 1311 Book 154 Regular Session, May 20, 2024 152 the Resolution. Passed, approved, and adopted this 20th day of May 2024. Ric W. Jones, Mayor Pro Tern Attest: Adrienne Breitfelder, City Clerk 11. Fiscal Year 2024 Second Budget Amendment: Motion by Farber to receive and file the documents and adopt Resolution No. 153-24 Amending the current budget for Fiscal Year Ending June 2024 (as last certified or amended on 10/16/2023). Seconded by Sprank. The City Council commended the Budget Department for their work. Motion car- ried 6-0. CITY BUDGET AMENDMENT AND CERTIFI- CATION RESOLUTION - FY 2024 - AMEND- MENT # 2 To the Auditor of Dubuque County, IA.: The City Council of Dubuque in said Coun- ty/Counties met on 05/20/2024 06:30 PM, at the place and hour set in the notice, a copy of which accompanies this certificate and is certi- fied as to publication. Upon taking up the pro- posed amendment, it was considered and tax- payers were heard for and against the amendment. The Council, after hearing all taxpayers wishing to be heard and considering the statements made by them, gave final consid- eration to the proposed amendment(s) to the budget and modifications proposed at the hearing, if any. Thereupon, the following reso- lution was introduced. RESOLUTION No. 24-153 AMENDING THE CURRENT BUDGET FOR FISCAL YEAR ENDING JUNE 2024 (AS LAST CERTIFIED OR AMENDED ON 10/16/2023) BE IT RESOLVED BY THE COUNCIL OF CITY OF DUBUQUE Section 1. Following notice pub- lished/posted 05/09/2024 and the public hear- ing held 05/20/2024 06:30 PM the current budget (as previously amended) is amended as set out herein and in the detail by fund type and activity that supports this resolution which was considered at the hearing: Continued on next page Page 239 of 1311 153 Regular Session, May 20, 2024 Book 154 REVENUES & OTHER FINANCING SOURCES Total Budget as Certified or Last Amended Current Amendment Total Budget After 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 TIF 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 -3,299 18,106,584 Intergovernmental 9 73,970,793 9,292,261 83,263,054 Charges for Service 10 53,878,113 0 53,878,113 Special Assessments 11 115,000 0 115,000 Miscellaneous 12 13,206,663 393,758 13,600,421 Other Financing Sources 13 51,752,136 0 51,752,136 Transfers In 14 73,074,875 298,298 73,373,173 Total Revenues & Other Sources 15 347,658,517 9,981,018 357,639,535 EXPENDITURES & OTHER FINANCING USES Public Safety 16 38,911,682 -7 38,911,675 Public Works 17 18,204,420 1,561,498 19,765,918 Health and Social Services 18 913,248 -3,089 910,159 Culture and Recreation 19 20,093,384 50,737 20,144,121 Community and Economic Development 20 18,960,655 1,085,263 20,045,918 General Government 21 16,555,454 515,574 17,071,028 Debt Service 22 13,007,373 0 13,007,373 Capital Projects 23 146,833,874 1,882,076 148,715,950 Total Government Activities Expenditures 24 273,480,090 5,092,052 278,572,142 Business Type/Enterprise 25 109,927,081 5,216,245 115,143,326 Total Gov Activities & Business Expenditures 26 383,407,171 10,308,297 393,715,468 Transfers Out 271 73,074,875 298,298 73,373,173 Total Expenditures/Transfers Out 28 456,482,046 10,606,595 467,088,641 Excess Revenues & Other Sources Over (Under) Expenditures/Transfers Out 29 -108,823,529 -625,577 -109,449,106 Beginning Fund Balance July 1, 2023 30 252,186,179 0 252,186,179 Ending Fund Balance June 30, 2024 31 143,362,650 -625,577 142,737,073 Explanation of Changes: This amendment adds additional revenue from grants received, private funding, and the appropriation to spend the monies. Adjustment to reflect actual budget of projects. Passed, approved, and adopted this 20'h day of May 2024. Attest: Adrienne Breitfelder, City Clerk Ric W. Jones, Mayor Pro Tern Page 240 of 1311 154 Regular Session, May 20, 2024 Book 154 PUBLIC INPUT Nino Erba, 180 W. 1511 St., spoke in oppo- sition to Action Item No. 1, stating concerns with directing public funds to developers. Kyle FitzGerald, 13750 Nolan Ln., Peosta, IA, also spoke regarding Action Item No. 1, stating that Stephen Emerson's letter refer- enced his company, FitzGerald Deconstruction & Reuse. Mr. FitzGerlad stated that he is not under contract with Mr. Emerson. Mr. FitzGer- ald recommended the City Council vote against the funding request. ACTION ITEMS 1. Funding Request for 3000 Jackson Street, Dubuque Brewing and Malting Building: Motion by Roussell to receive and file the cor- respondence from Stephen Emerson request- ing $250,000 to salvage the masonry materials from the demolition of 3000 Jackson Street in order to donate the materials to local non- profits and refer to the City Council. Seconded by Wethal. City Council Members expressed their opposition to the request, stating it was an inappropriate use of public funds. Motion amended by Roussell to receive and file and deny the request. Seconded by Wethal. Motion carried 6-0. 2. Ratification of Dubuque Professional Firefighters' Association (DPFA) Collective Bargaining Agreement: Motion by Roussell to receive and file the documents and approve the City of Dubuque/Dubuque Professional Firefighters' Association (DPFA) Collective Bargaining Agreement to become effective on July 1, 2024. Seconded by Farber. Motion carried 6-0. 3. Railroad Quiet Zone Study Recommen- dations and Request for Approval to Submit a Consolidated Rail Infrastructure and Safety Improvements Grant to the Federal Railroad Administration: Motion by Sprank to receive and file the documents and adopt Resolution No. 154-24 Authorizing the filing of a grant application with the U.S. Department of Trans- portation Federal Railroad Administration for a Consolidated Rail Infrastructure and Safety Improvements (CRISI) Grant to assist with funding for proposed safety, efficiency, and reliability improvements to at -grade railroad crossings in the City of Dubuque. Seconded by Wethal. The City Council expressed support for the project. Motion carried 6-0. RESOLUTION NO. 154-24 AUTHORIZING THE FILING OF A GRANT APPLICATION WITH THE U.S. DEPART- MENT OF TRANSPORTATION FEDERAL RAILROAD ADMINISTRATION FOR A CON- SOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS (CRISI) GRANT TO ASSIST WITH FUNDING FOR PRO- POSED SAFETY, EFFICIENCY, AND RELI- ABILITY IMPROVEMENTS TO AT -GRADE RAILROAD CROSSINGS IN THE CITY OF DUBUQUE Whereas, the Consolidated Rail Infrastruc- ture and Safety Improvements (CRISI) Pro- gram is designed to improve the safety, effi- ciency, and reliability of intercity passenger and freight rail where at -grade railroad cross- ing improvements are one of the eligible pro- jects; and Whereas, the United States Department of Transportation Federal Railroad Administration provides CRISI grants on a competitive basis; and Whereas, the federal funding share for CRISI projects is 80% of the proposed cost of eligible at -grade railroad crossing improve- ments; and Whereas, the City's funding share for CRI- SI projects is 20% of the proposed cost of eli- gible at -grade railroad crossing improvements; and Whereas, the impending increase in train traffic due to the recent merger of the Canadi- an Pacific and Kansas City Southern (CPKC) railroads will negatively impact our region with the number of trains passing daily through the downtown urban core of the City doubling, from 9 trains per day to 18 trains per day by 2027; and Whereas, this increase in daily Class I rail- road traffic through the city will lead to signifi- cant delays at 13 existing at -grade rail cross- ings and will hinder the efficient movement of people and goods, significantly impacting vul- nerable neighborhoods, emergency response, and key employment centers; and Whereas, improving safety for all users is a key goal of the CRISI Grant; and Whereas, the City of Dubuque believes that improving railroad at -grade crossings will help the City achieve its long-term objective of improving safety, and reducing transportation related injuries and deaths; and Whereas, the Dubuque Metropolitan Area Transportation Study (DMATS) is the Metro- politan Planning Organization (MPO) for the Dubuque Urban and Metropolitan Areas, and will be the lead applicant with support from the City of Dubuque and the City of East Dubuque for the CRISI grant; and Whereas, Burlington Northern Santa Fe Corporation (BNSF), Canadian National Rail- way (CN), and Canadian Pacific Kansas City Railroad (CPKC) will be Partners on the CRISI grant; and Whereas, the City of Dubuque is seeking the necessary CRISI grant funding for the im- plementation of safety improvements to Page 241 of 1311 155 Special Session, May 29, 2024 Book 154 existing at -grade rail crossings, and upon completion, in cooperation with Canadian Na- tional Railway (CN), and Canadian Pacific Kansas City Railroad (CPKC), be responsible for adequately maintaining and operating the improvements for railroad and public use and benefit during the project's useful life. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQE, IOWA, THAT: Section 1. The City of Dubuque is hereby authorized to file the grant application with the United States Department of Transportation Federal Railroad Administration for a CRISI Grant to assist with funding for proposed safe- ty, efficiency, and reliability improvements to at -grade railroad crossing improvements. Section 2. The City of Dubuque hereby agrees to provide the required 20% local matching funds for the CRISI grant. Passed, approved, and adopted this 20th day of May 2024 Ric W. Jones, Mayor Pro Tern Attest: Adreinne N. Breitfelder, City Clerk COUNCIL MEMBER REPORTS Council Member Farber reported on the Ken Kringle Historic Preservation Awards and meeting with the State of Iowa Chief Infor- mation Officer with Chief Information Officer Chris Kohlmann, Director of Strategic Partner- ships Teri Goodmann, and Greater Dubuque Development Corporation's Dave Lyons. Council Member Wethal reported on at- tending the Peace Officers Memorial Day event and speaking to a first -grade class at Irving Elementary. Council Member Jones reported on the city's employee appreciation celebration and Travel Dubuque's hospitality breakfast. ADJOURNMENT There being no further business, Mayor Pro Tern Jones declared the meeting ad- journed at 7:54 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 5:15 p.m. on May 29, 2024, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick (attended virtual- ly), 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 setting a public hear- ing for the 2024 pavement marking project and holding a public hearing for the PRICE Grant Application. ITEMS SET FOR PUBLIC HEARING 1. 2024 Pavement Marking Project: Initiate Public Bidding Process and Setting Date for Public Hearing: Motion by Roussell to receive and file the documents and adopt Resolution No. 155-24 2024 Pavement Marking 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, thus setting a public hearing for a meeting to commence at 6:30 p.m. on June 3, 2024 in the Historic Fed- eral Building Seconded by Farber. Motion car- ried 7-0. RESOLUTION NO. 155-24 2024 PAVEMENT MARKING PROJECT - PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECI- FICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS Whereas, per Resolution 116-24, City En- gineer was hereby directed to advertise for bids for the 2024 Pavement Marking Project (the Project), by publishing the Notice to Bid- ders 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 is hereby abandoned; and Whereas, per Resolution 116-24, a public hearing for the Project was to be held on the 20th day of May 2024, at 6:30 p.m. in the Page 242 of 1311 Book 154 Special Session, May 29, 2024 156 Historic Federal Building Council Chambers, 350 W. 6th Street, Dubuque, IA. is hereby abandoned;and Whereas, per Resolution 116-24, the date for filing bids for the Project before 2:00 p.m. on the 23rd day of May 2024 is hereby aban- doned; and Whereas, per Resolution 116-24, the City Council was to consider awarding the Public Improvement Contract for the Project at 6:30 p.m. on the 3rd day of June 2024, in the Histor- ic Federal Building Council Chambers, 350 West 6th Street, Dubuque, IA. is hereby aban- doned. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The proposed plans, specifica- tions, form of contract and estimated cost for the 2024 Pavement Marking Project in the estimated amount $247,500.00, 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 3rd day of June, 2024, at 6:30 p.m. in the Historic Federal Building Council Chambers 350 W. 6th Street, Dubuque, IA., at which time interested persons may appear and be heard for or against the proposed plans and specifi- cations, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be pub- lished in a newspaper having general circula- tion in the City of Dubuque, IA., which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of con- tract, or estimated cost of the Project. Section 3. The 2024 Pavement Marking Project is hereby ordered to be advertised for bids for construction. Section 4. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. Section 5. The City Engineer is hereby 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 contrac- tor plan room service with statewide circula- tion, 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 12th day of June 2024. 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 17th day of June 2024, in the Historic Federal Building Council Chambers (and/or by virtual means) 350 West 6th Street, Dubuque, IA. Passed, adopted and approved this 29th day of May 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk PUBLIC HEARINGS 1. Hold Public Hearing for the PRICE Grant Application: Motion by Jones to receive and file the documents and adopt Resolution No. 156-24 Holding a public hearing to solicit pub- lic input and City Council approval for the City of Dubuque PRICE Grant Application to be submitted to the U.S. Department of Housing and Urban Development by July 10, 2024. Seconded by Sprank. Housing and Community Development Director Alexis Steger made a presentation and responded to questions from the City Council regarding timeline, the struc- ture and financing of community land trusts (CLTs), and Community Development Block Grant (CDBG) funding allocated to mobile home rehabilitation. Karla Krapfl, 2604 Gar- navillo Dr.; Evan Hudson, 741 W. 3rd St.; State Representative Lindsay James, 2494 Pearl St.; Zoe Fortsen, 299 Main St.; Nino Erba, 180 W. 15th St.; Robert Scott, 721 John Munis St.; Teresa Green, 4109 Bluebird Dr.; Jaime Izaguirre, 1394 Locust St.; Molly Olds, 2702 LaMotte Dr.; Karla Shepherd, 2710 Potosi Dr.; and Gail Weitz, 1630 Lori Ct. spoke in support of the grant application, with many providing specific examples of challenges they have experienced with the current owners of the mobile home parks. Timothy Stauffer, 3901 Inwood Ave., submitted virtual input via the GoToMeeting chat in opposition to the applica- tion, citing concerns with neighborhood quality if management transitioned from private own- ership. City Clerk Breitfelder announced that written input was received from the following individuals: Kathleen and Harold Werner; Kari Moyer and Tommie Hall, 2802 Kremer Park Dr.; Ralph Roling; Kris Schroeder; Betty Schuster; Kris Hammel, 2763 Bankston; Mi- chael Link, 1190 McGregor; Matt Otterbeck; Jeff Stevens, 2600 Garnavillo Dr.; Kathy Hoff- mann; Karla Krapfl; Melissa Steines; Nancy Clark; Angie Thomas, 2539 Hanover Dr.; Kathy Thompson; Sue Luce; Karla Shepherd; Deb Hankenson; Kimberly and Adam Qassebji; Rhonda Scheffert, 2735 Monastery Dr.; Molly Olds, 2702 LaMotte Dr.; and Pamela Brandt, 2785 Monastery Dr. City Council Members expressed support for the proposal, citing it as a great example of a community partnership that could be replicated by other communities. City Council Members thanked residents for providing input and city staff for their work on the application. City Council Members cautioned that the grant is not guar- anteed, but that city staff are considering other Page 243 of 1311 157 Special Session, June 3, 2024 Book 154 options if the grant is not awarded. At the con- clusion of the City Council's discussion, Ms. Steger announced that meeting attendees could indicate their support for or opposition to the grant application on a document that she was collecting as part of the application. Mo- tion carried 7-0. RESOLUTION NO. 156-24 HOLDING A PUBLIC HEARING TO SOLICIT PUBLIC INPUT AND CITY COUNCIL AP- PROVAL FOR THE CITY OF DUBUQUE PRICE GRANT APPLICATION TO BE SUB- MITTED TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT BY JULY 10, 2024 Whereas, the City of Dubuque has pre- pared a proposed application for the PRICE competitive grant application to submit to the U.S. Department of Housing and Urban De- velopment for consideration; and Whereas, the application deadline was ex- tended from June 5, 2024, to July 10, 2024; and Whereas, the City Council held a public hearing on May 29, 2024, to receive public input on the proposed PRICE grant application and the proposed project to be undertaken with grant funds; and Whereas, the City requests City Council approval to submit the PRICE grant application to the U.S. Department of Housing and Urban Development after incorporating public com- ment received. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the submission of the PRICE grant application to the U.S. Depart- ment of Housing and Urban Development is hereby approved. Section 2. That the City Manager and the Housing and Community Development Direc- tor or their designee, are hereby approved to submit all documentation required to move the application forward for consideration by the U.S. Department of Housing and Urban De- velopment. Passed, approved, and adopted this 29th day of May 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:36 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 5:15 p.m. on June 3, 2024, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6th 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 special session of the City Council called for the purpose of conducting a work session on city prevention and response to an active aggressor situation. WORK SESSION City Prevention and Response to an Active Aggressor Situation Police Chief Jeremy Jensen, Dubuque Community School District (DCSD) Chief Communication Officer Mike Cyze, City Coun- cil Member Katy Wethal, and the Community Foundation of Greater Dubuque's Vice Presi- dent of Community Impact Mary Jo Jean - Francois presented on prevention and re- sponse to active aggressor situations. Re- sponding to a question from the City Council about recent state legislation permitting school districts to arm personnel, Chief Jensen stated that the school district determines their policy on arming teachers. City Manager Van Milligen elaborated that DCSD has decided not to arm their teachers, which he supports based on previously presented data indicating shortcom- ings in hitting intended target. School Re- source Officer (SRO) Lieutenant Bruce Deutsch provided information on the Safe+Sound Iowa online anonymous reporting system where students can report concerning information. Mr. Cyze summarized DCSD stu- dent training to report concerns. The City Council suggested the Community Founda- tion's stakeholder discussions include local universities and seminaries. Chief Jensen stated that social emotional learning is an im- portant aspect of prevention and that the issue must be considered holistically. City Council Members emphasized the importance of con- tacting emergency personnel to report any concerns and expressed interest in exploring policy changes. There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:17 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk Page 244 of 1311 158 Regular Session, June 3, 2024 Book 154 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 3, 2024, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6t' 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 business that may properly come before the City Council. PLEDGE OF ALLEGIANCE City Manager Van Milligen provided an up- date on the recent storms that impacted the area, including city response activities. PRESENTATION(S) 1. 2024 Employee SPIRIT Awards Recog- nition: Assistant City Manager Cori Burbach made a presentation on the 2024 City of Dubuque SPIRIT Awards. As part of the presentation, Public Information Office staff showed a video at the May 9, 2024, City Em- ployee Celebration Event held in conjunction with Public Service Recognition Week. The video can be viewed at: https://voutu.be/5fU eiAGgdLo. PROCLAMATION(S) 1. Upper Mississippi River Wildlife and Fish Refuge Day (June 7, 2024) was accepted by National Mississippi River Museum & Aquari- um President & CEO Kurt Strand on behalf of the National Mississippi River Museum & Aquarium. 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 May 20, 2024; Com- munity Development Advisory Commission of April 17, 2024. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Chicago, Central & Pacific Railroad for property dam- age; Edward & Diane Claycomb for vehicle damage. 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: Chicago, Central & Pacific Railroad for property damage; Edward & Diane Claycomb for vehicle damage. Upon motion the docu- ments were received, filed, and concurred. 4. Approval of City Expenditures: Upon motion the documents were received and filed, and Resolution No. 157-24 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. 157-24 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 generally accepted internal control procedures and have been determined to have been req- uisitioned for a lawful municipal purpose; and Whereas, the Chief Financial Officer -City Treasurer has provided a list of Expenditures attached hereto, and by this reference made a part hereof, to be drawn to pay for goods and services provided for City purposes; and Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142-18 adopted May 7, 2018, authorized the Chief Financial Officer -City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. 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 Page 245 of 1311 Book 154 Regular Session, June 3, 2024 159 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 Financial Officer are hereby authorized and directed to provide the statement of receipts and disbursements to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 3rd day of June 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Letter of Support: Local College/Career Access Network (LCAN): Upon motion the documents were received, filed, and approved. 6. North Grandview Avenue Pavement Re- habilitation Project: Upon motion the docu- ments were received and filed, and Resolution No. 158-24 Awarding Public Improvement Contract for the North Grandview Avenue Pavement Rehabilitation Project was adopted. RESOLUTION NO. 158-24 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE NORTH GRANDVIEW AV- ENUE PAVEMENT REHABILITATION PRO- JECT Whereas, sealed proposals have been submitted by contractors for the North Grandview Avenue Pavement Rehabilitation Project, (the Project) pursuant to Resolution No. 120-24 and Notice to Bidders published on the City of Dubuque, IA. website and plan room service with statewide circulation on the 10th day of May 2024; and Whereas, said sealed proposals were opened and read on the 23rd day of May 2024 and it has been determined that Eastern Iowa Excavating and Concrete LLC of Cascade, Iowa, submitted low bid in the amount of $354,756.33, and is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That a Public Improvement Con- tract for the Project is hereby awarded to Eastern Iowa Excavating and Concrete LLC and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, adopted and approved this 3rd day of June 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7. 2024 ADA Sidewalk Curb Ramp Project Three Award Recording Memo: Upon motion the documents were received and filed, and Resolution No. 159-24 Awarding Public Im- provement Contract for the 2024 ADA Side- walk Curb Ramp Project Three was adopted. RESOLUTION NO. 159-24 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE 2024 ADA SIDEWALK CURB RAMP PROJECT THREE Whereas, sealed informal bid proposals have been submitted by contractors for the 2024 ADA Sidewalk Curb Ramp Project Three, (the Project) and Notice to Bidders published on the City of Dubuque, IA. website and plan room service with statewide circulation on the 3rd day of May 2024; and Whereas, said sealed proposals were opened and read on the 17th day of May 2024 and it has been determined that Valentine Construction Co., LLC of Dubuque, IA submit- ted the low bid in the amount of $169,806.00, and is the lowest responsive, responsible bid- der for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That a Public Improvement Con- tract for the Project is hereby awarded to Val- entine Construction Co., LLC and the City Manager is hereby directed to execute a Pub- lic Improvement Contract on behalf of the City of Dubuque for the Project. Passed, adopted, and approved this 3rd day of June 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 8. 2024 ADA Sidewalk Curb Ramp Project Four Award Recording Memo: Upon motion the documents were received and filed, and Resolution No. 160-24 Awarding Public Im- provement Contract for the 2024 ADA Side- walk Curb Ramp Project Four was adopted. RESOLUTION NO. 160-24 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE 2024 ADA SIDEWALK CURB RAMP PROJECT FOUR Whereas, sealed informal bid proposals have been submitted by contractors for the 2024 ADA Sidewalk Curb Ramp Project Four, (the Project) and Notice to Bidders published on the City of Dubuque, IA. website and plan room service with statewide circulation on the 3rd day of May 2024; and Whereas, said sealed proposals were opened and read on the 17th day of May 2024 and it has been determined that Drew Cook & Sons Excavating Co. of Dubuque, IA submit- ted the low bid in the amount of $109,878.00, Page 246 of 1311 Book 154 Regular Session, June 3, 2024 160 and is the lowest responsive, responsible bid- der for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That a Public Improvement Con- tract for the Project is hereby awarded to Drew Cook & Sons Excavating Co. and the City Manager is hereby directed to execute a Pub- lic Improvement Contract on behalf of the City of Dubuque for the Project. Passed, adopted, and approved this 3rd day of June 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 9. 3000 Jackson, Dubuque Brewing and Malting Building Update: Upon motion the documents were received and filed. 10. New Housing Units Highlighting Afford- able Projects Handout: Upon motion the doc- uments were received and filed. 11. First Amendment to Lease Agreement by and Among the City of Dubuque, IA., Dubuque Metropolitan Area Solid Waste Agency, and Radio Dubuque, Inc.: Upon mo- tion the documents were received, filed, and approved. 12. Public Works Custodian Staffing Change Recommendation: City Manager rec- ommended City Council approval to increase the Public Works Department Part -Time Cus- todian position (0.68 FTE) to a Full -Time Cus- todian (1.00 FTE). Upon motion the docu- ments were received, filed, and approved. 13. Signed Contract(s): Landmark Turf Services, LLC for the Weed Control Flood Control System Spraying 2024; First Amend- ment to Access Easement Agreement with Butler Children's Garden Foundation, Inc.; Amended and Restated Parking Agreement with Wanderwood Gardens and Dubuque Ar- boretum and Botanical Gardens. Upon motion the documents were received and filed. 14. Equitable Community Grant Recom- mendation: Upon motion the documents were received and filed, and Resolution No. 161-24 Awarding Equitable Community Grant to Hills & Dales Childcare Center; and Resolution No. 162-24 Awarding Equitable Community Grant to Red Basket Project were adopted. RESOLUTION NO. 161-24 AWARDING EQUITABLE COMMUNITY GRANT TO HILLS & DALES CHILDCARE CENTER Whereas, the City Council adopts goals on an annual basis; and Whereas, the City Council in 2022 estab- lished a five-year goal of "Partnership for a Better Dubuque: Building Our Community that is Viable, Livable, and Equitable;" and Whereas, the City Council stated in their vision statement that "Dubuque 2038 is a sus- tainable and resilient city, an inclusive and equitable community where ALL are welcome;" and Whereas, the City Council mission state- ment that Dubuque city government's mission is to "deliver excellent municipal services that support urban living; contribute to an equitable, sustainable city; plan for the community's fu- ture; and facilitate access to critical human services;" and Whereas, the Equitable Community Grant meets the needs of the Dubuque's vision for an equitable community; and Whereas, efforts which address an Equita- ble Dubuque principle and offer 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 recipient shall use grant funds to purchase a vitals machine and specialized toys, and assist with utility, maintenance, and conversion expenses for additional square footage allocated to medical childcare; and Whereas, the grant recipient shall more ef- fectively support children with disabilities and medical needs, thereby allowing their families and caregivers a better ability to seek em- ployment and contribute to the community; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to strive for an equitable community for all resi- dents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The City Council hereby awards an Equitable Community Grant to Hills & Dales Childcare Center. Section 2. The City Manager or his design- ee shall enter into a grant agreement with HILLS & DALES CHILDCARE CENTER and shall ensure compliance with the grant agree- ment pursuant to Iowa Code and the grant award requirements. Passed, approved, and adopted this 3rd day of June 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 162-24 AWARDING EQUITABLE COMMUNITY GRANT TO RED BASKET PROJECT Whereas, the City Council adopts goals on an annual basis; and Page 247 of 1311 Book 154 Regular Session, June 3, 2024 161 Whereas, the City Council in 2022 estab- lished a five year goal of "Partnership for a Better Dubuque: Building Our Community that is Viable, Livable, and Equitable;" and Whereas, the City Council stated in their vision statement that "Dubuque 2038 is a sus- tainable and resilient city, an inclusive and equitable community where ALL are welcome;" and Whereas, the City Council mission state- ment that Dubuque city government's mission is to "deliver excellent municipal services that support urban living; contribute to an equitable, sustainable city; plan for the community's fu- ture; and facilitate access to critical human services;" and Whereas, the Equitable Community Grant meets the needs of the Dubuque's vision for an equitable community; and Whereas, efforts which address an Equita- ble Dubuque principle and offer 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 recipient shall use grant funds to secure period products for dis- tribution to those in need; and Whereas, the grant recipient shall tackle period poverty and cultivate an inclusive and equitable community where individuals can thrive irrespective of gender or economic standing; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to strive for an equitable community for all resi- dents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The city Council hereby awards an Equitable Community Grant to Red Basket Project. Section 2. The City Manager or his design- ee shall enter into a grant agreement with RED BASKET PROJECT and shall ensure compli- ance with the grant agreement pursuant to Iowa Code and the grant award requirements. Passed, approved, and adopted this 3rd day of June 2024. Brad Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 15. Final Plat of South Pointe #2: Upon motion the documents were received and filed, and Resolution No. 163-24 Authorizing ap- proval of the Final Plat of South Pointe #2 in the City of Dubuque, IA. was adopted. RESOLUTION NO. 163-24 AUTHORIZING APPROVAL OF THE FINAL PLAT OF SOUTH POINTE #2 IN THE CITY OF DUBUQUE, IA. Whereas, there has been filed with the City Clerk a Final Plat of South Pointe #2 in the City of Dubuque, IA.; and Whereas, upon said final plat appear public streets to be known as South Pointe Drive (Lot B), Waterbridge Lane (Lot C), Summit Hill Drive (Lot D), Whisper Woods Lane (Lot E), and Longhollow Drive (Lot F), together with certain public utility, storm sewer, sanitary sewer, and water main easements, which the owner by said final plat has dedicated to the public forever; and Whereas, upon said Final Plat appear pri- vate streets to be known as Edenbrook Lane (Lot G) and Autumn Ridge Lane (Lot H), which the owner by said Final Plat has agreed to own, construct and maintain forever; and Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and its approval has been endorsed thereon; and Whereas, said final plat has been re- viewed 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 complete- ly constructed or installed. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the dedication of South Pointe Drive (Lot B), Waterbridge Lane (Lot C), Summit Hill Drive (Lot D), Whisper Woods Lane (Lot E), and Longhollow Drive (Lot F), together with certain public utility, storm sewer, sanitary sewer, and water main easements, as they appear on said final plat, be and the same are hereby accepted; and Section 2. That the private streets of Edenbrook Lane (Lot G) and Autumn Ridge Lane (Lot H) as they appear on said Final Plat, be and the same are hereby approved; and that the dedication of the public utility ease- ments in Autumn Ridge Lane (Lot H) and Edenbrook Lane (Lot G), as they appear on said Final Plat, be and the same are hereby accepted; and Section 3. That the Final Plat of South Pointe #2 is hereby approved and the Mayor and City Clerk are hereby authorized and di- rected to endorse the approval of the City of Dubuque, IA., upon said final plat, provided the owners of said property herein named, exe- cute their written acceptance of the attached conditions and further agree: (a) To reduce as South Pointe Drive (Lot B), Waterbridge Lane (Lot C), Summit Hill Drive (Lot D), Whisper Woods Lane (Lot E), Longhollow Drive (Lot F), to Page 248 of 1311 Book 154 Regular Session, June 3, 2024 162 grade and to construct longitudinal sub- (f)To construct the improvements outlined drain, concrete curb and gutter with as- in (a), (b), (c), (d), and (e), above within phaltic concrete pavement or with Port- two years from the date of acceptance of land Cement concrete pavement with in- this resolution, at the sole expense of the tegral curb, all in accordance with the owners, or future owner. City of Dubuque standard specifications (g)To maintain the improvements outlined in a manner acceptable to the City Engi- in (a), (c), (d), and (e) above for a period neer, in conformance with construction of two (2) years from the date of the ac- improvement plans approved by the City ceptance of those improvements by the Engineer, and inspected and approved City Council of the City of Dubuque, IA., by the City Engineer. at the sole final expense of the owners, (b) To reduce the private streets of or future owner. Edenbrook Lane (Lot G) and Autumn (h)To maintain the private street improve - Ridge Lane (Lot H) to grade and to con- ments outlined in (b) above forever. struct longitudinal sub -drain, concrete (i)To provide security for the performance curb and gutter with asphaltic concrete of the foregoing conditions specified in pavement or with Portland Cement con- this Section in such form and with such crete pavement with integral curb, install sureties as may be acceptable to the City a private storm water detention facility on Manager of the City of Dubuque, IA. Lot A, and to construct an asphaltic con- Section 4. That sidewalk installation shall crete emergency access roadway on Lot be the responsibility of each lot owner for each AA, all in accordance with the City of lot abutting the public rights -of -way, including Dubuque standard specifications in a lots with multiple frontages, as required by City manner acceptable to the City Engineer, Code Chapter 10-1-2 (Sidewalk Installation in conformance with construction im- and Repair). Per City Code Chapter 16-11-16 provement plans approved by the City (Sidewalks), sidewalk installation shall be re - Engineer, and inspected and approved quired when the development of a lot has been by the City Engineer. completed. Per City Code Chapter 16-11-16 (c)To install sanitary sewer mains and (Sidewalks), all vacant lots shall have side - sewer service laterals into each individual walks installed upon development of eighty lot, water mains and water service lat- percent (80%) of the lots shown on the ap- erals into each individual lot, storm water proved final plat. detention basins, storm sewers and catch Section 5. That the owner must construct basins, boulevard street lighting, fiber op- and maintain erosion control devices in South tic conduit and vaults, and to install water Pointe Subdivision which control erosion and and sanitary sewer main extensions prevent sediment from leaving the site. The through Mineral Lot 488, and install ero- owner is responsible for the maintenance of sion control devices, all in accordance the private storm water detention basin facility with the City of Dubuque standard speci- on Lot A in perpetuity. fications in a manner acceptable to the Section 6. That the planting of street trees City Engineer, and in accordance with shall be coordinated with the City's Urban For - construction improvement plans ap- ester. Any tree(s) planted within the street proved by the City Engineer, and in- right-of-way must be approved by the Urban spected and approved by the City Engi- Forester. The location and species of tree(s) neer. will be approved by the Urban Forester and (d)To construct accessible sidewalk ramps planted and cared for through establishment at each intersection and street crossings by the developer at the developer's expense in accordance with City of Dubuque Section 7. That the final acceptance of the Standards and Specifications, all in a public improvements shall only occur upon manner acceptable to the City Engineer, certification of the City Engineer to the City and in accordance with the construction Council that the public improvements have improvement plans approved by the City been completed in accordance with the ap- Engineer and inspected and approved by proved improvement plans and City standards the City Engineer. and specifications and accepted by City Coun- (e)To install concrete sidewalks across Lot cil Resolution. J in accordance with City of Dubuque Section 8. That in the event South Pointe, Standards and Specifications, all in a LLC fails to execute the acceptance and fur - manner acceptable to the City Engineer, nish the guarantees provided hereof within 180 and in accordance with the construction days after the date of this Resolution, the pro - improvement plans approved by the City visions hereof shall be null and void and the Engineer and inspected and approved by acceptance of the dedication and approval the the City Engineer. plat shall not be effective. Page 249 of 1311 Book 154 Regular Session, June 3, 2024 163 Passed, approved and adopted this 3rd day of June 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk Acceptance of Resolution No. 163-24 I, the undersigned, James Trausch, repre- senting Dubuque South Pointe, LLC, having read the terms and conditions of Resolution No. 163-24 and being familiar with the condi- tions thereof hereby accept this same and agree to the conditions required therein. Dated in Dubuque, IA. this 3011 day of May 2024. /s/James Trausch, Dubuque South Pointe, LLC 16. Improvement Contracts / Performance, Payment and Maintenance Bonds: Midwest Concrete Inc. for the 2024 ADA Sidewalk Curb Ramp Project One and 2024 ADA Sidewalk Curb Ramp Project Two. Upon motion the documents were received, filed, and approved. 17. Approval of Retail Tobacco, Alternative Nicotine, and Vapor Product Permit Applica- tions: Upon motion the documents were re- ceived and filed, and Resolution No. 164-24 Approving applications for retail permits to sell Tobacco, Tobacco Products, Alternative Nico- tine Products, and Vapor Products, as required by Iowa Code §453A.47A was adopted. RESOLUTION NO. 164-24 APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES / NICO- TINE / VAPOR PERMITS, AS REQUIRED BY IOWA CODE 453A.47A Whereas, applications for Ciga- rette/Tobacco/Nicotine/Vapor Permit Sales have been submitted and filed with the City Clerk; and Whereas, the applicants have filed the proper application and fees as required by the Iowa Department of Revenue; and Whereas, the Iowa Department of Reve- nue requires all applications be approved by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. THAT: Section 1. The City Clerk is hereby author- ized and directed to cause to be issued the following named applicants and locations for Cigarette/Tobacco/Nicotine/Vapor retail permit. Effective from: July 1, 2024, to June 30, 2025 Business Name, Business Address 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 Rockdale Rd. Casey's General Store #2421, 4003 Peru Rd. Casey's General Store #3473, 1072 Cedar Cross Rd. Diamond Jo Casino, 301 Bell Street Downtown Gas & Grocery, 1401 Central Ave. Eagle Country Market, 1800 Elm St EZ Stop 1, 1101 Rhomberg Ave. EZ Stop ll, 700 Rhomberg Ave Family Dollar #21599, 2013 Central Ave #4 Fareway Stores #114, 2050 John F. Kennedy Rd. Greenleaf Tobacco & Vape, 1620 J. F. Kenne- dy Rd. Hammerheads Bar and Billiards, 2095 Kerper Blvd. Ste. #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 S. Locust St. Hy-Vee #3 Food Store, 400 South Locust St. Hy-Vee Wine & Spirits #1, 3500 Dodge St. Ste 2 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 E. 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. Midwest Vapors, 2600 Dodge St. Suite B4 Moondog Music, 806 Wacker Dr. #120 Paro Food Mart, 3200 Central Ave. Q Casino & Resort, 1855 Greyhound Park Dr. River Bluff, 168 East 10th St. Super Stop 3, 2360 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. Walmart # 2004, 4200 Dodge St. Passed, approved, and adopted this 3rd day of June 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk Page 250 of 1311 Book 154 Regular Session, June 3, 2024 164 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 Development Agreement by and between the City of Dubuque, IA. and Millwork Flats, L.L.C. Providing for the Issuance of Ur- ban Renewal Tax Increment Revenue Grant Obligations Pursuant to the Development Agreement: Upon motion the documents were received and filed and Resolution No. 165-24 Fixing the date for a public hearing of the City Council of the City of Dubuque, IA. on a De- velopment Agreement by and between the City of Dubuque, IA. and Millwork Flats, L.L.C., including the proposed issuance of urban re- newal tax increment revenue obligations relat- ing 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 June 17, 2024 in the Historic Federal Building. RESOLUTION NO. 165-24 FIXING THE DATE FOR A PUBLIC HEAR- ING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. ON A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IA. AND MILLWORK FLATS, L.L.C., INCLUDING THE PROPOSED ISSU- ANCE OF URBAN RENEWAL TAX INCRE- MENT REVENUE OBLIGATIONS RELATING THERETO AND PROVIDING FOR THE PUB- LICATION OF NOTICE THEREOF Whereas, City and Millwork Flats, L.L.C. 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, IA. for the development of property locat- ed at 1065 Jackson Street; and Whereas, the City Council has tentatively determined that it would be in the best inter- ests of the City to approve the Development Agreement, with Millwork Flats, L.L.C.; 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 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 DUBUQUE, IA.: 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 June 2024, at 6:30 p.m. The official agenda will be posted on Friday, June 14, 2024, and will contain listening, viewing, and public input options. The City Council agenda can be ac- cessed at https://citvofdubugue.novusagenda .com/Agenda Public/ 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 Re- newal Tax Increment Revenue obligations and the execution of the Development Agreement relating thereto with Millwork Flats, L.L.C., 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 devel- opments grants to Millwork Flats, L.L.C. pur- suant to the Development Agreement. It is expected that the aggregate amount of the Tax Increment Revenue obligations to be issued will be approximately $3,106,447. 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 attached hereto. Passed, approved and adopted this 3rd day of June, 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Resolution Setting a Public Hearing on a Proposed First Amendment to Development Agreement by and between the City of Dubu- que, IA. and South Pointe, L.L.C. and Provid- ing for the Issuance of Urban Renewal Tax Increment Revenue Obligations Pursuant to the Development Agreement: Upon motion the documents were received and filed and Reso- lution No. 166-24 Fixing the date for a public hearing of the City Council of the City of Dubuque, IA. on the First Amendment to De- velopment Agreement by and between the City of Dubuque, IA. and South Pointe, L.L.C., Page 251 of 1311 Book 154 Regular Session, June 3, 2024 165 including the proposed reimbursement of South Pointe, L.L.C. for certain infrastructure improvements with urban renewal tax incre- ment revenue 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 17, 2024 in the Historic Federal Building. RESOLUTION NO. 166-24 FIXING THE DATE FOR A PUBLIC HEAR- ING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. ON THE FIRST AMEND- MENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IA. AND SOUTH POINTE, L.L.C., INCLUD- ING THE PROPOSED REIMBURSEMENT OF SOUTH POINTE, L.L.C. FOR CERTAIN IN- FRASTRUCTURE IMPROVEMENTS WITH URBAN RENEWAL TAX INCREMENT REV- ENUE AND PROVIDING FOR THE PUBLI- CATION OF NOTICE THEREOF Whereas, the City of Dubuque and South Pointe, L.L.C. have entered into a Develop- ment Agreement for the development of prop- erty located in the South Pointe Housing Ur- ban Renewal Area (the Development Proper- ty); and Whereas, the City Council has tentatively determined that it would be in the best inter- ests of the City to approve the First Amend- ment to the Development Agreement with South Pointe, L.L.C.; 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 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 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 DUBUQUE, IA.: 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 pursuant to the First Amend- ment to Development Agreement, to be held on the 17th day of June 2024, at 6:30 o'clock p.m. The official agenda will be posted on Fri- day, June 14, 2024, and will contain listening, viewing, and public input options. The City Council agenda may be accessed at https://citvofdubuque.novusagenda.com/Agen daPublic/ or by contacting the City Clerk's Of- fice at 563-589-4100, ctyclerk@cityofdub uque.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 Re- newal Tax Increment Revenue obligations and the execution of the First Amendment to De- velopment Agreement relating thereto with South Pointe, L.L.C., 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 South Pointe Housing Urban Renewal Area, consisting of the funding of reimbursements to South Pointe, L.L.C. for certain infrastructure im- provements to be constructed on and within Development Property pursuant to the First Amendment to the Development Agreement. It is expected that the aggregate amount of the Tax Increment Revenue obligations to be is- sued will be approximately $1,600,000 but not to exceed the actual reimbursement of quali- fied expenses. 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 attached hereto. Passed, approved and adopted this 3rd day of June, 2024. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 3. Seippel Road Water Main Lowering Pro- ject Initiate Public Bidding Process and Setting Date for Public Hearing - Project Code: 4281000059: Upon motion the documents were received and filed and Resolution No. 167-24 Seippel Road Water Main Lowering Project: preliminary approval of plans, specifi- cations, form of contract, and estimated cost; setting date of public hearing on plans, specifi- cations, 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 17, 2024 in the Historic Federal Building. RESOLUTION NO. 167-24 SEIPPEL ROAD WATER MAIN LOWERING PROJECT - PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, Page 252 of 1311 Book 154 Regular Session, June 3, 2024 166 SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The proposed plans, specifica- tions, form of contract and estimated cost for the Seippel Road Water Main Lowering Project in the estimated construction amount of $322,500.00, 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 171h day of June, 2024, at 6:30 p.m. in the Historic Federal Building Council Chambers 350 W. 6th Street, Dubuque, IA., at which time interested persons may appear and be heard for or against the proposed plans and specifi- cations, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be pub- lished in a newspaper having general circula- tion in the City of Dubuque, IA., which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of con- tract, or estimated cost of the Project. Section 3. The Seippel Road Water Main Lowering Project is hereby ordered to be ad- vertised for bids for construction. Section 4. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. Section 5. The City Engineer is hereby 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 contrac- tor plan room service with statewide circula- tion, 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 20th day of June 2024. 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 151 day of July 2024, in the Historic Federal Building Council Chambers (and/or by virtual means) 350 West 6th Street, Dubuque, IA. Passed, adopted and approved this the 3rd day of June 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk PUBLIC HEARINGS 1. First Amendment to Grant Agreement with Forward Investments Group LLC: Motion by Sprank to receive and file the documents and adopt Resolution No. 168-24 Approving a First Amendment to Grant Agreement by and between the City of Dubuque, IA. and Forward Investments Group LLC, including the pro- posed issuance of urban renewal tax incre- ment revenue obligations relating thereto, and providing for the publication of notice thereof. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 168-24 APPROVING A FIRST AMENDMENT TO GRANT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IA. AND FOR- WARD INVESTMENTS GROUP LLC, IN- CLUDING THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REV- ENUE OBLIGATIONS RELATING THERETO, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, City of Dubuque, IA. (City) and Forward Investments Group LLC entered into a Grant Agreement, dated the 21st day of Au- gust 2023, providing for a Fagade Grant, a Planning & Design Grant, a Financial Consult- ant Grant, and a Housing Creation Grant; and Whereas, City and Forward Investments Group LLC now desire to amend the Grant Agreement as set forth in the attached First Amendment; and Whereas, the City Council has tentatively determined that it would be in the best inter- ests of the City to approve the First Amend- ment to Grant Agreement with Forward In- vestments Group LLC, including the issuance of Urban Renewal Tax Increment Revenue Obligations; 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 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 DUBUQUE, IA.: Section 1. That the Grant Agreement be- tween the City of Dubuque and Forward In- vestments Group LLC is hereby approved. Page 253 of 1311 Book 154 Regular Session, June 3, 2024 167 Section 2. That the Mayor is hereby au- thorized and directed to execute the Grant Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is 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 3rd day of June, 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Resolution Approving a Subordination Agreement for Downtown Rehabilitation Loan Program Loan #2-23 - 1199 Central Avenue: Motion by Resnick to receive and file the doc- uments and adopt Resolution No. 169-24 Ap- proving a Subordination Agreement by and among Virtual Velocity, LLC, Dubuque Initia- tives, Michael and Denise Erschen, and the City of Dubuque, IA. for interest in property located at 1199 Central Avenue. Seconded by Wethal. Responding to a question from the City Council, City Manager Van Milligen sum- marized the subordination process. Motion carried 7-0. RESOLUTION NO. 169-24 APPROVING A SUBORDINATION AGREE- MENT BY AND AMONG VIRTUAL VELOCI- TY, LLC, DUBUQUE INITIATIVES, MICHAEL AND DENISE ERSCHEN, AND THE CITY OF DUBUQUE, IA. FOR INTEREST IN PROP- ERTY LOCATED AT 1199 CENTRAL AVE- NUE Whereas, the City of Dubuque, IA., (City) and Virtual Velocity, LLC have entered into a Grant Agreement (the Agreement) for the re- habilitation of 1199 Central Avenue (the Pro- ject) legally described as follows: The Northly 87 feet 1.2 inches of Out Lot 447 in the City of Dubuque, IA., accord- ing to the United States Commissioners' Map thereof; locally known as 1199 Cen- tral Avenue (the Property); and Whereas, the Agreement includes the award of a Three Hundred Thousand Dollars ($300,000.00) Downtown Rehabilitation Loan (the Loan) for the purpose of stimulating rein- vestment in the Greater Downtown Urban Re- newal District; and Whereas, the Project meets the require- ments of the Loan; and Whereas, as security for the Loan, Virtual Velocity, LLC previously granted to City a mortgage on the Property (the City Mortgage); and Whereas, the Dubuque Initiatives financing of the Project includes a mortgage (the DI Mortgage) and requires that the City Mortgage be subordinate to the DI Mortgage pursuant to a Subordination Agreement; and Whereas, a public hearing was held on the proposed Subordination Agreement was held on June 3, 2024, at 6:30 p.m.; and Whereas, the City Council has tentatively determined that approval of the Subordination Agreement is in the public interest of the City of Dubuque by Resolution No. 169-24. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The Subordination Agreement by and among Virtual Velocity, LLC, Dubuque Initiatives, Michael and Denise Erschen, and the City of Dubuque, IA. is hereby approved. Section 2. That the Mayor is hereby au- thorized and directed to execute the Subordi- nation 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 Subordination Agreement as herein approved. Passed, approved and adopted this 3rd day of June 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Public Hearing for the 2024 Pavement Marking Project - Project Code: 5521000013: Motion by Roussell to receive and file the doc- uments and adopt Resolution No. 170-24 Ap- proval of plans, specifications, form of con- tract, and estimated cost for the 2024 Pave- ment Marking Project. Seconded by Sprank. City Clerk Breitfelder stated that written input was received by Steve Cook. Responding to questions regarding the bike lane pilot project, Traffic Engineer Justine Hull stated that July is the targeted timeframe to have designated bike lanes painted and that feedback on the program would be solicited via phone calls, traffic camera footage, and partnering with organizations such as Dubuque Forward and Dubuque Main Street. Ms. Hull stated that removing certain parking spaces for the pilot project would result in visitors having to park a half block further away. Ms. Hull further stated that city staff are considering various options to reduce project costs if the city decides to permanently install the bike lanes. Responding to a question about renting parking spaces, Ms. Hull and City Manager Van Milligen stated that while the Transportation Services De- partment would be most appropriate to answer the question, the city does not rent on -street parking spaces to individuals and that the city's parking ramps have plenty of vacancies. City Council Members expressed support for the bike lane pilot project. Motion carried 7-0. Page 254 of 1311 Book 154 Regular Session, June 3, 2024 168 RESOLUTION NO. 170-24 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE 2024 PAVEMENT MARK- ING PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the attached plans, specifi- cations, form of contract and estimate of total cost for the 2024 Pavement Marking Project in the estimated amount $247,500.00, are hereby approved. Passed, approved, and adopted this 3rd day of June 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk ACTION ITEMS 1. Adoption of Historic Millwork District Master Plan Update: Motion by Resnick to receive and file the documents and adopt Resolution No. 171-24 Adopting a Master Plan Update for the Historic Millwork District. Se- conded by Jones. City Council Members ex- pressed support for the plan and emphasized that approving the plan does not mean that parking spaces in the district will be immedi- ately eliminated. City Manager Van Milligen confirmed that many conversations will tran- spire prior to any action occurring on parking in the district. Motion carried 7-0. RESOLUTION NO. 171-24 ADOPTING A MASTER PLAN UPDATE FOR THE HISTORIC MILLWORK DISTRICT Whereas, the City Council has requested a Master Plan Update (the Plan) be developed for the Historic Millwork District (the District); and Whereas, Bolton & Menk was hired to as- sist City staff to prepare the Plan; and Whereas, several public meetings were held to provide input on the Plan, a steering committee composed of stakeholders have consulted on the Plan, and several City staff have provided input to the Plan; and Whereas, the revitalization of the District will create new housing, commercial, and retail development opportunities to enhance the economic development in the downtown; and Whereas, it is the determination of the City Council that adoption of the Historic Millwork District Master Plan Update, attached hereto, is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the Historic Millwork Dis- trict Master Plan Update prepared by Bolton & Menk, is hereby adopted. Section 2. That the City Manager is author- ized to take such actions as are necessary to facilitate the recommendations of the Historic Millwork District Master Plan Update as herein approved. Passed, approved and adopted this 3rd day of June 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Request for City Council Ratification of IUOE July 1, 2024, Collective Bargaining Agreement (CBA): Motion by Roussell to re- ceive and file the documents and approve the City of Dubuque/The International Union of Operating Engineers/AFL-CIO, Local #234 (IUOE) Collective Bargaining Agreement to become effective on July 1, 2024. Seconded by Jones. City Council Members thanked city staff and the union for their work on the agreement. Motion carried 7-0. 3. Resolutions of Support for Workforce Housing Tax Credit Applications: Motion by Jones to receive and file the documents and adopt Resolution No. 172-24 Supporting the submission of an Iowa Economic Development Authority (IEDA) application to the Workforce Housing Tax Credit Program by Millwork Flats, L.L.C.; Resolution No. 173-24 Supporting the submission of an Iowa Economic Development Authority (IEDA) application to the Workforce Housing Tax Credit Program by Miller Compa- nies; Resolution No. 174-24 Supporting the submission of an Iowa Economic Development Authority (IEDA) application to the Workforce Housing Tax Credit Program by Corridordbq, LLC; Resolution No. 175-24 Supporting the submission of an Iowa Economic Development Authority (IEDA) application to the Workforce Housing Tax Credit Program by Dubuque Initi- atives; Resolution No. 176-24 Supporting the submission of an Iowa Economic Development Authority (IEDA) application to the Workforce Housing Tax Credit Program by Plastic Center, Inc.; Resolution No. 177-24 Supporting the submission of an Iowa Economic Development Authority (IEDA) application to the Workforce Housing Tax Credit Program by JB Lofts, LLC; and Resolution No. 178-24 Supporting the submission of an Iowa Economic Development Authority (IEDA) application to the Workforce Housing Tax Credit Program by Wilson House Apts, LLC. Seconded by Sprank. City Council Members and City Manager Van Milligen clari- fied that adopting the resolution for Millwork Flats, L.L.C. was a separate action from Item Set for Public Hearing No. 1. City Council Members expressed enthusiasm for this being the highest number of applications submitted for Dubuque in one year. Motion carried 7-0. Page 255 of 1311 Book 154 Regular Session, June 3, 2024 169 RESOLUTION NO. 172-24 SUPPORTING THE SUBMISSION OF AN IOWA ECONOMIC DEVELOPMENT AU- THORITY (IEDA) APPLICATION TO THE WORKFORCE HOUSING TAX CREDIT PROGRAM BY MILLWORK FLATS, L.L.C. Whereas, Millwork Flats, L.L.C. owns the following described real property in the City of Dubuque, IA.: City Lots 384-387 & S 1/2 of City Lot 388 (1065 Jackson, 163 E 10T"); locally known as 1065 Jackson Street; and Whereas, Millwork Flats, L.L.C. proposes to construct sixty-two (62) multi -family residen- tial units on the Property and invest approxi- mately Seventeen Million Five Hundred Thou- sand Dollars ($17,500,000.00) (the Project); and Whereas, the Project will support the City's efforts to create new housing opportunities for a growing workforce within the community; and Whereas, Millwork Flats, L.L.C. has com- mitted a significant amount of private financing to the Project; and Whereas, the Project is located in the Greater Downtown Urban Renewal Area which has been so designated by City Council Reso- lution 123-67, on May 18, 1967 as a slum and blighted area (the Project Area) defined by Iowa Code Chapter 403 (the Urban Renewal Law); and Whereas, pursuant to Iowa Code Section 403.6(1), and in conformance with the Urban Renewal Plan for the Project Area adopted on May 18, 1967, and last amended on Decem- ber 18, 2023, City has the authority to enter into contracts and agreements to implement the Urban Renewal Plan, as amended, includ- ing the issuance of Economic Development Grants and Urban Tax Increment Revenue Obligations; and Whereas, the City and Millwork Flats, L.L.C. have negotiated a Development Agreement scheduled for public hearing June 17, 2024, including the issuance of a $500,000 Forgivable Loan and Urban Tax Increment Revenue Obligations, (the Agreement); and Whereas, once completed, the Property is subject to 10 years of urban revitalization tax abatement per Iowa Code Chapter 404; and Whereas, Millwork Flats, L.L.C.'s applica- tion to the Workforce Housing Tax Credit Pro- gram, a copy of which is attached hereto and by this reference made a part hereof, will pro- vide necessary tax credits and other benefits which will directly contribute to the success of the Project; and Whereas, the City supports said applica- tion to the Workforce Housing Tax Credit Pro- gram by Millwork Flats, L.L.C. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the City Council of the City of Dubuque hereby supports the submission of an Iowa Economic Development Authority Application to the Workforce Housing Tax Credit Program by Millwork Flats, L.L.C. for necessary tax credits and other benefits direct- ly contributing to the success of the Project at 1065 Jackson Street, Dubuque, IA. 52001. Passed, approved and adopted this 3rd day of June 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 173-24 SUPPORTING THE SUBMISSION OF AN IOWA ECONOMIC DEVELOPMENT AU- THORITY (IEDA) APPLICATION TO THE WORKFORCE HOUSING TAX CREDIT PROGRAM BY MILLER COMPANIES Whereas, Miller Companies owns the fol- lowing described real property in the City of Dubuque, IA.: Lot K Key Gate Center No 3 (the Proper- ty); and Whereas, Miller Companies proposes to construct Thirty -Six (36) multi -family residential units on the Property and invest approximately Twelve Million Dollars $12,000,000 in the con- struction of the units (the Project); and Whereas, the Project will support the City's efforts to create new housing opportunities for a growing workforce within the community; and Whereas, Miller Companies has committed a significant amount of private financing to the Project; and Whereas, the Project is anticipated to ap- ply for and be eligible for City incentives, as described in a housing creation incentives program approved by City Council by Resolu- tion No. 292-22 on September 6, 2022; and Whereas, the City will designate an urban revitalization area around the property by De- cember 31, 2024 so that, once completed, the Property is subject to 10 years of urban revital- ization tax abatement per Iowa Code Chapter 404; and Whereas, Miller Companies' application to the Workforce Housing Tax Credit Program, a copy of which is attached hereto and by this reference made a part hereof, will provide necessary tax credits and other benefits which will directly contribute to the success of the Project; and Whereas, the City supports said applica- tion to the Workforce Housing Tax Credit Pro- gram by Miller Companies. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the City Council of the City of Dubuque hereby supports the submission of an Iowa Economic Development Authority Application to the Workforce Housing Tax Page 256 of 1311 Book 154 Regular Session, June 3, 2024 170 Credit Program by Miller Companies for nec- essary tax credits and other benefits directly contributing to the success of the Project at the Property, located at the intersection of Flint Hill Drive and Cross Hill Drive in Dubuque. Passed, approved and adopted this 3rd day of June 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 174-24 SUPPORTING THE SUBMISSION OF AN IOWA ECONOMIC DEVELOPMENT AU- THORITY (IEDA) APPLICATION TO THE WORKFORCE HOUSING TAX CREDIT PROGRAM BY CORRIDORDBQ, LLC Whereas, Corridordbq, LLC owns the fol- lowing described real property in the City of Dubuque, IA.: SM 1/5 of City Lot 451; locally known as 1527 Central Avenue (the Property); and Whereas, Corridordbq, LLC proposes to construct Ten (10) multi -family residential units on the Property and invest approximately Two Million Three Hundred Thousand Dollars $2,300,000 in the construction of the units (the Project); and Whereas, the Project will support the City's efforts to create new housing opportunities for a growing workforce within the community; and Whereas, Corridordbq, LLC has committed a significant amount of private financing to the Project; and Whereas, the Project is anticipated to ap- ply for and be eligible for City incentives, as described in a housing creation incentives program approved by City Council by Resolu- tion No. 292-22 on September 6, 2022; and Whereas, once completed, the Property is subject to 10 years of urban revitalization tax abatement per Iowa Code Chapter 404; and Whereas, Corridordbq, LLC's application to the Workforce Housing Tax Credit Program, a copy of which is attached hereto and by this reference made a part hereof, will provide necessary tax credits and other benefits which will directly contribute to the success of the Project; and Whereas, the City supports said applica- tion to the Workforce Housing Tax Credit Pro- gram by Corridordbq, LLC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the City Council of the City of Dubuque hereby supports the submission of an Iowa Economic Development Authority Application to the Workforce Housing Tax Credit Program by Corridordbq, LLC for nec- essary tax credits and other benefits directly contributing to the success of the Project at the Property, located at the Property at 1527 Cen- tral Avenue in Dubuque. Passed, approved and adopted this 3rd day of June 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 175-24 SUPPORTING THE SUBMISSION OF AN IOWA ECONOMIC DEVELOPMENT AU- THORITY (IEDA) APPLICATION TO THE WORKFORCE HOUSING TAX CREDIT PROGRAM BY DUBUQUE INITIATIVES Whereas, Dubuque Initiatives, Inc. owns the following described real property in the City of Dubuque, IA.: "Kennedy Central Avenue Place" in City Lot 675; and Lot "A" of "Kennedy Central Avenue Place" in City Lot 675; in the City of Dubuque, IA., according to the record- ed plats thereof (the Property); and Whereas, Dubuque Initiatives proposes to create four (4) multi -family residential units on the Property and invest approximately Six Hundred Fifty Thousand Dollars ($650,000) in the creation of the units (the Project); and Whereas, the Project will support the City's efforts to create new housing opportunities for a growing workforce within the community; and Whereas, Dubuque Initiatives has commit- ted a significant amount of private financing to the Project; and Whereas, the Project is anticipated to ap- ply for and be eligible for City incentives, as described in a housing creation incentives program approved by City Council by Resolu- tion No. 292-22 on September 6, 2022; and Whereas, once completed, the Property is subject to ten (10) years of urban revitalization tax abatement per Iowa Code Chapter 404; and Whereas, Dubuque Initiatives' application to the Workforce Housing Tax Credit Program, a copy of which is attached hereto and by this reference made a part hereof, will provide necessary tax credits and other benefits which will directly contribute to the success of the Project; and Whereas, the City supports said applica- tion to the Workforce Housing Tax Credit Pro- gram by Dubuque Initiatives. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the City Council of the City of Dubuque hereby supports the submission of an Iowa Economic Development Authority Application to the Workforce Housing Tax Credit Program by Dubuque Initiatives for nec- essary tax credits and other benefits directly contributing to the success of the Project at the Property, located at the Property at 1701 Cen- tral Avenue in Dubuque. Page 257 of 1311 Book 154 Regular Session, June 3, 2024 171 Passed, approved and adopted this 3rd day of June 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 176-24 SUPPORTING THE SUBMISSION OF AN IOWA ECONOMIC DEVELOPMENT AU- THORITY (IEDA) APPLICATION TO THE WORKFORCE HOUSING TAX CREDIT PROGRAM BY PLASTIC CENTER, INC. Whereas, Plastic Center, Inc. owns the fol- lowing described real property in the City of Dubuque, IA.: E 110' of City Lot 614; locally known as 408 W. 5th Street (the Property); and Whereas, Plastic Center, Inc. proposes to construct Nine (9) multi -family residential units on the Property and invest approximately Two Million Four Hundred Thousand Dollars $2,400,000 in the construction of the units (the Project); and Whereas, the Project will support the City's efforts to create new housing opportunities for a growing workforce within the community; and Whereas, Plastic Center, Inc. has commit- ted a significant amount of private financing to the Project; and Whereas, the Project is anticipated to ap- ply for and be eligible for City incentives, as described in a housing creation incentives program approved by City Council by Resolu- tion No. 292-22 on September 6, 2022; and Whereas, once completed, the Property is subject to 10 years of urban revitalization tax abatement per Iowa Code Chapter 404; and Whereas, Plastic Center, Inc.'s application to the Workforce Housing Tax Credit Program, a copy of which is attached hereto and by this reference made a part hereof, will provide necessary tax credits and other benefits which will directly contribute to the success of the Project; and Whereas, the City supports said applica- tion to the Workforce Housing Tax Credit Pro- gram by Plastic Center, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the City Council of the City of Dubuque hereby supports the submission of an Iowa Economic Development Authority Application to the Workforce Housing Tax Credit Program by Plastic Center, Inc. for nec- essary tax credits and other benefits directly contributing to the success of the Project at the Property, located at the Property at 408 W. 51h Street in Dubuque. Passed, approved and adopted this V day of June 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 177-24 SUPPORTING THE SUBMISSION OF AN IOWA ECONOMIC DEVELOPMENT AU- THORITY (IEDA) APPLICATION TO THE WORKFORCE HOUSING TAX CREDIT PROGRAM BY JB LOFTS, LLC Whereas, JB Lofts, LLC owns the following described real property in the City of Dubuque, IA.: 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; locally known as 1301 Central Avenue (the Property); and Whereas, JB Lofts, LLC proposes to con- struct Thirty (30) multi -family residential units on the Property and invest approximately Sev- en Million Dollars $7,000,000 in the construc- tion of the units (the Project); and Whereas, the Project will support the City's efforts to create new housing opportunities for a growing workforce within the community; and Whereas, JB Lofts, LLC has committed a significant amount of private financing to the Project; and Whereas, the Project is anticipated to ap- ply for and be eligible for City incentives, as described in a housing creation incentives program approved by City Council by Resolu- tion No. 292-22 on September 6, 2022; and Whereas, once completed, the Property is subject to 10 years of urban revitalization tax abatement per Iowa Code Chapter 404; and Whereas, JB Lofts, LLC's application to the Workforce Housing Tax Credit Program, a copy of which is attached hereto and by this reference made a part hereof, will provide necessary tax credits and other benefits which will directly contribute to the success of the Project; and Whereas, the City supports said applica- tion to the Workforce Housing Tax Credit Pro- gram by JB Lofts, LLC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the City Council of the City of Dubuque hereby supports the submission of an Iowa Economic Development Authority Application to the Workforce Housing Tax Credit Program by JB Lofts, LLC for necessary tax credits and other benefits directly contrib- uting to the success of the Project at the Prop- erty, located at the Property at 1301 Central Avenue in Dubuque. Passed, approved and adopted this 3rd day of June 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk Page 258 of 1311 Book 154 Regular Session, June 3, 2024 172 RESOLUTION NO. 178-24 SUPPORTING THE SUBMISSION OF AN IOWA ECONOMIC DEVELOPMENT AU- THORITY (IEDA) APPLICATION TO THE WORKFORCE HOUSING TAX CREDIT PROGRAM BY WILSON HOUSE APTS, LLC Whereas, Wilson House Apts, LLC owns the following described real property in the City of Dubuque, IA.: The Northerly 64 feet of Out Lot No. 662A in the Town (now City) of Dubuque, IA., according to the United States Com- missioners' Plat of the Survey of said Town of Dubuque the Property); and Whereas, Wilson House Apts, LLC pro- poses to construct five (5) multifamily residen- tial units on the Property and invest approxi- mately One Million Five Hundred Thousand Dollars ($1,500,000.00) in the construction of the units (the Project); and Whereas, the Project will support the City's efforts to create new housing opportunities for a growing workforce within the community; and Whereas, Wilson House Apts, LLC has committed a significant amount of private fi- nancing to the Project; and Whereas, the Project is located in the Greater Downtown Urban Renewal Area which has been so designated by City Council Reso- lution 123-67, on May 18, 1967, as a slum and blighted area (the Project Area) defined by Iowa Code Chapter 403 (the Urban Renewal Law); and Whereas, pursuant to Iowa Code Section 403.6(1), and in conformance with the Urban Renewal Plan for the Project Area adopted on May 18, 1967, and last amended on Decem- ber 18, 2023, City has the authority to enter into contracts and agreements to implement the Urban Renewal Plan, as amended, includ- ing the issuance of Economic Development Grants and Urban Tax Increment Revenue Obligations; and Whereas, the City and Wilson House Apts, LLC have negotiated a Development Agree- ment for reference dated May 20, 2024, includ- ing economic development grants and the issuance of Urban Tax Increment Revenue Obligations, (the Agreement) by Resolution No. 145-24; and Whereas, once completed, the Property is subject to ten (10) years of urban revitalization tax abatement per Iowa Code Chapter 404; and Whereas, Wilson House Apts, LLC's appli- cation to the Workforce Housing Tax Credit Program, a copy of which is attached hereto and by this reference made a part hereof, will provide necessary tax credits and other bene- fits which will directly contribute to the success of the Project; and Whereas the City supports said application to the Workforce Housing Tax Credit Program by Wilson House Apts, LLC NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the City Council of the City of Dubuque hereby supports the submission of an Iowa Economic Development Authority Application to the Workforce Housing Tax Credit Program by Wilson House Apts, LLC for necessary tax credits and other benefits direct- ly contributing to the success of the Project at 1243 Locust Street, Dubuque, IA. 52001. Passed, approved and adopted this 3rd day of June 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Recommendation to Close 15th Street Railroad At -Grade Crossing - Canadian Pacific Kansas City Limited Railroad Request: Motion by Roussell to receive and file the documents and adopt Resolution No. 179-24 Authorizing to permanently close the 15th Street railroad at -grade crossing. Seconded by Wethal. City Council Members lauded the city's data -driven approach to collecting resident input and the possibility of the city becoming a designated quiet zone. Motion carried 7-0. RESOLUTION NO. 179-24 AUTHORIZING TO PERMANENTLY CLOSE THE 15T" STREET RAILROAD AT -GRADE CROSSING Whereas, the impending increase in train traffic due to the recent merger of the Canadi- an Pacific and Kansas City Southern (CPKC) railroads will negatively impact our City with the number of trains passing daily through the downtown urban core of the City doubling, from 9 trains to 18 trains by 2027; and Whereas, in consideration of the proposed 14th Street Railroad (vehicular and pedestrian) Overpass bridge, and the City's interest in implementing safety improvements at all elev- en (11) railroad at -grade crossings in the downtown area; and Whereas, said railroad at -grade crossings improvements would allow the City to request the Federal Railroad Administration establish a Railroad Quiet Zone designation for Dubuque; and Whereas, as part of the CPKC's efforts to improve safety, and reduce delays at railroad crossings, the railroad has identified safety improvements that will need to be made at the 15th Street crossing location; and Whereas, in lieu of CPKC investing costs at the 15th Street crossing location, the railroad will compensate the City in the amount of $100,000 for the permanent closure of the existing 15th Street railroad at -grade crossing; and Page 259 of 1311 Book 154 Regular Session, June 3, 2024 173 Whereas, to assist with the implementation of the Railroad Quiet Zone, the railroad will support a grant application by the City to the Iowa Department of Transportation for a cross- ing -closure incentive match payment of an additional $100,000 from the State Iowa Sec- tion 130 grant program; and Whereas, there are existing at -grade rail crossings one block to the north at 16th Street and one block to the south at 14th Street; and Whereas, in furtherance of the City efforts to create a Railroad Quiet Zone designation and to end the noise burden of downtown resi- dents, downtown businesses, and guests at locations such as nearby hotels who experi- ence all of the train horn noise 24 hours a day, it is appropriate to close the 15th Street cross- ing; and Whereas, the permanent closure of the 15th Street railroad at -grade crossing will im- prove safety and help the City establish a Rail- road Quiet Zone designation. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQE, IOWA, THAT: Section 1. The City is hereby authorized to permanent closure of the existing 15th Street railroad at -grade crossing. Section 2. The City Manager is authorized to develop and execute an agreement with Canadian Pacific Kansas City Limited Railroad for the permanent closure of the existing 15th Street at -grade railroad crossing. Passed, approved, and adopted this 3rd day of June 2024 Brad M. Cavanagh, Mayor Attest: Adreinne N. Breitfelder, City Clerk 5. Recommendation for Replacement Agenda and Meeting Management System: Motion by Jones to receive and file the docu- ments and approve executing the agreement with CivicPlus for their Agenda and Meeting Management Select software to replace Novu- sAGENDA as the city's software for City Council meeting agendas. Seconded by Sprank. City Council Members thanked the selection committee for their work and empha- sized the necessity for changing the city's agenda software. Motion carried 7-0. 6. Work Session Request: Chaplain Schmitt Island Redevelopment Plan: Motion by Jones to receive and file the documents and discuss scheduling the work session. Second- ed by Resnick. Council Member Jones sug- gested modifying the start time to 4:00 p.m. and hosting the session at Q Casino so the City Council could tour their remodeled show- room. Mayor Cavanagh stated many City Council Members may be unable to attend a 4:00 p.m. session and that hosting it in Council Chambers allows the session to be broadcast and recorded for the public. Motion amended by Jones to schedule the work session for July 15, 2024, at 5:30 p.m. in City Council Cham- bers. Seconded by Resnick. Motion carried 7- 0. 7. Work Session Request: Four Mounds Foundation: Motion by Jones to receive and file the documents and schedule the work ses- sion for August 5, 2024, at 6:00 p.m. Second- ed by Sprank. Motion carried 7-0. 8. Delivering Dubuque Video - Housing & Community Development: Motion by Roussell to receive and file the documents and view the video. Seconded by Jones. Public Information Office staff showed the newest edition of De- livering Dubuque video series, which focuses on the programs offered by the Housing & Community Development Department. The video can be viewed at https://Voutu.be/WFBsv ZZOmnY?si=EpZbXObOiVxBHbG3. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Sprank reported on at- tending the Multicultural Family Center's Pride Family Festival. Council Member Roussell reported on at- tending a celebration for Marshallese Constitu- tion Day. Council Member Wethal also reported on the Pride Family Festival and further stated that the state's primary election was occurring on June 4th Council Member Resnick reported on the City Council's upcoming goal setting. Council Member Farber reported on at- tending the Federal Communications Commis- sion's (FCC) advisory committee meeting last week. Mayor Cavanagh reported on touring Liber- ty Recovery Center and attending the Ameri- can Flood Coalition Summit in Washington, D.C. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 8:08 p.m. to discuss Pending Litigation and Purchase or Sale of Real Estate — Chap- ter 21.5(1)(c),O) 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 9:14 p.m. stating that staff had been given proper direction. Page 260 of 1311 174 ADJOURNMENT Special Session, June 17, 2024 There being no further business, Mayor Cavanagh declared the meeting adjourned at 9:15 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk Book 154 CITY OF DUBUQUE IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:15 p.m. on June 17, 2024, 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 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 equitable poverty prevention met- rics. WORK SESSION Equitable Poverty Prevention Metrics Update Director of the Office of Shared Prosperity and Neighborhood Support Anderson Sainci, Data Analyst Braden Daniels, Greater Dubu- que Development Corporation (GDDC) Presi- dent & CEO Rick Dickinson, Housing & Com- munity Development Director Alexis Steger, and Transportation Services Director Ryan Knuckey provided an update on the state of poverty in the City of Dubuque and responded to questions from the City Council. In response to questions about the presented data, Mr. Daniels said he could offer additional infor- mation on income levels and reasons for mort- gage application denials. Mr. Daniels acknowl- edged the challenges of obtaining the data, given Dubuque's small population and its small subgroups, but he expressed confidence in the data provided. Mr. Sainci stated that GDDC's and Northeast Iowa Community College's (NICC) partnership on Opportunity Dubuque is addressing unemployment. Mr. Sainci advised the City Council to utilize data during their an- nual goal setting. There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:27 p.m. /s/Adrienne N. Breitfelder, City Clerk Page 261 of 1311 175 Regular Session, June 17, 2024 Book 154 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 17, 2024, 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 Attorney Brumwell. Mayor Cavanagh read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PRESENTATION(S) 1. Bee Branch Creek Railroad Culverts and Pedestrian Tunnel Project Award Presentation: Project Manager Steve Sampson Brown intro- duced Mike Jansen and Eric Vieth of Strand Associates, who presented the city with the 2024 American Council of Engineering Com- panies (ACEC) Iowa Grand Prize Award and the 2024 ACEC Wisconsin Best of State Award from the ACEC for the successful com- pletion of the Bee Branch Creek Railroad Cul- verts and Pedestrian Tunnel Project. PROCLAMATION(S) 1. Juneteenth National Independence Day (June 19, 2024) was accepted by Multicultural Family Center Director Antonio Mouzon and Multicultural Family Center Board Member Claudette Bees on behalf of the Multicultural Family Center. CONSENT ITEMS Council Member Wethal requested Item No. 9 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. 9. Seconded by Farber. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of May 29 and June 3, 2024; Civil Service Commission of June 5, 2024; Equity and Human Rights Commission of April 9, 2024; Zoning Advisory Commission of May 1, 2024; Zoning Advisory Commission Unapproved Minutes of June 5, 2024; Proof of Publication for City Council Proceedings of May 6, May 13, and May 20, 2024. Upon mo- tion the documents were received and filed. 2. Notice of Claims and Suits: Gregory and Jackie Chapman for vehicle damage; Jona- than Denham for vehicle damage; Lucas Go- nyier for property damage; Schneider National Carriers 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: Gregory and Jackie Chapman for vehicle damage; Jonathan Dehman for vehicle dam- age; Lucas Gonyier for property damage; Schneider National Carriers for property dam- age. 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. 180-24 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. 180-24 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 generally accepted internal control procedures and have been determined to have been req- uisitioned for a lawful municipal purpose; and Whereas, the Chief Financial Officer -City Treasurer has provided a list of Expenditures attached hereto, and by this reference made a part hereof, to be drawn to pay for goods and services provided for City purposes; and Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142-18 adopted May 7, 2018, authorized the Chief Financial Officer -City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is attached Page 262 of 1311 Book 154 Regular Session, June 17, 2024 176 hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. 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 Financial Officer are hereby authorized and directed to provide the statement of receipts and disbursements to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 17th day of June 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Walmart, Inc. and Wal-Mart Real Estate Business Trust 2023 Property Tax Appeal Stipulation of Settlement Notice: Senior Coun- sel transmitted notice of a Stipulation of Set- tlement for a 2023 property tax appeal filed by Walmart, Inc. and Wal-Mart Real Estate Busi- ness Trust for their property located at Parcel No. 1028352901. Upon motion the documents were received and filed. 6. Walmart, Inc. and Sam's Real Estate Business Trust 2023 Property Tax Appeal Stipulation of Settlement: Senior Counsel transmitted notice of a Stipulation of Settle- ment for a 2023 property tax appeal filed by Walmart, Inc. and Sam's Real Estate Business Trust for their property located at 4400 Asbury Road. Upon motion the documents were re- ceived and filed. 7. Tax Appeal Rulings - Comfort Inn and Baymont Inn: Senior Counsel provided a copy two recent rulings by the Iowa Property As- sessment Appeal Board upholding the City of Dubuque Board of Review January 1, 2023, assessed values for the Comfort Inn at 4055 McDonald Drive and the Baymont Inn at 4024 McDonald Drive. Upon motion the documents were received and filed. 8. Update on 2023 and 2024 Property Tax Appeals: Upon motion the documents were received and filed. 9. Contracted Service Agreements Fiscal Year 2025: Council Member Wethal stated that she would abstain from voting on this item because her father serves as the President and CEO of GDDC. Motion by Jones to re- ceive and file the documents and approve the contracted services agreements with the fol- lowing agencies and authorize the Mayor to execute the contracts on behalf of the City: 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 De- velopment Corporation, and Travel Dubuque. Seconded by Resnick. Motion carried 6-0 with abstention from Wethal. 10. Contracted Service Agreements Fiscal Year 2025 for Community Foundation of Greater Dubuque: City Attorney recommended City Council approve the attached Contracted Services Agreements with the Community Foundation of Greater Dubuque for Inclusive Dubuque and Project HOPE and authorizes the Mayor to execute the contracts on behalf of the City. Upon motion the documents were received, filed, and approved. 11. July/August 2024 City News Newslet- ter: Upon motion the documents were received and filed. 12. Corrected Fiscal Year 2025 Dollars & Cents Brochure: City Manager provided a copy of the corrected Fiscal Year 2025 Dollars and Cents brochure. This updated version displays the correct FY25 City Property Tax Payment for the average residential property of $855.82. A previous version of the brochure listed an incorrect amount of $885.22. Upon motion the documents were received and filed. 13. 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, 2024, with a rain date of July 4, 2024. Upon motion the documents were received, filed, and ap- proved. 14. 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, 2024, with a rain date of July 5, 2024. Upon motion the documents were received, filed, and approved. 15. Fiscal Year 2025 Purchase of Services Grant Recommendations & Agreements: Upon motion the documents were received and filed, and Resolution No. 181-24 Authorizing execu- tion of FY25 Purchase of Services Grant Agreement to Four Mounds Foundation; Reso- lution No. 182-24 Authorizing execution of FY25 Purchase of Services Grant Agreement to Four Oaks Family and Children's Services; Page 263 of 1311 Book 154 Regular Session, June 17, 2024 177 Resolution No. 183-24 Authorizing execution of FY25 Purchase of Services Grant Agree- ment to Iowa Legal Aid; Resolution No. 184-24 Authorizing execution of FY25 Purchase of Services Grant Agreement to Northeast Iowa Area Agency on Aging, Inc.; Resolution No. 185-24 Authorizing execution of FY25 Pur- chase of Services Grant Agreement to Presen- tation Lantern Center; Resolution No. 186-24 Authorizing execution of FY25 Purchase of Services Grant Agreement to St. Mark Youth Enrichment; Resolution No. 187-24 Authoriz- ing execution of FY25 Purchase of Services Grant Agreement to Waypoint were adopted. RESOLUTION NO. 181-24 AUTHORIZING EXECUTION OF FY25 PUR- CHASE OF SERVICES GRANT AGREE- MENT TO FOUR MOUNDS FOUNDATION Whereas, Four Mounds Foundation pre- pared and submitted requests to provide sup- port for human service programs in the City of Dubuque;and Whereas, the City Council approved the Fiscal Year 2025 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 15, 2024; 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, IA.: Section 1. That the Funding Approv- al/Agreements, authorized by the Community Development Advisory Commission beginning July 1, 2024, for Purchase of Services Grant to 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 relat- ed documents on behalf of the City of Dubu- que, IA. Passed, approved, and adopted this 17th day of June 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk RESOLUTION NO. 182-24 RESOLUTION AUTHORIZING EXECUTION OF FY25 PURCHASE OF SERVICES GRANT AGREEMENT TO FOUR OAKS FAMILY AND CHILDREN'S SERVICES Whereas, Four Oaks Family and Children's Services prepared and submitted requests to provide support for human service programs in the City of Dubuque; and Whereas, the City Council approved the Fiscal Year 2025 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 15, 2024; 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, IA.: Section 1. That the Funding Approv- al/Agreements, authorized by the Community Development Advisory Commission beginning July 1, 2024, for Purchase of Services Grant to Four Oaks Family and Children's Services 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 relat- ed documents on behalf of the City of Dubu- que, IA. Passed, approved, and adopted this 17th day of June 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk RESOLUTION NO. 183-24 AUTHORIZING EXECUTION OF FY25 PUR- CHASE OF SERVICES GRANT AGREE- MENT TO IOWA LEGAL AID Whereas, Iowa Legal Aid prepared and submitted requests to provide support for hu- man service programs in the City of Dubuque; and Whereas, the City Council approved the Fiscal Year 2025 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 15, 2024; 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, IA.: Section 1. That the Funding Approv- al/Agreements, authorized by the Community Development Advisory Commission beginning July 1, 2024, for Purchase of Services Grant to Iowa Legal Aid 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 relat- ed documents on behalf of the City of Dubu- que, IA. Page 264 of 1311 Book 154 Regular Session, June 17, 2024 178 Passed, approved, and adopted this 17th day of June 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk RESOLUTION NO. 184-24 RESOLUTION AUTHORIZING EXECUTION OF FY25 PURCHASE OF SERVICES GRANT AGREEMENT TO NORTHEAST IOWA AREA AGENCY ON AGING, INC. Whereas, Northeast Iowa Area Agency on Aging, Inc. prepared and submitted requests to provide support for human service programs in the City of Dubuque; and Whereas, the City Council approved the Fiscal Year 2025 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 15, 2024; 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, IA.: Section 1. That the Funding Approv- al/Agreements, authorized by the Community Development Advisory Commission beginning July 1, 2024, for Purchase of Services Grant to Northeast Iowa Area Agency on Aging, Inc. 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 relat- ed documents on behalf of the City of Dubu- que, IA. Passed, approved, and adopted this 17th day of June 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk RESOLUTION NO. 185-24 AUTHORIZING EXECUTION OF FY25 PUR- CHASE OF SERVICES GRANT AGREE- MENT TO PRESENTAION LANTERN CEN- TER Whereas, Presentation Lantern Center prepared and submitted requests to provide support for human service programs in the City of Dubuque; and Whereas, the City Council approved the Fiscal Year 2025 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 15, 2024; 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, IA.: Section 1. That the Funding Approv- al/Agreements, authorized by the Community Development Advisory Commission beginning July 1, 2024, for Purchase of Services Grant to Presentation Lantern Center 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 relat- ed documents on behalf of the City of Dubu- que, IA. Passed, approved, and adopted this 17th day of June 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk RESOLUTION NO. 186-24 AUTHORIZING EXECUTION OF FY25 PUR- CHASE OF SERVICES GRANT AGREE- MENT TO ST. MARK YOUTH ENRICHMENT Whereas, St. Mark Youth Enrichment pre- pared and submitted requests to provide sup- port for human service programs in the City of Dubuque; and Whereas, the City Council approved the Fiscal Year 2025 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 15, 2024; 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, IA.: Section 1. That the Funding Approv- al/Agreements, authorized by the Community Development Advisory Commission beginning July 1, 2024, for Purchase of Services Grant to St. Mark Youth Enrichment 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 relat- ed documents on behalf of the City of Dubu- que, IA. Passed, approved, and adopted this 17th day of June 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk RESOLUTION NO. 187-24 AUTHORIZING EXECUTION OF FY25 PUR- CHASE OF SERVICES GRANT AGREE- MENT TO WAYPOINT Whereas, Waypoint prepared and submit- ted requests to provide support for human Page 265 of 1311 Book 154 Regular Session, June 17, 2024 179 service programs in the City of Dubuque; and Whereas, the City Council approved the Fiscal Year 2025 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 15, 2024; 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, IA.: Section 1. That the Funding Approv- al/Agreements, authorized by the Community Development Advisory Commission beginning July 1, 2024, for Purchase of Services Grant to Waypoint 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 relat- ed documents on behalf of the City of Dubu- que, IA. Passed, approved, and adopted this 17th day of June 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 16. First Amendment to CDBG Subrecipi- ent Agreement between the City of Dubuque and Catholic Charities of the Archdiocese of Dubuque: Upon motion the documents were received and filed, and Resolution No. 188-24 Authorizing the First Amendment to the CDBG Subrecipient Agreement between the City of Dubuque and Catholic Charities of the Archdi- ocese of Dubuque was adopted. RESOLUTION NO. 188-24 AUTHORIZING THE FIRST AMENDMENT TO THE CDBG SUBRECIPIENT AGREE- MENT BETWEEN THE CITY OF DUBUQUE AND CATHOLIC CHARITIES OF THE ARCHDIOCESE OF DUBUQUE Whereas, the City of Dubuque and Catho- lic Charities of the Archdiocese of Dubuque entered into a CDBG Subrecipient Agreement dated September 18, 2023, with respect to a rehab to completely replace and modernize two electric elevators; and Whereas, the parties desire to modify the Subrecipient Agreement as set out in the First Amendment to the Subrecipient Agreement attached hereto; and Whereas, the Ecumenical Tower provides services to a minimum 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, IA. THAT: 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. Section 3. That the Mayor of the City of Dubuque Iowa is hereby authorized and di- rected to designate the City Manager or the Housing and Community Development De- partment Director to execute said Amendment and related documents on behalf of the City of Dubuque, IA. Passed, approved, and adopted this 17th day of June 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 17. Agreement between the City of Dubu- que and Rabbit Hollow Nature Conservancy, Inc. for the Grant of Easements for Sanitary Sewer Utility and Sanitary Sewer Access for the Phase One Old Mill Road Lift Station Pro- ject: Upon motion the documents were re- ceived and filed, and Resolution No. 189-24 Approving an Agreement by and between the City of Dubuque, IA. and Rabbit Hollow Nature Conservancy, Inc. for the Grant of Easements for Sanitary Sewer Utility and Sanitary Sewer Access for the Old Mill Rd. Lift Station Project was adopted. RESOLUTION NO. 189-24 APPROVING AN AGREEMENT BY AND BE- TWEEN THE CITY OF DUBUQUE, IA. AND RABBIT HOLLOW NATURE CONSERVAN- CY, INC. FOR THE GRANT OF EASEMENTS FOR SANITARY SEWER UTILITY AND SAN- ITARY SEWER ACCESS FOR THE OLD MILL RD. LIFT STATION PROJECT Whereas, Rabbit Hollow Nature Conserv- ancy, Inc. is the owner of the following de- scribed real property in Dubuque County, IA.: Parts of Lot A of Old Mill Subdivision No. 3 and Lot 2 of McNamer Acres #4, in the City of Dubuque, IA., as shown on Exhibit A attached hereto and by reference made a part hereof; Parts of Lot 2 of Rabbit Hollow Place and Lot 1 of Rabbit Hollow Place # 2, in the City of Dubuque, IA., as shown on Exhibit B attached hereto and by reference made a part hereof; Parts of Lot 2 of Rabbit Hollow Place # 2, in the City of Dubuque, IA., as shown on Exhibit C attached hereto and by refer- ence made a part hereof; Parts of Lot 2 of Rabbit Hollow Place and Lot 1 of Rabbit Hollow Place # 2 and Lot 1 of Rabbit Hollow Place # 7, in the City of Dubuque, IA., as shown on Exhibit D Page 266 of 1311 Book 154 Regular Session, June 17, 2024 180 attached hereto and by reference made a part hereof; Parts of Lots 1, 2, 3, and 4 of Faldorf- Dockal Woodland Preserve, in the City of Dubuque, IA., as shown on Exhibit E at- tached hereto and by reference made a part hereof; and Whereas, the purchase of easements on the above -described property as set forth in the attached Agreement for the Grants of Easements by the City of Dubuque is neces- sary for the construction of the Old Mill Rd. Lift Station Project; and Whereas, the City Council of the City of Dubuque finds that the purchase of the ease- ments is in the best interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. AS FOLLOWS: Section 1. The Agreement for the Grants of Easements is hereby approved. Section 2. Upon receipt by Rabbit Hollow Nature Conservancy, Inc. of consideration recited in the Grants of Easements, Rabbit Hollow Nature Conservancy, Inc. shall deliver the Grants of Easements to the City. Section 3. The City Manager is authorized and directed to take such action as is neces- sary to carry out the purchase of the Grants of Easements. Passed, approved and adopted this 17th day of June 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 18. Purchase Agreement between the City of Dubuque, Rabbit Hollow Nature Conservan- cy, Inc. and Iowa Natural Heritage Foundation: Upon motion the documents were received and filed, and Resolution No. 190-24 Approv- ing a Purchase Agreement between the City of Dubuque, Rabbit Hollow Nature Conservancy, Inc. and Iowa Natural Heritage Foundation and authorizing the acceptance of the deed to cer- tain real estate in Dubuque County, IA. was adopted. RESOLUTION NO. 190-24 APPROVING A PURCHASE AGREEMENT BETWEEN THE CITY OF DUBUQUE, RAB- BIT HOLLOW NATURE CONSERVANCY, INC. AND IOWA NATURAL HERITAGE FOUNDATION AND AUTHORIZING THE ACCEPTANCE OF THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IA. Whereas, Rabbit Hollow Nature Conserv- ancy, Inc. (Rabbit Hollow) is the owner of the following described real property: Lot 2 of Lot 2 of Lot 1 of Mineral Lot 507, in the City of Dubuque, IA. (the Property); and Whereas, City, Rabbit Hollow and Iowa Natural Heritage Foundation have tentatively entered into a Purchase Agreement for the Property, a copy of which is attached hereto, subject to City Council approval; and Where the City Council finds that it is in the best interests of the City of Dubuque to ap- prove the Purchase Agreement and accept the Deed from Rabbit Hollow. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE AS FOLLOWS: Section 1. The Purchase Agreement is hereby approved. Section 2. The Mayor is hereby authorized and directed to sign the Purchase Agreement 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. Section 3. The City Clerk is hereby author- ized to accept the Deed from Rabbit Hollow Nature Conservancy, Inc. and to record the Deed with the Dubuque County Recorder. Passed, approved and adopted this 17th day of June 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 19. Althauser St. Retaining Wall Repair Project (Project 5524000003, 4281000005): Upon motion the documents were received and filed, and Resolution No. 191-24 Accept- ing the Althauser St. Retaining Wall Repair Project and authorizing final payment to the contractor was adopted. RESOLUTION NO. 191-24 ACCEPTING THE ALTHAUSER ST. RETAIN- ING WALL REPAIR PROJECT AND AU- THORIZING FINAL PAYMENT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Althauser St. Retaining Wall Repair Project (the Project) has been completed by the contractor, Tschiggfrie Excavating Co. (Contractor), and the City Engineer has exam- ined the work and recommends that the Pro- ject be accepted; and Whereas, the final contract amount for the Project is $181,329.39; and Whereas, the Contractor has previously been paid $171,502.92, leaving a balance of $9,826.47; 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, IA.: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Page 267 of 1311 Book 154 Regular Session, June 17, 2024 181 Section 2. The Director of Finance and Budget is hereby directed to pay the balance of the retainage of $9,826.47 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 1711 day of June 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 20. Signed Contract(s): CivicPlus for Agenda and Meeting Management Select. Upon motion the documents were received and filed. 21. Improvement Contracts / Performance, Payment and Maintenance Bonds: Drew Cook & Sons Excavating Company, Inc. for the 2024 ADA Sidewalk Curb Ramp Project Four. Upon motion the documents were received, filed, and approved. 22. Jule Purchase of Three (3) Paratransit Buses: Upon motion the documents were re- ceived, filed, and approved. 23. Plat of Survey of Oberbroeckling Sub- division No. 3: Upon motion the documents were received and filed, and Resolution No. 192-24 Approving the Final Plat of Ober- broeckling Subdivision No. 3, Dubuque Coun- ty, IA. was adopted. RESOLUTION NO. 192-24 APPROVING THE FINAL PLAT OF OBER- BROECKLING SUBDIVISION NO. 3, DUBU- QUE COUNTY, IA. Whereas, there has been filed with the City Clerk a Final Plat of Oberbroeckling Subdivi- sion No. 3, Dubuque County, IA.; 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 statutes and ordinances relat- ing thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the Final Plat of Ober- broeckling Subdivision No. 3 Dubuque County, IA. is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubu- que, IA. upon said Final Plat. Passed, approved and adopted this 171h day of June 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 24. Iowa Department of Inspections and Appeals New Interagency Agreement: City Manager recommended City Council approve the 28E agreement with the Iowa Department Inspections and Appeals for inspections, per- formance of food and hotel licensing, and en- forcement with respect to retail food estab- lishments. Upon motion the documents were received, filed, and approved. 25. Food and Drug Administration (FDA) Long -Term Limited Scope Food, Feed and Cosmetics Information Sharing Agreement (ISA): City Manager recommended City Coun- cil approve the five-year 20.88 agreement with the FDA and authorize the City Manager to sign the agreement. Upon motion the docu- ments were received, filed, and approved. 26. Private Hauler Waste Disposal Fee Changes for Fiscal Year 2025: Upon motion the documents were received and filed, and Resolution No. 193-24 Establishing the sched- ule of rates for the disposal of private hauled waste to the Water & Resource Recovery Cen- ter as provided for in 13-2B-8(F) of the City of Dubuque Code of Ordinances was adopted. RESOLUTION NO. 193-24 ESTABLISHING THE SCHEDULE OF RATES FOR THE DISPOSAL OF PRIVATE HAULED WASTE TO THE WATER & RE- SOURCE RECOVERY CENTER AS PRO- VIDED FOR IN 13-2B-8(F) OF THE CITY OF DUBUQUE CODE OF ORDINANCES Whereas, the Water & Resource Recovery Center (WRRC) provides wastewater treat- ment for residential, commercial, and industrial users in the city of Dubuque and surrounding areas; and Whereas, the WRRC receives wastewater through the sanitary sewer collection system and permitted waste hauled to the treatment facility; and Whereas, hauled waste can be categorized as domestic septage; high strength waste (waste with higher levels of pollutants than domestic waste); fats, oils, and grease (FOG); and inorganic waste. Whereas, provided for in 13-2B-8(F) of the City Code of Ordinances, the rate to be charged for domestic sewage discharged at the wastewater plant by private haulers shall be established by resolution. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. Establishes the rates for the disposal of private hauled waste at the WRRC pursuant to the schedule of rates as follows: Private Hauled Waste Disposal Rate Schedule High Strength Waste - $0.080 per gal. Fats, Oils, & Grease (FOG) - $0.063 per gal. Page 268 of 1311 Book 154 Regular Session, June 17, 2024 182 Septage (originating within city limits) - $0.090 per gal. Septage (originating outside city limits) - $0.120 per gal. Inorganic waste (e.g., car wash grit) - $0.050 per pound Section 2. The given rate schedule shall take effect on July 1, 2024. Passed, approved and adopted this 17th day of June 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 27. Water Resource Recovery Center Fa- cility Plan Development Request to release an RFQ to hire engineering consultant: Upon mo- tion the documents were received, filed, and approved. 28. City of Dubuque Consumer Confidence Water Quality Report 2024: Upon motion the documents were received and filed. 29. 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 5, 2024 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 11, 2024. We, The Civil Service Commission, hereby certify that the individuals listed below have passed the written examination or are using a valid transfer score and any vacancies for the position of Police Officer should be filled from this list and that this list is good through March 12, 2025. Police Officer 1. Colton Bach — Transfer Score, 2. Alyssa Barrantes — Transfer Score, 3. Daniel Brimmer — Transfer Score, 4. Christopher Chase, 5. David DeMarais, 6. Sebastian Fox, 7. Richard Kalpinski, 8. Joseph Kimball, 9. Marcus Leit- zen — Transfer Score, 10. Camerin McClain, 11. John Michel — Transfer Score, 12. Melissa Seaman — Transfer Score, 13. Nicholas Smith, 14. Derick Sweney, 15. Jaycob Thompson — Transfer Score, 16. Drake Wedel, 17. Dave Weis III — Transfer Score Respectfully Submitted, /s/ Danial White Civil Service Commissioner 30. Retail Alcohol License Refund: Re- quest from The Bridge Restaurant, located at 31 Locust Street, for a refund of Retail Alcohol License No. LC0026818 in the amount of $406.25 due to business closing. Upon motion the documents were received, filed, approved. 31. Approval of Retail Alcohol Licenses: Upon motion the documents were received and filed, and Resolution No. 194-24 Approv- ing applications for retail alcohol licenses, as required by City of Dubuque Code of Ordi- nances Title 4 Business and License Regula- tions, Chapter 2 Liquor Control, Article B Liq- uor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 194-24 APPROVING APPLICATIONS FOR RETAIL ALCOHOL LICENSES, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANC- ES 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 re- quirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. 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 Wine Shop, 955 Washington St. Jesters Lounge, 333 East 10th St LL6 Renewals 7 Hills Brewing Co, LLC, 1085 Washington St. & 1098 Jackson St. Adobo's Mexican Grill, 756 Main St American Legion Post 6, 1306 Delhi St. Beecher Wine and Spirit, 1691 Asbury Rd. Diamond Jo Casino, 301 Bell St. Dubuque Bowling Lanes, 1029 1/2 Main St. Fischer Lanes, 880 Locust St. Five Flags Center, 405 Main St. Fox Den Motel, 920 Main St. Jubeck New World Brewing LLC, 115 West 11 th St. Kwik Star 236, 2035 John F. Kennedy Rd Los Aztecas III Mexican Restaurant, 2345 NW Arterial Oolong Asia Cuisine, 145 West 11th Paul's Tavern, 176 Locust St. Pioneer's Rest Area, 4900 Old Highway Rd. Smokestack, 62 East 7th St. The Grand Opera House, 135 West 8th St. Special Event(s) per Special Event Application Submittal. Provisional Issuances Page 269 of 1311 Book 154 Regular Session, June 17, 2024 183 Dimensional Brewing - Expanding outdoor service: 6-11-24, 6-12-24, 1 block of Main St. from West 1 st St, south to the end of Main, in conjunction with Travel Dubuque Special Event E3021 — UD Party with Sparty - 6-25-24 to 6- 29-24, Patio between Algona and McCor- mick Streets, formally Grace Street. Rain Location — Welcome Center Lobby Jubeck New World Brewing Expanding out- door service: 6-1-24, 6-8-24, 6-15-24, 6- 29-24, 115 West 11 th St. Passed, approved, and adopted this 171h day of June 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 32. Approval of Retail Tobacco, Alternative Nicotine, and Vapor Product Permit Applica- tions: Upon motion the documents were re- ceived and filed, and Resolution No. 195-24 Approving applications for retail permits to sell Tobacco, Tobacco Products, Alternative Nico- tine Products, and Vapor Products, as required by Iowa Code §453A.47A was adopted. RESOLUTION NO. 195-24 APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES / NICO- TINE / VAPOR PERMITS, AS REQUIRED BY IOWA CODE 453A.47A Whereas, applications for Ciga- rette/Tobacco/Nicotine/Vapor Permit Sales have been submitted and filed with the City Clerk; and Whereas, the applicants have filed the proper application and fees as required by the Iowa Department of Revenue; and Whereas, the Iowa Department of Reve- nue requires all applications be approved by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. THAT: Section 1. The City Clerk is hereby author- ized and directed to cause to be issued the following named applicants and locations for Cigarette/Tobacco/Nicotine/Vapor retail permit. Effective from: July 1, 2024, to June 30, 2025 Business Name, Business Address Beecher Liquor, 1691 Asbury Rd. Central Grocery and Beauty, 1572 Central Ave 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 Discount Gas, 10 South Main St. Dubuque Mining Co., 555 John F. Kennedy Rd. #600 Dubuque Tobacco and Grocery, 1248 Iowa St. Dubuque Wine & Spirits, 2013 Central Ave. #2 Dubuque Wine and Spirits, 3305 Asbury Rd. Fas Mart #5159, 2175 Central Ave. Fuel Express Food Mart, 250 West 1st Street Kwik Star 1184, 1180 Kerper Crt. Liquor Tobacco and Grocery, 1998 Jackson St Pink Clouds Smoke Shop, 3301 Pennsylvania Ave. Pink Clouds Smoke Shop, 4835 Asbury Rd. Pioneer's Rest Stop, 4900 Old Hwy Rd. Super Stop IV, 535 Hill St. Suite A The Altered State, 1523 Central Ave. United Cigar and Tobacco, 333 East 10th St. Walgreens #11942, 345 East 20th St. Walgreens #6154, 2260 John F. Kennedy Rd. Walgreens #9708, 55 John F. Kennedy Rd. Passed, approved, and adopted this 17th day of June 2024. 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. 1. Arts and Cultural Affairs Advisory Com- mission: One, 3-Year term through June 30, 2027 (Expiring Business Professional term of Chesney). Applicants: Georgina Guerrero, 245 Princeton PI.; Fraco Menchaca, 2685 Raven Oaks; Nikkole Nutter, 305 Clarke Dr. 2. Board of Library Trustees: One, 4-Year term through July 1, 2028 (Expiring term of Monk). Applicant: Christina Monk, 2770 Van Buren St. 3. Cable Television Commission: One, 3- Year term through July 1, 2027 (Expiring term of Tigges). Applicant: Jennifer Tigges, 4927 Wild Flower Dr. 4. Civic Center Advisory Commission: Two, 3-Year terms through June 29, 2027 (Expiring terms of Jacobs and Parks). Applicants: Pamela Birch, 1910 Amelia Dr.; Bryce Parks, 2770 Van Buren St. 5. Equity and Human Rights Commission: Two, 3-Year terms through January 1, 2027 (Expired terms of Heiar and Link). Applicants: Rick Baumhover, 601 Garfield Ave.; David Heiar, 805 Carriage Hill Dr.; Nikkole Nutter, 305 Clarke Dr.; Ashley Regan, 1100 N. Booth St. 6. Historic Preservation Commission: One, 3-Year term through July 1, 2027 (Expiring term of Gau). Applicant: Tim Gau, 2529 Wind- sor Ave. Page 270 of 1311 Book 154 Regular Session, June 17, 2024 184 7. Housing Appeals and Mediation Board: One, 3-Year term through January 1, 2027 (Vacant term of Spence). Applicant: January Tylor, 2828 Jackson St. 8. Investment Oversight Advisory Commis- sion: One, 3-Year term through July 1, 2027 (Expiring term of Valaskey). Applicant: Molly Valaskey, 1385 Alta Vista St. City Clerk Breit- felder confirmed receipt of input from Ms. Valaskey in support of her application. 9. Long Range Planning Advisory Com- mission: One, 3-Year term through July 1, 2027 (Expiring term of Stoffel). Applicant: Aa- ron Miller, 75 Fremont Ave. Mr. Miller spoke in support of his application. 10. Park and Recreation Advisory Com- mission: One, 3-Year term through June 30, 2027 (Expiring term of Tigges). Applicants: Tyler Dahlstrom, 1085 Vernon St.; Jennifer Tigges, 4927 Wild Flower Dr. 11. Zoning Advisory Commission: One, 3- Year term through July 1, 2027 (Expiring term of Russell). Applicant: Rich Russell, 2045 Em- bassy Way Dr. 12. Airport Zoning Commission: One Cross Representative whose term will coincide with their term on the cross represented board or commission (Vacant Cross Representative Member term of Russell). Applicant: Rich Rus- sell, 2045 Embassy Way Dr. PUBLIC HEARINGS 1. Request to Rezone Millstone Drive: Mo- tion 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 Wethal. Planning Ser- vices Director Wally Wernimont provided a staff report. Applicant Pat Ready spoke about the current zoning of the property and vehicle access. Jackie Baumhover, 2680 Millstone Dr. and Linda Anderson, 2668 Millstone Dr. spoke in opposition to the rezoning, stating concerns about stormwater drainage and parking. Mark Elenz, 2505 Wheatland Dr., stated his support for the rezoning based on the condition issued by the Zoning Advisory Commission that the property be limited to six (6) total dwelling units regardless of future subdivision(s). City Clerk Breitfelder announced that written input was received by Robert and Jennifer Weber. Re- sponding to questions from the City Council, Mr. Wernimont stated that the street will func- tion as a private driveway to be managed by a homeowner's association. Mr. Wernimont summarized the development review process and the Zoning Advisory Commission's condi- tion of approval. Mr. Ready referenced a map of the property and indicated which areas of the property would be turf. City Council Mem- bers expressed support for the rezoning, stat- ing that the condition issued by the Zoning Advisory Commission is a reasonable com- promise. City Council Members further stated that resident input identifies areas of focus for the property, such as stormwater manage- ment. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 17-24 Amending Title 16 of the City of Dubuque Code of Ordi- nances, Unified Development Code, by reclas- sifying hereinafter described property located at the Terminus of Millstone Drive (1016329042) from R-1 Single -Family Resi- dential District to R-3 Moderate Density Multi - Family Residential District with conditions as established in the attached Memorandum of Agreement. Seconded by Wethal. Motion car- ried 7-0. ORDINANCE NO. 17-24 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLAS- SIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT THE TERMINUS OF MILLSTONE DRIVE (1016329042) FROM R-1 SINGLE-FAMILY RESIDENTIAL DIS- TRICT TO R-3 MODERATE DENSITY MULTI- FAMILY RESIDENTIAL DISTRICT WITH CONDITIONS AS ESTABLISHED IN THE ATTACHED MEMORANDUM OF AGREE- MENT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code, is hereby amended by reclassi- fying the hereinafter —described property from R-1 Single -Family Residential District to R-3 Moderate Density Multi -Family Residential District with conditions, to wit: Lot A in Harvest View Estates Eleventh Addition and to the centerline of the ad- joining public right-of-way, all in the City of Dubuque, IA. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, IA. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved and adopted this 17th day of June, 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk Page 271 of 1311 Book 154 Regular Session, June 17, 2024 185 2. Request to Rezone Wood Street: Motion by Roussell to receive and file the documents and that the requirement that a proposed ordi- nance be considered and voted on for pas- sage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Sprank. Planning Ser- vices Director Wally Wernimont provided a staff report. Applicant Eric Dregne, 408 Park Ave., Galena, IL, provided input on the neigh- borhood meeting hosted by Habitat for Hu- manity and the ongoing discussions the organ- ization was engaged in with residents. Sam Moore, 1795 Lawndale St.; and Will Gross, 1799 Lawndale St., spoke in opposition to the rezoning, citing loss of trees and expressing concerns with the ordinance. Carla Anderson, 1131 Main St., Board President for Habitat for Humanity, spoke in support of the rezoning, stating that it will result in affordable housing. City Clerk Breitfelder announced that written input was received by Michael Keck. Respond- ing to questions from the City Council, Mr. Dregne stated that six homes are planned for the first phase of the project. Mr. Dregne pro- vided details on the home specifications and mentioned that public access to the green - space would be decided by the homeowners' association. Responding to a question regard- ing restricted covenants, Mr. Wernimont stated that they are private agreements that do not involve the city. City Council Members ex- pressed support for the rezoning, stating that the proposed development was a good fit for the property. Motion carried 7-0. Motion by Roussell for final consideration and passage of Ordinance No. 18-24 Amend- ing Title 16 of the Unified Development Code of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property from R-1 Single -Family Residential and R-3 Moderate Density Multi -Family Residential to PUD Planned Unit Development District with PR Planned Residential Designation and adopting a Conceptual Development Plan. Seconded by Sprank. Motion carried 7-0. ORDINANCE NO. 18-24 AMENDING TITLE 16 OF THE UNIFIED DE- VELOPMENT CODE OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DE- SCRIBED PROPERTY FROM R-1 SINGLE- FAMILY RESIDENTIAL AND R-3 MODER- ATE DENSITY MULTI -FAMILY RESIDEW TIAL TO PUD PLANNED UNIT DEVELOP- MENT DISTRICT WITH PR PLANNED RESI- DENTIAL DESIGNATION AND ADOPTING A CONCEPTUAL DEVELOPMENT PLAN NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: 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 R-1 Single -Family Residential and R-3 Moder- ate Density Multi -Family Residential to PUD Planned Unit Development District with a PR Planned Residential District designation, and adopting a conceptual development plan, a copy of which is attached to and made a part hereof, is hereby adopted and approved for the following described property, to wit: Lot 2 of Mount Pleasant Place, Lots 55, 56, 57 and 58 in Rosedale Addition, and, Lots 8, 9, 10, and 11 of the Subdivision of Lot 3 of the Subdivision of Mineral Lot No. 178, all in the City of Dubuque, IA., according to the respective recorded Plats there. A. Use Regulations - The following regulations shall apply to all uses made of land in the above -described PR Planned Residential District: 1. Principal permitted uses shall be limited to 16 single-family residenc- es and two detached garages. 2. Accessory uses shall include any use customarily incidental and sub- ordinate to the principal use it serves. B. Lot and Bulk Regulations - Devel- opment of land in the PR Planned Residential District shall be regulated as follows: 1. Buildings setbacks shall be located in substantial conformance with the approved conceptual development plan. 2. Maximum building height of 30 feet shall be allowed in this Planned Residential District. C. Performance Standards - The devel- opment and maintenance of uses in this PR Planned Residential District shall be regulated as follows: 1. Parking Regulations a. The parking stalls located adja- cent (north) of the property at 1840 Wood Street be screened. b. All vehicle -related features shall be surfaced with either asphalt or concrete. c. Curbing and proper surface drainage of storm water shall be provided. d. All parking and loading spaces shall be delineated on the surfac- ing material by painted stripes or other permanent means. e. Off-street parking shall be pro- vided based on the approved conceptual plan. f. The size and design of parking spaces shall be governed by ap- Page 272 of 1311 Book 154 Regular Session, June 17, 2024 186 plicable provisions of the Unified and the material contained therein Development Code Section 13-3 shall be visually screened from Site Development Regulations. view. The screening shall be The location and quantity of park- completely opaque fence, wall, or ing spaces shall be governed by other feature not exceeding a the Conceptual Development height of 10 feet measured from Plan. the ground level outside the line g. The number, size, design, and of the screen. Screens built on location of parking spaces desig- sloping grades shall be stepped nated for persons with disabilities so that their top line shall be hori- shall be according to the local, zontal. Exposed materials used to state, or federal requirements in construct the opaque screen shall effect at the time of development. be similar in appearance to mate - Site Lighting rials used for exterior building a. Exterior illumination of site fea- walls. All exterior entrances to a tures shall be limited to the illumi- screened trash area shall be pro - nation of the following: vided with a gate or door of simi- i. Parking areas, driveways, and lar design to that of the screen. If loading facilities. a 10-foot height screen fails to ii. Pedestrian walkway surfaces shield the exterior trash collection and entrances to building. area from view from the adjacent iii. Building exterior. public right -of- way and neighbor- b. Location and Design ing properties, evergreen plant- i. No light source shall provide il- ings may be required in addition lumination onto adjacent lots, to the screening. Evergreen plant buildings, or streets in excess of material shall be selected and de- 1.0-foot candle. signed so that they screen the ar- ii. All exterior lighting luminaries ea from all off -site visibility within shall be designed and installed five (5) years. to shield light from the luminar- 6. Open Space - Open space and ies at angles above 72-degrees landscaping in the PR Planned from vertical. Residential District shall be regulat- iii. Fixtures mounted on a building ed as follows. Those areas not des - shall not be positioned higher ignated on the conceptual devel- than the roofline of the building. opment plan shall be maintained as iv. All electrical service lines to open space, as defined Article 13 of posts and fixtures shall be un- the Unified Development Code of derground and concealed inside the City of Dubuque, IA., by the the posts. property owner and/or association. Landscaping - Landscaping shall 7. Platting - Subdivision plats and im- be provided in compliance with provement plans shall be submitted Section 13-4 Landscaping and in accordance with Article 11 Land Screening Requirements of the Uni- Subdivision, of the City of Dubuque fied Development Code. Unified Development Code. Storm Water Management - The 8. Site Plans - Final site development developer shall be responsible for plans shall be submitted in accord - providing surface or subsurface ance with Article 12 Site Plans and conveyance(s) of storm water from Article 13 Site Design Standards the lot to existing storm sewers or prior to construction of each build - to flow line of open drainageways ing and vehicle -related feature un- outside the lot in a means that is less otherwise exempted by Article satisfactory to the Engineering De- 12. partment of the City of Dubuque. D. Sign Regulations Other applicable regulations en- 1. Signs in the Planned Residential forced by the City of Dubuque rela- District shall be regulated in ac- tive to storm water management cordance with the R-4 Multi -Family and drainage shall apply. Residential Zoning District sign Exterior Trash Collection Areas regulations, Section 16-15-11.1 of a. The storage of trash and debris the Unified Development Code. shall be limited to that produced 2. Variance requests from sign re - by the principal permitted use and quirements for size, number, and accessory uses on the lot. height shall be reviewed by the b. All exterior trash collection areas Zoning Board of Adjustment in Page 273 of 1311 Book 154 Regular Session, June 17, 2024 187 accordance with Section 16-8-6 of the Unified Development Code. E. Other Codes and Regulations 1. Service Lines. All electric, tele- phone, cable, or other similar utility lines serving the building and other site features shall be located un- derground. 2. These regulations do not relieve the owner from other applicable city, county, state, or federal codes, regulations, laws, and other con- trols relative to the planning, con- struction, operation and manage- ment of property within the City of Dubuque. F. Transfer of Ownership - Transfer of ownership or lease of property in this PR Planned Residential District shall include the transfer or lease agree- ment a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the es- tablishment 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 Develop- ment Code. H. Occupancy Permits - No occupancy permit shall be issued by the City of Dubuque for property included in the subject planned unit development dis- trict until full compliance with this or- dinance has been achieved. I. Recording- A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubu- que County Recorder a permanent record of the conditions accepted as part of this reclassification approval within thirty (30) days after the adop- tion of this ordinance. This ordinance 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, IA. Section 3. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved, and adopted this 17th day of June 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk ACCEPTANCE OF ORDINANCE NO. 18-24 I, Hilary Dalton, representing the Cafaro Company, property owners, having read the terms and conditions of the foregoing Ordi- nance No. 18-24 and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. Dated this 17th day of June 2024. /s/Hilary Dalton, Executive Director 3. Planned Unit Development Amendment for 555 John F. Kennedy Road: Motion by Jones to receive and file the documents and that the requirement that a proposed ordi- nance be considered and voted on for pas- sage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Farber. Planning Ser- vices Director Wally Wernimont provided a staff report. Applicant Justin Somerville, De- velopment Engineer with Cafaro Company, made a presentation. City Council Members praised the amendment and highlighted Ken- nedy Mall's importance to the community. Mo- tion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 19-24 Amending Title 16, the Unified Development Code of the City of Dubuque Code of Ordinances by re- scinding Ordinance 80-03 which provides regulations for a PUD Planned Unit Develop- ment District with a PC Planned Commercial Designation at 555 John F Kennedy Road and adopting an amended PUD Ordinance to allow for additional signage, reduced parking re- quirements, and increased ground floor leasa- ble area. Seconded by Farber. Motion carried 7-0. ORDINANCE NO. 19-24 AMENDING TITLE 16, THE UNIFIED DE- VELOPMENT CODE OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RESCINDING ORDINANCE 80-03 WHICH PROVIDES REGULATIONS FOR A PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PC PLANNED COMMERCIAL DES- IGNATION AT 555 JOHN F KENNEDY ROAD AND ADOPTING AN AMENDED PUD ORDI- NANCE TO ALLOW FOR ADDITIONAL SIGNAGE, REDUCED PARKING REQUIRE- MENTS, AND INCREASED GROUND FLOOR LEASABLE AREA NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That Title 16, the Unified Devel- opment Code of the City of Dubuque Code of Ordinances is hereby amended by rescinding Ordinance 80-03, which provides regulations for the Kennedy Mall Planned Unit Develop- ment District with a Planned Commercial des- ignation, and now being amended to allow for additional signage, reduced parking require- ments, and increased Ground Floor Leasable Area, to wit: Lot 1 of Lot 2 of Lot 2 of Clin-Que, Inc. Addition, and Lot 1 of Lot 1 of Lot 1 of Lot Page 274 of 1311 Book 154 Regular Session, June 17, 2024 188 1 of Lot 1 of Hawkeye Stock Farm, and to the centerline of the adjoining public right-of-way, as shown in the attached Exhibit A, all in the City of Dubuque, IA. Section 2. Pursuant to Iowa Code Section 414.5, and as an express condition of the re- classification, the undersigned property owner agrees to the following conditions, all of which the property owner further agrees are reason- able and imposed to satisfy the public needs that are caused directly by the zoning reclassi- fication: A. Use Regulations - The following regu- lations shall apply to all land uses in the above -described PUD District. 1. All permitted, conditional, accessory, and temporary uses allowed in the C- 3 General Commercial District as es- tablished in Section 16-5-13 of the Unified Development Code B. Lot and Bulk Regulations - Develop- ment of land in the PUD District shall be as follows: 1. All buildings and structures shall be regulated as follows: a. Maximum building height shall be 50 feet, except the following may exceed the height limit: ornamen- tal towers, domes, spires, elevator bulkheads, HVAC equipment and their protective housings. 2. All final site development plans shall be approved in accordance with the provisions of the PUD District regula- tions of this ordinance and Section 16-5-24 of the Unified Development Code. C. Performance Standards - The devel- opment and maintenance of uses in this PUD District shall be established in conformance with Section 16-5-24 of the Unified Development Code and the following standards: 1. The parking requirement for the Kennedy Mall PUD District shall be one space per 300 square feet of Ground Floor Leasable Area (GFLA). This area excludes com- mon areas such as mall concourses and utility rooms. 2. Adequate illumination shall be pro- vided to areas used for vehicle and pedestrian circulation. New outdoor fixtures shall be of a cut-off design and utilize a minimum of 72-degree cut-off Iuminaire. 3. Final site development plans shall be submitted in accordance with Section 16-12 Site Plans of the Uni- fied Development Code of the City of Dubuque, IA., prior to construc- tion of any buildings. D. Sign Regulations - Signs in the PUD District shall be regulated as follows: 1. The primary shopping center iden- tification sign adjacent to U.S. Highway 20 shall be limited to 700 square feet (each side) and a max- imum height of 50 feet. 2. Four (4) tenant identification signs shall be allowed. Each sign shall be a ground -mounted sign a maximum of thirty (30) feet high and twelve (12) feet long. Multiple tenants can be displayed on these signs with square footage to be allocated by the developer. 3. Tenants occupying greater than 30,000 square feet of Ground Floor Leasable Area (GFLA) shall be al- lowed an unlimited number of wall - mounted signs. The total aggregate square footage of wall -mounted signs will be based on 20% of the front building wall area of the leased space. 4. Tenants occupying less than 30,000 square feet of Ground Floor Leasable Area (GFLA)shall be al- lowed an unlimited number of wall - mounted signs. The total aggregate square footage of wall -mounted signs will be based on 10% of the front building wall area of the leased space. 5. Tenants whose sole means of cus- tomer ingress and egress is through an interior storefront (allocated by developer) shall be allowed an un- limited number of wall -mounted signs. The total aggregate square footage of the tenant's wall - mounted signs will be based on 3% of tenant's Ground Floor Leasable Area (GFLA). 6. Signs mounted to mansard roofs are allowed. Top of sign cannot pro- ject above roof line. 7. Outlot signage: a. Each outlot parcel shall be al- lowed wall -mounted signage as per the C-3 General Commercial District sign regulations (Section 16-15-11.8 of the Unified Devel- opment Code). The maximum number of signs per business is four (4). b. Each outlot parcel shall be al- lowed one (1) freestanding sign, limited to 100 square feet in size and a maximum height of 25 feet. 8. Directional signs will be allowed as permitted by C-3 General Commer- cial District sign regulations (Sec- tion 16-15-11.8 of the Unified De- velopment Code). Page 275 of 1311 Book 154 Regular Session, June 17, 2024 189 9. Variance requests from sign re- H. Modifications - Any modification of quirements for size, number, and the Ordinance must be approved by height shall be reviewed by the the City Council in accordance with Zoning Board of Adjustment in ac- the Zoning Reclassification proceed- cordance with Section 16-8-6 of the ings of Section 16-9 of the Unified Unified Development Code. Development Code. 10. Lighting: Signs may be illuminat- I. Recording - A copy of this PUD Ordi- ed only by means of indirect lighting nance shall be recorded, at the ex - whereby all light sources and de- pense of the property owner, with the vices are shielded from view by Dubuque County Recorder as a per - opaque or translucent materials, or manent record of the conditions ac- internally illuminated by means of a cepted as a part of this reclassifica- light source completely enclosed by tion approval. This ordinance shall be the sign panel. binding upon the undersigned and 11. Motion: No signs may include any his/her heirs, successors, and as - device or means, mechanical, elec- signs. trical or natural, which shall cause Section 3. The foregoing amendment has motion of the sign panel or any part heretofore been reviewed by the Zoning Advi- thereof. No flashing lights or chang- sory Commission of the City of Dubuque, IA. ing colors shall be allowed. Mes- Section 4. The foregoing amendment shall sage center signs are exempt from take effect upon publication, as provided by this provision. law. E. Previous Conceptual Plans Passed, approved and adopted this 17th 1. That all previously approved con- day of June 2024. ceptual development plans are Brad M. Cavanagh, Mayor hereby rescinded and that the at- Attest: Adrienne N. Breitfelder, City Clerk tached conceptual plan, Exhibit A, shall hereinafter regulate the Ken- ACCEPTANCE OF ORDINANCE NO. 19-24 nedy Mall Planned Unit Develop- I, Anthony M. Cafaro, Jr., representing the ment District. Cafaro Company, property owners, having F. Ordinance History read the terms and conditions of the foregoing 1. Ord. 2-66: Establishment of zoning Ordinance No. 19-24 and being familiar with district (Local Business District B) the conditions thereof, hereby accept the same for Kennedy Mall. and agree to the conditions required therein. 2. 1985: The property was given a PC Dated this loth day of June 2024. Planned Commercial District classi- /s/Anthony M. Cafaro, Jr. fication. 3. Ord. 48-86: Amended the PUD to 4. Resolutions Approving and Extending an allow an outlot development (cine- Amended and Restated Urban Renewal Plan ma and fabric store). for the South Pointe Housing Urban Renewal 4. Ord. 29-89: Amended the PUD to Area: Motion by Sprank to receive and file the allow the reconfiguration and addi- documents and adopt Resolution No. 196-24 tion of retail space and the conver- Approving the Amended and Restated Urban sion of other retail space into a food Renewal Plan Version 2024.1, for the South court. Pointe Housing Urban Renewal Area and 5. Ord. 40-03: Amended the PUD to Resolution No. 197-24 Approving the Exten- add an outlot development (Best sion Agreement by and Among the City of Buy) and reduce the parking re- Dubuque, IA., Dubuque County, IA., and the quirement. Dubuque Community School District for the 6. Ord. 80-03: Amended the PUD to Division of Revenue for the South Pointe reduce the parking requirement, in- Housing Urban Renewal Area. Seconded by crease the allowed ground floor Jones. Rick Dickinson, 205 Hill St., President leasable area, and allow a new and CEO of GDDC, spoke in support of the freestanding center identification project and thanked Iowa legislators for their sign. efforts, which facilitated the project's expan- G. Transfer of Ownership - Transfer of sion. City Council Members commended the ownership or lease of property in this partnerships involved in the project. Motion PUD District shall include in the trans- carried 7-0. fer or lease agreement a provision that the purchaser or lessee RESOLUTION NO. 196-24 acknowledges awareness of the con- APPROVING THE AMENDED AND RE- ditions authorizing the establishment STATED URBAN RENEWAL PLAN VER- of the PUD District. SION 2024.1, FOR THE SOUTH POINTE Page 276 of 1311 Book 154 Regular Session, June 17, 2024 190 HOUSING URBAN RENEWAL AREA Whereas, by Resolution 144-24 on May 20, 2024, the City Council of the City of Dubu- que, IA. authorized the preparation of an Amended and Restated Urban Renewal Plan (the "Plan") for the South Pointe Housing Ur- ban 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 Io- wa with no written objections or recommended changes to the Amended and Restated Plan received; and Whereas, the affected taxing entities ap- proved the extension of the Iowa Code Section 403.19 division of revenue within the South Pointe Housing Urban Renewal Area by exe- cution of the Extension Agreement by and among the City of Dubuque, IA., the County of Dubuque, IA., and the Dubuque Community School District; 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, IA.: Section 1. That the Urban Renewal Plan for the South Pointe Housing Urban Renewal Area, Version 2024.1, 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, IA. 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 17th day of June 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 197-24 APPROVING THE EXTENSION AGREE- MENT BY AND AMONG THE CITY OF DUBUQUE, IA., DUBUQUE COUNTY, IA., AND THE DUBUQUE COMMUNITY SCHOOL DISTRICT FOR THE DIVISION OF REVENUE FOR THE SOUTH POINTE HOUSING UR- BAN RENEWAL AREA Whereas, Iowa Code Section §403.19 has been amended to extend the time period for the division of revenue in Housing Urban Re- newal Districts created prior to 2018; and Whereas, extending the division of revenue requires the written consent of the affected taxing bodies; and Whereas, the affected taxing entities ap- proved the extension of the Iowa Code Section 403.19 division of revenue within the South Pointe Housing Urban Renewal Area by exe- cution of the Extension Agreement by and among the City of Dubuque, IA., the County of Dubuque, IA., and the Dubuque Community School District. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the Extension Agreement by and among the City of Dubuque, IA., the County of Dubuque, IA., and the Dubuque Community School District, is hereby ap- proved. Section 2. That the Mayor is hereby au- thorized and directed to execute the Extension Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Passed, approved and adopted this 17th day of June 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Resolution Approving a First Amend- ment to Development Agreement by and be- tween the City of Dubuque, IA. and South Pointe, L.L.C. and Providing for the Issuance of Urban Renewal Tax Increment Revenue Obligations Pursuant to the Development Agreement: Motion by Resnick to receive and file the documents and adopt Resolution No. 198-24 Approving a First Amendment to De- velopment Agreement by and between the City of Dubuque, IA. and South Pointe, L.L.C., in- cluding the proposed reimbursement of South Pointe, L.L.C. for certain infrastructure im- provements with Urban Renewal Tax Incre- ment Revenue. Seconded by Farber. Motion carried 7-0. RESOLUTION NO. 198-24 APPROVING A FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BE- TWEEN THE CITY OF DUBUQUE, IA. AND SOUTH POINTE, L.L.C., INCLUDING THE PROPOSED REIMBURSEMENT OF SOUTH POINTE, L.L.C. FOR CERTAIN INFRA- STRUCTURE IMPROVEMENTS WITH UR- BAN RENEWAL TAX INCREMENT REVE- NUE Whereas, the City of Dubuque (City) and South Pointe, L.L.C. (Developer)entered into a Development Agreement dated for reference purposes June 5, 2017, for the development of property located in the South Pointe Housing Urban Renewal Area (the Development Prop- erty); and Page 277 of 1311 Book 154 Regular Session, June 17, 2024 191 Whereas, City and Developer desire to amend the Development Agreement as set forth in the attached First Amendment to De- velopment Agreement; and Whereas, it is the determination of the City Council that approval of 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, IA.: Section 1. That the First Amendment to Development Agreement by and between the City of Dubuque, IA., and South Pointe, L.L.C. is hereby approved. Section 2. That the Mayor is hereby au- thorized and directed to execute the First Amendment to 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 First Amendment to Development Agreement as herein ap- proved. Passed, approved and adopted this 17th day of June, 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Resolution Approving a Development Agreement by and between the City of Dubu- que, IA. and Millwork Flats, L.L.C. Providing for the Issuance of Urban Renewal Tax Incre- ment Revenue Grant Obligations Pursuant to the Development Agreement: Motion by Wethal to receive and file the documents and adopt Resolution No. 199-24 Approving a De- velopment Agreement by and between the City of Dubuque, IA., and Millwork Flats, L.L.C. including the issuance of Urban Tax Increment Revenue Obligations. Seconded by Sprank. City Council Members thanked the developer for the project and stressed the importance of the ongoing expansion of the Millwork District. Motion carried 7-0. RESOLUTION NO. 199-24 APPROVING A DEVELOPMENT AGREE- MENT BY AND BETWEEN THE CITY OF DUBUQUE, IA., AND MILLWORK FLATS, L.L.C. INCLUDING THE ISSUANCE OF UR- BAN TAX INCREMENT REVENUE OBLIGA- TIONS Whereas, Millwork Flats, L.L.C. is the own- er of the property legally described as follows: Lot 384, 385, 386, 384 and the South one-half of Lot 388, in the City of Dubuque, IA., according to the United States Commissioners' plat of the sur- vey of the Town of Dubuque, IA.; and Lot 2 of City Lot 386A in the City of Dubuque, IA., according to the Plat recorded as Instrument #2017-4502, records of Dubuque County, IA. (the Property); and Whereas, the City Council, by Resolution No. 165-24, dated June 3, 2024, declared its intent to enter into a Development Agreement by and between the City of Dubuque, IA., and Millwork Flats, L.L.C., 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 De- velopment Agreement on June 17, 2024, 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 Millwork Flats, L.L.C., 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, IA.: Section 1. That the Development Agree- ment by and between the City of Dubuque, IA., and Millwork Flats, L.L.C., a copy of which is attached hereto, including the issuance of Ur- ban Renewal Tax Increment Revenue Obliga- tions, is hereby approved. Section 2. That the Mayor is hereby au- thorized and directed to execute the Develop- ment 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 June 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7. Seippel Road Water Main Lowering Pro- ject Public Hearing - Project Code: 4281000059: Motion by Roussell to receive and file the documents and adopt Resolution No. 200-24 Approval of plans, specifications, form of contract, and estimated cost for the Seippel Road Water Main Lowering Project. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 200-24 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE SEIPPEL ROAD WATER MAIN LOWERING PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Page 278 of 1311 Book 154 Regular Session, June 17, 2024 192 That the attached plans, specifications, form of contract and estimate of total cost for the Seippel Road Water Main Lowering Project in the estimated amount $322,500.00, are hereby approved. Passed, approved, and adopted this 171h day of June 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 8. Public Hearing for the Jule's-Iowa De- partment of Transportation 2025 Consolidated Funding Application: Motion by Resnick to receive and file the documents and adopt Resolution No. 201-24 Authorizing Resolution: Approval of Consolidated Funding Application to Iowa DOT. Seconded by Farber. Motion carried 7-0. RESOLUTION NO. 201-24 AUTHORIZING RESOLUTION: APPROVAL OF CONSOLIDATED FUNDING APPLICA- TION TO IOWA DOT Whereas, the City of Dubuque provides fixed -route and paratransit services for the citizens of Dubuque; and Whereas, the Iowa Department of Trans- portation (IDOT) is a pass -through funding entity 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 17, 2024, at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, IA.; and Whereas, the City Council finds that the applying for the funds to be beneficial to the continued provision of transit service for the citizens of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The City Council of the City of Dubuque, IA. hereby endorses the application to the IDOT, which includes a City match. Section 2. The IDOT application will in- clude requests and mandatory certifications by the City of Dubuque as follows: From the State Transit Assistance Pro- gram: 2.47% of formula funds, Total: $470,237 From federal funds for transit in non - urbanized areas and/or for transit serving primarily elderly persons and persons with disabilities: $45,560 We understand acceptance of federal transit assistance involves an agreement to comply with certain labor protection provi- sions. We certify that the City of Dubuque/The Jule has sufficient non-federal funds or suf- ficient in -kind match to provide required lo- cal match for capital projects and at time of delivery will have the funds to operate and maintain vehicles and equipment pur- chased 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 IDOT. Passed, adopted and approved this 17th day of June 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk ACTION ITEMS 1. 3000 Jackson Dubuque Brewing and Malting Project Update: Motion by Sprank to receive and file the documents. Seconded by Roussell. In response to questions from the City Council, Assistant Housing and Communi- ty Development Director Michael Belmont re- ported that the latest update from the contrac- tor indicated construction will resume on June 21. Unstable portions will be removed, and salvage operations will proceed once the site is deemed safe. Mr. Belmont further explained that the project is behind schedule due to un- foreseen delays, and city staff have communi- cated the expectation that the site be cleaned and prepared for development. Responding to a question about the city's course of action if the developer fails to meet the August 31 pro- ject deadline, City Attorney Brumwell indicated that city staff would convene to evaluate their options post -deadline. City Council Members agreed that this agenda item can be designat- ed as a consent item in future meetings. Mo- tion carried 7-0. 2. Recent City of Dubuque Website Im- provements: Motion by Farber to receive and file the documents and view the presentation. Seconded by Roussell. Public Information Of- ficer Randy Gehl introduced Communications Specialist Kristin Hill, who demonstrated the new website redesign and improved accessi- bility. Responding to questions from the City Council, Multimedia Specialist Felicia Canner stated that the city close captions City Council meetings through a paid service. Ms. Carner also summarized the captioning options avail- able via Facebook and YouTube. Motion car- ried 7-0. Page 279 of 1311 Book 154 Regular Session, June 17, 2024 193 3. Dubuque Named the 2024 Iowa Com- munity of Character: Motion by Resnick to receive and file the news release announcing that Dubuque has been named Iowa's 2024 Community of Character by the Robert D. and Billie Ray Center at Drake University. Second- ed by Sprank. Motion carried 7-0. 4. Proposed C-SITE Application "Dubuque C.A.S.C.A.D.E. Project: Community Action for Sustainable, Clean and Democratized Ener- gy": Motion by Roussell to receive and file the documents and approve the City's application for the U.S. Department of Energy (DOE) Communities Sparking Investment in Trans - formative Energy (C- SITE) Program Grant for the Dubuque CASCADE Project. Seconded by Sprank. City Council Members expressed en- thusiasm for the project. Motion carried 7-0. 5. 2024 Pavement Marking Project - Award Public Improvement Contract - Project Code: 5521000013: Motion by Resnick to receive and file the documents and adopt Resolution No. 202-24 Awarding Public Improvement Contract for the 2024 Pavement Marking Pro- ject. Seconded by Farber. Motion carried 7-0. RESOLUTION NO. 202-24 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE 2024 PAVEMENT MARK- ING PROJECT Whereas, sealed proposals have been submitted by contractor(s) for the 2024 Pave- ment Marking Project, (the Project) pursuant to Resolution No. 155-24 and Notice to Bidders published on the City of Dubuque, IA. website and plan room service with statewide circula- tion on the 30th day of May 2024; and Whereas, said sealed proposals were opened and read on the 12th day of June 2024 and it has been determined that Ostrom Paint- ing & Sandblasting, Inc. of Rock Island, IL submitted low bid in the amount of $224,025.28, and is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That a Public Improvement Con- tract for the Project is hereby awarded to Ostrom Painting & Sandblasting, Inc. 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 17th day of June 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Award Construction Contract - Tama- rack Sanitary Sewer Extension Project (Project ID: 5581500001): Motion by Jones to receive and file the documents and adopt Resolution No. 203-24 Awarding Public Improvement Construction Contract for the Tamarack Sani- tary Sewer Extension Project. Seconded by Wethal. Motion carried 7-0. RESOLUTION NO. 203-24 AWARDING PUBLIC IMPROVEMENT CON- STRUCTION CONTRACT FOR THE TAMA- RACK SANITARY SEWER EXTENSION PROJECT Whereas, sealed proposals have been submitted by contractors for the Tamarack Sanitary Sewer Extension Project, (the Pro- ject) pursuant to Resolution No. 117-24 and Notice to Bidders published on the City of Dubuque, IA. website and plan room service with statewide circulation on the 8th day of May 2024; and Whereas, said sealed proposal was opened and read on the 6th day of June 2024 and it has been determined that Boomerang Corp., of Anamosa, Iowa submitted low bid in the amount of $675,319.50, and is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That a Public Improvement Construction Contract for the Project is hereby awarded to Boomerang Corp. and the City Manager is hereby directed to execute a Pub- lic Improvement Construction Contract on be- half of the City of Dubuque for the Project, subject to the concurrence of the Iowa Financ- ing Authority. Passed, adopted, and approved this 17th day of June 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7. Award Construction Contract - Twin Ridge Sanitary Sewer Extension and Lagoon Abandonment Project (Project ID: 5581500024): Motion by Jones to receive and file the documents and adopt Resolution No. 204-24 Awarding Public Improvement Con- struction Contract for the Twin Ridge Sanitary Sewer Extension and Lagoon Abandonment Project. Seconded by Sprank. Motion carried 7-0. RESOLUTION NO. 204-24 AWARDING PUBLIC IMPROVEMENT Con- struction CONTRACT FOR THE TWIN RIDGE SANITARY SEWER EXTENSION AND LAGOON ABANDONMENT PROJECT Whereas, sealed proposals have been submitted by contractors for the Twin Ridge Sanitary Sewer Extension and Lagoon Aban- donment Project, (the Project) pursuant to Resolution No. 118-24 and Notice to Bidders published on the City of Dubuque, IA. website Page 280 of 1311 Book 154 Regular Session, June 17, 2024 194 and plan room service with statewide circula- tion on the 8th day of May 2024; and Whereas, said sealed proposal was opened and read on the 6t' day of June 2024 and it has been determined that Tschiggfrie Excavating Co., of Dubuque, IA. submitted low bid in the amount of $624,975.70, and is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That a Public Improvement Construction 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, subject to the concurrence of the Iowa Financ- ing Authority. Passed, adopted, and approved this 17th day of May 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 8. Award Construction Contract - Granger Creek Lift Station Improvements (Project ID: 5581500009): Motion by Sprank to receive and file the documents and adopt Resolution No. 205-24 Awarding Public Improvement Con- struction Contract for the Granger Creek Lift Station Improvements Project. Seconded by Farber. Motion carried 7-0. RESOLUTION NO. 205-24 AWARDING PUBLIC IMPROVEMENT CON- STRUCTION CONTRACT FOR THE GRANGER CREEK LIFT STATION IM- PROVEMENTS PROJECT Whereas, sealed proposals have been submitted by contractors for the Granger Creek Lift Station Improvements Project, (the Project) pursuant to Resolution No. 119-24 and Notice to Bidders published on the City of Dubuque, IA. website and plan room service with statewide circulation on the 8th day of May 2024; and Whereas, said sealed proposal was opened and read on the 6th day of June 2024 and it has been determined that Tricon Gen- eral Construction, Inc., of Dubuque, IA. submit- ted low bid in the amount of $1,221,000.00, and is the lowest responsive, responsible bid- der for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That a Public Improvement Construction Contract for the Project is hereby awarded to Tricon General Construction, 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, subject to the concurrence of the Iowa Financing Authority. Passed, adopted, and approved this 17th day of May 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 9. Award of Public Improvement Construc- tion Contract for the Eagle Valley, Westbrook, and English Ridge Subdivision Parks Devel- opment Project: Motion by Roussell to receive and file the documents and adopt Resolution No. 206-24 Awarding the Public Improvement Construction Contract for the Eagle Valley, Westbrook, and English Ridge Subdivision Park Development Project. Seconded by Sprank. City Manager Van Milligen responded to a question regarding cost. Motion carried 7- 0. RESOLUTION NO. 206-24 AWARDING THE PUBLIC IMPROVEMENT CONSTRUCTION CONTRACT FOR THE EAGLE VALLEY, WESTBROOK, AND ENG- LISH RIDGE SUBDIVISION PARKS DEVEL- OPMENT PROJECT Whereas, sealed proposals have been submitted by contractors for the Eagle Valley, Westbrook, and English Ridge Subdivision Parks Development Project, pursuant to Reso- lution No. 121-24 and Notice to Bidders on the 7th day of May 2024; and Whereas, said sealed proposals were opened and read on the 4th day of June 2024, and it has been determined that McDermott Excavating of Dubuque, IA, with a bid in the amount of $719,550.00, is the lowest respon- sive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That a Public Improvement Con- tract for the Project is hereby awarded to McDermott Excavating and the City Manager is hereby directed to execute a Public Im- provement Contract on behalf of the City of Dubuque for the Project. Passed, approved, and adopted this 17th day of June 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 10. Consultant Selection for Unified Devel- opment Code Update: Motion by Farber to receive and file the documents and approve the City Manager negotiating and executing a contract with Camiros to undertake the Update to the Unified Development Code, with a con- tract not to exceed $100,000 in cost. Second- ed by Wethal. In response to a City Council question, Planning Services Director Wally Wernimont mentioned that the Unified Devel- opment Code (UDC) was last revised in 2009. Page 281 of 1311 Book 154 Regular Session, June 17, 2024 195 He also described the UDC as a living docu- ment that the City Council continuously amends incrementally. Motion carried 7-0. 11. Remedy for Police Department Super- visor/Manager Wage Compression: Motion by Jones to receive and file the documents and approve salary percentage increases and lon- gevity adjustment, effective July 1, 2024, in order to remedy the wage/salary compression that would exist for the ranks of Police Lieu- tenant, Police Captain, Assistant Police Chief, and Police Chief related to the percentage wage increases provided to union police ranks per the CBA effective on July 1, 2024. Se- conded by Wethal. City Council Members ex- pressed support for the adjustments. City Manager Van Milligen stated that salary per- centage increases and longevity adjustment for the Fire Department will be presented at the next City Council meeting. Motion carried 7-0. 12. Board and Commission Ordinance Amendments: 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. Re- sponding to a question from the City Council regarding age of majority, City Clerk Breitfelder stated that City Council has the authority to determine who to appoint to boards and com- missions. City Attorney Brumwell explained that age requirements are considered a policy decision made by the City Council, rather than a legal decision. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 20-24 Amending City of Dubuque Code of Ordinances Title 12 Airport, Chapter 4 Airport Commission; Ordi- nance No. 21-24 Amending City of Dubuque Code of Ordinances Title 12 Airport, Chapter 6 Airport Zoning Board of Adjustment; Ordinance No. 22-24 Amending City of Dubuque Code of Ordinances Title 12 Airport, Chapter 5 Airport Zoning Commission; Ordinance No. 23-24 Amending City of Dubuque Code of Ordinanc- es Title 2 Boards and Commissions, Chapter 8 Arts and Cultural Affairs Advisory Commission; Ordinance No. 24-24 Amending City of Dubu- que Code of Ordinances Title 2 Boards and Commissions, Chapter 7 Board of Library Trustees; Ordinance No. 25-24 Amending City of Dubuque Code of Ordinances Title 14 Build- ing and Development, Chapter 1 Building Codes, Article A Building Code and Regula- tions, Section 14- 1A-6 Building Code Advisory and Appeal Board; Ordinance No. 26-24 Amending City of Dubuque Code of Ordinanc- es Title 2 Boards and Commissions, Chapter 11 Cable Television Commission; Ordinance No. 27-24 Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 4 Civic Center Advisory Commission; Ordinance No. 28-24 Amending City of Dubu- que Code of Ordinances Title 2 Boards and Commissions, Chapter 2 Civil Service Com- mission; Ordinance No. 29-24 Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 5 Housing Agency and Community Development Commissions, Article C Community Development Advisory Commission; Ordinance No. 30-24 Amending City of Dubuque Code of Ordinances Title 8 Equity and Human Rights, Chapter 2 Equity and Human Rights Commission; Ordinance No. 31-24 Amending City of Dubuque Code of Ordinances Title 16 Unified Development Code, Chapter 10 Historic Preservation Com- mission Applications and Procedures, Section 16- 10-1 Historic Preservation Commission; Ordinance No. 32-24 Amending City of Dubu- que Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Arti- cle J Property Maintenance Code, Section 14- 1J- 7 Housing Appeals and Mediation Board; Ordinance No. 33-24 Amending City of Dubu- que Code of Ordinances Title 2 Boards and Commissions, Chapter 5 Housing Agency and Community Development Commissions, Arti- cle B Housing Commission; Ordinance No. 34- 24 Amending City of Dubuque Code of Ordi- nances Title 2 Boards and Commissions, Chapter 5 Housing Agency and Community Development Commissions, Article D Trust Fund Advisory Committee; Ordinance No. 35- 24 Amending City of Dubuque Code of Ordi- nances Title 2 Boards and Commissions, Chapter 3 Investment Oversight Advisory Commission; Ordinance No. 36-24 Amending City of Dubuque Code of Ordinances Title 15 Planning and Zoning, Chapter 2 Long Range Planning Advisory Commission; Ordinance No. 37-24 Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 5 Parks and Recreation, Article A Administration, Section 10-5A-2 Park and Rec- reation Advisory Commission; Ordinance No. 38-24 Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 6 Resilient Community Advisory Commission; Ordinance No. 39-24 Amending City of Dubuque Code of Ordinances Title 5 Transit System, Chapter 1 Transit Advisory Board; Ordinance No. 40-24 Amending City of Dubuque Code of Ordinances Title 16 Unified Development Code, Chapter 9 Zoning Adviso- ry Commission Applications and Procedures, Section 16-9-1 Zoning Advisory Commission; Ordinance No. 41-24 Amending City of Dubu- que Code of Ordinances Title 16 Unified De- velopment Code, Chapter 8 Zoning Board of Page 282 of 1311 Book 154 Regular Session, June 17, 2024 196 Adjustment Applications and Procedures, Sec- Passed, approved, and adopted this 17th tion 16-8-1 Zoning Board of Adjustment. Se- day of June 2024. conded by Roussell. Motion carried 7-0. Brad Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk ORDINANCE NO. 20-24 AMENDING CITY OF DUBUQUE CODE OF ORDINANCE NO. 21-24 ORDINANCES TITLE 12 AIRPORT, CHAP- AMENDING CITY OF DUBUQUE CODE OF TER 4 AIRPORT COMMISSION ORDINANCES TITLE 12 AIRPORT, CHAP - NOW, THEREFORE, BE IT ORDAINED TER 6 AIRPORT ZONING BOARD OF AD - BY THE CITY COUNCIL OF THE CITY OF JUSTMENT DUBUQUE, IA.: NOW, THEREFORE, BE IT ORDAINED Section 1. Title 12, Chapter 4 of the City of BY THE CITY COUNCIL OF THE CITY OF Dubuque Code of Ordinances is hereby DUBUQUE, IA.: amended to read as follows: Section 1. Title 12, Chapter 6 of the City of .... Dubuque Code of Ordinances is hereby 12-4-5: MEMBERSHIP: The commission amended to read as follows: comprises five (5) residents of the city, .... appointed by the city council. 12-6-5: MEMBERSHIP: 12-4-6: OATH: Each person, upon ap- A. Composition: The board comprises pointment to the commission, must exe- five (5) residents of the city. cute an oath of office at the first meeting B. Special Qualifications: of the commission following the appoint- 1. Two (2) members must be selected ment or at the city clerk's office any time by the city council from the city of prior to the first meeting of the commis- Dubuque zoning board of adjustment. sion. 2. Two (2) members must be selected .... by the Dubuque County board of su- 12-4-10: MEETINGS: pervisors. A. Meetings: Meetings may be called by 3. One member from the public at large the chairperson or at the written re- must be selected by the other four (4) quest of a majority of the commission- members. This member will serve as ers. chairperson. B. Open Meetings: All meetings must be 12-6-6: OATH: Each person, upon selec- called and held in conformance with the tion to the board, must execute an oath Iowa open meetings law. of office at the first meeting of the board C. Attendance: following the selection or at the city 1. In the event a commissioner has clerk's office any time prior to the first been absent for three (3) or more meeting of the board. consecutive meetings of the commis- .... sion, without being excused by the 12-6-8: VACANCIES: Vacancies must be chairperson, such absence will be filled in the same manner as original se - grounds for the commission to rec- lections. ommend to the city council that the .... position be declared vacant and a re- 12-6-10: MEETINGS: placement appointed. A. Meetings: Meetings may be called by 2. Attendance must be entered upon the chairperson or at the written re - the minutes of all meetings. quest of a majority of the members. D. Minutes: A copy of the minutes of all B. Open Meetings: All meetings must be regular and special meetings of the called and held in conformance with the commission must be filed with the city Iowa open meetings law. council within ten (10) working days after C. Attendance: approval by the commission, or by the 1. In the event a member of the board next regularly scheduled city council has been absent for three (3) or more meeting, whichever is later. consecutive meetings of the board, E. Quorum: Three (3) members of the without being excused by the chair - commission constitute a quorum for the person, such absence will be grounds transaction of business. The affirmative for the board to recommend to the vote of a majority of the commissioners city council that the position be de - present and voting is necessary for the clared vacant and a replacement ap- adoption of any motion or resolution. pointed. 2. Attendance must be entered upon Section 2. This ordinance shall take effect the minutes of all meetings. July 1, 2024. D. Minutes: A copy of the minutes of all regular and special meetings of the Page 283 of 1311 Book 154 Regular Session, June 17, 2024 197 board must be filed with the city council 12-5-10: MEETINGS: within ten (10) working days after ap- A. Meetings: Meetings may be called by proval by the board, or by the next reg- the chairperson or at the written re- ularly scheduled city council meeting, quest of a majority of the commission - whichever is later. ers. E. Quorum: Three (3) members of the B. Open Meetings: All meetings must be board constitute a quorum for the called and held in conformance with the transaction of business. The affirmative Iowa open meetings law. vote of a majority of the members pre- C. Attendance: sent and voting is necessary for the 1. In the event a commissioner has adoption of any motion or resolution. been absent for three (3) or more The affirmative vote of a majority of the consecutive meetings of the commis - board is necessary to reverse any or- sion, without being excused by the der, requirement, decision, or determi- chairperson, such absence will be nation of any administrative official or to grounds for the commission to rec- decide in favor of the applicant on any ommend to the city council that the matter upon which the board is re- position be declared vacant and a re- quired to pass under this chapter, or to placement appointed. affect any variation from the terms 2. Attendance must be entered upon thereof. the minutes of all meetings. D. Minutes: A copy of the minutes of all Section 2. This ordinance shall take effect regular and special meetings of the July 1, 2024. commission must be filed with the city Passed, approved, and adopted this 17th council within ten (10) working days af- day of June 2024. ter approval by the commission, or by Brad Cavanagh, Mayor the next regularly scheduled city coun- Attest: Adrienne Breitfelder, City Clerk cil meeting, whichever is later. E. Quorum: Three (3) members of the ORDINANCE NO. 22-24 commission constitute a quorum for the AMENDING CITY OF DUBUQUE CODE OF transaction of business. The affirmative ORDINANCES TITLE 12 AIRPORT, CHAP- vote of a majority of the commissioners TER 5 AIRPORT ZONING COMMISSION present and voting is necessary for the NOW, THEREFORE, BE IT ORDAINED adoption of any motion or resolution. BY THE CITY COUNCIL OF THE CITY OF .... DUBUQUE, IA.: Section 2. This ordinance shall take effect Section 1. Title 12, Chapter 5 of the City of July 1, 2024. Dubuque Code of Ordinances is hereby Passed, approved, and adopted this 17th amended to read as follows: day of June 2024. .... Brad Cavanagh, Mayor 12-5-5: MEMBERSHIP: Attest: Adrienne Breitfelder, City Clerk A. The commission comprises five (5) members: ORDINANCE NO. 23-24 1. Two (2) members selected by the AMENDING CITY OF DUBUQUE CODE OF city council from the city of Dubuque ORDINANCES TITLE 2 BOARDS AND zoning advisory commission; COMMISSIONS, CHAPTER 8 ARTS AND 2. Two (2) members selected by the CULTURAL AFFAIRS ADVISORY COMMIS - Dubuque County board of supervi- SION sors; and NOW, THEREFORE, BE IT ORDAINED 3. One member from the public at large BY THE CITY COUNCIL OF THE CITY OF selected by the other four (4) mem- DUBUQUE, IA.: bers. This member will serve as Section 1. Title 2, Chapter 8 of the City of chairperson. Dubuque Code of Ordinances is hereby 12-5-6: OATH: Each person, upon selec- amended to read as follows: tion to the commission, must execute an .... oath of office at the first meeting of the 2-8-6: OATH: Each person, upon appoint - commission following the selection or at ment to the commission, must execute an the city clerk's office any time prior to the oath of office at the first meeting of the first meeting of the commission. commission following the appointment or at .... the city clerk's office any time prior to the 12-5-8: VACANCIES: Vacancies must be first meeting of the commission. filled in the same manner as original se- 2-8-7: TERMS: The term of office for com- lections. missioners is three (3) years or until such Page 284 of 1311 Book 154 Regular Session, June 17, 2024 198 commissioner's successor is appointed fice at the first meeting of the board follow - and qualified. ing the selection or at the city clerk's office .... any time prior to the first meeting of the 2-8-10: MEETINGS: board. A. Regular Meetings: The commission .... must meet monthly. 2-7-9: OFFICERS/ORGANIZATION: The B. Special Meetings: Special meetings board must choose annually a chairperson may be called by the chairperson or at and vice chairperson, each to serve a term the written request of a majority of the of one year. The chairperson must appoint commissioners. a secretary, who need not be a member of C. Open Meetings: All meetings must be the commission. The board must fill a va- called and held in conformance with the cancy among its officers for the remainder Iowa open meetings law. of the officer's unexpired term. D. Attendance: 2-7-10: MEETINGS: 1. In the event a commissioner has A. Regular Meetings: The board must been absent for three (3) or more meet not less than what is required consecutive meetings of the commis- by the State Library of Iowa stand- sion, without being excused by the ards for accreditation. chairperson, such absence will be B. Special Meetings: Special meetings grounds for the commission to rec- may be called by the chairperson or ommend to the city council that the at the written request of a majority of position be declared vacant and a re- the members. placement appointed. C. Open Meetings: All meetings must 2. Attendance must be entered upon be called and held in conformance the minutes of all meetings. with the Iowa open meetings law. E. Minutes: A copy of the minutes of all D. Attendance: regular and special meetings of the 1. The board must declare the office commission must be filed with the city of a trustee vacant when the trustee council within ten (10) working days af- is removed from the library board or ter approval by the commission, or by the unexcused absence from six (6) the next regularly scheduled city coun- consecutive regular meetings. cil meeting, whichever is later. 2. Attendance must be entered upon F. Quorum: Four (4) commissioners con- the minutes of all meetings. stitute a quorum for the transaction of E. Minutes: A copy of the minutes of all business. The affirmative vote of a ma- regular and special meetings of the jority of the commissioners present and board must be filed with the city voting is necessary for the adoption of council within ten (10) working days any motion or resolution. after approval by the board. F. Quorum: Four (4) members of the Section 2. This ordinance shall take effect board constitute a quorum for the July 1, 2024. transaction of business. The affirma- Passed, approved, and adopted this 17th tive vote of a majority of the members day of June 2024. present and voting is necessary for Brad Cavanagh, Mayor the adoption of any motion or resolu- Attest: Adrienne Breitfelder, City Clerk tion. ORDINANCE NO. 24-24 Section 2. This ordinance shall take effect AMENDING CITY OF DUBUQUE CODE OF July 1, 2024. ORDINANCES TITLE 2 BOARDS AND Passed, approved, and adopted this 17th COMMISSIONS, CHAPTER 7 BOARD OF day of June 2024. LIBRARY TRUSTEES Brad Cavanagh, Mayor NOW, THEREFORE, BE IT ORDAINED Attest: Adrienne Breitfelder, City Clerk BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: ORDINANCE NO. 25-24 Section 1. Title 2, Chapter 7 of the City of AMENDING CITY OF DUBUQUE CODE OF Dubuque Code of Ordinances is hereby ORDINANCES TITLE 14 BUILDING AND amended to read as follows: DEVELOPMENT, CHAPTER 1 BUILDING .... CODES, ARTICLE A BUILDING CODE AND 2-7-5: MEMBERSHIP: The board compris- REGULATIONS, SECTION 14-1A-6 BUILD - es seven (7) residents of the city, appoint- ING CODE ADVISORY AND APPEAL ed by city council. BOARD 2-7-6: OATH: Each person, upon selection NOW, THEREFORE, BE IT ORDAINED to the board, must execute an oath of of- BY THE CITY COUNCIL OF THE CITY OF Page 285 of 1311 Book 154 Regular Session, June 17, 2024 199 DUBUQUE, IA.: 5. Attendance: Section 1. Section 14-1A-6 of the City of a. In the event a member of the board Dubuque Code of Ordinances is hereby has been absent for three (3) or amended to read as follows: more consecutive meetings of the .... board, without being excused by E. Membership: the Chairperson, such absence will 1. The board comprises seven (7) resi- be grounds for the board to recom- dents of the city, appointed by the city mend to the City Council that the council. position be declared vacant and a 2. Special experience and training qual- replacement appointed. ifications: b. Attendance must be entered upon a. One member must be a residential the minutes of all meetings. construction professional. 6. Minutes: A copy of the minutes of all b. One member must be a commer- regular and special meetings of the cial construction professional. board must be filed with the City c. One member must be an electrical Council within ten (10) working days construction professional. after approval by the board, or by the d. One member must be a plumbing next regularly scheduled City Council construction professional. meeting, whichever is later. e. One member must be a heating, 7. Quorum: Four (4) members of the ventilation, and air conditioning board must be in attendance to con- (HVAC) construction professional. stitute a quorum for the transaction of f. Two (2) multi -disciplinary repre- business. An affirmative vote of a ma- sentatives, which could be an archi- jority of the members present and tect, engineer, building designer, or voting is necessary for the adoption general construction professional. of any motion or resolution. 3. Alternates: Alternate representatives .... shall be appointed for the residential L. Removal: Except as provided in sub - construction professional, commercial section 14-1A-6E5a of this chapter, the construction professional, electrical city council may remove any commis - construction professional, plumbing sioner for good cause. construction professional, and HVAC Section 2. This ordinance shall take effect construction professional positions July 1, 2024. and shall be called upon to participate Passed, approved, and adopted this 17th in the event of a conflict of interest or day of June 2024. unavailability of the primary appoin- Brad Cavanagh, Mayor tee. Attest: Adrienne Breitfelder, City Clerk F. Oath: Each person, upon appointment to the board, must execute an oath of ORDINANCE NO. 26-24 office at the first meeting of the board AMENDING CITY OF DUBUQUE CODE OF following the appointment or at the City ORDINANCES TITLE 2 BOARDS AND Clerk's Office any time prior to the first COMMISSIONS, CHAPTER 11 CABLE TEL- meeting of the board. EVISION COMMISSION .... NOW, THEREFORE, BE IT ORDAINED J. Meetings: BY THE CITY COUNCIL OF THE CITY OF 1. Regular Meetings: The board must DUBUQUE, IA.: meet upon call of the Chairperson, Section 1. Title 2, Chapter 11 of the City of the City Manager, or the City Man- Dubuque Code of Ordinances is hereby ager's designee. amended to read as follows: 2. Special Meetings: Special meetings .... may be called by the Chairperson or 2-11-5: MEMBERSHIP: at the written request of a majority of A. The commission comprises five (5) the members. residents of the city, appointed by the 3. Open Meetings: All meetings must city council. be called and held in conformance B. Special Qualifications: In its appoint - with the Iowa Open Meetings Law. ments, the city council will endeavor to 4. Appeals: The board shall meet upon achieve a broad representation of the notice from the Chairman, within not community and public interests which less than ten (10) days and not more can take advantage of dedicated chan- than ninety (90) days of the filing of nels to benefit the residents of the city an appeal, at stated periodic meet- of Dubuque and to develop a commis- ings, or at the written request of a sion versed and competent in tele- majority of the members. communication administration, financ- Page 286 of 1311 Book 154 Regular Session, June 17, 2024 200 es, and regulation. The city council will ORDINANCE NO. 27-24 attempt to give preference to applicants AMENDING CITY OF DUBUQUE CODE OF who are actively interested in promot- ORDINANCES TITLE 2 BOARDS AND ing community cable programming who COMMISSIONS, CHAPTER 4 CIVIC CENTER possess, or are willing to acquire, video ADVISORY COMMISSION production background, and who will NOW, THEREFORE, BE IT ORDAINED relate to the spectrum of informational BY THE CITY COUNCIL OF THE CITY OF and cultural needs of cable viewers of DUBUQUE, IA.: the city of Dubuque and applicants who Section 1. Title 2, Chapter 4 of the City of possess professional or experiential Dubuque Code of Ordinances is hereby backgrounds in law, finances, admin- amended to read as follows: istration, public relations, or telecom- .... munication technologies. 2-4-5: MEMBERSHIP: The commission 2-11-6: OATH: Each person, upon ap- comprises five (5) residents of the city, pointment to the commission, must exe- appointed by the city council. cute an oath of office at the first meeting 2-4-6: OATH: Each person, upon appoint - of the commission following the appoint- ment to the commission, must execute ment or at the city clerk's office any time an oath of office at the first meeting of the prior to the first meeting of the commis- commission following the appointment or sion. at the city clerk's office any time prior to .... the first meeting of the commission. 2-11-10: MEETINGS: .... A. Meetings: The commission shall meet 2-4-10: MEETINGS: as needed. Special meetings may be A. Regular Meetings: The commission called by the chairperson or at the writ- must meet quarterly. ten request of a majority of the com- B. Special Meetings: Special meetings missioners. may be called by the chairperson or at B. Open Meetings: All meetings must be the written request of a majority of the called and held in conformance with the commissioners. Iowa open meetings law. C. Open Meetings: All meetings must be C. Attendance: called and held in conformance with the 1. In the event a commissioner has Iowa open meetings law. been absent for three (3) or more D. Attendance: consecutive meetings of the commis- 1. In the event a commissioner has sion, without being excused by the been absent for three (3) or more chairperson, such absence will be consecutive meetings of the commis - grounds for the commission to rec- sion, without being excused by the ommend to the city council that the chairperson, such absence will be position be declared vacant and a re- grounds for the commission to rec- placement appointed. ommend to the city council that the 2. Attendance must be entered upon position be declared vacant and a re - the minutes of all meetings. placement appointed. D. Minutes: A copy of the minutes of all 2. Attendance must be entered upon regular and special meetings of the the minutes of all meetings. commission must be filed with the city E. Minutes: A copy of the minutes of all council within ten (10) working days af- regular and special meetings of the ter approval by the commission, or by commission must be filed with the city the next regularly scheduled city coun- council within ten (10) working days af- cil meeting, whichever is later. ter approval by the commission, or by E. Quorum: Three (3) commissioners the next regularly scheduled city coun- constitute a quorum for the transaction cil meeting, whichever is later. of business. The affirmative vote of a F. Quorum: Three (3) commissioners majority of the commissioners present constitute a quorum for the transaction and voting is necessary for the adop- of business. The affirmative vote of a tion of any motion or resolution. majority of the commissioners present and voting is necessary for the adop- Section 2. This ordinance shall take effect tion of any motion or resolution. July 1, 2024. .... Passed, approved, and adopted this 17th Section 2. This ordinance shall take effect day of June 2024. July 1, 2024. Brad Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk Page 287 of 1311 Book 154 Regular Session, June 17, 2024 201 Passed, approved, and adopted this 17th C. Open Meetings: All meetings must be day of June 2024. called and held in conformance with the Brad Cavanagh, Mayor Iowa open meetings law. Attest: Adrienne Breitfelder, City Clerk D. Attendance: 1. In the event a commissioner has ORDINANCE NO. 28-24 been absent for three (3) or more AMENDING CITY OF DUBUQUE CODE OF consecutive meetings of the commis - ORDINANCES TITLE 2 BOARDS AND sion, without being excused by the COMMISSIONS, CHAPTER 2 CIVIL SER- chairperson, such absence will be VICE COMMISSION grounds for the commission to rec- NOW, THEREFORE, BE IT ORDAINED ommend to the city council that the BY THE CITY COUNCIL OF THE CITY OF position be declared vacant and a re- DUBUQUE, IA.: placement appointed. Section 1. Title 2, Chapter 2 of the City of 2. Attendance must be entered upon Dubuque Code of Ordinances is hereby the minutes of all meetings. amended to read as follows: E. Minutes: A copy of the minutes of all .... regular and special meetings of the 2-2-5: MEMBERSHIP: commission must be filed with the city A. Composition: The commission com- council within ten (10) working days af- prises three (3) residents of the city, ter approval by the commission, or by appointed by the mayor with approval the next regularly scheduled city coun- of the city council. cil meeting, whichever is later. B. Special Qualifications: F. Quorum: Two (2) commissioners con- 1. Commissioners must be citizens of stitute a quorum for the transaction of Iowa, eligible electors as defined in business. The affirmative vote of a ma - the Iowa Code, and may not hold or jority of the commissioners present and be a candidate for any office of public voting is necessary for the adoption of trust. any motion or resolution. 2. The equity and human rights director .... shall, ex officio, be a member, without Section 2. This ordinance shall take effect vote. July 1, 2024. 3. Commissioners may not do any of Passed, approved, and adopted this 17'h the following: day of June 2024. a. Sell, or in any manner become par- Brad Cavanagh, Mayor ties, directly or indirectly, to any Attest: Adrienne Breitfelder, City Clerk contract to furnish supplies, materi- al, or labor to the city unless the ORDINANCE NO. 29-24 sale is made or the contract is AMENDING CITY OF DUBUQUE CODE OF awarded by competitive bid in writ- ORDINANCES TITLE 2 BOARDS AND ing, publicly invited and opened. COMMISSIONS, CHAPTER 5 HOUSING b. Have an interest, direct or indirect, AGENCY AND COMMUNITY DEVELOP - in any contract or job of work or ma- MENT COMMISSIONS, ARTICLE C COM- terial or the profits thereof or ser- MUNITY DEVELOPMENT ADVISORY COM- vices to be furnished or performed MISSION for the city unless the contract or NOW, THEREFORE, BE IT ORDAINED job is awarded by competitive bid in BY THE CITY COUNCIL OF THE CITY OF writing, publicly invited and opened. DUBUQUE, IA.: 2-2-6: OATH: Each person, upon appoint- Section 1. Title 2, Chapter 5, Article C of ment to the commission, must execute the City of Dubuque Code of Ordinances is an oath of office at the first meeting of the hereby amended to read as follows: commission following the appointment or .... at the city clerk's office any time prior to 2-5C-5: MEMBERSHIP: the first meeting of the commission. A. Composition: The commission com- .... prises nine (9) residents of the City, 2-2-10: MEETINGS: appointed by the City Council. A. Regular Meetings: The commission B. Qualifications: meets monthly. When there is no busi- 1. Four (4) members must be residents ness, there is no obligation to meet. of census tracts and block groups B. Special Meetings: Special meetings where at least fifty one percent (51 %) may be called by the chairperson or at of the residents are low/moderate in - the written request of a majority of the come persons as determined by the commissioners. United States Department of Com- merce, Bureau of the Census. Page 288 of 1311 Book 154 Regular Session, June 17, 2024 202 2. Four (4) members must be residents HUMAN RIGHTS COMMISSION of the community at- large. NOW, THEREFORE, BE IT ORDAINED 3. One member must be appointed by BY THE CITY COUNCIL OF THE CITY OF and from the membership of the DUBUQUE, IA.: Housing Commission, with City Section 1. Title 8, Chapter 2 of the City of Council approval. Dubuque Code of Ordinances is hereby 2-5C-6: OATH: Each person, upon ap- amended to read as follows: pointment to the commission, must exe- .... cute an oath of office at the first meeting 8-2-5: MEMBERSHIP: The commission of the commission following the appoint- comprises nine (9) residents of the city, ment or at the City Clerk's Office any appointed by the city council from various time prior to the first meeting of the racial, religious, cultural, and social commission. groups within the city. .... 8-2-6: OATH: Each person, upon appoint- 2-5C-10: MEETINGS: ment to the commission, must execute A. Regular Meetings: The commission an oath of office at the first meeting of the must meet monthly. commission following the appointment or B. Special Meetings: Special meetings at the city clerk's office any time prior to may be called by the Chairperson or at the first meeting of the commission. the written request of a majority of the .... Commissioners. 8-2-10: MEETINGS: C. Open Meetings: All meetings must be A. Regular Meetings: The commission called and held in conformance with the must meet monthly. Iowa Open Meetings Law. B. Special Meetings: Special meetings D. Attendance: may be called by the chairperson or at 1. In the event a Commissioner has the written request of a majority of the been absent for three (3) or more commissioners. consecutive meetings of the commis- C. Open Meetings: All meetings must be sion, without being excused by the called and held in conformance with the Chairperson, such absence will be Iowa open meetings law. grounds for the commission to rec- D. Attendance: ommend to the City Council that the 1. In the event a commissioner has position be declared vacant and a re- been absent for three (3) or more placement appointed. consecutive meetings of the commis- 2. Attendance must be entered upon sion, without being excused by the the minutes of all meetings. chairperson, such absence will be E. Minutes: A copy of the minutes of all grounds for the commission to rec- regular and special meetings of the ommend to the city council that the commission must be filed with the position be declared vacant and a re - City Council within ten (10) working placement appointed. days after approval by the commis- 2. Attendance must be entered upon sion, or by the next regularly sched- the minutes of all meetings. uled City Council meeting, whichever E. Minutes: A copy of the minutes of all is later. regular and special meetings of the F. Quorum: Five (5) Commissioners commission must be filed with the city constitute a quorum for the transac- council within ten (10) working days af- tion of business. The affirmative vote ter approval by the commission, or by of a majority of the Commissioners the next regularly scheduled city coun- present and voting is necessary for cil meeting, whichever is later. the adoption of any motion or resolu- F. Quorum: Five (5) commissioners con- tion. stitute a quorum for the transaction of business. The affirmative vote of a ma - Section 2. This ordinance shall take effect jority of the commissioners present and July 1, 2024. voting is necessary for the adoption of Passed, approved, and adopted this 17th any motion or resolution. day of June 2024. 8-2-11: COMPENSATION: Commissioners Brad Cavanagh, Mayor serve without compensation, provided Attest: Adrienne Breitfelder, City Clerk that they may receive reimbursement for necessary travel and other expenses ORDINANCE NO. 30-24 while on official commission business AMENDING CITY OF DUBUQUE CODE OF within the limits established in the city ORDINANCES TITLE 8 EQUITY AND HU- administrative policies and budget. MAN RIGHTS, CHAPTER 2 EQUITY AND Page 289 of 1311 Book 154 Regular Session, June 17, 2024 203 Section 2. This ordinance shall take effect 3. Open Meetings: All meetings must be July 1, 2024. called and held in conformance with the Passed, approved, and adopted this 17th Iowa open meetings law. day of June 2024. 4. Attendance: Brad Cavanagh, Mayor a. In the event a commissioner has Attest: Adrienne Breitfelder, City Clerk been absent for three (3) or more consecutive meetings of the commis - ORDINANCE NO. 31-24 sion, without being excused by the AMENDING CITY OF DUBUQUE CODE OF chairperson, such absence will be ORDINANCES TITLE 16 UNIFIED DEVEL- grounds for the commission to rec- OPMENT CODE, CHAPTER 10 HISTORIC ommend to the city council that the PRESERVATION COMMISSION APPLICA- position be declared vacant and a re- TIONS AND PROCEDURES, SECTION 16- placement appointed. 10-1 HISTORIC PRESERVATION COMMIS- b. Attendance must be entered upon SION the minutes of all meetings. NOW, THEREFORE, BE IT ORDAINED 5. Minutes: A copy of the minutes of all BY THE CITY COUNCIL OF THE CITY OF regular and special meetings of the DUBUQUE, IA.: commission must be filed with the city Section 1. Section 16-10-1 of the City of council within ten (10) working days af- Dubuque Code of Ordinances is hereby ter approval by the commission, or by amended to read as follows: the next regularly scheduled city coun- cil meeting, whichever is later. E. Membership: 6. Quorum: Five (5) commissioners con- 1. Number: The commission comprises stitute a quorum for the transaction of nine (9) residents of the city, appointed business. The affirmative vote of a ma - by the city council. jority of the commissioners present and 2. Special Qualifications: voting is necessary for the adoption of a. One resident from each designated any motion or resolution. historic preservation district, including .... historic districts hereinafter estab- Section 2. This ordinance shall take effect lished. July 1, 2024. b. Four (4) at large members. Passed, approved, and adopted this 17'h c. Each member must possess qualifi- day of June 2024. cations evidencing expertise or inter- Brad Cavanagh, Mayor est in architecture, history, archaeol- Attest: Adrienne Breitfelder, City Clerk ogy, law, construction, building reha- bilitation, city planning, or conserva- ORDINANCE NO. 32-24 tion in general. AMENDING CITY OF DUBUQUE CODE OF d. One member must be a licensed ar- ORDINANCES TITLE 14 BUILDING AND chitect. DEVELOPMENT, CHAPTER 1 BUILDING 4. Compliance With Iowa Code: Mem- CODES, ARTICLE J PROPERTY MAINTE- bership on the commission must com- NANCE CODE, SECTION 14-1J-7 HOUSING ply with the provisions of Iowa Code APPEALS AND MEDIATION BOARD section 303.34, subsection 3, relating NOW, THEREFORE, BE IT ORDAINED to establishment of a commission to BY THE CITY COUNCIL OF THE CITY OF deal with matters involving areas of his- DUBUQUE, IA.: torical significance. Section 1. Section 14-1J-7 of the City of F. Oath: Each person, upon appointment to Dubuque Code of Ordinances is hereby the commission, must execute an oath of amended to read as follows: office at the first meeting of the commis- .... sion following the appointment or at the E. Membership: city clerk's office any time prior to the first 1. The board comprises five (5) residents meeting of the commission. of the city, appointed by the city coun- .... cil. J. Meetings: 2. Special Experience and Training 1. Regular Meetings: The commission Qualifications: The housing appeals must meet at least three (3) times in a and mediation board shall be com- calendar year to maintain certified local prised of residents with an interest in government status. fair and equitable housing with empha- 2. Special Meetings: Special meetings sis on balance of landlords, tenants may be called by the chairperson or at and other interested citizens. the written request of a majority of the F. Oath: Each person, upon appointment to commissioners. the board, must execute an oath of office Page 290 of 1311 Book 154 Regular Session, June 17, 2024 204 at the first meeting of the board following hereby amended to read as follows: appointment or at the city clerk's office any .... time prior to the first meeting of the board. 2-513-5: MEMBERSHIP: A. Number: The commission comprises J. Meetings: ten (10) residents of the city. 1. The board shall meet upon notice from B. Special Qualifications: the chairman, within not less than ten 1. At least three (3) members must be (10) days and not more than ninety (90) appointed specifically on the basis of days of the filing of an appeal or a re- experience in real estate develop - quest for mediation, at stated periodic ment, banking, finance, accounting, meetings, or at the written request of a funds management, or other related majority of the members. areas of expertise. 2. Attendance: 2. One (1) member must be a person a. In the event a member of the board who is a recipient of tenant based has been absent for three (3) or more rental assistance under section 8 of consecutive meetings of the board, the United States Housing Act of without being excused by the chair- 1937, whose name appears on a person, such absence will be grounds lease of section 8 property. If such for the board to recommend to the member ceases to be a recipient of city council that the position be de- rental assistance under section 8, the clared vacant and a replacement ap- term of such member is deemed ter - pointed. minated and a new member who b. Attendance must be entered upon meets the requirements of this sub - the minutes of all meetings. section must be appointed for the re- 3. Minutes: A copy of the minutes of all mainder of the term. regular and special meetings of the 3. The remaining members are at -large board must be filed with the city council members. within ten (10) working days after ap- 4. Cross -Representation: proval by the board, or by the next reg- a. One (1) member must be appoint- ularly scheduled city council meeting, ed by the commission, with city whichever is later. council approval, to serve on the 4. Quorum: Three (3) members of the community development advisory board must be in attendance to consti- commission. tute a quorum for the transaction of b. One (1) member must be appoint - business. An affirmative vote of a ma- ed by the commission, with city jority of the members present and vot- council approval, to serve on the ing is necessary for the adoption of any long-range planning advisory com- motion or resolution. mission. .... 2-513-6: OATH: Each person, upon ap- L. Removal: Except as provided in subsec- pointment to the commission, must exe- tion 14-1J-7J2 of this chapter, the city cute an oath of office at the first meeting council may remove any member for of the commission following the appoint - good cause. ment or at the city clerk's office any time prior to the first meeting of the commis - Section 2. This ordinance shall take effect sion. July 1, 2024. .... Passed, approved, and adopted this 17th 2-513-10: MEETINGS: day of June 2024. A. Regular Meetings: The commission Brad Cavanagh, Mayor must meet quarterly. Attest: Adrienne Breitfelder, City Clerk B. Special Meetings: Special meetings may be called by the chairperson or at ORDINANCE NO. 33-24 the written request of a majority of the AMENDING CITY OF DUBUQUE CODE OF commissioners. ORDINANCES TITLE 2 BOARDS AND C. Open Meetings: All meetings must be COMMISSIONS, CHAPTER 5 HOUSING called and held in conformance with the AGENCY AND COMMUNITY DEVELOP- Iowa open meetings law. MENT COMMISSIONS, ARTICLE B HOUS- D. Attendance: ING COMMISSION 1. In the event a commissioner has NOW, THEREFORE, BE IT ORDAINED been absent for three (3) or more BY THE CITY COUNCIL OF THE CITY OF consecutive meetings of the commis- DUBUQUE, IA.: sion, without being excused by the Section 1. Title 2, Chapter 5, Article B of chairperson, such absence will be the City of Dubuque Code of Ordinances is grounds for the commission to rec- Page 291 of 1311 Book 154 Regular Session, June 17, 2024 205 ommend to the city council that the 1. Regular Meetings: The committee position be declared vacant and a re- must meet at least two (2) times per placement appointed. year; one meeting must be a public 2. Attendance must be entered upon hearing regarding submission of the the minutes of all meetings. Iowa finance authority application. E. Minutes: A copy of the minutes of all 2. Special Meetings: Special meetings regular and special meetings of the may be called by the chairperson or at commission must be filed with the city the written request of a majority of the council within ten (10) working days af- members. ter approval by the commission, or by 3. Open Meetings: All meetings must be the next regularly scheduled city coun- called and held in conformance with the cil meeting, whichever is later. Iowa open meetings law. F. Quorum: Six (6) commissioners consti- 4. Attendance: tute a quorum for the transaction of a. In the event a member of the com- business. The affirmative vote of a ma- mittee has been absent for three (3) jority of the commissioners present and or more consecutive meetings of the voting is necessary for the adoption of committee, without being excused by any motion or resolution. the chairperson, such absence will be grounds for the committee to recom- Section 2. This ordinance shall take effect mend to the city council that the posi- July 1, 2024. tion be declared vacant and a re - Passed, approved, and adopted this 17th placement appointed. day of June 2024. b. Attendance must be entered upon Brad Cavanagh, Mayor the minutes of all meetings. Attest: Adrienne Breitfelder, City Clerk 5. Minutes: A copy of the minutes of all regular and special meetings of the ORDINANCE NO. 34-24 committee must be filed with the city AMENDING CITY OF DUBUQUE CODE OF council within ten (10) working days af- ORDINANCES TITLE 2 BOARDS AND ter approval by the committee, or by COMMISSIONS, CHAPTER 5 HOUSING the next regularly scheduled city coun- AGENCY AND COMMUNITY DEVELOP- cil meeting, whichever is later. MENT COMMISSIONS, ARTICLE D TRUST 6. Quorum: Three (3) members of the FUND ADVISORY COMMITTEE committee constitute a quorum for the NOW, THEREFORE, BE IT ORDAINED transaction of business. The affirmative BY THE CITY COUNCIL OF THE CITY OF vote of a majority of the members pre- DUBUQUE, IA.: sent and voting is necessary for the Section 1. Title 2, Chapter 5, Article D of adoption of any resolution. the City of Dubuque Code of Ordinances is .... hereby amended to read as follows: Section 2. This ordinance shall take effect July 1, 2024. E. Membership: Passed, approved, and adopted this 17th 1. The committee comprises five (5) resi- day of June 2024. dents of the city, appointed by the city Brad Cavanagh, Mayor council. Attest: Adrienne Breitfelder, City Clerk 2. Special qualifications: a. Two (2) of the members must be ap- ORDINANCE NO. 35-24 pointed by the committee, with city AMENDING CITY OF DUBUQUE CODE OF council approval, to serve on the City ORDINANCES TITLE 2 BOARDS AND of Dubuque housing commission. COMMISSIONS, CHAPTER 3 INVESTMENT b. Three (3) members of the public OVERSIGHT ADVISORY COMMISSION must be elected specifically on the NOW, THEREFORE, BE IT ORDAINED basis of experience in real estate de- BY THE CITY COUNCIL OF THE CITY OF velopment, banking, finance, ac- DUBUQUE, IA.: counting, funds management, or oth- Section 1. Title 2, Chapter 3 of the City of er related areas of expertise. Dubuque Code of Ordinances is hereby F. Oath: Each person, upon appointment to amended to read as follows: the committee, must execute an oath of .... office at the first meeting of the commit- 2-3-6: OATH: Each person, upon appoint - tee following the appointment or at the ment to the commission, must execute city clerk's office any time prior to the first an oath of office at the first meeting of the meeting of the committee. commission following the appointment or .... at the city clerk's office any time prior to J. Meetings: the first meeting of the commission. Page 292 of 1311 Book 154 Regular Session, June 17, 2024 206 .... ability to contribute to the city's long 2-3-10: MEETINGS: range planning and development ef- A. Regular Meetings: The commission forts. must meet quarterly. 2. Cross -Representation: One (1) B. Special Meetings: Special meetings member must be appointed by and may be called by the chairperson or at from the membership of the Housing the written request of a majority of the Commission, with city council ap- commissioners. proval. C. Open Meetings: All meetings must be 15-2-6: OATH: Each person, upon ap- called and held in conformance with the pointment to the commission, must exe- Iowa open meetings law. cute an oath of office at the first meeting D. Attendance: of the commission following the appoint- 1. In the event a commissioner has ment or at the city clerk's office any time been absent for three (3) or more prior to the first meeting of the commis - consecutive meetings of the commis- sion. sion, without being excused by the .... chairperson, such absence will be 15-2-10: MEETINGS: grounds for the commission to rec- A. Meetings: Meetings may be called by ommend to the city council that the the Chairperson or at the written re- position be declared vacant and a re- quest of a majority of the Commission - placement appointed. ers. 2. Attendance must be entered upon B. Open Meetings: All meetings must be the minutes of all meetings. called and held in conformance with the E. Minutes: A copy of the minutes of all Iowa Open Meetings Law. regular and special meetings of the C. Attendance: commission must be filed with the city 1. In the event a Commissioner has council within ten (10) working days af- been absent for three (3) or more ter approval by the commission, or by consecutive meetings of the commis - the next regularly scheduled city coun- sion, without being excused by the cil meeting, whichever is later. Chairperson, such absence will be F. Quorum: Three (3) commissioners grounds for the commission to rec- constitute a quorum for the transaction ommend to the City Council that the of business. The affirmative vote of a position be declared vacant and a re - majority of the commissioners present placement appointed. and voting is necessary for the adop- 2. Attendance must be entered upon tion of any motion or resolution. the minutes of all meetings. D. Minutes: A copy of the minutes of all Section 2. This ordinance shall take effect regular and special meetings of the July 1, 2024. commission must be filed with the City Passed, approved, and adopted this 17th Council within ten (10) working days af- day of June 2024. ter approval by the commission, or by Brad Cavanagh, Mayor the next regularly scheduled City Attest: Adrienne Breitfelder, City Clerk Council meeting, whichever is later. E. Quorum: Four (4) Commissioners ORDINANCE NO. 36-24 constitute a quorum for the transaction AMENDING CITY OF DUBUQUE CODE OF of business. The affirmative vote of a ORDINANCES TITLE 15 PLANNING AND majority of the Commissioners present ZONING, CHAPTER 2 LONG RANGE and voting is necessary for the adop- PLANNING ADVISORY COMMISSION tion of any motion or resolution. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF Section 2. This ordinance shall take effect DUBUQUE, IA.: July 1, 2024. Section 1. Title 15, Chapter 2 of the City of Passed, approved, and adopted this 17th Dubuque Code of Ordinances is hereby day of June 2024. amended to read as follows: Brad Cavanagh, Mayor .... Attest: Adrienne Breitfelder, City Clerk 15-2-5: MEMBERSHIP: A. Composition: The commission com- ORDINANCE NO. 37-24 prises seven (7) residents of the city, AMENDING CITY OF DUBUQUE CODE OF appointed by the city council. ORDINANCES TITLE 10 PUBLIC WAYS B. Qualifications: AND PROPERTY, CHAPTER 5 PARKS AND 1. All members must be qualified by RECREATION, ARTICLE A ADMINISTRA- their knowledge, experience, and TION, SECTION 10-5A-2 PARK AND REC- Page 293 of 1311 Book 154 Regular Session, June 17, 2024 207 REATION ADVISORY COMMISSION ORDINANCE NO. 38-24 NOW, THEREFORE, BE IT ORDAINED AMENDING CITY OF DUBUQUE CODE OF BY THE CITY COUNCIL OF THE CITY OF ORDINANCES TITLE 2 BOARDS AND DUBUQUE, IA.: COMMISSIONS, CHAPTER 6 RESILIENT Section 1. Section 10-5A-2 of the City of COMMUNITY ADVISORY COMMISSION Dubuque Code of Ordinances is hereby NOW, THEREFORE, BE IT ORDAINED amended to read as follows: BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: E. Membership: The commission compris- Section 1. Title 2, Chapter 6 of the City of es seven (7) residents of the City, ap- Dubuque Code of Ordinances is hereby pointed by the City Council. amended to read as follows: F. Oath: Each person, upon appointment to .... the commission, must execute an oath of 2-6-6: OATH: Each person, upon appoint - office at the first meeting of the commis- ment to the commission, must execute sion following the appointment or at the an oath of office at the first meeting of the City Clerk's Office any time prior to the commission following the appointment or first meeting of the commission. at the city clerk's office any time prior to .... the first meeting of the commission. J. Meetings: 2-6-7: TERMS: The term of office for com- 1. Regular Meetings: The commission missioners is three (3) years or until such must meet not less than bi-monthly. commissioner's successor is appointed 2. Special Meetings: Special meetings and qualified. The terms of the cross rep - may be called by the Chairperson or at resentatives appointed from the arts and the written request of a majority of the cultural affairs advisory commission, Cat - Commissioners. fish Creek Watershed management au- 3. Open Meetings: All meetings must be thority, community development advisory called and held in conformance with the commission, historic preservation com- Iowa Open Meetings Law. mission, housing commission, human 4. Attendance: rights commission, long range planning a. In the event a Commissioner has advisory commission, park and recrea- been absent for three (3) or more tion advisory commission, transit adviso- consecutive meetings of the commis- ry board, and/or zoning advisory com- sion, without being excused by the mission must coincide with their terms on Chairperson, such absence will be the resilient community advisory com- grounds for the commission to rec- mission. ommend to the City Council that the .... position be declared vacant and a re- 2-6-10: MEETINGS: placement appointed. A. Regular Meetings: The commission b. Attendance must be entered upon generally meets monthly. When there is the minutes of all meetings. no business, there is no obligation to 5. Minutes: A copy of the minutes of all meet. regular and special meetings of the B. Special Meetings: Special meetings commission must be filed with the City may be called by the chairperson or at Council within ten (10) working days af- the written request of a majority of the ter approval by the commission, or by commissioners. the next regularly scheduled City C. Open Meetings: All meetings must be Council meeting, whichever is later. called and held in conformance with the 6. Quorum: Four (4) Commissioners con- Iowa open meetings law. stitute a quorum for the transaction of D. Attendance: business. The affirmative vote of a ma- 1. In the event a commissioner has jority of the Commissioners present been absent for three (3) or more and voting is necessary for the adop- consecutive meetings of the commis- tion of any motion or resolution. sion, without being excused by the chairperson, such absence will be Section 2. This ordinance shall take effect grounds for the commission to rec- July 1, 2024. ommend to the city council that the Passed, approved, and adopted this 17th position be declared vacant and a re - day of June 2024. placement appointed. Brad Cavanagh, Mayor 2. Attendance must be entered upon Attest: Adrienne Breitfelder, City Clerk the minutes of all meetings. E. Minutes: A copy of the minutes of all regular and special meetings of the commission must be filed with the city Page 294 of 1311 Book 154 Regular Session, June 17, 2024 208 council within ten (10) working days af- cil within ten (10) working days after ter approval by the commission, or by approval by the board, or by the next the next regularly scheduled city coun- regularly scheduled City Council meet- cil meeting, whichever is later. ing, whichever is later. F. Quorum: Five (5) commissioners con- F. Quorum: Three (3) members of the stitute a quorum for the transaction of board constitute a quorum for the business. The affirmative vote of a ma- transaction of business. The affirmative jority of the commissioners present and vote of a majority of the members pre - voting is necessary for the adoption of sent and voting is necessary for the any motion or resolution. adoption of any motion or resolution. Section 2. This ordinance shall take effect Section 2. This ordinance shall take effect July 1, 2024. July 1, 2024. Passed, approved, and adopted this 17t' Passed, approved, and adopted this 17th day of June 2024. day of June 2024. Brad Cavanagh, Mayor Brad Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk Attest: Adrienne Breitfelder, City Clerk ORDINANCE NO. 39-24 ORDINANCE NO. 40-24 AMENDING CITY OF DUBUQUE CODE OF AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 5 TRANSIT SYSTEM, ORDINANCES TITLE 16 UNIFIED DEVEL- CHAPTER 1 TRANSIT ADVISORY BOARD OPMENT CODE, CHAPTER 9 ZONING AD - NOW, THEREFORE, BE IT ORDAINED VISORY COMMISSION APPLICATIONS AND BY THE CITY COUNCIL OF THE CITY OF PROCEDURES, SECTION 16-9-1 ZONING DUBUQUE, IA.: ADVISORY COMMISSION Section 1. Title 5, Chapter 1 of the City of NOW, THEREFORE, BE IT ORDAINED Dubuque Code of Ordinances is hereby BY THE CITY COUNCIL OF THE CITY OF amended to read as follows: DUBUQUE, IA.: .... Section 1. Section 16-9-1 of the City of 5-1-6: OATH: Each person, upon appoint- Dubuque Code of Ordinances is hereby ment to the board, must execute an oath amended to read as follows: of office at the first meeting of the board .... following the appointment or at the City E. Membership: Clerk's Office any time prior to the first 1. Number Of Commissioners: The meeting of the board. commission comprises seven (7) resi- .... dents of the city, appointed by the city 5-1-10: MEETINGS: council. A. Regular Meetings: The board will meet 2. Qualifications: bimonthly, September through May, a. Members must be qualified by meeting no less than four (4) times per knowledge, experience, and ability to year. act in matters pertaining to short B. Special Meetings: Special meetings range planning and zoning, none of may be called by the Chairperson or at whom hold an elective position in the the written request of a majority of the city. members. b. Two (2) members of the zoning advi- C. Open Meetings: All meetings must be sory commission must be selected by called and held in conformance with the the city council to serve on the airport Iowa Open Meetings Law. zoning advisory commission. D. Attendance: F. Oath: Each person, upon appointment 1. In the event a member of the board to the commission, must execute an has been absent for three (3) or more oath of office at the first meeting of the consecutive meetings of the board, commission or at the city clerk's office without being excused by the Chair- any time prior to the first meeting of the person, such absence will be grounds commission. for the board to recommend to the .... City Council that the position be de- J. Meetings: clared vacant and a replacement ap- 1. Meetings: Meetings may be called by pointed. the Chairperson or at the written re- 2. Attendance must be entered upon quest of a majority of the Commis - the minutes of all meetings. sioners. E. Minutes: A copy of the minutes of all 2. Open Meetings: All meetings must regular and special meetings of the be called and held in conformance board must be filed with the City Coun- with the Iowa Open Meetings Law. Page 295 of 1311 Book 154 Regular Session, June 17, 2024 209 3. Attendance: lic at large and must not be involved in a. In the event a Commissioner has the business of purchasing or selling been absent for three (3) or more real estate. consecutive meetings of the com- F. Oath: Each person, upon appointment to mission, without being excused by the board, must execute an oath of office the Chairperson, such absence will at the first meeting of the board following be grounds for the commission to the appointment or at the city clerk's of - recommend to the City Council that fice any time prior to the first meeting of the position be declared vacant and the board. a replacement appointed. .... b. Attendance must be entered upon J. Meetings: the minutes of all meetings. 1. Meetings: Meetings may be called by 4. Minutes: A copy of the minutes of all the chairperson or at the written re - regular and special meetings of the quest of a majority of the members. commission must be filed with the 2. Open Meetings: All meetings must be City Council within ten (10) working called and held in conformance with the days after approval by the commis- Iowa open meetings law. sion, or by the next regularly sched- 3. Attendance: uled City Council meeting, whichever a. In the event a member of the board is later. has been absent for three (3) or more 5. Quorum: Four (4) Commissioners consecutive meetings of the board, constitute a quorum for the transac- without being excused by the chair- tion of business. The affirmative vote person, such absence will be grounds of a majority of the Commissioners for the board to recommend to the present and voting is necessary for city council that the position be de - the adoption of any motion or resolu- clared vacant and a replacement ap- tion. pointed. b. Attendance must be entered upon L. Removal: The City Council may remove the minutes of all meetings. any Commissioner for cause upon written 4. Minutes: A copy of the minutes of all charges and after a public hearing. regular and special meetings of the board must be filed with the city council Section 2. This ordinance shall take effect within ten (10) working days after ap- July 1, 2024. proval by the board, or by the next reg- Passed, approved, and adopted this 17th ularly scheduled city council meeting, day of June 2024. whichever is later. Brad Cavanagh, Mayor 5. Quorum: The concurring vote of three Attest: Adrienne Breitfelder, City Clerk (3) members of the board is necessary to reverse any order, requirement, de - ORDINANCE NO. 41-24 cision, or determination of any such AMENDING CITY OF DUBUQUE CODE OF administrative official, or to decide in ORDINANCES TITLE 16 UNIFIED DEVEL- favor of the applicant on any matter OPMENT CODE, CHAPTER 8 ZONING upon which it is required to pass under BOARD OF ADJUSTMENT APPLICATIONS any such ordinance or to affect any var- AND PROCEDURES, SECTION 16-8-1 ZON- iation in such ordinance. ING BOARD OF ADJUSTMENT NOW, THEREFORE, BE IT ORDAINED Section 2. This ordinance shall take effect BY THE CITY COUNCIL OF THE CITY OF July 1, 2024. DUBUQUE, IA.: Passed, approved, and adopted this 17th Section 1. Section 16-8-1 of the City of day of June 2024. Dubuque Code of Ordinances is hereby Brad Cavanagh, Mayor amended to read as follows: Attest: Adrienne Breitfelder, City Clerk E. Membership: 13. Work Session Request: Central Ave- 1. The board comprises five (5) residents nue & White Street Corridor Traffic Study: Mo- of the city, appointed by the city coun- tion by Sprank to receive and file the docu- cil. ments and schedule the work session for July 2. Two (2) members from the board must 1, 2024, at 5:30 p.m. Seconded by Resnick. be selected by the city council as cross Motion carried 7-0. representatives to the airport zoning board of adjustment. 3. A majority of the members of the board must be persons representing the pub - Page 296 of 1311 210 Special Session, June 18, 2024 Book 154 COUNCIL MEMBER REPORTS Council Member Sprank reported on the upcoming event at Audubon Elementary to unveil a new sculpture made from old Comis- key Park playground equipment. Council Member Farber reported on at- tending the National League of Cities (NLC) summer board meeting. Council Member Resnick reported on the bear recently sited in Dubuque. Council Member Roussell reported on the Juneteenth celebration and the Dog Expo. Council member Wethal also reported on the Juneteenth celebration and GDDC's Talent Dubuque Luncheon. Council Member Jones reported on gather- ing with a group of Marine veterans and former Dubuque Mayor Walt Pregler, during which they visited the bell from the USS Dubuque. Mr. Jones also reported on ribbon cuttings for the Telegraph Herald building and the new sculpture outside Carnegie Stout Public Li- brary. Mayor Cavanagh reported on his recent presentation on the SMART Grant the city received for the STREETS Program. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 10:03 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 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 11:01 p.m. stating that staff had been given proper direction. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 11:01 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 June 18, 2024, in Con- ference Room A of City Hall, 50 W. 13th Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attorney Brumwell. Mayor Cavanagh read the call and stated this is a special session of the City Council called for the purpose of conducting a closed session pursuant to Iowa Code Chapter 21.5. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 5:31 p.m. to discuss Professional Eval- uation(s) — Chapter 21.5(1)(i) Code of Iowa. Seconded by Farber. Motion carried 7-0. The City Council reconvened in open ses- sion at 9:16 p.m. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 9:16 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk Page 297 of 1311 211 Special and Regular Sessions, July 1, 2024 Book 154 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 1, 2024, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6m Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen (attended virtually and joined at 5:34 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 Central Avenue and White Street Corridor Traffic Study. WORK SESSION Central Avenue and White Street Corridor Traffic Study Traffic Engineer Justine Hull introduced Bolton & Menk, Inc. Senior Traffic Engineer Jennifer McCoy and Senior Urban Designer Andrew Dresdner who presented on stake- holder outreach, vision/goals, existing condi- tions results and concepts that are being con- sidered for the Central Avenue and White Street corridor. In response to a City Council question, Ms. McCoy stated that a pop-up open house is scheduled for an upcoming Dubuque Farmer's Market, with a traditional open house planned for the fall. Ms. McCoy further stated that three alternate parking plans will be developed for analysis and various de- sign elements will be considered to encourage drivers to reduce speeds. Mr. Dresdner sum- marized input provided by trucking companies and potential parking options. City Council Members stressed that no decisions have been finalized and that discussions will contin- ue. Concerns about parking availability and location, crash data, and crime perceptions were also expressed. 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 July 1, 2024, 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 (attended virtually), City Attorney Brumwell. Mayor Cavanagh read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE CONSENT ITEMS Council Member Jones 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 Farber. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of June 17 and June 18, 2024; Civil Service Commission of June 12, 2024; Equity and Human Rights Commission of April 9, 2024; Five Flags Civic Center Commission of March 4, 2024; Library Board of Trustees Council Update of May 23, 2024; Proof of Publication for City Council Proceed- ings of May 29, 2024. Upon motion the docu- ments were received and filed. 2. Approval of City Expenditures: Upon motion the documents were received and filed, and Resolution No. 207-24 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. 207-24 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, Page 298 of 1311 Book 154 Regular Session, July 1, 2024 212 or property, specifying date, to whom, and from what fund paid; and Whereas, the invoices, presented by those firms and persons providing such goods and services have been pre -audited by Finance Department personnel in accordance with generally accepted internal control procedures and have been determined to have been req- uisitioned for a lawful municipal purpose; and Whereas, the Chief Financial Officer -City Treasurer has provided a list of Expenditures attached hereto, and by this reference made a part hereof, to be drawn to pay for goods and services provided for City purposes; and Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142-18 adopted May 7, 2018, authorized the Chief Financial Officer -City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. 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 Financial Officer are hereby authorized and directed to provide the statement of receipts and disbursements to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 1st day of July 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. FY 2025 Arts & Culture Operating Sup- port & Capacity Building Grants Funding Rec- ommendation: Upon motion the documents were received, filed, and concurred. 4. Approving Fund Transfers for Capital Projects and Other Expense Reimbursements in Fiscal Year 2024 — Period 13: Upon motion the documents were received and filed, and Resolution No. 208-24 Authorizing the Chief Financial Officer to make the Appropriate Inter - fund Transfers of Sums and Record the Same in the Appropriate Manner for the FY 2024 for the City of Dubuque, IA. was adopted. RESOLUTION NO. 208-24 AUTHORIZING THE CHIEF FINANCIAL OF- FICER TO MAKE THE APPROPRIATE IN- TERFUND TRANSFERS OF SUMS AND RECORD THE SAME IN THE APPROPRI- ATE MANNER FOR THE FY 2024 FOR THE CITY OF DUBUQUE, IA. Whereas, Iowa Administrative Rules Code Section 545-2.5(5) implements Iowa Code Section 384.18 and provides that the City Council shall approve all transfers of moneys from one budgeted fund to another budgeted fund as provided in Iowa Administrative Rules Code Section 545-2.5(5). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. Authorize the Chief Financial Of- ficer to Transfer Funds. That the Chief Finan- cial Officer be and is hereby authorized by the City Council to make the appropriate interfund transfer of sums and record the same in the appropriate manner for FY 2024. Section 2. Transfer of Funds. That the Chief Financial Officer will transfer the follow- ing sums and to record the same in the appro- priate manner: 1. Transfer from General Fund to the Section 8 Fund $241,775.00 for the deficit related to HUD administrative funding. 2. Transfer from General Fund to Transit Fund $1,682,830.00 for the Transit Levy and reimbursement of the down- town shuttle. 3. Transfer from the Tort Liability Fund to the General Fund $386,860.42 for the cost of liability insurance. 4. Transfer from the Trust & Agency Fund to the General Fund $2,565,939.25 for the cost of employee benefits. 5. Transfer from the Dubuque Industrial Center Tax Increment Financing Fund to the General Fund $273,456.95 for the reimbursement of Tax Increment Financing eligible expenses. 6. Transfer from the Greater Downtown Tax Increment Financing Fund to the General Fund $144,807.75 for the re- imbursement of Tax Increment Financ- ing eligible expenses. 7. Transfer from Dubuque Industrial Cen- ter TIF fund to the General Construc- tion Fund $371,500.00 for Tax Incre- ment financing eligible construction projects. 8. Transfer from Greater Downtown TIF Fund to Parking Operations Fund $489,525.00 for debt service on down- town ramps. 9. Transfer from Greater Downtown TIF Fund to Housing Trust Fund $53,169.00 for reimbursement of Tax Increment Financing eligible construc- tion projects. Page 299 of 1311 Book 154 Regular Session, July 1, 2024 213 10. Transfer from Sanitary Sewer Operat- half rate for income qualified. ing Fund to General Fund $1,980,288.00 29. Transfer from the General Fund to the for recharge of administrative overhead. Refuse Fund $919,047.00 for reim- 11. Transfer from Sanitary Sewer Operat- bursement of 50% rate reduction and im- ing Fund to Sanitary Sewer Capital Fund plementation of city-wide tipper carts. $1,946,760.00 for capital construction. 30. Transfer from the General Fund to the 12. Transfer from Stormwater Operating Sanitary Sewer Operating Fund Fund to General Fund $1,192,164 for re- $32.000.00 for reimbursement of 50% charge of administrative overhead. rate reduction. 13. Transfer from Stormwater Operating 31. Transfer from the General Fund to the Fund to Stormwater Construction Fund Water Operating Fund $25.000.00 for re- $400,000.00 for capital construction. imbursement of 50% rate reduction. 14. Transfer from Parking Operating Fund 32. Transfer from the Greater Downtown to General Fund $254,963.00 for re- Tax Increment Financing Fund to the charge of administrative overhead. Parking Operating Fund $2,011,000. for 15. Transfer from Water Operating Fund to the reimbursement of Tax Increment Fi- General Fund $1,512,215.00 for re- nancing eligible debt service expenses. charge of administrative overhead. 33. Transfer from the Greater Downtown 16. Transfer from Water Operating Fund to Tax Increment Financing Fund to the Water Construction Fund $1,000,000.00 Transit Enterprise Fund $281,700.00 for for capital construction. the reimbursement of Tax Increment Fi- 17. Transfer from Refuse Operating Fund nancing eligible debt service expenses. to General Fund $1,508,564.00 for re- 34. Transfer from the Sales Tax Special charge of administrative overhead. Revenue Fund to the Transit Enterprise 18. Transfer from Refuse Operating Fund Fund $69,008.00 for the reimbursement to Refuse Construction Fund of debt service expenses. $471,760.00 for capital construction. 35. Transfer from the Greater Downtown 19. Transfer from Landfill Fund to General Tax Increment Financing Fund to the Fund $524,622.00 for recharge of admin- Downtown Loan Pool Fund $300,000.00 istrative overhead. for the reimbursement of Tax Increment 20. Transfer from General Fund to the Financing eligible expenses. Debt Service Fund $136,241.89 for an- 36. Transfer from the General Fund to the nual debt service payments. Refuse Capital Fund $95,339.00 for the 21. Transfer from Dubuque Industrial Cen- reimbursement of tipper cart expenses. ter Tax Increment Financing Fund to the 37. Transfer from the North Cascade TIF Debt Service Fund $792,264.50 for an- Fund to the General Fund $816.44 for nual debt service payments. the reimbursement of Tax Increment Fi- 22. Transfer from Greater Downtown Tax nancing eligible expenses. Increment Financing Fund to the Debt 38. Transfer from Stormwater Capital Fund Service Fund $1,896,516.00 for annual to General Fund $37,967.00 for capital debt service payments. construction. 23. Transfer from Road Use Tax Special 39. Transfer from General Fund to Storm - Revenue Fund to the Debt Service Fund water Capital Fund $15,174.00 for capital $67,000.00 for annual debt service pay- construction. ments. 40. Transfer from General Fund to DRA 24. Transfer from Street Construction Fund Gaming Fund $280.00 for capital con - to the Debt Service Fund $226,033.00 for struction. annual debt service payments. 41. Transfer from Stormwater Capital Fund 25. Transfer from Sales Tax Increment to Road Use Tax Fund $15,903.00 for Special Revenue Fund to the Debt Ser- capital construction. vice Fund $5,637,759.69 for annual debt 42. Transfer from Stormwater Capital Fund service payments. to Sanitary Sewer Construction Fund 26. Transfer from Sales Tax Construction $230,000.00 for capital construction. Fund to the Debt Service Fund 43. Transfer from Road Use Tax Fund to $923,932.55 for annual debt service Stormwater Construction Fund payments. $92,093.00 for capital construction. 27. Transfer from Passenger Facility Fund 44. Transfer from DRA Distribution Fund to to the Debt Service Fund $176,909.50 for Garage Service Fund $31,073.00 for annual debt service payments. capital construction. 28. Transfer from Sales Tax Construction Passed, approved and adopted this 1st day Fund to the Stormwater Operating Fund of July 2024. $442,290.00. for stormwater subsidies Brad M. Cavanagh, Mayor related to tax exempt entities, farms, and Attest: Adrienne N. Breitfelder, City Clerk Page 300 of 1311 Book 154 Regular Session, July 1, 2024 214 5. Multicultural Family Center Board Re- ceives Iowa Governor's Volunteer Award: Up- on motion the documents were received and filed. 6. Seippel Road Water Main Lowering Pro- ject Award: Upon motion the documents were received and filed, and Resolution No. 209-24 Awarding Public Improvement Contract for the Seippel Road Water Main Lowering Project was adopted. RESOLUTION NO. 209-24 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE SEIPPEL ROAD WATER MAIN LOWERING PROJECT Whereas, sealed proposals have been submitted by contractors for the Seippel Road Water Main Lowering Project, (the Project) pursuant to Resolution No. 167-24 and Notice to Bidders published on the City of Dubuque, IA. website and plan room service with statewide circulation on the 7th day of June 2024; and Whereas, said sealed proposals were opened and read on the 20th day of June 2024 and it has been determined that Top Grade Excavating of Farley, Iowa, in the bid amount of $186,275.20, is the lowest responsive, re- sponsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That a Public Improvement Con- tract for the Project is hereby awarded to Top Grade Excavating and the City Manager is hereby directed to execute a Public Improve- ment Contract on behalf of the City of Dubu- que for the Project. Passed, approved, and adopted this 1st day of July 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 7. Walmart, Inc. and Wal-Mart Real Estate Business Trust 2023 Property Tax Appeal Stipulation of Settlement Approval: Senior Counsel recommended approval of the Stipu- lation of Settlement for a 2023 property tax appeal filed by Walmart, Inc. and Wal-Mart Real Estate Business Trust for their property located at Parcel No. 1028352901. Upon mo- tion the documents were received, filed, and approved. 8. Walmart, Inc. and Sam's Real Estate Business Trust 2023 Property Tax Appeal Stipulation of Settlement Approval: Senior Counsel recommended approval of the Stipu- lation of Settlement for a 2023 property tax appeal filed by Walmart, Inc. and Sam's Real Estate Business Trust for their property locat- ed at 4400 Asbury Road. Upon motion the documents were received, filed, and approved. 9. J & M Fireworks Permit Request: City Manager recommended approval of a Fire- works Permit for a private fireworks display at Dubuque Golf and Country Club on July 12, 2024. Upon motion the documents were re- ceived, filed, and approved. 10. Q Casino and Beartooth Fireworks Permit Request: City Manager recommended approval of a Pyrotechnics Permit to use pyro- technics at the Beartooth music performance at the Q Casino on July 18, 2024. Upon motion the documents were received, filed, and ap- proved. 11. Letter of Support for Crescent Commu- nity Health Center: City Manager provided a copy of a letter of support on behalf of the City of Dubuque in support of the Crescent Com- munity Health Center's (Crescent's) proposal for the HRSA grant opportunity for Expanded Hours. Upon motion the documents were re- ceived, filed, and approved. 12. Approve FY25 Four Mounds Founda- tion Community Development Block Grant Agreement: Upon motion the documents were received, filed, and approved. 13. Iowa Health and Human Services (Io- wa HHS) Childhood Lead Poisoning and Healthy Homes Funding and Agreement with the Visiting Nurse Association (VNA) and the Dubuque County Board of Health: Upon mo- tion the documents were received, filed, and approved. 14. Bee Branch Stormwater Pumping Sta- tion (Phase IV of the Bee Branch Watershed Flood Mitigation Project #5586500007 FEMA PDM Grant: Upon motion the documents were received and filed, and Resolution No. 210-24 Approving a Federal Emergency Management Agency Pre -Disaster Mitigation Grant Applica- tion Construction of the Dubuque Flood Mitiga- tion Gates and Pumps Project and Establish- ing Authorized City Representatives as Re- quired to Submit the Application and Resolu- tion No. 211-24 Local Match for Hazard Mitiga- tion Assistance Program were adopted. RESOLUTION NO. 210-24 APPROVING A FEDERAL EMERGENCY MANAGEMENT AGENCY PRE -DISASTER MITIGATION GRANT APPLICATION CON- STRUCTION OF THE DUBUQUE FLOOD MITIGATION GATES AND PUMPS PRO- JECT AND ESTABLISHING AUTHORIZED CITY REPRESENTATIVES AS REQUIRED Page 301 of 1311 Book 154 Regular Session, July 1, 2024 215 TO SUBMIT THE APPLICATION Whereas, the City Council of the City of Dubuque, IA. wishes to apply for a Federal Emergency Management Agency (FEMA) pre - disaster mitigation grant program for the con- struction of a new stormwater pumping station at the 16th Street Detention Basin, and Whereas, the City Council, in support of the application for $8,000,000.00 in grant fund- ing, must pledge a local match estimated at $18,609,820 toward the activity as identified in the application, and Whereas, the City must establish author- ized representatives in order to complete and submit grant application documents. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. Approves the application for FEMA Pre -disaster Mitigation grant funding. Section 2. Authorizes the establishment of Chief Financial Officer Jennifer Larson and Water & Resource Recovery Center Director Deron Muehring as authorized representatives to prepare and submit the grant application. Passed, approved, and adopted this 1st day of July 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 211-24 LOCAL MATCH FOR THE HAZARD MITI- GATION ASSISTANCE PROGRAM Whereas, the city of Dubuque (hereinafter called "the Subrecipient"), County of Dubuque, has made applications through the Iowa De- partment Homeland Security and Emergency Management (HSEMD) to the Federal Emer- gency Management agency (FEMA) for fund- ing from the Hazard Mitigation Assistance Program, in the amount of $7,900,000 for the total project cost: and Whereas, the sub recipient recognizes the fact that this grant is based on a cost share basis with the federal share not exceeding 75%, the state share not exceeding 10%, and the local share being a minimum of 15% local share can be either cash or in -kind match: and therefore, the subrecipient agrees to pro- vide and make available up to $18,619,820 (eighteen million five hundred nine thousand eight hundred twenty dollars) of local monies to be used to meet the minimum local match requirement for this mitigation grant application Passed, approved, and adopted this 1st day of July 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 15. East-West Corridor Capacity Improve- ments Professional Consultant Services Con- tract - Supplemental Agreement No. 2 Prelimi- nary Engineering Design and Environmental Clearance Phase Iowa DOT Project No. STBG-SWAP-2100 (698)--SG-31: Upon mo- tion the documents were received and filed, and Resolution No. 212-24 Approving the Consultant Professional Services - Supple- mental Agreement No. 2 Between HDR Inc. and the City of Dubuque for the East-West Corridor Capacity Improvements was adopted. RESOLUTION NO. 212-24 APPROVING THE CONSULTANT PROFES- SIONAL SERVICES -SUPPLEMENTAL AGREEMENT NO. 2 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 Im- provements; and Whereas, based on Environmental Phase 1 work completed to -date to evaluate cultural resources and section 106 historic properties within the project corridor, the State Historical Preservation Office has directed the Phase 1 study area be expanded; and Whereas, to comply with NEPA regulatory requirements, supplemental architectural in- vestigation survey shall be completed within the expanded study area; and Whereas, the Consultant Professional Ser- vices - Supplemental Agreement No.1 author- izes HDR to perform supplemental Phase 1 architectural investigation survey to complete the Preliminary Engineering Design and Envi- ronmental Clearance Phase to advance the development of East-West Corridor Capacity Improvements. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That said Consultant Profes- sional Services - Supplemental Agreement No. 2 between HDR, Inc. and the City of Dubuque is hereby approved, subject to the concurrence of the Iowa Department of Transportation. Section 2. That the City Manager is author- ized and directed to execute said Consultant Professional Services - Supplemental Agree- ment No. 2 with HDR, Inc. for the East-West Corridor Capacity Improvements. Passed, approved, and adopted this 15t day of July 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, CMC City Clerk 16. East-West Corridor Capacity Improve- ments Approve Amended Federal -Aid SWAP Funding Agreement Iowa DOT Project Iowa DOT Agreement: Upon motion the documents were received and filed, and Resolution No.:213-24 Approving an Amended Federal - Aid Swap Funding Agreement (6-19-STBG- SWAP-040-A) with the Iowa Department of Page 302 of 1311 Book 154 Regular Session, July 1, 2024 216 Transportation for the Development and Ad- vancement of East-West Corridor Capacity Improvements was adopted. RESOLUTION NO. 213-24 APPROVING AN AMENDED FEDERAL -AID SWAP FUNDING AGREEMENT (6-19-STBG- SWAP-040-A) WITH THE IOWA DEPART- MENT OF TRANSPORTATION FOR THE DEVELOPMENT AND ADVANCEMENT OF EAST -WEST CORRIDOR CAPACITY IM- PROVEMENTS Whereas, the City of Dubuque is proceed- ing with East-West Corridor Capacity Im- provements; and Whereas, the original Federal -Aid SWAP Funding Agreement (Agreement No. 6-19- STBG-SWAP-039) was approved and execut- ed on December 20, 2019, between the City and the Iowa DOT; and Whereas, the Amended Federal -Aid SWAP Funding Agreement (Agreement No. 6-19- STBG-SWAP-040-A) provides clarification on what are eligible costs (only preliminary design and environmental) utilizing the SWAP funding allocation; and Whereas, the Amended Agreement also revises the eligible funding amount from the original $7,560,000, to the amended amount of $1,190,175, which is the amount of the current HDR, Inc. Consultant Professional Services Contract. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA., THAT: Section 1. That said Amended Federal -Aid SWAP Funding Agreement (Agreement No. 6- 19-STBG-SWAP-040-A) with the Iowa De- partment of Transportation for the develop- ment and advancement of East-West Corridor Capacity Improvements is hereby approved. Section 2. That the Mayor is authorized and directed to execute said Amended Feder- al -Aid SWAP Funding Agreement (Agreement No. 6-19-STBG-SWAP-040-A) with the Iowa Department of Transportation for the develop- ment and advancement of East-West Corridor Capacity Improvements. Passed, approved, and adopted this 1st day of July 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 17. Accepting Grant of Permanent Em- bankment Easement across Rockdale Church Property off Old Mill Road in Dubuque as Part of Phase One of the Old Mill Road Lift Station Project: Upon motion the documents were received and filed, and Resolution No. 214-24 Accepting a Grant of Permanent Embankment Easement through, under and across Part of Lot 1 of the Subdivision of Mineral Lot 513, Lot 1 of Lot 1 of Mineral Lot 507, and "Grave Yard Lot", in the City of Dubuque, IA. was adopted. RESOLUTION NO. 214-24 ACCEPTING A GRANT OF PERMANENT EMBANKMENT EASEMENT THROUGH, UNDER AND ACROSS PART OF LOT 1 OF THE SUBDIVISION OF MINERAL LOT 513, LOT 1 OF LOT 1 OF MINERAL LOT 507, AND "GRAVEYARD LOT", IN THE CITY OF DUBUQUE, IA. Whereas, as property owner, Rockdale Church has executed a Grant Easement of Permanent Embankment Easement through, under and across Part of Lot 1 of the Subdivi- sion of Mineral Lot 513, Lot 1 of Lot 1 of Min- eral Lot 507, and "Graveyard Lot", in the City of Dubuque, IA.; and Whereas, as contract purchaser, Rockdale, LLC has consented to a Grant Easement of Permanent Embankment Easement through, under and across Part of Lot 1 of the Subdivi- sion of Mineral Lot 513, Lot 1 of Lot 1 of Min- eral Lot 507, and "Graveyard Lot", in the City of Dubuque, IA. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The City Council of the City of Dubuque, IA., hereby approves of, accepts and consents to the Grant Easement of Per- manent Embankment Easement through, un- der and across Part of Lot 1 of the Subdivision of Mineral Lot 513, Lot 1 of Lot 1 of Mineral Lot 507, and "Grave Yard Lot", in the City of Dubuque, IA. from Rockdale Church, a copy of which is attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 1st of July 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 18. Accepting the Grant of Easements from Rabbit Hollow Nature Conservancy, Inc.: Upon motion the documents were received and filed, and Resolution No. 215-24 Accepting the Grant of Easements from Rabbit Hollow Na- ture Conservancy, Inc. was adopted. RESOLUTION NO. 215-24 ACCEPTING THE GRANTS OF EASE- MENTS FROM RABBIT HOLLOW NATURE CONSERVANCY, INC. Whereas, the City of Dubuque, IA. and Rabbit Hollow Nature Conservancy, Inc. en- tered into an Agreement for grant of easement for sanitary sewer utility and sanitary sewer access dated the 17th day of June 2024 for the Page 303 of 1311 Book 154 Regular Session, July 1, 2024 217 following described real property: Parts of Lot A of Old Mill Subdivision No. 3 and Lot 2 of McNamer Acres #4, in the City of Dubuque, IA., as shown on Exhibit A attached hereto and by reference made a part hereof; Parts of Lot 2 of Rabbit Hollow Place and Lot 1 of Rabbit Hollow Place # 2, in the City of Dubuque, IA., as shown on Exhibit B attached hereto and by reference made a part hereof; Parts of Lot 2 of Rabbit Hollow Place # 2, in the City of Dubuque, IA., as shown on Exhibit C attached hereto and by refer- ence made a part hereof; Parts of Lot 2 of Rabbit Hollow Place and Lot 1 of Rabbit Hollow Place # 2 and Lot 1 of Rabbit Hollow Place # 7, in the City of Dubuque, IA., as shown on Exhibit D attached hereto and by reference made a part hereof; Parts of Lots 1, 2, 3, and 4 of Faldorf- Dockal Woodland Preserve, in the City of Dubuque, IA., as shown on Exhibit E at- tached hereto and by reference made a part hereof; and Whereas, the terms of the Agreement have been fulfilled. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. AS FOLLOWS: Section 1. The Grants of Easements at- tached hereto are hereby accepted. Section 2. The City Clerk is hereby author- ized and authorized and directed to record the Grants of Easements with the Dubuque Coun- ty Recorder. Passed, approved and adopted this 1st day of July 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 19. Purchase Agreement between the City of Dubuque, Rabbit Hollow Nature Conservan- cy, Inc. and Iowa Natural Heritage Foundation - Accepting the Warranty Deed: Upon motion the documents were received and filed, and Resolution No. 216-24 Accepting the Deed from Rabbit Hollow Nature Conservancy, Inc. to Certain Real Estate in Dubuque County, IA. was adopted. RESOLUTION NO. 216-24 ACCEPTING THE DEED FROM RABBIT HOLLOW NATURE CONSERVANCY, INC. TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IA. Whereas, Rabbit Hollow Nature Conserv- ancy, Inc. (Rabbit Hollow) is the owner of the following described real property: Lot 2 of Lot 2 of Lot 1 of Mineral Lot 507, in the City of Dubuque, IA. (the Property); and Whereas, City, Rabbit Hollow and Iowa Natural Heritage Foundation entered into a Purchase Agreement for the Property; and Whereas, the terms of the Purchase Agreement have been met and a Warranty Deed has been delivered to the City; and Whereas, the City Council finds that it is in the best interests of the City of Dubuque to accept the Warranty Deed from Rabbit Hollow. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE AS FOLLOWS: Section 1. The Warranty Deed from Rabbit Hollow Nature Conservancy, Inc. is hereby accepted. Section 2. The City Clerk is hereby author- ized and directed to record the Warranty Deed with the Dubuque County Recorder. Passed, approved and adopted this 1st day of July 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 20. Pickett Street Rehabilitation Award Re- cording Memo: Upon motion the documents were received and filed, and Resolution No. 217-24 Awarding Public Improvement Con- struction Contract for the Pickett Street Reha- bilitation Project was adopted. RESOLUTION NO. 217-24 AWARDING PUBLIC IMPROVEMENT CON- STRUCTION CONTRACT FOR THE PICKETT STREET REHABILITATION PRO- JECT Whereas, sealed informal bid proposals have been submitted by contractors for the Pickett Street Rehabilitation Project, (the Pro- ject) on the 13th day of June 2024; and Whereas, said sealed proposals were opened and read on the 13th day of June 2024 and it has been determined that Valentine Construction Co., LLC, of Dubuque, IA. sub- mitted the low bid in the amount of $60,000.00, and is the lowest responsive, responsible bid- der for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That a Public Improvement Construction Contract for the Project is hereby awarded to Valentine Construction Co., LLC 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 15t day of July 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk Page 304 of 1311 Book 154 Regular Session, July 1, 2024 218 21. Schmitt Island Sanitary Improvements Project Consulting Engineering Services [CIP# 5581500049]: City Manager recommended approval to negotiate and execute a contract with Strand Associates for engineering ser- vices for the design of the Schmitt Island Sani- tary Improvements Project with an appropria- tion amount of $218,380. Upon motion the documents were received, filed, and approved. 22. Request for City Council Ratification of Two Amendments to current Collective Bar- gaining Agreements (Teamsters Mixed and Teamsters (Bus Operators)): City Manager recommended ratification of the following Amendments to two of the existing un- ion/collective bargaining agreements (CBA's) which have been proposed to and have been ratified by the respective unions: 1. Second Amendment to Teamsters Local 120 (Mixed) [BU 0229 and BU 0503] July 1, 2022 through June 30, 2025 CBA replaces the current Arti- cle 19 — VACATIONS and 2. Third Amend- ment to Teamsters Local No. 120 Bus Opera- tors [BU 1158] July 1, 2022 through June 30, 2025 CBA amends Article 16 VACATIONS. Upon motion the documents were received, filed, and approved. 23. 3000 Jackson Dubuque Brewing and Malting Project Update: Motion by Jones to receive and file the documents. Seconded by Sprank. Alexis Steger, Director of Housing and Community Development, gave an update on the demolition progress, noting that a payment discrepancy has led to the contractor halting demolition work this week. City staff will con- tinue to issue citations to the developer until the contractor resumes work onsite, currently scheduled for next week. Ms. Steger stated that alternatives are being considered, includ- ing the city covering the cleanup costs and then recovering the funds through certain op- tions. City Manager Van Milligen added that it is not imminent that city funds will be used for the cleanup. City Council Members expressed frustration with the project's delay and their desire for the developer to continue receiving daily citations until demolition resumes. Motion carried 7-0. 24. Improvement Contracts / Performance, Payment and Maintenance Bonds: Eastern Iowa Excavating & Concrete, LLC for the North Grandview Avenue Pavement Rehabilitation Project - Phase 1. Upon motion the documents were received, filed, and approved. 25. Signed Contracts: Ostrom Painting & Sandblasting, Inc. for 2024 Pavement Marking Project. Upon motion the documents were received and filed. 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. Initiate Public Improvement Bidding Pro- cess and Set Public Hearing Jefferson Park Retaining Wall Project: Upon motion the doc- uments were received and filed and Resolution No. 218-24 Setting a Public Hearing for the Jefferson Park Retaining Wall Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 15, 2024, in the Historic Federal Building. RESOLUTION NO. 218-24 SETTING A PUBLIC HEARING FOR THE JEFFERSON PARK RETAINING WALL PROJECT Whereas, the City Council has designated funding for Jefferson Park Retaining Wall; and Whereas, plans and specifications have been prepared for the Jefferson Park Retain- ing Wall Project; and Whereas, the City desires to hold a public hearing on the proposed Jefferson Park Re- taining Wall Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. THAT: Section 1. That the City Council will meet in the Historic Federal Building, Council Chambers, 2nd Floor, 350 West 6th Street, Dubuque, IA. at 6:30 p.m. on July 15, 2024, for the purpose of holding a public hearing and taking action to approve the Jefferson Park Retaining Wall Project. 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 intent to review and approve the Jefferson Park Retaining Wall Project. Passed, approved, and adopted this 1st day of July 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Locust Street Parking Ramp Repairs Project - Initiate Public Bidding Process and Setting Date for Public Hearing Project: Upon motion the documents were received and filed and Resolution No. 219-24 Locust Street Park- ing Ramp Repairs Project; Preliminary Ap- proval of Plans, Specifications, Form of Con- tract, and Estimated Cost; Setting Date of Pub- lic 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 July 15, 2024 in the Historic Fed- eral Building. Page 305 of 1311 Book 154 Regular Session, July 1, 2024 219 RESOLUTION NO. 219-24 LOCUST STREET PARKING RAMP RE- PAIRS PROJECT - 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 ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The proposed plans, specifica- tions, form of contract and estimated cost for the Locust Street Parking Ramp Repairs Pro- ject, in the estimated construction cost amount of $250,000.00, 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 15th day of July, 2024, at 6:30 p.m. in the Historic Federal Building Council Chambers (and/or by virtual means) 350 W. 6th Street, Dubuque, IA., at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, IA., which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or esti- mated cost of the Project. Section 3. The Locust Street Parking Ramp Repairs Project is hereby ordered to be advertised for bids for construction. Section 4. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. Section 5. The City Engineer is hereby 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 contrac- tor plan room service with statewide circula- tion, 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 23rd day of July 2024. 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 Au- gust 2024, in the Historic Federal Building Council Chambers (and/or by virtual means) 350 West 6th Street, Dubuque, IA. Passed, adopted and approved this the 1st day of July 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Resolution of Necessity for the Pro- posed Urban Renewal Plan for the Mount Pleasant Place Housing Urban Renewal Area: Upon motion the documents were received and filed and Resolution No. 220-24 Resolu- tion of Necessity Finding that Certain Property in and Near Mount Pleasant Place Subdivision 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, IA., and Setting a Date for Hearing on a Proposed Urban Renewal Plan For Said District was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 5, 2024 in the Historic Federal Build- ing. RESOLUTION NO. 220-24 RESOLUTION OF NECESSITY FINDING THAT CERTAIN PROPERTY IN AND NEAR MOUNT PLEASANT PLACE SUBDIVISION 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, IA., AND SETTING A DATE FOR HEARING ON A PROPOSED URBAN RE- NEWAL PLAN FOR SAID DISTRICT Whereas, the City Council of the City of Dubuque has determined that the creation of the Mount Pleasant Place Housing Urban Re- newal Area will stimulate, through public in- volvement and commitment, private invest- ment in new housing and residential develop- ment as defined by Iowa Code 403.17(12), as described in the Urban Renewal Plan; and Whereas, the City Council has determined that the area described in Attachment A to this Resolution meets the definition of an Econom- ic Development — LMI Housing Area as de- fined in Chapter 403 "Urban Renewal" of the Iowa Code; and Whereas, a significant need for housing units exists in the community and local re- sources are needed to advance the develop- ment; and Whereas, Iowa Code Chapter 403 requires that before urban renewal authority may be exercised, a 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, IA.: Page 306 of 1311 Book 154 Regular Session, July 1, 2024 220 Section 1. That the proposed Mount Pleasant Place Housing Urban Renewal Area, generally described in Attachment A and At- tachment B to this Resolution, is an Economic Development — LMI Housing Area as defined by Chapter 403 of the Iowa Code, appropriate for public improvements related to housing and residential development and is appropriate for an urban renewal project. Section 2. That the development of the Mount Pleasant Place Housing Urban Renew- al Area is necessary and appropriate to facili- tate the proper growth and development of the community in accordance with sound planning and local community objectives. Section 3. That the development of this ar- ea will provide 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 Renew- al Plan for the Mount Pleasant Place Housing Urban Renewal Area, to forward said Plan to the City's Long Range Planning Commission for review and comment, and to begin the con- sultation 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 Mount Pleasant Place Housing Urban Renewal Area to be held on the 5th day of August 2024, at 6:30 p.m. in the form attached hereto. The notice of said hearing shall generally identify the areas covered by the proposed Urban Re- newal Plan 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 6. That the Economic Develop- ment Director is further directed to send by ordinary mail a copy of the proposed Urban Renewal Plan, the notice of public hearing, a notice of consultation, and, to the extent the Urban Renewal Plan includes the use of tax increment 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 1st day of July 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk BOARDS/COMMISSIONS Appointments were made to the following boards/commissions. 1. Arts and Cultural Affairs Advisory Com- mission: One, 3-Year term through June 30, 2027 (Expiring Business Professional term of Chesney). Applicants: Fraco Menchaca, 2685 Raven Oaks; and Nikkole Nutter, 305 Clarke Dr. Upon roll call vote, Mr. Menchaca was ap- pointed to the three-year term through June 30, 2027. Ms. Nutter received 2 votes (Resnick and Jones), and Mr. Menchaca received the remaining 5 votes. 2. Board of Library Trustees: One, 4-Year term through July 1, 2028 (Expiring term of Monk). Applicant: Christina Monk, 2770 Van Buren St. Motion by Jones to appoint Ms. Monk to the four-year term through July 1, 2028. Seconded by Farber. Motion carried 7-0. 3. Cable Television Commission: One, 3- Year term through July 1, 2027 (Expiring term of Tigges). Applicant: Jennifer Tigges, 4927 Wild Flower Dr. Motion by Roussell to appoint Ms. Tigges to the three-year term through July 1, 2027. Seconded by Wethal. Motion carried 7-0. 4. Civic Center Advisory Commission: Two, 3-Year terms through June 29, 2027 (Expiring terms of Jacobs and Parks). Applicants: Pamela Birch, 1910 Amelia Dr.; and Bryce Parks, 2770 Van Buren St. Motion by Jones to appoint Mr. Parks to the three-year term through June 29, 2027. Seconded by Wethal. Motion carried 7-0. No motion was made for the second term. 5. Equity and Human Rights Commission: Two, 3-Year terms through January 1, 2027 (Expired terms of Heiar and Link) and one, 3- Year term through January 1, 2025 (Vacant term of Anderson). Applicants: Rick Baum - hover, 601 Garfield Ave.; David Heiar, 805 Carriage Hill Dr.; Nikkole Nutter, 305 Clarke Dr.; Ashley Regan, 1100 N. Booth St.; and Luzelena Bravo, 781 Cottage PI. - Additional Applicant. Upon roll call vote, Mr. Heiar and Ms. Nutter were appointed to the two 3-year terms through January 1, 2027. Mr. Heiar re- ceived all 7 votes for the first term. For the second term, Ms. Nutter received 3 votes (Resnick, Jones, and Farber), with Mr. Baum - hover receiving 2 votes (Cavanagh and Sprank) and Ms. Bravo receiving the remain- ing 2 votes. Upon roll call vote, Mr. Baumhover was appointed to the 3-year term through Jan- uary 1, 2025. Ms. Bravo received 2 votes (Roussel) and Farber), and Mr. Baumhover received the remaining 5 votes. 6. Historic Preservation Commission: One, 3-Year term through July 1, 2027 (Expiring term of Gau). Applicant: Tim Gau, 2529 Page 307 of 1311 Book 154 Regular Session, July 1, 2024 221 Windsor Ave. Motion by Sprank to appoint Mr. Gau to the three-year term through July 1, 2027. Seconded by Roussell. Motion carried 7- 0. 7. Housing Appeals and Mediation Board: One, 3-Year term through January 1, 2027 (Vacant term of Spence). Applicant: January Tylor, 2828 Jackson St. Motion by Sprank to appoint Ms. Tylor to the three-year term through January 1, 2027. The motion failed due to lack of a second. 8. Investment Oversight Advisory Commis- sion: One, 3-Year term through July 1, 2027 (Expiring term of Valaskey). Applicant: Molly Valaskey, 1385 Alta Vista St. Motion by Wethal to appoint Ms. Valaskey to the three- year term through July 1, 2027. Seconded by Roussell. Motion carried 7-0. 9. Long Range Planning Advisory Com- mission: One, 3-Year term through July 1, 2027 (Expiring term of Stoffel). Applicant: Aa- ron Miller, 75 Fremont Ave. Motion by Jones to appoint Mr. Miller to the three-year term through July 1, 2027. Seconded by Farber. Motion carried 7-0. 10. Park and Recreation Advisory Com- mission: One, 3-Year term through June 30, 2027 (Expiring term of Tigges). Applicants: Tyler Dahlstrom, 1085 Vernon St.; and Jen- nifer Tigges, 4927 Wild Flower Dr. Upon roll call vote, Ms. Tigges was appointed to the three-year term through June 30, 2027. Mr. Dahlstrom received 1 vote (Roussell), and Ms. Tigges received the remaining 6 votes 11. Zoning Advisory Commission: One, 3- Year term through July 1, 2027 (Expiring term of Russell). Applicant: Rich Russell, 2045 Em- bassy Way Dr. Motion by Roussell to appoint Mr. Russell to the three-year term through July 1, 2027. Seconded by Wethal. Motion carried 7-0. 12. Airport Zoning Commission: One Cross Representative whose term will coincide with their term on the cross represented board or commission (Vacant Cross Representative Member term of Russell). Applicant: Rich Rus- sell, 2045 Embassy Way Dr. Motion by Wethal to appoint Mr. Russell to the three-year term to coincide with his term on the Zoning Advisory Commission. Seconded by Roussell. Motion carried 7-0. Following the conclusion of board and commission appointments, City Council Mem- bers emphasized the significance of applicants reaching out to the City Council to articulate their interest in serving. Applicants can either address the City Council during the board and commission applicant review segment of the council meeting or submit written correspond- ence. ACTION ITEMS 1. New Dubuque Developer's Guide Avail- able: Motion by Roussell to receive and file the documents, approve the Dubuque Developer's Guide publication and webpage, and listen to the presentation. Seconded by Sprank. Public Information Officer Randy Gehl presented on the Dubuque Developer's Guide publication and webpage. City Council Members com- mended the publication and webpage for illus- trating how the city acts on feedback. Motion carried 7-0. 2. Dubuque Awarded $25 million Federal RAISE Infrastructure Grant to Build Railroad Overpass at 14th Street: Motion by Resnick to receive and file the documents. Seconded by Sprank. City Council Members expressed en- thusiasm for receiving the grant and thanked the various partners involved. Motion carried 7-0. 3. Repeal of the Dubuque Historic Building Code: 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. In response to questions from the City Council, Housing and Community Development Director Alexis Steger and City Attorney Brumwell stated that existing building codes still apply to structures, while current codes would apply to alterations. Ms. Steger confirmed that the repeal of the historic building code will eliminate code dupli- cation, reducing confusion for contractors and property owners. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 42-24 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 5 Historic Buildings. Seconded by Farber. Motion carried 7-0. ORDINANCE NO. 42-24 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 5 HISTORIC BUILDINGS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. Title 14 Building and Develop- ment is amended by repealing Chapter 5 His- toric Buildings. Page 308 of 1311 Book 154 Regular Session, July 1, 2024 222 Section 2. This ordinance shall take effect the public street when said lot or par - upon publication. cel is developed or redeveloped or at Passed, approved, and adopted this 1st the direction of city council. For pur- day of July 2024. poses of this subsection, "develop - Brad Cavanagh, Mayor ment or redevelopment" means any Attest: Adrienne Breitfelder, City Clerk improvement that creates a new park- ing lot, new principal structure, gar- 4. Ordinance Amendment: Abutting Prop- age, carport, covered deck, or cov- erty Owner Liability for Defective Sidewalks: ered patio on the lot or parcel or Motion by Roussell to receive and file the doc- changes the footprint of the parking uments and that the requirement that a pro- lot, principal structure, garage, car - posed ordinance be considered and voted on port, covered deck, or covered patio for passage at two Council meetings prior to on the lot or parcel. the meeting at which it is to be passed be sus- 2. Upon application and for good cause pended. Seconded by Wethal. In response to shown, the city manager may grant a questions from the City Council, City Attorney full or partial exception to the above Brumwell summarized the city's potential liabil- requirement. (Ord. 44-09, 9-8-2009) ity after issuing notices for property owners to B. Duty of Abutting Property Owner to repair sidewalk defects and explained how the Maintain: The abutting property owner city identifies defects. Motion carried 7-0. must maintain the area from the back Motion by Roussell for final consideration of the curb to the right of way line, and and passage of Ordinance No. 43-24 Amend- must keep such area in a safe condi- ing City of Dubuque Code of Ordinances Sec- tion free from defects, debris, nuisanc- tion 10-1-2: Sidewalk Installation and Repair es, obstructions or any other hazard. Deleting Liability of the Abutting Property The abutting property owner must Owner for Failure to Repair Sidewalks. Se- maintain such area in a safe condition, conded by Wethal. Motion carried 7-0. in a state of good repair, and free from defects. Notwithstanding the obliga- ORDINANCE NO. 43-24 tions imposed hereunder, the property AMENDING CITY OF DUBUQUE CODE OF owner may not remove diseased trees ORDINANCES SECTION 10-1-2: SIDEWALK or dead wood or plant, trim, remove or INSTALLATION AND REPAIR DELETING treat any tree or plant material on pub - LIABILITY OF THE ABUTTING PROPERTY lic right of way without first obtaining a OWNER FOR FAILURE TO REPAIR SIDE- permit from the city forester. (Ord. 57- WALKS 14, 9-2-2014) Whereas, City of Dubuque Code of Ordi- C. Notice to Replace, Repair or Recon- nances Section 10-1-2 provides that abutting struct: property owners must maintain the area from 1. Whenever the city manager shall de - the back of the curb to the right of way line and termine that the conditions of any the abutting property owner is liable for dam- sidewalk as described in subsection ages caused by failure to maintain such area; B of this section exist, the city man - and ager shall serve notice by certified Whereas, Section 10-1-2 is no longer a mail on the abutting property owner, correct statement of Iowa law; and as shown by the records of the coun- Whereas, the City Council now desires to ty auditor, requiring the abutting amend Section 10-1-2 to correctly state Iowa property owner to replace, repair or law. reconstruct the sidewalk. NOW, THEREFORE, BE IT ORDAINED 2. If the city manager determines that BY THE CITY COUNCIL OF THE CITY OF the replacement, repair or reconstruc- DUBUQUE, IA.: tion of the sidewalk is not practicable Section 1. City of Dubuque code of Ordi- because of circumstances beyond the nances Section 10-1-2 is amended to read as control of the abutting property own - follows: er, the city manager may allow or re- 10-1-2: SIDEWALK INSTALLATION AND quire a temporary repair of the side - REPAIR: walk until such circumstances no A. Installation: longer exist. (2007 Code § 41-102) 1. The owner of any lot or parcel in the D. Collection Of Costs Of Replacement, city, that abuts upon any improved Reconstruction Or Temporary Repair public street that has concrete or By City: If the abutting property owner stone curb shall, at the owner's cost, who has been notified pursuant to sub - install to standard city specifications a section C of this section to repair, re - sidewalk along the full length of the place, reconstruct, or temporarily repair portion of the lot or parcel abutting the sidewalk shall fail to repair, replace, Page 309 of 1311 Book 154 Regular Session, July 1, 2024 223 reconstruct, or temporarily repair such sidewalk within thirty (30) days after the mailing of such notice, the city manager may cause the required action to be performed and assess the costs against the abutting property for collec- tion in the same manner as a property tax. (2007 Code § 41-103) E. Installments: If any amount assessed against property under subsection D of this section exceeds one hundred dol- lars ($100.00), the assessment may be paid in ten (10) annual installments, in the same manner and with the same in- terest rates as provided for assess- ments against benefited property under the code of Iowa. (2007 Code § 41- 104) F. Procedures for Levy: The procedures for making and levying a special as- sessment pursuant to subsection D of this section and for an appeal of the assessment are the same procedures as provided under the code of Iowa. (2007 Code § 41-105) G. Sidewalk Inspection Policy: The city manager shall develop, with the ap- proval of the city council, a written sidewalk inspection policy which shall govern the repair, replacement, recon- struction or temporary repair of side- walks. (2007 Code § 41-106) Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 1st day of July 2024. Brad Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 5. Remedy for Fire Department Manag- er/Administration Wage Compression: Motion by Jones to receive and file the documents and approve the salary percentage increases effective July 1, 2024, in order to remedy the wage/salary compression that would exist for the management/administration ranks of As- sistant Fire Chief/Division Chief/Bureau Chief, Deputy Fire Chief, and Fire Chief related to the percentage wage increases provided to union - represented Fire ranks per the CBA effective on July 1, 2024. Seconded by Wethal. City Council Members expressed support for the salary increases and thanked all involved par- ties for their efforts. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Resnick reported that the Federal RAISE Infrastructure Grant will fund a bike trail and emphasized the importance of bike trails for local tourism. Council Member Roussell reported on meeting with representatives from Japan as part of her role on the Dubuque Main Street Board of Directors. Council Member Wethal reported on meet- ings with Dubuque Community Schools and Holy Family Catholic Schools as part of her partnership with the Community Foundation of Greater Dubuque to promote school safety. Ms. Wethal announced that a community con- versation for educators was scheduled for July 9, 2024. Council Member Jones reminded residents that operating fireworks within city limits is illegal and encouraged them to leave fireworks and animals at home when attending public fireworks displays. Mayor Cavanagh reported on attending the United States Conference of Mayors Annual Meeting. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 7:42 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 Attor- ney Brumwell. Motion carried 7-0. The City Council reconvened in open ses- sion at 8:10 p.m. stating that staff had been given proper direction. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 8:10 p.m. /s/Adrienne N. Breitfelder, CIVIC, City Clerk Page 310 of 1311 224 Special and Regular Sessions, July 15, 2024 Book 154 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 15, 2024, 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 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 Chaplain Schmitt Island Rede- velopment Plan Review. WORK SESSION Chaplain Schmitt Island Redevelopment Plan Review Economic Development Director Jill Con- nors introduced Dubuque Racing Association President and CEO Alex Dixon who gave a brief background on the project. Ryan Peter- son from RDG Planning & Design updated the Council on the project. Mayor Cavanagh declared the meeting ad- journed at 6:05 p.m. due to severe weather and safety protocols requiring the need to take shelter. This presentation will be rescheduled /s/Trish L. Gleason, MMC, Assistant City Clerk CITY OF DUBUQUE IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:47 p.m. on July 15, 2024, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Delayed start to the meeting was due to severe weather and power outages. The meeting was unable to be recorded and transmitted to the public in the conventional recoding methods due to the power outages. The Dubuque City Council persevered and held the meeting using the lights from cell phones and battery -operated computers. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attorney Brumwell. Mayor Cavanagh read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PROCLAMATION(S) 1. Veterans of Foreign Wars Post 508 Recognition was accepted by Mayor Cavanagh on behalf of the Veterans of Foreign Wars Post 508. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the Resolutions, and dis- pose of as indicated. Seconded by Roussell Motion carried 7-0. 1. Minutes and Reports Submitted: Airport Commission of April 23, 2024; Arts and Cul- tural Affairs Commission of May 28, 2024; City Council Proceedings of July 1, 2024; Commu- nity Development Advisory Commission of May 15, 2024; Equity and Human Rights Commission of May 14, 2024; Park and Rec- reation Commission of May 14, 2024; Zoning Advisory Commission of June 5, 2024; Zoning Advisory Commission Draft Minutes of July 2, 2024; Zoning Board of Adjustment of April 25 and May 23, 2024; Proof of Publication for City Council Proceedings of June 3, June 17, June 18, 2024. Upon motion the documents were received and filed. Page 311 of 1311 Book 154 Regular Session, July 15, 2024 225 2. Notice of Claims and Suits: Ross Dol- phin for vehicle damage; Felderman Realty for property damage; Hennessey Fortman for vehicle damage; Olivia Hansen for property damage; Richard Hess for property damage; American Marine for vehicle damage; Othman Mokhantar for property damage; Sarah Week - ley for vehicle damage. Upon motion the doc- uments 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: Ross Dolphin for vehicle damage; Felderman Realty for property damage; Hen- nessey Fortman for vehicle damage; Olivia Hansen for property damage; Richard Hess for property damage; American Marine for vehicle damage; Othman Mokhantar for property damage; Sarah Weekley for vehicle damage. Upon motion the documents were received, filed, and concurred. 4. Approval of City Expenditures: Upon motion the documents were received and filed, and Resolution No. 221-24 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. 221-24 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 generally accepted internal control procedures and have been determined to have been req- uisitioned for a lawful municipal purpose; and Whereas, the Chief Financial Officer -City Treasurer has provided a list of Expenditures attached hereto, and by this reference made a part hereof, to be drawn to pay for goods and services provided for City purposes; and Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142-18 adopted May 7, 2018, authorized the Chief Financial Officer -City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. 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 Financial Officer are hereby authorized and directed to provide the statement of receipts and disbursements to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 15th day of July 2024. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 5. Approving Fund Transfers for Capital Projects - Reimbursements in Fiscal Year 2024 — Period 13: Upon motion the documents were received and filed, and Resolution No. 222-24 Authorizing the Chief Financial Officer to make the appropriate interfund transfers of sums and record the same in the appropriate manner for the FY 2024 for the City of Dubu- que, IA. was adopted. RESOLUTION NO. 222-24 AUTHORIZING THE CHIEF FINANCIAL OF- FICER TO MAKE THE APPROPRIATE IN- TERFUND TRANSFERS OF SUMS AND RECORD THE SAME IN THE APPROPRI- ATE MANNER FOR THE FY 2024 FOR THE CITY OF DUBUQUE, IA. Whereas, Iowa Administrative Rules Code Section 545-2.5(5) implements Iowa Code Section 384.18 and provides that the City Council shall approve all transfers of moneys from one budgeted fund to another budgeted fund as provided in Iowa Administrative Rules Code Section 545-2.5(5). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. Authorize the Chief Financial Of- ficer to Transfer Funds. That the Chief Finan- cial Officer be and is hereby authorized by the City Council to make the appropriate interfund transfer of sums and record the same in the appropriate manner for FY 2024. Section 2. Transfer of Funds. That the Chief Financial Officer will transfer the follow- ing sums and to record the same in the appro- priate manner: Page 312 of 1311 Book 154 Regular Session, July 15, 2024 226 1. Transfer from Stormwater Construction $35,000.00 for capital construction. Fund to General Fund $53,141.00 for 18. Transfer from Sales Tax Construction capital construction. Fund to Airport Construction Fund 2. Transfer from General Fund to DRA $14,870.17 for capital construction. Distribution Fund $91,739.59 for capital 19. Transfer from General Fund to Water construction. Construction Fund $173,847.95.00 for 3. Transfer from the Dubuque Industrial ARPA capital construction. Center Tax Increment Financing Fund 20. Transfer from DRA Distribution Fund to the DRA Distribution fund to the Water Construction Fund $132,868.00 for the reimbursement of $10,000.00 for capital construction. Tax Increment Financing eligible ex- 21. Transfer from General Fund to the penses. Sanitary Sewer Fund $4,924.00 for 4. Transfer from the General Construc- ARPA capital construction. tion Fund to the DRA Distribution Fund 22. Transfer from Sanitary Sewer Operat- $200,655.00 for capital construction. ing Fund to the Sanitary Sewer Capital 5. Transfer from the Water Construction Fund $146,760.00 for capital construc- Fund to the DRA Distribution Fund tion. $150,000.00 for capital construction. 23. Transfer from Road Use Tax Fund to 6. Transfer from the Stormwater Con- the Stormwater Construction Fund struction Fund to the Road Use Tax $9,270.40 for capital construction. Fund $15,903.00 for capital construc- 24. Transfer from General Fund to the tion. Refuse Construction Fund $95,339.00 7. Transfer from Road Use Tax fund to for capital construction. the Street Construction Fund 25. Transfer from Refuse Operating Fund $105,364.17 for capital construction. to the Refuse Capital Fund 8. Transfer from Greater Downtown Tax $146,760.00 for capital construction. Increment Financing Fund to Street 26. Transfer from DRA Distribution Fund Construction Fund $34,610.00 for re- to the Garage Service Fund $15,095.50 imbursement of Tax Increment Financ- for capital construction. ing eligible construction projects. Passed, approved and adopted this 15th 9. Transfer from General Fund to Sales day of July 2024. Tax Construction Fund $415,000.00 for Brad M. Cavanagh, Mayor capital construction. Attest: Adrienne N. Breitfelder, City Clerk 10. Transfer from DRA Distribution Fund to Sales Tax Construction Fund 6. Building Bridges to Employment & Equi- $105,413.64.00 for capital construction. ty Brochure: Upon motion the documents were 11. Transfer from General Fund to Gen- received and filed. eral Construction Fund $111,283.63 for capital construction. 7. Plat of Survey of Arthofer's Skyline Addi- 12. Transfer from Road Use Tax Fund to tion 2 subject to waiving lot frontage for Lot 2: General Construction Fund Upon motion the documents were received $367,384.00 for capital construction. and filed, and Resolution No. 223.24 Approv- 13. Transfer from the Dubuque Industrial ing the Plat of Survey Arthofer's Skyline Addi- Center Tax Increment Financing Fund tion 2, in the City of Dubuque, IA. was adopt - to the General Construction fund ed. $275,381.85 for the reimbursement of Tax Increment Financing eligible con- RESOLUTION NO. 223-24 struction projects. APPROVING THE PLAT OF SURVEY 14. Transfer from Greater Downtown Tax ARTHOFER'S SKYLINE ADDITION 2, IN Increment Financing Fund to General THE CITY OF DUBUQUE, IA. Construction Fund $1,114,096.95.00 Whereas, there has been filed with the City for reimbursement of Tax Increment Fi- Clerk a Plat of Survey Arthofer's Skyline Addi- nancing eligible construction projects. tion 2 in the City of Dubuque, IA.; and 15. Transfer from the North Cascade TIF Whereas, said Plat of Survey has been ex - Fund to the General Construction Fund amined by the Zoning Advisory Commission $426,524.29 for the reimbursement of and its approval has been endorsed thereon; Tax Increment Financing eligible con- and struction projects. Whereas, said Plat of Survey has been ex- 16. Transfer from General Fund to Airport amined by the City Council and they find that it Construction Fund $35,000.00 for capi- conforms to the statues and ordinances relat- tal construction. ing thereto. 17. Transfer from DRA Distribution Fund NOW THEREFORE, BE IT RESOLVED to Airport Construction Fund BY THE CITY COUNCIL OF THE CITY OF Page 313 of 1311 Book 154 Regular Session, July 15, 2024 227 DUBUQUE, IA.: 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 feet of frontage on a public street or an ap- proved private street for Lot 2 Arthofer's Sky- line Addition 2. Section 2. That the Plat of Survey Artho- fer's Skyline Addition 2, in the City of Dubu- que, IA. is hereby approved, and the Mayor and City Clerk are hereby authorized and di- rected to endorse the approval of the City of Dubuque, IA. upon said Plat of Survey. Passed, approved and adopted this 1511 day of July 2024. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 8. Plat of Survey of Plaza 20 No. 9: Upon motion the documents were received and filed, and Resolution No. 224-24 Approving the Plat of Survey of Plaza 20 No. 9, in the City of Dubuque, IA. was adopted. RESOLUTION NO. 224-24 APPROVING THE PLAT OF SURVEY OF PLAZA 20 NO. 9, IN THE CITY OF DUBU- QUE, IA. Whereas, there has been filed with the City Clerk a Plat of Survey of Plaza 20 No. 9 in the City of Dubuque, IA.; 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 statues and ordinances relat- ing thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the Plat of Survey of Plaza 20 No. 9, in the City of Dubuque, IA. is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, IA. upon said Final Plat. Passed, approved and adopted this 15th day of July 2024. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 9. Acceptance of Grant of Public Sanitary Sewer Easement across Parts of Lots 1-2 and 2- 2 of Pizza Ranch Place off of Radford Road in Dubuque: Upon motion the documents were received and filed, and Resolution No. 225.24 Accepting a Grant of Public Sanitary Sewer Easement through, under and across parts of Lots 1-2 and 2-2 of Pizza Ranch Place, in the City of Dubuque, IA. was adopted. RESOLUTION NO. 225-24 ACCEPTING A GRANT OF PUBLIC SANI- TARY SEWER EASEMENT THROUGH, UN- DER AND ACROSS PARTS OF LOTS 1-2 AND 2-2 OF PIZZA RANCH PLACE, IN THE CITY OF DUBUQUE, IA. Whereas, Radford Road Real Estate, LLC has dedicated, per the Plat of Survey of Lot 1- 2 and 2-2 of Pizza Ranch Place, in the City of Dubuque, IA., recorded as instrument number 2024-00004704 in the Dubuque County Re- corder's Office, a Grant of Public Sanitary Sewer Easement through, over and across Parts of Lots 1-2 and 2-2 of Pizza Ranch Place, in the City of Dubuque, IA.. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The City Council of the City of Dubuque, IA., hereby approves of, accepts and consents to the dedication of a Grant of Public Sanitary Sewer Easement through, over and across Parts of Lots 1-2 and 2-2 of Pizza Ranch Place, in the City of Dubuque, IA., rec- orded as instrument number 2024-00004704 in the Dubuque County Recorder's Office, from Radford Road Real Estate, LLC, a copy of which is attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 15th day of July 2024. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 10. Agreement with Dubuque Housing, LLC — for Public Sanitary Sewer Main Con- struction Serving Lots 1, 1-2, and 2-2 of Pizza Ranch Place on Radford Road associated with the EMRI Apartment Development: Upon mo- tion the documents were received and filed, and Resolution No. 226.24 Approving an Agreement between the City of Dubuque, IA. and Dubuque Housing, LLC was adopted. RESOLUTION NO. 226-24 APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE, IA. AND DUBU- QUE HOUSING, LLC Whereas, Dubuque Housing, LLC (DHLLC) is the owner of the property legally described as Lot 2-2 of Pizza Ranch Place in the City of Dubuque, IA., according to the recorded plat thereof; and Whereas, there is currently a private sani- tary sewer main located within Lot 1-2 of Pizza Ranch Place in the City of Dubuque, IA. (the Private Sewer); and Whereas, to make Lots 1-2 and 2-2 of Piz- za Ranch Place more developable, DHLLC is planning to, at its sole cost, disconnect and Page 314 of 1311 Book 154 Regular Session, July 15, 2024 228 cap at each end the Private Sewer and con- struct a new public sanitary sewer main on the common lot line of Lot 1-2 and 2-2 of Pizza Ranch Place in the City of Dubuque, IA. (the Project); and Whereas, DHLLC plans to connect to the Pizza Ranch restaurant located on Lot 1 of Pizza Ranch Place, common address of 2020 Radford Road, Dubuque, IA., to the Project; and Whereas, DHLLC desires to construct the Project and will need to construct and carry out any other activities associated with the Project in accordance with City plans and specifica- tions; and Whereas, upon completion of the project, DHLLC wishes to dedicate the sanitary sewer utility and any associated easements, as re- quired by the City, to the City; and Whereas, via the attached agreement, the parties have come to terms as set forth herein for how to best effectuate the components of the Project to maximize the benefits to each party and the residents and visitors to Dubu- que; and Whereas, DHLLC has executed the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The Agreement attached hereto is hereby approved. Section 2. The City Manager is authorized and directed to execute the Agreement on behalf of the City of Dubuque. Passed, approved, and adopted this 15th day of July 2024. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 11. Pickett Street Rehabilitation Petition and Waiver Agreements: Upon motion the documents were received and filed, and Reso- lution No. 227.24 Approving the Petition and Waiver Agreements for the Pickett Street Re- habilitation Project was adopted. RESOLUTION NO. 227-24 APPROVING THE PETITION AND WAIVER AGREEMENTS FOR THE PICKETT STREET REHABILITATION PROJECT Whereas, sealed informal bid proposals have been submitted by contractors for the Pickett Street Rehabilitation Project, (the Pro- ject) on the 13th day of June 2024; and Whereas, the City of Dubuque intends to construct public improvements that are in the best interest of the City on this street, which improvements shall be constructed at such times in accordance with the petition and waiver agreements to be entered into with the adjacent property owners; and Whereas, the adjoining property owners have agreed to reimburse the City for said improvements. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the City will make im- provements to Pickett Street. Section 2. That the petition and waiver agreements with the adjacent property owners are hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, IA. upon said agreements. Passed, adopted, and approved this 15th day of July 2024. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 12. Consultant Selection of MSA as the consultant to conduct an Analysis of Impedi- ments to Fair Housing and authorize the City Manager to sign the Task Order with MSA in the amount of $25,000: Upon motion the doc- uments were received, filed, and approved. 13. Signed Contract(s): 2024 Docking Agreement with American Cruise Lines; 2024 Docking Agreement with Celebration Belle; Independent Contractor Agreement with Den- ise Blakeley Ihrig of Blakeley Water Manage- ment. Upon motion the documents were re- ceived and filed. 14. Approval of Retail Alcohol Licenses: Upon motion the documents were received and filed, and Resolution No. 228-24 Approv- ing applications for retail alcohol licenses, as required by City of Dubuque Code of Ordi- nances Title 4 Business and License Regula- tions, Chapter 2 Liquor Control, Article B Liq- uor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 228-24 APPROVING APPLICATIONS FOR RETAIL ALCOHOL LICENSES, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANC- ES 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 re- quirements of the Code of Ordinances. Page 315 of 1311 Book 154 Regular Session, July 15, 2024 229 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. 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 - 123 Main St. Applebee's Neighborhood Grill and Bar, 1395 Associates Dr. Bell Tower Productions, 2728 Asbury Rd. House Of China Co, 170 John F. Kennedy Rd Kwik Star 495, 2685 Dodge St. Shannon's Bar & Grill, 521 East 22"d St. The Lift, 180 Main St. Vinny Vanucchis Little Italy, 164 Main St. Walnut Tap Tavern, 709 University Ave. Special Event(s) per Special Event Application Submittal, Provisional Issuances Dubuque Jaycees, Millwork Night Market, 6-9- 24 to 6-13-24 and 7-7-24 to 7-11-24, East 7th to 9th & Jackson St + East 8th to Elm Street Kwik Stop 16th Street #325, 6-29-24 to 7-3-24, 1210 East 16th Street Parking Lot Event Passed, approved, and adopted this 15th day of July 2024. 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 Farber. Motion carried 7-0. 1. Old Mill Road Lift Station and Force Main Project - Phase I: Initiate Public Bidding Process and Setting Date for a Public Hearing: Upon motion the documents were received and filed, and Resolution No. 229.24 Old Mill Lift Station and Force Main Project — Phase I: 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 August 19, 2024, in the Historic Federal Building. RESOLUTION NO. 229-24 OLD MILL LIFT STATION AND FORCE MAIN PROJECT — PHASE I, 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; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The proposed plans, specifica- tions, form of contract and estimated cost for the Old Mill Lift Station and Force Main Project — Phase I in the estimated construction amount of $18,720,314.19, are hereby prelimi- narily approved and ordered filed in the office of the City Clerk for public inspection. Section 2. A public hearing will be held on the 19th day of August, 2024, at 6:30 p.m. in the Historic Federal Building Council Cham- bers 350 W. 6th Street, Dubuque, IA., at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general cir- culation in the City of Dubuque, IA., which no- tice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of con- tract, or estimated cost of the Project. Section 3. The Old Mill Lift Station and Force Main Project — Phase I is hereby or- dered to be advertised for bids for construc- tion. Section 4. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. Section 5. The City Engineer is hereby 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 contrac- tor plan room service with statewide circula- tion, 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 22"d day of August 2024. 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 3rd day of Sep- tember 2024, in the Historic Federal Building Council Chambers 350 West 6th Street, Dubu- que, IA. Passed, adopted and approved this the 15th day of July 2024. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk PUBLIC HEARINGS 1. Unified Development Code Amendment - Off -Premise Parking Lot: Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be Page 316 of 1311 Book 154 Regular Session, July 15, 2024 230 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. Motion car- ried 6-0. Motion by Jones for final consideration and passage of Ordinance No. 44-24 Amending Title 16 of the City of Dubuque Code of Ordi- nances, Unified Development Code, by amending Article 16-2-3 (Definitions) by add- ing a definition of Off -Premise Parking Lot and by amending Articles 16-5-11 C-2 Neighbor- hood Shopping Center and 16-5-13 C-3 Gen- eral Commercial by adding Off -Premise Park- ing Lot as an accessory use. Seconded by Wethal. Motion carried 7-0. ORDINANCE NO. 44-24 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 OFF -PREMISE PARKING LOT AND BY AMENDING ARTI- CLES 16-5-11 C-2 NEIGHBORHOOD SHOP- PING CENTER AND 16-5-13 C-3 GENERAL COMMERCIAL BY ADDING OFF -PREMISE PARKING LOT AS AN ACCESSORY USE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code Chapter 16-2-3 Definitions is hereby amended as follows: 16-2-3 Definitions Parking Lot, Off -Premise: A hard - surfaced area not located in the public rights -of -way, is designated for the park- ing of vehicles, and which meets all of the following standards: A. The off -premise parking lot shall be incidental and subordinate to a per- mitted use and located on a lot within 300' of the principal use it serves; B. The off -premise parking lot shall be owned and maintained by the proper- ty owner of the principal use it serves; C. No vehicle or outside storage of any kind shall be permitted in, or on, the off -premise parking lot; and D. A site plan shall be reviewed and approved prior to the installation of an off -premise parking lot. Section 2. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code Chapters 16-5-11 C-2 Neigh- borhood Shopping Center and 16-5-13 C-3 General Commercial, are hereby amended as follows: 16-5-11-3 Accessory Uses - Off -Premise Parking Lot 16-5-13-3 Accessory Uses - Off -Premise Parking Lot Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, IA. Section 4. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 15th day of July 2024. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 2. Locust Street Parking Ramp Repairs Project Public Hearing: Motion by Roussell to receive and file the documents and adopt Resolution No. 230-24 Approval of plans, specifications, form of contract, and estimated cost for the Locust Street Parking Ramp Re- pairs Project. Seconded by Farber. Transit Director Ryan Knuckey responded to ques- tions from council. Motion carried 7-0. RESOLUTION NO. 230-24 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE LOCUST STREET PARK- ING RAMP REPAIRS PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the attached plans, specifi- cations, form of contract and estimate of total cost for the Locust Street Parking Ramp Re- pairs Project in the estimated amount $250,000.00, are hereby approved. Passed, approved, and adopted this 15th day of July 2024. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 3. Jefferson Park Retaining Wall Project construction plans and specifications and es- timated base bid amount of $85,800.00 and estimated cost amount of Plain Faced Wall of $220,700.00 or estimated cost amount of Tex- tured Faced Wall of $233,200.00: Motion by Jones to receive and file the documents and adopt Resolution No. 231.24 Approval Of plans, specifications, and estimated cost for the Jefferson Park Retaining Wall Replace- ment Project. Seconded by Sprank. Leisure Services Director Marie Ware responded to questions from Council. Motion carried 7-0. RESOLUTION NO. 231-24 APPROVAL OF PLANS, SPECIFICATIONS, AND ESTIMATED COST FOR THE JEFFER- SON PARK RETAINING WALL REPLACE- MENT PROJECT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. THAT: Page 317 of 1311 Book 154 Regular Session, July 15, 2024 231 That the proposed, plans, specifications and estimated costs for the Jefferson Park Retaining wall Replacement Project in the es- timated base bid amount of $85,800.00 and estimated cost amount of Plain Faced Wall of $220,700.00 or estimated cost amount of Tex- tured Faced Wall of $233,200.00 are hereby approved. Passed, approved, and adopted this 15th day of July 2024. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk PUBLIC INPUT Citizens spoke on these topics; suicide prevention awareness, and asbestos and con- tract concerns for Action item No. 2. ACTION ITEMS 1. Greater Dubuque Development Corpo- ration - Quarterly Update: Motion by Resnick to receive and file and listen to an abbreviated version of the presentation. Seconded by Sprank. Rick Dickinson, President and CEO of Greater Dubuque Development Corporation (GDDC) provided an update and a 2023 -2024 Annual Report: 40 years of Greater Dubuque Development Corp. booklet. Motion carried 7- 0. 2. 3000 Jackson, Dubuque Brewing and Malting Building Update: Motion by Roussell to receive and file the documents and approve. Seconded by Farber. City Manager providing a status report and an amended recommenda- tion based on information received just prior to the meeting. Housing and Community Devel- opment Director Alexis Steger and City Attor- ney Crenna Brumwell responded to citizen questions brought up in the Public Input por- tion of the agenda as well as questions from the Council. Amended motion by Roussell to receive and file documents. Seconded by Far- ber. Motion carried 7-0. 3. Work Session Request: Imagine Dubu- que Update: Motion by Jones to receive and file the documents and schedule the work ses- sion for August 19, 2024, at 5:30 p.m. Se- conded by Roussell. Motion carried 7-0. COUNCIL MEMBER REPORTS Mayor Cavanagh read the below statement as a call to action for all citizen to practice civil- ity during this time in our nation's history and at all times. There are moments in American history when we as citizens have the obligation to pause, reflect, and choose a path ahead that best serves our Democratic Republic. This weekend, we have experienced one of those moments with the attempted assassination of former President Donald Trump. Let me first say that I along with my col- leagues of the Dubuque City Council wish President Trump a speedy recovery, and we are keeping him and his family in our thoughts and prayers. I also want to recognize and thank the many elected and appointed public servants in our country - from President Biden to former President Trump himself, and onto our repre- sentatives at our local, state, and national lev- els - who have made genuine and heartfelt calls for civility, calm, and unity in the weeks and months ahead. I implore all of our elected and appointed leaders to keep this focus at this challenging and pivotal time. Tonight, I want to take these calls for unity and civility one step further, and speak directly to the people of Dubuque, IA. It's easy to look at moments like this and quickly become para- lyzed by the gravity and difficulty of the situa- tion. It is understandable that one's reaction may be, "What can I do? I'm just one person living here in a city on the Mississippi." Thankfully, this is one of those moments where our actions matter. What we all choose to do next, right here where we live, will shape the future of our country. We are all on the same team. We are hu- man beings, we are Americans, we are Io- wans, and we are Dubuquers. We have a direct impact on the success of our community and our country through the way we treat each other. How we speak to each other, how we write to each other, how we write about each other on social media, how we listen, how we inter- act and how we show civility and respect... We control each and every one of these things. We may disagree and that is healthy for democracy. When we argue about ideas we must learn from one another. But when argu- ing and disagreements reach the point of inci- vility, when we are no longer listening to one another or respecting one another, and when we have. resorted to violence, we have gone too far. The solution to this national problem be- gins right here where we live together. When we live in a city of just under 60,000 people, we have a unique opportunity to get to know each other, interact with our neighbors and fellow Dubuquers every day, and solve our challenging problems together. As a country, we have lost our way. As people living in Dubuque and places like it, we have the solution. I encourage all of us to re- commit ourselves to unity. We have what it takes to be respectful, have an open mind, and really listen to each other. We can find Page 318 of 1311 232 Special Session, July 29, 2024 Book 154 common ground and work together. We do these things every day in many parts of our lives. We can recommit to doing them more and we must DEMAND that our leaders do the same. This includes the members of the City Council sitting right here, and the City of Dubuque workers who served you every day. On behalf of my colleagues, tonight, we re- commit to you that we will continue to serve this community with respect, civility, openness, transparency, and kindness in the spirit of true public service, I know each of us in the community has what it takes to find the right path forward for our city, our state, and our country. Thank you, everyone, for doing your part to once again make us a truly United States of America. Council Member Jones reported speaking at a Q Casino grand opening and reminded citizens to check out the time capsule in Wash- ington Park as the anniversary of the time capsule is approaching. Council Member Farber reported participat- ing in an FCC conference at Google Head- quarters with the National League of Cities and thanked the Mayor for his profound words and stated that we all should thank the Dubuque Police Department for protecting all Dubuquers so that we are safe to say what we want. Council Member Roussell reported attend- ing a Habitat for Humanities event where "Sheep On The Go" provided a demonstration of grass mowing. Council Member Resnick reported on at- tending the Tri State Wind concert. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 8:02 p.m. to discuss Pending Litigation and Purchase or Sale of Real Estate — Chap- ter 21.5(1)(c),Q) Code of Iowa. Seconded by Russell. 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 9:52 p.m. stating that staff had been given proper direction. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 9:53 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 July 29, 2024, 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 Attorney Brumwell. Mayor Cavanagh read the call and stated this is a special session of the City Council called for the purpose of approving the con- sultant selection for the Brownfields Multipur- pose Grant Project. ACTION ITEMS 1. USEPA Brownfields Multipurpose Grant Project Consultant Selection Recommenda- tion: Motion by Jones to receive and file the documents and approve hiring a consultant to provide engineering services related to man- aging the Brownfields Multipurpose Grant from the United States Environmental Protection Agency (EPA). Seconded by Farber. In re- sponse to a question from the City Council, Economic Development Director Jill Connors explained the necessity of choosing a new firm, noting that the previous firm had lost many key staff members. She highlighted that Impact 7G employs several of the key staff the city had previously collaborated with. Motion carried 7-0. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 5:19 p.m. /s/Adrienne N. Breitfelder, City Clerk Page 319 of 1311 233 Special and Regular Sessions, August 5, 2024 Book 154 CITY OF DUBUQUE IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on August 5, 2024, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6m Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick, Roussell, Sprank (attended virtually), 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 work ses- sions on the Schmitt Island Redevelopment Plan and Four Mounds Foundation. WORK SESSIONS 1. Schmitt Island Redevelopment Plan: Dubuque Racing Association President and CEO Alex Dixon and Ryan Peterson from RDG Planning & Design provided an update of progress on the Development Plan for Schmitt Island as a continuation from the July 15, 2024, work session, which was shortened due to a storm. Mr. Dixon and Civil Engineer Na- than Steffen responded to questions from the City Council regarding noise policies at the future amphitheater and future improvements to Miller Riverview Park. This work session concluded at 5:59 p.m. 2. Four Mounds Foundation Presentation: Becky Bodish and Kaniyiah Mattison of Four Mounds and Consultant Ellen Goodmann Mil- ler provided information regarding Four Mounds' past, current, and future work and initiatives. Ms. Bodish responded to questions from the City Council regarding recruitment efforts and program outcomes. There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:29 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 August 5, 2024, 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 (attended virtually), Wethal; City Manager Van Milligen, City Attorney Brumwell. Mayor Cavanagh read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PROCLAMATION(S) 1. National Health Center Week (August 4 - 10, 2024) was accepted by Chad Woelbers, Jenn Marvel, and Irene Maun on behalf of Crescent Community Health Center. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Farber. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of July 15, 2024; Civil Service Commission of July 10, 2024; Com- munity Development Advisory Commission of June 26, 2024; Historic Preservation Commis- sion of April 18, 2024 and June 20, 2024; Housing Commission of January 23, 2024; Library Board of Trustees Update of June 27, 2024; Long Range Planning Advisory Com- mission of February 21, 2024; Zoning Board of Adjustment of June 27, 2024; Proof of Publica- tion for City Council Proceedings of July 1, 2024. Upon motion the documents were re- ceived and filed. 2. Notice of Claims and Suits: Camille Baker for vehicle damage; Dennis and Juli Geraghty for property damage; Brian and Bri- ony Gillitzer for property damage; William Sand Jr. for property damage; Martin Wing for property damage. Upon motion the documents were received, filed, and referred to the City Attorney. Page 320 of 1311 Book 154 Regular Session, August 5, 2024 234 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: Brian and Briony Gillitzer for property damage; Martin Wing for property damage. Upon motion the documents were received, filed, and concurred. 4. Expenses submitted for City Council Approval: Upon motion the documents were received and filed, and Resolution No. 232-24 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. 232-24 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 generally accepted internal control procedures and have been determined to have been req- uisitioned for a lawful municipal purpose; and Whereas, the Chief Financial Officer -City Treasurer has provided a list of Expenditures attached hereto, and by this reference made a part hereof, to be drawn to pay for goods and services provided for City purposes; and Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142-18 adopted May 7, 2018, authorized the Chief Financial Officer -City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. 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 Financial Officer are hereby authorized and directed to provide the statement of receipts and disbursements to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 5th day of August 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Resolution Approving Fund Transfers for Special Assessments in Fiscal Year 2024 — Period 13: Upon motion the documents were received and filed, and Resolution No. 233-24 Authorizing the Chief Financial Officer to Make the Appropriate Interfund Transfers of Sums and Record the Same in the Appropriate Man- ner for the FY 2024 for the City of Dubuque, IA. was adopted. RESOLUTION NO. 233-24 AUTHORIZING THE CHIEF FINANCIAL OF- FICER TO MAKE THE APPROPRIATE IN- TERFUND TRANSFERS OF SUMS AND RECORD THE SAME IN THE APPROPRI- ATE MANNER FOR THE FY 2024 FOR THE CITY OF DUBUQUE, IA. Whereas, Iowa Administrative Rules Code Section 545-2.5(5) implements Iowa Code Section 384.18 and provides that the City Council shall approve all transfers of moneys from one budgeted fund to another budgeted fund as provided in Iowa Administrative Rules Code Section 545-2.5(5). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. Authorize the Chief Financial Of- ficer to Transfer Funds. That the Chief Finan- cial Officer be and is hereby authorized by the City Council to make the appropriate interfund transfer of sums and record the same in the appropriate manner for FY 2024. Section 2. Transfer of Funds. That the Chief Financial Officer will transfer the follow- ing sums and to record the same in the appro- priate manner: 1. Transfer from the Special Assess- ments Special Revenue Fund to the General Fund $9,125.57 to reimburse previously assessed sidewalk im- provements. 2. Transfer from Special Assessments Special Revenue Fund to the Street Construction Fund $28,541.12 to reim- burse previously assessed street im- provements. 3. Transfer from Special Assessments Special Revenue Fund to the Road Use Tax Fund $3,388.25 to reimburse previously assessed street improve- ments. 4. Transfer from the Special Assess- ments Special Revenue Fund to the Page 321 of 1311 Book 154 Regular Session, August 5, 2024 235 Sales Tax Increment Fund $44,022.46 to reimburse previously assessed street improvements. 5. Transfer from Special Assessments Special Revenue Fund to the Sanitary Sewer Capital Enterprise Fund $1,053.18 to reimburse previously as- sessed water improvements. 6. Transfer from Special Assessments Special Revenue Fund to the Storm - water Capital Enterprise Fund $652.10 to reimburse previously assessed stormwater improvements. Passed, approved and adopted this 5t' day of August 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Request for Proposal (RFP) for Financial Services: Upon motion the documents were received, filed, and approved. 7. September/October 2024 City News Newsletter: Upon motion the documents were received and filed. 8. Community Development Block Grant (CDBG) FY2024 Annual Action Plan Amend- ment #3 Non -Substantial Amendment: Upon motion the documents were received and filed, and Resolution No. 234-24 Adopting the Fiscal Year 2024 (Program Year 2023) Community Development Block Grant (CDBG) Annual Action Plan Amendment #3 Non -Substantial Amendment was adopted. RESOLUTION NO. 234-24 ADOPTING THE FISCAL YEAR 2024 (PRO- GRAM YEAR 2023) COMMUNITY DEVEL- OPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN AMENDMENT #3 NON - SUBSTANTIAL AMENDMENT 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 addressing housing and non -housing needs in the community; and Whereas, the Community Development Advisory Commission held a public meeting on July 17, 2024, to receive community input on the Third Non -Substantial Amendment to the Fiscal Year 2024 (Program Year 2023) Com- munity Development Block Grant Annual Ac- tion Plan; and Whereas, the Community Development Advisory Commission unanimously recom- mended the City Council approve Amendment #3 Non -Substantial Amendment to the Fiscal Year 2024 (Program Year 2023) Community Development Block Grant Annual Action Plan on July 17, 2024. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the Community Develop- ment Block Grant Fiscal Year 2024 (Program Year 2023) Annual Action Plan Amendment #3 Non -Substantial Amendment, attached hereto and by this reference made a part hereof, is hereby approved. Section 2. That the Mayor of the City of Dubuque is hereby authorized to execute the Fiscal Year 2024 (Program Year 2023) Annual Action Plan Amendment #3 Non -Substantial Amendment for the use of Community Devel- opment Block Grant funds based on this adopted budget and execute standard con- tracts and agreements. 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, IA. Passed, approved, and adopted this 5'h day of August 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 9. PL84-99 Rehabilitation of Damaged Flood Control Works, Mississippi River Basin, City of Dubuque, IA. Flood Risk Management System, Dubuque County, IA. 2023 Flood Event: City Manager provided for entry into the public record, the Notice to Proceed from the Department of the Army, Corps of Engineers (USACE) for the acquisition of any real estate rights for the rehabilitation of the flood control works, as set forth in the Cooperation Agree- ment entered into on October 25, 2023, be- tween the U.S. Army Corps of Engineers and the City of Dubuque, IA. Flood Risk Manage- ment System. Upon motion the documents were received and filed. 10. Acceptance of a Storm Water Deten- tion Basin Access Easement from Drake House South, LLC over property at 3100 Ce- dar Crest Ridge in Dubuque: Upon motion the documents were received and filed, and Reso- lution No. 235-24 Accepting a Grant of Storm Water Detention Basin Access Easement through, over and across part of Lot 2 of Cedar Ridge Farm Place # 10, in the City of Dubu- que, IA. was adopted. RESOLUTION NO. 235-24 ACCEPTING A GRANT OF STORM WATER DETENTION BASIN ACCESS EASEMENT THROUGH, OVER AND ACROSS PART OF LOT 2 OF CEDAR RIDGE FARM PLACE # 10, IN THE CITY OF DUBUQUE, IA. Whereas, Drake House South, LLC has executed a Storm Water Detention Basin Ac- Page 322 of 1311 Book 154 Regular Session, August 5, 2024 236 cess Easement through, over and across Part of Lot 2 of Cedar Ridge Farm Place # 10, in the City of Dubuque, IA. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The City Council of the City of Dubuque, IA., hereby approves of, accepts and consents to the Grant of Storm Water De- tention Basin Access Easement through, over and across Part of Lot 2 of Cedar Ridge Farm Place # 10, in the City of Dubuque, IA. from Drake House South, LLC, a copy of which is attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 5th day of August 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 11. Acceptance of a Grant of Easement for Water Main Utility over Callahan Construction, Inc. property in the City of Dubuque, IA. as part of the Water Department's Water Main Creek Crossing Project: Upon motion the doc- uments were received and filed, and Resolu- tion No. 236-24 Accepting a Grant of Ease- ment for Water Main Utility through, over and across part of Lot 2 of Callahan Place, City of Dubuque, IA. was adopted. RESOLUTION NO. 236-24 ACCEPTING A GRANT OF EASEMENT FOR WATER MAIN UTILITY THROUGH, OVER AND ACROSS PART OF LOT 2 OF CALLA- HAN PLACE, CITY OF DUBUQUE, IA. Whereas, Callahan Construction, Inc., has executed a Grant of Easement for Water Main Utility through, over and across part of Lot 2 of Callahan Place, in the City of Dubuque, IA. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The City Council of the City of Dubuque, IA., hereby approves of, accepts and consents to the Grant of Easement for Water Main Utility through, over and across part of Lot 2 of Callahan Place, in the City of Dubuque, IA. as shown on the Grant of Ease- ment for Water Main Utility, from Callahan Construction, Inc., a copy of which is attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Section 3. The City Clerk is hereby 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 5th day of August 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 12. 2024 Airport ADA Ramp Replacement Award Recording Memo: Upon motion the documents were received and filed, and Reso- lution No. 237-24 Awarding Public Improve- ment Construction Contract for the 2024 Air- port ADA Ramp Replacement Project was adopted. RESOLUTION NO. 237-24 AWARDING PUBLIC IMPROVEMENT CON- STRUCTION CONTRACT FOR THE 2024 AIRPORT ADA RAMP REPLACEMENT PROJECT Whereas, sealed informal bid proposals have been submitted by contractors for the 2024 ADA Sidewalk Curb Ramp Project Three, (the Project) and Notice to Bidders published on the City of Dubuque, IA. website and plan room service with statewide circulation on the 7th day of June 2024; and Whereas, said sealed proposals were opened and read on the 20th day of June 2024 and it has been determined that Midwest Con- crete, Inc. of Peosta, IA submitted the low bid in the amount of $58,987.40, and is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That a Public Improvement Construction 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 5th day of August 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 13. Pickett Street Rehabilitation Ac- ceptance of Public Improvement Project & Establishing the Final Schedule of Assess- ments: Upon motion the documents were re- ceived and filed, and Resolution No. 238-24 Accepting the Pickett Street Rehabilitation Project and Authorizing the Payment of the Contract Amount to the Contractor and Reso- lution No. 239-24 Adopting the Final Assess- ment Schedule for the Pickett Street Rehabili- tation Project were adopted. Page 323 of 1311 Book 154 Regular Session, August 5, 2024 237 RESOLUTION NO. 238-24 ACCEPTING THE PICKETT STREET REHA- BILITATION PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for Pickett Street Rehabilitation Project (the Project) has been completed by the Contrac- tor, Valentine Construction Co., LLC of Dubu- que, IA (Contractor) and the City Engineer has examined the work and filed a certificate stat- ing that the Project has been completed ac- cording to the terms of the Public Improvement Contract and that the City Engineer recom- mends that the Project be accepted; and Whereas, the final contract amount for the Project is $64,172.30; and Whereas, the Contractor has previously been paid $58,500.00, leaving a balance of $5,672.30; 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, IA.: 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 for the bal- ance of the retainage of $5,672.30 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 August 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 239-24 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE PICKETT STREET REHABILITATION PROJECT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. After full consideration, the Final Schedule of Assessments as shown on the attached sheet(s), Page 1 to Page 1 inclusive is hereby approved for the Pickett Street Re- habilitation 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 Final 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 pro- visions 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, IA., 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 owners whose property is subject to assess- ment, 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, IA., at any time within 30 days after the date of the first notice of the Final Sched- ule of Assessments. Thereafter, unpaid as- sessments of $500.00 or more are payable in 15 annual installments at the County Treasur- er's Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, IA., and will draw annual interest at three percent (3%) comput- ed to December 1 next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each in- stallment 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 de- linquent from the second business day of Oc- tober. Delinquent installments will draw the same delinquent interest as ordinary taxes. Property owners may elect to pay any annual installments semi-annually in advance. Passed, approved and adopted this 5th day of August 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 14. Locust Street Parking Ramp Repairs Project Award Construction Contract: Upon motion the documents were received and filed, and Resolution No. 240-24 Awarding Public Improvement Contract for the Locust Street Parking Ramp Repairs Project was adopted. RESOLUTION NO. 240-24 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE LOCUST STREET PARK- ING RAMP REPAIRS PROJECT Whereas, sealed proposals have been submitted by contractors for the Locust Street Parking Ramp Repairs Project, (the Project) pursuant to Resolution No. 219-24 and Notice to Bidders published on the City of Dubuque, IA. website and plan room service with Page 324 of 1311 Book 154 Regular Session, August 5, 2024 238 statewide circulation on the 3rd day of July 2024; and Whereas, said sealed proposals were opened and read on the 23,d day of July 2024 and it has been determined that Restoration & Renovation Services, LLC of Dubuque, IA., in the bid amount and alternative of $278,980.00, is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: That a Public Improvement Contract for the Project is hereby awarded to Restoration & Renovation Services, LLC and the City Man- ager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, approved, and adopted this 5th day of August 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 15. Pre -Annexation Agreement with David and Randa Chesney and Kellhoff Properties, LLC Located at 10684 Key West Dr.: Upon motion the documents were received and filed, and Resolution No. 241-24 Approving a Pre - Annexation Agreement between the City of Dubuque, IA. and David and Randa Chesney and Kellhoff Properties, LLC was adopted. RESOLUTION NO. 241-24 APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IA. AND DAVID AND RANDA CHESNEY AND KELLHOFF PROPERTIES, LLC Whereas, David and Randa Chesney and Kellhoff Properties, LLC, the owners of the following described property located at 10684 Key West Drive in Dubuque County, IA. (the Property) have submitted to the City Council of the city of Dubuque an application for volun- tary annexation of the Property to the City of Dubuque: Lot 35, and the Northerly 35 Feet of Lot 34 in the City of Key West, Iowa, accord- ing to the recorded plat thereof, subject to easements of record Whereas, David and Randa Chesney and Kellhoff Properties have entered into a Pre - annexation Agreement with the City of Dubu- que, a copy of which is attached hereto gov- erning 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, IA. 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 annexation of the Property is in the public in- terest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The Pre -annexation Agreement by David and Randa Chesney and Kellhoff Properties, LLC and the City of Dubuque is hereby approved. Passed, approved and adopted this 5th day of August 2024. Brad Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 16. Award of Public Improvement Con- struction Contract for Jefferson Park Retaining Wall Replacement Project: Upon motion the documents were received and filed, and Reso- lution No. 242-24 Awarding the Public Im- provement Construction Contract for the Jef- ferson Park Retaining Wall Replacement Pro- ject was adopted. RESOLUTION NO. 242-24 AWARDING THE PUBLIC IMPROVEMENT CONSTRUCTION CONTRACT FOR THE JEFFERSON PARK RETAINING WALL RE- PLACEMENT PROJECT Whereas, sealed proposals have been submitted by contractors for the Jefferson Park Retaining Wall Replacement Project, pursuant to Resolution No. 218-24 and Notice to Bid- ders on the 8th day of July 2024; and Whereas, said sealed proposals were opened and read on the 18th day of July 2024, and it has been determined that Eastern Iowa Excavating and Concrete, LLC of Dubuque, IA., with a bid in the amount of $204,331.40, is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That a Public Improvement Con- tract for the Project is hereby awarded to Eastern Iowa Excavating and Concrete, LLC and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, approved, and adopted this 5th day of August 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk Page 325 of 1311 Book 154 Regular Session, August 5, 2024 239 17. Notice of Award & Request to Execute Agreement for 24-25 City of Dubuque Ameri- Corps Program: Creating Opportunities: Upon motion the documents were received, filed, and approved. 18. City Fiscal Year 2025 Update to Dubu- que County Resource Enhancement and Pro- tection Program (REAP) 5-Year Plan: Upon motion the documents were received, filed, and approved. 19. Greater Dubuque Development Corpo- ration 2023-2024 Annual Report: Upon motion the documents were received and filed. 20. Signed Contract(s): Origin Design Co. for professional services; Comiskey Park En- gagement, Design, Construction Management and Grant Administration Services Amend- ment #3 with Saiki Design. Upon motion the documents were received and filed. 21. Approval of Retail Tobacco, Alternative Nicotine, and Vapor Product Permit Applica- tions: Upon motion the documents were re- ceived and filed, and Resolution No. 243-24 Approving applications for retail permits to sell Tobacco, Tobacco Products, Alternative Nico- tine Products, and Vapor Products, as required by Iowa Code §453A.47A was adopted. RESOLUTION NO. 243-24 APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES / NICO- TINE / VAPOR PERMITS, AS REQUIRED BY IOWA CODE 453A.47A Whereas, applications for Ciga- rette/Tobacco/Nicotine/Vapor Permit Sales have been submitted and filed with the City Clerk; and Whereas, the applicants have filed the proper application and fees as required by the Iowa Department of Revenue; and Whereas, the Iowa Department of Reve- nue requires all applications be approved by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. THAT: Section 1. The City Clerk is hereby author- ized and directed to cause to be issued the following named applicants and locations for Cigarette/Tobacco/Nicotine/Vapor retail permit. Effective from: July 6, 2024, to June 30, 2025 Business Name, Business Address United Cigar and Tobacco, 333 East loth Street Passed, approved, and adopted this 5th day of August 2024. 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 to Approve Contract with Tucktara, LLC for Construction of a Sin- gle -Family Home on a City -Owned Infill Lot at 2527 Washington Street: Upon motion the documents were received and filed and Reso- lution No. 244-24 Construction of a Single - Family Home on a City -Owned Infill Lot Locat- ed at 2527 Washington Street, 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 August 19, 2024 in the Historic Federal Building. RESOLUTION NO. 244-24 CONSTRUCTION OF A SINGLE-FAMILY HOME ON A CITY -OWNED INFILL LOT LO- CATED AT 2527 WASHINGTON STREET, SETTING A TIME AND PLACE FOR HEAR- ING, AND PROVIDING FOR THE PUBLICA- TION OF NOTICE THEREOF Whereas, the City of Dubuque, IA. (City) owns 2527 Washington Street (the Property) legally described as: Lot 29 in E. Langworthy's Addition of Part of Mineral Lot 320 in the City of Dubu- que, IA., according to the recorded plat thereof; and Whereas, the City of Dubuque established a Local Housing Trust Fund which generates program income to contribute to low -moderate income housing activities as directed by the Local Housing Trust Fund Advisory Commit- tee; and Whereas, it is the recommendation of the Local Housing Trust Fund Advisory Committee to enter a contract with Tucktara, LLC, to con- struct a single-family home in accordance with the plans, specifications, terms and conditions set out in said Contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the City of Dubuque, IA., proposes to approve the contract for the above -described construction with Tucktara, LLC. Section 2. That the City Council shall con- duct a public hearing on the proposed project in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, IA. on the 19th day of August 2024, 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 attached Page 326 of 1311 Book 154 Regular Session, August 5, 2024 240 hereto, according to law. Passed, approved, and adopted this 5th day of August 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 2. Well No. 7 Rehabilitation Project 2024 - Phase 2 Initiate Public Bidding and Set the Public Hearing Date: Upon motion the docu- ments were received and filed and Resolution No. 245-24 The Well No. 7 Rehabilitation Pro- ject 2024 — Phase 2 - 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 Adver- tisement for Bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 19, 2024 in the Historic Feder- al Building. RESOLUTION NO. 245-24 THE WELL NO. 7 REHABILITATION PRO- JECT 2024 — PHASE 2, 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 ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The proposed plans, specifica- tions, form of contract and estimated cost for the Well No. 7 Rehabilitation Project 2024 - Phase 2 in the amount of $540,000, are here- by 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 19th day of August, 2024, at 6:30 p.m. in the Historic Federal Building Council Cham- bers (second floor) 350 W. 6th Street, Dubu- que, IA., at which time interested persons may appear and be heard for or against the pro- posed plans and specifications, form of con- tract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, IA., which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or esti- mated cost of the Project. Section 3. The Well No. 7 Rehabilitation Project 2024 - Phase 2 is hereby ordered to be advertised for bids for construction. Section 4. The amount of the security to accompany each bid shall be an amount which shall conform to the provisions of the Notice to Bidders hereby approved. Section 5. The City Water Department Di- rector is hereby directed to advertise for sealed bids for the construction of the im- provements 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 22nd day of August, 2024. 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 3rd day of September 2024, in the Historic Federal Building Council Cham- bers (second floor), 350 West 6th Street, Dubuque, IA. Passed, adopted and approved this 5th day of August 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Resolution of Necessity for the Pro- posed Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renew- al Area, Version 2024.1: Upon motion the doc- uments were received and filed and Resolution No. 246-24 Authorizing and directing the City Manager to prepare an Amended and Restat- ed Urban Renewal Plan, Version 2024.1, 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 2024.1, for said district was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 3, 2024 in the Historic Federal Building. RESOLUTION NO. 246-24 AUTHORIZING AND DIRECTING THE CITY MANAGER TO PREPARE AN AMENDED AND RESTATED URBAN RENEWAL PLAN, VERSION 2024.1, 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 2024.1, 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 redevelop- ment opportunities which will further the pur- poses and objectives of the Urban Renewal Plan; and Page 327 of 1311 Book 154 Regular Session, August 5, 2024 241 Whereas, City staff has recommended that the Urban Renewal Plan be further amended and restated to remove property from the North Kerper Subarea of 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, IA.: Section 1. That the City Manager is author- ized and directed to prepare an Amended and Restated Urban Renewal Plan, Version 2024.1, for the Greater Downtown Urban Re- newal District to accomplish the foregoing pur- poses and objectives, to include in such Amended and Restated Urban Renewal Plan, Version 2024.1, the removal of property from the North Kerper Subarea, any appropriate project activities and details, to determine an appropriate date for and conduct the consulta- tion process required by law with affected tax- ing entities concerning the proposed Amended and Restated Plan, Version 2024.1. 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 2024.1, for the Greater Downtown Urban Renewal District to be held on the 3rd day of September 2024, at 6:30 p.m. in the form attached hereto. The notice of said hearing shall generally identify the areas cov- ered by the proposed Amended and Restated Urban Renewal Plan, Version 2024.1, 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 ordinary mail to the affected taxing entities. Section 3. That the Economic Develop- ment Director is directed to send by ordinary mail a copy of the proposed Amended and Restated Urban Renewal Plan, Version 2024.1, the notice of public hearing, a notice of consultation, and, to the extent the Amended and Restated Urban Renewal Plan, Version 2024.1, includes the use of tax increment rev- enues for a public building, an analysis of al- ternative development and funding options for such public buildings, to the Dubuque Com- munity School District Board of Education and Dubuque County Board of Supervisors, as the affected taxing entities. Passed, approved and adopted this 5th day of August 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Resolution of Necessity for the Pro- posed Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renew- al Area, Version 2024.2: Upon motion the doc- uments were received and filed and Resolution No. 247-24 Authorizing and directing the City Manager to prepare an Amended and Restat- ed Urban Renewal Plan, Version 2024.2, 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 2024.2, for said district was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 3, 2024 in the Historic Federal Building. RESOLUTION NO. 247-24 AUTHORIZING AND DIRECTING THE CITY MANAGER TO PREPARE AN AMENDED AND RESTATED URBAN RENEWAL PLAN, VERSION 2024.2, 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 2024.2, 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 redevelop- ment opportunities which will further the pur- poses and objectives of the Urban Renewal Plan; and Whereas, City staff has recommended that the Urban Renewal Plan be further amended and restated to expand the District to include property to be designated as Hawthrone Street Subarea and Locust Street Subarea and to add projects to the Public Purpose Activities; 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, IA.: Section 1. That the City Manager is author- ized and directed to prepare an Amended and Restated Urban Renewal Plan, Version 2024.2, for the Greater Downtown Urban Re- newal District to accomplish the foregoing pur- poses and objectives, to include in such Amended and Restated Urban Renewal Plan, Version 2024.2, the addition of property to the District, any appropriate project activities and details, to determine an appropriate date for and conduct the consultation process required Page 328 of 1311 Book 154 Regular Session, August 5, 2024 242 by law with affected taxing entities concerning the proposed Amended and Restated Plan, Version 2024.2. 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 2024.2, for the Greater Downtown Urban Renewal District to be held on the 3rd day of September 2024, at 6:30 p.m. in the form attached hereto. The notice of said hearing shall generally identify the areas cov- ered by the proposed Amended and Restated Urban Renewal Plan, Version 2024.2, 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 ordinary mail to the affected taxing entities. Section 3. That the Economic Develop- ment Director is directed to send by ordinary mail a copy of the proposed Amended and Restated Urban Renewal Plan, Version 2024.2, the notice of public hearing, a notice of consultation, and, to the extent the Amended and Restated Urban Renewal Plan, Version 2024.2, includes the use of tax increment rev- enues for a public building, an analysis of al- ternative development and funding options for such public buildings, to the Dubuque Com- munity School District Board of Education and Dubuque County Board of Supervisors, as the affected taxing entities. Passed, approved and adopted this 5th day of August 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Community Development Block Grant FY25 Annual Action Plan Amendment #1 Set- ting A Public Hearing: Upon motion the docu- ments were received and filed and Resolution No. 248-24 Setting a Public Hearing on the Fiscal Year 2025 (Program Year 2024) Com- munity Development Block Grant (CDBG) An- nual Action Plan Amendment #1 was adopted setting a public hearing for a meeting to com- mence at 6:30 p.m. on September 16, 2024 in the Historic Federal Building. RESOLUTION NO. 248-24 SETTING A PUBLIC HEARING ON THE FISCAL YEAR 2025 (PROGRAM YEAR 2024) 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 2025 (Program Year 2024) Community Development Block Grant Annual Action Plan for inclusion in the City Budget addressing housing and non -housing needs in the community; and Whereas, the City desires to hold a public hearing to receive comment on the proposed first amendment to the Fiscal Year 2025 (Pro- gram Year 2024) Community Development Block Grant Annual Action Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the City Council will meet in the Historic Federal Building, Council Chambers, 2"d Floor, 350 West 6th Street, Dubuque, IA. at 6:30 p.m. on September 16, 2024, for the purpose of holding a public hear- ing and taking action to include the Fiscal Year 2025 (Program Year 2024) Community Devel- opment Block Grant Annual Action Plan Amendment #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 intent to review and take action on the Fiscal Year 2025 (Program Year 2024) Community Development Block Grant Annual Plan Amendment #1. Passed, approved, and adopted this 5th day of August 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 6. Resolution Setting Public Hearing for Private Lead Service Line Replacement Pilot Program State Revolving Fund (SRF) Loan - Environmental Review Bipartisan Infrastruc- ture Law State Revolving Fund (SRF): Upon motion the documents were received and filed and Resolution No. 249-24 State Revolving Fund (SRF) Loan - Environmental Review Private Lead Service Line Replacement Pilot Program - Set the Date for a Public Hearing of the City Council of the city of Dubuque, IA. on Approval of an Environmental Review as Pro- vided By SRF's Department of Natural Re- sources for the Private Lead Service Line Re- placement Pilot Program was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 16, 2024 in the His- toric Federal Building. RESOLUTION NO. 249-24 STATE REVOLVING FUND (SRF) LOAN - ENVIRONMENTAL REVIEW PRIVATE LEAD SERVICE LINE REPLACEMENT PILOT PROGRAM, SET THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. ON APPROVAL OF AN ENVIRONMENTAL REVIEW AS PRO- VIDED BY SRF'S DEPARTMENT OF NATU- RAL RESOURCES FOR THE PRIVATE LEAD SERVICE LINE REPLACEMENT PI- LOT PROGRAM Page 329 of 1311 Book 154 Regular Session, August 5, 2024 243 Whereas, the City of Dubuque is pursuing an engineered solution to reduce the number of private lead service lines in the City of Dubuque through an Iowa, State Revolving Fund assisted pilot program; and Whereas, as part of the SRF loan process, the City is required to complete an environ- mental review through the public hearing pro- cess; and Whereas, a discussion is to be held on the environmental impacts of the project; and Whereas, a transcript of the public hearing and a summary of public comments will be available for public review; and Whereas, before said obligations may be approved, Chapter 403 of the Code of Iowa requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meeting the City Council shall receive oral and/or written objections from any resident or property owner of said City to such proposed action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: 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 16th day of September 2024 at 6:30 p.m. Section 2. The City Clerk is hereby di- rected to cause at least one publication to be made of a notice of said meeting, in a news- paper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than thirty (30) days before the date of said hearing. At the hearing, any inter- ested person may appear and file objections to the environmental impact document or at- tachments relating to the project. Passed, adopted, and approved this 5th day of August 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk PUBLIC HEARINGS 1. Resolution Approving the Proposed Ur- ban Renewal Plan for the Mount Pleasant Place Housing Urban Renewal Area: Motion by Jones to receive and file the documents and adopt Resolution No. 250-24 Approving the Urban Renewal Plan for the Mount Pleas- ant Place Housing Urban Renewal Area. Se- conded by Wethal. Susan O'brien, 1585 Wood St., spoke about potential traffic and water impacts and requested a dialogue about these concerns via a neighborhood meeting or city point of contact. In response to the City Coun- cil's questions, City Manager Van Milligen pro- vided a summary of the earlier hearings held for the project and outlined the process of the design review team meetings. Van Milligen stated that anyone with questions could con- tact Associate Planner Shena Moon. The City Council and Van Milligen summarized the pro- cess and benefits of Tax Increment Financing (TIF). Motion carried 7-0. RESOLUTION NO. 250-24 APPROVING THE URBAN RENEWAL PLAN FOR THE MOUNT PLEASANT PLACE HOUSING URBAN RENEWAL AREA Whereas, by Resolution 220-24 on July 1, 2024, the City Council of the City of Dubuque, IA. authorized the preparation of an Urban Renewal Plan (the "Plan") for the Mount Pleasant Place 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 Io- wa 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, IA.: Section 1. That the Urban Renewal Plan for the Mount Pleasant Place 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, IA. 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 August 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk PUBLIC INPUT Kathy Gorman, 3005 Jackson St., spoke about concerns with the ongoing street clo- sures stemming from the 3000 Jackson Dubu- que Brewing and Malting Project and concerns regarding how the developer will be held ac- countable for property cleanup. Page 330 of 1311 Book 154 Regular Session, August 5, 2024 244 ACTION ITEMS 1. Tax Increment Ordinance for the Mount Pleasant Place Housing Urban Renewal Area: 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. 45-24 Providing That General Property Taxes Levied and Col- lected Each Year on all Property Located With- in the Mount Pleasant Place Housing Urban Renewal Area, in the City of Dubuque, County of Dubuque, State Of Iowa, by and for the Benefit of the State of Iowa, City Of Dubuque, County of Dubuque, Dubuque Community School District and Other Taxing Districts, be Paid to a Special Fund for Payment of Princi- pal and Interest On Loans, Monies Advanced to and Indebtedness, Including Bonds Issued or to be Issued, Incurred by said City in Con- nection with said Mount Pleasant Place Hous- ing Urban Renewal Area. Seconded by Farber. Motion carried 7-0. ORDINANCE NO. 45-24 PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE MOUNT PLEASANT PLACE 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 DUBU- QUE, DUBUQUE COMMUNITY SCHOOL DISTRICT AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAY- MENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND IN- DEBTEDNESS, INCLUDING BONDS IS- SUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH SAID MOUNT PLEASANT PLACE HOUSING UR- BAN RENEWAL AREA Whereas, the City Council of the City of Dubuque, IA., after public notice and hearing as prescribed by law and pursuant to Resolu- tion No. 250-24 passed and approved on the 5th day of August, 2024, adopted an Urban Renewal Plan (the "Urban Renewal Plan") for an urban renewal area known as the Mount Pleasant Place Housing Urban Renewal Area (the "Urban Renewal Area"); and Whereas, expenditures and indebtedness are anticipated to be incurred by the City of Dubuque, IA. 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, IA. desires to provide for the division of revenue from taxation in the Urban Renewal Area, as above described, in accordance with the provisions of Section 403.19 of the Code of Iowa, as amended, and the Urban Renewal Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. For purposes of this Ordinance, the following terms have the following mean- ings: (a) Urban Renewal Project Area shall in- clude that area described as follows: Lot 2 of Mount Pleasant Place; and Lots 55, 56, 57, and 58 of Rosedale Addition; and Lots 8, 9. 10, and 11 of the Subdivi- sion of Lot 3 of the Subdivision of Mineral Lot No. 178; and Lot 12 of Lot 3 of Mineral Lot 178; and All of the 40' street right of way lying south of Lots 55, 56, 57, and 58 of Rosedale Addition and lying east of the right of way of Wood Street. All in the City of Dubuque, IA. (b) Urban Renewal Plan shall mean the Urban Renewal Plan for the Mount Pleasant Place Housing Urban Renewal Area, approved by Resolution No. 250- 24 on August 5, 2024, 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 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 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, 2026, being January 1 of the calendar year preceding the first calendar year in which the City of Dubuque is expected to certify to the County Auditor the amount of loans, advances, indebtedness, or bonds pay- able from the division of property tax revenue described herein, shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for the taxing district into which all other property tax - Page 331 of 1311 Book 154 Regular Session, August 5, 2024 245 es 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 provid- ed in Section 3 of this Ordinance shall be allo- cated to and when collected be paid into a special tax increment fund of the City of Dubu- que, IA. hereby established, to pay the princi- pal of and interest on loans, monies advanced to, indebtedness, whether funded, refunded, assumed or otherwise, including bonds or ob- ligations issued under the authority of Section 403.9 or 403.12 of the Code of Iowa, as amended, incurred by the City of Dubuque, IA., to finance or refinance, in whole or in part, urban renewal projects undertaken within the Urban Renewal Area pursuant to the Urban Renewal Plan, except that (i) taxes for the regular and voter -approved physical plant and equipment levy of a school district imposed pursuant to Iowa Code Section 298.2 and tax- es for the instructional support program of a school district imposed pursuant to Iowa Code Section 257.19 (but in each case only to the extent required under Iowa Code Section 403.19(2)); (ii) taxes for the payment of bonds and interest of each taxing district; (iii) taxes imposed under Iowa Code Section 346.27(22) related to joint county -city buildings; and (iv) any other exceptions described in Section 403.19 shall be collected against all taxable property within the Urban Renewal Project Area without any limitation as hereinabove provided. Section 5. Unless or until the total as- sessed valuation of the taxable property in the Urban Renewal Project Area exceeds the total assessed value of the taxable property in the Urban Renewal Area as shown by the as- sessment rolls referred to in Section 3 of this Ordinance, 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, IA. referred to in Section 4 hereof have been paid, all monies thereafter received from taxes upon the taxa- ble 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 Ordinance are hereby repealed. The provi- sions of this Ordinance are intended and shall be construed so as to fully implement the divi- sion of taxes from taxable property in the Ur- ban Renewal Area under the provisions of Section 403.19 of the Code of Iowa. In the event that any provision of this Ordinance shall be determined to be contrary to law it shall not affect other provisions or application of this Ordinance which shall at all times be con- strued to fully invoke the provisions of Section 403.19 of the Code of Iowa with reference to the Urban Renewal Area and the territory con- tained therein. Section 8. This Ordinance shall be in effect after its final passage, approval and publica- tion as provided by law. Passed and approved this 5th day of Au- gust 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Contract with Neighborly Software for Community Development Project Management Software as a Service: Motion by Roussell to receive and file the documents and adopt Resolution No. 251-24 Authorizing Execution of Software as a Service Contract with Neigh- borly Software. Seconded by Wethal. Re- sponding to a question from the City Council, Housing and Community Development Direc- tor Alexis Steger summarized the software and its integration with Federal Housing and Urban Development systems. Motion carried 7-0. RESOLUTION NO. 251-24 AUTHORIZING EXECUTION OF SOFTWARE AS A SERVICE CONTRACT WITH NEIGH- BORLY SOFTWARE Whereas, the Housing and Community Development Department administers com- munity development programs funded by mul- tiple funding sources; and Whereas, the automation and streamlining of program data will create efficiencies in work- flow of programs and staff capacity; and Whereas, funding for software has been identified, approved, and a sustainability plan created for this software. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the contract with Neighbor- ly Software be approved. Section 2. That the Housing and Communi- ty Development Department Director is hereby authorized and directed to execute said Agreement and related documents on behalf of the City of Dubuque, IA. Passed, approved, and adopted this 5th day of August 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 3. Quarterly Rental Licensing & Inspections Update and Presentation of Proposed Pro- gram Changes: Motion by Roussell to receive Page 332 of 1311 Book 154 Regular Session, August 5, 2024 246 and file the documents, approve the modified rental inspection program, and view the presentation. Seconded by Jones. Deputy Code Official Ben Pothoff and Housing and Community Development Director Alexis Steger made a presentation on the proposed changes. Responding to questions from the City Council regarding community feedback, Ms. Steger and Mr. Pothoff stated that the proposed changes were well received by both the Dubuque Landlord Association and Iowa CCI. Ms. Steger also outlined the strategy for notifying landlords about the new program, explained how audit inspections will be con- ducted, and discussed the possible staffing impacts resulting from increased development. In response to a City Council question, City Attorney Brumwell and Ms. Steger clarified why program changes would not be codified. They explained that keeping the authority with the city manager for such changes provides the flexibility needed to make necessary ad- justments. In response to a City Council com- ment suggesting that carbon monoxide detec- tors be required, Ms. Steger noted that these detectors are currently required in accordance with international codes. City Council Members commended city staff for the program changes and responding to community concerns on the rental inspection cycle. Motion carried 7-0. 4. Work Session Request: Regional Work- force Landscape and Imagine Dubuque Com- prehensive Plan: Motion by Resnick to receive and file the documents and schedule the work session for August 19, 2024, from 5:15 — 6:00 p.m. with the Imagine Dubuque Comprehen- sive Plan work session immediately following. Seconded by Jones. Motion carried 7-0. 5. Transition Timeline and Request for Work Session for New City Council Agenda Management Software: Motion by Roussell to receive and file the documents and schedule the work session for September 16, 2024, at 6:00 p.m. Seconded by Wethal. City Clerk Breitfelder announced that the city plans to tentatively transition to CivicPlus's Agenda and Meeting Management Select software for city council agendas starting with the City Council meeting on October 7, 2024. Motion carried 7- 0. 6. Creating Housing Opportunities Updated Handout and Video: Motion by Resnick to re- ceive and file the documents and view the video. Seconded by Farber. Public Information Office staff showed a video highlighting pro- gress on multiple projects. The video can also be viewed at: https://youtu.be/TiSyWgX6PDM. Motion carried 7-0. 7. Next Level Savings Program Video: Mo- tion by Resnick to receive and file the docu- ments and view the video. Seconded by Wethal. Public Information Office staff showed a video on the Next Level Savings Program. The video can also be viewed at: https://Voutu.be/UZeQ--BH BPI?si=RN Dpw- OE6SPfJ2ma. Motion carried 7-0. 8. 2024 Asphalt Overlay Program Video: Motion by Resnick to receive and file the doc- uments and view the video. Seconded by Far- ber. Public Information Office staff showed a video on the Public Works Department's 2024 Asphalt Overlay Program. The video can also be viewed at https://voutu.be/H2QF4vplMvQ. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Jones reported on travel- ing to Altoona for the Community of Character Award Ceremony. Council Member Farber reported on visit- ing Google's headquarters as part of her ser- vice on the National League of Cities Artificial Intelligence (AI) Committee. City Manager Van Milligen stated that Ms. Farber's Al committee recommended reading "The Alignment Prob- lem." Council Member Roussell reported on at- tending the Multicultural Family Center's Summer Teen Empowerment Program gradu- ation ceremony and Greater Dubuque Devel- opment Corporation's (GDDC) annual meet- ing. Council Member Wethal reported on meet- ing with members of the Dubuque Black Men's Coalition and Mt. Carmel Bluffs, respectively. Ms. Wethal also reported on attending the Back to School Bash. Council Member Resnick reported on at- tending the Baseball Extravaganza event at the Mircale League of Dubuque Complex. Mayor Cavanagh reported on the upcom- ing National Night Out event, welcoming Con- gresswoman Ashley Hinson to Dubuque, wel- coming a team from the American Flood Coali- tion, and GDDC's annual meeting. Council Member Sprank also reported on National Night Out and working with residents of Alpine Mobile Home Park to form a neigh- borhood association. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 8:33 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 Page 333 of 1311 247 Special Session, August 14, 2024 Book 154 City Attorney Brumwell. Motion carried 7-0. The City Council reconvened in open ses- sion at 9:22 p.m. stating that staff had been given proper direction. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 9:22 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 5:00 p.m. on August 14, 2024, 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 Attorney Brumwell. Mayor Cavanagh read the call and stated this is a special session of the City Council called for the purpose of setting a public hear- ing for a development agreement with Kinseth Hospitality Company, Inc. ITEMS SET FOR PUBLIC HEARING Motion by Jones to receive and file the documents, adopt the resolution, and set the public hearing as indicated. Seconded by Far- ber. Motion carried 7-0. 1. Setting Public Hearing for a Proposed Development Agreement between the City of Dubuque, IA. and Kinseth Hospitality Compa- ny, Inc.: Upon motion the documents were received and filed and Resolution No. 252-24 (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) deter- mining that the offer to purchase submitted by Kinseth Hospitality Company, 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 Kinseth Hospitality Company, Inc.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 September 16, 2024 in the Historic Federal Building. RESOLUTION NO. 252-24 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 KINSETH HOSPI- TALITY COMPANY, INC. SATISFIES THE Page 334 of 1311 Book 154 Regular Session, August 5, 2024 248 OFFERING REQUIREMENTS WITH RE- SPECT TO THE REAL PROPERTY AND IM- PROVEMENTS AND DECLARING THE IN- TENT OF THE CITY COUNCIL TO APPROVE THE SALE TO KINSETH HOSPITALITY COMPANY, INC.IN THE EVENT THAT NO COMPETING PROPOSALS ARE SUBMIT- TED; AND (3) SOLICITING COMPETING PROPOSALS Whereas, the City Council of Dubuque, IA., did on December 18, 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, Kinseth Hospitality Company, Inc. ("Developer") has submitted to the City a proposal in the form of an offer to purchase (the "Development Agreement") for the pur- chase of certain City -owned real property hereinafter described ("the Property"), which Development Agreement proposes the Devel- oper will undertake the construction of a build- ing located immediately north of Ice Harbor Drive and along East 5th Street as described therein, which Property is the real estate con- sisting of approximately 2 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 statutory requirements of Iowa Code Chapter 403, specifically, Section 403.8, and to assure that the City extends a full and fair opportunity to all developers interested in submitting a proposal, a summary of submission require- ments and minimum requirements and com- petitive criteria for the Property offering is in- cluded herein; and Whereas, said Developer has signed a Development Agreement with the City, current- ly 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 proposal for the sale and development of the Property, this Council should by this Resolu- tion: 1) Set the fair market value of the 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 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 Develop- ment 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 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 en- ter 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 Proper- ty as set forth herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the Property shown on Ex- hibit A attached 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 pur- poses of this resolution is hereby deter- mined to be $800,000; 2) States the number of hotel rooms that will be created in the proposal's project; 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 4) Meets, at a minimum, the terms and conditions of the Development Agree- ment submitted by the Developer includ- ing an agreement to invest approximately $30,000,000 to complete construction of the 160 hotel rooms in the building. 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 De- velopment Agreement shall be deemed to be illustrative of the terms acceptable to the City Page 335 of 1311 Book 154 Regular Session, August 5, 2024 249 with respect to: 1) Timely completion of the construction project; 2) Construction of minimum improvements; 3) Developer and City obligations; and 4) 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, financial 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 attached Development Agreement submitted by the Developer and, in the event no other qualified proposals are timely submitted, shall resubmit the Development Agreement to the City Coun- cil for final approval and execution upon expi- ration of the notice hereinafter prescribed. Section 8. That the action of the City Council be considered to be and does hereby constitute notice to all concerned of the inten- tion of this Council, in the event that no other qualified proposals are timely submitted, to accept the proposal of the Developer to pur- chase the Property shown on Exhibit A and to approve the Development Agreement by and between City and 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 without 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 Herald, a newspaper having a general circula- tion in the community, by publication of the text of this Resolution on or before the 15th day of August 2024. 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., September 16, 2024, in the Office of the City Clerk, located on the first floor at City Hall, 50 West 13th Street, Dubuque, IA. 52001. Each proposal will be opened at the hour of 10:00 a.m. in City Hall, Dubuque, IA. on Sep- tember 16, 2024. Said proposals will then be presented to the City Council at 5:00 p.m., (same date as opening), 2024, at a meeting to be held in the City Council Chambers, Historic Federal Building at 350 West 6th Street, Dubuque, IA. 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 reasona- ble 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 substantial 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, IA. to receive proposals for the sale of the Property on that date and ac- cording to the procedure hereinabove speci- fied for receipt of such proposals and to pro- ceed at such time to formally acknowledge receipt of each of such proposal by noting the receipt of same in the Minutes of the Council; that the City Manager is hereby authorized and directed to make preliminary analysis of each such proposal for 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 described herein, the Developer shall be al- lowed to amend its proposal in response there- to and to deliver same to the City Manager, by no later than a date determined by the City Council. In such event, the Council shall schedule a subsequent meeting to be held by the City Manager at which there shall be a bid - off conducted by the City Manager. During such bid -off, each competing bidder shall bid against the other, starting with the second pro- posal received and continuing until such time as each bidder shall decline to improve its proposal to acquire and redevelop the Proper- ty 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 quali- fied proposal is timely submitted and accepted by the City, another and further notice shall be published of the intent of the City of Dubuque, IA., to enter into the resulting agreement, as required by law. Passed, approved and adopted this 14th day of August 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk Page 336 of 1311 250 Special Session, August 19, 2024 Book 154 There being no further business, Mayor Cavanagh declared the meeting adjourned at 5:01 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 5:15 p.m. on August 19, 2024, in the second -floor Council Chambers of the His- toric Federal Building, 350 W. 6th Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones (arrived at 5:18 p.m.), Resnick, Roussell, Sprank, Wethal; City Man- ager Van Milligen (arrived at 5:18 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 work ses- sions on the Regional Workforce Landscape and Imagine Dubuque. WORK SESSIONS 1. Regional Workforce Landscape and Other Initiatives Rick Dickinson, President and CEO of Greater Dubuque Development Corporation, and Nic Hockenberry, Director of Workforce Programming, presented information on the regional workforce landscape and initiatives, and addressed a question about essential amenities for workforce attraction. The work session initially concluded at 6:01 p.m. but was reopened after the Imagine Dubuque Update session ended. 2. Imagine Dubuque Update Planning Services Director Wally Werni- mont and Assistant Planner Jason Duba pre- sented an update on the comprehensive plan: Imagine Dubuque 2037: A Call to Action. This work session concluded at 6:19 p.m. Due to additional time remaining after the Imagine Dubuque Update work session, Mr. Dickinson presented on broadband initiatives from 6:20 p.m. to 6:24 p.m. There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:24 p.m. /s/Adrienne N. Breitfelder, City Clerk Page 337 of 1311 251 Regular Session, August 19, 2024 Book 154 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 19, 2024, in the second -floor Council Chambers of the His- toric Federal Building, 350 W. 6t' Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attorney Brumwell. Mayor Cavanagh read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE City Clerk Breitfelder announced that Item Set for Public Hearing #3 was removed from the meeting. PRESENTATION(S) 1. Iowa 2024 Community of Character Award Presentation: Scott Raecker, Executive Director of The Robert D. and Billie Ray Cen- ter at Drake University, presented the Iowa 2024 Community of Character Award. A video was also shown. PROCLAMATION(S) 1. The University of Dubuque Aviation Day (August 19, 2024) was accepted by University of Dubuque President Travis Frampton on behalf of the University of Dubuque. 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: Airport Commission of April 23, 2024; Arts and Cul- tural Affairs Advisory Commission of June 25, 2024; City Council Proceedings of July 29 and August 5, 2024; Housing Commission of Jan- uary 23, 2024; Resilient Community Advisory Commission of April 4 and July 11, 2024; Zon- ing Advisory Commission of July 2, 2024, Proof of Publication for City Council Proceed- ings of July 15, 2024. Upon motion the docu- ments were received and filed. 2. Notice of Claims and Suits: Josh Heisdorf for vehicle damage; Jeff Jones for vehicle damage; Tishana Suiter for vehicle damage. 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: Camille Baker for vehicle damage; Julianne Geraghty for property damage; Rich- ard Powers for vehicle damage; William Sand Jr. for property damage; Tishana Suiter for vehicle damage. Upon motion the documents were received, filed, and concurred. 4. Approval of City Expenditures: Upon motion the documents were received and filed, and Resolution No. 253-24 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. 253-24 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 generally accepted internal control procedures and have been determined to have been req- uisitioned for a lawful municipal purpose; and Whereas, the Chief Financial Officer -City Treasurer has provided a list of Expenditures attached hereto, and by this reference made a part hereof, to be drawn to pay for goods and services provided for City purposes; and Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142-18 adopted May 7, 2018, authorized the Chief Financial Officer -City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. THAT: Section 1. The Chief Financial Officer -City Treasurer is hereby authorized to issue pay - Page 338 of 1311 Book 154 Regular Session, August 19, 2024 252 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 Financial Officer are hereby authorized and directed to provide the statement of receipts and disbursements to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 191h day of August 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Authorized Depository Institutions: Upon motion the documents were received and filed, and Resolution No.:254-24 Naming Deposito- ries was adopted. RESOLUTION NO. 254-24 RESOLUTION NAMING DEPOSITORIES Whereas, Chapter 12C.2 of the Code of Iowa states that the approval of a financial institution as a depository shall be by written resolution or order which shall be entered of record in the minutes of the approving board, and which shall distinctly name each deposito- ry approved, 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, IA.: Section 1. That the following financial insti- tutions are approved to be depositories of the City of Dubuque, IA. 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, IA. 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, IA., $60,000,000 Iowa Public Agency Investment Trust, West Des Moines, Iowa, $60,000,000 DuTrac Community Credit Union, Dubuque, IA., $60,000,000 U.S. Bank, Minneapolis, Minnesota, $40,000,000 Fidelity Bank & Trust, Dyersville, Iowa, $40,000,000 Dupaco Community Credit Union, Dubuque, IA., $40,000,000 Collins Community Credit Union, Cedar Rap- ids, Iowa, $40,000,000 Capra Bank, Dubuque, IA., $40,000,000 Green State Credit Union, North Liberty, Iowa, $40,000,000 Vibrant Credit Union, Moline, Iowa, $40,000,000 Premier Bank, Dubuque, IA., $40,000,000 Hometown Bank, Fond du Lac, Wisconsin, $250,000 Passed, approved and adopted this 19th day of August 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Application to ECIA for Brownfields As- sessment Funds for Newt Properties: Upon motion the documents were received, filed, and approved. 7. Radio Dubuque and Dubuque Jaycees Fireworks Request 2025: Correspondence from Perry Mason, General Manager for Radio Dubuque, requesting approval for Radio Dubuque and the Dubuque Jaycees to con- duct a fireworks display on July 3, 2025, from 9:00 p.m. to 10:30 pm. in conjunction with the closure of indicated streets and use of A.Y. McDonald Park as part of a special event re- quest. The rain date is July 4. Upon motion the documents were received, filed, and approved. 8. Rob McDonald Fireworks Permit: City Manager recommended City Council approval to issue a permit to Rob McDonald for a fire- works display on September 14, 2024, at his private residence, 3399 Roosevelt Street. Up- on motion the documents were received, filed, and approved. 9. New Ladder Truck - Static Display: City Manager transmitted that Fire Department staff plan to display the new 2024 Pierce ladder truck before the Tuesday, September 3rd City Council meeting starting at 5:45 p.m. in front of the Historic Federal Building on 6th Street. Up- on motion the documents were received and filed. 10. 3000 Jackson Dubuque Brewing and Malting Project Update: Upon motion the doc- uments were received and filed. 11. Signed Contract(s): Dubuque Commu- nity Schools for Before and After School Pro- gramming; Strand Associates, Inc for the Well No. 11 Source Water Project. Upon motion the documents were received and filed. Page 339 of 1311 Book 154 Regular Session, August 19, 2024 253 12. Stone Cliff Winery, Inc. Lease Agree- ment Approval: City Manager recommended City Council approval of a 2+ year lease agreement with the Stone Cliff Winery, Inc for a portion of the Alliant Amphitheater for an outdoor service patio. Upon motion the docu- ments were received, filed, and approved. 13. Approval of Retail Alcohol Licenses: Upon motion the documents were received and filed, and Resolution No. 255-24 Approv- ing applications for retail alcohol licenses, as required by City of Dubuque Code of Ordi- nances Title 4 Business and License Regula- tions, Chapter 2 Liquor Control, Article B Liq- uor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 255-24 APPROVING APPLICATIONS FOR RETAIL ALCOHOL LICENSES, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANC- ES 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 re- quirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. 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 The Goose, 920 Main St. The Fun Station Dubuque, 555 J. F. Kennedy Rd. Suite 400 Las Margaritas, 1091 Main St. Renewals Egelhof, Siegert & Casper Funeral Home, 2659 John F. Kennedy Rd. Hy-Vee 1 Market Cafe, 3500 Dodge St. Cafe Area Kwik Stop 72, 2255 Kerper Blvd. Los Aztecas Mexican Restaurant, 2700 Dodge St. National Mississippi River Museum & Aquari- um, 350 & 400 East Third St. Pete's Thai Kitchen, LLC, 609 East 22"d St. Texas Roadhouse, 845 Wacker Dr. Tri-State Independent Blind Society Inc., 1068 Cedar Cross Rd. West Dubuque Tap, 1701 Asbury Rd. Special Event(s) per Special Event Application Submittal, Provisional Issuances Jubeck New World Brewing - Every Wednes- day and Saturday from 7-1-24 to 10-30-24, Outdoor service area in connection to Farm- ers' Markets Dubuque Main Street - DBQ Fest; 8-7-24 to 8- 11-24, Washington Park Dimensional Brewing - 8-2-24 and 10-12-24, Amending outdoor service to include street area from West 1st St. to end of cul-de-sac Dubuque Jaycees - Millwork Night Market; 8-8- 24 to 8-12-24, East 7th to 9th & Jackson St plus East 8th to Elm St. Dubuque Main Street - Music and More; 8-12- 24 to 8-16-24, Town Clock Plaza Dubuque Irish Hooley; 8-22-24 to 8-26-24, Alliant Amphitheater Dubuque Jaycees - Church of the Resurrec- tion Annual Festival; 8-15-24 to 8-19-24, 4300 Asbury Rd. - Church Parking Lot Soat /Weber Wedding; 10-5-24 to 10-9-24, Alliant Amphitheater United Way of Dubuque Area Tri-State - Over the Edge; 10-12-24 to 10-16-24, 895 Main St. Permanent Premise Transfer Next Phase Bar, From 1700 Central Ave. to 600 Central Ave. Passed, approved, and adopted this 19th day of August 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 14. Approval of Retail Tobacco, Alternative Nicotine, and Vapor Product Permit Applica- tion: Upon motion the documents were re- ceived and filed, and Resolution No. 256-24 Approving applications for retail permits to sell Tobacco, Tobacco Products, Alternative Nico- tine Products, and Vapor Products, as required by Iowa Code §453A.47A was adopted. RESOLUTION NO. 256-24 APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES / NICO- TINE / VAPOR PERMITS, AS REQUIRED BY IOWA CODE 453A.47A Whereas, applications for Ciga- rette/Tobacco/Nicotine/Vapor Permit Sales have been submitted and filed with the City Clerk; and Whereas, the applicants have filed the proper application and fees as required by the Iowa Department of Revenue; and Whereas, the Iowa Department of Reve- nue requires all applications be approved by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Page 340 of 1311 Book 154 Regular Session, August 19, 2024 254 DUBUQUE, IA. THAT: Section 1. The City Clerk is hereby author- ized and directed to cause to be issued the following named applicants and locations for Cigarette/Tobacco/Nicotine/Vapor retail permit. Effective from: August 20, 2024, to June 30, 2025 Business Name, Business Address Sid's Beverage, 2727 Dodge St. Passed, approved, and adopted this 19'h day of August 2024. 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. Setting a Public Hearing for a First Amendment to Development Agreement by and between the City of Dubuque, IA. and CARich Properties, LLC to Redevelop Proper- ty at 1706 Central Avenue: Upon motion the documents were received and filed and Reso- lution No. 257-24 Fixing the date for a public hearing of the City Council of the City of Dubuque, IA. on a First Amendment to Devel- opment Agreement by and between the City of Dubuque, IA. and CARich Properties, LLC, including the proposed issuance of urban re- newal tax increment revenue obligations relat- ing 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 September 3, 2024 in the Historic Federal Building. RESOLUTION NO. 257-24 FIXING THE DATE FOR A PUBLIC HEAR- ING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. ON A FIRST AMEND- MENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IA. AND CARICH PROPERTIES, LLC, IN- CLUDING THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REV- ENUE OBLIGATIONS RELATING THERETO, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, City and CARich Properties, LLC entered into a Development Agreement, dated the 3rd day of August 2020, providing for a Fagade Grant, a Planning & Design 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 inter- ests of the City to approve the First Amend- ment to Development Agreement with CARich Properties, 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 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 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 DUBUQUE, IA.: 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 3rd day of September 2024, at 6:30 p.m. The official agenda will be posted on Friday, August 30, 2024, and will contain listening, viewing, and public input options. The City Council agenda may be accessed at https://cityofdubugue.Nov usagenda.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 Re- newal Tax Increment Revenue obligations and the execution of the First Amendment to De- velopment Agreement relating thereto with CARich Properties, LLC , the proceeds of which obligations will be used to carry out cer- tain of the special financing activities described in the Urban Renewal Plan for the Greater Downtown Urban Renewal District, consisting of the funding of economic developments grants to CARich Properties, LLC pursuant to the Development Agreement. It is expected that the aggregate amount of the Tax Incre- ment Revenue obligations to be issued will be approximately $106,000. 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 attached hereto. Page 341 of 1311 Book 154 Regular Session, August 19, 2024 255 Passed, approved and adopted this 19th day of August, 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Keymont Drive Pavement Rehabilitation Project: Upon motion the documents were received and filed and Resolution No. 258-24 Keymont Drive Pavement Rehabilitation Pro- ject: preliminary approval of plans, specifica- tions, form of contract, and estimated cost; setting date of public hearing on plans, specifi- cations, 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 September 3, 2024 in the Historic Federal Building. RESOLUTION NO. 258-24 KEYMONT DRIVE PAVEMENT REHABILI- TATION PROJECT, 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 ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The proposed plans, specifica- tions, form of contract and estimated cost for the Keymont Drive Pavement Rehabilitation Project in the estimated amount $327,635.00, 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 3rd day of September, 2024, at 6:30 p.m. in the Historic Federal Building Council Cham- bers 350 W. 6th Street, Dubuque, IA., at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general cir- culation in the City of Dubuque, IA., which no- tice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of con- tract, or estimated cost of the Project. Section 3. The Keymont Drive Pavement Rehabilitation Project is hereby ordered to be advertised for bids for construction. Section 4. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. Section 5. The City Engineer is hereby 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 contrac- tor plan room service with statewide circula- tion, 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 5th day of September 2024. 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 16th day of September 2024, in the Historic Federal Build- ing Council Chambers, 350 West 6th Street, Dubuque, IA. Passed, adopted and approved this 19th day of August 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Water Department Operations SCADA System Upgrade Project - Project Initiate and Set the Public Hearing: This item was removed from the meeting. 1. 1b9L�0l iTi L'[0I, b9 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. Historic Preservation Commission: Two, 3-Year terms through July 1, 2027 (Vacant At - Large terms of Cassill and Doyle). Applicants: Bill Doyle, 1591 White St.; Cole Hansen, 408 Burch St.; Heidi Pettitt, 3116 Central Ave. 2. Housing Commission: Two, 3-Year terms through August 17, 2027 (Expiring terms of Janes and Kehoe). Applicants: Ross Janes, 2741 Muscatine St.; Renee Kehoe, 1209 Lin- coln Ave. Mr. Janes spoke in support of his application. 3. Housing Trust Fund Advisory Commit- tee: Two, 3-Year terms through August 17, 2027 (Expiring terms of Becwar and Holz). Applicants: Michelle Becwar, 2115 Coates St.; Jim Holz, 3010 Indiana Crt. 4. Library Board of Trustees: One, 4-Year term through July 1, 2028 (Vacant term of Armstrong). Applicant: Tom Brennan, 3275 Cider Rdg. Mr. Brennan spoke in support of his application. 5. Long Range Planning Advisory Com- mission: One, 3-Year term through July 1, 2027 (Expired term of McGrath). Applicant: Beth McGrath, 2385 Clarke Crest Dr. Page 342 of 1311 Book 154 Regular Session, August 19, 2024 256 PUBLIC HEARINGS 1. 8301 Seippel Court Rezoning Request: 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 Sprank. Planning Ser- vices Director Wally Wernimont provided a staff report. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 46-24 Amending Title 16 of the City of Dubuque Code of Ordi- nances, Unified Development Code, by reclas- sifying hereinafter described property located at 8301 Seippel Court from CS Commercial Service and Wholesale District to C-3 General Commercial District. Seconded by Sprank. Motion carried 7-0. ORDINANCE NO. 46-24 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLAS- SIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 8301 SEIPPEL COURT FROM CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT TO C-3 GEN- ERAL COMMERCIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code, is hereby amended by reclassi- fying the hereinafter —described property from CS Commercial Service and Wholesale Dis- trict to C-3 General Commercial District, to wit: Lot 2 of Lot 3 in Seippel Road Commer- cial Park, Plat 2, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, IA. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, IA. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved and adopted this 191h day of August, 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Peru Road Rezoning Request: Motion by Roussell to receive and file the documents and that the requirement that a proposed ordi- nance be considered and voted on for pas- sage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Wethal. Planning Ser- vices Director Wally Wernimont provided a staff report. Responding to a question from the City Council, Mr. Wernimont stated that his department works with the engineering de- partment on statewide urban design and speci- fications (SUDAS). Motion carried 7-0. Motion by Roussell for final consideration and passage of Ordinance No. 47-24 Amend- ing Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located along Peru Road between Walker and Toledo Street (Pins 1012183002, 1012183005, 1012183008, and 1012183007) from R-3C Moderate Density Multi -Family Residential District with Conditions to R-3 Moderate Densi- ty Multi -Family Residential District. Seconded by Wethal. Motion carried 7-0. ORDINANCE NO. 47-24 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLAS- SIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED ALONG PERU ROAD BETWEEN WALKER AND TOLEDO STREET (PINS 1012183002, 1012183005, 1012183008, AND 1012183007) FROM R-3C MODERATE DENSITY MULTI -FAMILY RES- IDENTIAL DISTRICT WITH CONDITIONS TO R-3 MODERATE DENSITY MULTI -FAMILY RESIDENTIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code, is hereby amended by reclassi- fying the hereinafter —described property from R-3c Moderate Density Multi -Family Residen- tial District with conditions to R-3 Moderate Density Multi -Family Residential District, to wit: Lot 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531 and 532 all in the North Dubuque Addition and to the cen- terline of the adjoining public right-of- way, all in the City of Dubuque, IA. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, IA. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved and adopted this 19th day of August, 2024. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk 3. 405, 575, and 595 Cedar Cross Road Rezoning Request: 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 - Page 343 of 1311 Book 154 Regular Session, August 19, 2024 257 ings prior to the meeting at which it is to be passed be suspended for the ordinance rec- ommended by the Zoning Advisory Commis- sion to rezone only 595 Cedar Cross Road. Seconded by Wethal. Planning Services Direc- tor Wally Wernimont provided a staff report, stating that after discussions with the applicant regarding 405 and 575 Cedar Cross Rd., the applicant has requested the withdrawal of those properties from the rezoning considera- tion. Those two properties will be brought back to the Zoning Advisory Commission for review at a future meeting and will then be presented again at a City Council meeting. City Clerk Breitfelder announced that input was submit- ted by Carol Maas, 3095 Nightengale Ln. Ap- plicant Jule Merfeld, 10713 Cottingham Rd., Peosta, explained that 595 Cedar Cross Rd. is currently used as an Airbnb and that attempts to sell the property have been unsuccessful due to its zoning and proximity to the road's turning lane. In response to a City Council inquiry about nearby properties in an isolated zoning area, Mr. Wernimont noted that the Zoning Advisory Commission shared those concerns, leading to their denial of the rezon- ing requests for 405 and 575 Cedar Cross Rd. The City Council discussed the best use for 595 Cedar Cross Rd. and its surrounding properties. Motion carried 6-1 with Resnick voting nay. Motion by Jones for final consideration and passage of Ordinance No. 48-24 Amending Title 16 of the City of Dubuque Code of Ordi- nances, Unified Development Code, by reclas- sifying hereinafter described property located at 595 Cedar Cross Road from R-1 Single - Family Residential District to CS Commercial Services and Wholesale District. Seconded by Wethal. Motion carried 6-1 with Resnick voting nay. ORDINANCE NO. 48-24 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLAS- SIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 595 CEDAR CROSS ROAD FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO CS COMMER- CIAL SERVICES AND WHOLESALE DIS- TRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code, is hereby amended by reclassi- fying the hereinafter —described property from R-1 Single -Family Residential District to CS Commercial Service and Wholesale District, to wit: Lot 1-2-1-2-1-1-2 Min Lot 220 and Lot 1- 1-1-1-2-3 Mineral Lot 219, and to the centerline of the adjoining public right-of- way, all in the City of Dubuque, IA. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, IA. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved and adopted this 19th day of August, 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Old Mill Road Lift Station and Force Main Project - Phase I Public Hearing: Motion by Jones to receive and file the documents and adopt Resolution No. 260-24 Approval of plans, specifications, form of contract, and estimated cost for the Old Mill Lift Station and Force Main Project — Phase I. Seconded by Farber. Motion carried 7-0. RESOLUTION NO. 260-24 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE OLD MILL LIFT STATION AND FORCE MAIN PROJECT — PHASE I NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the attached plans, specifi- cations, form of contract and estimate of total cost for the Old Mill Lift Station and Force Main Project — Phase I in the estimated amount $18,720,314.19, are hereby approved. Passed, approved, and adopted this 19th day of August 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 5. Hold Public Hearing to Approve Contract with Tucktara, LLC for Construction of a Sin- gle -Family Home on a City -Owned Infill Lot at 2527 Washington Street: Motion by Roussell to receive and file the documents and adopt Resolution No. 261-24 Approval of contract for construction of a single-family home on a city - owned infill lot located at 2527 Washington Street, in the City of Dubuque, IA. Seconded by Sprank. In response to City Council ques- tions, Housing and Community Development Director Alexis Steger explained that program income from housing tax increment financing (TIF) is funding the project and that the builder has flexibility in the home's design. City Coun- cil Members discussed whether the city should profit from the property and how the project integrates sustainability and equity into home- ownership. Motion carried 6-1 with Resnick voting nay. Page 344 of 1311 Book 154 Regular Session, August 19, 2024 258 RESOLUTION NO. 261-24 APPROVAL OF CONTRACT FOR CON- STRUCTION OF A SINGLE-FAMILY HOME ON A CITY -OWNED INFILL LOT LOCATED AT 2527 WASHINGTON STREET, IN THE CITY OF DUBUQUE, IA. Whereas, the City of Dubuque, IA. (City) owns 2527 Washington Street (the Property) legally described as: Lot 29 in E. Langworthy's Addition of Part of Mineral Lot 320 in the City of Dubu- que, IA., according to the recorded plat thereof; and Whereas, the City of Dubuque established a Local Housing Trust Fund which generates program income to contribute to low -moderate income housing activities as directed by the Local Housing Trust Fund Advisory Commit- tee; and Whereas, it is the recommendation of the Local Housing Trust Fund Advisory Committee to enter a contract with Tucktara, LLC, to con- struct a single-family home in accordance with the plans, specifications, terms and conditions set out in said Contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the contract for construc- tion of a single-family home on the city -owned infill lot at 2527 Washington is hereby awarded to Tucktara, LLC, and the Mayor is hereby directed to execute the contract on behalf of the City of Dubuque for the project. Passed, approved, and adopted this 19th day of August 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 6. Well No. 7 Rehabilitation Project 2024 - Phase 2 Public Hearing: Motion by Jones to receive and file the documents and adopt Resolution No. 262-24 Approval of plans, specifications, form of contract, and estimated cost for the Well No. 7 Rehabilitation Project 2024 — Phase 2. Seconded by Farber. Motion carried 7-0. RESOLUTION NO. 262-24 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE WELL NO. 7 REHABILITA- TION PROJECT 2024 — PHASE 2 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The plans, specifications, form of contract and estimated cost for the Well No. 7 Rehabilitation Project 2024 - Phase 2 in the amount of $540,000, are hereby approved. Passed, adopted and approved this 19th day of August 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk ACTION ITEMS 1. Proposed Additional Housing Develop- ment Incentive: Motion by Roussell to receive and file the documents and approve an addi- tional incentive to facilitate low- and moderate - income housing development outside of the Greater Downtown Urban Renewal Area. Se- conded by Sprank. In response to a question, City Manager Van Milligen explained that the number of units would determine whether the development meets the 60% low- and moder- ate -income housing requirement for the incen- tive. Motion carried 7-0. 2. 2024 Police Department CALEA Accred- itation Acceptance: Motion by Farber to re- ceive and file the documents and listen to the presentation. Seconded by Sprank. Police Chief Jeremy Jensen made a presentation regarding the Dubuque Police Department being awarded the Advanced Law Enforce- ment Accreditation by the CALEA board of commissioners for the 10th time. Motion carried 7-0. 3. Work Session Request: Central Avenue and White Street Corridor Traffic Study: Motion by Sprank to receive and file the documents and schedule the work session for Monday, September 30, 2024, at 6:30 p.m. Seconded by Roussell. In response to a question about holding the work session on a non -regular City Council meeting night, City Manager Van Milli- gen explained that the session's length re- quired scheduling it separately. September 30th is also the earliest date the consultants will be ready to present the data. Motion car- ried 7-0. 4. Work Session Request: Smart Parking & Mobility Management Plan: Motion by Roussell to receive and file the documents and sched- ule the work session for October 7, 2024, at 5:30 p.m. Seconded by Jones. Motion carried 7-0. 5. Water Distribution Crew Employee Fea- ture Video: Motion by Jones to receive and file the documents and view the video. Seconded by Farber. Public Information Office staff showed a video featuring Marty Kearney, a member of the City of Dubuque Water Distri- bution crew. The video can be viewed at https://youtu.be/ri46EJuVs- M?si=oGDgHp- WcRH ell'. Motion carried 7-0. Page 345 of 1311 259 Special Session, August 20, 2024 Book 154 6. City Life in Marshallese Video: Motion by Roussell to receive and file the documents and view the video. Seconded by Wethal. Public Information Office staff showed a video pro- duced in collaboration with the Office of Shared Prosperity and Neighborhood Support to promote the next City Life sessions, which will be presented in Marshallese. The video can be viewed at: https://voutu.be/Wlu1 UEq tom. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Jones reported on the re- cent congressional staff visit and the Art on the River opening reception. Council Member Farber reported on recent initiatives with the Federal Communications Commission Committee and National League of Cities' Technology Committee. Council Member Roussell reported on a Presentation Lantern Center student attaining United States citizenship, learning about the Dubuque Arboretum's strategic plan, and Car- negie Stout Public Library's Reading with Rov- er Program. Council Member Wethal reported on the Dubuque Fine Arts Festival and speaking with University of Dubuque theology students. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 8:11 p.m. to discuss Pending Litigation and Purchase or Sale of Real Estate — Chap- ter 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 9:28 p.m. stating that staff had been given proper direction. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 9:28 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 4:00 p.m. on August 20, 2024, in the Grand River Center. The meeting was orig- inally scheduled for Room #4 but was relocat- ed to the River Room due to maintenance is- sues. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attorney Brumwell. Mayor Cavanagh read the call and stated this is a special session of the City Council called for the purpose of conducting annual goal setting. GOAL SETTING SESSION 1 OF 3 Mayor Cavanagh provided introductory remarks, summarizing last year's accomplish- ments and current challenges. Facilitator Lyle Sumek, of Lyle Sumek As- sociates, Inc., reviewed the following sections of the Leader's Guide 2024 Working Docu- ment for input from the City Council: Section 4 - Performance Report 2023- 2024 for City of Dubuque Section 5 - Looking to Dubuque's Future Assistant City Manager Cori Burbach re- viewed proposed definitions for the five pillars the City strives to achieve to create an equita- ble community and organization of choice: resiliency, sustainability, equity, transparency, and compassion. City Council discussed the definitions and suggested updating the pro- posed definition of compassion to include em- pathy and replacing the "desire to alleviate distress" with the "desire to help". City Manag- er Van Milligen stated that the five definitions will be presented at a future Council meeting for City Council to formally adopt the defini- tions. Assistant City Manager Burbach then re- viewed a suggestion to include the word "be- longing" when city staff speak of diversity, eq- uity, and inclusion (DEI) goals. City Council discussed the terminology and supported the addition of belonging. Mr. Sumek reviewed Goals #1, #2, and #8 in Section 7 — Plan 2024-2029 for City Council input. Page 346 of 1311 260 Special Session, August 21, 2024 Book 154 City Council recessed for dinner at 6:10 p.m. and reconvened at 6:39 p.m. to continue discussing the goals. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 8:48 p.m. /s/Adrienne N. Breitfelder, City Clerk CITY OF DUBUQUE IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 4:13 p.m. on August 21, 2024, in the Grand River Center. The meeting was orig- inally scheduled for Room #4 but was relocat- ed to the River Room due to maintenance is- sues. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick (arrived at 4:51 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 annual goal setting. GOAL SETTING SESSION 2 OF 3 Facilitator Lyle Sumek, of Lyle Sumek As- sociates, Inc., reviewed Goals #3, #4, #5, #6, and #7 of Section 7 — Plan 2024-2029 of the Leader's Guide 2024 Working Document for City Council input. City Council recessed for dinner at 6:05 p.m. and reconvened at 6:37 p.m. to continue discussing the goals. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 8:56 p.m. /s/Adrienne N. Breitfelder, City Clerk Page 347 of 1311 261 Special Session, August 26, 2024 Book 154 CITY OF DUBUQUE IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 4:04 p.m. on August 26, 2024, in the Grand River Center Room #6. The meeting was originally scheduled for Room #4 but was relocated to Room #6 due to maintenance issues. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attorney Brumwell. Mayor Cavanagh read the call and stated this is a special session of the City Council called for the purpose of conducting annual goal setting. GOAL SETTING SESSION 3 OF 3 Facilitator Lyle Sumek, of Lyle Sumek As- sociates, Inc., reviewed Section 8 — Action Agenda 2024-2025 of the Leader's Guide 2024 Working Document for City Council input. City Council recessed for dinner at 5:54 p.m. and reconvened at 6:28 p.m. Mr. Sumek then facilitated the City Coun- cil's review and ranking of their top and high priorities, resulting in the following goals and priorities: • City of Dubuque Goals 2029 • Vibrant Community: Healthy and Safe • Financially Responsible, High - Performance City Organization: Sustain- able, Equitable, and Effective Service Delivery • Robust Local Economy: Diverse Busi- nesses and Jobs with Economic Prosper- ity • Livable Neighborhoods and Housing: Great Place to Live • Sustainable Environment: Preserving and Enhancing Natural Resources • Connected Community: Equitable Trans- portation, Technology Infrastructure, and Mobility • Diverse Arts, Culture, Parks, and Recrea- tion Experiences and Activities • Partnership for a Better Dubuque: Build- ing Our Community that is Viable, Liva- ble, and Equitable Policy Agenda Policy agenda items are issues that need direction or a policy decision or a major fund- ing 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. 2024 — 2026 Top Priorities (in alphabetical order): • Air Service Future Strategy and Action Plan: Major Airline Hub Connections • Central Avenue Revitalization Plan Im- plementation • Construction of 14th Street Railroad Overpass and 16th Street Corridor Com- plete Streets Improvements: RAISE Grant and Matching Funds • Police Department Staffing and Hiring • Street Maintenance/Rehabilitation Pro- gram 2024 — 2026 High Priorities (in alphabetical order): • Catfish Creek Sanitary Sewer Project: Old Mill Road Lift Station Project and Force Main • Chaplain Schmitt Island Development • City Workforce Retention and Attraction • Comprehensive Study of Fire Station Lo- cations and Staffing • Parks Maintenance/Refresh Action Plan Mr. Sumek then led a discussion with the City Council on Section 9 — Governance: Our Mayor — City Council and City Manager in Ac- tion, with input from City Manager Van Milligen and City Attorney Brumwell. Mayor Cavanagh concluded the session by expressing his gratitude to the City Council, city staff, and Mr. Sumek for their efforts. He also recommended maintaining the gap be- tween sessions 2 and 3 in future goal settings. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 7:50 p.m. /s/Adrienne N. Breitfelder, City Clerk Page 348 of 1311 262 Regular Session, September 3, 2024 Book 154 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 3, 2024, 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 Attorney Brumwell. Mayor Cavanagh read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE SWEARING IN Mayor Cavanagh swore in Mayor Pro Tern Susan Farber. PROCLAMATION(S) 1. Nathaniel and Charlotte Morgan Peace Week (September 1 - 7, 2024) was accepted by Brian Hallstoos and Ernestine Moss on behalf of the Nathaniel Morgan Memorial Committee. 2. Days of Peace and Nonviolence (Sep- tember 6 - 30, 2024) was accepted by R.R.S. Stewart and Art Roche on behalf of the Dubu- que International Day of Peace Coordinating Committee. 3. Hispanic Heritage Month (September 15 - October 15, 2024) was accepted by Yara Lopez and Sergio Perez on behalf of Dubuque Unidos and Loras College's LULAC. CONSENT ITEMS Council Member Wethal requested Item No. 15 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. 15. Seconded by Wethal. Motion carried 7-0. 1. Minutes and Reports Submitted: Historic Preservation Commission of July 18, 2024; Library Board of Trustees Update of July 25, 2024; Park and Recreation Commission of July 9, 2024; Resilient Community Advisory Commission of July 11, 2024; Zoning Advisory Commission Draft Minutes of August 7, 2024; Zoning Board of Adjustment of July 25, 2024; Proof of Publication for City Council Proceed- ings of July 29 and August 5, 2024. Upon mo- tion the documents were received and filed. 2. Notice of Claims and Suits: Keith Clark for vehicle 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: Keith Clark for vehicle damage; Jeff Jones for property damage. Upon motion the documents were received, filed, and con- curred. 4. Approval of City Expenditures: Upon motion the documents were received and filed, and Resolution No. 263-24 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. 263-24 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 generally accepted internal control procedures and have been determined to have been req- uisitioned for a lawful municipal purpose; and Whereas, the Chief Financial Officer -City Treasurer has provided a list of Expenditures attached hereto, and by this reference made a part hereof, to be drawn to pay for goods and services provided for City purposes; and Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142-18 adopted May 7, 2018, authorized the Chief Financial Officer -City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Page 349 of 1311 Book 154 Regular Session, September 3, 2024 263 DUBUQUE, IA. 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 Financial Officer are hereby authorized and directed to provide the statement of receipts and disbursements to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 3rd day of September 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Resolution Approving Fund Transfers to Golf Capital Fund in Fiscal Year 2024 — Period 13: Upon motion the documents were received and filed, and Resolution No. 264-24 Authoriz- ing the Chief Financial Officer to make the appropriate interfund transfers of sums and record the same in the appropriate manner for the FY 2024 for the City of Dubuque, IA. was adopted. RESOLUTION NO. 264-24 AUTHORIZING THE CHIEF FINANCIAL OF- FICER TO MAKE THE APPROPRIATE IN- TERFUND TRANSFERS OF SUMS AND RECORD THE SAME IN THE APPROPRI- ATE MANNER FOR THE FY 2024 FOR THE CITY OF DUBUQUE, IA. Whereas, Iowa Administrative Rules Code Section 545-2.5(5) implements Iowa Code Section 384.18 and provides that the City Council shall approve all transfers of moneys from one budgeted fund to another budgeted fund as provided in Iowa Administrative Rules Code Section 545-2.5(5). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. Authorize the Chief Financial Of- ficer to Transfer Funds. That the Chief Finan- cial Officer be and is hereby authorized by the City Council to make the appropriate interfund transfer of sums and record the same in the appropriate manner for FY 2024. Section 2. Transfer of Funds. That the Chief Financial Officer will transfer the follow- ing sums and to record the same in the appro- priate manner: 1. Transfer from the General Fund to the Golf Capital Construction Fund $333,882 for net income generated in golf opera- tions in Fiscal Year2021($71,144), Fiscal Year 2022 ($99,028), Fiscal Year 2023 ($74,971), and Fiscal Year 2024 ($88,739) designated for future golf con- struction projects. Passed, approved and adopted this 3rd day of September 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Acceptance of Sanitary Sewer Im- provements across Switch Development at JFK, LLC Property at the Intersection of West 32"d Street and JFK Road in Dubuque: Upon motion the documents were received and filed, and Resolution No. 265-24 Accepting Public Sanitary Sewer Improvements Across Part of Lot 1 of Switch Development at JFK No.1, in the City of Dubuque, IA. was adopted. RESOLUTION NO. 265-24 ACCEPTING PUBLIC SANITARY SEWER IMPROVEMENTS ACROSS PART OF LOT 1 OF SWITCH DEVELOPMENT AT JFK NO.1, IN THE CITY OF DUBUQUE, IA. Whereas, per the Development Agreement between the City of Dubuque and Switch De- velopment, LLC, approved by the City Council via Resolution 36-23, the parties wished to set forth terms for the extension of a proposed public sanitary sewer utility located in Part of Lot 1 of Switch Development at JFK No. 1, in the City of Dubuque, IA.; and Whereas, pursuant to said agreement, cer- tain public improvements including sanitary sewer and appurtenances, were installed by Switch Development, LLC; and Whereas, the improvements have been completed and the City Manager has exam- ined the work and has filed a certificate stating that the same has been completed in accord- ance with the plans approved by the City Council and in conformance with City specifi- cations, and has recommended that the im- provements be accepted by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the recommendation of the City Manager be approved and that said public sanitary sewer improvements in Part of Lot 1 of Switch Development at JFK No. 1, in the City of Dubuque, IA., be and the same are hereby accepted. Section 2. That a maintenance guarantee covering said public improvements shall be provided by the owners, Switch Development, LLC, until December 5, 2025. Passed, approved and adopted this 3rd day of September 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk Page 350 of 1311 Book 154 Regular Session, September 3, 2024 264 7. Proceedings to Complete Action on the Issuance of $2,536,000 Sewer Revenue Bonds, Series 2024 (State Revolving Loan Fund Program) Granger Creek Sanitary Sewer Improvement Projects: Upon motion the doc- uments were received and filed, and Resolu- tion No. 266-24 Series Resolution authorizing and approving a Loan and Disbursement Agreement and providing for the issuance of $2,536,000 Sewer Revenue Bonds, Series 2024 and other documents related to the Se- ries 2024 Bonds was adopted. RESOLUTION NO. 266-24 SERIES RESOLUTION AUTHORIZING AND APPROVING A LOAN AND DISBURSE- MENT AGREEMENT AND PROVIDING FOR THE ISSUANCE OF $2,536,000 SEWER REVENUE BONDS, SERIES 2024 AND OTHER DOCUMENTS RELATED TO THE SERIES 2024 BONDS Whereas, the City of Dubuque (the "City" and sometimes hereinafter referred to as the "Issuer"), in Dubuque County, State of Iowa, did heretofore establish a Municipal Sanitary Sewer System (the "System") in and for the City which has continuously supplied sanitary sewer service in and to the City and its inhab- itants since its establishment; and Whereas, the management and control of the System are vested in the City Council (the "Council") and no board of trustees exists for this purpose; and Whereas, the City heretofore proposed to contract indebtedness and enter into a certain Sewer Revenue Loan and Disbursement Agreement (the "Agreement') and to borrow money thereunder in a principal amount not to exceed $3,200,000, 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 im- provements and extensions to the System (the "Project'), and has published notice of the pro- posed action and has held a hearing thereon on July 16, 2024; and Whereas, the City proposes to issue Sewer Revenue Bonds, Series 2024 (the "Series 2024 Bonds") to the Iowa Finance Authority, an agency and public instrumentality of the State of Iowa, as lender (the "Lender"), in or- der to pay the costs of the Project; and Whereas, the City is authorized and em- powered by Chapter 384 of the Code of Iowa (the "Act') to borrow money for the System, and the City Council has adopted a master resolution (the "Master Resolution") on De- cember 15, 2008, authorizing the issuance from time to time of Senior Bonds, including Senior SRF Bonds (each as defined in the Master Resolution); and Whereas, Section 8.3 of the Master Reso- lution authorizes the Council to adopt a Series Resolution (as defined in the Master Resolu- tion) to provide for the issuance of Senior Bonds, and this Series Resolution constitutes a Series Resolution under the Master Resolu- tion; and Whereas, for the purposes of this issu- ance, the Series 2024 Bonds shall be deemed to be Senior SRF Bonds; and Whereas, the obligations of the Issuer un- der the Series 2024 Bonds and the Agreement shall be payable solely and only from the Net Revenues of the System and certain funds and accounts created and pledged under this Se- ries Resolution and the Master Resolution; and Whereas, it is necessary at this time for the City Council to approve the Agreement with the Lender and to issue the Series 2024 Bonds in evidence thereof in the principal amount of $2,536,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA., AS FOLLOWS: Section 1. Definitions. Terms used herein and not defined herein shall have the meaning given to them in this Series Resolution and the Master Resolution unless the text expressly or by necessary implication requires otherwise: "Bonds" or "Series 2024 Bonds" means the $2,536,000 Sewer Revenue Bonds, Se- ries 2024, in one or more series. "Closing Date" shall mean the date of de- livery of the Series 2024 Bonds, antici- pated to be September 20, 2024, with any final changes to such date set forth in the Agreement. "Loan" shall mean the loan made pursuant to the Agreement and evidenced by the Series 2024 Bonds. "Agreement" means the Loan and Dis- bursement Agreement between the Issu- er and the Lender related to the Series 2024 Bonds. "Senior Bond Issuance Documents" means a Supplemental Resolution, Obligation Issuance Documents, indenture or other document, as the case may be, authoriz- ing and issuing a series of Senior Bonds, including Senior SRF Bonds. "Paying Agent" shall mean the City Treas- urer, or such successor as may be ap- proved by the Issuer as provided herein and who shall carry out the duties pre- scribed herein with respect to maintaining a register of the owners of the Series 2024 Bonds. Unless otherwise specified, the Registrar shall also act as the Paying Agent for the Series 2024 Bonds. "Series 2024 Sinking Fund" means the fund by that name created pursuant to Section 14 hereof. "Series Resolution" or "Resolution" means this resolution. Page 351 of 1311 Book 154 Regular Session, September 3, 2024 265 Section 2. Loan Authorization; Authoriza- tion for Execution and Delivery of Documents. Following the adoption of this Series Resolu- tion and pursuant to Chapter 384 of the Code of Iowa, the City Council is hereby authorized to execute and deliver the Agreement with the Lender in the form which has been placed on file with the Council providing for a Loan in the aggregate principal amount of $2,536,000 for the purpose or purposes set forth in the pre- amble hereof. The Mayor and City Clerk are hereby authorized to execute and deliver the Agreement on behalf of the Issuer in the form presented to the Council, with final terms as determined by the Council and the Lender. The Mayor, City Clerk and City Treasurer are each authorized to execute and deliver the Series 2024 Bonds, any and all agreements, documents and instruments required related to the issuance of the Series 2024 Bonds and to carry out the purposes set forth in this Series Resolution, including but not limited to any tax certificates, closing certificates and purchase agreements. Section 3. Appointment of Registrar/Paying Agent. The City Treasurer is hereby designat- ed as the Registrar and Paying Agent for the Series 2024 Bonds and may be hereinafter referred to as the "Registrar" or the "Paying Agent" in such capacities. Section 4. Source of Payment of the Series 2024 Bonds. The Series 2024 Bonds, when issued, will be Senior SRF Bonds under the Master Resolution and shall be payable solely from the Net Revenues of the System, and certain funds and accounts created and pledged under this Series Resolution and the Master Resolution. Section 5. Series 2024 Bonds Details; Form of Series 2024 Bonds. The Series 2024 Bonds are hereby authorized to be issued in evidence of the obligation of the City under the Agreement, in the aggregate principal amount of $2,536,000, to be dated the Closing Date, and bearing interest from the date of each advancement made at the rate of 2.61 % per annum pursuant to the Agreement, until pay- ment thereof, as set forth in Exhibit A attached to the Agreement. The Series 2024 Bonds may be in the de- nominations of $1,000 each or any integral multiple thereof and, at the request of the Lender, shall be initially issued as a single bond in the denomination of $2,536,000 and numbered R-1. The Series 2024 Bonds are subject to op- tional redemption by the City at a price of par plus accrued interest (i) on any date with the prior written consent of the Lender, or (ii) in the event that all or substantially all of the Project is damaged or destroyed. Any optional re- demption of the Series 2024 Bonds by the City may be made from any funds regardless of source, in whole or from time to time in part, in inverse order of maturity upon not less than thirty (30) days' notice of redemption by fac- simile, e-mail, certified or registered mail to the Lender (or any other registered owner of the Series 2024 Bonds). The Series 2024 Bonds are also subject to mandatory redemption as set forth in Section 5 of the Agreement. Accrued interest on the Series 2024 Bonds shall be payable semiannually on the first day of June and December in each year, com- mencing December 1, 2024. Interest shall be calculated on the basis of a 360-day year comprised of twelve 30-day months. Payment of interest on the Series 2024 Bonds shall be made to the registered owners appearing on the registration books of the Issuer 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 Series 2024 Bonds shall be payable in lawful money of the United States of America to the registered owners or their legal representatives upon presentation and surrender of the Bond or Bonds at the office of the Paying Agent. The Series 2024 Bonds shall be executed on behalf of the Issuer with the official manual or facsimile signature of the Mayor and attest- ed by the official manual or facsimile signature of the City Clerk and shall be fully registered bonds without interest coupons. The issuance of the Series 2024 Bonds shall be recorded in the office of the City Treasurer, and the certifi- cate on the back of each Series 2024 Bond shall be executed with the official manual or facsimile signature of the City Treasurer. In case any officer whose signature or the fac- simile of whose signature appears on the Se- ries 2024 Bonds shall cease to be such officer before the delivery of such Bonds, such signa- ture or such facsimile signature shall neverthe- less be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. If applicable pursuant to the Agreement, in addition to the payment of principal of and interest on the Series 2024 Bonds, the City also agrees to pay the Initiation Fee and the Servicing Fee (defined in the Agreement) in accordance with the terms of the Agreement. The Series 2024 Bonds shall be in sub- stantially the form attached as Exhibit A here- to. Section 6. Registration of Series 2024 Bonds; Designation of Registrar; Transfer; Ownership; Delivery; and Cancellation. The provisions of Section 2.4 of the Master Resolu- tion, which contains covenants relating to the registration, transfer, delivery, and cancellation of Bonds, are hereby ratified and confirmed with respect to the Series 2024 Bonds. Page 352 of 1311 Book 154 Regular Session, September 3, 2024 266 Section 7. Reissuance of Mutilated, De- stroyed, Stolen or Lost Bond. The provisions of Section 2.5 of the Master Resolution, contains covenants relating to the reissuance of muti- lated, destroyed, stolen, or lost Bonds, are hereby ratified and confirmed with respect to the Series 2024 Bonds. Section 8. Application of Loan Proceeds. The loan proceeds to be received under the Agreement (the "Loan Proceeds") shall be held by the Lender and disbursed for costs of the Project, as referred to in the preamble hereof. The City shall keep a detailed and segregated accounting of the expenditure of, and invest- ment earnings on, the Loan Proceeds to en- sure compliance with the requirements of the Code (as defined in the Master Resolution). Section 9. Ratification of Master Resolu- tion. All provisions of the Master Resolution are hereby ratified and confirmed, and are incorporated herein and certain provisions thereof are modified as applicable to the Se- ries 2024 Bonds as provided herein. Section 10. Rates and Charges; Independ- ent Consultant. There have heretofore been established as required by law, just and equi- table fees, rates and charges for the use of the services rendered by the System. As provided in Section 7.1 of the Master Resolution, so long as the Series 2024 Bonds are outstanding and unpaid, the Net Revenues of the System shall be sufficient in each Fiscal Year to (i) provide for 100% of the Maintenance Expens- es of the System, (ii) equal at least 110% of the Debt Service Requirement, (iii) enable the City to make all required payments, if any, into the Debt Service Reserve Fund, the Subordi- nate Bond Fund (if any), and the Rebate Fund, (iv) enable the City to accumulate an amount which, in the judgement of the Council, is ade- quate to meet the costs of major renewals, replacements, repairs, additions, betterments, and improvements to the System, necessary to keep the same in good operating condition or as required by any governmental agency having jurisdiction over the System, and (v) remedy all deficiencies in required payments into any of the funds and accounts established under the Master Resolution or any Series Resolution. Section 11. Equality of Lien on Net Reve- nues. As provided in the Master Resolution, the timely payment of principal of and interest on the outstanding Series 2024 Bonds shall be secured equally and ratably with other Senior Bonds by the Net Revenues of the System without priority by reason of number or time of sale or delivery. Section 12. Establishment of Funds; Series 2024 Bond Sinking Fund; Debt Service Re- serve Fund. The provisions of Article 6 of the Master Resolution, which provide for the es- tablishment of the Revenue Fund, the Opera- tion and Maintenance Fund, the Bond Principal and Interest Fund (the "Sinking Fund"), the Debt Service Reserve Fund, the Subordinate Bond Fund, the Surplus Fund, and the Rebate Fund, are hereby ratified and confirmed. Series 2024 Bond Sinking Fund. From and after the issuance of the Series 2024 Bonds and as long as the Series 2024 Bonds are outstanding, the Issuer shall establish and maintain a separate fund to be known as the Series 2024 Bond Sinking Fund. The Issuer shall transfer amounts on deposit in the Reve- nue Fund into the Series 2024 Bond Sinking Fund for the payment of interest and principal of the Series 2024 Bonds, on the 11t day of each month commencing on the 1st day of the month immediately succeeding the date of issuance and delivery of any of the Series 2024 Bonds in equal monthly amounts which, together with other monthly amounts made pursuant hereto, will be sufficient to pay princi- pal of and interest on the Series 2024 Bonds due on the next succeeding date which princi- pal of and/or interest on such Series 2024 Bonds are due and payable. If for any reason the amount on deposit in the Series 2024 Bond Sinking Fund exceeds the required amount, the excess shall be forthwith with- drawn therefrom by the Issuer and deposited into the Revenue Fund. If for any reason the amount on deposit in the Series 2024 Bond Sinking Fund is less than the required amount, the deficit shall forthwith be made up by the Issuer from available funds on deposit in the Revenue Fund as provided in Section 6.5 of the Master Resolution. Money in the Series 2024 Bond Sinking Fund shall be used solely for the purpose of paying principal of and interest on the Series 2024 Bonds as the same may become due and payable. Debt Service Reserve Fund. The provi- sions of Section 6.6 of the Master Resolution with respect to the Debt Service Reserve Fund are hereby recognized. The Series 2024 Bonds shall be issued as Senior SRF Bonds, and the City shall not be required to make any payments into the Debt Service Reserve Fund under the provisions of this Resolution. The Series 2024 Bonds shall not be secured by or payable from amounts held in the Debt Service Reserve Fund, and the holders of the Series 2024 Bonds shall have no rights against the Debt Service Reserve Fund so long as any Senior Bonds secured by the Debt Service Reserve Fund remain outstanding. Section 13. Investment of Funds. Section 6.11 of the Master Resolution contains cove- nants relating to the investment of funds. All income derived from such investments shall be credited to the fund from which such investments were made. Such investments shall at any time necessary be liquidated and Page 353 of 1311 Book 154 Regular Session, September 3, 2024 267 the proceeds thereof applied to the purpose for which the respective fund was created. Section 14. Restrictions on the Incurrence of Senior Bonds and Subordinate Bonds. As provided in the Master Resolution, the Issuer shall comply with Article 8 of the Master Reso- lution regarding the incurrence of Senior Bonds and Subordinate Bonds. The Series 2024 Bonds are being issued as Senior SRF Bonds under Section 8.3 of the Master Resolu- tion, and therefore, the provisions of Section 8.3(a), (b), and (c) do not apply with respect to the issuance of the Series 2024 Bonds. It is hereby found, determined, and declared that the City has complied in all respects with the provisions of Article 8 of the Master Resolu- tion. The provisions of the Section 21 of the resolutions authorizing the issuance of the City's outstanding Sewer Revenue Capital Loan Notes, Series 2013, dated April 19, 2013 and Sewer Revenue Capital Loan Notes, Se- ries 2013B, dated May 20, 2013 (together, the "Series 2013 Notes") with respect to the issu- ance of obligations issued on a parity with the Series 2013 Notes are hereby recognized, and it is hereby found, determined and declared that there has been procured and filed with the City Clerk a waiver from the Iowa Finance Au- thority, the sole owner and holder of the Series 2013 Notes, waiving any and all requirements and conditions that must be met prior to the issuance of obligations issued on a parity with the Series 2013 Notes. Section 15. Covenants Regarding Opera- tion of the System. Section 7.2 of the Master Resolution contains covenants relating to op- eration of the System. Section 16. Events of Default; Remedies The provisions of Article 10 of the Master Res- olution, which contain covenants relating to events of default and remedies, are hereby ratified and confirmed with respect to the Se- ries 2024 Bonds. Section 17. Additional Covenants, Repre- sentations and Warranties of the Issuer; Dis- position of Proceeds. The Issuer certifies and covenants that the Issuer through its officers, will (a) make such further specific covenants, representations and assurances as may be necessary or advisable; (b) file such forms, statements and supporting documents as may be required and in a timely manner; (c) if deemed necessary or advisable by its officers, employ and pay fiscal agents, financial advi- sors, attorneys and other persons to assist the Issuer in such compliance; and (d) it is the intention of the City that interest on the Series 2024 Bonds be and remain excluded from gross income for federal income tax purposes pursuant to the appropriate provisions of the Code. In furtherance thereof the City cove- nants to comply with the provisions of the Code as they may from time to time be in ef- fect or amended and further covenants to comply with applicable future laws, regula- tions, published rulings and court decisions as may be necessary to insure that the interest on the Series 2024 Bonds will remain excluded from gross income for federal income tax pur- poses. Any and all of the officers of the City and the System are hereby authorized and directed to take any and all actions as may be necessary to comply with the covenants herein contained. Section 18. Discharge and Satisfaction of Series 2024 Bonds. The provisions of Section 9.1 of the Master Resolution, which contains covenants relating to the discharge and satis- faction of Bonds, are hereby ratified and con- firmed with respect to the Series 2024 Bonds. Section 19. Resolution a Contract. The provisions of this Series Resolution shall con- stitute a contract among the Issuer and the owners of the Series 2024 Bonds, and after the issuance of the Series 2024 Bonds, no change, variation or alteration of any kind in the provisions of this Series Resolution shall be made in any manner, except as provided in Section 22 or Section 23 hereof, until such time as the Series 2024 Bonds, and interest due thereon, shall have been satisfied and discharged as provided in this Series Resolu- tion. Section 20. Modification of Resolution Not Requiring the Consent of Owners of Series 2024 Bonds. The provisions of Section 7.2 of the Master Resolution, which contains cove- nants relating to amendment of the Resolution without consent of the holders of the Series 2024 Bonds, are hereby ratified and confirmed with respect to the Series 2024 Bonds. Section 21. Modification of Series Resolu- tion Requiring Consent of Owners of Series 2024 Bonds. The provisions of Section 7.3 of the Master Resolution, which contains cove- nants relating to amendment of the Resolution with the consent of the holders of the Series 2024 Bonds, are hereby ratified and confirmed with respect to the Series 2024 Bonds. Section 22. Conflicting Provisions. All reso- lutions and orders or parts thereof in conflict with the provisions of this resolution are, to the extent of such conflict, hereby repealed. Section 23. Effective Date. This Series Resolution shall be in full force and effect im- mediately upon its adoption and approval, as provided by law. Section 24. Severability. If any section, paragraph, or provision of this Series Resolu- tion shall be held to be invalid or unenforcea- ble for any reason, the invalidity or unenforce- ability of such section, paragraph or provision shall not affect any of the remaining provi- sions. Page 354 of 1311 Book 154 Regular Session, September 3, 2024 268 Adopted and approved this September 3, 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 8. Dubuque Cellular Telephone, L.P. — Second Amendment to Lease Agreement for Equipment Upgrades and Extended Term for Cell Tower Located at 1575 West Third Street: Upon motion the documents were received and filed, and Resolution No. 267-24 Approv- ing the Second Amendment to Lease Agree- ment by and between the City of Dubuque and Dubuque Cellular Telephone, L.P. for equip- ment upgrade and extended term was adopt- ed. RESOLUTION NO. 267-24 APPROVING THE SECOND AMENDMENT TO LEASE AGREEMENT BY AND BE- TWEEN THE CITY OF DUBUQUE AND DUBUQUE CELLULAR TELEPHONE, L.P. FOR EQUIPMENT UPGRADE AND EX- TENDED TERM Whereas, The City of Dubuque, IA. and Dubuque Cellular Telephone, L.P. entered into a Lease Agreement dated February 1, 1999, as amended, for the cell tower site at 1575 West Third Street (the Site); and Whereas, Dubuque Cellular Telephone, L.P. has requested an amendment to the Lease Agreement to increase the antenna count from fourteen (14) to fifteen (15) anten- nas at the Site as set forth in the attached Second Amendment; and Whereas, the Second Amendment will also extend the Lease Term an additional five (5) years and the Lease Agreement will expire on January 31, 2034; and Whereas, the Second Amendment also approves an increase rent rate for the addi- tional antenna and extended term for the Lease Agreement. Whereas, the City Council finds that it is in the best interest of the City of Dubuque to ap- prove the Second Amendment. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA., AS FOLLOWS: Section 1. The Second Amendment to the Lease Agreement attached hereto is hereby approved. Section 2. The City Manager is hereby au- thorized and directed to sign the Second Amendment on behalf of the City of Dubuque. Passed, approved and adopted this 3rd day of September 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 9. Kwik Trip, Inc. Property Right of Way Plat and Dedication — for Future Roundabout Improvements at the Intersection of Airborne Road and Seippel Road: Upon motion the documents were received and filed, and Reso- lution No. 268-24 Approving the Acquisition Plat of Lot 1A and Lot 1 B of Airborne Place, in the City of Dubuque, IA. was adopted. RESOLUTION NO. 268-24 APPROVING THE ACQUISITION PLAT OF LOT 1A AND LOT 1B OF AIRBORNE PLACE, IN THE CITY OF DUBUQUE, IA. Whereas, there has been presented to the City Council of the City of Dubuque, IA., an Acquisition Plat dated August 22, 2024 pre- pared by The City of Dubuque Engineering Department describing Lot 1A and Lot 1B of Airborne Place, in the City of Dubuque, IA.; and Whereas, said plat conforms to the laws and statutes pertaining thereto; and Whereas, upon said plat appears Lot 1A and Lot 1 B, 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 DUBUQUE, IA.: Section 1. That the plat dated August 22, 2024, 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, IA.. Section 2. That the dedication of Lot 1A and Lot 1B of Airborne Place, in the City of Dubuque, IA., for Right of Way for street and utility purposes, as it appears on said Acquisi- tion Plat, be and the same are hereby accept- ed. 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, IA. Passed, approved and adopted this 3rd day of September 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 10. Resolutions Supporting Iowa State His- toric Preservation Tax Credit Part 2B Applica- tions: Upon motion the documents were re- ceived and filed, and Resolution No. 269-24 In support of Iowa State Historic Preservation Tax Credit Part 2B Application submitted to the Iowa Economic Development Authority by First Congregational Church for a Historic Rehabili- tation Project at 1044 Locust Street; Resolu- tion No. 270-24 In support of Iowa State His- toric Preservation Tax Credit Part 2B Applica- tion submitted to the Iowa Economic Devel- opment Authority by St. Elias The Prophet Greek Orthodox Church for a Historic Page 355 of 1311 Book 154 Regular Session, September 3, 2024 269 Rehabilitation Project at 419 N. Grandview Ave; and Resolution No. 271-24 In support of Iowa State Historic Preservation Tax Credit Part 2B Application submitted to the Iowa Economic Development Authority by St. Raphael's Convent and School and St. Raph- ael's Cathedral Church for a Historic Rehabili- tation Project at 231 Bluff Street were adopted. RESOLUTION NO. 269-24 IN SUPPORT OF IOWA STATE HISTORIC PRESERVATION TAX CREDITPART 2B AP- PLICATION SUBMITTED TO THE IOWA ECONOMIC DEVELOPMENT AUTHORITY BY FIRST CONGREGATIONAL CHURCH FOR A HISTORIC REHABILITATION PRO- JECT AT 1044 LOCUST STREET Whereas, First Congregational Church has requested City support for its Historic Preser- vation Tax Credit Part 2B application to the Iowa Economic Development Authority ("IE- DA") for the rehabilitation of its historic church building located at 1044 Locust Street, Dubu- que, IA. (the "Project"); and Whereas, the building is a contributing building in the Jackson Park Historic District and is eligible for State Historic Preservation Tax Credits for the rehabilitation of the build- ing; and Whereas, the successful completion of the Project requires funding from a number of sources, including the State of Iowa Historic Preservation Tax Credit; and Whereas, the Historic Preservation Tax Credit Part 2B application is a competitive ap- plication that gives points for various aspects, including local government support of the Pro- ject in the jurisdiction of which it is located; and Whereas, City support will help the Project to score higher on its application and increase the likelihood that the Part 2B application re- sults in an award of Historic Preservation Tax Credits for the Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. THAT: Section 1. The City Council of the City of Dubuque does hereby express its support for the Project and for First Congregational Church to submit its Historic Preservation Part 2B application to the IEDA seeking an award of Historic Preservation Tax Credits for the Project. Section 2. The City's Office of Economic Development is directed to transmit a copy of this resolution to First Congregational Church. Passed, approved, and adopted this 3rd day of September 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 270-24 IN SUPPORT OF IOWA STATE HISTORIC PRESERVATION TAX CREDITPART 2B AP- PLICATION SUBMITTED TO THE IOWA ECONOMIC DEVELOPMENT AUTHORITY BY ST. ELIAS THE PROPHET GREEK OR- THODOX CHURCH FOR A HISTORIC RE- HABILITATION PROJECT AT 419 N. GRANDVIEW AVE. Whereas, St. Elias the Prophet Greek Or- thodox Church has requested City support for its Historic Preservation Tax Credit Part 2B application to the Iowa Economic Development Authority ("IEDA") for the rehabilitation of its historic church building located at 419 N. Grandview Avenue, Dubuque, IA. (the "Pro- ject"); and Whereas, the building has been deemed eligible for listing on the National Register of Historic Places and is eligible for State Historic Preservation Tax Credits for the rehabilitation of the building; and Whereas, the successful completion of the Project requires funding from a number of sources, including the State of Iowa Historic Preservation Tax Credit; and Whereas, the Historic Preservation Tax Credit Part 2B application is a competitive ap- plication that gives points for various aspects, including local government support of the Pro- ject in the jurisdiction of which it is located; and Whereas, City support will help the Project to score higher on its application and increase the likelihood that the Part 2B application re- sults in an award of Historic Preservation Tax Credits for the Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. THAT: Section 1. The City Council of the City of Dubuque does hereby express its support for the Project and for St. Elias the Prophet Greek Orthodox Church to submit its Historic Preser- vation Tax Credit Part 2B application to the IEDA seeking an award of Historic Preserva- tion Tax Credits for the Project. Section 2. The City's Office of Economic Development is directed to transmit a copy of this resolution to St. Elias the Prophet Greek Orthodox Church. Passed, approved, and adopted this V day of September 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 271-24 IN SUPPORT OF IOWA STATE HISTORIC PRESERVATION TAX CREDIT PART 2B APPLICATION SUBMITTED TO THE IOWA ECONOMIC DEVELOPMENT AUTHORITY BY ST. RAPHAEL'S CONVENT AND SCHOOL AND ST. RAPHAEL'S CATHE- DRAL CHURCH FOR A HISTORIC Page 356 of 1311 Book 154 Regular Session, September 3, 2024 270 REHABILITATION PROJECT AT 231 BLUFF STREET Whereas, St. Raphael's Convent and School and St. Raphael's Cathedral Church has requested City support for its Historic Preservation Tax Credit Part 2B application to the Iowa Economic Development Authority ("IEDA") for the rehabilitation of its historic church building and rectory located at 231 Bluff Street, Dubuque, IA. (the "Project"); and Whereas, the building is a contributing building in the Cathedral Historic District and is eligible for State Historic Preservation Tax Credits for the rehabilitation of the buildings; and Whereas, the successful completion of the Project requires funding from a number of sources, including the State of Iowa Historic Preservation Tax Credit; and Whereas, the Historic Preservation Tax Credit Part 2B application is a competitive ap- plication that gives points for various aspects, including local government support of the Pro- ject in the jurisdiction of which it is located; and Whereas, City support will help the Project to score higher on its application and increase the likelihood that the Part 2B application re- sults in an award of Historic Preservation Tax Credits for the Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. THAT: Section 1. The City Council of the City of Dubuque does hereby express its support for the Project and for St. Raphael's Convent and School and St. Raphael's Cathedral Church to submit its Historic Preservation Tax Credit Part 2B application to the IEDA seeking an award of Historic Preservation Tax Credits for the Project. Section 2. The City's Office of Economic Development is directed to transmit a copy of this resolution to St. Raphael's Convent and School and St. Raphael's Cathedral Church. Passed, approved, and adopted this 3rd day of September 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 11. Letters of Designation to the Iowa Eco- nomic Development Authority for Local Gray - field Tax Credit Projects: City Manager trans- mitted letters provided to local developers to accompany their applications to the Iowa Eco- nomic Development Authority (IEDA). Upon motion the documents were received and filed. 12. Resolution of Support for an Applica- tion to Iowa Economic Development Authori- ty's Challenge Grant Program for a Project at 980 Main Street: Upon motion the documents were received and filed, and Resolution No. 272-24 In support of Main Street Challenge Grant Application submitted to the Iowa Eco- nomic Development Authority by Dubuque Main Street for the rehabilitation project at 980 Main Street was adopted. RESOLUTION NO. 272-24 IN SUPPORT OF MAIN STREET CHAL- LENGE GRANT APPLICATION SUBMITTED TO THE IOWA ECONOMIC DEVELOPMENT AUTHORITY BY DUBUQUE MAIN STREET FOR THE REHABILITATION PROJECT AT 980 MAIN STREET Whereas, Dubuque Main Street has re- quested City of Dubuque support for its 2024 Challenge Grant application to the Iowa Eco- nomic Development Authority ("IEDA") for the rehabilitation of property located at 980 Main Street, Dubuque, IA. (the "Project"); and Whereas, the Project supports local revital- ization efforts and stimulates additional district investment through the rehabilitation of a va- cant building; and Whereas, the City Council of the City of Dubuque believes the Project is appropriately planned and achievable within the two-year contract period; and Whereas, the successful completion of the Project requires funding from a number of sources, including the Main Street Challenge Grant; and Whereas, the Main Street Challenge Grant application is a competitive application that gives points for various aspects, including local government support of the Project in the juris- diction of which it is located; and Whereas, City support will help the Project to score higher on its application and increase the likelihood that the Main Street Challenge Grant application results in an award of Main Street Challenge Grant funding for the Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. THAT: Section 1. The City Council of the City of Dubuque does hereby express its support for the Project and for Dubuque Main Street to submit its Main Street Challenge Grant appli- cation to the IEDA seeking an award of Main Street Challenge Grant funding for the Project. Section 2. The City's Office of Economic Development is directed to transmit a copy of this resolution to Dubuque Main Street. Passed, approved, and adopted this 3rd day of September 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 13. Updated Creating Housing Opportuni- ties Handout: Upon motion the documents were received and filed. Page 357 of 1311 Book 154 Regular Session, September 3, 2024 271 14. Grass and weed cutting and garbage collection assessments: Upon motion the doc- uments were received and filed, and Resolu- tion No. 273-24 Authorizing the City to collect delinquent grass and weed cutting and gar- bage collection charges in accordance with Title 6-4-3A and Title 6-8-2 of the Code of Or- dinances of the City of Dubuque, IA. was adopted. RESOLUTION NO. 273-24 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 ORDINANC- ES 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 Officer 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, IA.: 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, IA., 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 collect- ed in the same manner as general property taxes against the respective parcels of proper- ty set opposite the names of the owners. Passed, approved and adopted this 3rd day of September 2024. Brad M Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk Schedule of Assessments Delinquent Grass and Weed Cutting and Garbage Collection Location; Owner; Parcel #; Amount; Category 3645 Hillcrest; Lot 9 Blk 17a Key Knolls Sub; Chen, Jie 3645 Hillcrest Rd Dubuque IA 52001; 1021401001; $135.00; grass/weeds 650 Oneill; Lot 20 O'Neill's Riverview; Weis, Alisha Lynn 650 Oneill St Dubuque IA 52001; 1013128011; $80.00; grass/weeds 2611 Pinard; Lot 285 Glendale Add #3; Puck- ett, Irma L 2611 Pinard St Dubuque IA 52001; 1013331008; $135.00; grass/weeds 984 Rush; Lot 176 Union Add; Delapp, Austin 984 Rush St Dubuque IA 52003; 1025384011; $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 321 Kaufmann; Lot 3 Weland's Sub; Valentine, Jeremy R 321 Kaufmann Ave Dubuque IA 52001; 1024127037; $135.00; grass/weeds 1876 White; NM 1/5 of City Lot 487; Mid Amer- ica Property Management LLC PO Box 1572 Dubuque IA 52004; 1024257003; $116.84; garbage 1763 White; Lot 2-2 of NM 1/5 of City Lot 435 & N 19.2' of M 1/5 of City Lot 435; Mid Amer- ica Property Management LLC PO Box 1572 Dubuque IA 52004; 1024261012; $347.04; garbage 542 W 11 th; W 52' of Lot 1 of City Lot 687; 542 11th St Apartments LLC 309 Winnebago Dr Galena IL 61036; 1024387001; $213.36; garbage 1360 Dell; Lot 2-810 A Mcdaniels Sub; Paul, Jacob R 1825 74th Place Kenosha WI 53143; 1024340003; $220.36; garbage 1663 Washington; N 1/2 Lot 84 East Dubuque Add; Mcdermott Enterprises LLC 333 E 10th St, Apt 330 Dubuque IA 52001; 1024268014; $246.36; garbage 2615 Central; N 34' of Lot 245 Davis Farm; Culbertson, Joseph 18374 Kramer Rd East Dubuque IL 61025; 1013314015; $213.36; garbage 2611 Pinard; Lot 285 Glendale Add #3; Puck- ett, Irma L 2611 Pinard St Dubuque IA 52001; 1013331008; $125.68; garbage 543 W 8th; Lot 1 of W 1/2 of Lot 11 of City Lot 688 & Pt of 654; Nottingham Properties LLC855 S Grandview Hgts Dubuque IA 52003; 1025128002; $131.68; garbage 460 W Locust; Lot 2-1 & 2-3 Bowens Sub; Mid America Property Management LLC PO Box 1572 Dubuque IA 52004; 1024179004; $239.36; garbage 1611 Main; S 1/5 of City Lot 472; Leak Invest- ments LLC 709 Garfield Ave Dubuque IA 52001; 1024330018; $213.36; garbage 1428 Iowa; S 26.38' of SM 1/5 & N 8.2' of N 262" of S 1/5 City Lots 455; River Walk Properties LLC PMB 311 3500 Dodge St, Suite 205 Dubuque IA 52002; 1024407004; $720.72; garbage Page 358 of 1311 Book 154 Regular Session, September 3, 2024 272 1261 Thomas; Lots 7 & 8 Emsley's Sub; Smith, Jeffrey Thomas 1261 Thomas PI Dubuque IA 52001; 1013428016; $322.36; garbage 346 Klingenberg; Lot 18 Charles Klingenberg's 4th; Mid America Property Management LLC PO Box 1572 Dubuque IA 52004; 1024133018; $200.36; garbage 632 W 8th; Lot 25 Rogers Sub; Budde, Lance A 7697 N Indian Rdg. East Dubuque IL 61025; 1025133009; $304.36; garbage 565 W 17th; W 33' of Lot 5 Quigleys Sub Of 709; Mid America Property Management LLC PO Box 1572 Dubuque IA 52004; 1024326014; $213.36; garbage 1051 Center; Lot 3 Newburgh's Sub; Klitzke, Jim Michael 2016 28th St, Monroe WI 53566; 1025102005; $252.36; 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; $239.36; garbage 1876 Washington; N 1/2 of Lot 98 East Dubu- que Add; Mid America Property Manage- ment LLC PO Box 1572 Dubuque IA 52004; 1024259004; $213.36; garbage 1609 Washington; Lot 2-N 33'3" of Lot 82 East Dubuque Add; Mid America Property Man- agement LLC PO Box 1572 Dubuque IA 52004; 1024268020; $252.36; garbage 209 E 22"d W 33'-W65'-Lot 84 L H Langwor- thy's Add; Mid America Property Manage- ment LLC PO Box 1572Dubuque IA 52004; 1024203021; $213.36; garbage 2410 Queen; N 30' Lot 39 Stafford's Add; Ramirez, Emiliano 89 Southern Ave Dubu- que IA 52003; 1013453011; $213.36; gar- bage 2271 Washington; Lot 78 L H Langworthy's Add; Boge, Robert E 2703 N Grandview Ave Dubuque IA 52001; 1013459029; $213.36; garbage 2540 Elm; Lot 77 E Langworthy's Add; Sharkey, Greg 2540 Elm St Dubuque IA 52001; 1013413004; $165.00; grass/weeds 290 Bryant; Lot 4 Sub 145 & 146 Union Add; Gneiser, Robert John II & Elizabeth J Runicka-Gneiser 290 Bryant St Dubuque IA 52003; 1025361010; $1,285.00; grass/weeds 1360 Dell; Lot 2-810 A Mcdaniels Sub; Paul, Jacob R 1825 74th Place Kenosha WI 53143; 1024340003; $235.00; grass/weeds 425 Hill; Lot 29 Deming & Horr's Sub; Apgar, Griffith D & Kimberly S 425 Hill St Dubuque IA 52001; 1025176018; $235.00; grass/weeds 15. Nature Everywhere Accelerator Com- munity Letter of Support and Appointment of City Representative to Leadership Team: Mo- tion by Wethal to receive and file the docu- ments and approve the City's active participa- tion in the Nature Everywhere Accelerator Community and approve appointing Leisure Services Director Marie Ware to the Nature Everywhere Community team. Seconded by Sprank. The City Council praised the collabo- ration between the city and its partners on this initiative, noting that it could potentially secure funding for outdoor activities. Motion carried 7- 0. 16. Signed Contract(s): Subaward Agree- ment with the Dubuque County Board of Health for the Childhood Lead Poisoning Pre- vention Program. Upon motion the documents were received and filed. 17. Retail Alcohol License Refund - Gold Standard Athletics: Request from Gold Stand- ard Athletics for a refund of the Liquor License No. BW0097344 located at 555 John F. Ken- nedy Rd. Suite 415 due to business closing. Upon motion the documents were received, filed, and approved. 18. USEPA Brownfields Multipurpose Grant - E 24th Street Site Contaminated Soil Removal Project (Comiskey Park Property) - Request to Award Project to Qualified Bidder: Upon motion the documents were received and filed, and Resolution No. 274-24 Awarding Public Improvement Construction Contract and authorizing payment for the USEPA Brown - fields Multipurpose Grant E. 24th Street Site Contaminated Soil Removal Project was adopted. RESOLUTION NO. 274-24 AWARDING PUBLIC IMPROVEMENT CON- STRUCTION CONTRACT AND AUTHORIZ- ING PAYMENT FOR THE USEPA BROWN - FIELDS MULTIPURPOSE GRANT E. 24TH STREET SITE CONTAMINATED SOIL RE- MOVAL PROJECT Whereas, the City of Dubuque is the recip- ient of a USEPA Multipurpose Brownfields grant (the Grant); and Whereas, pursuant to the Grant the City must expend funds on eligible projects; and Whereas, City staff have identified eligible project work under the Grant to complete the E. 24th Street Site Contaminated Soil Removal Project (the Project); and Whereas, sealed informal bid proposals are scheduled to be submitted by contractors for the Project on the 6th day of September 2024; and Whereas, said sealed proposals shall be opened and read on the 6th day of September 2024; and Whereas, City staff shall select the lowest responsive, responsible bidder for the Project; and Page 359 of 1311 Book 154 Regular Session, September 3, 2024 273 Whereas, the City Manager is authorized to award and execute contracts and to author- ize work to proceed under contracts for public improvement projects up to the threshold for competitive bidding as provided by Iowa Code chapter 26. Whereas, the final contract of the Project work is estimated at $123,000.00; and the City Manager is authorized to execute contracts up to $500,000 pursuant to Resolution 286-17; and Whereas, pursuant to Iowa code 380.4, a resolution must be passed to spend public funds in excess of $100,000 on a public im- provement project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. A Public Improvement Construc- tion Contract for the Project shall hereby be awarded to the lowest responsive, responsible bidder for the Project 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. Section 2. The Chief Financial Officer is hereby directed to pay to the Contractor for its completed work upon receipt of invoice as provided in Iowa Code chapter 573.13. Passed, adopted, and approved this 3rd day of September 2024. 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. Water Treatment Plant SCADA System Upgrade Project - Project Initiate and Set the Public Hearing: Upon motion the documents were received and filed and Resolution No. 275-24 Water Treatment Plant SCADA System Upgrade Project: preliminary approval of plans, specifications, form of contract, and estimated cost; setting the date of the public hearing on plans, specifications, form of con- tract, 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 September 16, 2024 in the His- toric Federal Building. RESOLUTION NO. 275-24 WATER TREATMENT PLANT SCADA SYS- TEM UPGRADE PROJECT: PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING THE DATE OF THE PUB- LIC 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 DUBUQUE, IA.: Section 1. The proposed plans, specifica- tions, form of contract and estimated cost for the Water Treatment Plant SCADA System Upgrade Project in the amount of $1,850,000, 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 16th day of September, 2024, at 6:30 p.m. in the Historic Federal Building Council Cham- bers (second floor) 350 W. 6th Street, Dubu- que, IA., at which time interested persons may appear and be heard for or against the pro- posed plans and specifications, form of con- tract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, IA., which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or esti- mated cost of the Project. Section 3. The Water Treatment Plant SCADA System Upgrade Project is hereby ordered to be advertised for bids for construc- tion. Section 4. The amount of the security to accompany each bid shall be an amount which shall conform to the provisions of the Notice to Bidders hereby approved. Section 5. The City's Water Department Di- rector is hereby directed to advertise for sealed bids for the construction of the im- provements 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 loth day of October, 2024. 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 21st day of October 2024, in the Historic Federal Building Council Cham- bers (second floor), 350 West 6th Street, Dubuque, IA. Passed, adopted and approved this 3rd day of September 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk Page 360 of 1311 Book 154 Regular Session, September 3, 2024 274 2. Setting a Public Hearing for the Vacating of a portion of a Storm Water Detention Basin Access Easement across a Part of Lot 2 of Cedar Ridge Farm Place # 10, in the City of Dubuque, IA., common address 3100 Cedar Crest Ridge: Upon motion the documents were received and filed and Resolution No. 276-24 Intent to vacate and dispose of city interest in a portion of a Storm Water Detention Basin Access Easement Through, Over, And Across Part Of Lot 2 Of Cedar Ridge Farm Place # 10, in the City of Dubuque, IA. was adopted set- ting a public hearing for a meeting to com- mence at 6:30 p.m. on September 16, 2024, in the Historic Federal Building. RESOLUTION NO. 276-24 RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN A POR- TION OF A STORM WATER DETENTION BASIN ACCESS EASEMENT THROUGH, OVER, AND ACROSS PART OF LOT 2 OF CEDAR RIDGE FARM PLACE # 10, IN THE CITY OF DUBUQUE, IA. Whereas, the City of Dubuque and Drake House South, LLC have agreed to relocate the existing storm water detention basin access easement thru Lot 2 of Cedar Ridge Farm Place # 10, in the City of Dubuque, IA. in order to accommodate the proposed commercial development on said lot; and Whereas, Drake House South, LLC has executed the newly located Storm Water De- tention Basin Access Easement through, over, and across Part of Lot 2 of Cedar Ridge Farm Place # 10, in the City of Dubuque, IA., which by Resolution 235-24 was accepted by the City of Dubuque and recorded as Instrument Number 2024-7239 in the Dubuque County Recorder's Office; and Whereas, the City now needs to vacate a portion of the original Storm Water Detention Basin Access Easement through, over, and across Lot 2 of Cedar Ridge Farm Place # 10, in the City of Dubuque, IA. originally created on the Final Plat of Cedar Ridge Farm Place No. 4 recorded as Instrument Number 12997- 01 in the Dubuque County Recorder's Office. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the City of Dubuque, in- tends to vacate and dispose of its interest in a portion of the original Storm Water Detention Basin Access Easement through, over, and across Lot 2 of Cedar Ridge Farm Place # 10, in the City of Dubuque, IA. originally created on the Final Plat of Cedar Ridge Farm Place No. 4 recorded as Instrument Number 12997- 01 in the Dubuque County Recorder's Office. Section 2. That a public hearing on the in- tent to vacate and dispose of City interest in a portion of the original Storm Water Detention Basin Access Easement through, over, and across Lot 2 of Cedar Ridge Farm Place # 10, in the City of Dubuque, IA. originally created on the Final Plat of Cedar Ridge Farm Place No. 4 recorded as Instrument Number 12997- 01 in the Dubuque County Recorder's Office, is hereby set for the 16th day of September, 2024, at the Historic Federal Building, 350 W. 6"' Street, Dubuque, IA., 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 and dispose of said interest to be published in the manner as prescribed by law. Passed, approved, and adopted this 3rd day of September 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk BOARDS/COMMISSIONS Appointments were made to the following boards/commissions. 1. Board of Library Trustees: One, 4-Year term through July 1, 2028 (Vacant term of Armstrong). Applicants: Tom Brennan, 3275 Cider Rdg.; Diann Guns, 1715 Diane Ct.; Ni- cole O'Brien, 2691 Ravens Oaks Dr. Upon roll call vote, Guns was appointed to the term, receiving all 7 votes. 2. Historic Preservation Commission: Two, 3-Year terms through July 1, 2027 (Vacant At - Large terms of Cassill and Doyle). Applicants: Bill Doyle, 1591 White St.; Cole Hansen, 408 Burch St.; Heidi Pettitt, 3116 Central Ave. Up- on roll call vote, Doyle and Pettitt were ap- pointed to the terms, respectively receiving all 7 votes. 3. Housing Commission: Two, 3-Year terms through August 17, 2027 (Expiring terms of Janes and Kehoe). Applicants: Ross Janes, 2741 Muscatine St.; Renee Kehoe, 1209 Lin- coln Ave. Motion by Roussell to appoint Janes and Kehoe to the terms. Seconded by Farber. Motion carried 7-0. 4. Housing Trust Fund Advisory Commit- tee: Two, 3-Year terms through August 17, 2027 (Expiring terms of Becwar and Holz). Applicants: Michelle Becwar, 2115 Coates St.; Jim Holz, 3010 Indiana Ct. Motion by Jones to appoint Becwar and Holz to the terms. Se- conded by Farber. Motion carried 7-0. 5. Long Range Planning Advisory Com- mission: One, 3-Year term through July 1, 2027 (Expired term of McGrath). Applicant: Beth McGrath, 2385 Clarke Crest Dr. Motion by Wethal to appoint McGrath to the term. Seconded by Roussell. Motion carried 7-0. Page 361 of 1311 Book 154 Regular Session, September 3, 2024 275 PUBLIC HEARINGS 1. Resolution Approving the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal Area, Version 2024.1: Motion by Roussell to receive and file the documents and adopt Resolution No. 277- 24 Approving the Amended and Restated Ur- ban Renewal Plan for the Greater Downtown Urban Renewal District, Version 2024.1. Se- conded by Wethal. Motion carried 7-0. RESOLUTION NO. 277-24 APPROVING THE AMENDED AND RE- STATED URBAN RENEWAL PLAN FOR THE GREATER DOWNTOWN URBAN RE- NEWAL DISTRICT, VERSION 2024.1 Whereas, by Resolution 246-24 on August 5, 2024, the City Council of the City of Dubu- que, IA. authorized the preparation of an Amended and Restated Urban Renewal Plan (the "Amended and Restated Plan, Version 2024.1 ") 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 2024.1, 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 Io- wa with no written objections or recommended changes to the Amended and Restated Plan, Version 2024.1, received; and Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public hearing on the proposed Amend- ed and Restated Plan, Version 2024.1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the Amended and Restated Urban Renewal Plan, Version 2024.1, 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, IA. 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 September 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Resolution Approving an Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal Area, Version 2024.2: Motion by Resnick to receive and file the documents and adopt Resolution No. 278- 24 Approving the Amended and Restated Ur- ban Renewal Plan for the Greater Downtown Urban Renewal District, Version 2024.2. Se- conded by Wethal. Motion carried 7-0. RESOLUTION NO. 278-24 APPROVING THE AMENDED AND RE- STATED URBAN RENEWAL PLAN FOR THE GREATER DOWNTOWN URBAN RE- NEWAL DISTRICT, VERSION 2024.2 Whereas, by Resolution 247-24 on August 5, 2024, the City Council of the City of Dubu- que, IA. authorized the preparation of an Amended and Restated Urban Renewal Plan (the "Amended and Restated Plan, Version 2024.2") 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 2024.2, 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 Io- wa with no written objections or recommended changes to the Amended and Restated Plan, Version 2024.2, received; and Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public hearing on the proposed Amend- ed and Restated Plan, Version 2024.2. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the Amended and Restated Urban Renewal Plan, Version 2024.2, 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, IA. 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 September 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Approving a First Amendment to Devel- opment Agreement by and between the City of Dubuque, IA. and CARich Properties, LLC to Redevelop Property at 1706 Central Avenue: Motion by Resnick to receive and file the doc- Page 362 of 1311 Book 154 Regular Session, September 3, 2024 276 uments and adopt Resolution No. 279-24 Ap- proving a First Amendment to Development Agreement by and between the City of Dubu- que, IA. and CARich Properties, LLC, including the proposed issuance of urban renewal tax increment revenue obligations relating thereto. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 279-24 APPROVING A FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BE- TWEEN THE CITY OF DUBUQUE, IA. AND CARICH PROPERTIES, LLC, INCLUDING THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS RELATING THERETO Whereas, City and CARich Properties, LLC entered into a Development Agreement, dated the 3rd day of August 2020, providing for a Fagade Grant, a Planning & Design Grant, a Financial Consultant Grant, and a Housing Creation Grant; and Whereas, the City Council, by Resolution No. 257-24, dated August 19, 2024, declared its intent to approve a First Amendment to Grant Agreement by and between the City of Dubuque, IA., and CARich Properties, LLC; and Whereas, pursuant to published notice, a public hearing was held on the proposed First Amendment to Grant Agreement on Septem- ber 3, 2024, 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 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, IA.: Section 1. That the First Amendment to Development Agreement by and between the City of Dubuque, IA., and CARich Properties, LLC, a copy of which is attached hereto, in- cluding the issuance of Urban Renewal Tax Increment Revenue Obligations, is hereby approved. Section 2. That the Mayor is hereby au- thorized and directed to execute the First Amendment to 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 First Amendment to Agreement as herein approved. Passed, approved and adopted this 3rd day of September, 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Keymont Drive Pavement Rehabilitation Project Public Hearing: Motion by Farber to receive and file the documents and adopt Resolution No. 280-24 Approval of plans, specifications, form of contract, and estimated cost for the Keymont Drive Pavement Rehabili- tation Project. Seconded by Jones. Martha Lovett, 3452 Keymont Dr., spoke in support of the project. City Clerk Breitfelder stated that Ms. Lovett also submitted written input. In re- sponse to City Council questions, City Manag- er Van Milligen explained that a private devel- oper had installed the permeable pavers with poor workmanship. Assistant City Engineer Bob Schisel stated that permeable pavement allows water to infiltrate the ground, therefore, switching to more economical asphalt would increase runoff. Civil Engineer II Jon Dienst confirmed that all the pavers will be replaced. City Council Members thanked the Keymont Dr. residents for their persistent follow-up on concerns, noting that the situation highlights why permeable pavement is not consistently used on public streets. Motion carried 7-0. RESOLUTION NO. 280-24 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE KEYMONT DRIVE PAVE- MENT REHABILITATION PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the attached plans, specifi- cations, form of contract and estimate of total cost for the Keymont Drive Pavement Rehabili- tation Project, in the estimated amount of $327,635.00 are hereby approved. Passed, approved and adopted this 3rd day of September 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk PUBLIC INPUT Jenna Hirtz, Executive Director of the Dubuque Arboretum and Botanical Gardens, spoke on Action Item No. 9, expressing con- cerns about allowing pets on their grounds. City Clerk Breitfelder announced that writ- ten input was received on Action Item No. 9 from the following individuals: Lorna Costello; Jessica Riedl, 2215 Green St.; Kathy and Jeff Roberts, Wheatland Dr.; Arthur Gilloon, 535 Heritage Dr. ACTION ITEMS 1. Proposed Property Maintenance Code Amendments modifying requirements for bat- tery operated smoke alarms and an amend- ment to require GFCI protection for recepta- cles that are closer than six feet from a water Page 363 of 1311 Book 154 Regular Session, September 3, 2024 277 source: Motion by Jones to receive and file the tacle outlets within six feet (6') of any documents and that the requirement that a water source shall have ground fault proposed ordinance be considered and voted circuit interrupter (GFCI) protection. All on for passage at two Council meetings prior receptacle outlets shall have the ap- to the meeting at which it is to be passed be propriate faceplate cover for the loca- suspended. Seconded by Farber. In response tion. to questions, Assistant Housing and Communi- Exception: In lieu of every habitable ty Development Director Michael Belmont dis- space in a dwelling containing two sep- cussed the lifespan of smoke alarms and men- arate and remote receptacle outlets, tioned that staff have notified suppliers about one receptacle and a separate perma- the upcoming change. Mr. Belmont clarified nently installed light fixture is allowable. that the requirement for sealed, tamper- .... resistant 10-year battery powered smoke 704.6.3 Power source. Amended to read: alarms applies only to properties that do not 704.6.3 Power source. have hardwired smoke alarms. He also noted 704.6.3.1 General that the proposed change has been shared Single -station smoke alarms shall re - with the Dubuque Area Landlords Association ceive their primary power the building and that staff will collaborate with the Public wiring provided that such wiring is Information Office to inform the public. City served from a commercial source and Attorney Brumwell stated that Iowa Code shall be equipped with a battery back- §10A.518 prohibits tampering with smoke up. Smoke alarms with integral strobes alarms. Motion carried 7-0. that are not equipped with battery Motion by Jones for final consideration and backup shall be connected to an emer- passage of Ordinance No. 49-24 Amending gency electrical system. Smoke alarms City of Dubuque Code of Ordinances Title 14 shall emit a signal when the batteries Building and Development, Chapter 1 Building are low. Wiring shall be permanent and Codes, Article J Property Maintenance Code, without a disconnecting switch other Section 14-1J- 2 International Property than as required for overcurrent protec- Maintenance Code Amendments. Seconded tion. by Farber. Motion carried 7-0. Exceptions: 1. Smoke alarms are permitted to be ORDINANCE NO. 49-24 solely battery operated in existing AMENDING CITY OF DUBUQUE CODE OF buildings where construction is not ORDINANCES TITLE 14 BUILDING AND taking place, provided that the bat - DEVELOPMENT, CHAPTER 1 BUILDING tery is nonremovable, nonreplacea- CODES, ARTICLE J PROPERTY MAINTE- ble and powers the alarm for at NANCE CODE, SECTION 14-1J-2 INTERNA- least ten years. TIONAL PROPERTY MAINTENANCE CODE 2. Smoke alarms are permitted to be AMENDMENTS solely battery operated in buildings NOW, THEREFORE, BE IT ORDAINED that are not served from a commer- BY THE CITY COUNCIL OF THE CITY OF cial power source, provided that the DUBUQUE, IA.: battery is nonremovable, nonre- Section 1. Section 14-1J-2 of the City of placeable and powers the alarm for Dubuque Code of Ordinances is hereby at least ten years. amended to read as follows: 3. Smoke alarms are permitted to be 14-1J-2: International Property Mainte- solely battery operated in existing nance Code Amendments: The following areas of buildings undergoing alter - additions, deletions, modifications, or ations or repairs that do not result in amendments of the International Property the removal of interior walls or ceil- Maintenance Code, 2021 edition, adopt- ing finishes exposing the structure, ed in section 14-1J-1 of this article to unless there is an attic, crawl space read as follows: or basement available that could provide access for building wiring Section 605.2. Receptacles. Amended to without the removal of interior fin - read: ishes, provided that the battery is Every habitable space in a dwelling nonremovable, nonreplaceable and shall contain not less than two separate powers the alarm for at least ten and remote receptacle outlets. Every years. laundry area shall contain not less than 704.6.3.2 Battery -Powered Smoke one grounding -type receptacle or a re- Alarms in Federally Assisted Housing ceptacle with a ground fault circuit in- After December 23, 2024, battery- terrupter. Every bathroom shall contain powered smoke alarms listed in ac- not less than one receptacle. All recep- cordance with UL 217 must be pow - Page 364 of 1311 Book 154 Regular Session, September 3, 2024 278 ered by a nonremovable, nonreplacea- 2. Proposed International Fire Code ble battery that powers the alarm for at Amendments modifying requirements for bat - least ten years if installed in any of the tery operated smoke alarms: Motion by Rous- following federally assisted housing: sell to receive and file the documents and that 1. Public Housing, Tenant -Based As- the requirement that a proposed ordinance be sistance, And Project -Based Assis- considered and voted on for passage at two tance — The United States Housing Council meetings prior to the meeting at which Act of 1937 (42 U.S.C. 1437 et it is to be passed be suspended. Seconded by seq.) Sprank. Motion carried 7-0. 2. Supportive Housing for the Elderly Motion by Roussell for final consideration .—Section 2020) of the Housing Act and passage of Ordinance No. 50-24 Amend - of 1959 (12 U.S.C. 1701go)) ing City of Dubuque Code of Ordinances Title 3. Supportive Housing for Persons 14 Building and Development, Chapter 1 with Disabilities — Section 8110) of Building Codes, Article F Fire Code and Regu- the Cranston -Gonzalez National Af- lations, Section 14-1 E-2 International Fire fordable Housing Act (42 U.S.C. Code Amendments. Seconded by Sprank. 80130)) Motion carried 7-0. 4. Housing Opportunities for Persons with AIDS — Section 856 of the ORDINANCE NO. 50-24 Cranston -Gonzalez National Af- AMENDING CITY OF DUBUQUE CODE OF fordable Housing Act (42 U.S.C. ORDINANCES TITLE 14 BUILDING AND 12905) DEVELOPMENT, CHAPTER 1 BUILDING 5. Rural Housing — Title V of the CODES, ARTICLE F FIRE CODE AND REG- Housing Act of 1949 (42 U.S.C. ULATIONS, SECTION 14-1E-2 INTERNA- 1471 et seq.) TIONAL FIRE CODE AMENDMENTS 6. Farm Labor Housing Direct Loans NOW, THEREFORE, BE IT ORDAINED & Grants — Section 516 of the BY THE CITY COUNCIL OF THE CITY OF Housing Act of 1949 (42 U.S.C. DUBUQUE, IA.: 1486) Section 1. Section 14-1 E-2 of the City of 704.6.3.3 Battery -Powered Smoke Alarm Dubuque Code of Ordinances is hereby Replacement amended to read as follows: After January 1, 2025, a battery- 14-1 E-2: International Fire Code Amend - powered smoke alarm listed in accord- ments: The following additions, deletions, ance with UL 217 that replaces an ex- modifications, or amendments of the Inter- isting battery -powered smoke alarm national Fire Code, 2021 edition, adopted must be powered by a nonremovable, in section 14-1 E-1 of this article to read as nonreplaceable battery that powers the follows: alarm for at least ten years. .... Exception: Section 1103.8.3 Power Source. Amended The nonremovable, nonreplaceable to read: battery requirements do not apply to 1103.8.3 Power source. Single -station a fire alarm, smoke detector, smoke smoke alarms shall receive their primary alarm, or ancillary component that is power from the building wiring provided electronically connected as a part of a that such wiring is served from a com- centrally monitored or supervised mercial source and shall be equipped alarm system; that uses a low -power, with a battery backup. Smoke alarms radio frequency wireless communica- with integral strobes that are not tion signal. equipped with battery backup shall be 704.6.3.4 Battery -Powered Smoke Alarm connected to an emergency electrical Compliance Date system. Smoke alarms shall emit a signal On January 1, 2030, all existing bat- when the batteries are low. Wiring shall tery-powered smoke alarms must be be permanent and without a disconnect - powered by a nonremovable, nonre- ing switch other than as required for placeable battery that powers the alarm overcurrent protection. for at least ten years. Exceptions: 1. Smoke alarms are permitted to be Section 2. This ordinance shall take effect solely battery operated in existing upon publication. buildings where construction is not Passed, approved, and adopted this 3rd taking place, provided that the bat - day of September 2024. tery is nonremovable, nonreplacea- Brad Cavanagh, Mayor ble and powers the alarm for at Attest: Adrienne Breitfelder, City Clerk least ten years. 2. Smoke alarms are permitted to be Page 365 of 1311 Book 154 Regular Session, September 3, 2024 279 solely battery operated in buildings that are not served from a commer- cial power source, provided that the battery is nonremovable, nonre- placeable and powers the alarm for at least ten years. Smoke alarms are permitted to be solely battery operated in existing areas of buildings undergoing alter- ations or repairs that do not result in the removal of interior walls or ceil- ing finishes exposing the structure, unless there is an attic, crawl space or basement available that could provide access for building wiring without the removal of interior fin- ishes, provided that the battery is nonremovable, nonreplaceable and powers the alarm for at least ten years. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 3rd day of September 2024. Brad Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 3. Proposed International Residential Code Amendments modifying requirements for bat- tery operated smoke alarms: 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. In response to a question, Mr. Bel- mont stated that this amendment applies to new construction. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 51-24 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article B Residential Code, Section 14- 1 B-2 International Residential Code Amend- ments. Seconded by Wethal. Motion carried 7- 0. ORDINANCE NO. 51-24 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE B RESIDENTIAL CODE, SECTION 14-1 B-2 INTERNATIONAL RESI- DENTIAL CODE AMENDMENTS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. 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 Residential Code Amendments: The following additions, deletions, modifications, or amendments of the International Residential Code, 2021 edition, adopted in section 14-1 B-1 of this article to read as follows: R314.6 Power source. Amended to read: Section 314.6 Power source. 314.6.1 General Smoke alarms shall receive their prima- ry power from the building wiring where such wiring is served from a commer- cial source and, where primary power is interrupted, shall receive power from a battery. Wiring shall be permanent and without a disconnecting switch other than those required for overcur- rent protection. Exceptions: 1. Smoke alarms shall be permitted to be solely battery powered by a non - removable, nonreplaceable battery that powers the alarm for at least ten years, where installed in build- ings without commercial power. 2. Smoke alarms installed in accord- ance with Section R314.2.2 shall be permitted to be battery powered by a nonremovable, nonreplaceable battery that powers the alarm for at least ten years. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 3rd day of September 2024. Brad Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 4. Parking Access and Revenue Control System (PARCS) equipment purchase: Motion by Jones to receive and file the documents and approve replacing the current Parking Access and Revenue Control System (PARCS) equipment in the city's six parking ramps that is past its useful life through vendor Amano McGann who was selected and rec- ommended in the City's formal RFP process. Seconded by Wethal. In response to City Council questions, Transportation Services Director Ryan Knuckey noted a six-month lead time for parking equipment, which was previ- ously discussed in a work session and identi- fied as an urgent need. The new equipment will include gates and license plate readers (LPR) to automatically grant access to regis- tered permit holders. Once the construction schedule is finalized, staff will confirm the communication plan. Motion carried 7-0. 5. Tax Increment Ordinance for the Greater Downtown Urban Renewal District, Version 2024.1 of the Amended and Restated Plan: Motion by Roussell to receive and file the doc- Page 366 of 1311 Book 154 Regular Session, September 3, 2024 280 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 Wethal. Motion carried 7-0. Motion by Roussell for final consideration and passage of Ordinance No. 52-24 Amend- ing Ordinance No. 8-22, as amended, provid- ing that general property taxes levied and col- lected each year on all property located within the Greater Downtown Urban Renewal 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 Dis- trict, and other taxing districts, be paid to a special fund for payment of principal and inter- est on loans, monies advanced to and indebt- edness, including bonds issued or to be is- sued, incurred by said city in connection with the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renew- al District, by adding the Roosevelt Street Subarea to the division of revenues. Seconded by Wethal. Motion carried 7-0. ORDINANCE NO. 52-24 AMENDING ORDINANCE NO. 8-22, AS AMENDED, PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COL- LECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE GREATER DOWN- TOWN URBAN RENEWAL 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 DUBU- QUE, DUBUQUE COMMUNITY SCHOOL DISTRICT, AND OTHER TAXING DIS- TRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND IN- TEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, IN- CURRED BY SAID CITY IN CONNECTION WITH THE AMENDED AND RESTATED UR- BAN RENEWAL PLAN FOR THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT, BY ADDING THE ROOSEVELT STREET SUBAREA TO THE DIVISION OF REVE- NUES Whereas, the City Council of the City of Dubuque, IA. (the "City") has heretofore, in Ordinance No. 30-82, provided for the division of taxes within the original Downtown Dubuque Urban Renewal Project, Iowa R-15, described in Resolution No. 123-67 adopted on May 18, 1967, pursuant to Section 403.19 of the Code of Iowa; and Whereas, the Urban Renewal Plan for the original Downtown Dubuque Urban Renewal Project, Iowa R-15, subsequently has been amended on numerous occasions, growing through expansion or merger with other exist- ing urban renewal districts, resulting in Bluff Street, Cable Car, Chaplain Schmitt, East 7th Street, Ice Harbor Subarea A, Ice Harbor Sub- area B, Ice Harbor Subarea C, Industrial Har- bor, Kerper Boulevard, Old Main, South Bluff, South Main, South Port, Town Clock, Town Clock Expansion, Upper Main, Warehouse, Washington Street, North Kerper Boulevard, Quebecor, Harrison Street, Holy Ghost, Al- mond Street, North End, West Locust Street Corridor, University Avenue Corridor, Brewing & Malting, 15th Street, Lower Kaufmann, North Peru Road, Stafford Street, and Roosevelt Street Subareas being added to what is now known as the Amended and Restated Greater Downtown Urban Renewal District; and Whereas, consistent with the amendments to the Urban Renewal Plan, Ordinance No. 30- 82 subsequently was amended on numerous occasions to provide for the division of taxes within the Amended and Restated Greater Downtown Dubuque Urban Renewal District, most recently by Ordinance No. 52-24, creat- ing separate base valuations for the Bluff Street, Cable Car, Chaplain Schmitt, East 71h Street, Ice Harbor Subarea A, Ice Harbor Sub- area B, Ice Harbor Subarea C, Industrial Har- bor, Kerper Boulevard, Old Main, South Bluff, South Main, South Port, Town Clock, Town Clock Expansion, Upper Main, Warehouse, and Washington Street, North Kerper Boule- vard, Quebecor, Harrison Street, Holy Ghost, Almond Street, North End, West Locust Street Corridor, University Avenue Corridor, Brewing & Malting, 15th Street Subarea, Lower Kauf- mann, North Peru Road, Stafford Street, and Roosevelt Street Subareas; and Whereas, the Urban Renewal Plan for the Greater Downtown Urban Renewal District was further amended and restated as an Amended and Restated Urban Renewal Plan, pursuant to Resolution No. 277-24 approved on September 3, 2024, for the purpose of re- moving property from the North Kerper Boule- vard Subarea of the Greater Downtown Urban Renewal District; and Whereas, indebtedness has been incurred by the City, and additional indebtedness is anticipated to be incurred in the future, to fi- nance urban renewal project activities within the combined area known as the Greater Downtown Urban Renewal District (the "Greater Downtown Urban Renewal District'), and the continuing needs of redevelopment within the Greater Downtown Urban Renewal District are such as to require the continued application of the incremental tax resources within the expanded Greater Downtown Urban Renewal District; and Page 367 of 1311 Book 154 Regular Session, September 3, 2024 281 Whereas, the following enactment is nec- boundary of the Town Clock Subarea essary to accomplish the objectives described and on the East by Central Avenue, and in the premises. including all public rights -of -way. NOW, THEREFORE, BE IT ORDAINED (e) Ice Harbor Subarea A of the District BY THE CITY COUNCIL OF THE CITY OF shall include that area generally bounded DUBUQUE, IA., THAT: on the north by the public alley located Ordinance No. 8-22 is hereby amended to between the vacated Fourth Street and read as follows: Third Street, on the west by the Chicago, Section 1: For purposes of this Ordinance, Central and Pacific Railroad right-of-way, the following terms shall have the following on the south by East First Street and on meanings: the east by the municipal limits of the City (a) Town Clock Subarea of the District of Dubuque, IA. and including any adjoin - shall include that area described as fol- ing public right-of-way. lows: Beginning at the intersection of the (f) Ice Harbor Subarea B of the District north right-of-way line of Ninth Street with shall include that area generally bounded the east right-of-way line of Central Ave- on the north and west by the Chicago, nue; thence south along the east right -of- Central and Pacific Railroad right-of-way, way line of Central Avenue to its intersec- on the south by the northerly boundary of tion with the south right-of-way line of Subarea A and on the east by the munic- Fourth Street; thence west along the ipal limits of the City of Dubuque includ- south right-of-way line of Fourth Street to ing any adjoining public right-of-way. its intersection with the west right-of-way (g) Ice Harbor Subarea C of the District line of Locust Street; thence north along shall include Lot 1-2 and Lot 2-2 of Ad - the west right-of-way line of Locust Street ams Company's 4th Addition, and all that to its intersection with the north right -of- part of Lot 2-1 of Adams Company's 4th way line of Ninth Street, but also includ- Addition lying west of the northerly ex- ing the adjacent City Lots 623 and 624 tension of the westerly line of the Bal- (Dubuque Museum of Art), the Locust ance of Lot 3 of Adams Company's 2"d Street Parking Ramp between 81h and 9th Addition, in the City of Dubuque, IA. in - Streets and the former U.S. Federal cluding any adjoining public right-of-way. Building located on City Lots 101, 102, (h) Warehouse Subarea of the District shall 139, 140, and the N 54.5' of City Lots include that area generally bounded by 103 & 138, and the vacated alley be- the following description: Commencing tween said lots; thence east along the as a point of reference at the intersection north right-of-way line of Ninth Street to of the centerlines of 11th Street and Cen- its intersection with the east right-of-way tral Avenue in the City of Dubuque, line of Central Avenue, and point of be- Dubuque County, IA., said point being ginning, including all public rights -of -way. the point of beginning; Thence north- (b) Town Clock Expansion Subarea shall easterly along the centerline of 11th include the following described proper- Street to a point of intersection with the ties: South 1/2 of City Lot 167, City Lot centerline of White Street; Thence north- 168 and City Lot 168A (Iowa Inn proper- westerly along the centerline of White ty); and Lots 1 & 2 of City Lots 204, 205, Street to a point of intersection with the 206, 207 and 208, N. 23' of City Lot 263, centerline of 12th Street; Thence north- S. 28.5' of City Lot 263, N. 1/2 of City Lot easterly along the centerline of 12th 262, S. 1/2 of City Lot 262, N. 1/2 of City Street and extension thereof to a point of Lot 261 (Parking Lot Number 1), all in the intersection with the centerline of US City of Dubuque, IA. and any adjoining Highways 151 and 61; Thence south - public right-of-way. westerly along the centerline of US (c) Old Main Subarea of the District shall Highways 151 and 61 to a point of inter - include that area generally bounded on section with the centerline of 4th Street the North by Fourth Street, on the West extended; Thence southwesterly along by Locust Street, on the South by the Lo- the centerline of 4th Street and extension cust Street Connector and on the East by thereof to a point of intersection with the the U.S. Highway 151/61 right-of-way, in- centerline of Central Avenue; Thence cluding all public rights -of -way. northwesterly along the centerline of (d) Upper Main Subarea of the District shall Central Avenue to a point of intersection include that area generally bounded on with the centerline of 9th Street; Thence the North by Fourteenth Street, on the southwesterly along the centerline of 9th West by Locust Street but including City Street to a point of intersection with the Lots658A, 659, 660, and the balance of westerly line of City Lot 259 extended City Lots 658 (Carnegie -Stout Public Li- southerly; Thence northwesterly along brary), on the South by the northerly the westerly line of City Lot 259, and Lots Page 368 of 1311 Book 154 Regular Session, September 3, 2024 282 1 and 2 of the Subdivision of the South'/2 southerly along said municipal limits to a of City Lot 261 and City Lot 260 to the point of intersection with the southern southwest corner of the N '/2 of City Lot right of way line of Railroad Ave. extend- 261; Thence northeasterly along the ed easterly; Thence southwesterly along southerly line of the N '/2 of City Lot 261 said right of way line extension there to and extension thereof to a point of inter- the southeast corner of Lot A, Block 15 section with the centerline of Central Av- Dubuque Harbor Company's Addition; enue; Thence northwesterly along the Thence northwesterly along the easterly centerline of Central Avenue to a point of line of said Lot A to the northerly right of intersection of 11th Street also being way line of Railroad Ave., and south line point of beginning. of lot 1 of 5 of Block 27 Dubuque Harbor (i) South Main Subarea of the District shall Company's Addition; Thence northwest - include that area generally bounded by erly along the westerly lines of lots 1 of 5, the following description: Commencing 1 of 4, 1 of 3, 1 of 2 and 1 of 1 of said as a point of reference at a point of inter- Block 27 to the south line of lot 4A of said section of the centerline of Locust Street Block 17; Thence westerly to the easterly with the Locust Street Connector in the right of way line of vacated Water Street; City of Dubuque, Dubuque County, IA., Thence northwesterly along said easterly said point being the point of beginning; line to the southwesterly corner of lot 2 of Thence northeasterly along the center- said Block 17; Thence westerly along the line of the Locust Street Connector to a extension of the southerly line of said Lot point of intersection with the centerline of 2 to the westerly line of Vacated Water US Highways 52, 61, and 151; Thence Street; Thence northerly along said southeasterly along the centerline of US westerly right of way line to the southerly Highways 52, 61, and 151 to a point of corner of Lot 2 of Block 18 of Dubuque intersection with the centerline of the Harbor Company's Addition; Thence eastern section of Jones Street extended northwesterly along the westerly line of southwesterly; Thence southwesterly said Lot 2 to a point of intersection with along said extension of the centerline of the southerly right of way line of vacated the eastern section of Jones Street to a Charter St; Thence southwesterly along point of intersection with the centerline of said right of way line and extension Main Street; Thence northwesterly along thereof the centerline of South Main the centerline of Main Street to a point of Street; Thence northwesterly along said intersection with the centerline of Jones centerline to the northerly line of Lot 5, Street; Thence northwesterly along the Block 13 Dubuque Harbor Company's centerline of Jones Street to a point of in- Addition extended northeasterly; Thence tersection with the easterly line of Lot 2D southwesterly along said line to the east - of vacated Shields Street extended nor- erly line of Lots 7 and 8 of said Block 13; therly; Thence southeasterly along the Thence southeasterly along the easterly easterly line of Lot 2D of vacated Shields lines of said Lots 7 & 8 and extension Street to the southeasterly corner of said thereof to the centerline of Charter Lot 2D; Thence southwesterly along the Street; Thence southwesterly along said southerly lines of Lot A and Lot 2D of va- centerline to the centerline of Salina cated Shields Street and Lot 1 of 2 of Street; Thence northwesterly along said City Lot 543 extended westerly to a point centerline to the northerly line of Lot 1 of of intersection with the centerline of Lo- Harrison Street Place No. 4 extended cust Street; Thence northeasterly along northeasterly; Thence southwesterly the centerline of Locust Street to a point along the northerly lines of said Lot 1 of of intersection with the centerline of the Harrison Street Place No. 4 extended to Second Street Connector, also being the the westerly right of way line of Harrison point of beginning. St.; Thence northerly along the easterly Q) South Port Subarea of the District shall line of Lot 3 of Raymond Baumhover include that area generally bounded by Subdivision to the northeast corner of the following description: Beginning at a said Lot 3, thence westerly along the nor - point of reference at the northwest corner therly line of said Lot 3 and westerly ex - of Lot 2 of AA Cooper Wagon Works tension thereof to the centerline of relo- Block in the City of Dubuque, Dubuque cated South Locust St; Thence northerly County Iowa, said point being on the along said centerline to the centerline of southerly right of way line of East First Dodge St; Thence easterly along said Street; Thence southeasterly along the centerline of Dodge Street to a point of southerly right of line of East First Street intersection with the westerly line of Lot E and extension thereof to the municipal of vacated Shields Street extended limits of the City of Dubuque; Thence southerly; Thence northerly along said Page 369 of 1311 Book 154 Regular Session, September 3, 2024 283 westerly line to the northwest corner of corner of Lot 1 of Evan's Place, said said lot E; Thence easterly along the point also being on the northerly right of north line of said lot E and Lot 6 Block 11 way line of W. Fourth Street; Thence of Dubuque Harbor Company's Addition northwesterly along the west line of said and extension thereof to the centerline of Lot 1 to the southeast corner of Lot 34 of Main Street; Thence southeasterly along Cooper Heights Addition; Thence contin- the centerline of Main St. to the center- uing northwesterly along the easterly line line of Dodge Street; Thence easterly of Lots 34, 35, 36 and 37 of Cooper along the centerline of Dodge St to the Heights Addition to a point of intersection intersection of Highway 61/151; Thence with the southerly right of way line of W. northwesterly along said centerline to a Fifth Street; Thence northeasterly to a point of intersection with the southerly point of intersection in the centerline of right of way line of East First Street; W. Fifth Street approximately 270 feet Thence southeasterly along said right of southwesterly of the centerline of Bluff way line to the point of beginning. Street; Thence northwesterly along the (k) Cable Car Subarea of the District shall centerline of W. Fifth Street to a point of include that area generally bounded by intersection with the southerly line of the following description: Commencing Coriell's Dubuque also being the norther - as a point of reference at the intersection ly right of way line of W. Fifth Street; of the centerlines of Second Street and Thence northeasterly along said right of Locust Street in the City of Dubuque, way line of W. Fifth St. to the southwest Dubuque County, IA., said point being corner of Lot 1 of City Lot 690;Thence the point of beginning; Thence south- northwesterly along the westerly line of easterly along the centerline of Locust said Lot 1 to the northwest corner of said Street to a point of intersection with the Lot 1;Thence northeasterly along the nor - centerline of First Street; Thence south- therly line of said Lot 1 to the northeast westerly along the centerline of First corner of said Lot 1;Thence southeasterly Street to a point of intersection with the along the easterly line of said Lot 1 to a centerline of Bluff Street; Thence north- point of intersection with the northerly line westerly along the centerline of Bluff of the south 62.5 ft. of the north 64 ft. of Street to a point of intersection with the City lot 617;Thence northeasterly along centerline of Emmett Street; Thence said northerly line and extension thereof southwesterly along the centerline of to a point of intersection with the center - Emmett Street to a point of intersection line of Bluff Street; Thence southeasterly with the centerline of St. Mary's Street; along the centerline of Bluff Street to a Thence northwesterly along the center- point of intersection with the northerly line line of St. Mary's Street and to a point of of the south 10 ft. of City Lot 138 extend - intersection with the northerly line of Ca- ed southwesterly; Thence northeasterly thedral Center extended southwesterly; along said northerly line and northerly Thence northeasterly along the northerly line of the south 10 ft. of the south 34.6 line of Cathedral Center to a point of in- ft. of City Lot 103 and extension thereof tersection with the westerly right of way to a point of intersection with the center- line of Bluff Street; Thence northwesterly line of Locust Street; Thence southeast - along said westerly right of way line of erly along the centerline of Locust Street Bluff Street and extension thereof to a to a point of intersection with the center - point of intersection with the centerline of line of Second Street, said point being Third Street; Thence southwesterly along the point of beginning. the centerline of Third Street to a point of (1) Bluff Street Subarea of the District shall intersection with the westerly line of Lot 1 include that area generally bounded by of the East 78 ft. of the South 100 ft. of the following description: Commencing Lot 4 of City Lot 692 extended southerly; as a point of reference at the intersection Thence northwesterly along said westerly of the centerlines of W. Sixth Street and line to a point of intersection with the Bluff Street in the City of Dubuque, southerly line of Fenelon Point Subdivi- Dubuque County, IA., said point being sion; Thence northeasterly along said the point of beginning; thence southeast - southerly line to a point of intersection erly along the centerline of Bluff Street to with the westerly line of Lot 2 of 2 of City a point of intersection with the northerly Lot 692;Thence northwesterly along said line of the south 62.5 ft. of the north 64 ft. westerly line and westerly line of Lot 1 of of City Lot 617 extended southeasterly; 2 of City Lot 692 to a point of intersection thence southwesterly along said northerly with the southerly right of way line of W. line to the easterly line of Lot 1 of City Lot Fourth Street; Thence northeasterly 690; thence northwesterly along the across W. Fourth Street to the southwest easterly line of said Lot 1 to the northeast Page 370 of 1311 Book 154 Regular Session, September 3, 2024 284 corner of said Lot 1; thence southwester- ner of Lot 1 of Lot 11 of Central Addition; ly along the northerly line of said Lot 1 to thence northeasterly along the southerly the northwest corner of said Lot 1; thence line of Lot 1 of Lot 11 and Lot 1 of Lot 10 southeasterly along the westerly line of of Central Addition to a point of intersec- said Lot 1 to a point of intersection with tion with the westerly line of Lot 1 of Lot 9 northerly right of way line of W. Fifth of Central Addition; thence northwesterly Street; thence southwesterly along said along said westerly line of Lot 1 of Lot 9 right of way line of W. Fifth St. to the to a point of intersection with the souther - southeast corner of the South 73' of Lot ly right of way line of a public alley in 13 of Coriell's Dubuque; thence north- Central Addition; thence northeasterly westerly 73' along the easterly line of along said southerly line to a point of in - said South 73' of Lot 13 of Coriell's tersection with the westerly line of Lot 1 Dubuque to the northeast corner of the of 1 of 10 of Lorimer's Subdivision; South 73' of Lot 13 of Coriell's Dubuque; thence northwesterly along said westerly thence southwesterly along the northerly line of said Lot 1 of 1 of 10 to the norther - line of said South 73' of Lot 13 of Coriell's ly line of Lorimer's Subdivision; thence Dubuque to a point of intersection with northeasterly along the northerly line of westerly line of Lot 13 of Coriell's Dubu- Lorimer's Subdivision to the southeast que; thence northwesterly along said corner of a public alley between Cork - westerly line of Lot 13 to a point of inter- ery's Subdivision and City Lot 655; section with the southerly line of Lot 33 of thence northwesterly along the easterly Coriell's Dubuque; thence northeasterly right of way line of said alley to a point of along said southerly line of Lot 33 to a intersection with West Eleventh Street; point of intersection with the westerly line thence southwesterly along centerline of of Lot 14 of Coriell's Dubuque' thence West Eleventh Street to a point of inter - northwesterly along said westerly line of section with the centerline of Grove Ter - said Lot 14 to a point of intersection with race; thence northwesterly along center - the southerly line of Lot 34 of Coriell's line of Grove Terrace to a point of inter - Dubuque; thence northeasterly along section with the northerly right of way line said southerly line of Lot 34 to the easter- of Arlington Street; thence northeasterly ly line of Coriell's Dubuque; thence along the northerly right of way line of Ar- northwesterly along said easterly line lington Street to the southeast corner of Lots 34, 35, 36, 37, 38, and 44 of Cori- City Lot 769B; thence northwesterly ell's Dubuque to the northwest corner of along the easterly line of said City Lot the North 50' of Lot 1 of Lot 1 of City Lot 769B to a point of intersection with the 653; thence northeasterly along the nor- southerly line of Lot 3 of Brown's Subdi- therly line of said North 50' of Lot 1 of Lot vision; thence southwesterly along the 1 of City Lot 653 to the southeast corner southerly line of said Lot 3 to the south - of Lot 1 of McKinlay's Subdivision; west corner of said lot; thence north - thence northwesterly along said easterly westerly along the westerly line of said line of said Lot 1 and extension thereof to Lot 3 and extension thereof to a point of a point of intersection with the centerline intersection with the centerline of Loras of West Eighth Street; thence northwest- Boulevard; thence northeasterly along erly along said centerline of West Eighth said centerline to a point of intersection Street to a point of intersection with the with the centerline of Locust Street; westerly line of Lot 1 of the Subd'n. of thence southeasterly along the centerline City Lot 688 and part of City Lot 654 ex- of Locust Street to a point of intersection tended southerly; thence northwesterly with the centerline of W. Eleventh Street; along said westerly line of Lot 1 and ex- thence southwesterly along the center - tension thereof northerly to a point of in- line of W. Eleventh Street to a point of in- tersection with the centerline of West tersection with the centerline of Bluff Ninth Street; thence southwesterly along Street; thence southeasterly along the the centerline of West Ninth Street to a centerline of Bluff Street to a point of in - point of intersection with the southerly ex- tersection with the extension of the tension of the westerly line of Lot 2 of Lot southerly line of City Lot 658A; thence 12 of Central Addition; thence northwest- northeasterly along the southerly line of erly along said westerly right of Lot 2 of City Lot 658A extended and the southerly Lot 12 to the northwest corner of said line of City Lot 658, except the southerly Lot; thence northeasterly along the nor- one foot thereof, extended to a point of therly line of said Lot 2 of Lot 12 to the intersection with the centerline of Locust northeast corner of said Lot; thence Street; thence southeasterly along the southeasterly along said easterly line of centerline of Locust Street to a point of said Lot 2 of Lot 12 to the southwest cor- intersection with the centerline of West Page 371 of 1311 Book 154 Regular Session, September 3, 2024 285 Ninth Street; thence southwesterly along to a point of intersection with the center - the centerline of West Ninth Street to a line of Emmett St.; thence northeasterly point of intersection with the centerline of along the centerline of Emmett St. to cen- Bluff Street; thence southeasterly along terline of Bluff Street, said point being the centerline of Bluff Street to a point of point of beginning. intersection with the centerline of West (n) Kerper Boulevard Subarea of the dis- Eighth Street; thence northeasterly along trict shall include the following described the centerline of West Eighth Street to a properties: Lot 1-2, Lot 2-2, Lot 2A, Lot 3 point of intersection with the centerline of and Lot 6 all in Kerper Industrial Park in Locust Street; thence southeasterly the City of Dubuque, Dubuque County, along the centerline of Locust Street to a IA., also including the entire right of way point of intersection with the northerly line of Kerper Court and the westerly portion of City Lot 624 extended northeasterly; of Kerper Boulevard right of way from the thence southwesterly along the northerly abutting Kerper Court right of way and line of City Lot 624 extended southeast- Lot 3 of Kerper Industrial Park to the cen- erly to the centerline of a public alley; terline of Kerper Boulevard. thence southeasterly along the centerline (o) Washington Neighborhood Subarea of of a public alley to a point of intersection the district shall include that area gener- with the centerline of W. Seventh Street; ally bounded by the following description: thence northeasterly along the centerline Commencing as a point of reference at of W. Seventh Street to a point of inter- the intersection of the centerlines of Cen- section with Locust Street; thence south- tral Avenue and Loras Boulevard in the easterly along the centerline of Locust City of Dubuque, Dubuque County, IA., Street to a point of intersection with West said point being the point of beginning; Sixth Street; thence southwesterly along Thence southwesterly along the center - the centerline of West Sixth Street to a line of Loras Boulevard to a point of in - point of intersection with Bluff Street said tersection with the westerly line of Lot 3 point being the point of beginning. of Brown's Subdivision extended norther- (m) South Bluff Street Subarea of the dis- ly; Thence northerly to the southwest trict shall include that area generally corner of Lot 2-3 of City Lot 667; Thence bounded by the following description: northwesterly along the westerly line of Commencing as a point of reference at said Lot 2-3; Thence northeasterly along the intersection of the centerlines of Em- the northerly line of said Lot 2-3 to a mett Street and Bluff Street in the City of point of intersection with the southeaster - Dubuque, Dubuque County, IA., said Iy line of Lot 1-3 of City Lot 667; Thence point being the point of beginning; thence northeasterly along the said southeaster - southeasterly along the centerline of Bluff Iy line to the northeast corner of said Lot Street to a point of intersection with the 1-3; Thence southwesterly along the nor - centerline W. First Street; thence south- therly line of said Lot 1-3 to a appoint of westerly along the centerline W. First intersection with the easterly right of way Street to the centerline of Bluff Street; line of Montrose Terrace; Thence north - thence southwesterly along the center- westerly along said the easterly right of line of Bluff Street to a point of intersec- way line to a point of intersection with the tion with the centerline Dodge Street; easterly right of way line of a public alley thence southwesterly along the center- between D. N. Cooley's Subdivision and line Dodge Street to a point of intersec- Fairview Subdivision; Thence continuing tion with the easterly line of Lot 3 of City northwesterly along said the easterly al - Lot 694 extended southeasterly; thence ley line to a point of intersection with the northwesterly along the easterly line of southerly right of way line of W. 17th said Lot 3 of City Lot 694 and Lot 1-1 and Street; Thence northwesterly crossing W. 2-1 of City Lot 694 to the southwest cor- 17th St. to the most easterly corner of Lot ner of Lot 1-2 of City Lot 694; thence 2-1-1-2 of City Lot 670, said point being northeasterly along said southerly line of at the point of intersection of the north said Lot 1-2 of City Lot 694 to the south- right of way of W. 17th St. and westerly east corner of said Lot; thence north- right of way line of W. Locust St.; Thence westerly along said easterly line of Lot 1- southwesterly along the north right of 2 of City Lot 694 to a point of intersection way of W. 17th St. to southeast corner of with the southerly line of Lot 12 of Saint Lot 1-2-2 of City Lot 670; Thence north- Raphael's Addition; thence northeasterly westerly along the easterly lines of Lot 1- along said southerly line of said Lot 12 2-2 and Lot 2-2-2 of City Lot 670 to a and extension thereof to the centerline of point of intersection with the southerly St. Mary's Street; thence northwesterly right of way line of Clark St.; Thence along the centerline of St. Mary's Street northwesterly crossing Clark St. to the Page 372 of 1311 Book 154 Regular Session, September 3, 2024 286 southeasterly corner of Welsh Place; northerly along the westerly line of said Thence northwesterly along the easterly Lot 5-2 to the northwest corner thereof; line of said Welsh Place to the northeast Thence easterly along the northerly line corner thereof; Thence southwesterly of said Lot 5-2 to a point of intersection along the northerly line of said Welsh with the westerly right of way line of Mad - Place to a point of intersection with the ison Street; Thence easterly crossing easterly right of way line of a public alley Madison St. to the most westerly corner along the westerly side of A. L. Bowen's of Lot A-2-1 of City Lot 674, said point Subdivision; Thence northwesterly along being on the easterly right of way line of said easterly right of way line to a point of Madison St. Thence easterly along the intersection with the southerly right of northerly line of said Lot A-2-1 to a point way line of Angella Street; Thence of intersection with the easterly right of southwesterly along said southerly right way line of Main Street; Thence northerly of way line to the northeast corner of Lot along said easterly right of way line to the 12 of Gilliam's Subdivision; Thence northwest corner of Lot 2-1 of City Lot northwesterly crossing Angella St. to the 674; Thence easterly and continuing most southerly corner of Lot 1 of Gilliam's northeasterly along the northerly lines of Subdivision said point being on the nor- Lot 2-1, Lot 2-2, Lot 2-1-3, Lot 1-2-3 all of therly right of way line of Angella St.; the subdivision of City Lot 674 to a point Thence northwesterly along the westerly of intersection with the westerly line of line of said Lot 1 to a point of intersection Lot 4 of City Lot 674; Thence northwest - with the southerly line of Lot 2 of Alvin erly along said westerly line to a point of Haas Place; Thence southwesterly along intersection with the southerly line of Lot the southerly line of Lot 1 and Lot 2 of 1-1-2 of Duncan's Subdivision; Thence Alvin Haas Place and the southerly line northeasterly along said southerly line of the Westerly 40 feet of Lot 3 of and southerly line of Lot 1 and Lot 2 of Quigley's Subdivision of Out Lot 710 to M. A. Rebman's Subdivision and exten- the most easterly corner of Lot 24 of sion thereof to a point of intersection with Quigley's Subdivision of Out Lot 710; the easterly right of way line of Heeb Thence westerly along the southerly Street; Thence northwesterly along said boundary of Lots 4 through Lots 15 of easterly right of way line to a point of in- Quigley's Subdivision Out Lot 710 and tersection with the northerly right of way the southerly line of Lots 9A, 10 and 11 line of Clarke Drive; Thence northwester - of Quigley's Subdivision Out Lot 711 to a ly along said northerly right of way line to point of intersection with the easterly right a point of intersection with the easterly of way line of Pierce Street; Thence nor- right of way line of Heeb Street lying be- therly along said easterly right of way line tween Central Avenue and Shelby Street; and extension thereof to a point of inter- Thence northwesterly along said easterly section with the northerly right of way line right of way line to a point of intersection of W. Locust Street; Thence easterly with the southerly right of way line of along said northerly right of way line to Kaufmann Avenue; Thence easterly the easterly right of way line of Foye along said southerly right of way line to a Street; Thence northerly along said east- point of intersection with the southerly ex- erly right of way line to a point of inter- tension of the easterly right of way line of section with the southerly right of way a public alley lying between Central Ave. line of a public alley lying between Al- and Francis Street; Thence northwesterly mond and W. Locust Sts.; Thence east- along said easterly right of way line to a erly along said southerly right of way line point of intersection with the southerly to a point of intersection with the westerly right of way line of W. 23rd Street; Thence right of way line of Ellis Street; Thence southwesterly along said southerly right southeasterly along said westerly right of of way line to the northwest corner of the way line to a point of intersection with the East One -Half of Lot 11 of Tivoli Addition; northerly right of way line of W. Locust Thence northwesterly crossing W. 23rd Street; Thence southeasterly crossing El- St. to the southwesterly corner of Lot 1 of lis St. to a point of intersection with the Valeria Place No. 2; Thence northwester - easterly right of way line of Ellis St. at the ly along the westerly line of said Lot 1 to southerly right of way line of Dorgan a point of intersection with the southerly Place; Thence easterly along said south- line of Lot 2 of said Valeria Sub. No. 2; erly right of way line of Dorgan Place to Thence southwesterly along the souther - the northeast corner of Lot 1A of Dor- ly line of said Lot 2 to the southwest cor- gan's Subdivision No. 2; Thence easterly ner thereof; Thence northwesterly along crossing Dorgan Place to the southwest the westerly line of said Lot 2 to a point of corner of Lot 5-2 of City Lot 673; Thence intersection with the southerly line of Lot Page 373 of 1311 Book 154 Regular Session, September 3, 2024 287 2-1 of Valeria Place; Thence northeaster- right of way line and extension thereof to ly along said southerly line to the south- a point of intersection with the easterly easterly corner of said Lot 2-1; Thence right of way line of Windsor Avenue; northwesterly along the easterly line of Thence southeasterly along said easterly said Lot 2-1 the northeast corner thereof, right of way line to a point of intersection said point also being the southeasterly with the northerly right of way line of E. right of way line of Carr St.; Thence 22"1 Street; Thence northeasterly along northwesterly along the easterly right of said northerly right of way line to a point way line of Carr St. to a point of intersec- of intersection with the westerly right of tion with the southerly right of way line of way line of Stafford Street; Thence W. 24th Street; Thence northeasterly northeasterly crossing Stafford Street to along said southerly right of way line to a a point of intersection of the easterly right point of intersection with the southerly ex- of way line of Stafford Street and the nor - tension of the easterly right of way line of therly right of way line of Thomas Place; Division Street; Thence northwesterly Thence southeasterly along said easterly along said easterly right of way line to the right of way line of Stafford Street and ex - northwest corner of Lot 8 of Wullweber's tension thereof to a point of intersection Subdivision; Thence southwesterly along with the southerly right of way line of Gar - the southerly line of John King's Subdivi- field Avenue; Thence southwesterly sion to the southwest corner of the West along said southerly right of way line to a 33.98 feet of Lot 1-6 of John King's Sub- point of intersection with the centerline of division; Thence northwesterly along the Stafford Street extended southeasterly; westerly line of the West 33.98 feet of Lot Thence southeasterly along the center- 1-6 of John King's Subdivision to the line of Stafford Street extended to a point northwest corner thereof; Thence north- of intersection with the northwesterly line easterly along the northerly line of said of Lot 2-2 of Kerper Industrial Park; West 33.98 feet to the southwest corner Thence southwesterly along said north - of Lot 1 of the East 329.98 feet of Lot 8 westerly line of Lot 1-2 of Kerper Indus - of John King's Subdivision; Thence trial Park to the northernmost point of Lot northwesterly along the westerly line of 1 of Kerper Industrial Park; Thence said Lot 1 to a point of intersection with southwesterly along the westerly line of the southerly line of the NE1/4 of said Lot said Lot 1 to a point of intersection with 8; Thence southwesterly along said the northerly right of way line of E. 16th southerly line to the southwest corner of Street; Thence southwesterly along said said NE1/4 of Lot 8; Thence northwester- northerly right of way line to the easterly ly along the westerly lines of the NE1/4 of right of way line of Pine Street; Thence Lot 8, the SE1/4 of Lot 10, the NE1/4 Lot southeasterly crossing E. 16th Street 10 and the E1/2 of Lot 12 all in John along said easterly right of way of Pine King's Subdivision to the northwest cor- St. extended to a point of intersection ner of said E1/2 of Lot 12; Thence north- with the southerly right of way line of E. easterly along the northerly line of said 16th St.; Thence southwesterly along said E1/2 of Lot 12 to the southwest corner of southerly right of way line to a point of in - Lot 1-1-1 of the E1/2 of Lot 14 in John tersection with the easterly right of way King's Subdivision; Thence northwesterly line of Elm Street; Thence southeasterly along the westerly lines of Lot 1-1-1 of along said easterly right of way line to a the E1/2 of Lot 14 John King's Subdivi- point of intersection with the northerly sion to the northwest corner thereof; right of way line of E. 15th Street; Thence Thence northeasterly along the northerly southwesterly along said northerly right line of said Lot 1-1-1 to a point of inter- of way line to a point of intersection with section with the westerly right of way line the westerly right of way line of Elm of Central Avenue; Thence northeasterly Street; Thence southeasterly along said crossing Central Avenue to a point of in- westerly right of way of Elm Street and tersection of the easterly right of way line extension thereof to a point of intersec- of Central Avenue and the northerly right tion with the centerline of E. 12th Street; of way line of E. 25th Street; Thence Thence southwesterly along the said northeasterly along said northerly right of centerline of E. 12th Street to a point of way line and extension thereof to a point intersection with the centerline of White of intersection with the easterly right of Street; Thence southeasterly along said way line of Elm Street; Thence south- centerline of White Street to a point of in - easterly along said easterly right of way terjection with the centerline of E. 11th line to a point of intersection with the nor- Street; Thence southwesterly along said therly right of way line of E. 24th Street; centerline of E. 11th Street to a point of Thence northeasterly along said northerly intersection with the centerline of Central Page 374 of 1311 Book 154 Regular Session, September 3, 2024 288 Avenue; Thence northwesterly along said northeast corner of said Lot 3, said point centerline of Central Avenue to a point of also being on the westerly right of way intersection with the centerline of Loras line of Kerper Blvd.; Thence northerly Boulevard, said point being the point of along said right of way line to a point of beginning. intersection with the northeasterly right of (p) Industrial Harbor Subarea of the district way line of Fengler St.; Thence south - shall include that area generally bounded easterly along the extension of said by the following description: Commenc- northeasterly right of way line crossing ing as a point of reference at the inter- Kerper Blvd. to a point of intersection section of the centerline of E. 12th Street with the westerly line of Lot 1A of Block 7 and the westerly right of way of Elm River Front Subdivision No. 3, said point Street extended southeasterly, in the City being on the easterly right of way line of of Dubuque, Dubuque County, IA., said Kerper Blvd.; Thence southeasterly along point being the point of beginning; said easterly right of way line to a point of Thence northwesterly along said westerly intersection with the northerly right of way right of way line of Elm Street and exten- line of E. 16th Street; Thence southeast- sion thereof to a point of intersection with erly crossing E. 16th Street to a point of the northerly right of way line of E. Fif- intersection of the south right of way line teenth Street; Thence northeasterly of E. 16th St. and the east right of way along said northerly right of way line to a line of Kerper Blvd.; Thence northeasterly point of intersection with the westerly along the southerly right of way line of E. right of way line of a public alley lying be- 16th St. to a point of intersection with the tween Pine Street and Maple Street; westerly shore of Peosta Channel; Thence northwesterly along said westerly Thence southeasterly continuing along right of way line to the northeast corner of the westerly shore of Mississippi River the North 35 feet of Lot 255 in East adjacent to the following: Kerper Blvd., Dubuque Addition # 2; Thence south- River Front Subdivision No. 2, Part of westerly along the northwesterly line of Government Lot 3, Section 19, T89N, said Lot to a point of intersection with the R3E, 5th P.M., Parts of Congressional Lot easterly right of way line of Pine Street; 8 in Section 19, T89N, R3E, 5th P.M, Thence northwesterly along said easterly Dubuque Harbor Improvement Compa- right of way line and extension thereof to ny's Addition, and River Front Subdivi- the northerly right of way line of E. 16th sion No. 1, to a point of intersection with Street; Thence northeasterly along said the northerly line of Ice Harbor Urban northerly right of way line to the south- Renewal Subarea B, described as "that west corner of Lot 1 of Kerper Industrial area generally bounded on the north and Park; Thence northwesterly and continu- west by the Chicago, Central & Pacific ing northeasterly along the westerly line Railroad right-of-way, on the south by the of said Lot 1 to the most northerly corner northerly boundary of Subarea A and on thereof; Thence southwesterly along the the east by the municipal limits of the City westerly lines of Lot 1-2 and Lot 2A of of Dubuque including any adjoining pub- Kerper Industrial Park to the southwest lic right-of-way; Thence northwesterly corner of said Lot 2A; Thence northeast- and continuing southwesterly along the erly along the southerly line of said Lot northerly and westerly sides of Ice Har- 2A to the southeast corner thereof; bor Urban Renewal District Subarea B to Thence northwesterly along the easterly a point of intersection with the southerly line of said Lot 2A to the southwest cor- right of way line of E. 4th street; Thence ner of Lot 6 of Kerper Industrial Park; southwesterly along said southerly right Thence northeasterly along the southerly of way line to a point of intersection with line of said Lot 6 to the southeast corner the centerline of U.S. Highways 61/151; thereof; Thence northwesterly along the Thence northeasterly along said center - easterly line of said Lot 6 to the northeast line to a point of intersection with the cen- corner thereof and point of intersection terline of E. 12th Street; Thence south - with the southerly right of way line of westerly along said centerline to a point Kerper Court; Thence northeasterly along of intersection with the westerly right of said southerly right of way line and ex- way line of Elm St. extended, said point tension thereof to a point of intersection being the point of beginning; Excepting with the centerline of Kerper Blvd; therefrom, the East 7th Street Subarea. Thence northwesterly along said center- (q) East 7th Street Subarea of the district line to a point of intersection with the nor- shall include the following described therly line of Lot 3 of Kerper Industrial properties: Block 13 Lot 1 of Lot 4, Lot 1 Park extended easterly; Thence north- of Lot 5, Lot 1 of Lot 6, and Lots 7, 8, 9, westerly along said extended line to the 10, 11, 12, 13 and 14; and Block 16 Lots Page 375 of 1311 Book 154 Regular Session, September 3, 2024 289 1, 2, 3, 4 and 5; and Block 17 Lots A, B, the southwest corner of Lot 1 of Lot 2 of C, D, E, F, Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, Lot 20 of Jaeger's Subdivision, said point 10, 11, 12, 13, 14, and 15, Lot 1 of Lot being on the southeasterly right of way 16, Lot 1 of Lot 1 of Lot 17, Lot 2 of Lot 1 line of Peosta Street; Thence northeast - of Lot 18, Lot 2 of Lot 20, Lot 2 of Lot 21, erly along said right of way line to a point Lot 2 of Lot 22, Lot 2 of Lot 23, Lot 2 of of intersection with the southerly line of Lot 24, Lot 2 of Lot 25, Lot 2 of Lot 26, Lot 2 of Giese Subdivision; Thence Lot 2 of Lot 27, Lot 3 of Lot 28, Lot 3 of southwesterly along said southerly line to Lot 29,Lot 3 of Lot 30, Lot 3 of Lot 31, Lot the southeast corner of Lot 2 of 19 of 3 of Lot 32, all in the Dubuque Harbor Jaeger's Subdivision; Thence northeast - Improvement Co.'s Addition, Township erly along the easterly line of said Lot 2 89 North, Range 3 East of the 5th P.M., of 19 to the northeast corner of said Lot 2 Dubuque County, IA. and any adjoining of 19, said point also being on the west - public right-of-way. erly boundary of Block 19 of River Front (r) Chaplain Schmitt Subarea of the district Subdivision No. 3; Thence northeasterly shall include the following described along said westerly boundary to the properties: All of that part of the City of northwest corner of Block 18, River Front Dubuque lying easterly of the Peosta Subdivision No. 3; Thence continuing Channel also known as Chaplain Schmitt northeasterly along the westerly bounda- Island and the area lying east of the ry of Block 18 and Block 17 of River easterly right of way line of Kerper Front Subdivision No. 3 to a point of in - Boulevard between the centerline of U.S. tersection with the southwesterly corner Highway 61/151 and the southerly right of Lot 1 of part of Lot 8 in McCraney's of way line of E. 16th Street in Sections First Addition; Thence continuing north- 17, 18, 19 and 20, T89N, R3E, 5th P.M. in easterly along the westerly lines of Lot 1 the City of Dubuque, Dubuque County, of part of Lot 8, Lot 1 of part of Lot 7, Lot IA.. 1 of Lot 2 of part of Lot 6, Lot 1 of part of (s) North Kerper Boulevard Subarea of the Lot 6, Lot 1 of part of Lot 5, Lot 1 of part district shall include that area generally of Lot 4, Lot 1 of part of Lot 3, Lot 1 of bounded by the following description: part of Lot 2, the East 25 feet of part of Commencing as a point of reference at vacated Marshall St., and Lot 2 of Lot 2 the point of intersection of the centerline of Lot 1 all in McCraney's First Addition of U.S. Highways 61 and 151 with the to the southwest corner of Lot 1 of Lot 2 easterly right of way line of Kerper of part of Lot 115 in Ham's Addition; Boulevard in the City of Dubuque, Dubu- Thence northeasterly along the westerly que County, IA., said point being the lines of Lot 1 of Lot 2 of part of Lot 115 point of beginning; Thence northwesterly and Lot 1 of part of Lot 114 all in Ham's along the easterly right of way line of Addition to the most westerly corner of Kerper Boulevard to a point of intersec- Lot 1 of Bradley Place; Thence north- tion with the northeasterly right of way easterly along the westerly lines of Lot 1 line of Fengler Street extended; Thence and Lot 2 of Bradley Place to the most northwesterly along said line crossing westerly corner of Lot 1 Block 15 of River Kerper Boulevard right of way to the Front Subdivision No. 3; Thence north - southerly most corner of Lot 1, Block 19 easterly along the northwesterly line of River Front Subdivision No. 3; Thence said Lot 1 Block 15 and continuing along southeasterly crossing Fengler Street the northwesterly line of Lot 2 of said right of way to the northeast corner of Lot Block 15 to the most westerly corner of 3 of River Front Subdivision No. 4, said Lot 2 of In-Futuro Subdivision No. 1; point being a point of intersection of the Thence continuing northeasterly along southwesterly right of way line of Fengler the northwesterly line of In-Futuro Subdi- Street with the westerly right of way line vision No. 1 and continuing along the of Kerper Boulevard; Thence continuing northwesterly line of Lots 1 and 2 of Reidl southeasterly along said westerly right of Place to the southwest corner of Lot 1 of way line of Kerper Boulevard to the Block 14 of River Front Subdivision No. northeast corner of Lot 3 of Kerper Indus- 3; Thence northeasterly along the north - trial Park; Thence westerly and north- westerly line of said Block 14 to the most westerly along to north line of said Lot 3 westerly corner of Block 13 of River Front to a point of intersection with the westerly Subdivision No. 3; Thence continuing line of Kerper Industrial Park; Thence northeasterly along the northwesterly line northeasterly along said westerly line to of Blocks 13, 12, 11, 10 and 9 to the nor - the northwest corner of Kerper Industrial therly most corner of Lot 1 Block 9 River Park; Thence southeasterly along the Front Subdivision No. 3; Thence continu- northerly line of Kerper Industrial Park to ing northeasterly along the northwesterly Page 376 of 1311 Book 154 Regular Session, September 3, 2024 290 line of Lot 2 and Lot 2A, Block 9 River of beginning; Excepting therefrom the Front Subdivision No. 3 to the northerly Quebecor Economic Development Dis- most corner of said Lot 2A; Thence trict described as Lot 1 of McGraw-Hill, southeasterly along the northeasterly line Key City Plating Replat in the City of of said Lot 2A to the northeast corner of Dubuque, Dubuque County, IA., and any said lot; Thence southwesterly along the adjoining public rights of way. southeasterly line of said Lot 2A to the Excluding therefrom the following de - most westerly corner of Lot 178 of Ham's scribed properties: Addition; Thence southeasterly along the Lots 6, 7, 8, and 9 in Block 1 of "River southwesterly lines of Lots 178 and 59 of Front Subdivision No. 5" in the City Ham's Addition to the southerly most of Dubuque, IA.; and corner of said Lot 59, said point also be- Lot 2 of Subdivision of Lot 1 of Lot 1 ing the point of intersection of the north- of Lot 1 in Block 1 of "Riverfront easterly right of way line of Farragut Subdivision No. 5", in the City of Street with the northwesterly right of way Dubuque, IA.; and line of Kerper Boulevard; Thence north- Lot 2 of Subdivision of Lot 1 of Lot 1 easterly along said Kerper Boulevard in Block 1 of "Riverfront Subdivision right of way line and extension thereof to No. 5", in the City of Dubuque, IA.; a point of intersection with the northeast- and erly right of way line of Hawthorne Street; Lot 2 of Subdivision of Lot 1 in Block Thence southeasterly along the north- 1 of "Riverfront Subdivision No. 5", easterly and easterly right of way line of in the City of Dubuque, IA.; and Hawthorne Street and Hawthorne Street Lot 5, in Block 1, in "River Front Sub - Extension to a point of intersection with division No. 5" in the City of Dubu- the southwesterly right of way line of que, IA.; and Lake Street; Thence southwesterly and Lot 1-2 of Block 2 in River Front Sub - northwesterly along said right of way line division No. 3, in the City of Dubu- of Lake Street to a point of intersection que, IA. with the southerly right of way line of (t) Quebecor Subarea of the district shall Harbor Street; Thence southwesterly include the following described proper - along said Harbor Street right of way line ties: Lot 1 of McGraw-Hill, Key City Plat - to the northeast corner of Lot 1 Block 4 ing Replat in the City of Dubuque, Dubu- River Front Subdivision No. 3; Thence que County, IA., and any adjoining public southeasterly along the northeasterly line rights of way. of said Lot 1 and continuing along the (u) Harrison Street Subarea of the district northeasterly line of Lot 1 Block 3 of Riv- shall include the following described er Front Subdivision No. 3 to the most properties: Lot 1 and Lot 2 of Harrison easterly corner thereof; Thence south- Street Place No. 2, Lot 1 and Lot 2 of westerly along the southeasterly line of Harrison Street Place No. 4, and Lot 1 of said Lot 1 Block 3 to the easterly most Harrison Street Place No. 5 all in the City corner of Block 1 of River Front Subdivi- of Dubuque, Dubuque County, IA. and sion No. 5; Thence southwesterly along any adjoining public rights of way. the southeasterly line of said Block 1 (v) Holy Ghost Subarea of the district shall River Front Subdivision No. 5 to the nor- include the following described proper- therly right of way line of Hamilton Street ties: Lot 1 of 1 and 2 of 1 of Paragon Extension; Thence southwesterly cross- Square in the City of Dubuque, Dubuque ing Hamilton Street Extension right of County, IA.; and also including the public way to the easterly most corner of Lot 2 right of way of Central Avenue abutting of 3 of 1 Block 5 River Front Subdivision thereto; and No. 3; Thence continuing southwesterly Lot 1, Lot 2, Lot 1 of 3, Lot 2 of 3, and along the original easterly boundary line Lot 4 all of "Dunn's Subdivision"; and of Blocks 5, 6 and 7 of River Front Sub- Lot 2 of Lot 1 of Lot 2 of Lot 1 of Lot division No. 3, to the southerly most cor- 18 of "John King's Dubuque"; in the ner of Lot 2 of said Block 7, said point be- City of Dubuque, IA.; and ing the northeast corner of Lake Peosta A part of Central Avenue right of way de - Subdivision; Thence southerly along the scribed as follows: easterly line of Lake Peosta Subdivision Commencing at the southeasterly corner of to a point of intersection with the center- Lot 2-1 of Paragon Square; thence line of U.S. Highways 61 and 151; southeasterly along the westerly right of Thence southwesterly along said center- way line of Central Avenue a distance of line to a point of intersection with the approximately 2,655 feet to the north- easterly right of way line of Kerper easterly corner of Lot 1 of Lot 1 of Lot 1 Boulevard, said point of being the point of the East Half of Lot 14 in John King's Page 377 of 1311 Book 154 Regular Session, September 3, 2024 291 Dubuque; thence northeasterly crossing of Lot 283 of Glendale Addition No. 3; Central Avenue to a point of intersection thence northwesterly along the west - with the easterly right of way line of Cen- erly lines of Lots 283 to 294, inclu- tral Avenue and the northerly right of way sive, of Glendale Addition No. 3 to the line of East 25th Street; thence north- southerly right of way line of East 27th westerly along the easterly right of way Street; thence northerly across the line of Central Avenue approximately East 27th Street right of way to the 2,673 feet to a point of intersection with southwest corner of Lot 210 of Glen - said easterly right of way line and the dale Addition; thence northwesterly easterly extension of the south line of Lot along the westerly lines of Lots 210 to 2-1 of Paragon Square; thence south- 221, inclusive, of Glendale Addition to westerly crossing Central Avenue to the the southerly right of way of East 28th Point of Beginning. Street; thence northerly across the (w) Almond Street Subarea of the district East 28th Street right of way to the shall include the following described southwest corner of Lot 134 of Glen - properties: Commencing at the intersec- dale Addition No. 2; thence north- tion of the easterly right of way of Foye westerly along the westerly lines of Street and the southerly right of way line Lots 134 to 140, inclusive, of Glen - of the public alley lying between Almond dale Addition No. 2, and Lots 1, 2, Street and West Locust Street; thence and 3 of Glendale Addition No. 4, and easterly along said southerly right of way Lot 145 Glendale Addition No. 2 to line to a point of intersection with the the southerly right of way line of East westerly right of way line of Ellis Street; 29th Street; thence northerly across thence northwesterly along said westerly the East 29th Street right of way to the right of way line to the northeast corner of southwest corner of Lot 61 of Glen - Lot 53 in Cox's Addition; thence northerly dale Addition; thence northwesterly along the east line of that part of the va- along the westerly lines of Lots 61 to cated alley adjacent to Lots 53 and 54 in 72, inclusive, of Glendale Addition to Cox's Addition approximately 20 feet to the southerly right of way line of East the northeasterly corner thereof; thence 30th Street; thence northerly across westerly along the north line of said va- the East 30th Street right of way to the cated alley adjacent to said Lots 53 and to the southeast corner of a Part of 54 approximately 78 feet to the northwest Lot 8 of Mineral Lot 322 as shown on corner thereof; thence southerly along the Final Plat of Liebe's Subdivision the west line of said vacated alley adja- No. 3, also being a point on the west - cent to said Lots 53 and 54 approximate- erly line of Lot 1-2-1 of Becker Place, ly 20 feet to the southwest corner thereof also being a point on the northerly and the northeasterly corner of Lot 55 in right of way of East 30th Street; Cox's addition; thence easterly along the thence southwesterly along the nor - north line of Lots 55 thru 66 in Cox's ad- therly right of way of East 30th Street dition to the northwest corner of Lot 66 in to a point on the easterly right of way Cox's Addition; thence southerly along of Central Avenue; thence southeast - the west line of said Lot 66 to a point of erly along the easterly right of way intersection with the northerly line of Lot line of Central Avenue to the northerly 11 in Buettel's Subdivision; thence west line of East 25th Street; thence north - along the north line of Lot 11, Lot 2-10 easterly along the northerly line of and Lot 1-10 of Buettel's Subdivision to a East 25th Street to the point of begin - point of intersection with the easterly right ning; and of way line of Foye Street; thence south- Beginning at the intersection of the nor- erly along said easterly right of way line therly right of way line of Diagonal to the Point of Beginning. Street and the westerly right of way (x) North End Subarea of the district shall line of Central Avenue; thence south - include the following described proper- erly along the westerly right of way ties: line of Central Avenue to the north - Beginning at the intersection of the east corner of Lot 1 of Lot 1 of Lot 1 easterly right of way line of Elm Street of the East Half of Lot 14 in John and the northerly right of way line of King's Dubuque; thence southwester - East 25th Street; thence northerly ly along the northerly line of said Lot along the easterly right of way line of 1 of Lot 1 of Lot 1 of the East Half of Elm Street to the southerly right of Lot 14 of John King's Dubuque to the way line of East 26th Street; thence northwest corner thereof, thence northerly across the East 26th Street southeasterly along the west line of right of way to the southwest corner said Lot 1 of Lot 1 of Lot 1 of the East Page 378 of 1311 Book 154 Regular Session, September 3, 2024 292 Half of Lot 14 of John King's Dubu- Lot 1-2 And 1-3 of Kiene & Altmans que to the southwest corner thereof; Subdivision; and thence southwesterly along the Lot 1-1 of Kiene & Altman's Subdivi- southerly line of the East Half of John sion; and King's Dubuque to the southwest Lot 1-1-1-241 of Davis Farm Addition; corner thereof; thence southeasterly and along the east lines of the West Half Lot 2-1-1-241 & Lot 1-242 of Davis of Lots 12, 10, and Northwest Quarter Farm Addition; and of 8 of John King's Dubuque to the Lot 1-243 of Davis Farm Addition; and southeast corner of the Northwest Lot 1-1-244 of Davis Farm Addition; Quarter of Lot 8 of John King's Dubu- and que; thence northeasterly along the The South 26' of Lot 245 Davis Farm northerly line of Lot 2 of the East Addition; and 329.98' of the Southwest Half of Lot 8 The North 34' of Lot 245 Davis Farm of John King's Dubuque to the north- Addition; and east corner of said lot; thence south- The East 1/2 of Lot 246 Davis Farm easterly along the easterly line of said Addition; and lot to the southeast corner of said lot; The West 1/2 of Lot 246 Davis Farm thence southwesterly along the Addition; and southerly line of said lot to the north- Lot 247 of Davis Farm Addition; and east corner of Lot 2 of Lot 6 of John Lot 248 of Davis Farm Addition; and King's Dubuque; thence southeaster- Lot 249 of Davis Farm Addition; and ly along the easterly lines of Lot 2 of The East 1/2 of Lot 250 of Davis Farm Lot 6 and Lot 3 of Lot 6 of John Addition; and King's Dubuque to the southeast cor- The West 1/2 of Lot 250 of Davis Farm ner of said Lot 3 of Lot 6; thence Addition; and northeasterly along the southerly line Lot 251 and the South 1/2 of Lot 252, of the Lot 6 of John King's Dubuque of Davis Farm Addition; and to the easterly right of way line of Di- Lot 253 and the North 1/2 of Lot 252, of vision Street; thence southeasterly Davis Farm Addition; and along the easterly line of Division Lot 254 of Davis Farm Addition; and Street and its southerly extension to Lot 255 of Davis Farm Addition; and the southerly right of way line of West The South 1/2 of Lot 256 of Davis Farm 241h Street; thence southwesterly Addition; and along the southerly right of way line of The South 31.3' of the North 1/2 of Lot West 24th Street to the easterly right 256 of Davis Farm Addition; and of way line of Carr Street; thence The North 28.7' of the North 1/2 of Lot southeasterly along the easterly right 256 of Davis Farm Addition; and of way line of Carr Street to the east- Lot 257 of Davis Farm Addition; and erly extension of the north line of Lot Lot 258 of Davis Farm Addition; and 2 of Brewery Addition; thence south- Lot 259 of Davis Farm Addition; and westerly along the northerly line of Lot 260 of Davis Farm Addition; and Lot 2 of Brewery Addition to the Lot 261 of Davis Farm Addition; and southeast corner of Lot 6 of Gerald Lot 262 of Davis Farm Addition; and Scherrer Subdivision; thence north- The South 23.5' of The East 112' of Lot westerly along the easterly line of Lot 263 of Davis Farm Addition; and 6 of Gerald Scherrer Subdivision to The East 114' of the North 36'6" of Lot the northeast corner of Lot 6 of Ger- 263 of Davis Farm Addition, and also ald Scherrer Subdivision and a point including the Public Right of Way of on the westerly right of way line of West 28th Street abutting thereto; and Broadway Street; thence northwester- The North 36.5' and South 23.5' of the ly along the westerly right of way line West 114' of Lot 263 of Davis Farm of Broadway Street to the westerly Addition, and also including the Pub - extension of the northerly right of way lic Right of Way of West 28th Street line of Diagonal Street; thence south- abutting thereto; and easterly along said right of way and Lot 2-265 of Davis Farm Addition, and extension to the point of beginning; also including the Public Right of Way and of West 28th Street abutting thereto; Lot 1-239 of Davis Farm Addition and and Lot 1-1-5 of Kiene & Altman's Subdi- Lot 1-265 of Davis Farm Addition, and vision; and also including the Public Right of Way Lots 1-4 & 2-1-5 of Kiene & Altmans of West 28th Street abutting thereto; Subdivision; and and Page 379 of 1311 Book 154 Regular Session, September 3, 2024 293 Lot 2-1 of G R West's Addition and Lot Lot 654; and 1-266 of Davis Farm Addition; and All that part of the Finley Street right of Lot 2-1-1 of G R West's Addition; and way lying south of the southerly right Lot 1-1-1 of G R Wests Addition and of way line of University Avenue and Lot 2-266 of Davis Farm Addition; lying north of the westerly extension and of the south line of the Northwest 95' The South 39'6" of Lot 2 of G R West's of Lot 19 of Finley Waples and Burton Dubuque; and Addition; and The North 20.5' of Lot 2 & and the All that part of the Asbury Road right of South 3' of Lot 3 of G R West's Addi- way lying north of the northerly right tion; and of way line of University Avenue and Lot 2 of the North 57' of Lot 3 of G R lying south of the easterly extension Wests Addition; and of the southerly line of the East 100' Lot 1 of the North 57' of Lot 3 of G R feet of Lot 159 of Finley Addition; and West's Addition; and All that part of the Irving Street right of Lot 4 of G.R. West Addition; and way lying north of the northerly right Lot 2 of Paragon Square; and of way line of University Avenue and Lot 2-3 and 2-4 McDaniel's Park Hill, lying south of the easterly extension and Lots 8 and 1-9 of G.R. West's of the northerly line of Lot 2 of Lot 2 Addition; and of Lot 1 of Lot 1 of lot 1 of Lot 14 of Lot 2-9 of G R West's Addition; and Mineral Lot 172; and Lots 10, the West 310' of the North 65' All that part of the Loras Boulevard of Lot 2 -11, and the South 55' of Lot right of way lying east of the northerly 2-11, all in G R West's Addition; and right of way line of University Avenue Lot 1 of 11 and the East 20' of the and lying west of a line connecting North 65' of Lot 2 of G R West's Addi- the northeast corner of Lot 2-3-13 of tion; and Mineral Lot 172 and the southeast All that part of the Central Avenue right corner of Lot 1-249 of Woodlawn of way lying south of the northerly Park Addition; and right of way line of West 301h Street All that part of the Delhi Street right of and north of the easterly extension of way lying south of the southerly right the northerly line of Lot 1 of 1 of of way line of University Avenue and Paragon Square; and lying north of the southerly extension All that part of the West 30th Street right of the easterly line of Lot 2-1 of of way lying west of the easterly right Schwind's Place; and of way line of Central Avenue. All that part of the North Grandview All in the City of Dubuque, Dubuque Avenue right of way lying south of the County, IA. easterly extension of the south line of (y) University Avenue Corridor Subarea of Lot 7 of Tschirgi and Schwind's Sub - the district shall include the following de- division and lying north of the norther - scribed properties: ly right of way line of University Ave - All that part of the Pennsylvania Ave- nue; and nue right of way lying north of the nor- All that part of the North Grandview therly right of way line of University Avenue right of way lying south of the Avenue and lying south of the nor- southerly right of way line of Universi- therly extension of the westerly line of ty Avenue and lying north of a line Lot 2-1-1-1-1-2-1 of Mineral Lot 256; parallel to and 150' south of the and southerly right of way line of Universi- All that part of the University Avenue ty Avenue; and right of way lying east of the southerly All that part of the McCormick Street extension of the west line of Lot 1- right of way lying south of the south- 137 of Finley Waples and Burton Ad- erly right of way line of University Av- dition, and lying west of the southerly enue and lying north of the easterly extension of the westerly line of Lot 2 extension of the south line of Lot 1 of of Lot 12 of Central Addition; and Herbst's Subdivision; and All that part of the 9th Street right of way Lot 1-137 of Finley Waples & Burton's lying south of the centerline of 9th Addition; and Street, lying east of the southerly ex- Lot 1-136 and 2-137 of Finley Waples tension of the westerly line of Lot 2 of & Burton's Addition; and Lot 12 of Central Addition, and lying Lot 1-232 of Finley Addition; and west of the northerly extension of the Lot 229 of Finley Addition; and westerly line of Lot 1 of the Subdivi- Lot 130 of Finley Waples & Burton's sion of City Lot 688 and Part of City Addition; and Page 380 of 1311 Book 154 Regular Session, September 3, 2024 294 Lot 131 of Finley Waples & Burton's lying north of the northerly extension of Addition; and the west line of Lot 5 of Union Avenue Lot 132 of Finley Waples & Burton's Subdivision; and Addition; and All that part of the right of way of the alley Lot 133 of Finley Waples & Burton's lying adjacent to and east of Kingdom Addition; and Hall Place and Lot 1 of the West 1074' The Northwest 95' of Lot 19 of Finley of Lot 64 in Littleton and Sawyer's Ad- Waples & Burton's Addition; and dition, lying north of the northerly right The North 95' of Lot 18 of Finley of way of West Locust Street and lying Waples & Burton's Addition; and south of the easterly extension of the Lot 17 of Finley Waples & Burton's Ad- northerly line of Lot 1of the West 1074' dition; and of Lot 64 in Littleton and Sawyer's addi- The Northwest 25' of Lot 2 of Finley tion; and Addition, and all adjacent Alley right All that part of the Rosedale Avenue right of way; and of way lying south of the southerly line The Southeast 41' of Lot 2 in Finley of West Locust Street and lying north of Addition, and all adjacent Alley right the easterly extension of the southerly of way; and line of Lot 42 of Wm. Blake's Addition; Lot 1-1 and 2-1in Finley Addition, and and all adjacent Alley right of way; and All that part of the right of way of the alley Lot 1 of Mineral Lot 170, and all adja- lying adjacent to and east of Lot 2-12B cent Alley right of way; and of Wood's Addition, lying south of the Lot 4, 1-3, 2-3, 2-2 and 1-2, all in Min- easterly right of way of Rosedale Ave- eral Lot 170 and all adjacent Alley nue and lying north of the easterly ex - right of way; and tension of the southerly line of said Lot Lot 5 and Lot 2-6 of Mineral Lot 170; 2-12B; and and All that part of the Alta Vista Street right Lot 1-6 and 2-7 of Mineral Lot 170 and of way lying south of Lot 24D of A. P. Lot 2-2-1-1-1-14 of Mineral Lot 172; Wood's Addition and lying north of the and easterly extension of the southerly line The West 2' of Lot 1 of the Subdivision of Lot 20 of A. P. Wood's Addition; and of Lot 13 of Mineral Lot 172 and Lot All that part of the Williams Street right of 2-13 of Mineral Lot 172 and Lot 2 way lying east of the easterly right of Mabel's Subdivision; and way line of Alta Vista Street and lying The East 58' of Lot 1 of Lot 13 of Min- west of westerly right of way line of eral Lot 172, and Lot 2 of Lot 3-13 of Blake Street; and Mineral Lot 172, and Lot 2A of Lot 1- All that part of the north half of the Belle- 4-13 of Mineral Lot 172; and vue Street right of way lying east of the Lot 2-8 of City Lot 703 and Lot 2-2-9 of easterly right of way line of Alta Vista City Lot 703; and Street and lying west of the westerly Lot 1 of Herbst's Subdivision; and right of way line of Blake Street; and Lot 1-1 and Lot 2-1 of Schwind's Place. All that part of the Blake Street right of All in the City of Dubuque, Dubuque way lying south of the southerly right of County, IA. way line of West Locust Street and ly- (z) West Locust Corridor Subarea of the ing north of the westerly extension of district shall include the following de- the centerline of Vacated Bellevue scribed properties: Street adjacent to Lot 90 in A. P. All that part of the West Locust Street Woods Addition; and right of way lying east of the southerly Lot 5 and East 10' of Lot 4 Ellen Blake's extension of the westerly line of Lot 2- Subdivision; and 1-1-1-1-2 of Clarke College Place and The South150' of the West 40' of Lot 4 lying west of the northerly extension of Ellen Blake's Subdivision; and the easterly right of way line of Pierce The North 170' of the West 40' of Lot 4 Street; and Ellen Blake's Subdivision; and All that part of the Pierce Street right of Lot 3 of Ellen Blake's Subdivision; and way lying south of the southerly right of Lot 2 of Ellen Blake's Subdivision; and way line of West Locust Street and ly- Lot 1 of Ellen Blake's Subdivision; and ing north of the easterly extension of The East 235' of Lot 64 of Littleton & Lot 1 of Lot 1 of Connolly's Subdivision; Sawyer's and Lot 2 of Mineral Lot 93A and and the Balance of Lot 2 of Mineral Lot All that part of the Kirkwood Street right 95; and of way lying south of the southerly right All of Kingdom Hall Place; and of way line of West Locust Street and Lot 1 of the West 1074' of Lot 64 of Little - Page 381 of 1311 Book 154 Regular Session, September 3, 2024 295 ton & Sawyer's Addition; and A. P. Wood's Addition; and Lot 2-1-1-1 and Lot 1-2-1-1 of Wm. Lot 4-98A of Wood's Addition; and Blake's Addition, and Lot 2 & Lot 2-1 of Lot 3-98A of A. P. Wood's Addition; and Part of Mineral Lot 184; and Lot 2-98A of A. P. Wood's Addition; and Lot 1-1-1-1 and Lot 2-2-1-1 of Wm. Lot 1-98A of A. P. Wood's Addition; and Blake's Addition; and Lots 90 to 98, inclusive, in A. P. Wood's Lot 2 and Lot 2-1 of Wm. Blake's Addi- Addition, and the northerly '/2 of Vacat- tion; and ed Bellevue Street abutting said lots 90 Lots 1-3 and Lot 2-4 of Wm. Blake's Ad- to 98, in A.P. Wood's Addition; and dition; and Part of the North '/2 of Vacated Bellevue Lot 2-3 and 1-4 of Wm. Blake's Addition; Street Lying South of McGrath's Subdi- and vision Southeast '/4 Northeast '/4 Sec - Lots 5 to 19, inclusive, of Wm. Blake's tion 23, T89N, R2E in the City of Dubu- Addition; and que; and Lots 2-11, 2-12, and the East 30' of Lot Part of Vacated Bellevue Street lying be- 2-10 in Southview Heights, also Lots tween McGrath's Subdivision and Kirk- 20, 21 and the East 30' of Lot 22 of wood Place in the City of Dubuque; and Wm. Blake's Addition; and Lot 1 and Lot 2-2 of McGrath's Subdivi- The West 70' of Lot 22 of Wm. Blake's sion; and Addition and Lot 2-9 and the West 20' Lots 3 and 4 and Lot 1-2, all in McGrath's of Lot 2-10 of Southview Heights; and Subdivision; and Lot 1-23 of Wm. Blake's Addition and Lot 5 of McGrath's Subdivision; and Lots 2-2-7 and 1-2-8 of Southview Lot 6 of McGrath's Subdivision; and Heights; and Lot 1 of Mineral Lot 95; and Lots 2-23 and the East 50'of Lot 24 of Lot 9 of McGrath's Subdivision; and Wm. Blake's Addition and Lots 2-6, 1- Lots 7 and 8 of McGrath's Subdivision; 2-7, and 2-2-8 of Southview Heights; and and Lot 10 of McGrath's Subdivision; and The West 50' of Lot 24 of Wm. Blake's Lots 2 to 5, inclusive, of Union Avenue Addition and Lot 2-5 of Southview Subdivision #2; and Heights; and Lot 1 of Union Avenue Subdivision #2 Lot 25 of Wm. Blake's Addition; and and Lot 2 of Mosher's Subdivision; and Lot 26 Wm. Blake's Addition; and Lot 1-3, 1-2, and 1-1 of Connolly's Subdi- Lot 27 of Wm. Blake's Addition and Lot 2- vision, and Lot 1 of Part of City Lot 711. 1-1-1-1-2 of Clarke College Place; and All in the City of Dubuque, Dubuque Lots 29 to 42, inclusive, of Wm. Blake's County, IA. Addition; and (aa) Dubuque Brewing and Malting Subar- Lot 2 of Lot 43 of Wm. Blake's Addition; ea of the district shall include the follow - and ing described properties: Lot 2 of Lot 44 of Wm. Blake's Addition; Beginning at the intersection of the nor - and therly right of way line of East 30th Lot 2 of Lot 45 of Wm. Blake's Addition; Street and the westerly right of way line and of Jackson Street; thence northeasterly Lot 2 of Lot 46 of Wm. Blake's Subdivi- along the northerly right of way line of sion; and East 30th Street to the southeast corner Lot 2 of Lot 12B of Wood's Addition; and of a Part of Lot 8 of Mineral Lot 322 as Lots 20, 21, and 22 of A. P. Wood's Addi- shown on the Final Plat of Liebe's Sub- tion; and division No. 3, also being a point on the Lot 23 of A. P. Wood's Addition; and westerly line of Lot 1-2-1 of Becker Lot 2-24 and 2-24A of A. P. Wood's Addi- Place, thence northwesterly along the tion; and easterly lines of Part of Lot 8 and Part Lot 24D of A. P. Wood's Addition; and of Lot 7 as shown on the Final Plat of Lot 24C of A. P. Wood's Addition; and Liebe's Subdivision, Lot 1-6 of Mineral Lots 24B to 36B, inclusive, of A. P. Lot 322, and Lot 4A of Mineral Lot 322 Wood's Addition; and and its northerly extension to a point on Lots 25A to 36A, inclusive, of A. P. the northerly right of way line of East Wood's Addition; and 32"d Street; thence southwesterly along The North 40' of Vacated Williams Street the northerly right of way line of East in A. P. Wood's Addition; and 32"d Street to the westerly right of way Lots 25 to 36, inclusive, of A. P. Wood's line of Jackson Street; thence south - Addition; and easterly along the westerly right of way Lots 6 to 10, inclusive, and the North 1/2 line of Jackson Street to the westerly and South 1/2 of Lot 5, all of Lot 98A of extension of the northerly line of Lot 2 Page 382 of 1311 Book 154 Regular Session, September 3, 2024 296 of Liebe's Subdivision No. 2; thence Lots 4, 5, 6, 7, and 8, all in the Subdivi- northeasterly along said northerly line sion of Lot 20 and the South1/2 of Lot and westerly extension to the northeast 19 Tivoli Addition; and corner of said Lot 2; thence southeast- Lot 3 of the Subdivision of Lot 20 and of erly along the easterly line of Lots 1 South 1/2 of Lot 19 Tivoli Addition; and and 2 of Liebe's Subdivision No. 2 to Lot 2 of the Subdivision of Lot 20 and of the southeast corner of Lot 1 of Liebe's South 1/2 of Lot 19 Tivoli Addition; and Subdivision No. 2; thence southeasterly All that part of the Francis Street right of across Liebe Street right of way to the way lying north of the north right of way northeast corner of Lot 1 of Liebe's line of Kaufmann Avenue and south of Subdivision No. 1; thence southeasterly the easterly extension of the north line along the easterly lines of Lots 1 and 2 of Lot 2-21 in Tivoli Addition; and of Liebe's Subdivision No. 1 to the Lot 1-21 Tivoli Addition; and southeast corner of Lot 2 of Liebe's Lot 2-21 Tivoli Addition; and Subdivision No. 1; thence southwester- All that part of the Public Alley right of ly along the southerly line of said Lot 2 way adjacent to Lot 38 of Tivoli Addi- and its westerly extension to the west- tion lying north of the northerly right of erly right of way of Jackson Street; way line of Kaufmann Avenue and lying thence southeasterly along the westerly south of the easterly extension of the right of way of Jackson Street to the north line of said Lot 38; and point of beginning. Lot 38 Tivoli Addition; and (bb) 15th Street Subarea of the district shall Lot 39 Tivoli Addition; and include that area generally bounded by Lot 1-40 Tivoli Addition; and the following description: Beginning at All that part of the Valeria Street right of the intersection of the northerly right of way lying north of the northerly right of way line of East 15th Street and the east- way line of Kaufmann Avenue and erly right of way line of Elm Street in the south of the easterly extension of the City of Dubuque, Dubuque County, IA. north line of Lot 1-1-1-1 in Weland's Thence northeasterly along the northerly Subdivision; and right of way line of East 15th Street to a Lot 1-1-1-1 and Lot 2-2-2 Weland's Sub - point of intersection with the westerly division; and right of way line of a public alley lying Lot 2-1-1 Weland's Subdivision; and between Pine Street and Maple Street; Lot 2-1 and Lot 1-2-2 of Subdivision of Thence northwesterly along said west- Lots 129, 131, 131A & 135A L H Lang- erly right of way line to the northeast worthy's Addition aka Weland's Subdi- corner of the North 35 feet of Lot 255 in vision; and East Dubuque Addition # 2; Thence Lot 2-2A & Lot 1-2 Weland's Subdivision; southwesterly along the northwesterly and line of said Lot to a point of intersection Lot 1-2A Weland's Subdivision; and with the easterly right of way line of Lot 3 Weland's Subdivision; and Pine Street; Thence northwesterly Lot 3A Weland's Subdivision; and along said easterly right of way line to The East 27' of Lot 4 Weland's Subdivi- the southerly right of way line of E. 16th sion; and Street; Thence southwesterly along The West 35' of Lot 4 Weland's Subdivi- said southerly right of way line to a sion; and point of intersection with the easterly Lot 5 Weland's Subdivision; and right of way line of Elm Street; Thence Lot 5 of the Subdivision of Lots 3 & 4 of southeasterly along said easterly right Lot 135 L H Langworthy's Addition; and of way line to a point of intersection All of the Private Driveway known as with the northerly right of way line of E. Fuller Place Abutting Lots 2, 3, 4 & 5 of 15th Street, said point being the point of the Sub. of Lots 3 & 4 of Lot 135 L H beginning. Langworthy's Addition East 50'1 and (cc) Lower Kaufmann Subarea of the dis- West 1/2-2 all of Lot 135 LH Langwor- trict shall include the following described thy's Addition; and properties: Lot 2 of the Subdivision of Lots 3 and 4 All that part of the Public Alley right of of Lot 135 L H Langworthy's Addition; way between Francis Street, Central and Avenue, Kaufmann Avenue, and West The Middle 37' of Lot 7 Cushing's Subdi- 231 Street lying north of the north right vision; and Lot 3 of the Subdivision of of way line of Kaufmann Avenue and Lots 3 and 4 of Lot 135 L H Langwor- south of the easterly extension of the thy's Addition; and south line of the North Half of Lot 19 in The North 38' of Lot 7 Cushing's Addi- Tivoli Addition; and tion; and Lot 4 of the Subdivision of Page 383 of 1311 Book 154 Regular Session, September 3, 2024 297 Lots 3 and 4 of Lot 135 L H Langwor- Lot 1-1-1-1-147 and the West 1/2 of Lot thy's Addition; and 1-1-2-147 L H Langworthy's Addition; Lot 1 of the Subdivision of Lots 3 and 4 and of Lot 135 L H Langworthy's Addition; All of Cornelia Place; and and Lot 2 of the West 1/2 of Lot 148 L H The South 60' of Lot 7 Cushing's Subdi- Langworthy's Addition; and vision; and Lot 2-1 of the West 1/2 of Lot 148 L H Lot 8 and the East 7 1/2' of Lot 9 Cush- Langworthy's Addition; and ing's Subdivision; and Lot 1-1 of the West 1/2 of Lot 148 L H The West 22 1/2' of Lot 9 and the East Langworthy's Addition; and 15' of Lot 10 Cushing's Subdivision; All that part of the Valeria Street right of and way lying east of the easterly right of The West 15' of Lot 10 and the East way line of Kaufmann Avenue and west 22'6" of Lot 11 Cushing's Subdivision; of the northerly extension of the easter- and ly line of Lot 1-1 of the West Half of Lot Lot 12 and the West 7 1/2' of Lot 11 148 in L H Langworthy's Addition; and Cushing's Subdivision; and Lot 1-149 L H Langworthy's Addition and Lot 13 Cushing's Subdivision; and Lot 2-1-5 and Part of 2-5 of Mineral Lot Lot 14 Cushing's Subdivision; and 316; and Lot 15 Cushing's Subdivision; and Lot 2-149 L H Langworthy's Addition; and Lot 6 C. Klingenberg's 3rd Addition; and The Southerly 50' of the South 100'-Lot All that part of the Cushing Place right of 151 L H Langworthy's Addition; and way lying north of the northerly right of The North 50' of the South 100' of Lot way line of Kaufmann Avenue and lying 151 L H Langworthy's Addition; and south of the westerly extension of the The Southerly 61' of the Northerly 71' of north line of Lot 6 in C. Klingenberg's Lot 151 L H Langworthy's Addition; and Third Addition; and The Northerly 10' the Northerly 71' of Lot Lot 2-141 L H Langworthy's Addition and 151 and the Southerly 50' of the South - Lot 4 C. Klingenberg's 3rd Addition; and erly 100' of Lot 155 L H Langworthy's Lot 2-143 and Lot 2-1-1-1-143 L H Addition; and Langworthy's Addition; and The Northerly 50' of the Southerly 100' of The East '/2 of Lot 3-143 & Lot 2-2-1-1- Lot 155 L H Langworthy's Addition; and 143 L H Langworthy's Addition; and Lot 2 of the Subdivision of the South - The West 1/2 of Lot 3-143 L H Langwor- westerly 100' of the Northwesterly 92' thy's Addition; and of Lot 155 L H Langworthy's Addition; Lot 4-143 L H Langworthy's Addition; and and Lot 5-143, Lot 2-2-1-1-East 3/4-145A, Lot 1 of the Subdivision of the South - and Lot 2-2-2-1-1-1-East3/4-145A L H westerly 100' of the Northwesterly 92' Langworthy's Addition; and of Lot 155 L H Langworthy's Addition; Lot 1 Janice Place on Kaufman Avenue; and and All that part of the Greenfield Street right Lot 2 Janice Place on Kaufmann Avenue; of way lying east of the easterly right of and way line of Kaufmann Avenue and lying Lot 1-1-West 1/4 of Lot 145A L H Lang- west of the southerly extension of the worthy's Addition; and westerly line of Lot 1-7 in Springgreen Lot 1 Herbst Place #2; and Subdivision; and Lot 2-1-1-3-145 and the South 192.60' of Lot 6 and Lot 2-7 Springgreen Subdivi- the West Part of Lot 1-2-145 L H sion; and Langworthy's Addition; and Lot 5 Springgreen Subdivision; and Lot 1-1-1-3-145 and 2-2-1-147 and Lot 2- Lot 4 Springgreen Subdivision; and 2-2-147 L H Langworthy's Addition; and Lot 3 Springgreen Subdivision; and The East 34' of Lot 1-2-2-147 and the All that part of the Kane Street right of East 34' of Lot 2-2-1-1-147 L H Lang- way lying north of the northerly right of worthy's Addition; and way line of Kaufmann Avenue and lying The West 28' of Lot 1-2-2 of 147 L H south of the westerly extension of the Langworthy's Addition; and north line of Lot 3 in Springgreen Sub - The West 28' of Lot 2-2-1-1-147 L H division; and Langworthy's Addition; and Lot 1 Kieffer Place; and Lot 2-1-2-147 and Lot 1-2-1-1-147 L H Lot 2-1 and Lot A of Vogt Place; and Langworthy's Addition; and All that part of the Kaufmann Avenue The East 1/2 of Lot 1-1-2-147 and Lot 2- right of way lying south and east of the 1-1-1-147 L H Langworthy's Addition; southerly extension of the west line of and Lot 2-1 of Vogt Place and lying north Page 384 of 1311 Book 154 Regular Session, September 3, 2024 298 and west of the southerly extension of Lot 157, 158 and 159 Mechanic's Addi- the westerly line of Lott of Tivoli Addi- tion; and tion; and Lot 9 and Lot 1-10 of Lots 138, 140, and Lot 158A L H Langworthy's Addition; and 142 of L H Langworthy's Addition; and Lot 154 L H Langworthy's Addition; and Lot 1-8 of Lots 138, 140, & 142 L H Lot 154A L H Langworthy's Addition; and Langworthy's Addition; and Lot 2-1-153 L H Langworthy's Addition; The West 20' of Lot 6, the West One Half and of Lot 7 except the East 5 feet thereof, Lot 1-1-153 L H Langworthy's Addition; and Lot 2 of Lot 8, all of the Subdivision and of Lots 138, 140, and 142 L H Lang - Lot 2-153 and the North 27' of Lot 2-1- worthy's Addition; and 153A L H Langworthy's Addition; and The East 30' of Lot 7, and the East 5' of The South 50' of Lot 2-1-153A L H Lot 6, and Lot 5, all of the Subdivision Langworthy's Addition; and of Lots 138, 140, and 142 L H Lang - Lot 2-2-153A L H Langworthy's Addition; worthy's; and and Lot 4-138, 4-140, and 4-142 L H Lang - Lot 1-2-152 and Lot 1-2-153A L H Lang- worthy's Addition; and worthy's Addition; and Lot 3-138, 3-140, and 3-142 L H Lang - Lot 1-2-2-152 L H Langworthy's Addition; worthy's Addition; and and Lot 2-138, 2-140 and 2-142 L H Lang - Lot 2-2-2-152 L H Langworthy's Addition; worthy's Addition; and and Lot 1 of the Subdivision of Lot 1 and the The NW 4' of Lot 2 of Lot 150 and Lot 1- balance of Lot 2 of the Subdivision of 152 L H Langworthy's Addition; and Lot 1, both of the Subdivision of Lots The East 88.5' of Lot 2 of the Subdivision 138, 140 and 142 L H Langworthy's of Lot 150 L H Langworthy's Addition; Addition; and and The North 296' of the West 1/4 of Lot 136 Lot 6 of the Subdivision of Lot 150A and L H Langworthy's Addition; and of Lot 1 of Lot 150 L H Langworthy's The South 50' of the West 1/4 of Lot 136 Addition; and L H Langworthy's Addition; and Lot 1-5 of the Subdivision of Lot 150A The balance of the Easterly Half of the and of Lot 1 of Lot 150 L H Langwor- Westerly Half of Lot 136 L H Langwor- thy's Addition; and thy's Addition; and All that part of the Hempstead Street right Lot 2 of Lot 1, and Lot 2, both of the East of way lying south of the southerly right 1/2 of Lot 136 L H Langworthy's Addi- of way line of Kaufmann Avenue and tion; and lying north of the northerly right of way The balance of Lot 1 of Lot 1 of the East line of Lowell Street; and 1/2 of Lot 136 L H Langworthy's Addi- Lot 1-1-3-146 and 146A and Lot 1-1-2-3- tion; and 146 and 146A Of L H Langworthy's Ad- The balance of Lot 7 Siege Subdivision; dition; and and Lot 1 of Lot 2 of Lots 146 and Lot 146A L The West 1/2 of Lot 6 Siege Subdivision; H Langworthy's Addition; and and Lot 1-1-1-151 Mechanic's Addition; and The East 1/2 of Lot 6 Siege Subdivision; Lot 1 of the Subdivision of Lot 1 of Lots and 146 and Lot 146A in L H Langworthy's The West 1/2 of Lot 5 Siege Subdivision; Addition and Lot 2 of the Subdivision of and Lot 2 of Lots 146 and Lot 146A L H The East 1/2 of Lot 5 Siege Subdivision; Langworthy's and Lot 2-of the Subdivi- and sion of Lot 1 of Lot 1 of Lot 151 Me- Lot 4 Siege Subdivision; and chanics Addition; and Lot 3 Siege Subdivision; and Lot 2 of Lot 1 of the Subdivision of Lots Lot 2 Siege Subdivision; and 146 and Lot 146A L H Langworthy's Lot 1-1 Siege Subdivision; and Addition and Lot 2 of Lot 1 of Lot 151 All that part of the Kleine Street right of Mechanic's Addition; and way lying south of the southerly line of Lots 152, 153 and Lot 2-151 Mechanic's Kaufmann Avenue and lying north of Addition; and the easterly extension of the south line Lot 154 and the West 42' 4" of Lot 155 of Lot 1-2 in Seiges Subdivision; and Mechanic's Addition; and Lot 1-63 Marsh's Addition; and All of the Public Alley right of way be- Lot 2-63 Marsh's Addition; and tween Lots 155 and 156 in Mechanic's Lots 3-38 and 4-38 Marsh's Addition; and Addition; and Lot 2-38 Marsh's Addition; and Lot 156 Mechanic's Addition; and Lot 1-38 Marsh's Addition; and Page 385 of 1311 Book 154 Regular Session, September 3, 2024 299 All that part of the North Main Street right tion; and of way lying south of the southerly line Lots 83 and 84 Pleasant View Addition; of Kaufmann Avenue and lying north of and the westerly extension of the south line The East 35' of Lot 85 Pleasant View of Lot 37 in Marsh's Addition; and Addition; and Lot 37 Marsh's Addition; and Lots 80, 81, and 82 Pleasant View Addi- Lot 36 Marsh's Addition; and tion; and Lot 35 Marsh's Addition; and All that part of the Public Alley right of Lot 34 Marsh's Addition; and way between Lots 80, 81, 82, 83, 84, Lot 33 Marsh's Addition; and and 85 in Pleasant View Addition lying Lot 32 Marsh's Addition; and west of the westerly right of way line of The North 95' of Lot 31 Marsh's Addition; Hempstead Street and lying east of the and northerly extension of the East 35' of The North 95' of Lot 1 Marsh's Addition Lot 85 in Pleasant Valley Addition; and All that part of the Heeb Street right of Lot 79 and 79A Mechanic's Addition; and way lying south of the southerly line of Lot 78 Mechanic's Addition; and Kaufmann Avenue and lying north of Lot 77 Mechanic's Addition; and the easterly extension of the southerly Lot 76 Mechanic's Addition; and line of Lot 12 of Marsh's Addition; and Lot 75 Mechanic's Addition; and The South 40' of Lot 1, the North 5' of Lot All that part of the Montcrest Street right 2, and the South 40' of Lot 31 Marsh's of way lying west of the westerly right Addition; and of way line of Hempstead Street and ly- The South 45' of Lot 2 Marsh's Addition; ing east of the northeasterly extension and of the westerly line of Lot 75 in Me - Lot 3 Marsh's Addition; and chanic's Addition; and Lot 4 Marsh's Addition; and Lot 1-73 and 1-74 Mechanic's Addition; Lot 5 Marsh's Addition; and and The North 40' of Lot 6 Marsh's Addition; Lot 1-2 of the Subdivision of Lot 150A and and Lot 1-150 L H Langworthy's Addi- Lot 12, Lot 11, Lot 10, and the South 30' tion; and of Lot 9, and the East 60' of the North Lot 1-3 of the Subdivision of Lot 150A 20' of Lot 9, and the West 125' of the and Lot 1-150 L H Langworthy's Addi- North 20' of Lot 9, Lot 8, Lot 7 and the tion; and South 10' of Lot 6, all In Marsh's Addi- Lot 1-1 of the Subdivision of Lot 150A tion; and and Lot 1-150 L H Langworthy's Addi- Lot 62 Marsh's Addition; and tion; and Lot 2-1 Siege Subdivision; and Lot 1-4 of the Subdivision of Lot 150A Lot 1-2-2-3 of the Subdivision of Lots 146 and Lot 1-150 L H Langworthy's Addi- and 146A L H Langworthy's Addition; tion. and (dd) North Peru Road Subarea of the dis- Lots 1-2-150, 1-2-2-150, and 1-150 Me- trict shall include the following described chanic's Addition; and properties: Lot 1 Runde Place; and Lot 1 of Fountain Hill Resubdivision; and Lot 2 Runde Place; and Lots 2 and 3, and Lot 1 of Lot 1 of Lot 4, All that part of the Napier Street right of Lot 2 of Lot 1 of Lot 2 of Lot 4, and Lot way lying east of the easterly right of 2 of Lot 2 of Lot 4, all of the Subdivision way line of Hempstead Street and lying of the South West % of Section 1, west of the northerly extension of the Township 89 North, Range 2 East, of east line of Lot 125 in Mechanic's Addi- the 5th P.M., all in the City of Dubuque, tion; and IA.; and Lot 125 Mechanic's Addition; and All that part of the easterly 33' of the right Lot 124 Mechanic's Addition; and of way of Peru Road lying south of the Lot 123 Mechanic's Addition; and northerly line of Lot 2 of Lot 2 of Lot 4 All that part of the Public Alley right of of the Subdivision of the South West'/4 way between Lots 119, 120, 121, 122 of Section 1, Township 89 North, and 123 in Mechanic's Addition lying Range 2 East, of the 5th P.M. and its east of the easterly right of way line of westerly extension, and lying north of Hempstead Street and lying west of the the northerly line of Emerald Acres No. southerly extension of the east line of 1 and its easterly extension; and Lot 123 in Mechanic's Addition; and All that part of the right of way of Peru Lot 2-121 and 2-122 Mechanic's Addi- Road lying south of the northerly line of tion; and Emerald Acres No. 1 and its easterly Lot 1-121 and 1-122 Mechanic's Addi- extension, and lying north of the easter- Page 386 of 1311 Book 154 Regular Session, September 3, 2024 300 ly line of Lot 4A of Mineral Lot 322 and Plan for the Greater Downtown Urban its northerly extension. Renewal District, approved by Resolution All in the City of Dubuque, IA. No. 277-24 on September 3, 2024, as (ee) Stafford Street Subarea of the District the same may be amended from time to shall include the following described time. properties: Section 2: The taxes levied on the taxable The Southeasterly 95.53 feet of Lot 17 property in the Amended Project Area, legally and the Southeasterly 95.53 feet of Lot 3 described in Section 1 hereof, by and for the of the Subdivision of Lot 18, both in benefit of the State of Iowa, City of Dubuque, "Dreibelbis Addition, Dubuque" in the City County of Dubuque, Dubuque Community of Dubuque, IA., according to the record- School District, and all other taxing districts ed Plat thereof from and after the effective date of this Ordi- All in the City of Dubuque, IA. nance shall be divided as hereinafter in this (ff) Roosevelt Street Subarea of the District Ordinance provided. shall include the following described Section 3: Taxes. properties: (a) As to the Town Clock Subarea, that Lots 6, 7, 8, and 9 in Block 1 of "River portion of the taxes which would be Front Subdivision No. 5" in the City of produced by the rate at which the tax is Dubuque, IA.; and levied each year by or for each of the Lot 2 of Subdivision of Lot 1 of Lot 1 of taxing districts taxing property in the Lot 1 in Block 1 of "Riverfront Subdivi- Town Clock Subarea upon the total sion No. 5", in the City of Dubuque, IA.; sum of the assessed value of the taxa- and ble property in the Town Clock Subarea Lot 2 of Subdivision of Lot 1 of Lot 1 in as shown on the assessment roll as of Block 1 of "Riverfront Subdivision No. January 1, 1966, being the assessment 5", in the City of Dubuque, IA.; and roll last equalized prior to the date of Lot 2 of Subdivision of Lot 1 in Block 1 of the initial adoption of the Urban Re- "Riverfront Subdivision No. 5", in the newal Plan for the Downtown Dubuque City of Dubuque, IA.; and Urban Renewal Project, Iowa R-15, Lot 5, in Block 1, in "River Front Subdivi- shall be allocated to and when collect- sion No. 5" in the City of Dubuque, IA. ed be paid into the fund for the respec- (gg) Amended Project Area shall mean the tive taxing district as taxes by or for areas of the City of Dubuque, IA. includ- said taxing district into which all other ed within the Town Clock Subarea, the property taxes are paid. The taxes so Old Main Subarea, the Town Clock Ex- determined shall be referred herein as pansion Subarea, the Upper Main Sub- the "base period taxes" for such Sub- area, the Ice Harbor Subarea A, the Ice area. Harbor Subarea B, the Ice Harbor Sub- (b) As to the Old Main Subarea, base pe- area C, the Warehouse Subarea, the riod taxes shall be computed in the South Main Subarea, the South Port same manner using the total assessed Subarea, the Cable Car Subarea, the value shown on the assessment roll as Bluff Street Subarea, the South Bluff of January 1, 1993, being the assess - Street Subarea, the Kerper Boulevard ment roll as of January 1 of the calen- Subarea, the Washington Neighborhood dar year preceding the effective date of Subarea, the Industrial Harbor Subarea, Ordinance No. 23-94. the East 7t' Street Subarea, the Chaplain (c) As to the Town Clock Expansion Schmitt Subarea, the North Kerper Subarea, base period taxes shall be Boulevard Subarea but excluding those computed in the same manner using lots and parcels removed by Amended the total assessed value shown on the and Restated Urban Renewal Plan Ver- assessment roll as of January 1, 1996, sion 2022.1, the Quebecor Subarea, the being the assessment roll as of Janu- Harrison Street Subarea, the Holy Ghost ary 1 of the calendar year preceding Subarea, the Almond Street Subarea, the the effective date of Ordinance No. 67- North End Subarea, the University Ave- 97. nue Corridor Subarea, the West Locust (d) As to the Upper Main Subarea, base Corridor Subarea, the Brewing and Malt- period taxes shall be computed in the ing Subarea, the 151h Street Subarea, the same manner using the total assessed Lower Kaufmann Subarea, the North Pe- value shown on the assessment roll as ru Road Subarea, the Stafford Street of January 1, 2001, being the assess - Subarea, and the Roosevelt Street Sub- ment roll as of January 1 of the calen- area each as described in this Section. dar year preceding the effective date of (hh) Urban Renewal Plan shall mean the Ordinance No. 26-02. Amended and Restated Urban Renewal Page 387 of 1311 Book 154 Regular Session, September 3, 2024 301 (e) As to the Ice Harbor Subarea A, base ment roll as of January 1, 2010, being period taxes shall be computed in the the first day of the calendar year pre - same manner using the total assessed ceding the effective date of Ordinance value shown on the assessment roll as 33-11. of January 1, 1988, being the assess- (n) As to the Kerper Boulevard Subarea, ment roll as of January 1 of the calen- base period taxes shall be computed in dar year preceding the effective date of the same manner using the total as - Ordinance No. 66-89. sessed value shown on the assess- (f) As to the Ice Harbor Subarea B, base ment roll as of January 1, 1993, being period taxes shall be computed in the the first day of the calendar year pre - same manner using the total assessed ceding the effective date of Ordinance value shown on the assessment roll as 43-94. of January 1, 1999, being the assess- (o) As to the Washington Neighborhood ment roll as of January 1 of the calen- Subarea, base period taxes shall be dar year preceding the effective date of computed in the same manner using Ordinance No. 97-00. the total assessed value shown on the (g) As to the Ice Harbor Subarea C, base assessment roll as of January 1, 2010, period taxes shall be computed in the being the first day of the calendar year same manner using the total assessed preceding the effective date of Ordi- value shown on the assessment roll as nance 33-11. of January 1, 2006, being the assess- (p) As to the Industrial Harbor Subarea, ment roll as of January 1 of the calen- base period taxes shall be computed in dar year preceding the effective date of the same manner using the total as - Ordinance No. 20-07. sessed value shown on the assess- (h) As to the Warehouse Subarea, base ment roll as of January 1, 2010, being period taxes shall be computed in the the first day of the calendar year pre - same manner using the total assessed ceding the effective date of Ordinance value shown on the assessment roll as 33-11. of January 1, 2006, being the first day (q) As to the East 7th Street Subarea, of the calendar year preceding the ef- base period taxes shall be computed in fective date of Ordinance No. 63-07. the same manner using the total as- (i) As to the South Main Subarea, base sessed value shown on the assess - period taxes shall be computed in the ment roll as of January 1, 1996, being same manner using the total assessed the first day of the calendar year pre - value shown on the assessment roll as ceding the effective date of Ordinance of January 1, 2006, being the first day 64-97. of the calendar year preceding the ef- (r) As to the Chaplain Schmitt Subarea, fective date of Ordinance No. 63-07. base period taxes shall be computed in Q) As to the South Port Subarea, base the same manner using the total as - period taxes shall be computed in the sessed value shown on the assess - same manner using the total assessed ment roll as of January 1, 2010, being value shown on the assessment roll as the first day of the calendar year pre - of January 1, 2007, being the first day ceding the effective date of Ordinance of the calendar year preceding the ef- 33-11. fective date of Ordinance No. 60-08. (s) As to the North Kerper Boulevard (k) As to the Cable Car Subarea, base Subarea, excluding those lots and par - period taxes shall be computed in the cels removed by Amended and Restat- same manner using the total assessed ed Urban Renewal Plan Version 2022.1 value shown on the assessment roll as now forming the Roosevelt Street Sub - of January 1, 2008, being the first day area, base period taxes shall be com- of the calendar year preceding the ef- puted in the same manner using the to- fective date of Ordinance 58-09. tal assessed value shown on the as- (1) As to the Bluff Street Subarea, base sessment roll as of January 1, 2011, period taxes shall be computed in the being the first day of the calendar year same manner using the total assessed preceding the effective date of Ordi- value shown on the assessment roll as nance 60-12. of January 1, 2009, being the first day (t) As to the Quebecor Subarea, base pe- of the calendar year preceding the ef- riod taxes shall be computed in the fective date of Ordinance 51-10. same manner using the total assessed (m) As to the South Bluff Street Subarea, value shown on the assessment roll as base period taxes shall be computed in of January 1, 2001, being the first day the same manner using the total as- of the calendar year preceding the ef- sessed value shown on the assess- fective date of Ordinance 88-02. Page 388 of 1311 Book 154 Regular Session, September 3, 2024 302 (u) As to the Harrison Street Subarea, (cc) As to the Lower Kaufmann Subarea, base period taxes shall be computed in base period taxes shall be computed in the same manner, using the total as- the same manner, using the total as- sessed value shown on the assess- sessed value shown on the assess- ment roll as of January 1, 2011, being ment roll as of January 1, 2016, being the first day of the calendar year pre- the first day of the calendar year pre- ceding the effective date of Ordinance ceding the effective date of Ordinance 60-12. 26-17. (v) As to the Holy Ghost Subarea, base (dd) As to the North Peru Road Subarea, period taxes shall be computed in the base period taxes shall be computed in same manner, using the total assessed the same manner, using the total as - value shown on the assessment roll as sessed value shown on the assess - of January 1, 2013, being the first day ment roll as of January 1, 2019, being of the calendar year preceding the ef- the first day of the calendar year pre- fective date of Ordinance 45-14. ceding the effective date of Ordinance (w) As to the Almond Street Subarea, 20-20. base period taxes shall be computed in (ee) As to the Stafford Street Subarea, the same manner, using the total as- base period taxes shall be computed in sessed value shown on the assess- the same manner, using the total as- ment roll as of January 1, 2013, being sessed value shown on the assess - the first day of the calendar year pre- ment roll as of January 1, 2019, being ceding the effective date of Ordinance the first day of the calendar year pre- 45-14. ceding the effective date of Ordinance (x) As to the North End Subarea, base 41-20. period taxes shall be computed in the (ff) As to the Roosevelt Street Subarea, same manner, using the total assessed base period taxes shall be computed in value shown on the assessment roll as the same manner, using the total as - of January 1, 2015, being the first day sessed value shown on the assess - of the calendar year preceding the ef- ment roll as of January 1, 2022, being fective date of this Ordinance. the first day of the calendar year pre- (y) As to the University Avenue Corridor ceding the effective date of Ordinance Subarea, base period taxes shall be 8-22. computed in the same manner, using Section 4: That portion of the taxes each the total assessed value shown on the year in excess of the base period taxes for the assessment roll as of January 1, 2015, Amended Project Area, determined for each being the first day of the calendar year Subarea thereof as provided in Section 3 of preceding the effective date of this Or- this Ordinance, shall be allocated to and when dinance. collected be paid into the special tax increment (z) As to the West Locust Corridor Sub- fund previously established by the City of area, base period taxes shall be com- Dubuque to pay the principal of and interest on puted in the same manner, using the loans, monies advanced to, or indebtedness, total assessed value shown on the as- whether funded, refunded, assumed or other- sessment roll as of January 1, 2015, wise, including bonds issued under authority of being the first day of the calendar year Section 403.9 or Section 403.12 of the Code of preceding the effective date of this Or- Iowa, incurred by the City of Dubuque, IA. to dinance. finance or refinance, in whole or in part, urban (aa) As to the Brewing and Malting Sub- renewal projects undertaken within the area, base period taxes shall be com- Amended Project Area pursuant to the Urban puted in the same manner, using the Renewal Plan, except that taxes for the regular total assessed value shown on the as- and voter -approved physical plant and equip- sessment roll as of January 1, 2007, ment levy of a school district imposed pursuant being the first day of the calendar year to Section 298.2 of the Code of Iowa and taxes preceding the effective date of Ordi- for the instructional support program of a nance 61-08. school district imposed pursuant to Section (bb) As to the 15th Street Subarea, base 257.19 (but in each case only to the extent period taxes shall be computed in the required under Section 403.19(2)), taxes for same manner, using the total assessed the payment of bonds and interest of each value shown on the assessment roll as taxing district, and taxes imposed under Sec - of January 1, 2016, being the first day tion 346.27(22) related to joint county -city of the calendar year preceding the ef- buildings shall be collected against all taxable fective date of Ordinance 6-17 and 6- property within the Amended Project Area 17-A. without any limitation as hereinabove provided. Page 389 of 1311 Book 154 Regular Session, September 3, 2024 303 Section 5: Unless or until the total as- sessed valuation of the taxable property in the Subareas of the Amended Project Area ex- ceeds the total assessed value of the taxable property in said Subareas shown by the as- sessment 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 districts 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 taxable 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 Ordinance are hereby repealed. The provi- sions of this Ordinance are intended and shall be construed so as to continue the division of taxes from property within the Amended Pro- ject Area under the provisions of Section 403.19 of the Code of Iowa, as authorized in Ordinance No. _-24, as previously amended. In the event that any provision of this Ordi- nance shall be determined to be contrary to law it shall not affect other provisions or appli- cation 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 refer- ence to the Amended Project Area and the territory contained therein. Section 8: This Ordinance shall be in effect after its final passage, approval and publica- tion as provided by law. Passed and approved this 3rd day of Sep- tember 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Tax Increment Ordinance for the Greater Downtown Urban Renewal District, Version 2024.2 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 Farber. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 53-24 Amending Ordinance No. 52-24, as amended, providing that general property taxes levied and collect- ed each year on all property located within the Greater Downtown Urban Renewal 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 Dis- trict, and other taxing districts, be paid to a special fund for payment of principal and inter- est on loans, monies advanced to and indebt- edness, including bonds issued or to be is- sued, incurred by said city in connection with The Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renew- al District, by adding the Roosevelt Street Subarea to the division of revenues. Seconded by Farber. Motion carried 7-0. ORDINANCE NO. 53-24 AMENDING ORDINANCE NO. 52-24, AS AMENDED, PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COL- LECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE GREATER DOWN- TOWN URBAN RENEWAL 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 DUBU- QUE, DUBUQUE COMMUNITY SCHOOL DISTRICT, AND OTHER TAXING DIS- TRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND IN- TEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, IN- CURRED BY SAID CITY IN CONNECTION WITH THE AMENDED AND RESTATED UR- BAN RENEWAL PLAN FOR THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT, BY ADDING THE ROOSEVELT STREET SUBAREA TO THE DIVISION OF REVE- NUES Whereas, the City Council of the City of Dubuque, IA. (the "City") has heretofore, in Ordinance No. 30-82, provided for the division of taxes within the original Downtown Dubuque Urban Renewal Project, Iowa R-15, described in Resolution No. 123-67 adopted on May 18, 1967, pursuant to Section 403.19 of the Code of Iowa; and Whereas, the Urban Renewal Plan for the original Downtown Dubuque Urban Renewal Project, Iowa R-15, subsequently has been amended on numerous occasions, growing through expansion or merger with other exist- ing urban renewal districts, resulting in Bluff Street, Cable Car, Chaplain Schmitt, East 7th Street, Ice Harbor Subarea A, Ice Harbor Sub- area B, Ice Harbor Subarea C, Industrial Har- bor, Kerper Boulevard, Old Main, South Bluff, South Main, South Port, Town Clock, Town Clock Expansion, Upper Main, Warehouse, Washington Street, North Kerper Boulevard, Quebecor, Harrison Street, Holy Ghost, Al- mond Street, North End, West Locust Street Corridor, University Avenue Corridor, Brewing Page 390 of 1311 Book 154 Regular Session, September 3, 2024 304 & Malting, 15th Street, Lower Kaufmann, North shall include that area described as fol- Peru Road, Stafford Street, Roosevelt Street, lows: Beginning at the intersection of Hawthorne Street, and Locust Street Subareas the north right-of-way line of Ninth being added to what is now known as the Street with the east right-of-way line of Amended and Restated Greater Downtown Central Avenue; thence south along the Urban Renewal District; and east right-of-way line of Central Avenue Whereas, consistent with the amendments to its intersection with the south right - to the Urban Renewal Plan, Ordinance No. 30- of -way line of Fourth Street; thence 82 subsequently was amended on numerous west along the south right-of-way line occasions to provide for the division of taxes of Fourth Street to its intersection with within the Amended and Restated Greater the west right-of-way line of Locust Downtown Dubuque Urban Renewal District, Street; thence north along the west most recently by Ordinance No. 53-24, creat- right-of-way line of Locust Street to its ing separate base valuations for the Bluff intersection with the north right-of-way Street, Cable Car, Chaplain Schmitt, East 7t' line of Ninth Street, but also including Street, Ice Harbor Subarea A, Ice Harbor Sub- the adjacent City Lots 623 and 624 area B, Ice Harbor Subarea C, Industrial Har- (Dubuque Museum of Art), the Locust bor, Kerper Boulevard, Old Main, South Bluff, Street Parking Ramp between 8th and South Main, South Port, Town Clock, Town 9th Streets and the former U.S. Federal Clock Expansion, Upper Main, Warehouse, Building located on City Lots 101, 102, and Washington Street, North Kerper Boule- 139, 140, and the N 54.5' of City Lots vard, Quebecor, Harrison Street, Holy Ghost, 103 & 138, and the vacated alley be - Almond Street, North End, West Locust Street tween said lots; thence east along the Corridor, University Avenue Corridor, Brewing north right-of-way line of Ninth Street to & Malting, 15th Street Subarea, Lower Kauf- its intersection with the east right-of- mann, North Peru Road, Stafford Street, Roo- way line of Central Avenue, and point sevelt Street, Hawthorne Street, and Locust of beginning, including all public rights - Street Subareas; and of -way. Whereas, the Urban Renewal Plan for the (b) Town Clock Expansion Subarea shall Greater Downtown Urban Renewal District include the following described proper - was further amended and restated as an ties: South 1/2 of City Lot 167, City Lot Amended and Restated Urban Renewal Plan, 168 and City Lot 168A (Iowa Inn prop - pursuant to Resolution No. 278-24 approved erty); and Lots 1 & 2 of City Lots 204, on September 3, 2024, for the purpose of ex- 205, 206, 207 and 208, N. 23' of City panding the Greater Downtown Urban Renew- Lot 263, S. 28.5' of City Lot 263, N. 1/2 al District to include additional areas described of City Lot 262, S. 1/2 of City Lot 262, as the Hawthorne Street and Locust Street N. 1/2 of City Lot 261 (Parking Lot Subareas; and Number 1), all in the City of Dubuque, Whereas, indebtedness has been incurred IA. and any adjoining public right -of - by the City, and additional indebtedness is way. anticipated to be incurred in the future, to fi- (c) Old Main Subarea of the District shall nance urban renewal project activities within include that area generally bounded on the combined area known as the Greater the North by Fourth Street, on the West Downtown Urban Renewal District (the by Locust Street, on the South by the "Greater Downtown Urban Renewal District"), Locust Street Connector and on the and the continuing needs of redevelopment East by the U.S. Highway 151/61 right - within the Greater Downtown Urban Renewal of -way, including all public rights -of - District are such as to require the continued way. application of the incremental tax resources (d) Upper Main Subarea of the District within the expanded Greater Downtown Urban shall include that area generally Renewal District; and bounded on the North by Fourteenth Whereas, the following enactment is nec- Street, on the West by Locust Street essary to accomplish the objectives described but including City Lots658A, 659, 660, in the premises. and the balance of City Lots 658 (Car - NOW, THEREFORE, BE IT ORDAINED negie-Stout Public Library), on the BY THE CITY COUNCIL OF THE CITY OF South by the northerly boundary of the DUBUQUE, IA., THAT: Town Clock Subarea and on the East Ordinance No. 52-24 is hereby amended to by Central Avenue, and including all read as follows: public rights -of -way. Section 1: For purposes of this Ordinance, (e) Ice Harbor Subarea A of the District the following terms shall have the following shall include that area generally meanings: bounded on the north by the public al - (a) Town Clock Subarea of the District ley located between the vacated Fourth Page 391 of 1311 Book 154 Regular Session, September 3, 2024 305 Street and Third Street, on the west by of City Lot 261; Thence northeasterly the Chicago, Central and Pacific Rail- along the southerly line of the N '/2 of road right-of-way, on the south by East City Lot 261 and extension thereof to a First Street and on the east by the mu- point of intersection with the centerline nicipal limits of the City of Dubuque, IA. of Central Avenue; Thence northwest - and including any adjoining public right- erly along the centerline of Central Av- of-way. enue to a point of intersection of 11 th (f) Ice Harbor Subarea B of the District Street also being point of beginning. shall include that area generally (i) South Main Subarea of the District bounded on the north and west by the shall include that area generally Chicago, Central and Pacific Railroad bounded by the following description: right-of-way, on the south by the nor- Commencing as a point of reference at therly boundary of Subarea A and on a point of intersection of the centerline the east by the municipal limits of the of Locust Street with the Locust Street City of Dubuque including any adjoining Connector in the City of Dubuque, public right-of-way. Dubuque County, IA., said point being (g) Ice Harbor Subarea C of the District the point of beginning; Thence north - shall include Lot 1-2 and Lot 2-2 of Ad- easterly along the centerline of the Lo- ams Company's 4th Addition, and all Gust Street Connector to a point of in - that part of Lot 2-1 of Adams Compa- tersection with the centerline of US ny's 4th Addition lying west of the nor- Highways 52, 61, and 151; Thence therly extension of the westerly line of southeasterly along the centerline of the Balance of Lot 3 of Adams Compa- US Highways 52, 61, and 151 to a ny's 2nd Addition, in the City of Dubu- point of intersection with the centerline que, IA. including any adjoining public of the eastern section of Jones Street right-of-way. extended southwesterly; Thence (h) Warehouse Subarea of the District southwesterly along said extension of shall include that area generally the centerline of the eastern section of bounded by the following description: Jones Street to a point of intersection Commencing as a point of reference at with the centerline of Main Street; the intersection of the centerlines of Thence northwesterly along the center- 11th Street and Central Avenue in the line of Main Street to a point of inter - City of Dubuque, Dubuque County, IA., section with the centerline of Jones said point being the point of beginning; Street; Thence northwesterly along the Thence northeasterly along the center- centerline of Jones Street to a point of line of 11th Street to a point of intersec- intersection with the easterly line of Lot tion with the centerline of White Street; 2D of vacated Shields Street extended Thence northwesterly along the center- northerly; Thence southeasterly along line of White Street to a point of inter- the easterly line of Lot 2D of vacated section with the centerline of 12th Shields Street to the southeasterly cor- Street; Thence northeasterly along the ner of said Lot 2D; Thence southwest - centerline of 12th Street and extension erly along the southerly lines of Lot A thereof to a point of intersection with and Lot 2D of vacated Shields Street the centerline of US Highways 151 and and Lot 1 of 2 of City Lot 543 extended 61; Thence southwesterly along the westerly to a point of intersection with centerline of US Highways 151 and 61 the centerline of Locust Street; Thence to a point of intersection with the cen- northeasterly along the centerline of terline of 4th Street extended; Thence Locust Street to a point of intersection southwesterly along the centerline of with the centerline of the Second Street 4th Street and extension thereof to a Connector, also being the point of be - point of intersection with the centerline ginning. of Central Avenue; Thence northwest- Q) South Port Subarea of the District shall erly along the centerline of Central Av- include that area generally bounded by enue to a point of intersection with the the following description: Beginning at centerline of 9th Street; Thence south- a point of reference at the northwest westerly along the centerline of 9th corner of Lot 2 of AA Cooper Wagon Street to a point of intersection with the Works Block in the City of Dubuque, westerly line of City Lot 259 extended Dubuque County Iowa, said point being southerly; Thence northwesterly along on the southerly right of way line of the westerly line of City Lot 259, and East First Street; Thence southeasterly Lots 1 and 2 of the Subdivision of the along the southerly right of line of East South '/2 of City Lot 261 and City Lot First Street and extension thereof to the 260 to the southwest corner of the N '/2 municipal limits of the City of Dubuque; Page 392 of 1311 Book 154 Regular Session, September 3, 2024 306 Thence southerly along said municipal point of intersection with the westerly limits to a point of intersection with the line of Lot E of vacated Shields Street southern right of way line of Railroad extended southerly; Thence northerly Ave. extended easterly; Thence south- along said westerly line to the north- westerly along said right of way line ex- west corner of said lot E; Thence east - tension there to the southeast corner of erly along the north line of said lot E Lot A, Block 15 Dubuque Harbor Com- and Lot 6 Block 11 of Dubuque Harbor pany's Addition; Thence northwesterly Company's Addition and extension along the easterly line of said Lot A to thereof to the centerline of Main Street; the northerly right of way line of Rail- Thence southeasterly along the center - road Ave., and south line of lot 1 of 5 of line of Main St. to the centerline of Block 27 Dubuque Harbor Company's Dodge Street; Thence easterly along Addition; Thence northwesterly along the centerline of Dodge St to the inter - the westerly lines of lots 1 of 5, 1 of 4, 1 section of Highway 61/151; Thence of 3, 1 of 2 and 1 of 1 of said Block 27 northwesterly along said centerline to a to the south line of lot 4A of said Block point of intersection with the southerly 17; Thence westerly to the easterly right of way line of East First Street; right of way line of vacated Water Thence southeasterly along said right Street; Thence northwesterly along of way line to the point of beginning. said easterly line to the southwesterly (k) Cable Car Subarea of the District corner of lot 2 of said Block 17; Thence shall include that area generally westerly along the extension of the bounded by the following description: southerly line of said Lot 2 to the west- Commencing as a point of reference at erly line of Vacated Water Street; the intersection of the centerlines of Thence northerly along said westerly Second Street and Locust Street in the right of way line to the southerly corner City of Dubuque, Dubuque County, IA., of Lot 2 of Block 18 of Dubuque Harbor said point being the point of beginning; Company's Addition; Thence north- Thence southeasterly along the center - westerly along the westerly line of said line of Locust Street to a point of inter - Lot 2 to a point of intersection with the section with the centerline of First southerly right of way line of vacated Street; Thence southwesterly along the Charter St; Thence southwesterly along centerline of First Street to a point of in - said right of way line and extension tersection with the centerline of Bluff thereof the centerline of South Main Street; Thence northwesterly along the Street; Thence northwesterly along centerline of Bluff Street to a point of in - said centerline to the northerly line of tersection with the centerline of Emmett Lot 5, Block 13 Dubuque Harbor Com- Street; Thence southwesterly along the pany's Addition extended northeasterly; centerline of Emmett Street to a point Thence southwesterly along said line to of intersection with the centerline of St. the easterly line of Lots 7 and 8 of said Mary's Street; Thence northwesterly Block 13; Thence southeasterly along along the centerline of St. Mary's Street the easterly lines of said Lots 7 & 8 and and to a point of intersection with the extension thereof to the centerline of northerly line of Cathedral Center ex - Charter Street; Thence southwesterly tended southwesterly; Thence north - along said centerline to the centerline easterly along the northerly line of Ca - of Salina Street; Thence northwesterly thedral Center to a point of intersection along said centerline to the northerly with the westerly right of way line of line of Lot 1 of Harrison Street Place Bluff Street; Thence northwesterly No. 4 extended northeasterly; Thence along said westerly right of way line of southwesterly along the northerly lines Bluff Street and extension thereof to a of said Lot 1 of Harrison Street Place point of intersection with the centerline No. 4 extended to the westerly right of of Third Street; Thence southwesterly way line of Harrison St.; Thence nor- along the centerline of Third Street to a therly along the easterly line of Lot 3 of point of intersection with the westerly Raymond Baumhover Subdivision to line of Lot 1 of the East 78 ft. of the the northeast corner of said Lot 3, South 100 ft. of Lot 4 of City Lot 692 thence westerly along the northerly line extended southerly; Thence northwest - of said Lot 3 and westerly extension erly along said westerly line to a point thereof to the centerline of relocated of intersection with the southerly line of South Locust St; Thence northerly Fenelon Point Subdivision; Thence along said centerline to the centerline northeasterly along said southerly line of Dodge St; Thence easterly along to a point of intersection with the west - said centerline of Dodge Street to a erly line of Lot 2 of 2 of City Lot Page 393 of 1311 Book 154 Regular Session, September 3, 2024 307 692;Thence northwesterly along said point being the point of beginning; westerly line and westerly line of Lot 1 thence southeasterly along the center - of 2 of City Lot 692 to a point of inter- line of Bluff Street to a point of intersec- section with the southerly right of way tion with the northerly line of the south line of W. Fourth Street; Thence north- 62.5 ft. of the north 64 ft. of City Lot easterly across W. Fourth Street to the 617 extended southeasterly; thence southwest corner of Lot 1 of Evan's southwesterly along said northerly line Place, said point also being on the nor- to the easterly line of Lot 1 of City Lot therly right of way line of W. Fourth 690; thence northwesterly along the Street; Thence northwesterly along the easterly line of said Lot 1 to the north- west line of said Lot 1 to the southeast east corner of said Lot 1; thence corner of Lot 34 of Cooper Heights Ad- southwesterly along the northerly line dition; Thence continuing northwesterly of said Lot 1 to the northwest corner of along the easterly line of Lots 34, 35, said Lot 1; thence southeasterly along 36 and 37 of Cooper Heights Addition the westerly line of said Lot 1 to a point to a point of intersection with the of intersection with northerly right of southerly right of way line of W. Fifth way line of W. Fifth Street; thence Street; Thence northeasterly to a point southwesterly along said right of way of intersection in the centerline of W. line of W. Fifth St. to the southeast cor- Fifth Street approximately 270 feet ner of the South 73' of Lot 13 of Cori - southwesterly of the centerline of Bluff ell's Dubuque; thence northwesterly 73' Street; Thence northwesterly along the along the easterly line of said South 73' centerline of W. Fifth Street to a point of Lot 13 of Coriell's Dubuque to the of intersection with the southerly line of northeast corner of the South 73' of Lot Coriell's Dubuque also being the nor- 13 of Coriell's Dubuque; thence south- therly right of way line of W. Fifth westerly along the northerly line of said Street; Thence northeasterly along said South 73' of Lot 13 of Coriell's Dubu- right of way line of W. Fifth St. to the que to a point of intersection with west- southwest corner of Lot 1 of City Lot erly line of Lot 13 of Coriell's Dubuque; 690;Thence northwesterly along the thence northwesterly along said west - westerly line of said Lot 1 to the north- erly line of Lot 13 to a point of intersec- west corner of said Lot 1;Thence tion with the southerly line of Lot 33 of northeasterly along the northerly line of Coriell's Dubuque; thence northeasterly said Lot 1 to the northeast corner of along said southerly line of Lot 33 to a said Lot 1;Thence southeasterly along point of intersection with the westerly the easterly line of said Lot 1 to a point line of Lot 14 of Coriell's Dubuque' of intersection with the northerly line of thence northwesterly along said west - the south 62.5 ft. of the north 64 ft. of erly line of said Lot 14 to a point of in - City lot 617;Thence northeasterly along tersection with the southerly line of Lot said northerly line and extension there- 34 of Coriell's Dubuque; thence north - of to a point of intersection with the easterly along said southerly line of Lot centerline of Bluff Street; Thence 34 to the easterly line of Coriell's southeasterly along the centerline of Dubuque; thence northwesterly along Bluff Street to a point of intersection said easterly line Lots 34, 35, 36, 37, with the northerly line of the south 10 ft. 38, and 44 of Coriell's Dubuque to the of City Lot 138 extended southwesterly; northwest corner of the North 50' of Lot Thence northeasterly along said nor- 1 of Lot 1 of City Lot 653; thence north- therly line and northerly line of the easterly along the northerly line of said south 10 ft. of the south 34.6 ft. of City North 50' of Lot 1 of Lot 1 of City Lot Lot 103 and extension thereof to a 653 to the southeast corner of Lot 1 of point of intersection with the centerline McKinlay's Subdivision; thence north - of Locust Street; Thence southeasterly westerly along said easterly line of said along the centerline of Locust Street to Lot 1 and extension thereof to a point a point of intersection with the center- of intersection with the centerline of line of Second Street, said point being West Eighth Street; thence northwest - the point of beginning. erly along said centerline of West (1) Bluff Street Subarea of the District Eighth Street to a point of intersection shall include that area generally with the westerly line of Lot 1 of the bounded by the following description: Subd'n. of City Lot 688 and part of City Commencing as a point of reference at Lot 654 extended southerly; thence the intersection of the centerlines of W. northwesterly along said westerly line Sixth Street and Bluff Street in the City of Lot 1 and extension thereof northerly of Dubuque, Dubuque County, IA., said to a point of intersection with the cen- Page 394 of 1311 Book 154 Regular Session, September 3, 2024 308 terline of West Ninth Street; thence Street; thence southwesterly along the southwesterly along the centerline of centerline of W. Eleventh Street to a West Ninth Street to a point of intersec- point of intersection with the centerline tion with the southerly extension of the of Bluff Street; thence southeasterly westerly line of Lot 2 of Lot 12 of Cen- along the centerline of Bluff Street to a tral Addition; thence northwesterly point of intersection with the extension along said westerly right of Lot 2 of Lot of the southerly line of City Lot 658A; 12 to the northwest corner of said Lot; thence northeasterly along the souther - thence northeasterly along the norther- ly line of City Lot 658A extended and ly line of said Lot 2 of Lot 12 to the the southerly line of City Lot 658, ex - northeast corner of said Lot; thence cept the southerly one foot thereof, ex - southeasterly along said easterly line of tended to a point of intersection with said Lot 2 of Lot 12 to the southwest the centerline of Locust Street; thence corner of Lot 1 of Lot 11 of Central Ad- southeasterly along the centerline of dition; thence northeasterly along the Locust Street to a point of intersection southerly line of Lot 1 of Lot 11 and Lot with the centerline of West Ninth Street; 1 of Lot 10 of Central Addition to a thence southwesterly along the center - point of intersection with the westerly line of West Ninth Street to a point of line of Lot 1 of Lot 9 of Central Addition; intersection with the centerline of Bluff thence northwesterly along said west- Street; thence southeasterly along the erly line of Lot 1 of Lot 9 to a point of in- centerline of Bluff Street to a point of in- tersection with the southerly right of tersection with the centerline of West way line of a public alley in Central Ad- Eighth Street; thence northeasterly dition; thence northeasterly along said along the centerline of West Eighth southerly line to a point of intersection Street to a point of intersection with the with the westerly line of Lot 1 of 1 of 10 centerline of Locust Street; thence of Lorimer's Subdivision; thence north- southeasterly along the centerline of westerly along said westerly line of said Locust Street to a point of intersection Lot 1 of 1 of 10 to the northerly line of with the northerly line of City Lot 624 Lorimer's Subdivision; thence north- extended northeasterly; thence south- easterly along the northerly line of Lor- westerly along the northerly line of City imer's Subdivision to the southeast Lot 624 extended southeasterly to the corner of a public alley between Cork- centerline of a public alley; thence ery's Subdivision and City Lot 655; southeasterly along the centerline of a thence northwesterly along the easterly public alley to a point of intersection right of way line of said alley to a point with the centerline of W. Seventh of intersection with West Eleventh Street; thence northeasterly along the Street; thence southwesterly along cen- centerline of W. Seventh Street to a terline of West Eleventh Street to a point of intersection with Locust Street; point of intersection with the centerline thence southeasterly along the center - of Grove Terrace; thence northwesterly line of Locust Street to a point of inter - along centerline of Grove Terrace to a section with West Sixth Street; thence point of intersection with the northerly southwesterly along the centerline of right of way line of Arlington Street; West Sixth Street to a point of intersec- thence northeasterly along the norther- tion with Bluff Street said point being ly right of way line of Arlington Street to the point of beginning. the southeast corner of City Lot 76913; (m) South Bluff Street Subarea of the dis- thence northwesterly along the easterly trict shall include that area generally line of said City Lot 769B to a point of bounded by the following description: intersection with the southerly line of Commencing as a point of reference at Lot 3 of Brown's Subdivision; thence the intersection of the centerlines of southwesterly along the southerly line Emmett Street and Bluff Street in the of said Lot 3 to the southwest corner of City of Dubuque, Dubuque County, IA., said lot; thence northwesterly along the said point being the point of beginning; westerly line of said Lot 3 and exten- thence southeasterly along the center- sion thereof to a point of intersection line of Bluff Street to a point of intersec- with the centerline of Loras Boulevard; tion with the centerline W. First Street; thence northeasterly along said center- thence southwesterly along the center- line to a point of intersection with the line W. First Street to the centerline of centerline of Locust Street; thence Bluff Street; thence southwesterly southeasterly along the centerline of along the centerline of Bluff Street to a Locust Street to a point of intersection point of intersection with the centerline with the centerline of W. Eleventh Dodge Street; thence southwesterly Page 395 of 1311 Book 154 Regular Session, September 3, 2024 309 along the centerline Dodge Street to a Thence northwesterly along said the point of intersection with the easterly easterly right of way line to a point of line of Lot 3 of City Lot 694 extended intersection with the easterly right of southeasterly; thence northwesterly way line of a public alley between D. N. along the easterly line of said Lot 3 of Cooley's Subdivision and Fairview City Lot 694 and Lot 1-1 and 2-1 of City Subdivision; Thence continuing north - Lot 694 to the southwest corner of Lot westerly along said the easterly alley 1-2 of City Lot 694; thence northeaster- line to a point of intersection with the ly along said southerly line of said Lot southerly right of way line of W. 17th 1-2 of City Lot 694 to the southeast Street; Thence northwesterly crossing corner of said Lot; thence northwesterly W. 17th St. to the most easterly corner along said easterly line of Lot 1-2 of of Lot 2-1-1-2 of City Lot 670, said point City Lot 694 to a point of intersection being at the point of intersection of the with the southerly line of Lot 12 of Saint north right of way of W. 17th St. and Raphael's Addition; thence northeaster- westerly right of way line of W. Locust ly along said southerly line of said Lot St.; Thence southwesterly along the 12 and extension thereof to the center- north right of way of W. 17th St. to line of St. Mary's Street; thence north- southeast corner of Lot 1-2-2 of City westerly along the centerline of St. Lot 670; Thence northwesterly along Mary's Street to a point of intersection the easterly lines of Lot 1-2-2 and Lot with the centerline of Emmett St.; 2-2-2 of City Lot 670 to a point of inter - thence northeasterly along the center- section with the southerly right of way line of Emmett St. to centerline of Bluff line of Clark St.; Thence northwesterly Street, said point being point of begin- crossing Clark St. to the southeasterly ning. corner of Welsh Place; Thence north- (n) Kerper Boulevard Subarea of the dis- westerly along the easterly line of said trict shall include the following de- Welsh Place to the northeast corner scribed properties: Lot 1-2, Lot 2-2, Lot thereof; Thence southwesterly along 2A, Lot 3 and Lot 6 all in Kerper Indus- the northerly line of said Welsh Place to trial Park in the City of Dubuque, a point of intersection with the easterly Dubuque County, IA., also including the right of way line of a public alley along entire right of way of Kerper Court and the westerly side of A. L. Bowen's Sub - the westerly portion of Kerper Boule- division; Thence northwesterly along vard right of way from the abutting said easterly right of way line to a point Kerper Court right of way and Lot 3 of of intersection with the southerly right Kerper Industrial Park to the centerline of way line of Angella Street; Thence of Kerper Boulevard. southwesterly along said southerly right (o) Washington Neighborhood Subarea of way line to the northeast corner of of the district shall include that area Lot 12 of Gilliam's Subdivision; Thence generally bounded by the following de- northwesterly crossing Angella St. to scription: Commencing as a point of the most southerly corner of Lot 1 of reference at the intersection of the cen- Gilliam's Subdivision said point being terlines of Central Avenue and Loras on the northerly right of way line of An - Boulevard in the City of Dubuque, gella St.; Thence northwesterly along Dubuque County, IA., said point being the westerly line of said Lot 1 to a point the point of beginning; Thence south- of intersection with the southerly line of westerly along the centerline of Loras Lot 2 of Alvin Haas Place; Thence Boulevard to a point of intersection with southwesterly along the southerly line the westerly line of Lot 3 of Brown's of Lot 1 and Lot 2 of Alvin Haas Place Subdivision extended northerly; Thence and the southerly line of the Westerly northerly to the southwest corner of Lot 40 feet of Lot 3 of Quigley's Subdivision 2-3 of City Lot 667; Thence northwest- of Out Lot 710 to the most easterly cor- erly along the westerly line of said Lot ner of Lot 24 of Quigley's Subdivision 2-3; Thence northeasterly along the of Out Lot 710; Thence westerly along northerly line of said Lot 2-3 to a point the southerly boundary of Lots 4 of intersection with the southeasterly through Lots 15 of Quigley's Subdivi- line of Lot 1-3 of City Lot 667; Thence sion Out Lot 710 and the southerly line northeasterly along the said southeast- of Lots 9A, 10 and 11 of Quigley's erly line to the northeast corner of said Subdivision Out Lot 711 to a point of in - Lot 1-3; Thence southwesterly along tersection with the easterly right of way the northerly line of said Lot 1-3 to a line of Pierce Street; Thence northerly appoint of intersection with the easterly along said easterly right of way line and right of way line of Montrose Terrace; extension thereof to a point of intersec- Page 396 of 1311 Book 154 Regular Session, September 3, 2024 310 tion with the northerly right of way line with the easterly right of way line of of W. Locust Street; Thence easterly Heeb Street lying between Central Av- along said northerly right of way line to enue and Shelby Street; Thence the easterly right of way line of Foye northwesterly along said easterly right Street; Thence northerly along said of way line to a point of intersection easterly right of way line to a point of with the southerly right of way line of intersection with the southerly right of Kaufmann Avenue; Thence easterly way line of a public alley lying between along said southerly right of way line to Almond and W. Locust Sts.; Thence a point of intersection with the southerly easterly along said southerly right of extension of the easterly right of way way line to a point of intersection with line of a public alley lying between Cen- the westerly right of way line of Ellis tral Ave. and Francis Street; Thence Street; Thence southeasterly along northwesterly along said easterly right said westerly right of way line to a point of way line to a point of intersection of intersection with the northerly right of with the southerly right of way line of way line of W. Locust Street; Thence W. 23rd Street; Thence southwesterly southeasterly crossing Ellis St. to a along said southerly right of way line to point of intersection with the easterly the northwest corner of the East One - right of way line of Ellis St. at the Half of Lot 11 of Tivoli Addition; Thence southerly right of way line of Dorgan northwesterly crossing W. 23rd St. to Place; Thence easterly along said the southwesterly corner of Lot 1 of Va- southerly right of way line of Dorgan leria Place No. 2; Thence northwesterly Place to the northeast corner of Lot 1A along the westerly line of said Lot 1 to a of Dorgan's Subdivision No. 2; Thence point of intersection with the southerly easterly crossing Dorgan Place to the line of Lot 2 of said Valeria Sub. No. 2; southwest corner of Lot 5-2 of City Lot Thence southwesterly along the south- 673; Thence northerly along the west- erly line of said Lot 2 to the southwest erly line of said Lot 5-2 to the northwest corner thereof; Thence northwesterly corner thereof; Thence easterly along along the westerly line of said Lot 2 to a the northerly line of said Lot 5-2 to a point of intersection with the southerly point of intersection with the westerly line of Lot 2-1 of Valeria Place; Thence right of way line of Madison Street; northeasterly along said southerly line Thence easterly crossing Madison St. to the southeasterly corner of said Lot to the most westerly corner of Lot A-2-1 2-1; Thence northwesterly along the of City Lot 674, said point being on the easterly line of said Lot 2-1 the north- easterly right of way line of Madison St. east corner thereof, said point also be - Thence easterly along the northerly line ing the southeasterly right of way line of of said Lot A-2-1 to a point of intersec- Carr St.; Thence northwesterly along tion with the easterly right of way line of the easterly right of way line of Carr St. Main Street; Thence northerly along to a point of intersection with the said easterly right of way line to the southerly right of way line of W. 24th northwest corner of Lot 2-1 of City Lot Street; Thence northeasterly along said 674; Thence easterly and continuing southerly right of way line to a point of northeasterly along the northerly lines intersection with the southerly exten- of Lot 2-1, Lot 2-2, Lot 2-1-3, Lot 1-2-3 sion of the easterly right of way line of all of the subdivision of City Lot 674 to Division Street; Thence northwesterly a point of intersection with the westerly along said easterly right of way line to line of Lot 4 of City Lot 674; Thence the northwest corner of Lot 8 of Wull- northwesterly along said westerly line weber's Subdivision; Thence south - to a point of intersection with the westerly along the southerly line of southerly line of Lot 1-1-2 of Duncan's John King's Subdivision to the south - Subdivision; Thence northeasterly west corner of the West 33.98 feet of along said southerly line and southerly Lot 1-6 of John King's Subdivision; line of Lot 1 and Lot 2 of M. A. Reb- Thence northwesterly along the wester- man's Subdivision and extension ly line of the West 33.98 feet of Lot 1-6 thereof to a point of intersection with of John King's Subdivision to the the easterly right of way line of Heeb northwest corner thereof; Thence Street; Thence northwesterly along northeasterly along the northerly line of said easterly right of way line to a point said West 33.98 feet to the southwest of intersection with the northerly right of corner of Lot 1 of the East 329.98 feet way line of Clarke Drive; Thence of Lot 8 of John King's Subdivision; northwesterly along said northerly right Thence northwesterly along the wester - of way line to a point of intersection ly line of said Lot 1 to a point of inter - Page 397 of 1311 Book 154 Regular Session, September 3, 2024 311 section with the southerly line of the line of Lot 1-2 of Kerper Industrial Park NE1/4 of said Lot 8; Thence south- to the northernmost point of Lot 1 of westerly along said southerly line to the Kerper Industrial Park; Thence south- southwest corner of said NE1/4 of Lot westerly along the westerly line of said 8; Thence northwesterly along the Lot 1 to a point of intersection with the westerly lines of the NE1/4 of Lot 8, the northerly right of way line of E. 16th SE1/4 of Lot 10, the NE1/4 Lot 10 and Street; Thence southwesterly along the E1/2 of Lot 12 all in John King's said northerly right of way line to the Subdivision to the northwest corner of easterly right of way line of Pine Street; said E1/2 of Lot 12; Thence northeast- Thence southeasterly crossing E. 16th erly along the northerly line of said E1/2 Street along said easterly right of way of Lot 12 to the southwest corner of Lot of Pine St. extended to a point of inter- 1-1-1 of the E1/2 of Lot 14 in John section with the southerly right of way King's Subdivision; Thence northwest- line of E. 16th St.; Thence southwester- erly along the westerly lines of Lot 1-1- ly along said southerly right of way line 1 of the E1/2 of Lot 14 John King's to a point of intersection with the east - Subdivision to the northwest corner erly right of way line of Elm Street; thereof; Thence northeasterly along the Thence southeasterly along said east - northerly line of said Lot 1-1-1 to a erly right of way line to a point of inter - point of intersection with the westerly section with the northerly right of way right of way line of Central Avenue; line of E. 15th Street; Thence south - Thence northeasterly crossing Central westerly along said northerly right of Avenue to a point of intersection of the way line to a point of intersection with easterly right of way line of Central Av- the westerly right of way line of Elm enue and the northerly right of way line Street; Thence southeasterly along of E. 25th Street; Thence northeasterly said westerly right of way of Elm Street along said northerly right of way line and extension thereof to a point of in - and extension thereof to a point of in- tersection with the centerline of E. 12th tersection with the easterly right of way Street; Thence southwesterly along the line of Elm Street; Thence southeaster- said centerline of E. 12th Street to a ly along said easterly right of way line point of intersection with the centerline to a point of intersection with the nor- of White Street; Thence southeasterly therly right of way line of E. 24th Street; along said centerline of White Street to Thence northeasterly along said nor- a point of interjection with the centerline therly right of way line and extension of E. 11th Street; Thence southwesterly thereof to a point of intersection with along said centerline of E. 11th Street to the easterly right of way line of Windsor a point of intersection with the center - Avenue; Thence southeasterly along line of Central Avenue; Thence north - said easterly right of way line to a point westerly along said centerline of Cen- of intersection with the northerly right of tral Avenue to a point of intersection way line of E. 22nd Street; Thence with the centerline of Loras Boulevard, northeasterly along said northerly right said point being the point of beginning. of way line to a point of intersection (p) Industrial Harbor Subarea of the dis- with the westerly right of way line of trict shall include that area generally Stafford Street; Thence northeasterly bounded by the following description: crossing Stafford Street to a point of in- Commencing as a point of reference at tersection of the easterly right of way the intersection of the centerline of E. line of Stafford Street and the northerly 12th Street and the westerly right of way right of way line of Thomas Place; of Elm Street extended southeasterly, Thence southeasterly along said east- in the City of Dubuque, Dubuque Coun- erly right of way line of Stafford Street ty, IA., said point being the point of be - and extension thereof to a point of in- ginning; Thence northwesterly along tersection with the southerly right of said westerly right of way line of Elm way line of Garfield Avenue; Thence Street and extension thereof to a point southwesterly along said southerly right of intersection with the northerly right of of way line to a point of intersection way line of E. Fifteenth Street; Thence with the centerline of Stafford Street ex- northeasterly along said northerly right tended southeasterly; Thence south- of way line to a point of intersection easterly along the centerline of Stafford with the westerly right of way line of a Street extended to a point of intersec- public alley lying between Pine Street tion with the northwesterly line of Lot 2- and Maple Street; Thence northwester- 2 of Kerper Industrial Park; Thence ly along said westerly right of way line southwesterly along said northwesterly to the northeast corner of the North 35 Page 398 of 1311 Book 154 Regular Session, September 3, 2024 312 feet of Lot 255 in East Dubuque Addi- erly shore of Peosta Channel; Thence tion # 2; Thence southwesterly along southeasterly continuing along the the northwesterly line of said Lot to a westerly shore of Mississippi River ad - point of intersection with the easterly jacent to the following: Kerper Blvd., right of way line of Pine Street; Thence River Front Subdivision No. 2, Part of northwesterly along said easterly right Government Lot 3, Section 19, T89N, of way line and extension thereof to the R3E, 5th P.M., Parts of Congressional northerly right of way line of E. 16th Lot 8 in Section 19, T89N, R3E, 5th Street; Thence northeasterly along said P.M, Dubuque Harbor Improvement northerly right of way line to the south- Company's Addition, and River Front west corner of Lot 1 of Kerper Industrial Subdivision No. 1, to a point of inter - Park; Thence northwesterly and con- section with the northerly line of Ice tinuing northeasterly along the westerly Harbor Urban Renewal Subarea B, de - line of said Lot 1 to the most northerly scribed as "that area generally bound - corner thereof; Thence southwesterly ed on the north and west by the Chica- along the westerly lines of Lot 1-2 and go, Central and Pacific Railroad right - Lot 2A of Kerper Industrial Park to the of -way, on the south by the northerly southwest corner of said Lot 2A; boundary of Subarea A and on the east Thence northeasterly along the south- by the municipal limits of the City of erly line of said Lot 2A to the southeast Dubuque including any adjoining public corner thereof; Thence northwesterly right-of-way; Thence northwesterly and along the easterly line of said Lot 2A to continuing southwesterly along the nor - the southwest corner of Lot 6 of Kerper therly and westerly sides of Ice Harbor Industrial Park; Thence northeasterly Urban Renewal District Subarea B to a along the southerly line of said Lot 6 to point of intersection with the southerly the southeast corner thereof; Thence right of way line of E. 4th street; Thence northwesterly along the easterly line of southwesterly along said southerly right said Lot 6 to the northeast corner of way line to a point of intersection thereof and point of intersection with with the centerline of U.S. Highways the southerly right of way line of Kerper 61/151; Thence northeasterly along Court; Thence northeasterly along said said centerline to a point of intersection southerly right of way line and exten- with the centerline of E. 12th Street; sion thereof to a point of intersection Thence southwesterly along said cen- with the centerline of Kerper Blvd; terline to a point of intersection with the Thence northwesterly along said cen- westerly right of way line of Elm St. ex- terline to a point of intersection with the tended, said point being the point of northerly line of Lot 3 of Kerper Indus- beginning; Excepting therefrom, the trial Park extended easterly; Thence East 7th Street Subarea. northwesterly along said extended line (q) East 7th Street Subarea of the district to the northeast corner of said Lot 3, shall include the following described said point also being on the westerly properties: Block 13 Lot 1 of Lot 4, Lot right of way line of Kerper Blvd.; 1 of Lot 5, Lot 1 of Lot 6, and Lots 7, 8, Thence northerly along said right of 9, 10, 11, 12, 13 and 14; and Block 16 way line to a point of intersection with Lots 1, 2, 3, 4 and 5; and Block 17 Lots the northeasterly right of way line of A, B, C, D, E, F, Lots 1, 2, 3, 4, 5, 6, 7, Fengler St.; Thence southeasterly 8, 9, 10, 11, 12, 13, 14, and 15, Lot 1 of along the extension of said northeaster- Lot 16, Lot 1 of Lot 1 of Lot 17, Lot 2 of ly right of way line crossing Kerper Lot 1 of Lot 18, Lot 2 of Lot 20, Lot 2 of Blvd. to a point of intersection with the Lot 21, Lot 2 of Lot 22, Lot 2 of Lot 23, westerly line of Lot 1A of Block 7 River Lot 2 of Lot 24, Lot 2 of Lot 25, Lot 2 of Front Subdivision No. 3, said point be- Lot 26, Lot 2 of Lot 27, Lot 3 of Lot 28, ing on the easterly right of way line of Lot 3 of Lot 29,Lot 3 of Lot 30, Lot 3 of Kerper Blvd.; Thence southeasterly Lot 31, Lot 3 of Lot 32, all in the Dubu- along said easterly right of way line to a que Harbor Improvement Co.'s Addi- point of intersection with the northerly tion, Township 89 North, Range 3 East right of way line of E. 16th Street; of the 51 P.M., Dubuque County, IA. Thence southeasterly crossing E. 16th and any adjoining public right-of-way. Street to a point of intersection of the (r) Chaplain Schmitt Subarea of the dis- south right of way line of E. 16th St. and trict shall include the following de - the east right of way line of Kerper scribed properties: All of that part of the Blvd.; Thence northeasterly along the City of Dubuque lying easterly of the southerly right of way line of E. 16th St. Peosta Channel also known as Chap - to a point of intersection with the west- lain Schmitt Island and the area lying Page 399 of 1311 Book 154 Regular Session, September 3, 2024 313 east of the easterly right of way line of 3; Thence continuing northeasterly Kerper Boulevard between the center- along the westerly boundary of Block line of U.S. Highway 61/151 and the 18 and Block 17 of River Front Subdivi- southerly right of way line of E. 16t' sion No. 3 to a point of intersection with Street in Sections 17, 18, 19 and 20, the southwesterly corner of Lot 1 of T89N, R3E, 5th P.M. in the City of part of Lot 8 in McCraney's First Addi- Dubuque, Dubuque County, IA.. tion; Thence continuing northeasterly (s) North Kerper Boulevard Subarea of along the westerly lines of Lot 1 of part the district shall include that area gen- of Lot 8, Lot 1 of part of Lot 7, Lot 1 of erally bounded by the following descrip- Lot 2 of part of Lot 6, Lot 1 of part of tion: Commencing as a point of refer- Lot 6, Lot 1 of part of Lot 5, Lot 1 of ence at the point of intersection of the part of Lot 4, Lot 1 of part of Lot 3, Lot centerline of U.S. Highways 61 and 151 1 of part of Lot 2, the East 25 feet of with the easterly right of way line of part of vacated Marshall St., and Lot 2 Kerper Boulevard in the City of Dubu- of Lot 2 of Lot 1 all in McCraney's First que, Dubuque County, IA., said point Addition to the southwest corner of Lot being the point of beginning; Thence 1 of Lot 2 of part of Lot 115 in Ham's northwesterly along the easterly right of Addition; Thence northeasterly along way line of Kerper Boulevard to a point the westerly lines of Lot 1 of Lot 2 of of intersection with the northeasterly part of Lot 115 and Lot 1 of part of Lot right of way line of Fengler Street ex- 114 all in Ham's Addition to the most tended; Thence northwesterly along westerly corner of Lot 1 of Bradley said line crossing Kerper Boulevard Place; Thence northeasterly along the right of way to the southerly most cor- westerly lines of Lot 1 and Lot 2 of ner of Lot 1, Block 19 River Front Sub- Bradley Place to the most westerly cor- division No. 3; Thence southeasterly ner of Lot 1 Block 15 of River Front crossing Fengler Street right of way to Subdivision No. 3; Thence northeaster - the northeast corner of Lot 3 of River Iy along the northwesterly line of said Front Subdivision No. 4, said point be- Lot 1 Block 15 and continuing along the ing a point of intersection of the south- northwesterly line of Lot 2 of said Block westerly right of way line of Fengler 15 to the most westerly corner of Lot 2 Street with the westerly right of way line of In-Futuro Subdivision No. 1; Thence of Kerper Boulevard; Thence continu- continuing northeasterly along the ing southeasterly along said westerly northwesterly line of In-Futuro Subdivi- right of way line of Kerper Boulevard to sion No. 1 and continuing along the the northeast corner of Lot 3 of Kerper northwesterly line of Lots 1 and 2 of Industrial Park; Thence westerly and Reidl Place to the southwest corner of northwesterly along to north line of said Lot 1 of Block 14 of River Front Subdi- Lot 3 to a point of intersection with the vision No. 3; Thence northeasterly westerly line of Kerper Industrial Park; along the northwesterly line of said Thence northeasterly along said west- Block 14 to the most westerly corner of erly line to the northwest corner of Block 13 of River Front Subdivision No. Kerper Industrial Park; Thence south- 3; Thence continuing northeasterly easterly along the northerly line of along the northwesterly line of Blocks Kerper Industrial Park to the southwest 13, 12, 11, 10 and 9 to the northerly corner of Lot 1 of Lot 2 of Lot 20 of most corner of Lot 1 Block 9 River Jaeger's Subdivision, said point being Front Subdivision No. 3; Thence con - on the southeasterly right of way line of tinuing northeasterly along the north- Peosta Street; Thence northeasterly westerly line of Lot 2 and Lot 2A, Block along said right of way line to a point of 9 River Front Subdivision No. 3 to the intersection with the southerly line of northerly most corner of said Lot 2A; Lot 2 of Giese Subdivision; Thence Thence southeasterly along the north - southwesterly along said southerly line easterly line of said Lot 2A to the to the southeast corner of Lot 2 of 19 of northeast corner of said lot; Thence Jaeger's Subdivision; Thence north- southwesterly along the southeasterly easterly along the easterly line of said line of said Lot 2A to the most westerly Lot 2 of 19 to the northeast corner of corner of Lot 178 of Ham's Addition; said Lot 2 of 19, said point also being Thence southeasterly along the south - on the westerly boundary of Block 19 of westerly lines of Lots 178 and 59 of River Front Subdivision No. 3; Thence Hams Addition to the southerly most northeasterly along said westerly corner of said Lot 59, said point also boundary to the northwest corner of being the point of intersection of the Block 18, River Front Subdivision No. northeasterly right of way line of Far - Page 400 of 1311 Book 154 Regular Session, September 3, 2024 314 ragut Street with the northwesterly right Lot 2 of Subdivision of Lot 1 of Lot 1 of way line of Kerper Boulevard; of Lot 1 in Block 1 of "Riverfront Thence northeasterly along said Kerper Subdivision No. 5", in the City of Boulevard right of way line and exten- Dubuque, IA.; and sion thereof to a point of intersection Lot 2 of Subdivision of Lot 1 of Lot 1 with the northeasterly right of way line in Block 1 of "Riverfront Subdivi- of Hawthorne Street; Thence south- sion No. 5", in the City of Dubu- easterly along the northeasterly and que, IA.; and easterly right of way line of Hawthorne Lot 2 of Subdivision of Lot 1 in Street and Hawthorne Street Extension Block 1 of "Riverfront Subdivision to a point of intersection with the No. 5", in the City of Dubuque, southwesterly right of way line of Lake IA.; and Street; Thence southwesterly and Lot 5, in Block 1, in "River Front northwesterly along said right of way Subdivision No. 5" in the City of line of Lake Street to a point of inter- Dubuque, IA.; and section with the southerly right of way Lot 1-2 of Block 2 in River Front line of Harbor Street; Thence south- Subdivision No. 3, in the City of westerly along said Harbor Street right Dubuque, IA. of way line to the northeast corner of (t) Quebecor Subarea of the district shall Lot 1 Block 4 River Front Subdivision include the following described proper - No. 3; Thence southeasterly along the ties: Lot 1 of McGraw-Hill, Key City northeasterly line of said Lot 1 and con- Plating Replat in the City of Dubuque, tinuing along the northeasterly line of Dubuque County, IA., and any adjoin - Lot 1 Block 3 of River Front Subdivision ing public rights of way. No. 3 to the most easterly corner (u) Harrison Street Subarea of the district thereof; Thence southwesterly along shall include the following described the southeasterly line of said Lot 1 properties: Lot 1 and Lot 2 of Harrison Block 3 to the easterly most corner of Street Place No. 2, Lot 1 and Lot 2 of Block 1 of River Front Subdivision No. Harrison Street Place No. 4, and Lot 1 5; Thence southwesterly along the of Harrison Street Place No. 5 all in the southeasterly line of said Block 1 River City of Dubuque, Dubuque County, IA. Front Subdivision No. 5 to the northerly and any adjoining public rights of way. right of way line of Hamilton Street Ex- (v) Holy Ghost Subarea of the district tension; Thence southwesterly crossing shall include the following described Hamilton Street Extension right of way properties: Lot 1 of 1 and 2 of 1 of to the easterly most corner of Lot 2 of 3 Paragon Square in the City of Dubu- of 1 Block 5 River Front Subdivision que, Dubuque County, IA.; and also in - No. 3; Thence continuing southwesterly cluding the public right of way of Cen- along the original easterly boundary tral Avenue abutting thereto; and line of Blocks 5, 6 and 7 of River Front Lot 1, Lot 2, Lot 1 of 3, Lot 2 of 3, and Lot Subdivision No. 3, to the southerly 4 all of "Dunn's Subdivision"; and Lot 2 most corner of Lot 2 of said Block 7, of Lot 1 of Lot 2 of Lot 1 of Lot 18 of said point being the northeast corner of "John King's Dubuque"; in the City of Lake Peosta Subdivision; Thence Dubuque, IA.; and southerly along the easterly line of A part of Central Avenue right of way de - Lake Peosta Subdivision to a point of scribed as follows: intersection with the centerline of U.S. Commencing at the southeasterly corner Highways 61 and 151; Thence south- of Lot 2-1 of Paragon Square; thence westerly along said centerline to a point southeasterly along the westerly right of intersection with the easterly right of of way line of Central Avenue a dis- way line of Kerper Boulevard, said tance of approximately 2,655 feet to the point of being the point of beginning; northeasterly corner of Lot 1 of Lot 1 of Excepting therefrom the Quebecor Lot 1 of the East Half of Lot 14 in John Economic Development District de- King's Dubuque; thence northeasterly scribed as Lot 1 of McGraw-Hill, Key crossing Central Avenue to a point of City Plating Replat in the City of Dubu- intersection with the easterly right of que, Dubuque County, IA., and any ad- way line of Central Avenue and the nor - joining public rights of way. therly right of way line of East 25th Excluding therefrom the following de- Street; thence northwesterly along the scribed properties: easterly right of way line of Central Av- Lots 6, 7, 8, and 9 in Block 1 of enue approximately 2,673 feet to a "River Front Subdivision No. 5" in point of intersection with said easterly the City of Dubuque, IA.; and right of way line and the easterly exten- Page 401 of 1311 Book 154 Regular Session, September 3, 2024 315 sion of the south line of Lot 2-1 of East 27th Street right of way to the Paragon Square; thence southwesterly southwest corner of Lot 210 of Glen - crossing Central Avenue to the Point of dale Addition; thence northwesterly Beginning. along the westerly lines of Lots 210 to (w) Almond Street Subarea of the district 221, inclusive, of Glendale Addition to shall include the following described the southerly right of way of East 28th properties: Commencing at the inter- Street; thence northerly across the section of the easterly right of way of East 28th Street right of way to the Foye Street and the southerly right of southwest corner of Lot 134 of Glen - way line of the public alley lying be- dale Addition No. 2; thence north- tween Almond Street and West Locust westerly along the westerly lines of Street; thence easterly along said Lots 134 to 140, inclusive, of Glen - southerly right of way line to a point of dale Addition No. 2, and Lots 1, 2, intersection with the westerly right of and 3 of Glendale Addition No. 4, and way line of Ellis Street; thence north- Lot 145 Glendale Addition No. 2 to westerly along said westerly right of the southerly right of way line of East way line to the northeast corner of Lot 29th Street; thence northerly across 53 in Cox's Addition; thence northerly the East 29th Street right of way to the along the east line of that part of the southwest corner of Lot 61 of Glen - vacated alley adjacent to Lots 53 and dale Addition; thence northwesterly 54 in Cox's Addition approximately 20 along the westerly lines of Lots 61 to feet to the northeasterly corner thereof; 72, inclusive, of Glendale Addition to thence westerly along the north line of the southerly right of way line of East said vacated alley adjacent to said Lots 30th Street; thence northerly across 53 and 54 approximately 78 feet to the the East 30th Street right of way to the northwest corner thereof; thence to the southeast corner of a Part of southerly along the west line of said Lot 8 of Mineral Lot 322 as shown on vacated alley adjacent to said Lots 53 the Final Plat of Liebe's Subdivision and 54 approximately 20 feet to the No. 3, also being a point on the west- southwest corner thereof and the erly line of Lot 1-2-1 of Becker Place, northeasterly corner of Lot 55 in Cox's also being a point on the northerly addition; thence easterly along the right of way of East 30th Street; north line of Lots 55 thru 66 in Cox's thence southwesterly along the nor - addition to the northwest corner of Lot therly right of way of East 30th Street 66 in Cox's Addition; thence southerly to a point on the easterly right of way along the west line of said Lot 66 to a of Central Avenue; thence southeast - point of intersection with the northerly erly along the easterly right of way line of Lot 11 in Buettel's Subdivision; line of Central Avenue to the northerly thence west along the north line of Lot line of East 25th Street; thence north- 11, Lot 2-10 and Lot 1-10 of Buettel's easterly along the northerly line of Subdivision to a point of intersection East 25th Street to the point of begin - with the easterly right of way line of ning; and Foye Street; thence southerly along Beginning at the intersection of the nor - said easterly right of way line to the therly right of way line of Diagonal Point of Beginning. Street and the westerly right of way (x) North End Subarea of the district shall line of Central Avenue; thence south - include the following described proper- erly along the westerly right of way ties: line of Central Avenue to the north - Beginning at the intersection of the east corner of Lot 1 of Lot 1 of Lot 1 easterly right of way line of Elm Street of the East Half of Lot 14 in John and the northerly right of way line of King's Dubuque; thence southwester - East 25th Street; thence northerly ly along the northerly line of said Lot along the easterly right of way line of 1 of Lot 1 of Lot 1 of the East Half of Elm Street to the southerly right of Lot 14 of John King's Dubuque to the way line of East 26th Street; thence northwest corner thereof, thence northerly across the East 26th Street southeasterly along the west line of right of way to the southwest corner said Lot 1 of Lot 1 of Lot 1 of the East of Lot 283 of Glendale Addition No. 3; Half of Lot 14 of John King's Dubu- thence northwesterly along the west- que to the southwest corner thereof; erly lines of Lots 283 to 294, inclu- thence southwesterly along the sive, of Glendale Addition No. 3 to the southerly line of the East Half of John southerly right of way line of East 27th King's Dubuque to the southwest Street; thence northerly across the corner thereof; thence southeasterly Page 402 of 1311 Book 154 Regular Session, September 3, 2024 316 along the east lines of the West Half Lot 2-1-1-241 & Lot 1-242 of Davis of Lots 12, 10, and Northwest Quarter Farm Addition; and of 8 of John King's Dubuque to the Lot 1-243 of Davis Farm Addition; and southeast corner of the Northwest Lot 1-1-244 of Davis Farm Addition; Quarter of Lot 8 of John King's Dubu- and que; thence northeasterly along the The South 26' of Lot 245 Davis Farm northerly line of Lot 2 of the East Addition; and 329.98' of the Southwest Half of Lot 8 The North 34' of Lot 245 Davis Farm of John King's Dubuque to the north- Addition; and east corner of said lot; thence south- The East 1/2 of Lot 246 Davis Farm easterly along the easterly line of said Addition; and lot to the southeast corner of said lot; The West 1/2 of Lot 246 Davis Farm thence southwesterly along the Addition; and southerly line of said lot to the north- Lot 247 of Davis Farm Addition; and east corner of Lot 2 of Lot 6 of John Lot 248 of Davis Farm Addition; and King's Dubuque; thence southeaster- Lot 249 of Davis Farm Addition; and ly along the easterly lines of Lot 2 of The East 1/2 of Lot 250 of Davis Farm Lot 6 and Lot 3 of Lot 6 of John Addition; and King's Dubuque to the southeast cor- The West 1/2 of Lot 250 of Davis Farm ner of said Lot 3 of Lot 6; thence Addition; and northeasterly along the southerly line Lot 251 and the South 1/2 of Lot 252, of the Lot 6 of John King's Dubuque of Davis Farm Addition; and to the easterly right of way line of Di- Lot 253 and the North 1/2 of Lot 252, of vision Street; thence southeasterly Davis Farm Addition; and along the easterly line of Division Lot 254 of Davis Farm Addition; and Street and its southerly extension to Lot 255 of Davis Farm Addition; and the southerly right of way line of West The South 1/2 of Lot 256 of Davis Farm 24th Street; thence southwesterly Addition; and along the southerly right of way line of The South 31.3' of the North 1/2 of Lot West 24th Street to the easterly right 256 of Davis Farm Addition; and of way line of Carr Street; thence The North 28.7' of the North 1/2 of Lot southeasterly along the easterly right 256 of Davis Farm Addition; and of way line of Carr Street to the east- Lot 257 of Davis Farm Addition; and erly extension of the north line of Lot Lot 258 of Davis Farm Addition; and 2 of Brewery Addition; thence south- Lot 259 of Davis Farm Addition; and westerly along the northerly line of Lot 260 of Davis Farm Addition; and Lot 2 of Brewery Addition to the Lot 261 of Davis Farm Addition; and southeast corner of Lot 6 of Gerald Lot 262 of Davis Farm Addition; and Scherrer Subdivision; thence north- The South 23.5' of The East 112' of Lot westerly along the easterly line of Lot 263 of Davis Farm Addition; and 6 of Gerald Scherrer Subdivision to The East 114' of the North 36'6" of Lot the northeast corner of Lot 6 of Ger- 263 of Davis Farm Addition, and also ald Scherrer Subdivision and a point including the Public Right of Way of on the westerly right of way line of West 28th Street abutting thereto; and Broadway Street; thence northwester- The North 36.5' and South 23.5' of the ly along the westerly right of way line West 114' of Lot 263 of Davis Farm of Broadway Street to the westerly Addition, and also including the Pub - extension of the northerly right of way lic Right of Way of West 28th Street line of Diagonal Street; thence south- abutting thereto; and easterly along said right of way and Lot 2-265 of Davis Farm Addition, and extension to the point of beginning; also including the Public Right of Way and of West 28th Street abutting thereto; Lot 1-239 of Davis Farm Addition and and Lot 1-1-5 of Kiene & Altman's Subdi- Lot 1-265 of Davis Farm Addition, and vision; and also including the Public Right of Way Lots 1-4 & 2-1-5 of Kiene & Altmans of West 28th Street abutting thereto; Subdivision; and and Lot 1-2 And 1-3 of Kiene & Altmans Lot 2-1 of G R West's Addition and Lot Subdivision; and 1-266 of Davis Farm Addition; and Lot 1-1 of Kiene & Altman's Subdivi- Lot 2-1-1 of G R West's Addition; and sion; and Lot 1-1-1 of G R Wests Addition and Lot 1-1-1-241 of Davis Farm Addition; Lot 2-266 of Davis Farm Addition; and and Page 403 of 1311 Book 154 Regular Session, September 3, 2024 317 The South 39'6" of Lot 2 of G R West's of Lot 19 of Finley Waples and Burton Dubuque; and Addition; and The North 20.5' of Lot 2 & and the All that part of the Asbury Road right of South 3' of Lot 3 of G R West's Addi- way lying north of the northerly right tion; and of way line of University Avenue and Lot 2 of the North 57' of Lot 3 of G R lying south of the easterly extension Wests Addition; and of the southerly line of the East 100' Lot 1 of the North 57' of Lot 3 of G R feet of Lot 159 of Finley Addition; and West's Addition; and All that part of the Irving Street right of Lot 4 of G.R. West Addition; and way lying north of the northerly right Lot 2 of Paragon Square; and of way line of University Avenue and Lot 2-3 and 2-4 McDaniel's Park Hill, lying south of the easterly extension and Lots 8 and 1-9 of G.R. West's of the northerly line of Lot 2 of Lot 2 Addition; and of Lot 1 of Lot 1 of lot 1 of Lot 14 of Lot 2-9 of G R West's Addition; and Mineral Lot 172; and Lots 10, the West 310' of the North 65' All that part of the Loras Boulevard of Lot 2 -11, and the South 55' of Lot right of way lying east of the northerly 2-11, all in G R West's Addition; and right of way line of University Avenue Lot 1 of 11 and the East 20' of the and lying west of a line connecting North 65' of Lot 2 of G R West's Addi- the northeast corner of Lot 2-3-13 of tion; and Mineral Lot 172 and the southeast All that part of the Central Avenue right corner of Lot 1-249 of Woodlawn of way lying south of the northerly Park Addition; and right of way line of West 30th Street All that part of the Delhi Street right of and north of the easterly extension of way lying south of the southerly right the northerly line of Lot 1 of 1 of of way line of University Avenue and Paragon Square; and lying north of the southerly extension All that part of the West 30th Street right of the easterly line of Lot 2-1 of of way lying west of the easterly right Schwind's Place; and of way line of Central Avenue. All that part of the North Grandview All in the City of Dubuque, Dubuque Avenue right of way lying south of the County, IA.. easterly extension of the south line of (y) University Avenue Corridor Subarea Lot 7 of Tschirgi and Schwind's Sub - of the district shall include the following division and lying north of the norther - described properties: ly right of way line of University Ave - All that part of the Pennsylvania Ave- nue; and nue right of way lying north of the nor- All that part of the North Grandview therly right of way line of University Avenue right of way lying south of the Avenue and lying south of the nor- southerly right of way line of Universi- therly extension of the westerly line of ty Avenue and lying north of a line Lot 2-1-1-1-1-2-1 of Mineral Lot 256; parallel to and 150' south of the and southerly right of way line of Universi- All that part of the University Avenue ty Avenue; and right of way lying east of the southerly All that part of the McCormick Street extension of the west line of Lot 1- right of way lying south of the south- 137 of Finley Waples and Burton Ad- erly right of way line of University Av- dition, and lying west of the southerly enue and lying north of the easterly extension of the westerly line of Lot 2 extension of the south line of Lot 1 of of Lot 12 of Central Addition; and Herbst's Subdivision; and All that part of the 9th Street right of way Lot 1-137 of Finley Waples & Burton's lying south of the centerline of 9th Addition; and Street, lying east of the southerly ex- Lot 1-136 and 2-137 of Finley Waples tension of the westerly line of Lot 2 of & Burton's Addition; and Lot 12 of Central Addition, and lying Lot 1-232 of Finley Addition; and west of the northerly extension of the Lot 229 of Finley Addition; and westerly line of Lot 1 of the Subdivi- Lot 130 of Finley Waples & Burton's sion of City Lot 688 and Part of City Addition; and Lot 654; and Lot 131 of Finley Waples & Burton's All that part of the Finley Street right of Addition; and way lying south of the southerly right Lot 132 of Finley Waples & Burton's of way line of University Avenue and Addition; and lying north of the westerly extension Lot 133 of Finley Waples & Burton's of the south line of the Northwest 95' Addition; and Page 404 of 1311 Book 154 Regular Session, September 3, 2024 318 The Northwest 95' of Lot 19 of Finley West 1074' of Lot 64 in Littleton and Waples & Burton's Addition; and Sawyer's Addition, lying north of the The North 95' of Lot 18 of Finley northerly right of way of West Locust Waples & Burton's Addition; and Street and lying south of the easterly Lot 17 of Finley Waples & Burton's Ad- extension of the northerly line of Lot dition; and 1of the West 1074' of Lot 64 in Little - The Northwest 25' of Lot 2 of Finley ton and Sawyer's addition; and Addition, and all adjacent Alley right All that part of the Rosedale Avenue of way; and right of way lying south of the south - The Southeast 41' of Lot 2 in Finley erly line of West Locust Street and ly- Addition, and all adjacent Alley right ing north of the easterly extension of of way; and the southerly line of Lot 42 of Wm. Lot 1-1 and 2-1 in Finley Addition, and Blake's Addition; and all adjacent Alley right of way; and All that part of the right of way of the al - Lot 1 of Mineral Lot 170, and all adja- ley lying adjacent to and east of Lot cent Alley right of way; and 2-12B of Wood's Addition, lying south Lot 4, 1-3, 2-3, 2-2 and 1-2, all in Min- of the easterly right of way of eral Lot 170 and all adjacent Alley Rosedale Avenue and lying north of right of way; and the easterly extension of the souther - Lot 5 and Lot 2-6 of Mineral Lot 170; ly line of said Lot 2-12B; and and All that part of the Alta Vista Street right Lot 1-6 and 2-7 of Mineral Lot 170 and of way lying south of Lot 24D of A. P. Lot 2-2-1-1-1-14 of Mineral Lot 172; Wood's Addition and lying north of and the easterly extension of the souther - The West 2' of Lot 1 of the Subdivision ly line of Lot 20 of A. P. Wood's Addi- of Lot 13 of Mineral Lot 172 and Lot tion; and 2-13 of Mineral Lot 172 and Lot 2 All that part of the Williams Street right Mabel's Subdivision; and of way lying east of the easterly right The East 58' of Lot 1 of Lot 13 of Min- of way line of Alta Vista Street and ly- eral Lot 172, and Lot 2 of Lot 3-13 of ing west of westerly right of way line Mineral Lot 172, and Lot 2A of Lot 1- of Blake Street; and 4-13 of Mineral Lot 172; and All that part of the north half of the Lot 2-8 of City Lot 703 and Lot 2-2-9 of Bellevue Street right of way lying east City Lot 703; and of the easterly right of way line of Alta Lot 1 of Herbst's Subdivision; and Vista Street and lying west of the Lot 1-1 and Lot 2-1 of Schwind's Place. westerly right of way line of Blake All in the City of Dubuque, Dubuque Street; and County, IA. All that part of the Blake Street right of (z) West Locust Corridor Subarea of the way lying south of the southerly right district shall include the following de- of way line of West Locust Street and scribed properties: lying north of the westerly extension All that part of the West Locust Street of the centerline of Vacated Bellevue right of way lying east of the southerly Street adjacent to Lot 90 in A. P. extension of the westerly line of Lot 2- Woods Addition; and 1-1-1-1-2 of Clarke College Place and Lot 5 and East 10' of Lot 4 Ellen lying west of the northerly extension Blake's Subdivision; and of the easterly right of way line of The South150' of the West 40' of Lot 4 Pierce Street; and Ellen Blake's Subdivision; and All that part of the Pierce Street right of The North 170' of the West 40' of Lot 4 way lying south of the southerly right Ellen Blake's Subdivision; and of way line of West Locust Street and Lot 3 of Ellen Blake's Subdivision; and lying north of the easterly extension Lot 2 of Ellen Blake's Subdivision; and of Lot 1 of Lot 1 of Connolly's Subdi- Lot 1 of Ellen Blake's Subdivision; and vision; and The East 235' of Lot 64 of Littleton & All that part of the Kirkwood Street right Sawyer's and Lot 2 of Mineral Lot of way lying south of the southerly 93A and the Balance of Lot 2 of Min - right of way line of West Locust Street eral Lot 95; and and lying north of the northerly exten- All of Kingdom Hall Place; and sion of the west line of Lot 5 of Union Lot 1 of the West 1074' of Lot 64 of Lit - Avenue Subdivision; and tleton & Sawyer's Addition; and All that part of the right of way of the al- Lot 2-1-1-1 and Lot 1-2-1-1 of Wm. ley lying adjacent to and east of Blake's Addition, and Lot 2 & Lot 2-1 Kingdom Hall Place and Lot 1 of the of Part of Mineral Lot 184; and Page 405 of 1311 Book 154 Regular Session, September 3, 2024 319 Lot 1-1-1-1 and Lot 2-2-1-1 of Wm. Lot 3-98A of A. P. Wood's Addition; Blake's Addition; and and Lot 2 and Lot 2-1 of Wm. Blake's Addi- Lot 2-98A of A. P. Wood's Addition; tion; and and Lots 1-3 and Lot 2-4 of Wm. Blake's Lot 1-98A of A. P. Wood's Addition; Addition; and and Lot 2-3 and 1-4 of Wm. Blake's Addi- Lots 90 to 98, inclusive, in A. P. Wood's tion; and Addition, and the northerly '/2 of Va- Lots 5 to 19, inclusive, of Wm. Blake's cated Bellevue Street abutting said Addition; and lots 90 to 98, in A.P. Wood's Addition; Lots 2-11, 2-12, and the East 30' of Lot and 2-10 in Southview Heights, also Lots Part of the North '/2 of Vacated Belle- 20, 21 and the East 30' of Lot 22 of vue Street Lying South of McGrath's Wm. Blake's Addition; and Subdivision Southeast'/4 Northeast'/4 The West 70' of Lot 22 of Wm. Blake's Section 23, T89N, R2E in the City of Addition and Lot 2-9 and the West 20' Dubuque; and of Lot 2-10 of Southview Heights; and Part of Vacated Bellevue Street lying Lot 1-23 of Wm. Blake's Addition and between McGrath's Subdivision and Lots 2-2-7 and 1-2-8 of Southview Kirkwood Place in the City of Dubu- Heights; and que; and Lots 2-23 and the East 50'of Lot 24 of Lot 1 and Lot 2-2 of McGrath's Subdivi- Wm. Blake's Addition and Lots 2-6, 1- sion; and 2-7, and 2-2-8 of Southview Heights; Lots 3 and 4 and Lot 1-2, all in and McGrath's Subdivision; and The West 50' of Lot 24 of Wm. Blake's Lot 5 of McGrath's Subdivision; and Addition and Lot 2-5 of Southview Lot 6 of McGrath's Subdivision; and Heights; and Lot 1 of Mineral Lot 95; and Lot 25 of Wm. Blake's Addition; and Lot 9 of McGrath's Subdivision; and Lot 26 Wm. Blake's Addition; and Lots 7 and 8 of McGrath's Subdivision; Lot 27 of Wm. Blake's Addition and Lot and 2-1-1-1-1-2 of Clarke College Place; Lot 10 of McGrath's Subdivision; and and Lots 2 to 5, inclusive, of Union Avenue Lots 29 to 42, inclusive, of Wm. Blake's Subdivision #2; and Addition; and Lot 1 of Union Avenue Subdivision #2 Lot 2 of Lot 43 of Wm. Blake's Addition; and Lot 2 of Mosher's Subdivision; and and Lot 2 of Lot 44 of Wm. Blake's Addition; Lot 1-3, 1-2, and 1-1 of Connolly's and Subdivision, and Lot 1 of Part of City Lot 2 of Lot 45 of Wm. Blake's Addition; Lot 711. and All in the City of Dubuque, Dubuque Lot 2 of Lot 46 of Wm. Blake's Subdivi- County, IA. sion; and (aa) Dubuque Brewing and Malting Sub - Lot 2 of Lot 12B of Wood's Addition; area of the district shall include the fol- and lowing described properties: Lots 20, 21, and 22 of A. P. Wood's Beginning at the intersection of the nor - Addition; and therly right of way line of East 30th Lot 23 of A. P. Wood's Addition; and Street and the westerly right of way Lot 2-24 and 2-24A of A. P. Wood's line of Jackson Street; thence north - Addition; and easterly along the northerly right of Lot 24D of A. P. Wood's Addition; and way line of East 30th Street to the Lot 24C of A. P. Wood's Addition; and southeast corner of a Part of Lot 8 of Lots 24B to 36B, inclusive, of A. P. Mineral Lot 322 as shown on the Fi- Wood's Addition; and nal Plat of Liebe's Subdivision No. 3, Lots 25A to 36A, inclusive, of A. P. also being a point on the westerly line Wood's Addition; and of Lot 1-2-1 of Becker Place, thence The North 40' of Vacated Williams northwesterly along the easterly lines Street in A. P. Wood's Addition; and of Part of Lot 8 and Part of Lot 7 as Lots 25 to 36, inclusive, of A. P. shown on the Final Plat of Liebe's Wood's Addition; and Subdivision, Lot 1-6 of Mineral Lot Lots 6 to 10, inclusive, and the North 322, and Lot 4A of Mineral Lot 322 1/2 and South 1/2 of Lot 5, all of Lot and its northerly extension to a point 98A of A. P. Wood's Addition; and on the northerly right of way line of Lot 4-98A of Wood's Addition; and East 32"d Street; thence southwester - Page 406 of 1311 Book 154 Regular Session, September 3, 2024 320 ly along the northerly right of way line trict shall include the following de - of East 32nd Street to the westerly scribed properties: right of way line of Jackson Street; All that part of the Public Alley right of thence southeasterly along the west- way between Francis Street, Central erly right of way line of Jackson Avenue, Kaufmann Avenue, and Street to the westerly extension of the West 23rd Street lying north of the northerly line of Lot 2 of Liebe's Sub- north right of way line of Kaufmann division No. 2; thence northeasterly Avenue and south of the easterly ex - along said northerly line and westerly tension of the south line of the North extension to the northeast corner of Half of Lot 19 in Tivoli Addition; and said Lot 2; thence southeasterly Lots 4, 5, 6, 7, and 8, all in the Subdivi- along the easterly line of Lots 1 and 2 sion of Lot 20 and the South 1/2 of Lot of Liebe's Subdivision No. 2 to the 19 Tivoli Addition; and southeast corner of Lot 1 of Liebe's Lot 3 of the Subdivision of Lot 20 and Subdivision No. 2; thence southeast- of South 1/2 of Lot 19 Tivoli Addition; erly across Liebe Street right of way and to the northeast corner of Lot 1 of Lot 2 of the Subdivision of Lot 20 and Liebe's Subdivision No. 1; thence of South 1/2 of Lot 19 Tivoli Addition; southeasterly along the easterly lines and of Lots 1 and 2 of Liebe's Subdivision All that part of the Francis Street right No. 1 to the southeast corner of Lot 2 of way lying north of the north right of of Liebe's Subdivision No. 1; thence way line of Kaufmann Avenue and southwesterly along the southerly line south of the easterly extension of the of said Lot 2 and its westerly exten- north line of Lot 2-21 in Tivoli Addi- sion to the westerly right of way of tion; and Jackson Street; thence southeasterly Lot 1-21 Tivoli Addition; and along the westerly right of way of Lot 2-21 Tivoli Addition; and Jackson Street to the point of begin- All that part of the Public Alley right of ning. way adjacent to Lot 38 of Tivoli Addi- (bb) 15th Street Subarea of the district tion lying north of the northerly right of shall include that area generally way line of Kaufmann Avenue and ly- bounded by the following description: ing south of the easterly extension of Beginning at the intersection of the nor- the north line of said Lot 38; and therly right of way line of East 15th Lot 38 Tivoli Addition; and Street and the easterly right of way line Lot 39 Tivoli Addition; and of Elm Street in the City of Dubuque, Lot 1-40 Tivoli Addition; and Dubuque County, IA. All that part of the Valeria Street right of Thence northeasterly along the norther- way lying north of the northerly right ly right of way line of East 15th Street of way line of Kaufmann Avenue and to a point of intersection with the south of the easterly extension of the westerly right of way line of a public north line of Lot 1-1-1-1 in Weland's alley lying between Pine Street and Subdivision; and Maple Street; Thence northwesterly Lot 1-1-1-1 and Lot 2-2-2 Weland's along said westerly right of way line Subdivision; and to the northeast corner of the North Lot 2-1-1 Weland's Subdivision; and 35 feet of Lot 255 in East Dubuque Lot 2-1 and Lot 1-2-2 of Subdivision of Addition # 2; Thence southwesterly Lots 129, 131, 131A & 135A L H along the northwesterly line of said Langworthy's Addition aka Weland's Lot to a point of intersection with the Subdivision; and easterly right of way line of Pine Lot 2-2A & Lot 1-2 Weland's Subdivi- Street; Thence northwesterly along sion; and said easterly right of way line to the Lot 1-2A Weland's Subdivision; and southerly right of way line of E. 16th Lot 3 Weland's Subdivision; and Street; Thence southwesterly along Lot 3A Weland's Subdivision; and said southerly right of way line to a The East 27' of Lot 4 Weland's Subdi- point of intersection with the easterly vision; and right of way line of Elm Street; The West 35' of Lot 4 Weland's Subdi- Thence southeasterly along said vision; and easterly right of way line to a point of Lot 5 Weland's Subdivision; and intersection with the northerly right of Lot 5 of the Subdivision of Lots 3 & 4 of way line of E. 15th Street, said point Lot 135 L H Langworthy's Addition; being the point of beginning. and (cc) Lower Kaufmann Subarea of the dis- All of the Private Driveway known as Page 407 of 1311 Book 154 Regular Session, September 3, 2024 321 Fuller Place Abutting Lots 2, 3, 4 & 5 of the West Part of Lot 1-2-145 L H of the Sub. of Lots 3 & 4 of Lot 135 L Langworthy's Addition; and H Langworthy's Addition East 50'1 Lot 1-1-1-3-145 and 2-2-1-147 and Lot and West 1/2-2 all of Lot 135 LH 2-2-2-147 L H Langworthy's Addition; Langworthy's Addition; and and Lot 2 of the Subdivision of Lots 3 and 4 The East 34' of Lot 1-2-2-147 and the of Lot 135 L H Langworthy's Addition; East 34' of Lot 2-2-1-1-147 L H and Langworthy's Addition; and The Middle 37' of Lot 7 Cushing's Sub- The West 28' of Lot 1-2-2 of 147 L H division; and Lot 3 of the Subdivision Langworthy's Addition; and of Lots 3 and 4 of Lot 135 L H Lang- The West 28' of Lot 2-2-1-1-147 L H worthy's Addition; and Langworthy's Addition; and The North 38' of Lot 7 Cushing's Addi- Lot 2-1-2-147 and Lot 1-2-1-1-147 L H tion; and Lot 4 of the Subdivision of Langworthy's Addition; and Lots 3 and 4 of Lot 135 L H Langwor- The East 1/2 of Lot 1-1-2-147 and Lot thy's Addition; and 2-1-1-1-147 L H Langworthy's Addi- Lot 1 of the Subdivision of Lots 3 and 4 tion; and of Lot 135 L H Langworthy's Addition; Lot 1-1-1-1-147 and the West 1/2 of Lot and 1-1-2-147 L H Langworthy's Addition; The South 60' of Lot 7 Cushing's Sub- and division; and All of Cornelia Place; and Lot 8 and the East 7 1/2' of Lot 9 Cush- Lot 2 of the West 1/2 of Lot 148 L H ing's Subdivision; and Langworthy's Addition; and The West 22 1/2' of Lot 9 and the East Lot 2-1 of the West 1/2 of Lot 148 L H 15' of Lot 10 Cushing's Subdivision; Langworthy's Addition; and and Lot 1-1 of the West 1/2 of Lot 148 L H The West 15' of Lot 10 and the East Langworthy's Addition; and 22'6" of Lot 11 Cushing's Subdivision; All that part of the Valeria Street right of and way lying east of the easterly right of Lot 12 and the West 7 1/2' of Lot 11 way line of Kaufmann Avenue and Cushing's Subdivision; and west of the northerly extension of the Lot 13 Cushing's Subdivision; and easterly line of Lot 1-1 of the West Lot 14 Cushing's Subdivision; and Half of Lot 148 in L H Langworthy's Lot 15 Cushing's Subdivision; and Addition; and Lot 6 C. Klingenberg's 3rd Addition; and Lot 1-149 L H Langworthy's Addition All that part of the Cushing Place right and Lot 2-1-5 and Part of 2-5 of Min - of way lying north of the northerly eral Lot 316; and right of way line of Kaufmann Avenue Lot 2-149 L H Langworthy's Addition; and lying south of the westerly exten- and sion of the north line of Lot 6 in C. The Southerly 50' of the South 100'-Lot Klingenberg's Third Addition; and 151 L H Langworthy's Addition; and Lot 2-141 L H Langworthy's Addition The North 50' of the South 100' of Lot and Lot 4 C. Klingenberg's 3rd Addi- 151 L H Langworthy's Addition; and tion; and The Southerly 61' of the Northerly 71' Lot 2-143 and Lot 2-1-1-1-143 L H of Lot 151 L H Langworthy's Addition; Langworthy's Addition; and and The East'% of Lot 3-143 & Lot 2-2-1-1- The Northerly 10' the Northerly 71' of 143 L H Langworthy's Addition; and Lot 151 and the Southerly 50' of the The West 1/2 of Lot 3-143 L H Lang- Southerly 100' of Lot 155 L H Lang - worthy's Addition; and worthy's Addition; and Lot 4-143 L H Langworthy's Addition; The Northerly 50' of the Southerly 100' and of Lot 155 L H Langworthy's Addition; Lot 5-143, Lot 2-2-1-1-East 3/4-145A, and and Lot 2-2-2-1-1-1-East3/4-145A L Lot 2 of the Subdivision of the South- H Langworthy's Addition; and westerly 100' of the Northwesterly 92' Lot 1 Janice Place on Kaufman Ave- of Lot 155 L H Langworthy's Addition; nue; and and Lot 2 Janice Place on Kaufmann Ave- Lot 1 of the Subdivision of the South- nue; and westerly 100' of the Northwesterly 92' Lot 1-1-West 1/4 of Lot 145A L H of Lot 155 L H Langworthy's Addition; Langworthy's Addition; and and Lot 1 Herbst Place #2; and All that part of the Greenfield Street Lot 2-1-1-3-145 and the South 192.60' right of way lying east of the easterly Page 408 of 1311 Book 154 Regular Session, September 3, 2024 322 right of way line of Kaufmann Avenue Addition; and and lying west of the southerly exten- Lot 1 of Lot 2 of Lots 146 and Lot 146A sion of the westerly line of Lot 1-7 in L H Langworthy's Addition; and Springgreen Subdivision; and Lot 1-1-1-151 Mechanic's Addition; and Lot 6 and Lot 2-7 Springgreen Subdivi- Lot 1 of the Subdivision of Lot 1 of Lots sion; and 146 and Lot 146A in L H Langwor- Lot 5 Springgreen Subdivision; and thy's Addition and Lot 2 of the Subdi- Lot 4 Springgreen Subdivision; and vision of Lot 2 of Lots 146 and Lot Lot 3 Springgreen Subdivision; and 146A L H Langworthy's and Lot 2-of All that part of the Kane Street right of the Subdivision of Lot 1 of Lot 1 of Lot way lying north of the northerly right 151 Mechanics Addition; and of way line of Kaufmann Avenue and Lot 2 of Lot 1 of the Subdivision of Lots lying south of the westerly extension 146 and Lot 146A L H Langworthy's of the north line of Lot 3 in Spring- Addition and Lot 2 of Lot 1 of Lot 151 green Subdivision; and Mechanic's Addition; and Lot 1 Kieffer Place; and Lots 152, 153 and Lot 2-151 Mechan- Lot 2-1 and Lot A of Vogt Place; and ic's Addition; and All that part of the Kaufmann Avenue Lot 154 and the West 42' 4" of Lot 155 right of way lying south and east of Mechanic's Addition; and the southerly extension of the west All of the Public Alley right of way be - line of Lot 2-1 of Vogt Place and lying tween Lots 155 and 156 in Mechan- north and west of the southerly ex- ic's Addition; and tension of the westerly line of Lott of Lot 156 Mechanic's Addition; and Tivoli Addition; and Lot 157, 158 and 159 Mechanic's Addi- Lot 158A L H Langworthy's Addition; tion; and and Lot 9 and Lot 1-10 of Lots 138, 140, Lot 154 L H Langworthy's Addition; and and 142 of L H Langworthy's Addi- Lot 154A L H Langworthy's Addition; tion; and and Lot 1-8 of Lots 138, 140, & 142 L H Lot 2-1-153 L H Langworthy's Addition; Langworthy's Addition; and and The West 20' of Lot 6, the West One Lot 1-1-153 L H Langworthy's Addition; Half of Lot 7 except the East 5 feet and thereof, and Lot 2 of Lot 8, all of the Lot 2-153 and the North 27' of Lot 2-1- Subdivision of Lots 138, 140, and 142 153A L H Langworthy's Addition; and L H Langworthy's Addition; and The South 50' of Lot 2-1-153A L H The East 30' of Lot 7, and the East 5' of Langworthy's Addition; and Lot 6, and Lot 5, all of the Subdivision Lot 2-2-153A L H Langworthy's Addi- of Lots 138, 140, and 142 L H Lang- tion; and worthy's; and Lot 1-2-152 and Lot 1-2-153A L H Lot 4-138, 4-140, and 4-142 L H Lang- Langworthy's Addition; and worthy's Addition; and Lot 1-2-2-152 L H Langworthy's Addi- Lot 3-138, 3-140, and 3-142 L H Lang- tion; and worthy's Addition; and Lot 2-2-2-152 L H Langworthy's Addi- Lot 2-138, 2-140 and 2-142 L H Lang- tion; and worthy's Addition; and The NW 4' of Lot 2 of Lot 150 and Lot Lot 1 of the Subdivision of Lot 1 and 1-152 L H Langworthy's Addition; and the balance of Lot 2 of the Subdivi- The East 88.5' of Lot 2 of the Subdivi- sion of Lot 1, both of the Subdivision sion of Lot 150 L H Langworthy's Ad- of Lots 138, 140 and 142 L H Lang- dition; and worthy's Addition; and Lot 6 of the Subdivision of Lot 150A The North 296' of the West 1/4 of Lot and of Lot 1 of Lot 150 L H Langwor- 136 L H Langworthy's Addition; and thy's Addition; and The South 50' of the West 1/4 of Lot Lot 1-5 of the Subdivision of Lot 150A 136 L H Langworthy's Addition; and and of Lot 1 of Lot 150 L H Langwor- The balance of the Easterly Half of the thy's Addition; and Westerly Half of Lot 136 L H Lang - All that part of the Hempstead Street worthy's Addition; and right of way lying south of the south- Lot 2 of Lot 1, and Lot 2, both of the erly right of way line of Kaufmann Av- East 1/2 of Lot 136 L H Langworthy's enue and lying north of the northerly Addition; and right of way line of Lowell Street; and The balance of Lot 1 of Lot 1 of the Lot 1-1-3-146 and 146A and Lot 1-1-2- East 1/2 of Lot 136 L H Langworthy's 3-146 and 146A of L H Langworthy's Addition; and Page 409 of 1311 Book 154 Regular Session, September 3, 2024 323 The balance of Lot 7 Siege Subdivi- Lot 62 Marsh's Addition; and sion; and Lot 2-1 Siege Subdivision; and The West 1/2 of Lot 6 Siege Subdivi- Lot 1-2-2-3 of the Subdivision of Lots sion; and 146 and 146A L H Langworthy's Ad - The East 1/2 of Lot 6 Siege Subdivi- dition; and sion; and Lots 1-2-150, 1-2-2-150, and 1-150 The West 1/2 of Lot 5 Siege Subdivi- Mechanic's Addition; and sion; and Lot 1 Runde Place; and The East 1/2 of Lot 5 Siege Subdivi- Lot 2 Runde Place; and sion; and All that part of the Napier Street right of Lot 4 Siege Subdivision; and way lying east of the easterly right of Lot 3 Siege Subdivision; and way line of Hempstead Street and ly- Lot 2 Siege Subdivision; and ing west of the northerly extension of Lot 1-1 Siege Subdivision; and the east line of Lot 125 in Mechanic's All that part of the Kleine Street right of Addition; and way lying south of the southerly line Lot 125 Mechanic's Addition; and of Kaufmann Avenue and lying north Lot 124 Mechanic's Addition; and of the easterly extension of the south Lot 123 Mechanic's Addition; and line of Lot 1-2 in Seiges Subdivision; All that part of the Public Alley right of and way between Lots 119, 120, 121, 122 Lot 1-63 Marsh's Addition; and and 123 in Mechanic's Addition lying Lot 2-63 Marsh's Addition; and east of the easterly right of way line of Lots 3-38 and 4-38 Marsh's Addition; Hempstead Street and lying west of and the southerly extension of the east Lot 2-38 Marsh's Addition; and line of Lot 123 in Mechanic's Addition; Lot 1-38 Marsh's Addition; and and All that part of the North Main Street Lot 2-121 and 2-122 Mechanic's Addi- right of way lying south of the south- tion; and erly line of Kaufmann Avenue and ly- Lot 1-121 and 1-122 Mechanic's Addi- ing north of the westerly extension of tion; and the south line of Lot 37 in Marsh's Lots 83 and 84 Pleasant View Addition; Addition; and and Lot 37 Marsh's Addition; and The East 35' of Lot 85 Pleasant View Lot 36 Marsh's Addition; and Addition; and Lot 35 Marsh's Addition; and Lots 80, 81, and 82 Pleasant View Ad - Lot 34 Marsh's Addition; and dition; and Lot 33 Marsh's Addition; and All that part of the Public Alley right of Lot 32 Marsh's Addition; and way between Lots 80, 81, 82, 83, 84, The North 95' of Lot 31 Marsh's Addi- and 85 in Pleasant View Addition ly- tion; and ing west of the westerly right of way The North 95' of Lot 1 Marsh's Addition line of Hempstead Street and lying All that part of the Heeb Street right of east of the northerly extension of the way lying south of the southerly line East 35' of Lot 85 in Pleasant Valley of Kaufmann Avenue and lying north Addition; and of the easterly extension of the Lot 79 and 79A Mechanic's Addition; southerly line of Lot 12 of Marsh's and Addition; and Lot 78 Mechanic's Addition; and The South 40' of Lot 1, the North 5' of Lot 77 Mechanic's Addition; and Lot 2, and the South 40' of Lot 31 Lot 76 Mechanic's Addition; and Marsh's Addition; and Lot 75 Mechanic's Addition; and The South 45' of Lot 2 Marsh's Addi- All that part of the Montcrest Street tion; and right of way lying west of the westerly Lot 3 Marsh's Addition; and right of way line of Hempstead Street Lot 4 Marsh's Addition; and and lying east of the northeasterly ex - Lot 5 Marsh's Addition; and tension of the westerly line of Lot 75 The North 40' of Lot 6 Marsh's Addition; in Mechanic's Addition; and and Lot 1-73 and 1-74 Mechanic's Addition; Lot 12, Lot 11, Lot 10, and the South and 30' of Lot 9, and the East 60' of the Lot 1-2 of the Subdivision of Lot 150A North 20' of Lot 9, and the West 125' and Lot 1-150 L H Langworthy's Addi- of the North 20' of Lot 9, Lot 8, Lot 7 tion; and and the South 10' of Lot 6, all In Lot 1-3 of the Subdivision of Lot 150A Marsh's Addition; and and Lot 1-150 L H Langworthy's Addi- Page 410 of 1311 Book 154 Regular Session, September 3, 2024 324 tion; and vision No. 5" in the City of Dubuque, Lot 1-1 of the Subdivision of Lot 150A IA.. and Lot 1-150 L H Langworthy's Addi- (gg) Hawthorne Street Subarea of the tion; and District shall include the following de - Lot 1-4 of the Subdivision of Lot 150A scribed properties: and Lot 1-150 L H Langworthy's Addi- Hawthorne Street Subarea of the dis- tion. trict shall include the following de- (dd) North Peru Road Subarea of the dis- scribed properties: trict shall include the following de- Lot 1-2 of Block 2 in River Front Subdi- scribed properties: vision No. 3, in the City of Dubuque, Lot 1 of Fountain Hill Resubdivision; IA. and (hh) Locust Street Subarea of the District Lots 2 and 3, and Lot 1 of Lot 1 of Lot shall include the following described 4, Lot 2 of Lot 1 of Lot 2 of Lot 4, and properties: Lot 2 of Lot 2 of Lot 4, all of the Sub- All that part of the east half of the right division of the South West'/4 of Sec- of way of Bluff Street lying between tion 1, Township 89 North, Range 2 the westerly extension of the north East, of the 5th P.M., all in the City of right of way line of Jones Street and Dubuque, IA.; and the westerly extension of the south All that part of the easterly 33' of the right of way line of Jones Street; and right of way of Peru Road lying south All that part of the right of way of Jones of the northerly line of Lot 2 of Lot 2 Street lying east of the east right of of Lot 4 of the Subdivision of the way line of Bluff Street and west of South West'/4 of Section 1, Township the northerly extension of the east 89 North, Range 2 East, of the 5th right of way line of Bissell Lane; and P.M. and its westerly extension, and All that part of the right of way of Bissell lying north of the northerly line of Lane lying south of the south right of Emerald Acres No. 1 and its easterly way line of Jones Street and north of extension; and the westerly extension of the north All that part of the right of way of Peru line of the West 36'2" of the North Road lying south of the northerly line Half of City Lot 574; and of Emerald Acres No. 1 and its east- The Southerly 26 feet of Lot 573, Lot erly extension, and lying north of the 574 "A", the Northerly 1/2 of Lot 574, easterly line of Lot 4A of Mineral Lot except the Westerly 36 feet 2 inches 322 and its northerly extension. thereof, Lot 1 of Lot 575, and Lot 2 of All in the City of Dubuque, IA. Lot 2 of Lot 575, in the City of Dubu- (ee) Stafford Street Subarea of the Dis- que, IA., according to the United trict shall include the following de- States Commissioners' Plat and the scribed properties: recorded Plats thereof; and The Southeasterly 95.53 feet of Lot 17 Lot 2 of the Northerly 21 feet of the and the Southeasterly 95.53 feet of North 1/2 of Lot 572, the South 21 Lot 3 of the Subdivision of Lot 18, feet of the North 1/2 of Lot 572, the both in "Dreibelbis Addition, Dubu- South 21 feet of the North 1/2 of Lot que" in the City of Dubuque, IA., ac- 572, the South 1/2 of Lot 572, and the cording to the recorded Plat thereof Northerly 40 feet of Lot 573, in the All in the City of Dubuque, IA. City of Dubuque, IA., according to the (ff) Roosevelt Street Subarea of the Dis- United States Commissioners' Map trict shall include the following de- thereof. scribed properties: All in the City of Dubuque, IA. Lots 6, 7, 8, and 9 in Block 1 of "River (ii) Amended Project Area shall mean the Front Subdivision No. 5" in the City of areas of the City of Dubuque, IA. in - Dubuque, IA.; and cluded within the Town Clock Subarea, Lot 2 of Subdivision of Lot 1 of Lot 1 of the Old Main Subarea, the Town Clock Lot 1 in Block 1 of "Riverfront Subdi- Expansion Subarea, the Upper Main vision No. 5", in the City of Dubuque, Subarea, the Ice Harbor Subarea A, IA.; and the Ice Harbor Subarea B, the Ice Har- Lot 2 of Subdivision of Lot 1 of Lot 1 in bor Subarea C, the Warehouse Subar- Block 1 of "Riverfront Subdivision No. ea, the South Main Subarea, the South 5", in the City of Dubuque, IA.; and Port Subarea, the Cable Car Subarea, Lot 2 of Subdivision of Lot 1 in Block 1 the Bluff Street Subarea, the South of "Riverfront Subdivision No. 5", in Bluff Street Subarea, the Kerper Boule- the City of Dubuque, IA.; and vard Subarea, the Washington Neigh - Lot 5, in Block 1, in "River Front Subdi- borhood Subarea, the Industrial Harbor Page 411 of 1311 Book 154 Regular Session, September 3, 2024 325 Subarea, the East 7th Street Subarea, ment roll as of January 1 of the calen- the Chaplain Schmitt Subarea, the dar year preceding the effective date of North Kerper Boulevard Subarea but Ordinance No. 23-94. excluding those lots and parcels re- (c) As to the Town Clock Expansion moved by Amended and Restated Ur- Subarea, base period taxes shall be ban Renewal Plan Version 2022.1, the computed in the same manner using Quebecor Subarea, the Harrison Street the total assessed value shown on the Subarea, the Holy Ghost Subarea, the assessment roll as of January 1, 1996, Almond Street Subarea, the North End being the assessment roll as of Janu- Subarea, the University Avenue Corri- ary 1 of the calendar year preceding dor Subarea, the West Locust Corridor the effective date of Ordinance No. 67- Subarea, the Brewing and Malting 97. Subarea, the 151h Street Subarea, the (d) As to the Upper Main Subarea, base Lower Kaufmann Subarea, the North period taxes shall be computed in the Peru Road Subarea, the Stafford Street same manner using the total assessed Subarea, the Roosevelt Street Subar- value shown on the assessment roll as ea, the Hawthorne Street Subarea, and of January 1, 2001, being the assess - the Locust Street Subarea each as de- ment roll as of January 1 of the calen- scribed in this Section. dar year preceding the effective date of (jj) Urban Renewal Plan shall mean the Ordinance No. 26-02. Amended and Restated Urban Renew- (e) As to the Ice Harbor Subarea A, base al Plan for the Greater Downtown Ur- period taxes shall be computed in the ban Renewal District, approved by same manner using the total assessed Resolution No. 278-24 on September value shown on the assessment roll as 3, 2024, as the same may be amended of January 1, 1988, being the assess - from time to time. ment roll as of January 1 of the calen- Section 2: The taxes levied on the taxable dar year preceding the effective date of property in the Amended Project Area, legally Ordinance No. 66-89. described in Section 1 hereof, by and for the (f) As to the Ice Harbor Subarea B, base benefit of the State of Iowa, City of Dubuque, period taxes shall be computed in the County of Dubuque, Dubuque Community same manner using the total assessed School District, and all other taxing districts value shown on the assessment roll as from and after the effective date of this Ordi- of January 1, 1999, being the assess- nance shall be divided as hereinafter in this ment roll as of January 1 of the calen- Ordinance provided. dar year preceding the effective date of Section 3: Taxes. Ordinance No. 97-00. (a) As to the Town Clock Subarea, that (g) As to the Ice Harbor Subarea C, base portion of the taxes which would be period taxes shall be computed in the produced by the rate at which the tax is same manner using the total assessed levied each year by or for each of the value shown on the assessment roll as taxing districts taxing property in the of January 1, 2006, being the assess - Town Clock Subarea upon the total ment roll as of January 1 of the calen- sum of the assessed value of the taxa- dar year preceding the effective date of ble property in the Town Clock Subarea Ordinance No. 20-07. as shown on the assessment roll as of (h) As to the Warehouse Subarea, base January 1, 1966, being the assessment period taxes shall be computed in the roll last equalized prior to the date of same manner using the total assessed the initial adoption of the Urban Re- value shown on the assessment roll as newal Plan for the Downtown Dubuque of January 1, 2006, being the first day Urban Renewal Project, Iowa R-15, of the calendar year preceding the ef- shall be allocated to and when collect- fective date of Ordinance No. 63-07. ed be paid into the fund for the respec- (i) As to the South Main Subarea, base tive taxing district as taxes by or for period taxes shall be computed in the said taxing district into which all other same manner using the total assessed property taxes are paid. The taxes so value shown on the assessment roll as determined shall be referred herein as of January 1, 2006, being the first day the "base period taxes" for such Sub- of the calendar year preceding the ef- area. fective date of Ordinance No. 63-07. (b) As to the Old Main Subarea, base pe- Q) As to the South Port Subarea, base riod taxes shall be computed in the period taxes shall be computed in the same manner using the total assessed same manner using the total assessed value shown on the assessment roll as value shown on the assessment roll as of January 1, 1993, being the assess- of January 1, 2007, being the first day Page 412 of 1311 Book 154 Regular Session, September 3, 2024 326 of the calendar year preceding the ef- 33-11. fective date of Ordinance No. 60-08. (s) As to the North Kerper Boulevard (k) As to the Cable Car Subarea, base Subarea, excluding those lots and par - period taxes shall be computed in the cels removed by Amended and Restat- same manner using the total assessed ed Urban Renewal Plan Version 2022.1 value shown on the assessment roll as now forming the Roosevelt Street Sub - of January 1, 2008, being the first day area, base period taxes shall be com- of the calendar year preceding the ef- puted in the same manner using the to- fective date of Ordinance 58-09. tal assessed value shown on the as- (1) As to the Bluff Street Subarea, base sessment roll as of January 1, 2011, period taxes shall be computed in the being the first day of the calendar year same manner using the total assessed preceding the effective date of Ordi- value shown on the assessment roll as nance 60-12. of January 1, 2009, being the first day (t) As to the Quebecor Subarea, base pe- of the calendar year preceding the ef- riod taxes shall be computed in the fective date of Ordinance 51-10. same manner using the total assessed (m) As to the South Bluff Street Subarea, value shown on the assessment roll as base period taxes shall be computed in of January 1, 2001, being the first day the same manner using the total as- of the calendar year preceding the ef- sessed value shown on the assess- fective date of Ordinance 88-02. ment roll as of January 1, 2010, being (u) As to the Harrison Street Subarea, the first day of the calendar year pre- base period taxes shall be computed in ceding the effective date of Ordinance the same manner, using the total as- 33-11. sessed value shown on the assess- (n) As to the Kerper Boulevard Subarea, ment roll as of January 1, 2011, being base period taxes shall be computed in the first day of the calendar year pre - the same manner using the total as- ceding the effective date of Ordinance sessed value shown on the assess- 60-12. ment roll as of January 1, 1993, being (v) As to the Holy Ghost Subarea, base the first day of the calendar year pre- period taxes shall be computed in the ceding the effective date of Ordinance same manner, using the total assessed 43-94. value shown on the assessment roll as (o) As to the Washington Neighborhood of January 1, 2013, being the first day Subarea, base period taxes shall be of the calendar year preceding the ef- computed in the same manner using fective date of Ordinance 45-14. the total assessed value shown on the (w) As to the Almond Street Subarea, assessment roll as of January 1, 2010, base period taxes shall be computed in being the first day of the calendar year the same manner, using the total as - preceding the effective date of Ordi- sessed value shown on the assess- nance 33-11. ment roll as of January 1, 2013, being (p) As to the Industrial Harbor Subarea, the first day of the calendar year pre - base period taxes shall be computed in ceding the effective date of Ordinance the same manner using the total as- 45-14. sessed value shown on the assess- (x) As to the North End Subarea, base ment roll as of January 1, 2010, being period taxes shall be computed in the the first day of the calendar year pre- same manner, using the total assessed ceding the effective date of Ordinance value shown on the assessment roll as 33-11. of January 1, 2015, being the first day (q) As to the East 7th Street Subarea, of the calendar year preceding the ef- base period taxes shall be computed in fective date of this Ordinance. the same manner using the total as- (y) As to the University Avenue Corridor sessed value shown on the assess- Subarea, base period taxes shall be ment roll as of January 1, 1996, being computed in the same manner, using the first day of the calendar year pre- the total assessed value shown on the ceding the effective date of Ordinance assessment roll as of January 1, 2015, 64-97. being the first day of the calendar year (r) As to the Chaplain Schmitt Subarea, preceding the effective date of this Or - base period taxes shall be computed in dinance. the same manner using the total as- (z) As to the West Locust Corridor Sub- sessed value shown on the assess- area, base period taxes shall be com- ment roll as of January 1, 2010, being puted in the same manner, using the the first day of the calendar year pre- total assessed value shown on the as - ceding the effective date of Ordinance sessment roll as of January 1, 2015, Page 413 of 1311 Book 154 Regular Session, September 3, 2024 327 being the first day of the calendar year ment roll as of January 1, 2024, being preceding the effective date of this Or- the first day of the calendar year pre- dinance. ceding the effective date of this Ordi- (aa) As to the Brewing and Malting Sub- nance 8-22. area, base period taxes shall be com- Section 4: That portion of the taxes each puted in the same manner, using the year in excess of the base period taxes for the total assessed value shown on the as- Amended Project Area, determined for each sessment roll as of January 1, 2007, Subarea thereof as provided in Section 3 of being the first day of the calendar year this Ordinance, shall be allocated to and when preceding the effective date of Ordi- collected be paid into the special tax increment nance 61-08. fund previously established by the City of (bb) As to the 151h Street Subarea, base Dubuque to pay the principal of and interest on period taxes shall be computed in the loans, monies advanced to, or indebtedness, same manner, using the total assessed whether funded, refunded, assumed or other - value shown on the assessment roll as wise, including bonds issued under authority of of January 1, 2016, being the first day Section 403.9 or Section 403.12 of the Code of of the calendar year preceding the ef- Iowa, incurred by the City of Dubuque, IA. to fective date of Ordinance 6-17 and 6- finance or refinance, in whole or in part, urban 17-A. renewal projects undertaken within the (cc) As to the Lower Kaufmann Subarea, Amended Project Area pursuant to the Urban base period taxes shall be computed in Renewal Plan, except that taxes for the regular the same manner, using the total as- and voter -approved physical plant and equip- sessed value shown on the assess- ment levy of a school district imposed pursuant ment roll as of January 1, 2016, being to Section 298.2 of the Code of Iowa and taxes the first day of the calendar year pre- for the instructional support program of a ceding the effective date of Ordinance school district imposed pursuant to Section 26-17. 257.19 (but in each case only to the extent (dd) As to the North Peru Road Subarea, required under Section 403.19(2)), taxes for base period taxes shall be computed in the payment of bonds and interest of each the same manner, using the total as- taxing district, and taxes imposed under Sec- sessed value shown on the assess- tion 346.27(22) related to joint county -city ment roll as of January 1, 2019, being buildings shall be collected against all taxable the first day of the calendar year pre- property within the Amended Project Area ceding the effective date of Ordinance without any limitation as hereinabove provided. 20-20. Section 5: Unless or until the total as- (ee) As to the Stafford Street Subarea, sessed valuation of the taxable property in the base period taxes shall be computed in Subareas of the Amended Project Area ex - the same manner, using the total as- ceeds the total assessed value of the taxable sessed value shown on the assess- property in said Subareas shown by the as- ment roll as of January 1, 2019, being sessment rolls referred to in Section 3 of this the first day of the calendar year pre- Ordinance, all of the taxes levied and collected ceding the effective date of Ordinance upon the taxable property in the Amended 41-20. Project Area shall be paid into the funds for the (ff) As to the Roosevelt Street Subarea, respective taxing districts as taxes by or for the base period taxes shall be computed in taxing districts in the same manner as all other the same manner, using the total as- property taxes. sessed value shown on the assess- Section 6: At such time as the loans, mon- ment roll as of January 1, 2022, being ies advanced, bonds and interest thereon and the first day of the calendar year pre- indebtedness of the City of Dubuque referred ceding the effective date of Ordinance to in Section 4 hereof have been paid, all mon- 8-22. ies thereafter received from taxes upon the (gg) As to the Hawthrone Street Subarea, taxable property in the Amended Project Area base period taxes shall be computed in shall be paid into the funds for the respective the same manner, using the total as- taxing districts in the same manner as taxes sessed value shown on the assess- on all other property. ment roll as of January 1, 2024, being Section 7: All ordinances or parts of ordi- the first day of the calendar year pre- nances in conflict with the provisions of this ceding the effective date of this Ordi- Ordinance are hereby repealed. The provi- nance 53-24. sions of this Ordinance are intended and shall (hh) As to the Locust Street Subarea, be construed so as to continue the division of base period taxes shall be computed in taxes from property within the Amended Pro - the same manner, using the total as- ject Area under the provisions of Section sessed value shown on the assess- 403.19 of the Code of Iowa, as authorized in Page 414 of 1311 Book 154 Regular Session, September 3, 2024 328 Ordinance No. 52-24, as previously amended, and to fully implement the division of taxes in the Hawthorne Street and Locust Street Sub- areas. In the event that any provision of this Ordinance shall be determined to be contrary to law it shall not affect other provisions or application of this Ordinance which shall at all times be construed to fully invoke the provi- sions of Section 403.19 of the Code of Iowa with reference to the Amended Project Area and the territory contained therein. Section 8: This Ordinance shall be in effect after its final passage, approval and publica- tion as provided by law. Passed and approved this 31 day of Sep- tember 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7. Old Mill Road Lift Station and Force Main Project - Phase I Award Construction Contract: Motion by Resnick to receive and file the documents and adopt Resolution No. 281- 24 Awarding Public Improvement Contract for the Old Mill Lift Station and Force Main Project — Phase I. Seconded by Sprank. Motion car- ried 7-0. RESOLUTION NO. 281-24 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE OLD MILL LIFT STATION AND FORCE MAIN PROJECT — PHASE I Whereas, sealed proposals have been submitted by contractors for the Old Mill Lift Station and Force Main Project — Phase I, (the Project) pursuant to Resolution No. 229-24 and Notice to Bidders published on the City of Dubuque, IA. website and plan room service with statewide circulation on the 18th day of July 2024; and Whereas, said sealed proposals were opened and read on the 22nd day of August 2024 and it has been determined that Tricon General Construction, Inc. of Dubuque, IA., in the bid amount of $22,760,000.00, is the low- est responsive, responsible bidder for the Pro- ject. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: That a Public Improvement Contract for the Project is hereby awarded to Tricon General Construction, Inc. and the City Manager is hereby directed to execute a Public Improve- ment Contract on behalf of the City of Dubu- que for the Project. Passed, approved, and adopted this 3rd day of September 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, CMC City Clerk 8. Well No. 7 Rehabilitation Project 2024 - Phase 2 Award Construction Contract: Motion by Jones to receive and file the documents and adopt Resolution No. 282-24 Awarding Public Improvement Construction Contract for the Well No. 7 Rehabilitation Project 2024 — Phase 2. Seconded by Wethal. Motion carried 7-0. RESOLUTION NO. 282-24 AWARDING PUBLIC IMPROVEMENT CON- STRUCTION CONTRACT FOR THE WELL NO. 7 REHABILITATION PROJECT 2024 — PHASE 2 Whereas, sealed proposals have been submitted by contractors for the Well No. 7 Rehabilitation Project 2024 - Phase 2, (the Project) pursuant to Resolution No. 245-24 and Notice to Bidders published on the City of Dubuque, IA. website and plan room service wide circulation on the 6th day of August 2024; and Whereas, said sealed proposal was opened and read on the 22nd day of August 2024 and it has been determined that Peerless Well & Pump of Dubuque, IA. submitted low bid in the amount of $253,434.00, plus Alter- nate A in the amount of $38,552.00, with an hourly rate of $381.00/HR, and is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FO THE CITY OF DUBUQUE, IA. Section 1. That a Public Improvement Construction Contract for the Project is hereby awarded to Peerless Well & Pump and the City Manager is hereby directed to execute a Pub- lic Improvement Construction Contract on be- half of the City of Dubuque for the Project. Passed, adopted and approved this 3rd day of September 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 9. City Council Request Regarding Dogs in Parks: Motion by Jones to receive and file the documents and refer to City Council for dis- cussion on a process related to the City Coun- cil request to consider allowing dogs in the remainder of the parks that currently do not allow it. Seconded by Farber. The City Council emphasized that this is the beginning of the discussion and will focus only on Murphy Park and Eagle Point Park. Council Members con- sidered both the pros and cons of allowing pets in parks and expressed interest in a rec- ommendation from the Parks and Recreation Commission. The Council also encouraged continued public feedback. Motion carried 7-0. 10. Welcome Back from the SRO Bunch Video: Motion by Jones to receive and file the documents and view the video. Seconded by Page 415 of 1311 329 Special Session, September 16, 2024 Book 154 Resnick. Public Information Office staff showed a back -to -school video featuring this year's School Resource Officers. The video can be viewed at https://youtu.be/YuAwG*nr GVk?si=9xrFVC FBWKXIOtD. Motion carried 7-0. COUNCIL MEMBER REPORTS Mayor Cavanagh reported that the City Council recently completed its annual goal - setting session and announced the return of daily commercial air service to Dubuque through Denver Air Connection. Council Member Jones reported on the Branching Out Dubuque tree planting event, the Dubuque Racing Association (DRA) grant recipient reception, the Labor Day Parade, and a video of Iowa State Troopers at the Iowa State Fair. Council Members Roussell and Wethal both reported on the Branching Out Dubuque tree planting event. Council Member Farber reported on her participation in the National League of Cities Information Technology (IT) Committee. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 8:27 p.m. to discuss Confidential Rec- ords, Pending Litigation, Professional Evalua- tion(s), and Purchase or Sale of Real Estate — Chapter 21.5(1)(a),(c),(i),Q) Code of Iowa. Se- conded by Resnick. Mayor Cavanagh stated for the record that the attorneys who will con- sult with City Council on the issues to be dis- cussed in the closed session are City Attorney Brumwell and Senior Counsel Barry Lindahl. Motion carried 7-0. The City Council reconvened in open ses- sion at 10:11 p.m. stating that staff had been given proper direction. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 10:11 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 5:32 p.m. on September 16, 2024, 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 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 and a work session on the new City Council agenda management software. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 5:34 p.m. to discuss Confidential Rec- ords — Chapter 21.5(1)(a) Code of Iowa. Se- conded by Farber. Motion carried 7-0. The City Council reconvened in open ses- sion at 6:05 p.m. stating that staff had been given proper direction. WORK SESSION New City Council Agenda Management Software Demonstration City Clerk Breitfelder demonstrated the public portal for CivicPlus's Agenda and Meet- ing Management Select software, which the City will implement for City Council meeting agendas beginning with the October 7, 2024, City Council meeting. Responding to a ques- tion from the City Council, City Attorney Brumwell stated she would confirm the statute regarding draft notes pertaining to open rec- ords requests. There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:25 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk Page 416 of 1311 330 Regular Session, September 16, 2024 Book 154 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 16, 2024, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 61h Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attorney Brumwell. Mayor Cavanagh read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE 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: Airport Commission of June 6 and August 13, 2024; City Council Proceedings of August 14, 19, 20, 21, 26 and September 3, 2024; Civil Service Commission of August 22, 2024; Community Development Advisory Commission of July 17, 2024; Equity and Human Rights Commission of July 9, 2024; Library Board of Trustees of January 25, February 29, March 28, 2024, Zoning Advisory Commission of August 7, 2024; Proof of Publication for City Council Proceedings of August 14, 2024. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Abby Stick - ley for vehicle damage. Upon motion the doc- uments 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: Abby Stickley for vehicle damage. Upon motion the documents were received, filed, and concurred. 4. Approval of City Expenditures: Upon motion the documents were received and filed, and Resolution No. 283-24 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. 283-24 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 generally accepted internal control procedures and have been determined to have been req- uisitioned for a lawful municipal purpose; and Whereas, the Chief Financial Officer -City Treasurer has provided a list of Expenditures attached hereto, and by this reference made a part hereof, to be drawn to pay for goods and services provided for City purposes; and Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142-18 adopted May 7, 2018, authorized the Chief Financial Officer -City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. 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 Financial Officer are hereby authorized and directed to provide the statement of receipts and disbursements to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 16th day of September 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. FFY 2025 Iowa Governor's Traffic Safe- ty Bureau (GTSB) Grant Funds: City Manager recommended City Council approval to receive $19,500 in IFFY 2025 as a recipient of Iowa Page 417 of 1311 Book 154 Regular Session, September 16, 2024 331 Department of Public Safety, Governor's Traf- fic Safety Bureau Grant funds. Upon motion the documents were received, filed, and ap- proved. 6. Resolution Approving the Termination Agreement for the January 2023 Development Agreement by and between the City of Dubu- que, IA. and McCoy Group: Upon motion the documents were received and filed, and Reso- lution No. 284-24 Approving the Termination Agreement and Release terminating the De- velopment Agreement by and between the City of Dubuque, IA. and McCoy Group, Inc. was adopted. RESOLUTION NO. 284-24 APPROVING THE TERMINATION AGREE- MENT AND RELEASE TERMINATING THE DEVELOPMENT AGREEMENT BY AND BE- TWEEN THE CITY OF DUBUQUE, IA. AND MCCOY GROUP, INC. Whereas, the City of Dubuque, IA. (City) and McCoy Group, Inc. (Developer) entered into a Development Agreement dated for ref- erence purposes the 3rd day of January 2023 (the January 2023 Development Agreement) for the construction of a new headquarters by Developer on Twin Valley Drive on Develop- er's property, legally described as follows: TRACT I (PIN 1501401003) Lot 2 of Lot 3 of Lot 3 of Southpark Ad- dition No. 1, in the City of Dubuque, IA., according to the recorded plat thereof, subject to easements of record TRACT II (PIN 1501401005) Lot 2 of Southpark Addition No. 2, in the City of Dubuque, IA., according to the recorded plat thereof, subject to easements of record TRACT III (PIN 1501402003) Lot 2 of Southpark Addition No.1, in the City of Dubuque, IA., according to the recorded plat thereof, subject to ease- ments of record (the "Property") TRACT IV (PIN 1501401004) Lot 1 of Southpark Addition No. 2, in the City of Dubuque, IA., according to the recorded plat thereof, subject to easement of record TRACT V (PINS 1501328002 and 1501328003) Lots 1 and 2 of Gudenkauf Place, City of Dubuque, IA.; and Whereas, Developer has identified a sepa- rate site that better accommodates its needs for continued growth in the City of Dubuque; and Whereas, Developer no longer intends to develop the new headquarters on Developer's property on Twin Valley Drive and has instead entered into a new Development Agreement for Developer's property in the South Port; and Whereas, City and Developer now desire to terminate the January 2023 Development Agreement on the terms and conditions set forth in this Termination Agreement and Re- lease, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. THAT: Section 1. The Termination Agreement and Release Between the City of Dubuque, IA. and McCoy Group, Inc. attached hereto is hereby approved. Section 2. The Mayor is hereby authorized and directed to sign the Termination Agree- ment and Release on behalf of the City of Dubuque. Section 3. The City Manager is authorized to take such actions as are necessary to com- ply with the terms of the Termination Agree- ment and Release as herein approved. Passed, approved, and adopted this 16th day of September 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7. HHH Enterprises, LLC Lease Renewal: Upon motion the documents were received and filed, and Resolution No. 285-24 Intent to dispose of an interest in owned by the City of Dubuque by Lease between the City of Dubu- que and HHH Enterprises, LLC was adopted. RESOLUTION NO. 285-24 INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY OWNED BY THE CITY OF DUBUQUE BY LEASE BETWEEN THE CITY OF DUBUQUE AND HHH ENTERPRISES, LLC. Whereas, the City of Dubuque, IA. (City) owns a portion of the sidewalk adjacent to the southwestern boundary of West 1st Street and connecting to the real property at 180 Main Street in the City of Dubuque, IA. (the Proper- ty); and Whereas, City and HHH Enterprises, LLC. have negotiated a Lease Agreement for HHH Enterprises, LLC. to operate and maintain a restaurant deck and beer garden at 180 Main Street, a copy of which Lease Agreement is on file at the office of the City Clerk, City Hall, 50 West 15th Street, Dubuque, IA.; and Whereas, City and HHH Enterprises, LLC. Have negotiated to continue the annual rent increase based on the Cost of Living (COL) adjustment, or 3%, whichever is greater; and Whereas, the City Council believes it is in the best interests of the City of Dubuque to approve the Lease Agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Page 418 of 1311 Book 154 Regular Session, September 16, 2024 332 Section 1. The City of Dubuque intends to dispose of its interest in the Property by Lease Agreement between City and HHH Enterpris- es, LLC. Section 2. The Mayor is authorized and di- rected to execute said Lease Agreement on behalf of the City of Dubuque. Passed, approved and adopted this 16th day of September 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 8. Acceptance of a Grant of Easement for Public Utilities over CC15, LLC Property at 1502 Bies Drive, Dubuque, IA.: Upon motion the documents were received and filed, and Resolution No. 286-24 Accepting a Grant of Easement for Public Utilities Through, Over and Across Part of Lot 1 of Roger F. & Kath- leen A. Klauer Family Place, in the City of Dubuque, IA. was adopted. RESOLUTION NO. 286-24 ACCEPTING A GRANT OF EASEMENT FOR PUBLIC UTILITIES THROUGH, OVER AND ACROSS PART OF LOT 1 OF ROGER F. & KATHLEEN A. KLAUER FAMILY PLACE, IN THE CITY OF DUBUQUE, IA. Whereas, CC15, LLC has executed a Grant of Easement for Public Utilities through, over and across part of Lot 1 of Roger F. & Kath- leen A. Klauer Family Place, in the City of Dubuque, IA. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The City Council of the City of Dubuque, IA., hereby approves of, accepts and consents to the Grant of Easement for Public Utilities through, over, and across part of Lot 1 of Roger F. & Kathleen A. Klauer Fam- ily Place, in the City of Dubuque, IA., as shown on the Grant of Easement for Public Utilities, from CC15, LLC, a copy of which is attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Section 3. The City Clerk is hereby 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 16th day of September 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 9. Acceptance of a Grant of Easement for Public Utilities over Schreiber Property at 1562 Kebbie Drive, Dubuque, IA.: Upon motion the documents were received and filed, and Reso- lution No. 287-24 Accepting a Grant of Ease- ment for Public Utilities through, over and across Part of Lot 2 of Schreiber Subdivision, in the City of Dubuque, IA. was adopted. RESOLUTION NO. 287-24 ACCEPTING A GRANT OF EASEMENT FOR PUBLIC UTILITIES THROUGH, OVER AND ACROSS PART OF LOT 2 OF SCHREIBER SUBDIVISION, IN THE CITY OF DUBUQUE, IA. Whereas, James E. Schreiber and Renee E. Schreiber have executed a Grant of Ease- ment for Public Utilities through, over and across part of Part of Lot 2 of Schreiber Subdi- vision, in the City of Dubuque, IA. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The City Council of the City of Dubuque, IA., hereby approves of, accepts and consents to the Grant of Easement for Public Utilities through, over, and across Part of Lot 2 of Schreiber Subdivision, in the City of Dubuque, IA., as shown on the Grant of Easement for Public Utilities, from James E. Schreiber and Renee E. Schreiber, a copy of which is attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Section 3. The City Clerk is hereby 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 16th day of September 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 10. U.S. Hwy 20 and Devon Drive Front- age Road Project - Acceptance of Public Im- provement Construction Contract - Project No. 5521000051: Upon motion the documents were received and filed, and Resolution No. 288-24 Accepting the U.S. Hwy 20 and Devon Drive Frontage Road Project and authorizing final payment to the contractor was adopted. RESOLUTION NO. 288-24 ACCEPTING THE U.S. HWY 20 AND DEVON DRIVE FRONTAGE ROAD PROJECT AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the U.S. Hwy 20 and Devon Drive Frontage Road Project., (the Project) has been complet- ed by the Contractor, Midwest Concrete, Inc of Peosta, IA (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 $15,320.61; and Page 419 of 1311 Book 154 Regular Session, September 16, 2024 333 Whereas, the Contractor has previously been paid $13,960.61, leaving a balance of $1,360.00; 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, IA.: Section 1. The recommendation of the City Engineer is approved, and the Project is here- by accepted. Section 2. The Finance Director is hereby directed to pay the Contractor for the balance of the retainage of $1,360.00 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 161h day of September 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 11. Iowa Department of Transportation Storm Sewer and Intake Work Project Notifica- tion: Correspondence from Jesse Tibodeau, Assistant District Engineer with the Iowa De- partment of Transportation, notifying the City Council of storm sewer and intake work on US-20 East bound near the Middle Catfish Creek and Railroad Bridge. Upon motion the documents were received and filed. 12. Authorization to Submit FY24/PY23 Community Development Block Grant CAPER: Upon motion the documents were received and filed, and Resolution No. 289-24 Authoriz- ing the submission of a Consolidated Annual Performance and Evaluation Report (CAPER) for the period commencing July 1, 2023, and concluding June 30, 2024, was adopted. RESOLUTION NO. 289-24 AUTHORIZING THE SUBMISSION OF A CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) FOR THE PERIOD COMMENCING JULY 1, 2023, AND CONCLUDING JUNE 30, 2024 Whereas, the City of Dubuque, IA., 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, 2023 and concluding June 30, 2024; 2) pub- lished notice of availability of the CAPER in the Telegraph Herald and City of Dubuque website on August 20, 2024 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 4, 2024. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the Consolidated Annual Performance and Evaluation Report (CAPER) for the period commencing July 1, 2023, and concluding June 30, 2024, is hereby approved for submission upon the completion of the Public Hearing held on September 4, 2024. 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, IA. Section 3. That the City Manager is hereby authorized to direct staff to submit the Consol- idated Annual Performance and Evaluation Report (CAPER) along with any public com- ment to the U.S. Department of Housing and Urban Development. Passed, approved, and adopted this 16th day of September 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 13. Intent to Apply for Local Housing Trust Fund Grant 2025: Upon motion the documents were received and filed, and Resolution No. 290-24 Authorizing submittal of the application for Local Housing Trust Funds to the Iowa Finance Authority was adopted. RESOLUTION NO. 290-24 AUTHORIZING SUBMITTAL OF THE AP- PLICATION FOR OF LOCAL HOUSING TRUST FUNDS TO THE IOWA FINANCE AUTHORITY 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, to apply for funds from the Iowa Finance Authority for Local Housing Trust Fund for their Fiscal Year 2025; and Whereas, the Local Housing Trust Fund Advisory Committee held a public hearing for the application on September 12, 2024, and such application was approved by the Commit- tee for submittal. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA., THAT: Section 1. That the Housing and Communi- ty Development Director and the City Manager are hereby authorized to submit the application Page 420 of 1311 Book 154 Regular Session, September 16, 2024 334 for Local Housing Trust Funds to the Iowa Finance Authority. Passed, approved and adopted this 16th day of September 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 14. Nature Everywhere Accelerator Com- munity Application: City Manager shared the application that was filed for the Nature Eve- rywhere Accelerator Community after City Council approved the letter of support and appointment of a city representative at the September 3, 2024, City Council meeting. Up- on motion the documents were received and filed. 15. Acceptance of the Comiskey Park — Phase 1 Redevelopment Project: Upon motion the documents were received and filed, and Resolution No. 291-24 Accepting Public Im- provement Contract for the Comiskey Park — Phase 1 Redevelopment Project was adopted. RESOLUTION NO. 291-24 ACCEPTING PUBLIC IMPROVEMENT CON- TRACT FOR THE COMISKEY PARK — PHASE 1 REDEVELOPMENT PROJECT Whereas, the public improvement contract for the Comiskey Park — Phase 1 Redevelop- ment Project has been completed by the Con- tractor, Portzen Construction, Dubuque, IA. The Leisure Services Director has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount is $2,011,101.26 of which retainage in the amount $5,250 is being held for 30 days after acceptance and approval, and paid at that time provided no claims from others are filed; and Whereas, the City Council finds that the recommendation of the Leisure Services Di- rector should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. THAT: Section 1. The recommendation of the Lei- sure Services Director is approved, and the Project is hereby accepted. Section 2. The Chief Financial Officer is di- rected to pay to the Contractor the balance of the final payment of $5,250.00 as provided in Iowa Code chapter 573.13 Passed, approved, and adopted this 16th day of September 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 16. Improvement Contracts / Performance, Payment, and Maintenance Bonds: Top Grade Excavating, Inc. for the E 24th Street Sit Contaminated Soil Removal Project. Upon motion the documents were received, filed, and approved. 17. 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. 292-24 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. 292-24 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, IA. (City) and ITC Midwest, LLC (ITC Midwest) have tentatively entered into an Agreement for the operation 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 approve the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The attached 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 16th day of September 2024. 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. 293-24 Approv- ing applications for retail alcohol licenses, as required by City of Dubuque Code of Ordi- nances Title 4 Business and License Regula- tions, Chapter 2 Liquor Control, Article B Liq- uor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 293-24 APPROVING APPLICATIONS FOR RETAIL ALCOHOL LICENSES, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANC- ES 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 Page 421 of 1311 Book 154 Regular Session, September 16, 2024 335 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 re- quirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. 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 Betty Jane Candies, 1785 John F. Kennedy Rd. Renewals 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 Restaurant, 2515-1 NW Arterial First Reserve, 210 West 1st St. Grand Tap The, 802 Central Ave. Red Robin America's Gourmet Burgers & Spir- its, 2775 NW Arterial Southend Tap, 55 Locust St. The Copper Kettle Inc., 2987 Jackson St. Special Event(s) per Special Event Application Submittal, Provisional Issuances Aladdin Campus Dining — UD Football Games 9-4-24 to 9-8-24, 9-19-24 to 9-23-24, 10-5- 24 to 10-9-24, 10-26-24 to 10-30-24, 11-9-24 to 11-13-24, LID Tent area and front parking lot between West Street and McCormick Street Extension Dubuque Jaycees - Millwork Night Market — 9- 8-24 to 9-12-24, East 7th to 9th & Jackson St plus East 8th to Elm Street Dubuque Jaycees — Octoberfest — 9-10-24 to 9-14-24, 10th Street from Jackson to Elm & Washington Street midway between East 11 th and East 9t' Streets Q Casino - Dubuque Fighting Saints Opening 9-3-24 to 9-7-24, 1855 Greyhound Park Rd. - Parking Lot Adding A Privilege Stone Cliff Winery - Adding Catering, 600 Star Brewery Dr. Passed, approved, and adopted this 16th day of September 2024. 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. Iowa Amphitheater on Schmitt Island Project - Bid Package No. 1 (Site Demolition & Mass Grading) - Initiate Public Bidding Pro- cess and Setting Date for Public Hearing: Up- on motion the documents were received and filed and Resolution No. 294-24 Iowa Amphi- theater on Schmitt Island Project — Bid Pack- age No. 1 (Site Demolition & Mass Grading): 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 October 7, 2024 in the Historic Federal Building. RESOLUTION NO. 294-24 IOWA AMPHITHEATER ON SCHMITT IS- LAND PROJECT — BID PACKAGE NO. 1 (SITE DEMOLITION & MASS GRADING), PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECI- FICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The proposed plans, specifica- tions, form of contract and estimated cost for the Iowa Amphitheater on Schmitt Island Pro- ject — Bid Package No. 1 (Site Demolition & Mass Grading) in the estimated construction amount of $1,018,000.00, are hereby prelimi- narily approved and ordered filed in the office of the City Clerk for public inspection. Section 2. A public hearing will be held on the 7th day of October, 2024, at 6:30 p.m. in the Historic Federal Building Council Cham- bers (and/or by virtual means) 350 W. 6th Street, Dubuque, IA., at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, IA., which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or esti- mated cost of the Project. Section 3. The Iowa Amphitheater on Schmitt Island Project — Bid Package No. 1 Page 422 of 1311 Book 154 Regular Session, September 16, 2024 336 (Site Demolition & Mass Grading) is hereby ordered to be advertised for bids for construc- tion. Section 4. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. Section 5. The City Engineer is hereby 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 contrac- tor plan room service with statewide circula- tion, which notice shall be published not less than thirteen but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 10th day of October 2024. 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 21st day of Oc- tober 2024, in the Historic Federal Building Council Chambers (and/or by virtual means) 350 West 6th Street, Dubuque, IA. Passed, adopted and approved this the 16th day of September 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Proceedings to Set Public Hearing for the Issuance of Not to Exceed $22,000,000 Sewer Revenue Capital Loan Notes (State Revolving Loan Fund Program) Old Mill Rd. Lift Station and Force Main Project — Phase I: Upon motion the documents were received and filed and Resolution No. 295-24 Resolu- tion to fix a date for a public hearing on pro- posal to enter into a Sewer Revenue Loan and Disbursement Agreement and to borrow mon- ey thereunder in a principal amount not to ex- ceed $22,000,000 was adopted setting a pub- lic hearing for a meeting to commence at 6:30 p.m. on October 7, 2024 in the Historic Federal Building. RESOLUTION NO. 295-24 RESOLUTION TO FIX A DATE FOR A PUB- LIC HEARING ON PROPOSAL TO ENTER INTO A SEWER REVENUE LOAN AND DIS- BURSEMENT AGREEMENT AND TO BOR- ROW MONEY THEREUNDER IN A PRINCI- PAL AMOUNT NOT TO EXCEED $22,000,000 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 establishment; 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 attached outstanding debt certificate, and a portion of such prior sewer revenue debt re- mains outstanding (the "Outstanding Indebt- edness"); 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 $22,000,000, pursuant to the provi- sions of Section 384.24A of the Code of Iowa, for the purpose of paying the cost, to that ex- tent, of planning, designing and constructing 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, IA., AS FOLLOWS: Section 1. This City Council shall meet on October 7, 2024, at 6:30 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 proceedings will be instituted and action taken to enter into the Agreement. Section 2. The City Clerk is hereby di- rected to give notice of the proposed action on the Agreement setting forth the amount and purpose thereof, the time when and place where the said meeting will be held, by publi- cation 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 circulation in the City. The notice shall be in substantially 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 $22,000,000, (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 Resolu- tion 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, Page 423 of 1311 Book 154 Regular Session, September 16, 2024 337 or (iv) expenditures constituting preliminary expenditures as defined in Section 1.150- 2(f)(2) of the Regulations, no expenditures for the Project have heretofore been made by the City and no expenditures will be made by the City until after the date of this Resolution or a prior intent resolution of the City, and (c) that the City reasonably 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, approved, and adopted this 16th day of September 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Resolution of Necessity for the Pro- posed Amended and Restated Urban Renewal Plan for the North Cascade Road Housing Urban Renewal Area, Version 2024.1: Upon motion the documents were received and filed and Resolution No. 296-24 Resolution of ne- cessity finding that certain property in and near the North Cascade Road Urban Renewal Area is an Economic Development Area and that the development of said area is necessary in the intertest of the residents of the City of Dubuque, IA., and setting a date for a hearing on a proposed amended and restated urban renewal plan for said area was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on October 21, 2024 in the Historic Federal Building. RESOLUTION NO. 296-24 RESOLUTION OF NECESSITY FINDING THAT CERTAIN PROPRETY IN AND NEAR THE NORTH CASCADE ROAD URBAN RE- NEWAL AREA IS AN ECONOMIC DEVEL- OPMENT AREA AND THAT THE DEVEL- OPMENT OF SAID AREA IS NECESSARY IN THE INTERTEST OF THE RESIDENTS OF THE CITY OF DUBUQUE, IA., AND SETTING A DATE FOR A HEARING ON A PROPOSED AMENDED AND RESTATED URBAN RE- NEWAL PLAN FOR SAID AREA Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 380- 15, adopted November 2, 2015, as amended, approved the Urban Renewal Plan (the "Urban Renewal Plan") for the North Cascade Road Housing Urban Renewal Area (the "Area") in order to 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, City staff has recommended that the Urban Renewal Plan be amended to add additional areas and current project details, including the construction of expanded water infrastructure to better serve the Area; and Whereas, the City Council has determined that the area described in Attachments A and B to this Resolution meets the definition of an economic development area as defined in Chapter 403 "Urban Renewal' of the Iowa Code, and staff has advised that all required consents from Dubuque County and the own- ers of any agricultural land have been ob- tained; and Whereas, a significant need for housing units exists in the community and local re- sources are needed to advance the develop- ment; and Whereas, Iowa Code Chapter 403 requires that before urban renewal authority may be exercised, a 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, IA. THAT: Section 1. That the area generally de- scribed in Attachment A and B to this Resolu- tion is an economic development area as de- fined by Chapter 403 of the Iowa Code and is appropriate for an urban renewal project and public improvements related to housing and residential development. Section 2. That the further development of the amended North Cascade Road Housing Urban Renewal Area is necessary and appro- priate to facilitate the proper growth and de- velopment of the community in accordance with sound planning and local community ob- jectives. Section 3. That the development of this ar- ea will provide 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 Amended and Restated Urban Renewal Plan for the North Cascade Road Housing Urban Renewal Area 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 Amended and Restated Urban Re- newal Plan for the North Cascade Road Hous- ing Urban Renewal Area to be held on the 21It day of October, 2024, at 6:30 p.m. in the His- toric Federal Building in Dubuque, IA., 350 W. 6th Street, Dubuque, IA. and that said notice shall generally identify the area covered by the Page 424 of 1311 Book 154 Regular Session, September 16, 2024 338 Plan and the general scope of the Urban Re- newal Plan activities planned for such area. Section 6. That the Economic Develop- ment Director is further directed to send by ordinary mail a copy of said Plan and notice of public hearing to the Dubuque Community School District, and the County Board of Su- pervisors, as the affected taxing entities. Passed, approved, and adopted this 16'h day of September 2024. 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. 1. Civic Center Advisory Commission: One, 3-Year term through June 29, 2027 (Expired term of Jacobs). Applicant: Danielle Jacobs, 3130 Shiras Ave. 2. Community Development Advisory Commission: One, 3-Year term through Feb- ruary 15, 2026 (Vacant At -Large term of Moz- ena) and one, 3-Year term through February 15, 2027 (Vacant Low to Moderate Income Representative term of Woodyard). Applicants: Gabriel Mozena, 196 Bluff St. (Qualifies for Low to Moderate Income Representative and At -Large) and Julie Woodyard, 1950 Coates St. (Qualities for At -Large). PUBLIC HEARINGS 1. Request to Rezone 27 Locust Street: 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 Wethal. Planning Ser- vices Director Wally Wernimont provided a staff report. Applicant Josh Jansen, 11368 Rock Grove Ct., spoke in support of the rezon- ing and gave a brief overview of the proposed apartment project. City Clerk Breitfelder stated that written input was received by Ken Lin, 1103.5 Iowa St. In response to City Council questions, Mr. Wernimont outlined the separa- tion requirements for existing billboards. He noted that the adjacent parking lot, zoned C-3, is owned by both the City and the Iowa De- partment of Transportation, and will be utilized for upcoming improvements to the Julien Dubuque Bridge. Nearby property owned by Mr. Lin is in a mixed -use area. City Council Members expressed support for the project, emphasizing the need for more housing and noting its key location as the first impression for motorists entering Iowa. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 54-24 Amending Title 16 of the City of Dubuque Code of Ordi- nances, Unified Development Code, by reclas- sifying hereinafter described property located at 27 Locust Street (PIN 1025426011 and 1025426022) from C-3 General Commercial District to C-4 Downtown Commercial District. Seconded by Wethal. Motion carried 7-0. ORDINANCE NO. 54-24 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLAS- SIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 27 LOCUST STREET (PIN 1025426011 AND 1025426022) FROM C-3 GENERAL COMMERCIAL DIS- TRICT TO C-4 DOWNTOWN COMMERCIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code, is hereby amended by reclassi- fying the hereinafter —described property from C-3 General Commercial District to C-4 Down- town Commercial District, to wit: South '/2 of City Lot 574, Lots 2-2 of Lot 575, and Lot 1 of Lot 575 and to the centerline of the adjoining public right- of-way, all in the City of Dubuque, IA. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, IA. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved and adopted this 16'h day of September, 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Request to Rezone 1090 Radford Road: 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 Sprank. Mr. Wernimont provided a staff report. In response to a coun- cil question, Mr. Wernimont explained that current policy requires four members of the Zoning Advisory Commission (ZAC) for a quorum. While four members attended the recent meeting, one abstained from voting due to a conflict of interest. He noted that policy allows a simple majority vote from members present who do not have conflicts of interest. Page 425 of 1311 Book 154 Regular Session, September 16, 2024 339 Mr. Wernimont also emphasized that the ZAC makes recommendations, but the City Council is the approving body responsible for policy decisions. Motion carried 7-0. Motion by Roussell for final consideration and passage of Ordinance No. 55-24 Amend- ing Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 1090 Radford Road (per exhibit a) from CS Commercial Service District to R-3 Moderate Density Multi- Family Residential District. Seconded by Sprank. Motion carried 7-0. ORDINANCE NO. 55-24 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLAS- SIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1090 RADFORD ROAD (PER EXHIBIT A) FROM CS COM- MERCIAL SERVICE DISTRICT TO R-3 MODERATE DENSITY MULTI -FAMILY RES- IDENTIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code, is hereby amended by reclassi- fying the hereinafter —described property from CS Commercial Service District to R-3 Moder- ate Density Multi -Family Residential District, to wit: Per Exhibit A, all in the City of Dubuque, IA. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, IA. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved and adopted this 161h day of September, 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Request to Rezone 1142 University Av- enue: 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. Mr. Werni- mont provided a staff report. Motion carried 7- 0. Motion by Jones for final consideration and passage of Ordinance No. 56-24 Amending Title 16 of the City of Dubuque Code of Ordi- nances, Unified Development Code, by reclas- sifying hereinafter described property located at 1142 University Avenue from C-2 Neighbor- hood Shopping Center District to R 2 Two - Family Residential District. Seconded by Far- ber. Motion carried 7-0. ORDINANCE NO. 56-24 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLAS- SIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1142 UNIVERSI- TY AVENUE FROM C-2 NEIGHBORHOOD SHOPPING CENTER DISTRICT TO R-2 TWO-FAMILY RESIDENTIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code, is hereby amended by reclassi- fying the hereinafter —described property from C-2 Neighborhood Shopping Center District to R-2 Two -Family Residential District, to wit: Lot 57 and Parcel B of Lot 2 of Lot 56 in S.M. Langworthy's Addition, and to the centerline of the adjoining public right-of- way, all in the City of Dubuque, IA. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, IA. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved and adopted this 16'h day of September, 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Proposed Development Agreement be- tween the City of Dubuque, IA. and Kinseth Hospitality Company, Inc.: Motion by Resnick to receive and file the documents and adopt Resolution No. 297-24 Approving disposal of an interest in real property owned by the City of Dubuque by sale through a Development Agreement with Kinseth Hospitality Company, Inc. Seconded by Jones. Ben Kinseth, Execu- tive Vice President of Kinseth Hospitality Company, Inc., briefly summarized the project and its potential benefits to the community. City Council Members voiced support for the project, highlighting the need for more hotels to support tourism and its convenient location near the Mississippi River and downtown at- tractions. Motion carried 7-0. RESOLUTION NO. 297-24 APPROVING DISPOSAL OF AN INTEREST IN REAL PROPERTY OWNED BY THE CITY OF DUBUQUE BY SALE THROUGH A DE- VELOPMENT AGREEMENT WITH KINSETH HOSPITALITY COMPANY, INC. Page 426 of 1311 Book 154 Regular Session, September 16, 2024 340 Whereas, the City Council of Dubuque, IA., did on September 3, 2024, 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, IA., 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, Kinseth Hospitality Company, Inc. has 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 property hereinafter described, to wit LOT 2 RIVERWALK 9T" ADDITION ("the Property"), which Development Agreement proposes Kinseth Hospitality Company, Inc. will undertake the construction of a building located on the Property as described therein, which Property is the real estate consisting of approximately 2 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 in- terests in the Property and the City Clerk pub- lished a notice on August 15, 2024, as re- quired by law soliciting competitive proposals for the Property; and Whereas, as of 10:00 a.m. on September 16, 2024, the City Clerk received no competi- tive 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 Kinseth Hospitality Company, Inc. and the sale of the Property as provided in the Devel- opment Agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: 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 considera- tion 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 Kinseth Hospitality Company, Inc. including the sale of the Prop- erty 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 September 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Community Development Block Grant FY24 Annual Action Plan Amendment #1 Pub- lic Hearing: Motion by Roussell to receive and file the documents and adopt Resolution No. 298-24 Adopting the Fiscal Year 2025 (Pro- gram Year 2024) Community Development Block Grant (CDBG) Annual Action Plan Amendment #1. Seconded by Wethal. Motion carried 7-0. RESOLUTION NO. 298-24 ADOPTING THE FISCAL YEAR 2025 (PRO- GRAM YEAR 2024) COMMUNITY DEVEL- OPMENT 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 2025 (Program Year 2024) Community Development Block Grant Annual Action Plan for inclusion in the City Budget addressing housing and non -housing needs in the community; and Whereas, the Community Development Advisory Commission reviewed the first amendment to the Fiscal Year 2025 (Program Year 2024) 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, IA.: Section 1. That the Community Develop- ment Block Grant Fiscal Year 2025 (Program Year 2024) Annual Action Plan Amendment #1, attached hereto and by this reference made a part hereof, is hereby approved. Section 2. The City Manager or his design- ee of the City of Dubuque is hereby authorized to directed staff to prepare and submit to the United States Department of Housing and Ur- ban Development the Fiscal Year 2025 (Pro- gram Year 2024) 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 16th day of September 2024. Brad M. Cavanagh, Mayor Page 427 of 1311 Book 154 Regular Session, September 16, 2024 341 Attest: Adrienne Breitfelder, City Clerk 6. Vacating of a portion of a Storm Water Detention Basin Access Easement across a Part of Lot 2 of Cedar Ridge Farm Place # 10, in the City of Dubuque, IA., common address 3100 Cedar Crest Ridge: Motion by Resnick to receive and file the documents and adopt Resolution No. 299-24 Disposing of property by vacating city interest in a portion of a Storm Water Detention Basin Access Easement through, over, and across part of Lot 2 of Ce- dar Ridge Farm Place # 10, in the City of Dubuque, IA.. Seconded by Sprank. Motion carried 7-0. RESOLUTION NO. 299-24 DISPOSING OF PROPERTY BY VACATING CITY INTEREST IN A PORTION OF A STORM WATER DETENTION BASIN AC- CESS EASEMENT THROUGH, OVER, AND ACROSS PART OF LOT 2 OF CEDAR RIDGE FARM PLACE # 10, IN THE CITY OF DUBUQUE, IA. Whereas, the City Council, by Resolution No. 276-24, dated the 3rd day of September 2024, declared its intent to dispose of City interest in utility easements on real property, legally described as: Part of Lot 2 of Cedar Ridge Farm Place # 10, in the City of Dubuque, IA., according to the recorded plat thereof (the Property); and Whereas, the City of Dubuque and Drake House South, LLC have agreed to relocate the existing storm water detention basin access easement thru Lot 2 of Cedar Ridge Farm Place # 10, in the City of Dubuque, IA. in order to accommodate the proposed commercial development on said lot; and Whereas, Drake House South, LLC has executed the newly located Storm Water De- tention Basin Access Easement through, over, and across Part of Lot 2 of Cedar Ridge Farm Place # 10, in the City of Dubuque, IA., which by Resolution 235-24 was accepted by the City of Dubuque and recorded as Instrument Number 2024-7239 in the Dubuque County Recorder's Office; and Whereas, the City now needs to vacate a portion of the original Storm Water Detention Basin Access Easement through, over, and across Lot 2 of Cedar Ridge Farm Place # 10, in the City of Dubuque, IA. originally created on the Final Plat of Cedar Ridge Farm Place No. 4 recorded as Instrument Number 12997- 01 in the Dubuque County Recorder's Office; and Whereas, pursuant to published notice, a public hearing was held on the proposed dis- position on the 16t'' day of September 2024 at 6:30 p.m. in the Historic Federal Building, 350 W. 6t' Street, Dubuque, IA.; and Whereas, it is the determination of the City Council that City interest in a portion of the original Storm Water Detention Basin Access Easement through, over, and across Lot 2 of Cedar Ridge Farm Place # 10, in the City of Dubuque, IA., originally created on the Final Plat of Cedar Ridge Farm Place No. 4 record- ed as Instrument Number 12997-01 in the Dubuque County Recorder's Office, as shown on the attached Exhibit 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, IA. Section 1. The City hereby vacates all in- terest in a portion of the original Storm Water Detention Basin Access Easement through, over, and across Lot 2 of Cedar Ridge Farm Place # 10, in the City of Dubuque, IA. original- ly created on the Final Plat of Cedar Ridge Farm Place No. 4 recorded as Instrument Number 12997-01 in the Dubuque County Recorder's Office, as shown on the attached 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 16th day of September 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7. Public Hearing - State Revolving Fund (SRF) Loan - Environmental Review Bipartisan Infrastructure Law State Revolving Fund (SRF) Private Lead Service Line Replacement Pilot Program: Motion by Wethal to receive and file the documents and adopt Resolution No. 300- 24 State Revolving Fund (SRF) Loan - Envi- ronmental Review Private Lead Service Line Replacement Pilot Program: Approval of an Environmental Review as provided by SRF's Department of Natural Resources for the Pri- vate Lead Service Line Replacement Pilot Program. Seconded by Sprank. In response to City Council questions, Water Department Director Chris Lester explained that the pro- gram revision expands the eligibility area, as the initial timeframe did not reach the maxi- mum of 585 properties. He added that city staff sent letters to eligible residences based on census tract data to notify them of their qualifi- cation for the program. Motion carried 7-0. RESOLUTION NO. 300-24 STATE REVOLVING FUND (SRF) LOAN - ENVIRONMENTAL REVIEW PRIVATE LEAD SERVICE LINE REPLACEMENT PILOT PROGRAM: APPROVAL OF AN ENVIRON- MENTAL REVIEW AS PROVIDED BY SRF'S DEPARTMENT OF NATURAL RESOURCES FOR THE PRIVATE LEAD SERVICE LINE Page 428 of 1311 Book 154 Regular Session, September 16, 2024 342 REPLACEMENT PILOT PROGRAM Whereas, the City of Dubuque is pursuing an engineered solution to reduce the number of private lead service lines in the City of Dubuque through an Iowa, State Revolving Fund assisted pilot program; and Whereas, as part of the SRF loan process, the City is required to complete an environ- mental review through the public hearing pro- cess; and Whereas, public notification of the hearing was advertised on August 9, 2024, a minimum of 30 days prior to the public hearing per SRF IDNR requirements; and Whereas, a public hearing was held on the 16t" day of September 2024 at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubuque, IA., at which time interested persons appeared and heard for or against the proposed environmen- tal review of said Project; and Whereas, a discussion was held on the environmental impacts of said project; and Whereas, a transcript of the public hearing and a summary of public comments will be available for public review. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The environmental review as provided by SRF's Department of Natural Re- sources for the Private Lead Service Line Re- placement Pilot Program, is hereby approved, and staff is directed to submit the required executed documentation to SRF, Iowa De- partment of Resources. Passed, adopted, and approved this 16th day of September 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 8. Water Department Operations SCADA System Upgrade Project - Public Hearing: Mo- tion by Jones to receive and file the docu- ments and adopt Resolution No. 301-24 Ap- proval of plans, specifications, form of con- tract, and estimated cost for the Water De- partment Operations SCADA System Upgrade Project. Seconded by Resnick. In response to a council question, Mr. Lester explained that the current system is outdated, and the new system will improve efficiency. City Council Members expressed enthusiasm for the mod- ernization. Motion carried 7-0. RESOLUTION NO. 301-24 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE WATER DEPARTMENT OPERATIONS SCADA SYSTEM UPGRADE PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The plans, specifications, form of contract and estimated cost for the Water Department Operations SCADA System Up- grade Project in the amount of $2,158,000, are hereby approved. Passed, adopted and approved this 16th day of September 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk PUBLIC INPUT Diane Heiken, Susan Cerwin, and Diane Pile, all of 1865 Radford Rd., spoke about a bed bug infestation in their apartment complex and expressed concerns over city policy that limits involvement to units with a confirmed infestation. They advocated for a policy change that would allow the city to address the entire apartment complex to resolve the issue. ACTION ITEMS 1. National Policewoman Day Photo: Mo- tion by Roussell to receive and file the docu- ments. Seconded by Jones. Police Chief Jer- emy Jensen shared a photo of the women of the Dubuque Police Department in recognition of National Police Woman Day on September 12. Police Officer Kim Hoover spoke about Dubuque hosting the Iowa Association of Women Police Conference in March of 2026. Assistant City Manager Cori Burbach stated that Officer Hoover is co-chair of the recently created Women Rising Together Employee Resource Group. City Council Members praised the leadership of female police officers and emphasized the importance of further ex- panding the presence of women in the field. Motion carried 7-0. 2. Keymont Drive Pavement Rehabilitation Project - Award Public Improvement Contract - Project No. 5521000018: Motion by Farber to receive and file the documents and adopt Resolution No. 302-24 Awarding Public Im- provement Contract for the Keymont Drive Pavement Rehabilitation Project. Seconded by Sprank. Responding to a council question, Assistant City Engineer Bob Schisel stated that all contractors bid on the same project specifications. City Council Members ex- pressed gratitude to Keymont Drive residents for their patience with the project's initiation. Motion carried 7-0. RESOLUTION NO. 302-24 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE KEYMONT DRIVE PAVE- MENT REHABILITATION PROJECT Whereas, sealed proposals have been submitted by contractors for the Keymont Page 429 of 1311 Book 154 Regular Session, September 16, 2024 343 Drive Pavement Rehabilitation Project, (the Project) pursuant to Resolution No. 258-24 and Notice to Bidders published on the City of Dubuque, IA. website and plan room service with statewide circulation on the 26t' day of August 2024; and Whereas, said sealed proposals were opened and read on the loth day of August 2024 and it has been determined that Eastern Iowa Excavating & Concrete LLC of Cascade, Iowa, submitted low bid in the amount of $142,733.36, and is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That a Public Improvement Con- tract for the Project is hereby awarded to Eastern Iowa Excavating & Concrete LLC and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, adopted and approved this 16th day of September 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Approval of Sublease and Operations Agreement with Dubuque Forward LLC: Mo- tion by Resnick to receive and file the docu- ments and adopt Resolution No. 303-24 Ap- proving a Sublease and Operations Agree- ment between the City of Dubuque, IA. and Dubuque Forward LLC. Seconded by Sprank. In response to City Council questions, City Manager Van Milligen explained that the City will sub -lease the park from Dubuque Forward LLC. While the City will handle park mainte- nance, Dubuque Forward LLC will cover all associated costs. The park, named 897 Cen- tral Park, had the City Council's preferences incorporated into its lease terms. City Attorney Brumwell cited Chapter 670 of the Iowa Code concerning city liability. City Council Members praised the park and advised that the City should be involved early in future private pro- jects seeking to collaborate with the City. Mo- tion carried 7-0. RESOLUTION NO. 303-24 APPROVING A SUBLEASE AND OPERA- TIONS AGREEMENT BETWEEN THE CITY OF DUBUQUE, IA. AND DUBUQUE FOR- WARD LLC Whereas, Dubuque Forward LLC has leased from Molo Oil Company Lots 257 and 258 in the City of Dubuque (897 Central Ave- nue); and Whereas, the City of Dubuque desires to sublease said premised to maintain and oper- ate this area as a public park; and Whereas, it is the determination of the City Council that approval of the sublease and op- erations agreement, according to the terms and conditions set out in the 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, IA. THAT: Section 1. The Sublease and Operations Agreement by and between the City of Dubu- que and Dubuque Forward LLC for the sub- lease of the privately developed park will now become a public park through this agreement to be maintained by the City of Dubuque, a copy attached hereto, is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute the Sublease and Op- erations Agreement on behalf of the City of Dubuque. Section 3. That the City Manager is author- ized to take such actions as are necessary to comply with the terms of the Sublease and Operations Agreement as herein approved. Passed, approved, and adopted this 16th day of September 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Request to Amend City Ordinance on Speed Limit Reduction - Peru Road from Roo- sevelt Street to City Limits: 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. City Council Members expressed support for the speed limit reduction to 35 miles per hour on Peru Road from Roosevelt Street to City Limits (Tanzanite Drive). Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 57-24 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 7 Opera- tion, Division 5 Speed Restrictions, Section 9- 7-321.285 Limits Generally. Seconded by Sprank. Motion carried 7-0. ORDINANCE NO. 57-24 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHICLES AND TRAFFIC, CHAPTER 7 OPERATION, DIVISION 5 SPEED RESTRICTIONS, SEC- TION 9-7-321.285 LIMITS GENERALLY NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. Section 9-7-321.285 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 9-7-321.285: LIMITS GENERALLY: C. When signs are erected giving notice thereof, the following shall be the lawful Page 430 of 1311 Book 154 Regular Session, September 16, 2024 344 speed on the streets or portions thereof ord that the attorneys who will consult with City designated herein: Council on the issues to be discussed in the .... closed session are City Attorney Brumwell and Thirty-five (35) miles per hour: Assistant City Attorney Jason Lehman. Motion .... carried 7-0. Peru Road, Sheridan Road to northerly city limits. The City Council reconvened in open ses- sion at 9:21 p.m. stating that staff had been Section 2. This ordinance shall take effect given proper direction. upon publication. Passed, approved, and adopted this 16th ADJOURNMENT day of September 2024. Brad Cavanagh, Mayor There being no further business, Mayor Attest: Adrienne Breitfelder, City Clerk Cavanagh declared the meeting adjourned at 9:21 p.m. 5. Greater Dubuque Development Corpo- ration Request to Convert Format of Quarterly /s/Adrienne N. Breitfelder, CIVIC, City Clerk Updates to Work Sessions: Motion by Sprank to receive and file the documents and refer to council. Seconded by Roussell. City Council Members expressed support for converting the format of Greater Dubuque Development Cor- poration's quarterly updates to City Council work sessions. The first Greater Dubuque De- velopment Corporation Quarterly Update Work Session will occur at 6:00 p.m. on October 21, 2024. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Roussell reported on vol- unteering at the Dubuque Farmer's Market and AmeriCorps 30th anniversary celebration. Council Member Sprank reported on the Dubuque Area Labor Harvest food giveaway, the Blocktoberfest event, the Dubuque Ok- toberfest event, and Alpine Mobile Home Park recently forming a neighborhood association. Council Member Wethal reported on the Boards and Commissions annual picnic and Outside the Lines Art Gallery's Great Draw Street Art Competition. Council Member Jones also reported on the Boards and Commissions picnic. Council Member Farber reported on the Boards and Commissions picnic and the rib- bon cutting for 897 Central Park. Mayor Cavanagh reported on Dubuque Oktoberfest, recently welcoming international students to Dubuque, delivering his annual State of the City address, and the Nathaniel Morgan Memorial event. Mayor Cavanagh also made a statement regarding to the recent as- sassination attempt on President Donald Trump. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 8:47 p.m. to discuss Pending Litigation and Purchase or Sale of Real Estate — Chap- ter 21.5(1)(c),(j) Code of Iowa. Seconded by Roussell. Mayor Cavanagh stated for the rec- Page 431 of 1311 345 Special Session, September 30, 2024 Book 154 CITY OF DUBUQUE IOWA including gathering public input from various CITY COUNCIL PROCEEDINGS stakeholders, enhancing connectivity to key locations and routes, addressing parking con - SPECIAL SESSION cerns, and determining how to achieve the OFFICIAL desired vehicle speeds. The Dubuque City Council met in special ADJOURNMENT session at 6:30 p.m. on September 30, 2024, in the second -floor Council Chambers of the There being no further business, Mayor Historic Federal Building, 350 W. 61h Street. Cavanagh declared the meeting adjourned at 7:49 p.m. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick (attended virtual- /s/Adrienne N. Breitfelder, CMC, City Clerk ly), 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 Central Avenue and White Street Corridor Traffic Study. WORK SESSION Central Avenue and White Street Corridor Traffic Study Traffic Engineer Justine Hull introduced Bolton and Menk Senior Traffic Engineer Jen- nifer McCoy and Urban Planner Andrew Dres- dner, who presented on the progress of the Central Avenue and White Street Corridor Traffic Study and outlined four potential sce- narios for traffic routing. The consultants ad- dressed a range of questions from the City Council, covering topics such as interpreting conflict points, congestion level timeframes, state design standard requirements, connectiv- ity, and the city's input on scenarios. In re- sponse to questions, City Manager Van Milli- gen noted that the 14th Street overpass, offi- cially named the Building Bridges to Employ- ment and Equity (B2E2) Project, is projected for completion in 2030. He also mentioned that he advised the consultants not to request any decisions from the City Council tonight, given that it was the first time the information was being presented and the session was meant for discussion. Van Milligen indicated that the timeline for implementing any updates to traffic routing is contingent on the funding source, pointing out that any major changes will likely result in a projected completion date of 2030. In response to a question about why costs were not included with each scenario, the con- sultants explained that they deliberately chose not to present cost information at this point in the study to focus on guiding principles. If the traffic routing scenarios are narrowed down to two options, they will be able to share cost details at their next presentation to the City Council on November 18, 2024. The City Council offered feedback on several topics, Page 432 of 1311 346 Special and Regular Sessions, October 7, 2024 Book 154 CITY OF DUBUQUE IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on October 7, 2024, 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 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. WORK SESSION Smart Parking Mobility Management Plan Director of Transportation Services Ryan Knuckey introduced Kevin White from Walker Consulting, who together presented the pro- gress of the Smart Parking Mobility Manage- ment Plan. White responded to City Council's questions on transaction fees, strategies for the system to financially sustain itself, and registration options for parking ramps. In re- sponse to a question about data retention timeframes for license plates, White explained that the Information Technology (IT) depart- ment had consulted with vendors to ensure Payment Card Industry (PCI) compliance. Col- laboration will occur with the City Attorney's Office to establish appropriate retention peri- ods. He also noted that users could opt not to store their license plate information in the sys- tem. Addressing inquiries about potential up- dates to city code, White and Knuckey indicat- ed that changes to on -street parking locations and certain rate adjustments would be neces- sary. Once the contract with the chosen ven- dor for ramp parking technology is finalized, staff will proceed with the relevant code up- dates. City Council members voiced their sup- port for the variety of payment options availa- ble for parking meters and ramps, as well as the use of data to guide informed decision - making. There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:25 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 October 7, 2024, 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 Attorney Brumwell. Mayor Cavanagh read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PRESENTATIONS ICMA YSEALI Fellow Introduction: Assis- tant City Manager Cori Burbach introduced International City/County Management Asso- ciation (ICMA) Young Southeast Asian Lead- ers Initiative (YSEALI) Fellow May Hadee, who provided a summary of her time in Dubuque. PROCLAMATIONS 1. Domestic Violence Awareness Month (October 2024) was accepted by Angela Heister on behalf of Waypoint Services. 2. Arts and Humanities Month (October 2024) was accepted by Arts and Cultural Af- fairs Manager Bonnie Spurling on behalf of the Arts and Cultural Affairs Division. 3. Community Planning Month (October 2024) was accepted by the Planning Services Department. 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: Airport Commission of August 27, 2024; Arts and Cul- tural Affairs Advisory Commission Minutes of July 23, 2024 and Report of August 27, 2024; City Council Proceedings of September 16, 2024; Historic Preservation Commission of August 15, 2024; Long Range Planning Advi- Page 433 of 1311 Book 154 Regular Session, October 7, 2024 347 sory Commission of July 17, 2024; Zoning Advisory Commission of September 4, 2024; Zoning Board of Adjustment of August 22, 2024; Proof of Publication for City Council Proceedings of August 19, August 20, August 21, August 21, and September 3, 2024. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Kira Kieffer and John Liphardt for vehicle damage; Jacob Ludwig for vehicle damage; Dennis Thein 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: Kira Kieffer and John Liphardt for vehicle damage; Jacob Ludwing for vehicle damage; Dennis Thein for vehicle damage. Upon mo- tion the documents were received, filed, and concurred. 4. Approving Expenditures: Upon motion the documents were received and filed, and Resolution No. 304-24 Authorizing the Chief Financial Officer/City Treasurer to make cer- tain payments of bills that must be paid and approved for payment in accordance with City procedures was adopted. RESOLUTION NO. 304-24 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 generally accepted internal control procedures and have been determined to have been req- uisitioned for a lawful municipal purpose; and Whereas, the Chief Financial Officer -City Treasurer has provided a list of Expenditures attached hereto, and by this reference made a part hereof, to be drawn to pay for goods and services provided for City purposes; and Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142-18 adopted May 7, 2018, authorized the Chief Financial Officer -City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. 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 Financial Officer are hereby authorized and directed to provide the statement of receipts and disbursements to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 7th day of October 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. North Grandview Avenue Pavement Re- habilitation Project - PROJECT 5521000018: Upon motion the documents were received and filed, and Resolution No. 305-24 Accept- ing the North Grandview Avenue Pavement Rehabilitation Project and authorizing final payment to the contractor was adopted. RESOLUTION NO. 305-24 ACCEPTING THE NORTH GRANDVIEW AVENUE PAVEMENT REHABILITATION PROJECT AND AUTHORIZING FINAL PAY- MENT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the North Grandview Avenue Pavement Rehabilitation Project (the Project) has been completed by the contractor, Eastern Iowa Excavating and Concrete LLC (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 $382,449.82; and Whereas, the Contractor has previously been paid $363,327.33, leaving a balance of $19,122.49; 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, IA.: 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 $19,122.49 as provided in Page 434 of 1311 Book 154 Regular Session, October 7, 2024 348 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 7t' day of October 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Acceptance of Grants of Easement for Access and Maintenance as Part of the 2024 SRF Green Alley Project: Upon motion the documents were received and filed, and Reso- lution No. 306-24 Accepting Grants of Ease- ment for Access and Maintenance Associated with the 2024 SRF Green Alley Project, in the City of Dubuque, IA. was adopted. RESOLUTION NO. 306-24 ACCEPTING GRANTS OF EASEMENT FOR ACCESS AND MAINTENANCE ASSOCIAT- ED WITH THE 2024 SRF GREEN ALLEY PROJECT, IN THE CITY OF DUBUQUE, IA. Whereas, Phillip M. Brown has executed a Grant of Easement for Access and Mainte- nance across Part of Lot 1 of Lot 2 of the North Middle 1/5 of City Lot 435, in the City of Dubu- que, IA.; and Whereas, Mid -America Property Manage- ment, LLC, has executed a Grant of Easement for Access and Maintenance across Part of the Northerly 8 feet 1 inch of the South Middle 1/5, and the Southerly 32' of the Middle 1/5, of City Lot 435, in the City of Dubuque, IA., and Part of the North 19.2 feet of Middle one -fifth, and Lot 2 of Lot 2 of North Middle one -fifth, of City Lot 435, in the City of Dubuque, IA.; and Whereas, Rider Lacey Block, LLC, has ex- ecuted a Grant of Easement for Access and Maintenance across Part of the South One - Fifth and the South 14 feet of the South Middle One -Fifth of City Lot 440, in the City of Dubu- que, IA. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The City Council of the City of Dubuque, IA., hereby approves of, accepts and consents to the Grants of Easement for Access and Maintenance, across the proper- ties as listed above, in the City of Dubuque, IA. from the property owners as listed above, cop- ies of which are attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution with each said Grant of Easement for Access and Mainte- nance in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 7th day of October 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7. 2024 Boating Infrastructure Tier 1 Grant - Dredge Dubuque Marina: Approve Iowa De- partment of Natural Resources Subrecipient Grant Agreement: Iowa DNR Agreement No. 25CRDFBGSCHO-0001: USFWS Agreement No. F24AP01981: Upon motion the documents were received and filed, and Resolution No. 307-24 Approving a 2024 Boating Infrastruc- ture Tier 1 Grant Subrecipient Agreement (Agreement No. 25CRDFBGSCHO-0001) with the Iowa Department of Natural Resources to assist with maintenance dredging at Dubuque Marina was adopted. RESOLUTION NO. 307-24 APPROVING A 2024 BOATING INFRA- STRUCTURE TIER 1 GRANT SUBRECIPI- ENT AGREEMENT (AGREEMENT NO. 25CRDFBGSCHO-0001) WITH THE IOWA DEPARTMENT OF NATURAL RESOURCES TO ASSIST WITH MAINTENANCE DREDG- ING AT DUBUQUE MARINA Whereas, on September 5, 2023, per Res- olution 284-23, the City Council authorized staff to submit the 2024 Boating Infrastructure (BIG) Tier 1 Grant application to the Iowa DNR for dredging Dubuque Marina to provide tran- sient boaters, and boaters who operate ves- sels 26 feet or larger, access to docking and safe harbor facilities; and Whereas, on July 11, 2024, the Iowa DNR Commission approved the 2024 BIG Tier 1 grant award and the Subrecipient Grant Agreement with the City of Dubuque in the amount of $170,100; and Whereas, the City will be responsible for the lead agency role for administering the fed- eral 2024 BIG Tier 1 grant. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQE, IOWA, THAT: Section 1. That said 2024 BIG Tier 1 Sub - recipient Grant Agreement (Agreement No. 25CRDFBGSCHO-0001) with the Iowa De- partment of Natural Recourses to assist with funding to perform maintenance dredging at Dubuque Marina is hereby approved. Section 2. That the Mayor be authorized and directed to execute the 2024 BIG Tier 1 Subrecipient Grant Agreement (Agreement No. 25CRDFBGSCHO-0001) with the Iowa Department of Natural Recourses. Passed, approved and adopted this 7th day of October 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk Page 435 of 1311 Book 154 Regular Session, October 7, 2024 349 8. 15th Street Railroad At -Grade Crossing Closure: CPKC Railroad Roadway At- Grade Crossing Closure Agreement: State of Iowa Section 130 Crossing Closure Incentive Agreement: City Manager provided information to City Council on the executed agreements with both the Canadian Pacific Kansas City (CPKC) Limited Railroad and Iowa Department of Transportation (Iowa DOT) for the perma- nent closure of the 15th Street Railroad At - Grade Crossing. Upon motion the documents were received and filed. 9. Improvement Contracts / Performance, Payment, and Maintenance Bonds: Eastern Iowa Excavating and Concrete, LLC for the Keymont Drive Pavement Rehabilitation Pro- ject. Upon motion the documents were re- ceived, filed, and approved. 10. Pre -annexation Agreement — 10675 Key West Dr., David Herbst: Upon motion the documents were received and filed, and Reso- lution No. 308-24 Approving a Pre -Annexation Agreement between the City of Dubuque, IA. and David Herbst was adopted. RESOLUTION NO. 308-24 APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IA. AND DAVID HERBST Whereas, DAVID HERBST, the owner of the following described property located at 10675 Key West Drive in Dubuque County, IA. (the Property) has submitted to the City Coun- cil of the city of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: Lot 4, Lot 5, and Lot 6, In Annie Wal- ler's Subdivision in Section 12, Table Mound Township, Dubuque County, Ia., According to The Recorded Plats Thereof; and Whereas, David Herbst has entered into a Pre -annexation Agreement with the City of Dubuque, a copy of which is attached hereto governing the future annexation of the Proper- ty; 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, IA. 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 annexation of the Property is in the public in- terest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The Pre -annexation Agreement by David Herbst and the City of Dubuque is hereby approved. Passed, approved and adopted this 7th day of October 2024. Brad Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 11. Pre -annexation Agreement — 10270 Key West Dr., St. Joseph's Church: Upon mo- tion the documents were received and filed, and Resolution No. 309-24 Approving a Pre - Annexation Agreement between the City of Dubuque, IA. and St. Joseph's Church, Key West & St. Joseph's Church Corp (Key West) was adopted. RESOLUTION NO. 309-24 APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IA. AND ST. JOSEPH'S CHURCH, KEY WEST & ST. JOSEPHS CHURCH CORP (KEY WEST) Whereas, St. Joseph's Church, Key West & St. Josephs Church Corp (Key West), the owners of the following described property located at 10270 Key West Drive in Dubuque County, IA. (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 1 of 6 of the NE of the SE and Lot 1 of 3 of the SE of the SE, Section 11, T88N R2E; and Lot 1 of 1 of the NW of the SW, Lot 2 of the NW of the SW, Lot 1 of 1 of the SW of the SW, Lot 2 of the SW of the SW, and Lot 3 of 2 of 1 of the SW of the SW, Section 12 T88N R2E Whereas, St. Joseph's Church, Key West & St. Joseph's Church Corp (Key West) have entered into a Pre -annexation Agreement with the City of Dubuque, a copy of which is at- tached 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, IA. 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 Page 436 of 1311 Book 154 Regular Session, October 7, 2024 350 Whereas, the City Council finds that the annexation of the Property is in the public in- terest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The Pre -annexation Agreement by St. Joseph's Church, Key West & St. Jo- sephs Church Corp (Key West) and the City of Dubuque is hereby approved. Passed, approved and adopted this 7th day of October 2024. Brad Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 12. Approving the Assignment and As- sumption of the Lease Agreement by and among the City of Dubuque, IA., David S. Har- tig Jr., and Rabbit Hollow Nature Conservancy Inc.: Upon motion the documents were re- ceived and filed, and Resolution No. 310-24 Approving the Assignment and Assumption of the Lease Agreement by and among the City of Dubuque, IA., David S. Hartig Jr., and Rab- bit Hollow Nature Conservancy Inc. was adopted. RESOLUTION NO. 310-24 APPROVING THE ASSIGNMENT AND AS- SUMPTION OF THE LEASE AGREEMENT BY AND AMONG THE CITY OF DUBUQUE, IA., DAVID S. HARTIG JR., AND RABBIT HOLLOW NATURE CONSERVANCY INC. Whereas, the City Council of the City of Dubuque, IA. entered into a Lease Agreement, dated February 17, 2024, and subsequently amended and restated on April 4, 2016, with David S. Hartig, Jr. for the lease of real estate legally described as: Lot 1-1-2-1 Mineral Lot 507, Lot 1-1-2-1-2-1-4 Mineral Lot 501, Lot 2-1-2-1-1-2-1-4 Mineral Lot 501, Lot 1 Old Mill Place, Lot 2 Papke Place, Lot 1-1-2-1-1-2-1-4 Mineral Lot 501, Lot 2-1-1-1-1-2-1-4 Mineral Lot 501, and Lot 2-1-2-1-2-1-4 Mineral Lot 501; and Whereas, David S. Hartig Jr. has entered into an Assignment and Assumption of Lease Agreement with Rabbit Hollow Nature Con- servancy Inc.; and Whereas, David S. Hartig Jr. desires to as- sign all of its rights and obligations under the Lease Agreement to Rabbit Hollow Nature Conservancy Inc. and Rabbit Hollow Nature Conservancy Inc. desires to accept such rights and obligations on the terms and conditions set forth in the Lease Agreement; and Whereas, the Lease Agreement requires the consent of the City to an assignment; and Whereas, the City Council finds that con- sent to the Assignment and Assumption of Lease Agreement is in the best interest of the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The Assignment and Assump- tion of the Lease Agreement is hereby ap- proved. Section 2. The City Manager is hereby au- thorized and directed to execute the Assign- ment and Assumption of the Lease Agreement on behalf of the City of Dubuque. Passed, approved and adopted the 7th day of October 2024. 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 October 21, 2024, for the Issuance of Not to Exceed $27,000,000 Sewer Revenue Capital Loan Notes (State Revolving Loan Fund Pro- gram) Old Mill Rd. Lift Station and Force Main Project — Phase I: Upon motion the documents were received and filed and Resolution No. 311-24 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 $27,000,000 was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on October 21, 2024 in the Historic Federal Building RESOLUTION NO. 311-24 RESOLUTION TO FIX A DATE FOR A PUB- LIC HEARING ON PROPOSAL TO ENTER INTO A SEWER REVENUE LOAN AND DIS- BURSEMENT AGREEMENT AND TO BOR- ROW MONEY THEREUNDER IN A PRINCI- PAL AMOUNT NOT TO EXCEED $27,000,000 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 establishment; 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 attached outstanding debt certificate, and a portion of such prior sewer revenue debt re - Page 437 of 1311 Book 154 Regular Session, October 7, 2024 351 mains outstanding (the "Outstanding Indebt- edness"); 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 $27,000,000, pursuant to the provi- sions of Section 384.24A of the Code of Iowa, for the purpose of paying the cost, to that ex- tent, of planning, designing and constructing 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, IA., AS FOLLOWS: Section 1. This City Council shall meet on October 21, 2024, at 6:30 p.m., at the Historic Federal Building, 350 W. 61h St, Second Floor Council Chambers, at which time and place a hearing will be held and proceedings will be instituted and action taken to enter into the Agreement. Section 2. The City Clerk is hereby di- rected to give notice of the proposed action on the Agreement setting forth the amount and purpose thereof, the time when and place where the said meeting will be held, by publi- cation 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 circulation in the City. The notice shall be in substantially 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 $27,000,000, (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 Resolu- tion 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 defined in Section 1.150- 2(f)(2) of the Regulations, no expenditures for the Project have heretofore been made by the City and no expenditures will be made by the City until after the date of this Resolution or a prior intent resolution of the City, and (c) that the City reasonably 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, approved and adopted this 7th day of October 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Equity and Human Rights Commission Request for Commissioner Removal Equity and Human Rights Commission requesting City Council schedule a public hearing to con- sider the removal of Commissioner Enoc Sanchez from the Commission for noncompli- ance with the attendance requirement of the City Code of Ordinances. Upon motion the documents were received and filed and Reso- lution No. 312-24 Setting a public hearing on the intent to consider the removal of a com- missioner from the Equity and Human Rights Commission was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on October 21, 2024, in the Historic Fed- eral Building. RESOLUTION NO. 312-24 SETTING A PUBLIC HEARING ON THE IN- TENT TO CONSIDER THE REMOVAL OF A COMMISSIONER FROM THE EQUITY AND HUMAN RIGHTS COMMISSION Whereas, the City of Dubuque, IA., 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 at- tendance at commission meetings as follows: 8-2-10: MEETINGS: D . Attendance: 1. In the event a commissioner has been absent for three (3) or more consecutive meetings of the commis- sion, without being excused by the chairperson, such absence will be grounds for the commission to rec- ommend to the city council that the position be declared vacant and a re- placement appointed. 2. Attendance must be entered upon the minutes of all meetings; and Whereas, the Equity Human Rights Com- mission has recommended to the City Council Page 438 of 1311 Book 154 Regular Session, October 7, 2024 352 that Enoc Sanchez be removed from the Commission for failure to comply with the at- tendance requirements, such recommendation attached 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 Enoc Sanchez from the Equity and Human Rights Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The City Council intends to con- sider the removal of Enoc Sanchez from the Equity and Human Rights Commission for noncompliance with the attendance require- ment of the Code of Ordinances. Section 2. The City Clerk is hereby author- ized and directed to cause a notice to be mailed to Enoc Sanchez and published as prescribed by Iowa Code Section 362.3 of a public hearing on the City's intent to remove Enoc Sanchez from the Equity and Human Rights Commission, to be held on the 21 st day of October 2024 at 6:30 p.m. in Dubuque, IA. Passed, approved and adopted this 71h day of October 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. 2024 SRF Green Alley Project: Initiate Public Bidding Process and Set Date for Public Hearing - Project No: 5581500018, 4281000045, 5581500020: Upon motion the documents were received and filed and Reso- lution No. 313-24 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 advertise- ment for bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on November 4, 2024 in the Historic Fed- eral Building. RESOLUTION NO. 313-24 2024 SRF GREEN ALLEY PROJECT, PRE- LIMINARY APPROVAL OF PLANS, SPECI- FICATIONS, 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 DUBUQUE, IA.: Section 1. The proposed plans, specifica- tions, form of contract and estimated cost for the 2024 SRF Green Alley Project in the esti- mated amount $1,342,614.00, are hereby pre- liminarily approved and ordered filed in the office of the City Clerk for public inspection. Section 2. A public hearing will be held on the 4th day of November, 2024, at 6:30 p.m. in the Historic Federal Building Council Cham- bers (second floor) 350 W. 6th Street, Dubu- que, IA., at which time interested persons may appear and be heard for or against the pro- posed plans and specifications, form of con- tract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, IA., which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or esti- mated cost of the Project. Section 3. The 2024 SRF Green Alley Pro- ject is hereby ordered to be advertised for bids for construction. Section 4. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. Section 5. The City Engineer is hereby 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, in a contractor plan room service with statewide circulation, and construction lead generating service with a 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 7th day of No- vember 2024. Bids shall be opened and read by the City Clerk at said time and will be sub- mitted to the City Council for final action at 6:30 p.m. on the 18th day of November 2024, in the Historic Federal Building Council Cham- bers (second floor), 350 West 6th Street, Dubuque, IA. Passed, approved and adopted this 7th day of October 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. 2024 SRF Green Alley Project Special Assessments - Project No: 5581500018, 4281000045, 5581500020: Upon motion the documents were received and filed and Reso- lution No. 314-24 Approving the preliminary plats, schedule of assessments and estimate of total cost for the 2024 SRF Green Alley Pro- ject; Resolution No. 315-24 Of necessity for the 2024 SRF Green Alley Project; and Reso- lution No. 316-24 Fixing date of public hearing on resolution of necessity were adopted set - Page 439 of 1311 Book 154 Regular Session, October 7, 2024 353 ting a public hearing for a meeting to com- mence at 6:30 p.m. on November 4, 2024 in the Historic Federal Building. RESOLUTION NO. 314-24 APPROVING THE PRELIMINARY PLATS, SCHEDULE OF ASSESSMENTS AND ESTI- MATE OF TOTAL COST FOR THE 2024 SRF GREEN ALLEY PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the attached preliminary plats, schedule of assessments, and estimate of total cost for the 2024 SRF Green Alley Pro- ject are hereby approved. Passed, approved and adopted this 7th day of October 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 315-24 RESOLUTION OF NECESSITY FOR THE 2024 SRF GREEN ALLEY PROJECT Whereas, the plat, preliminary schedule of assessments, and estimate of total cost for the 2024 SRF Green Alley Project have been duly prepared and approved by the City Council of the City of Dubuque and ordered placed on file in the office of City Clerk. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: The 2024 SRF Green Alley Project will provide: This project will include the reconstruc- tion of three alleys in downtown Dubu- que into permeable alleys. The alleys are located between Iowa street and Central Avenue from 15th to 17th streets (2 alleys) and between Central Avenue and White Street from 17th to 18th Street (1 alley). All three alleys will have all pavement removed, complete reconstruction of the water main and sanitary sewer with associated private services. excavation to allow for 3 feet of porous stone, in- stallation of a subdrain, connections to storm sewer, concrete bands and brick pavers suited for permeable pavement. There is an existing Lumen fiber duct bank that needs to be worked around on the alley between Central Avenue and White Street. The alley between Central Avenue and Iowa Street from 15th to 16th Street will have permeable pavers installed in a unique design pat- tern. Some of the project quantities in- clude the following: . Excavation: 2780 CY • 7" PCC Pavement: 550 SY • Permeable Brick Pavers: 13360 SF • ASTM 57 Stone: 285 Ton • ASTM 2 Stone: 4020 Ton • 8" PVC C900 Sanitary Sewer: 805 LF • 6" DIP Water main: 610 LF • 12" DIP water main: 260 LF • Associated water services and sani- tary services There is on file in the office of the City Clerk an estimated total cost of the work, and a preliminary plat and schedule showing the amount proposed to be assessed to each lot for the improvement. The date, time, and place the council will hear property owners subject to the assess- ment and interested parties for or against the improvement, its cost, the assessment, or the boundaries of the district: the 4th day of No- vember 2024, at 6:30 p.m., in the Historic Federal Building Council Chambers, 350 West 6th Street, Dubuque, IA. That the City Council deems it advisable and necessary for the public welfare to make the herein mentioned improvements. Unless a property owner files objections with the City Clerk at the time of hearing on the resolution of necessity, the property owner is deemed to have waived all objections pertain- ing to the regularity of the proceeding and the legality of using the special assessment pro- cedure. Said improvements shall be constructed in accordance with the plans and specifications which have been approved by the City Council and are now on file in the Office of the City Clerk. The cost of making such improvement will be assessed against property lying with the assessment limits. The above resolution was introduced, ap- proved and ordered placed on file with the City Clerk this 7th day of October 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 316-24 FIXING DATE OF PUBLIC HEARING ON RESOLUTION OF NECESSITY Whereas, the City Council of the City of Dubuque, IA., has given its preliminary ap- proval to the plat, preliminary schedule of as- sessments, and estimated total cost for the 2024 SRF Green Alley Project and ordered the plat, schedule of assessments, and estimate of total cost placed on file in the Office of the City Clerk; and Whereas, the proposed Resolution of Ne- cessity for Project has been introduced and is now on file in the Office of the City Clerk. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Page 440 of 1311 Book 154 Regular Session, October 7, 2024 354 Section 1. The City Council will meet on the 4th day of November 2024, at 6:30 p.m. in the Historic Federal Building Council Cham- bers, 350 West 6th Street, Dubuque, IA. At which time the owners of property subject to assessment for the proposed improvement or any other person having an interest in the mat- ter may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost, the assessment against any lot, or the final adoption of a resolution of necessity. Section 2. A property owner will be deemed to have waived all objections unless at the time of hearing the property owner has filed objections with the City Clerk. Section 3. The City Clerk be and is hereby authorized and directed to cause a notice of the time and place of such hearing to be pub- lished in a newspaper having general circula- tion in the City of Dubuque, IA., which notice shall be published once each week for two consecutive weeks, the first publication of which shall be not less than ten days prior to the day fixed for its consideration. Passed, adopted and approved this 7th day of October 2024. 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. 1. Resilient Community Advisory Commis- sion: One, 3-Year term through July 1, 2027 (Vacant term of Hoffman). Applicant: Rachel Schmidt Boeke, 1241 Jackson St. Boeke spoke in support of their application. 2. Zoning Advisory Commission: One, 5- Year term through July 1, 2027 (Vacant term of Sempf). Applicant: Troy Froistad, 477 West 3rd St. City Clerk Breitfelder announced that Froistad submitted written input in support of their application. Appointments were made to the following boards/commissions. 1. Civic Center Advisory Commission: One, 3-Year term through June 29, 2027 (Expired term of Jacobs). Applicant: Danielle Jacobs, 3130 Shiras Ave. Motion by Roussell to ap- point Jacobs to the term. Seconded by Sprank. Motion carried 7-0. 2. Community Development Advisory Commission: One, 3-Year term through Feb- ruary 15, 2026 (Vacant At -Large term of Moz- ena); One, 3-Year term through February 15, 2027 (Vacant Low to Moderate Income Repre- sentative term of Woodyard). Applicants: Ga- briel Mozena, 196 Bluff St. (Qualifies for Low to Moderate Income Representative and At - Large); Julie Woodyard, 1950 Coates St. (Qualities for At -Large). Motion by Jones to appoint Woodyard to the At -Large term. Se- conded by Wethal. Motion carried 7-0. Motion by Farber to appoint Mozena to the Low to Moderate Income Representative term. Se- conded by Sprank. Motion carried 7-0. PUBLIC HEARINGS 1. Iowa Amphitheater on Schmitt Island Project Bid Package No. 1 (Site Demolition & Mass Grading) Public Hearing: Motion by Jones to receive and file the documents and adopt Resolution No. 317-24 Approval of Plans, Specifications, Form of Contract, and Estimated Cost for the Iowa Amphitheater on Schmitt Island Project — Bid Package No. 1 (Site Demolition & Mass Grading). Seconded by Sprank. Responding to a question from the City Council, City Manager Van Milligen stated that city staff will confirm the actual cost of the project once they receive bids. Civil Engineer Nathan Steffen explained the project esti- mates. Motion carried 7-0. RESOLUTION NO. 317-24 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE IOWA AMPHITHEATER ON SCHMITT ISLAND PROJECT — BID PACK- AGE NO. 1 (SITE DEMOLITION & MASS GRADING) NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the attached plans, specifi- cations, form of contract and estimate of total cost for the Iowa Amphitheater on Schmitt Island Project — Bid Package No. 1 (Site Dem- olition & Mass Grading) in the estimated amount $1,018,000.00, are hereby approved. Passed, approved, and adopted this 7th day of October 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk ACTION ITEMS 1. Off -Premises Sign Regulations: Motion by Roussell to receive and file the documents and refer to the City Council for discussion. Seconded by Sprank. Planning Services Direc- tor Wally Wernimont explained that the recent rezoning of the former Bridge restaurant, along with concerns raised by Washington St. resi- dents, prompted staff to present options on off - premises sign regulations for City Council's Page 441 of 1311 Book 154 Regular Session, October 7, 2024 355 consideration. Mr. Wernimont provided an overview of the history of the City's Unified Development Code (UDC), discussed the up- coming UDC revision process, and highlighted differences in sign regulations in other cities. City Council members expressed support for the ordinance imposing a temporary moratori- um on new off -premises signs and initially pro- posed holding the first reading of the ordi- nance at this meeting, as it is a new proposal. Motion by Jones to receive and file the com- munications and approve first reading of a proposed ordinance Amending City of Dubu- que Code of Ordinances Title 14 Building and Development, Chapter 2 Building Construc- tion, Demolition and Moving, Section 14-2-4 Moratorium for Construction or other work on certain streets, areas, or facilities by adding Section B Off Premises Sign Study Area. Se- conded by Sprank. After discussion, the City Council concluded that allowing a two -week window for businesses to submit applications for new off -premises signs could lead to an increase in applications. The Council agreed that adopting the ordinance during this meet- ing would be the most effective way to prevent that. Motion withdrawn by Jones, who then motioned to receive and file the documents and that the requirement that a proposed ordi- nance be considered and voted on for pas- sage 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 Jones for final consideration and passage of Ordinance No. 58-24 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 2 Building Construction, Demolition and Moving, Section 14-2-4 Moratorium for Construction or other work on certain streets, areas, or facilities by adding Section B Off Premises Sign Study Area. Seconded by Sprank. Motion carried 7- 0. ORDINANCE NO. 58-24 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 2 BUILDING CONSTRUCTION, DEMOLITION AND MOV- ING, SECTION 14-2-4 MORATORIUM FOR CONSTRUCTION OR OTHER WORK ON CERTAIN STREETS, AREAS, OR FACILI- TIES BY ADDING SECTION B OFF PREM- ISES SIGN STUDY AREA Whereas, the City of Dubuque is commit- ted to promoting the health, safety, and gen- eral welfare of its residents; and Whereas, the current Unified Development Code (UDC) is in need of comprehensive re- view and update to better reflect the communi- ty's vision and land use goals; and Whereas, off -premises signs can signifi- cantly impact the aesthetic character of the community, traffic safety, and the overall quali- ty of life for residents; and Whereas, the proliferation of off -premises signs may result in adverse effects, such as visual clutter, distraction for drivers, and poten- tial conflicts with the objectives of the updated UDC; and Whereas, a temporary moratorium on the issuance of permits for new off -premises signs will allow for a thorough evaluation of the community's needs, concerns, and prefer- ences regarding signage and advertising; and Whereas, the City of Dubuque desires to ensure that the future development of off - premises signs aligns with updated land use regulations and community standards; and Whereas, the temporary suspension of off - premises sign permits is necessary to protect the public interest while the UDC is being re- viewed and revised. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. City of Dubuque Code of Ordi- nances Section 14-2-4 is amended to read as follows: Section 14-2-4: Moratorium for Construc- tion or Other Work on Certain Streets, Areas or Facilities: B. Off -premises sign Study Area: The city manager may not issue any per- mit for any new off -premises sign in the corporate limits of the city of Dubuque from the effective date hereof to March 1, 2026, except where a vested right to the issuance of such permit accrued prior to the ef- fective date hereof. Section 2. This ordinance shall take effect upon publication Passed, approved and adopted this 7th day of October 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Request for Proposals (RFP) for Historic Millwork District Outdoor Community Space Engagement, Design, Construction Manage- ment: Motion by Roussell to receive and file the documents and approve the RFP for His- toric Millwork District Outdoor Community Space Engagement, Design, and Construction Management, and then direct staff to post the RFP and initiate the consultant selection pro- cess. Seconded by Wethal. In response to a City Council question, Wernimont explained that the proposed cost covers hiring the con- tractor, conducting community engagement, and developing the concept plan. He also out- lined the role of the steering committee and emphasized that the park will be accessible to Page 442 of 1311 Book 154 Regular Session, October 7, 2024 356 the entire community. City Manager Van Milli- gen added that the cost includes constructing the new park, noting that the final cost will be determined after public engagement. Van Mil- ligen also stated that it will be the City Coun- cil's decision on transitioning the current park- ing lot into a park. Motion carried 7-0. 3. Public Safety Software Recommenda- tion: Motion by Wethal to receive and file the documents and approve entering into a con- tract with CentralSquare Technologies for pub- lic safety software for the City of Dubuque and its partner public safety agencies and give authorization to the Mayor to sign the contract. Seconded by Farber. In response to questions from the City Council, Police Chief Jeremy Jensen explained that the City's IT Department manages IT services for both the City Police Department and the Dubuque County Sheriff, and that the cost is comparable to the City's current software. Addressing a concern about some of the software developers being located overseas, City Attorney Brumwell noted that Chief Information Officer Chris Kohlmann and Senior Counsel Barry Lindahl reviewed the contract. While the City can suggest changes, they often must agree to the contract terms. The IT Department reviews the technical as- pects, while the City Attorney's Office evalu- ates the legal components. City Council mem- bers expressed appreciation for the ongoing collaboration with Dubuque County and high- lighted the importance of modernization. Mo- tion carried 7-0. 4. Work Session Request: Automated Li- cense Plate Reader (ALPR) Update: Motion by Roussell to receive and file the documents and schedule the work session for October 21, 2024, at 5:30 p.m. Seconded by Resnick. Mo- tion carried 7-0. COUNCIL MEMBER REPORTS Council Member Wethal congratulated Mayor Cavanagh on his appointment as Presi- dent of the Iowa League of Cities (ILC). Wethal also reported on her attendance at an ILC con- ference, touring the Dubuque Arboretum and Botanical Gardens, attending the Connecting Communities in Americas Conference, and the upcoming Twenty Dirty Hands Pottery Tour. Council Member Farber reported on at- tending meetings related to her service on committees with the Federal Communications Commission (FCC) and National League of Cities (NLC). Council Member Jones reported on attend- ing Kwik Star's ribbon -cutting for their new location, the groundbreaking for Wanderwood Gardens, speaking with the Surveyors Histori- cal Society during their visit to Dubuque, a tree planting memorial in honor of former Council Member Joyce Connors, touring the Field of Dreams with Travel Dubuque's Outreach Committee, the ribbon- cutting for the new playground at Lincoln Elementary School, the Denver Air Connection event at the Dubuque Regional Airport, and the Telegraph Herald's Salute to Women awards ceremony. Jones also mentioned the recent publication of Greater Dubuque Development Corporation's (GDDC) new relocation guide. Council Member Sprank reported on also attending the tree planting memorial, recent meetings attended as part of serving on the Dubuque Racing Association (DRA) and GDDC boards, the Northend Neighborhood Association's annual yard sale, the Latinx Fes- tival, and a Bluff Strokes event. Council Member Roussell reported on a tree planting event at Four Mounds. Mayor Cavanagh reported on attending a recent performance of the Dubuque Symphony and the Denver Air Connection event. Cavanagh also expressed that he was hon- ored to be elected as ILC President. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 7:57 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 Attor- ney Brumwell. Motion carried 7-0. The City Council reconvened in open ses- sion at 8:54 p.m. stating that staff had been given proper direction. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 8:54 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk Page 443 of 1311 357 Special and Regular Sessions, October 21, 2024 Book 154 CITY OF DUBUQUE IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on October 21, 2024, in the second -floor Council Chambers of the His- toric Federal Building, 350 W. 6m Street. Present: Mayor Cavanagh; Council Mem- bers Farber, Jones, Resnick, 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 to receive updates on the Automated License Plate Reader system and Greater Dubuque Development Corporation. WORK SESSIONS Automated License Plate Reader Update Police Captain Marty Steil provided an up- date on the Automated License Plate Reader (ALPR) system. In response to questions from the City Council, Steil explained that the city only grants access to authorized public sector personnel. Since the program is still new, there is no data on false positives; however, city staff manually verify system information before taking any action. Responding to a question, Police Chief Jeremy Jensen stated that the National Crime Information Center (NCIC) is the sole federal requirement for tracking war- rants. This work session concluded at 5:56 p.m. Greater Dubuque Development Corporation Quarterly Update President and CEO Rick Dickinson pre- sented a quarterly update on Greater Dubuque Development Corporation (GDDC). City Coun- cil Members praised GDDC for its efforts in job placement assistance, its relocation guide, and for celebrating its 401h anniversary. 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 October 21, 2024, 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 Attorney 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 business that may properly come before the City Council. PLEDGE OF ALLEGIANCE City Clerk Breitfelder announced that Ac- tion Item No. 1 had been moved as the first order of business. ACTION ITEM 1. Photo for National League of Cities Cen- tennial: Motion by Roussell to receive and file the documents and take the photo. Seconded by Farber. City Council, City staff, and mem- bers of the public gathered for a group photo to commemorate Dubuque being selected as one of the National League of Cities' (NLC) digital stops on their roadshow celebrating the organization's centennial milestone. Motion carried 7-0. PRESENTATIONS 1. City -County Communications & Market- ing Association (3CMA) 2024 Savvy Awards Recognition: Public Information Officer Randy Gehl presented on the Public Information Of- fice receiving two national awards from the City -County Communications & Marketing Association (3CMA): Savvy Awards in the cat- egories of Interview/Talk Show/News Pro- gramming and Communications and/or Mar- keting Plans. 2. 2024 University of Dubuque Alumni Award Recognition: Police Chief Jeremy Jen- sen was recognized by University of Dubuque President Travis Frampton for receiving the 2024 University of Dubuque Alumni Award. Page 444 of 1311 Book 154 Regular Session, October 21, 2024 358 3. Public Safety Citizen Lifesaving Award Recognition: Fire Chief Amy Scheller present- ed on the recently awarded Public Safety Citi- zen Lifesaving Award. 4. Grand River Center Award and Certifica- tion Recognition: Leisure Services Director Marie Ware recognized the Grand River Cen- ter and OVG staff for receiving the 2024 Northstar Stella Award and the KultureCity Certification. General Manager Ryan Bonifas spoke on behalf of Grand River Center staff. PROCLAMATIONS 1. Veterans of Foreign Wars 1251h Birthday (September 29, 2024) was accepted by Post 508 Commander Wayne Brown on behalf of the Dubuque Veterans of Foreign Wars Leo A. Schwind — Gerald F. Winter Post 508. 2. National Lead Poisoning Prevention Week (October 20-26, 2024) was accepted by Lead and Healthy Homes Grants Program Manager Christina Schneider and Lead and Healthy Homes Inspector and Kelly Davis on behalf of the Health Services Department and Housing and Community Development De- partment. 3. Lights On Afterschool Week (October 21-27, 2024) was accepted by Beth McGorry on behalf of St. Mark Youth Enrichment. 4. Dubuque Climate Action Day (October 24, 2024) was accepted by Green Iowa Amer- iCorps Member Melia Stackis on behalf of Sustainable Dubuque. 5. Trick or Treat Night (October 31, 2024) was accepted by Scout Ben Valentine on be- half of the City of Dubuque. 6. Extra Mile Day (November 1, 2024) was accepted by Community Service and Outreach Coordinator Brittney Hayes on behalf of Extra Mile America and the Office of Community Impact. CONSENT ITEMS Mayor Cavanagh requested Item No. 4 be held for separate discussion. Motion by Res- nick to receive and file the documents, adopt the resolutions, and dispose of as indicated, except Item No. 4. Seconded by Jones. Motion carried 7-0. 1. Minutes and Reports Submitted: Civil Service Commission of October 2, 2024; Equi- ty and Human Rights Commission of August 13, 2024; Library Board of Trustees Updates of August 22 and September 26, 2024; Resilient Community Advisory Commission of September 5, 2024; Proof of Publication for City Council Proceedings of September 16, 2024. Upon motion the documents were re- ceived and filed. 2. Approval of City Expenditures: Upon motion the documents were received and filed, and Resolution No. 318-24 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. 318-24 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 generally accepted internal control procedures and have been determined to have been req- uisitioned for a lawful municipal purpose; and Whereas, the Chief Financial Officer -City Treasurer has provided a list of Expenditures attached hereto, and by this reference made a part hereof, to be drawn to pay for goods and services provided for City purposes; and Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142-18 adopted May 7, 2018, authorized the Chief Financial Officer -City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. 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 Financial Officer are hereby authorized and directed to provide the statement of receipts and disbursements to the City Council, and to Page 445 of 1311 Book 154 Regular Session, October 21, 2024 359 publish a summary thereof. Passed, approved, and adopted this 21 s' day of October 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. November/December 2024 City News Newsletter: Upon motion the documents were received and filed. 4. Sustainable Dubuque Community Grant Award Recommendation: Motion by Jones to receive and file the documents and approve. Seconded by Farber. Point of Order by Cavanagh that the agenda item contained resolutions. Motion amended by Jones, se- conded by Farber, to receive and file the doc- uments and adopt the resolutions. Mayor Cavanagh stated that it was difficult to identify a clear connection between the Clarity Clinic Pregnancy Center and the city's Climate Ac- tion Plan. He recommended not adopting the resolution awarding funds to the center but adopting the others. City Council members discussed the need for clarification from the Resilient Community Advisory Commission regarding how the center aligns with the plan. Motion amended by Jones to receive and file the documents and adopt the resolutions, ex- cluding the one awarding the Sustainable Dubuque Grant to Clarity Clinic Pregnancy Center. Seconded by Farber. Motion carried 7- 0, therefore adopting Resolution No. 319-24 Awarding Sustainable Dubuque Grant To Dubuque Arboretum & Botanical Gardens; Resolution No. 320-24 Awarding Sustainable Dubuque Grant To City Girl Farming; Resolu- tion No. 322-24 Awarding Sustainable Dubu- que Grant To Convivium Urban Farmstead; Resolution No. 323-24 Awarding Sustainable Dubuque Grant To PALS: People Associated With Lincoln School; and Resolution No. 324- 24 Awarding Sustainable Dubuque Grant To Dubuque Rescue Mission Garden. RESOLUTION NO. 319-24 AWARDING SUSTAINABLE DUBUQUE GRANT TO DUBUQUE ARBORETUM & BO- TANICAL GARDENS 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) Invento- ry, the first step in developing a Climate Action 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 reduction targets to improve and maintain healthy air quality; and Whereas, a 2014 update to the GHG in- ventory revealed that the community had re- duced 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 2021 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 2021 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 Equitable"; and Whereas, the City Council in 2021 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 community'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 transi- tion the edge of the Dubuque Arboretum & Botanical Gardens Prairie Garden from roses to native shrubs; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to fur - Page 446 of 1311 Book 154 Regular Session, October 21, 2024 360 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, IA.: Section 1. The City Council hereby awards a Sustainable Dubuque Grant to the Dubuque Arboretum & Botanical Gardens. Section 2. The City Manager or his design- ee shall enter into a grant agreement with Dubuque Arboretum & Botanical Gardens and shall ensure compliance with the grant agree- ment pursuant to Iowa Code and the grant award requirements. Passed, approved and adopted this 21 st day of October 2024. Brad Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 320-24 AWARDING SUSTAINABLE DUBUQUE GRANT TO CITY GIRL FARMING 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) Invento- ry, the first step in developing a Climate Action 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 reduction targets to improve and maintain healthy air quality; and Whereas, a 2014 update to the GHG in- ventory revealed that the community had re- duced 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 2021 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 2021 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 Equitable"; and Whereas, the City Council in 2021 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 community'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 reduce water consumption for City Girl Farming by installing a drip irrigation system and signifi- cantly minimize waste by promoting reusable containers and bags; 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, IA.: Section 1. The City Council hereby awards a Sustainable Dubuque Grant to City Girl Farming. Section 2. The City Manager or his design- ee shall enter into a grant agreement with City Girl Farming and shall ensure compliance with the grant agreement pursuant to Iowa Code and the grant award requirements. Passed, approved and adopted this 215t day of October 2024. Brad Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 322-24 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 Page 447 of 1311 Book 154 Regular Session, October 21, 2024 361 City Council goal in 2006; and Whereas, in 2010 the City Council adopted the Dubuque Greenhouse Gas (GHG) Invento- ry, the first step in developing a Climate Action 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 reduction targets to improve and maintain healthy air quality; and Whereas, a 2014 update to the GHG in- ventory revealed that the community had re- duced 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 2021 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 2021 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 Equitable"; and Whereas, the City Council in 2021 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 community'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 design and print interpretive signage in the Learning Center and Apiary Viewing Area of Convivium Urban Farmstead; 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, IA.: Section 1. The City Council hereby awards a Sustainable Dubuque Grant to Convivium Urban Farmstead. Section 2. The City Manager or his design- ee 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 21s' day of October 2024. Brad Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 323-24 AWARDING SUSTAINABLE DUBUQUE GRANT TO PALS: PEOPLE ASSOCIATED WITH LINCOLN SCHOOL 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) Invento- ry, the first step in developing a Climate Action 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 reduction targets to improve and maintain healthy air quality; and Whereas, a 2014 update to the GHG in- ventory revealed that the community had re- duced 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 448 of 1311 Book 154 Regular Session, October 21, 2024 362 • 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 2021 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 2021 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 Equitable"; and Whereas, the City Council in 2021 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 community'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 an additional bike rack, safety lights, locks and equipment, and supplies to create a traffic garden for practicing safe cycling at Lin- coln Elementary; 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, IA.: Section 1. The City Council hereby awards a Sustainable Dubuque Grant to PALS: People Associated with Lincoln School. Section 2. The City Manager or his design- ee shall enter into a grant agreement with PALS: People Associated with Lincoln School and shall ensure compliance with the grant agreement pursuant to Iowa Code and the grant award requirements. Passed, approved and adopted this 21st day of October 2024. Brad Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 324-24 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 City Council goal in 2006; and Whereas, in 2010 the City Council adopted the Dubuque Greenhouse Gas (GHG) Invento- ry, the first step in developing a Climate Action 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 reduction targets to improve and maintain healthy air quality; and Whereas, a 2014 update to the GHG in- ventory revealed that the community had re- duced 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 2021 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 2021 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 Equitable"; and Page 449 of 1311 Book 154 Regular Session, October 21, 2024 363 Whereas, the City Council in 2021 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 community'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 take advantage of vertical space to increase square footage of available seedling growing space in the Dubuque Rescue Mission Garden; 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, IA.: Section 1. The City Council hereby awards a Sustainable Dubuque Grant to Dubuque Rescue Mission Garden. Section 2. The City Manager or his design- ee 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 requirements. Passed, approved and adopted this 21 st day of October 2024. Brad Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Acceptance of a Grant of Permanent Embankment Easement over Stephen C. Johnson Living Trust Dated July 28, 2023 Property at 2091 Harpy Eagle Court, Dubuque, IA.: Upon motion the documents were received and filed, and Resolution No. 325-24 Accept- ing a Grant of Permanent Embankment Ease- ment Through, Over and Across Part of Lot 6 of Block 3 of Eagle Valley Subdivision, in the City of Dubuque, IA. was adopted. RESOLUTION NO. 325-24 ACCEPTING A GRANT OF PERMANENT EMBANKMENT EASEMENT THROUGH, OVER AND ACROSS PART OF LOT 6 OF BLOCK 3 OF EAGLE VALLEY SUBDIVI- SION, IN THE CITY OF DUBUQUE, IA. Whereas, Stephen C. Johnson Living Trust Dated July 28, 2023, has executed a Grant of Permanent Embankment Easement through, over and across part of Lot 6 of Block 3 of Ea- gle Valley Subdivision, in the City of Dubuque, IA. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The City Council of the City of Dubuque, IA., hereby approves of, accepts and consents to the Grant of Permanent Em- bankment Easement through, over and across part of Lot 6 of Block 3 of Eagle Valley Subdi- vision, in the City of Dubuque, IA., as shown on the Grant of Permanent Embankment Easement from Stephen C. Johnson Living Trust Dated July 28, 2023, a copy of which is attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Section 3. The City Clerk is hereby author- ized to and directed to record this resolution and Grant of Permanent Embankment Ease- ment with the Dubuque County Recorder. Passed, approved and adopted this 21st day of October 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. SMART Grant — Metro Dubuque Traffic Data Aggregation for Connected Vehicles Pro- ject for DMATS Area Funding Agreement for Services Between The City of Dubuque and The East Central Intergovernmental Associa- tion (ECIA): Upon motion the documents were received and filed, and Resolution No. 326-24 Authorizing The Mayor To Execute A Grant Funding Agreement For Services Between The City Of Dubuque And The East Central Intergovernmental Association (ECIA) In Con- nection With The SMART Grant — Metro Dubuque Traffic Data Aggregation For Con- nected Vehicles Project For The DMATS Area was adopted. RESOLUTION NO. 326-24 AUTHORIZING THE MAYOR TO EXECUTE A GRANT FUNDING AGREEMENT FOR SERVICES BETWEEN THE CITY OF DUBU- QUE AND THE EAST CENTRAL INTER- GOVERNMENTAL ASSOCIATION (ECIA) IN CONNECTION WITH THE SMART GRANT — METRO DUBUQUE TRAFFIC DATA AG- GREGATION FOR CONNECTED VEHICLES PROJECT FOR THE DMATS AREA Whereas, the City of Dubuque desires to support the development of an open interface to deliver near real-time transportation data to vehicles, as part of the SMART Grant — Metro Dubuque Traffic Data Aggregation for Con- nected Vehicles Project for the Dubuque Met- ropolitan Area Transportation Study (DMATS) area; and Page 450 of 1311 Book 154 Regular Session, October 21, 2024 364 Whereas, the East Central Intergovern- mental Association (ECIA) was awarded $2 million from the U.S. Department of Transpor- tation (DOT) SMART funding to develop this project, which will collect, standardize, and aggregate transportation data across local, regional, and state levels, ensuring the deliv- ery of real-time data for traffic conditions, road closures, and other related data to original equipment manufacturers and third -party stakeholders; and Whereas, the City of Dubuque will provide professional services to assist in the imple- mentation of this project, as outlined in the Scope of Services (Attachment A), and will collaborate with ECIA and its partners to en- sure successful project execution and pro- gress throughout the 18-month performance period, commencing in August 2024 and run- ning through February 2026; and Whereas, the City will invoice ECIA for services performed, up to $75,000, with monthly invoices submitted and payments due upon receipt, with provisions for amending the agreement if services exceed the initial limit; and Whereas, the proposed project will lever- age existing smart transportation infrastructure and ITS devices to deliver critical transporta- tion data directly to vehicles, enhancing safety, efficiency, and traffic flow across the Dubuque metropolitan area; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1: That the Mayor is hereby au- thorized to execute the Grant Funding Agree- ment for Services Between the City of Dubu- que and the East Central Intergovernmental Association (ECIA) in connection with the SMART Grant — Metro Dubuque Traffic Data Aggregation for Connected Vehicles Project for the DMATS area. Passed, approved, and adopted this 21 st day of October 2024 Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7. Bee Branch Stormwater Pumping Sta- tion — Phase IV of the Bee Branch Watershed Flood Mitigation Project (Project #5586500007) FEMA PDM Grant Agreement LPDM-PJ-07-IA-2024-001: Upon motion the documents were received and filed, and Reso- lution No. 327-24 Approving Subaward Agreement (Agreement No. LPDM-PJ-07-IA- 2024-001) with the Iowa Department of Home- land Security and Emergency Management and the Federal Emergency Management Agency to assist with Bee Branch Stormwater Pumping Station — Phase IV of the Bee Branch Watershed Flood Mitigation Project was adopted. RESOLUTION NO. 327-24 APPROVING SUBAWARD AGREEMENT (AGREEMENT NO. LPDM-PJ-07-IA-2024- 001) WITH THE IOWA DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT AND THE FEDERAL EMERGENCY MANAGEMENT AGENCY TO ASSIST WITH BEE BRANCH STORM - WATER PUMPING STATION — PHASE IV OF THE BEE BRANCH WATERSHED FLOOD MITIGATION PROJECT Whereas, on July 1, 2024, per Resolution 210-24, the City Council authorized staff to submit an application to the Iowa Department of Homeland Security and Emergency Man- agement (HSEMD) and the Federal Emergen- cy Management Agency (FEMA) pre -disaster mitigation grant program for the construction of a new stormwater pumping station at the 16th Street Detention Basin, and Whereas, on October 9, 2024, the Iowa Department of Homeland Security and Emer- gency Management and the Federal Emer- gency Management Agency approved the award of federal assistance with a Subaward Agreement with the City of Dubuque in the amount of $8,690,000.00; and Whereas, the City will be responsible for the lead agency role for administering the fed- eral assistance Subaward Agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQE, IOWA, THAT: Section 1. That said Subaward Agreement (Agreement No. LPDM-PJ-07-IA-2024-001) with the Iowa Department of Homeland Securi- ty and Emergency Management and the Fed- eral Emergency Management Agency to assist with funding for the Bee Branch Stormwater Pumping Station — Phase IV of The Bee Branch Watershed Flood Mitigation Project is hereby approved. Section 2. That the Mayor be authorized and directed to execute the Subaward Agree- ment (Agreement No. LPDM-PJ-07-IA-2024- 001) with the Iowa Department of Homeland Security and Emergency Management and the Federal Emergency Management Agency. Passed, approved and adopted this 215t day of October 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 8. Approval of Plat of Survey of Lot 186A Finley's Addition in the City of Dubuque, IA. For Vacating Petition (Agreement Between City of Dubuque and Interstate Power and Light Company): Upon motion the documents were received and filed, and Resolution No. 328-24 Approving Plat of Proposed Vacated Alley between the West line of Finley Street and the East Line of Bunker Hill Road, in Fin- ley's Addition to the City of Dubuque, in the Page 451 of 1311 Book 154 Regular Session, October 21, 2024 365 City of Dubuque, IA., to be known as Lot 186a Finley's Addition in the City Of Dubuque, IA. was adopted. RESOLUTION NO. 328-24 APPROVING PLAT OF PROPOSED VA- CATED ALLEY BETWEEN THE WEST LINE OF FINLEY STREET AND THE EAST LINE OF BUNKER HILL ROAD, IN FINLEY'S AD- DITION TO THE CITY OF DUBUQUE, IN THE CITY OF DUBUQUE, IA., TO BE KNOWN AS LOT 186A FINLEY'S ADDITION IN THE CITY OF DUBUQUE, IA. Whereas, there has been presented to the City Council of the City of Dubuque, IA., a plat dated April 11, 2023 prepared by Atwell Group, showing the proposed vacated Alley Between the West Line of Finley Street and the East Line of Bunker Hill Road, in Finley's Addition to the City of Dubuque, in the City of Dubuque, IA. and assigned a lot number there- to, to be known Lot 186A Finley's Addition in the City of Dubuque, IA.; 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, IA.: Section 1. That the plat dated April 11, 2024, prepared by Atwell Group, 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, IA. 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, IA. Passed, approved and adopted this 21 st day of October 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 9. Preliminary Plat of Miller North Cascade Subdivision: Upon motion the documents were received, filed, and approved. 10. Plat of Survey of Middle Fork Second Addition: Upon motion the documents were received and filed, and Resolution No. 329-24 Approving the Final Plat of Middle Fork Sec- ond Addition, In the City of Dubuque, IA. was adopted. RESOLUTION NO. 329-24 APPROVING THE FINAL PLAT OF MIDDLE FORK SECOND ADDITION, IN THE CITY OF DUBUQUE, IA. Whereas, there has been filed with the City Clerk a Final Plat of Middle Fork Second Addi- tion in the City of Dubuque, IA.; 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 DUBUQUE, IA.: Section 1. That Section 11-14(B) of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is waived regard- ing required street frontage on a public street or an approved private street for Lot 1 Middle Fork Second Addition. Section 2. That the Final Plat of Middle Fork Second Addition, in the City of Dubuque, IA. is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubu- que, IA. upon said Final Plat. Passed, approved and adopted this 215t day of October 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 11. Community Development Block Grant (CDBG) Subrecipient Agreement - Area Resi- dential Care: Upon motion the documents were received and filed, and Resolution No. 330-24 Authorizing Execution of CDBG Subre- cipient Agreement with Area Residential Care was adopted. RESOLUTION NO. 330-24 AUTHORIZING EXECUTION OF CDBG SUBRECIPIENT AGREEMENT WITH AREA RESIDENTIAL CARE Whereas, Area Residential Care prepared a request to improve the quality of existing affordable housing at Penn Community Living Home utilizing Community Development Block Grant funds; and Whereas, the City Council approved the CDBG Fiscal Year 2025/Program Year 2024 budget that included a budget for Area Resi- dential Care 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 resi- dents, meeting the CDBG National Objective of Low/Mod-Income Housing benefit, and eli- gible activity of 14A: Rehab, Single -Unit Resi- dential. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Page 452 of 1311 Book 154 Regular Session, October 21, 2024 366 Section 1. That the subrecipient agreement with Area Residential Care, beginning no sooner than October 21, 2024, be approved. Section 2. That the Mayor of the City of Dubuque is hereby authorized to execute said Agreement. Section 3. That the Mayor of the City of Dubuque Iowa is hereby authorized and di- rected to designate the City Manager or the Housing and Community Development De- partment Director to execute said Agreement and related documents on behalf of the City of Dubuque, IA. Passed, approved, and adopted this 21 st day of October 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 12. Community Development Block Grant 501h Anniversary Certificate of Appreciation: Upon motion the documents were received and filed. 13. FY'24 - FY'26 Audit Services Request for Proposal (RFP): Upon motion the docu- ments were received, filed, and approved. 14. Collateral Assignment of Development Agreement by and Between the City of Dubu- que and Metx, LLC: Upon motion the docu- ments were received and filed, and Resolution No. 331-24 Approving City Consent to Collat- eral Assignment of Development Agreement by And Between the City of Dubuque, IA. and Metx, LLC From Metx, LLC To Bankers Trust Company was adopted. RESOLUTION NO. 331-24 APPROVING CITY CONSENT TO COLLAT- ERAL ASSIGNMENT OF DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IA. AND METX, LLC FROM METX, LLC TO BANKERS TRUST COMPA- NY Whereas, The City of Dubuque, IA. (City) and Metx, LLC (Developer) entered into a De- velopment Agreement dated for reference pur- poses October 12, 2017, as amended (the Agreement); and Whereas, the Agreement provides for cer- tain rights and obligations for Developer; and Whereas, Developer desires to assign its rights and obligations to Bankers Trust Com- pany as collateral pursuant to the Collateral Assignment of Development Agreement at- tached hereto subject to City consent; and Whereas, City, as a party to the Agree- ment, desires to consent to the Collateral As- signment of Development Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. THAT: Section 1. The City consents to the at- tached Collateral Assignment of Development Agreement. Section 2. The Mayor is hereby authorized and directed to sign the Consent of City to Collateral Assignment of Development Agree- ment on behalf of the City of Dubuque. Passed, approved, and adopted this 215t day of October 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 15. Improvement Contracts / Performance, Payment, and Maintenance Bonds: Valentine Construction Co. for the Bunker Hill Golf Course Sinkhole Remediation Project; Peer- less Well & Pump for the 2024 Well No. 7 Re- habilitation Project Phase 2. Upon motion the documents were received, filed, and approved. 16. Civil Service Certified List - Police Of- ficer: Civil Service Commission submitted the certified list for the position of Police Officer. Upon motion the documents were received, filed, and made a Matter of Record. October 2, 2024 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, a written examination for the position of Police Officer was administered on September 21, 2024. We, The Civil Service Commission, hereby certify that the individuals listed below have passed this written examina- tion or are using a valid transfer score and any vacancies for the position of Police Officer should be filled from this list and that this list is good through March 12, 2025. Police Officer 1. Colton Bach - Transfer Score, 2. Alyssa Barrantes - Transfer Score, 3. Daniel Brimmer - Transfer Score, 4. Christopher Chase, 5. Davis DeMarais, 6. Sebastian Fox - Transfer Score, 7. Brice Fundell, 8. Steven Jonas, 9. Richard Kalpinski - Transfer Score, 10. Joseph Kimball, 11. Theodore Kruse, 12. Marcus Leit- zen - Transfer Score, 13. Ella Link - Transfer Score, 14. Camerin McClain, 15. John Michel - Transfer Score, 16. Jared Ostwinkle - Trans- fer Score, 17. Dalton Puccio, 18. Andres Sanchez, 19. Kenneth Schrader - Transfer Score, 20. Melissa Seaman - Transfer Score, 21. Nicholas Smith, 22. Derick Sweney, 23. Jaycob Thompson - Transfer Score, 24. Car- son Vaske, 25. Alex Ward, 26. Drake Wedel, 27. Dave Weiss - Transfer Score, 28. Braden Wink - Transfer Score Respectfully Submitted, /s/Danial White Civil Service Commissioner Page 453 of 1311 Book 154 Regular Session, October 21, 2024 367 17. FY24 Justice Assistance Grant (JAG) Application: City Manager recommended City Council approval to apply for the FY24 Justice Assistance Grant (JAG), complete the award documents, and submission by the Police De- partment. Upon motion the documents were received, filed, and approved. 18. Acceptance of the FY24 Law Enforce- ment Mental Health and Wellness Act Grant Award: City Manager recommended City Council accept the FY24 Law Enforcement Mental Health and Wellness Act grant award- ed to the City of Dubuque/Dubuque Police Department in the amount of $118,062. Upon motion the documents were received, filed, and approved. 19. Tobacco Compliance Settlement Agreements: City Manager recommended City Council approval of the following Tobacco Compliance Settlement Agreements and au- thorize the mayor to sign the agreements: BP Fuel, 1450 Loras Blvd; Kwik Stop #325, 1210 East 16th Street; Kwik Stop #84, 2335 Univer- sity Ave; Caseys, 4003 Peru Road; Pink Clouds Smoke Shop, 3301 Pennsylvania Ave; Moondog Music, 806 Wacker Dr; A&M Trad- ing, 1620 JFK Rd; Hartig Drug, 2255 Central Ave; Botanicanna, 55 JFK Rd; EZ Stop II, 700 Rhomberg. Upon motion the documents were received, filed, and approved. 20. Approval of Retail Alcohol Licenses: Upon motion the documents were received and filed, and Resolution No. 332-24 Approv- ing applications for retail alcohol licenses, as required by City of Dubuque Code of Ordi- nances Title 4 Business and License Regula- tions, Chapter 2 Liquor Control, Article B Liq- uor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 332-24 APPROVING APPLICATIONS FOR RETAIL ALCOHOL LICENSES, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANC- ES 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 re- quirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. 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 Dubuque Fine Liquor & Tobacco, 2196 White St. Renewals Aldi 81, 2596 Dodge St. Aldi 80, 2160 Holliday Dr. Baraboo's On Main, 345 Main St. Barrel House Dubuque, 299 Main St. Canfield Hotel, 36 West 4th St. Carlos O'Kelly's Mexican Cafe, 1355 Associ- ates Dr. Dimensional Brewing Co., 67 Main St. Dusty's Doghouse Lounge, 1646 Asbury Rd. Europa Haus Restaurant & Bierstube, 1301 Rhomberg Ave. Fast Freddy's, 3130 Jackson St. Happy Joe's Old Fashioned Ice Cream & Piz- za Parlor, 855 Century Dr. Huhot Mongolian Grill, 555 John F. Kennedy Rd. Suite 685 I'm On Arena, 1800 Admiral Sheehy Dr. Jumpers Sports Bar & Grill, 2600 Dodge St. Suite C Knickers Saloon, 2186 Central Ave. Kwik Stop 58, 3340 John F. Kennedy Rd. Lina's Lounge, 580, 2055 Holliday Dr. Loras College - Athletic and Wellness Center, 1600 Loras College Parkway Wicked Dame, 214 West 1st St. Yen Ching Restaurant, 926 Main St. Special Event(s) per Special Event Application Submittal The Som - 10/26/24 to 10/30/24, Eagle Point Park, 2601 Shiras Ave. Gary Dolphins Bar - 11/9/24 to 11/13/24, 333 East loth St. Provisional Issuances Dubuque Jaycees Millwork Night Market - 10/6/24 to 10/10/24, East 7th to 9th & Jackson St plus East 8th to Elm St. Passed, approved, and adopted this 21 st day of October 2024. 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. Setting a Public Hearing - Petition to Va- cate the Alley Right of Way in the block bounded by Finley Street, Green Street, and Page 454 of 1311 Book 154 Regular Session, October 21, 2024 368 Bunker Hill Road in Finley's Addition in the City of Dubuque, IA. For Vacating Petition (Agreement Between City of Dubuque and Interstate Power and Light Company): Upon motion the documents were received and filed and Resolution No. 333-24 Intent to vacate and dispose of the alley between the West Line of Finley Street and the East Line of Bun- ker Hill Road, in Finley's Addition to the City of Dubuque, in the City of Dubuque, IA., to be known as Lot 186a Finley's Addition in the City of Dubuque, IA. was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on November 4, 2024 in the Historic Fed- eral Building. RESOLUTION NO. 333-24 RESOLUTION OF INTENT TO VACATE AND DISPOSE OF THE ALLEY BETWEEN THE WEST LINE OF FINLEY STREET AND THE EAST LINE OF BUNKER HILL ROAD, IN FINLEY'S ADDITION TO THE CITY OF DUBUQUE, IN THE CITY OF DUBUQUE, IA., TO BE KNOWN AS LOT 186A FINLEY'S ADDITION IN THE CITY OF DUBUQUE, IA. Whereas, the City of Dubuque has entered into an agreement with Interstate Power Com- pany for the conveyance of City Owned prop- erty comprised of the Alley Between the West Line of Finley Street and the East Line of Bun- ker Hill Road, in Finley's Addition to the City of Dubuque, in the City of Dubuque, IA. to ac- commodate the construction of a new power substation facility; and Whereas, Interstate Power and Light Com- pany has requested the vacation of the Alley Between the West Line of Finley Street and the East Line of Bunker Hill Road, in Finley's Addition to the City of Dubuque, in the City of Dubuque, IA. and the conveyance of said property to Interstate Power and Light Compa- ny per said agreement; and Whereas, Atwell Group has prepared and submitted to the City Council a plat showing the proposed vacated Alley Between the West Line of Finley Street and the East Line of Bun- ker Hill Road, in Finley's Addition to the City of Dubuque, in the City of Dubuque, IA. and as- signed a lot number thereto, to be known as Lot 186A Finley's Addition in the City of Dubu- que, IA.. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the City of Dubuque in- tends to vacate and dispose of Lot 186A Fin- ley's Addition in the City of Dubuque, IA. Section 2. That a public hearing on the in- tent to vacate and dispose of Lot 186A Finley's Addition in the City of Dubuque, IA., Iowa is hereby set for the 4th day of November, 2024, at the Historic Federal Building, 350 W. 6th Street, Dubuque, IA., beginning at 6:30 p.m., and the City Clerk be and is hereby authorized and directed to cause a notice of public hear- ing on the intent to vacate said real estate to be published in the manner as prescribed by law. Passed, approved and adopted this 215t day of October 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Kerper Boulevard Lift Station Project - Initiate Public Bidding Process and Setting Date for a Public Hearing: Upon motion the documents were received and filed and Reso- lution No. 334-24 Kerper Boulevard Lift Station Project: Preliminary Approval of Plans, Speci- fications, Form Of Contract, and Estimated Cost; Setting Date of Public Hearing on Plans, Specifications, Form Of Contract, and Esti- mated Cost; and ordering the advertisement for bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on November 4, 2024 in the Historic Federal Building. RESOLUTION NO. 334-24 KERPER BOULEVARD LIFT STATION 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 DUBUQUE, IA.: Section 1. The proposed plans, specifica- tions, form of contract and estimated cost for the Kerper Boulevard Lift Station Project in the estimated construction amount of $1,626,615.00, 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 4th day of November, 2024, at 6:30 p.m. in the Historic Federal Building Council Cham- bers 350 W. 6th Street, Dubuque, IA., at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general cir- culation in the City of Dubuque, IA., which no- tice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of con- tract, or estimated cost of the Project. Page 455 of 1311 Book 154 Regular Session, October 21, 2024 369 Section 3. The Kerper Blvd Lift Station Pro- ject is hereby ordered to be advertised for bids for construction. Section 4. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. Section 5. The City Engineer is hereby 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 contrac- tor plan room service with statewide circula- tion, 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 21st day of November 2024. 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 2"d day of December 2024, in the Historic Federal Build- ing Council Chambers 350 West 61h Street, Dubuque, IA. Passed, adopted and approved this 21 st day of October 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Broadway Sanitary Sewer Improve- ments Project - Initiate Public Bidding Process and Setting Date for a Public Hearing Project No. 5581500046: Upon motion the documents were received and filed and Resolution No. 335-24 Broadway Street Sanitary Sewer Im- provement 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 adver- tisement for bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on November 4, 2024 in the Historic Fed- eral Building. RESOLUTION NO. 335-24 BROADWAY STREET SANITARY SEWER IMPROVEMENT PROJECT, 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; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The proposed plans, specifica- tions, form of contract and estimated cost for the Broadway Street Sanitary Sewer Im- provement Project in the estimated construc- tion amount of $321,946.00, are hereby pre- liminarily approved and ordered filed in the office of the City Clerk for public inspection. Section 2. A public hearing will be held on the 4th day of November, 2024, at 6:30 p.m. in the Historic Federal Building Council Cham- bers 350 W. 6th Street, Dubuque, IA., at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general cir- culation in the City of Dubuque, IA., which no- tice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of con- tract, or estimated cost of the Project. Section 3. The Broadway Street Sanitary Sewer Improvement Project is hereby ordered to be advertised for bids for construction. Section 4. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. Section 5. The 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 contrac- tor plan room service with statewide circula- tion, 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 7th day of November 2024. 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 18th day of No- vember 2024, in the Historic Federal Building Council Chambers (and/or by virtual means) 350 West 6th Street, Dubuque, IA. Passed, adopted and approved this the 21st day of October 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Ruby Sutton Building 2"d Floor Renova- tion Project - Initiate Public Bidding: Upon mo- tion the documents were received and filed and Resolution No. 336-24 Ruby Sutton Build- ing 2"d Floor Renovation Project: Preliminary approval of Plans, Specifications, Form of Contract, and Estimated Cost; setting date of public hearing on Plans, Specifications, Form of Contract, and Estimated Cost; and ordering the advertisement for bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on November 4, 2024 in the Historic Federal Building. Page 456 of 1311 Book 154 Regular Session, October 21, 2024 370 RESOLUTION NO. 336-24 RUBY SUTTON BUILDING 2ND FLOOR RENOVATION PROJECT, 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; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The proposed plans, specifica- tions, form of contract and estimated cost for the Ruby Sutton Building 2"d Floor Renovation Project in the estimated Base Bid amount of $840,000.00, 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 4th day of November, at 6:30 p.m. in the Historic Federal Building Council Chambers 350 W. 6th Street, Dubuque, IA., at which time interested persons may appear and be heard for or against the proposed plans and specifi- cations, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be pub- lished in a newspaper having general circula- tion in the City of Dubuque, IA., which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of con- tract, or estimated cost of the Project. Section 3. Ruby Sutton Building 2nd Floor Renovation Project is hereby ordered to be advertised for bids for construction. Section 4. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. Section 5. The City Engineer is hereby 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 contrac- tor plan room service with statewide circula- tion, 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 pm on the 21 st day of November, 2024. 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 2"d day of December 2024, in the Historic Federal Build- ing Council Chambers (and/or by virtual means), 350 West 6th Street, Dubuque, IA. Passed, approved and adopted this 21st day of October 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Setting a Public Hearing to approve the Revised Administrative Plan for the Housing Choice Voucher Program: Upon motion the documents were received and filed and Reso- lution No. 337-24 Setting A Public Hearing to Review and Approve the Public Housing Au- thority's Administrative Plan was adopted set- ting a public hearing for a meeting to com- mence at 6:30 p.m. on November 4, 2024, in the Historic Federal Building. RESOLUTION NO. 337-24 SETTING A PUBLIC HEARING TO REVIEW AND APPROVE THE PUBLIC HOUSING AUTHORITY'S ADMINISTRATIVE PLAN Whereas, the City of Dubuque is designat- ed 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 & Community De- velopment Department will adopt the revisions to the Public Housing Authority Administrative Plan, subject to City Council approval. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the City Council will meet in the Historic Federal Building, Council Chambers, 2"d Floor, 350 West 6th Street, Dubuque, IA. at 6:30 p.m. on November 4, 2024, for the purpose of holding a public hear- ing and taking action to approve the Public Housing Authority Voucher Payment Standard changes to the Administrative Plan for the Housing Choice Voucher Program. 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 intent to review and approve the Public Hous- ing Authority Administrative Plan. Passed, approved and adopted this 215t day of October 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Resolution Setting a Public Hearing on a Proposed Development Agreement by and between the City of Dubuque, IA. and Dubu- que Housing, LLC: Upon motion the docu- ments were received and filed and Resolution No. 338-24 Fixing the Date for A Public Hear- ing of The City Council of The City of Dubu- que, IA. On A Development Agreement by And Between the City of Dubuque, IA. And Page 457 of 1311 Book 154 Regular Session, October 21, 2024 371 Dubuque Housing, 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 November 4, 2024, in the Historic Federal Building. RESOLUTION NO. 338-24 FIXING THE DATE FOR A PUBLIC HEAR- ING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. ON A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IA. AND DUBUQUE HOUS- ING, 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 Dubuque Housing, LLC have tentatively 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, Dubuque, IA. for the development of property located along Radford Road; and Whereas, the City Council has tentatively determined that it would be in the best inter- ests of the City to approve the Development Agreement, with Dubuque Housing, 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 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 DUBUQUE, IA.: 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 4th day of November 2024 at 6:30 p.m. The official agenda will be posted on Friday, November 1, 2024, and will contain listening, viewing, and public input options. The City Council agenda can be accessed at https:Hdubuqueia.portal. civicclerk.com/ 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 Re- newal Tax Increment Revenue obligations and the execution of the Development Agreement relating thereto with Dubuque Housing, 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 Emri Urban Renewal Area, consisting of the funding of economic developments grants to Dubuque Housing, LLC pursuant to the Development Agreement. It is expected that the aggregate amount of the Tax Incre- ment Revenue obligations to be issued will be approximately $500,000. 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 attached hereto. Passed, approved and adopted this 215t day of October, 2024. 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. 1. Catfish Creek Watershed Management Authority: One, 4-Year term through July 16, 2028 (Vacant term of McGovern). Applicant: William H. Hendricks, 1801 S. Grandview. 2. Equity and Human Rights Commission: One, 3-Year term through January 1, 2026 (Vacant term of Sanchez). Applicants: Lusele- na Bravo, 781 Cottage Place; Traci Phillipson, 2120 Rhomberg Ave. Appointments were made to the following boards/commissions. 1. Resilient Community Advisory Commis- sion: Two, 3-Year terms through July 1, 2027 (Vacant terms of Hoffman and Connolly). Ap- plicants: Nolan Bielinski, 654 Kane St. — Addi- tional Applicant; Rachel Schmidt Boeke, 1241 Jackson St. Motion by Jones to appoint Biel- inski and Schmidt Boeke to the terms. Se- conded by Wethal. Motion carried 7-0. Page 458 of 1311 Book 154 Regular Session, October 21, 2024 372 2. Zoning Advisory Commission: One, 5- Year term through July 1, 2027 (Vacant term of Sempf). Applicant: Troy Froistad, 477 West 3rd St. Motion by Roussell to appoint Froistad to the term. Seconded by Sprank. Motion car- ried 7-0. PUBLIC HEARINGS 1. Request to Rezone 1000 Cedar Cross Road: 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. Planning Services Director Wally Wernimont provided a staff report. Applicant Samantha Wright, 1449 Miller Rd., spoke in favor of the request. In response to City Council's questions, Werni- mont explained that comprehensive rezoning typically takes place during a Unified Devel- opment Code (UDC) update, which the City will be undergoing soon. Regarding a question on business licenses, he noted that while some cities require a general business license, implementing such a requirement in Dubuque would necessitate additional staff and funding. City Council members expressed support for the rezoning and emphasized the importance of educating businesses on the city's require- ments. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 59-24 Amending Title 16 of the City of Dubuque Code of Ordi- nances, Unified Development Code, by reclas- sifying hereinafter Described Property located at 1000 Cedar Cross Road from CS Commer- cial Service and Wholesale District To C-3 General Commercial District. Seconded by Resnick. Motion carried 7-0. ORDINANCE NO. 59-24 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLAS- SIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1000 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, IA.: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code, is hereby amended by reclassi- fying the hereinafter —described property from CS Commercial Service and Wholesale Dis- trict to C-3 General Commercial District, to wit: Lot 3 of Block 6 of "Cedar Cross Indus- trial Park", and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, IA. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, IA. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved and adopted this 21st day of October, 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Resolution Adopting the Proposed Amended and Restated Urban Renewal Plan for the North Cascade Road Housing Urban Renewal Area, Version 2024.1: Motion by Roussell to receive and file the documents and adopt Resolution No. 339-24 Approving the Amended and Restated Urban Renewal Plan for The North Cascade Road Housing Urban Renewal Area. Seconded by Wethal. Motion carried 7-0. RESOLUTION NO. 339-24 APPROVING THE AMENDED AND RE- STATED URBAN RENEWAL PLAN FOR THE NORTH CASCADE ROAD HOUSING URBAN RENEWAL AREA Whereas, by Resolution 296-24 approved on September 16, 2024, the City Council of the City of Dubuque, IA. authorized the prepara- tion of an Amended and Restated Urban Re- newal Plan (the "Amended and Restated Plan") for the North Cascade Road Housing Urban Renewal Area (the "Area"); and Whereas, the City of Dubuque's primary objective for the Amended and Restated Plan is to provide opportunities which will further housing and residential development as de- fined by Iowa Code Section 403.17(12), as described in the Plan; and Whereas, a consultation process has been undertaken with the affected taxing entities in accordance with Chapter 403 of the Code of Iowa with no written objections or recom- mended changes to the Amended and Restat- ed 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 Amend- ed and Restated Urban Renewal Plan after public notice thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the Amended and Restated Urban Renewal Plan for the North Cascade Road Housing Urban Renewal Area, Version 2024.1, 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, IA. is hereby authorized and di - Page 459 of 1311 Book 154 Regular Session, October 21, 2024 373 rected to file a certified copy of this Resolution in the office of the Dubuque County Auditor. Passed, approved and adopted this 21 st day of October 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder. City Clerk 3. Proceedings to Hold Public Hearing on the Issuance of Not to Exceed $27,000,000 Sewer Revenue Capital Loan Notes (State Revolving Loan Fund Program) Old Mill Rd. Lift Station and Force Main Project — Phase I: Motion by Sprank to receive and file the doc- uments and adopt Resolution No. 340-24 Tak- ing additional action on proposal to enter into a Sewer Revenue Loan and Disbursement Agreement. Seconded by Farber. Motion car- ried 7-0. RESOLUTION NO. 340-24 TAKING ADDITIONAL ACTION ON PRO- POSAL TO ENTER INTO A SEWER REVE- NUE LOAN AND DISBURSEMENT AGREE- MENT 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 establishment; 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 in prior proceedings of the Council, and a portion of such prior sewer revenue debt remains out- standing (the "Outstanding 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 has heretofore proposed to contract indebtedness and enter into a cer- tain Sewer Revenue Loan and Disbursement Agreement (the "Agreement") and to borrow money thereunder in a principal amount not to exceed $27,000,000, pursuant to the provi- sions of Section 384.24A of the Code of Iowa, for the purpose of paying the cost, to that ex- tent, of planning, designing and constructing improvements and extensions to the Utility, and has published notice of the proposed ac- tion and has held a hearing thereon on October 21, 2024. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA., AS FOLLOWS: Section 1. The City Council hereby deter- mines to enter into the Agreement in the future and orders that Sewer Revenue Bonds be issued at such time in evidence thereof. The City Council further declares that this resolu- tion constitutes the "additional action" required by Section 384.24A of the Code of Iowa. Section 2. All resolutions or parts thereof in conflict herewith are hereby repealed, to the extent of such conflict. Section 3. This resolution shall be in full force and effect immediately upon its adoption and approval, as provided by law. Passed, approved and adopted this 21st day of October 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder. City Clerk ACTION ITEMS 2. Submission of Fiscal Year Ended June 30, 2023, Annual Comprehensive Financial Report (ACFR) and Results of the 2023 Finan- cial Statement Audit, Including Required Communications: Motion by Rousell to receive and file the documents and listen to the presentation. Seconded by Wethal. Finance Manager Brian DeMoss presented on the Fis- cal Year 2023 Annual Comprehensive Finan- cial Report (ACFR) and Results of the 2023 Financial Statement Audit. City Council mem- bers commended City staff for their efforts on the audit and highlighted the portion of general fund expenditures dedicated to public safety. Motion carried 7-0. 3. Five Flags Civic Center FY 24 Annual Report Presentation: Motion by Resnick to receive and file the documents and listen to the presentation. Seconded by Wethal. Five Flags Civic Center General Manager Aaron Rainey presented the FY 24 annual report and activities. In response to City Council ques- tions, Rainey noted that the drop in attendance reflects an industry -wide trend and that facility costs have risen. Leisure Services Director Marie Ware outlined the next steps for the facility, noting that funding has been allocated to initiate the planning process. She added that the Capital Improvement Plan (CIP) budg- et includes funding spread over four years to carry out the planned projects. City Council members discussed the influence of market conditions on attendance, the facility's long- term viability, and expressed interest in holding another discussion on its future ahead of the Fiscal Year 2026 budget hearings. The recent passing of long-time Civic Center Advisory Commission commissioner Rod Bakke was Page 460 of 1311 Book 154 Regular Session, October 21, 2024 374 acknowledged, with Rainey and City Council members praising his dedicated service. Mo- tion carried 7-0. 4. Request for Proposals for Leisure Ser- vices Comprehensive Master Plan Consultant Services: Motion by Sprank to receive and file the documents and approve the Request for Proposals (RFP) for Leisure Services Com- prehensive Master Plan Consultant Services and direct staff to post the RFP and initiate the consultant selection process. Seconded by Jones. City Council members discussed the importance of the plan and expressed their expectation that it will highlight both the strengths and areas for improvement in the city's parks. Motion carried 7-0. 5. Creation of a Precision Policing Center: Motion by Farber to receive and file the docu- ments and approve establishing a Precision Policing Center (PPC). Seconded by Jones. Jensen made a presentation on the PPC. In response to Council questions, Jensen ex- plained that the PPC will be housed in a com- puter room at the Dubuque Law Enforcement Center, that establishing a PPC does not have an immediate budget impact, and that the PPC will not replace officer interactions with the public. Van Milligen noted that the Police De- partment will continue its School Resource Officer (SRO) and Community Oriented Polic- ing programs. Van Milligen and Jensen noted the significant collaborative effort by multiple city departments, including Police and Infor- mation Technology (IT), in developing this proposal. City Council members recommend- ed that job descriptions for positions support- ing the PPC be specific and proposed consid- ering part-time roles to document civilian re- ports. They also stressed the importance of preserving personal connections with resi- dents. Motion carried 7-0. 6. Iowa Amphitheater on Schmitt Island Project Bid Backage No. 1 (Site Demolition & Mass Grading) Award Public Improvement Contract Project Code: 5575000022, 3049900010: Motion by Roussell to receive and file the documents and adopt Resolution No. 341-24 Awarding Public Improvement Contract for the Iowa Amphitheater on Schmitt Island Project — Bid Package No. 1 (Site Dem- olition & Mass Grading). Seconded by Sprank. Motion carried 7-0. RESOLUTION NO. 341-24 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE IOWA AMPHITHEATER ON SCHMITT ISLAND PROJECT — BID PACKAGE NO. 1 (SITE DEMOLITION & MASS GRADING) Whereas, sealed proposals have been submitted by contractors for the Iowa Amphi- theater on Schmitt Island Project — Bid Pack- age No. 1 (Site Demolition & Mass Grading), (the Project) pursuant to Resolution No. 294- 24 and Notice to Bidders published on the City of Dubuque, IA. website and plan room service with statewide circulation on the 20th day of September 2024; and Whereas, said sealed proposals were opened and read on the 14th day of October 2024 and it has been determined that Eastern Iowa Excavating & Concrete LLC of Cascade, Iowa, in the bid amount of $819,676.45, is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That a Public Improvement Con- tract for the Project is hereby awarded to Eastern Iowa Excavating & Concrete LLC and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, approved, and adopted this 21 st day of October 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 7. Work Session Request: Microsoft Co - Pilot Implementation Strategy: Motion by Wethal to receive and file the documents and schedule the work session for November 4, 2024, at 5:30 p.m. Seconded by Resnick. Mo- tion carried 7-0. 8. Work Session Request: Update on Grant Initiatives and Grant Funding: Motion by Wethal to receive and file the documents and schedule the work session for November 4, 2024, at 6:00 p.m. Seconded by Sprank. Mo- tion carried 7-0. 9. Work Session Request: Greater Dubu- que Development Corporation - Retail Strate- gies Findings and Recommendations: Motion by Jones to receive and file the documents and schedule the work session for December 16, 2024, at 5:15 p.m. Seconded by Wethal. Motion carried 7-0. 10. Dubuque Regional Airport Solar Array Ribbon -Cutting Video: Motion by Sprank to receive and file the documents and view the video. Seconded by Farber. Media Services showed a video summary of the ribbon -cutting ceremony to recognize the completion of a new solar array project at the Dubuque Re- gional Airport. The video can be viewed at https://youtu.be/EzMnxtA-H68 A video of the full event can be viewed at https://youtu.be /1 Koxdz3mbvo. Motion carried 7-0. Page 461 of 1311 375 Special Session, November 4, 2024 Book 154 11. Delivering Dubuque Video: Restoring Commercial Air Service: Motion by Sprank to receive and file the documents and view the video. Seconded by Wethal. Media Services showed the Delivering Dubuque episode re- garding the community's efforts to restore, retain, and expand air service for the region. The video can be viewed at https://voutu.be/WvYVadiQ9X8?si=dNB bAm wmel668wi. City Council Members commend- ed the video. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Sprank reported on partic- ipating in a clean-up of the Bee Branch and the North End Neighborhood Association's upcoming Trunk or Treat event. Council Member Farber reported on at- tending meetings related to her service on NLC and Federal Communications Commis- sion (FCC) committees. Council Member Jones reported on the Io- wa Association of Solid Waste Operators Con- ference, the Dubuque Regional Airport Solar Array Ribbon -Cutting, the Dubuque Main Street Awards, and the Tri-State Emergency Responders Conference. Mayor Cavanagh announced the release of the first episode of the Iowa League of Cities (ILC) podcast, Leading Iowa. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 9:59 p.m. to discuss Pending Litigation and Purchase or Sale of Real Estate — Chap- ter 21.5(1)(c),(j) Code of Iowa. Seconded by Resnick. 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 10:25 p.m. stating that staff had been given proper direction. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 10:25 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 4, 2024, 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 Attorney 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 Microsoft Co -Pilot Implementation and a Grant Initiatives and Grant Funding up- date. WORK SESSIONS Microsoft Co -Pilot Implementation Chief Information Officer Chris Kohlmann presented on the City's strategy and plans for the implementation of Microsoft CoPilot. City Council Members discussed the upcoming launch of the National League of Cities (NLC) Pilot on Artificial Intelligence (AI), anticipated future developments in Al, and expressed in- terest in learning more about the training that will be provided to city staff. This work session concluded at 5:59 p.m. Update on Grant Initiatives and Grant Funding Director of Strategic Partnerships Teri Goodmann, Technical Grant Analyst/Assistant Justin Thiltgen, and Andrew Seth of Sustaina- ble Strategies DC provided an update on grant initiatives and grant funding. A video message from President Joe Biden congratulating Goodmann on her upcoming retirement was also shown. There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:29 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk Page 462 of 1311 376 Regular Session, November 4, 2024 Book 154 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 4, 2024, 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 Attorney Brumwell. Mayor Cavanagh read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PROCLAMATIONS 1. Hospice and Palliative Care Month (No- vember 2024) was accepted by Executive Di- rector Lavonne Noel and Board Member Carole Caroll on behalf of Hospice of Dubu- que. 2. National League of Cities Centennial Day (November 7, 2024) was accepted by Mayor Cavanagh on behalf of the City of Dubuque. 3. The 1501h Anniversary Year of the Sis- ters of the Presentation (November 13, 2024) was accepted by Sisters Carmen Hernandez, Marilyn Breen and Marilou Irons on behalf of the Sisters of the Presentation of the Blessed Virgin Mary of Dubuque, IA. 4. Pancreatic Cancer Awareness Day (No- vember 21, 2024) was accepted by President Diane Oglesby on behalf of the Michael W. Oglesby Foundation. 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: Airport Commission of September 24, 2024; Arts & Cultural Affairs Advisory Commission of Sep- tember 24, 2024; Cable Television Commis- sion of February 28, 2024; Community Devel- opment Advisory Commission of September 4, 2024; Equity and Human Rights Commission of September 10, 2024; Five Flags Civic Cen- ter Commission of June 13, 2024; Historic Preservation Commission of September 19, 2024; Housing Commission of July 23, 2024; Park and Recreation Commission of August 13 and September 10, 2024; Resilient Community Advisory Commission of September 5, 2024. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Jacqueline Fetter for personal injury; Roger Wilming for vehicle damage; State Farm Mutual Insurance a/s/o Casey Smith 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: Jacqueline Fetter for personal injury; Roger Wilming for vehicle damage. Upon mo- tion the documents were received, filed, and concurred. 4. Approval of City Expenditures: Upon motion the documents were received and filed, and Resolution No. 342-24 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. 342-24 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 generally accepted internal control procedures and have been determined to have been req- uisitioned for a lawful municipal purpose; and Whereas, the Chief Financial Officer -City Treasurer has provided a list of Expenditures attached hereto, and by this reference made a part hereof, to be drawn to pay for goods and services provided for City purposes; and Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142-18 adopted May 7, 2018, authorized the Chief Financial Officer -City Treasurer to issue Page 463 of 1311 Book 154 Regular Session, November 4, 2024 377 checks in payment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. 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 Financial Officer are hereby authorized and directed to provide the statement of receipts and disbursements to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 4th day of November 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Reimbursement Resolution — Fire Facili- ties and Equipment: Upon motion the docu- ments were received and filed, and Resolution No. 343-24 Relating to the financing of pro- posed projects and acquisitions to be under- taken by the City of Dubuque, IA.; establishing compliance with reimbursement bond regula- tions under the Internal Revenue Code was adopted. RESOLUTION NO. 343-24 RELATING TO THE FINANCING OF PRO- POSED PROJECTS AND ACQUISITIONS TO BE UNDERTAKEN BY THE CITY OF DUBU- QUE, IA.; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULA- TIONS UNDER THE INTERNAL REVENUE CODE BE IT RESOLVED BY THE CITY COUN- CIL (THE "COUNCIL") OF THE CITY OF DUBUQUE, IA. (THE "CITY"), AS FOLLOWS: Section 1. Recitals a. The Internal Revenue Service has is- sued Section 1.150-2 of the Income Tax Regulations (the "Regulations") dealing with the issuance of bonds, all or a portion of the proceeds of which are to be used to reimburse the City for project expenditures made by the City prior to the date of issuance. b. The Regulations generally require that the City make a prior declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued borrowing and that the borrowing occur and the reimbursement allocation be made from the proceeds of such borrowing within a certain period after the pay- ment of the expenditure or the date the projects are placed in service; and c. The City desires to comply with re- quirements of the Regulations with re- spect to certain projects and acquisi- tions hereinafter identified. Section 2. Official Intent Declaration. a. The City proposes to undertake the fol- lowing projects and acquisitions and to make original expenditures with respect thereto prior to the issuance of bonds, notes or other obligations (the "Bonds") and reasonably expects to issue the Bonds for such projects and acquisi- tions in the maximum principal amount shown below: Projects / Acquisitions: Undertaking capital improvements to municipal fire protection buildings and facilities and acquiring vehicles and equipment for the municipal fire department, Maximum Amount of Bonds Ex- pected to be Issued for Pro- jects/Acquisitions: $4,000,000 b. Other than (i) expenditures to be paid or reimbursed from sources other than the Bonds or (ii) expenditures made not earlier than sixty days prior to the date of this Resolution 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 defined in Section 1.150-2(f)(2) of the Regulations, no ex- penditures for the projects and acquisi- tions have heretofore been made by the City for which the City will seek re- imbursement from the proceeds of the Bonds. c. This declaration is a declaration of offi- cial intent adopted pursuant to Section 1.150-2 of the Regulations. Section 3. Budgetary Matters - As of the date hereof, there are no City funds reserved, allocated on a long term basis or otherwise set aside (or reasonably expected to be reserved, allocated on a long term basis or otherwise set aside) to provide permanent financing for the expenditures related to the projects and acqui- sitions, other than pursuant to the issuance of the Bonds. This resolution, therefore, is deter- mined to be consistent with the City's budget- ary and financial circumstances as they exist or are reasonably foreseeable on the date hereof, all within the meaning and content of the Regulations. Section 4. Reimbursement Allocations - The City's finance officer shall be responsible for making the "reimbursement allocations" described in the Regulations, being generally Page 464 of 1311 Book 154 Regular Session, November 4, 2024 378 the transfer of the appropriate amount of pro- ceeds of the Bonds to reimburse the source of temporary financing used by the City to make payment of the prior costs of the projects and acquisitions. Each allocation shall be evi- denced by an entry on the official books and records of the City maintained for the Bonds, shall specifically identify the actual prior ex- penditure being reimbursed or, in the case of reimbursement of a fund or account, the fund or account from which the expenditure was paid, and shall be effective to relieve the pro- ceeds of the Bonds from any restriction under the bond resolution or other relevant legal documents for the Bonds, and under any ap- plicable state statute, which would apply to the unspent proceeds of the Bonds. Section 5. Repealer - All resolutions, parts of resolutions, or actions of the City Council in conflict herewith are hereby repealed, to the extent of such conflict. Passed, approved, and adopted this 4th day of November 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Tschiggfrie Parcel: Upon motion the documents were received and filed, and Reso- lution No. 344-24 Accepting the Deed to Cer- tain Real Estate in Dubuque County, IA. From Edward and Joan Tschiggfrie was adopted. RESOLUTION NO. 344-24 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IA. FROM EDWARD AND JOAN TSCHIGGFRIE Whereas, Edward and Joan Tschiggfrie are the owners of the following real estate Lot A of Lot 2 of Lot 1 of "Lott's Subdi- vision", in Section 1, Table Mound Township, in the City of Dubuque, IA., according to the recorded plats thereof, subject to easements of record (the Property); and Whereas, in 2002, the City of Dubuque prepared an Acquisition Plat for the Property the intent of which was to allow Edward and Joan Tschiggfrie to convey the Property to the City; and Whereas, the intended conveyance was not finalized; and Whereas, Edward and Joan Tschiggfrie have now requested that the City accept the deed to the Property a copy of which is at- tached hereto; and Whereas, the City Council finds that the deed should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA., AS FOLLOWS: 1. The City of Dubuque, IA., hereby ac- cepts the Deed from Edward and Joan Tschiggfrie, a copy of which is attached here- to. 2. The City Clerk is hereby authorized and directed to record this Resolution and the Deed with the Dubuque County Recorder. Passed, approved and adopted this 4th day of November 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7. City Hall Annex Roof Replacement Pro- ject - Project Code: 5565000001: Upon motion the documents were received and filed, and Resolution No. 345-24 Accepting the City Hall Annex Roof Replacement Project and Author- izing Final Payment to The Contractor was adopted. RESOLUTION NO. 345-24 ACCEPTING THE CITY HALL ANNEX ROOF REPLACEMENT PROJECT AND AUTHOR- IZING FINAL PAYMENT TO THE CON- TRACTOR Whereas, the Public Improvement Contract for the City Hall Annex Roof Replacement Pro- ject (the Project) has been completed by the contractor, Giese Roofing Co. (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 $182,160.00; and Whereas, the Contractor has previously been paid $173,052.00, leaving a balance of $9,108.00; 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, IA.: Section 1. The recommendation of the City Engineer is approved, and the Project is here- by accepted. Section 2. The Director of Finance and Budget is hereby directed to pay the balance of the retainage of $9,108.00 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 4th day of November 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 8. 2024-2026 Dubuque City Council Goals & Priorities Handout: Upon motion the docu- ments were received and filed. 9. Updated Housing Incentives - New Units Handout: Upon motion the documents were received and filed. Page 465 of 1311 Book 154 Regular Session, November 4, 2024 379 10. Housing Commission Cross Represen- tation Appointment: Housing Commission re- quested City Council approval on the appoint- ment of commissioner Renee Kehoe, 1209 Lincoln Ave., to the Cross Representation term on the Community Development Advisory Commission that will expire on August 17, 2027. Upon motion the documents were re- ceived, filed, and approved. 11. Grass and weed cutting and garbage collection assessments: Upon motion the doc- uments were received and filed, and Resolu- tion No. 346-24 Authorizing the City to Collect Delinquent Grass and Weed Cutting and Gar- bage Collection Charges in Accordance with Title 6-4-3A And Title 6-8-2 Of the Code of Ordinances of The City of Dubuque, IA. was adopted. RESOLUTION NO. 346-24 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 ORDINANC- ES 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 Officer 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, IA.: 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, IA., 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 4th day of November 2024. Brad M Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk Schedule of Assessments Delinquent Grass and Weed Cutting and Gar- bage Collection, Location; Owner; Parcel #; Amount; Category 2123 Broadlawn; Lot 2 Blk 6 Hillcrest Park; Freedom Properties LLC 973 Richards Rd Dubuque IA 52003; 1022329005; $213.36; garbage 1116 Rhomberg; Lot 24 Fengler's Add; Zen- ner, Keith Scott 19349 Fettkether Ln Duran- go IA 52039; 1118317002; $233.36; garbage 2415 Queen; Lot 2-68 Stafford's Add; Schmitt, Gary C 41513 Heiderscheit Rd Holy Cross IA 52053; 1013452027; $272.36; garbage 460 W Locust; Lot 2-1 & 2-3 Bowens Sub; Mid America Property Management LLC PO Box 1572 Dubuque IA 52004; 1024179004; $226.36; garbage 2135 Jackson; Lot 1-S 36.6'-E 1/2-Lot 37 L H Langworthy's Add; Mid America Property Management LLC PO Box 1572 Dubuque IA 52004; 1024208017; $251.36; garbage 2401 Windsor; Lot 1 of the Sub of Lots 1 & 2- 2; And Lot 1-2 Both in Windsor Ave Sub; JK Investments LLC 9120 Long Tail Ln Dubu- que IA 52003; 1013453029; $213.36; gar- bage 2286 Central; W 1/2-S 1/2-Lot 18 & W 1/2- N 1/4-Lot 16P L H Langworthy's Add; Wells Fargo Bank 1 Home Campus Des Moines IA 50328; 1024130003; $278.36; garbage 12. School Resource Officer Contract with Dubuque Community School District: Upon motion the documents were received, filed, and approved. 13. Iowa Department of Transportation HMA Resurfacing and Paved Shoulders Pro- ject Notification: Correspondence from Jesse Tibodeau, Assistant District Engineer, notifying the City Council of HMA resurfacing and HMA paved shoulders on US-20 from Swiss Valley to Old Highway Road. Upon motion the docu- ments were received and filed. 14. Signed Contract(s): Tricon General Construction, Inc. for the Old Mill Road Lift Station and Force Main Project - Phase 1. Upon motion the documents were received and filed. 15. Improvement Contracts / Performance, Payment, and Maintenance Bonds: Eastern Iowa Excavating & Concrete, LLC for the Iowa Page 466 of 1311 Book 154 Regular Session, November 4, 2024 380 Amphitheater at Schmitt Island Bid Package 1: Site Preparation. Upon motion the documents were received, filed, and approved. 16. Approval of 2023 City Council Official Proceedings: Upon motion the documents were received, filed, and approved. 17. Approving a Third Amendment to De- velopment Agreement by and between the City of Dubuque, IA. and Union at the Marina, LP adding Impact Housing Indiana Corp. as a Party: Upon motion the documents were re- ceived and filed, and Resolution No. 347-24 Approving a Third Amendment to Develop- ment Agreement by and Between the City of Dubuque, IA. and Union at The Marina, LP was adopted. RESOLUTION NO. 347-24 APPROVING A THIRD AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BE- TWEEN THE CITY OF DUBUQUE, IA. AND UNION AT THE MARINA, LP Whereas, the City of Dubuque and Union at the Marina, LP (Developer) entered into a Purchase and Development Agreement dated for reference purposes October 16, 2023, for the development of property located at 1860 Hawthorne Street; and Whereas, City and Developer desire to amend the Development Agreement as set forth in the Third Amendment to Development Agreement attached hereto; 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 Union at the Marina, LP 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 DUBUQUE, IA.: Section 1. That the Third Amendment to Development Agreement by and between the City of Dubuque and Union at the Marina, LP, a copy of which is attached hereto, is hereby approved. Section 2. That the Mayor is hereby au- thorized and directed to execute the Third Amendment to 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 Third Amendment to Development Agreement as herein ap- proved. Passed, approved and adopted this 4th day of November 2024. 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. Resolution Setting a Public Hearing on a Proposed Development Agreement by and between the City of Dubuque and Dubuque Racing Association, Ltd. Providing for the Is- suance of Urban Renewal Tax Increment Rev- enue Grant Obligations Pursuant to the Devel- opment Agreement: Upon motion the docu- ments were received and filed and Resolution No. 348-24 Fixing the Date for A Public Hear- ing of The City Council of The City of Dubu- que, IA. On A Development Agreement by And Between the City of Dubuque, IA. And Dubu- que Racing Association, Ltd., 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 November 18, 2024 in the Historic Federal Building. RESOLUTION NO. 348-24 FIXING THE DATE FOR A PUBLIC HEAR- ING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. ON A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IA. AND DUBUQUE RACING ASSOCIATION, LTD., 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 Dubuque Racing Asso- ciation, Ltd. 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, Dubuque, IA. for the development of approximately 4.9 acres located on leased property due north of 1855 Greyhound Park Rd, Dubuque, IA.; and Whereas, the City Council has tentatively determined that it would be in the best inter- ests of the City to approve the Development Agreement, with Dubuque Racing Association, Ltd.; 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 Page 467 of 1311 Book 154 Regular Session, November 4, 2024 381 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 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 DUBUQUE, IA.: 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 November 2024, at 6:30 p.m. The official agenda will be posted on Friday, November 15, 2024, and will contain listening, viewing, and public input options. The City Council agenda can be accessed at https://dubuqueia.portal.civicclerk.com/ 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 Re- newal Tax Increment Revenue obligations and the execution of the Development Agreement relating thereto with Dubuque Racing Associa- tion, Ltd., the proceeds of which obligations will be used to carry out certain of the special financing activities described in the Urban Re- newal Plan for the Greater Downtown Urban Renewal District, consisting of the funding of economic developments grants to Dubuque Racing Association, Ltd. pursuant to the De- velopment Agreement. It is expected that the aggregate amount of the Tax Increment Reve- nue obligations to be issued will be approxi- mately $2,275,686. 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 attached hereto. Passed, approved and adopted this 41h day of November, 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Iowa Amphitheater on Schmitt Island Project - Bid Backage No. 2 (Utilities, Paving & Amphitheater Stage) - Initiate Public Bidding Process and Setting Date for Public Hearing: Upon motion the documents were received and filed and Resolution No. 349-24 Iowa Am- phitheater On Schmitt Island Project - Bid Package No. 2 (Utilities, Paving & Amphithea- ter Stage): Preliminary Approval of Plans, Specifications, Form of Contract, and Estimat- ed 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 November 18, 2024 in the Historic Federal Building. RESOLUTION NO. 349-24 IOWA AMPHITHEATER ON SCHMITT IS- LAND PROJECT - BID PACKAGE NO. 2 (UTILITIES, PAVING & AMPHITHEATER STAGE) - 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 DUBUQUE, IA.: Section 1. The proposed plans, specifica- tions, form of contract and estimated cost for the Iowa Amphitheater on Schmitt Island Pro- ject - Bid Package No. 2 (Utilities, Paving & Amphitheater Stage) in the estimated con- struction amount of $9,702,000.00 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 18th day of November 2024, at 6:30 p.m. in the Historic Federal Building Council Cham- bers 350 W. 6th Street, Dubuque, IA., at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general cir- culation in the City of Dubuque, IA., which no- tice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of con- tract, or estimated cost of the Project. Section 3. The Iowa Amphitheater on Schmitt Island Project - Bid Package No. 2 (Utilities, Paving & Amphitheater Stage) is hereby ordered to be advertised for bids for construction. Page 468 of 1311 Book 154 Regular Session, November 4, 2024 382 Section 4. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. Section 5. The City Engineer is hereby 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 contrac- tor plan room service with statewide circula- tion, 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 51h day of December 2024. 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 16th day of De- cember 2024, in the Historic Federal Building Council Chambers (and/or by virtual means) 350 West 61h Street, Dubuque, IA. Passed, adopted and approved this the 4th day of November 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Initiate Bid Process and Set Public Hear- ing for the Bunker Hill Irrigation Replacement Project Phase 3: Upon motion the documents were received and filed and Resolution No. 350-24 Bunker Hill Golf Course — Phase 3 Irrigation Project: Preliminary Approval Of Plans, Specifications, Form Of Contract, And Estimated Cost; Setting Date Of Public Hear- ing On Plans, Specifications, Form Of Con- tract, And Estimated Cost was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on November 18, 2024 in the Histor- ic Federal Building. RESOLUTION NO. 350-24 BUNKER HILL GOLF COURSE — PHASE 3 IRRIGATION PROJECT - 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 Whereas, Bunker Hill Golf Course is a popular community amenity within which the irrigation system is a vital component to playa- bility and maintenance; and Whereas, Phase 3 is the final phase of the project putting the golf course in its' best posi- tion to provide a quality product on an annual basis. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The proposed plans, specifica- tions, form of contract and estimated cost for the Bunker Hill Golf Crouse — Phase 3 Irriga- tion Project, in the estimated cost amount of $360,000 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 18th day of November 2024, at 6:30 p.m. in the Historic Federal Building Council Cham- bers (second floor), 350 West 6th Street, Dubuque, IA., at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, IA., which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or esti- mated cost of the Project. Passed, approved and adopted this 4th day of November 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 1397_10 119L191&hTA& L9J1&1 Appointments were made to the following boards/commissions. 1. Catfish Creek Watershed Management Authority: One, 4-Year term through July 16, 2028 (Vacant term of McGovern). Applicant: William H. Hendricks, 1801 S. Grandview. Motion by Jones to appoint Hendricks to the term. Seconded by Roussell. Motion carried 7- 0. 2. Equity and Human Rights Commission: One, 3-Year term through January 1, 2026 (Vacant term of Sanchez). Applicants: Lusele- na Bravo, 781 Cottage Place; Traci Phillipson, 2120 Rhomberg Ave. Upon roll call vote, Bra- vo was appointed to the term, receiving all 7 votes. PUBLIC HEARINGS 1. 2024 SRF Green Alley Project Public Hearing: Motion by Wethal to receive and file the documents and adopt Resolution No. 351- 24 Approval of Plans, Specifications, Form of Contract, And Estimated Cost for the 2024 SRF Green Alley Project. Seconded by Sprank. Motion carried 7-0. RESOLUTION NO. 351-24 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE 2024 SRF GREEN ALLEY PROJECT Page 469 of 1311 Book 154 Regular Session, November 4, 2024 383 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: That the plans, specifications, form of con- tract and cost for the 2024 SRF Green Alley Project in the estimated amount $1,342,614.00, are hereby approved. Passed, approved and adopted this 4th day of November 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. 2024 SRF Green Alley Project Special Assessments: Motion by Jones to receive and file the documents and adopt Resolution No. 352-24 With Respect to The Adoption of The Resolution of Necessity Proposed for The SRF Green Alley Bid 2024 SRF Green Alley Project and Resolution No. 353-24 Approving Sched- ule of Assessments and Estimate of Total Cost for the 2024 SRF Green Alley Bid Project. Se- conded by Wethal. Motion carried 7-0. RESOLUTION NO. 352-24 WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PRO- POSED FOR THE SRF GREEN ALLEY BID 2024 SRF GREEN ALLEY PROJECT Whereas, the City Council has proposed a Resolution of Necessity for the 2024 SRF Green Alley Bid Project and has given notice of the public hearing thereon as required by law; and Whereas, the public hearing has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and Whereas, this is the time and place set as provided for the taking of action on the pro- posed Resolution of Necessity. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: That the proposed Resolution of Necessity described above is hereby Adopted, without amendment, and all objections filed or made having been duly considered are overruled. Passed, adopted and approved this 4th day of November 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 353-24 APPROVING SCHEDULE OF ASSESS- MENTS AND ESTIMATE OF TOTAL COST FOR THE 2024 SRF GREEN ALLEY BID PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: That the [provided] plat, schedule of as- sessments, and estimate of total cost for the 2024 SRF Green Alley Bid Project are hereby approved. Passed, approved and adopted this 4th day of November 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Petition to Vacate the Alley Right of Way in the block bounded by Finley Street, Green Street, and Bunker Hill Road in Finley's Addi- tion in the City of Dubuque, IA. For Vacating Petition (Agreement Between City of Dubuque and Interstate Power and Light): Motion by Roussell to receive and file the documents and adopt Resolution No. 354-24 Vacating The Alley Between The West Line of Finley Street and the East Line of Bunker Hill Road, In Fin- ley's Addition to the City Of Dubuque, in the City Of Dubuque, IA., to be known as Lot 186A Finley's Addition in the City Of Dubuque, IA. and Resolution No. 355-24 Disposing of City Interest in Lot 186A Finley's Addition in The City of Dubuque, IA.. Seconded by Wethal. Motion carried 7-0. RESOLUTION NO. 354-24 VACATING THE ALLEY BETWEEN THE WEST LINE OF FINLEY STREET AND THE EAST LINE OF BUNKER HILL ROAD, IN FINLEY'S ADDITION TO THE CITY OF DUBUQUE, IN THE CITY OF DUBUQUE, IA., TO BE KNOWN AS LOT 186A FINLEY'S ADDITION IN THE CITY OF DUBUQUE, IA. Whereas, the City of Dubuque has entered into an agreement with Interstate Power Com- pany for the conveyance of City Owned prop- erty comprised of the Alley Between the West Line of Finley Street and the East Line of Bun- ker Hill Road, in Finley's Addition to the City of Dubuque, in the City of Dubuque, IA. to ac- commodate the construction of a new power substation facility; and Whereas, Interstate Power and Light Com- pany has requested the vacation of the Alley Between the West Line of Finley Street and the East Line of Bunker Hill Road, in Finley's Addition to the City of Dubuque, in the City of Dubuque, IA. and the conveyance of said property to Interstate Power and Light Compa- ny per said agreement; and Whereas, Atwell Group has prepared and submitted to the City Council a plat showing the proposed vacated Alley Between the West Line of Finley Street and the East Line of Bun- ker Hill Road, in Finley's Addition to the City of Dubuque, in the City of Dubuque, IA. and as- signed a lot number thereto, to be known as Lot 186A Finley's Addition in the City of Dubu- que, IA.; 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, IA. on the 25th day of October 2024, Page 470 of 1311 Book 154 Regular Session, November 4, 2024 384 the City Council of the City of Dubuque, IA. met on the 4th day of November 2024, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 61h Street, Dubuque, Dubuque County, IA. to consider the request to vacate; and Whereas, the City Council of the City of Dubuque, IA. overruled any and all objections, oral or written to the request to vacate; and Whereas, the City Council of the City of Dubuque, IA., has determined that the pro- posed vacation of Lot 186A Finley's Addition in the City of Dubuque, IA. should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the real estate described as Lot 186A Finley's Addition in the City of Dubuque, IA., be and the same is hereby va- cated. Passed, approved and adopted this 4th day of November 2024 Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 355-24 DISPOSING OF CITY INTEREST IN LOT 186A FINLEY'S ADDITION IN THE CITY OF DUBUQUE, IA. 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, IA. on the 25th day of October 2024, the City Council of the City of Dubuque, IA. met by virtual means on the 4th day of Novem- ber, 2024, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County, IA. to consider the proposal for the sale of real estate described as: Lot 186A Finley's Addition in the City of Dubuque, IA. Whereas, the City Council of the City of Dubuque, IA. overruled any and all objections, oral or written to the proposal to sell such real estate. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the conveyance of City of Dubuque real property described as Lot 186A Finley's Addition in the City of Dubuque, IA., to Interstate Power and Light Company 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 convey- ance to Interstate Power and Light Company. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 4th day of November 2024 Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Kerper Boulevard Lift Station Project Public Hearing: Motion by Sprank to receive and file the documents and adopt Resolution No. 356-24 Approval of Plans, Specifications, Form of Contract, And Estimated Cost for The Kerper Blvd Lift Station Project. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 356-24 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE KERPER BLVD LIFT STA- TION PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: That the attached plans, specifications, form of contract and estimate of total cost for the for the Kerper Blvd Lift Station Project in the estimated construction amount of $1,626,615.00, are hereby approved. Passed, adopted and approved this the 4th day of November 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Broadway Sanitary Sewer Improve- ments Project Public Hearing: Motion by Jones to receive and file the documents and adopt Resolution No. 357-24 Approval of Plans, Specifications, Form of Contract, and Estimat- ed Cost for the Broadway Street Sanitary Sewer Improvement Project. Seconded by Farber. Motion carried 7-0. RESOLUTION NO. 357-24 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE BROADWAY STREET SAN- ITARY SEWER IMPROVEMENT PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: That the attached plans, specifications, form of contract and estimate of total cost for the for the Broadway Street Sanitary Sewer Improvement Project in the estimated con- struction amount of $321,946.00, are hereby approved. Passed, adopted and approved this the 4th day of November 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk Page 471 of 1311 Book 154 Regular Session, November 4, 2024 385 6. Ruby Sutton Building 2"d Floor Renova- tion Project Public Hearing: Motion by Sprank to receive and file the documents and adopt Resolution No. 358-24 Approval of Plans, Specifications, Form of Contract, And Estimat- ed Cost for The Ruby Sutton Building 2"d Floor Renovation Project. Seconded by Jones. Mo- tion carried 7-0. RESOLUTION NO. 358-24 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE RUBY SUTTON BUILDING 2ND FLOOR RENOVATION PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the plans, specifications, form of contract and cost for the for the Ruby Sutton Building 2"d Floor Renovation Project in the estimated Base Bid amount of $840,000.00, are hereby approved. Passed, approved and adopted this 4th day of November 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7. Resolution Approving a Development Agreement by and between the City of Dubu- que, IA. and Dubuque Housing, LLC: Motion by Roussell to receive and file the documents and adopt Resolution No. 359-24 Approving A Development Agreement by And Between the City of Dubuque, IA. And Dubuque Housing, LLC, Including the Issuance of Urban Renewal Tax Increment Revenue Obligations. Second- ed by Wethal. Megan Carr, speaking on behalf of the developer, shared that they aim to com- plete the project by fall 2025. Motion carried 7- 0. RESOLUTION NO. 359-24 APPROVING A DEVELOPMENT AGREE- MENT BY AND BETWEEN THE CITY OF DUBUQUE, IA. AND DUBUQUE HOUSING, LLC, INCLUDING THE ISSUANCE OF UR- BAN RENEWAL TAX INCREMENT REVE- NUE OBLIGATIONS Whereas, the City Council, by Resolution No. 338-24, dated October 21, 2024, declared its intent to enter into a Development Agree- ment by and between the City of Dubuque, IA. and Dubuque Housing, 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 November 4, 2024, at 6:30 p.m.; and Whereas, it is the determination of the City Council that approval of the Development Agreement for the creation of low and moderate income housing 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, IA.: Section 1. The Development Agreement by and between the City of Dubuque, IA. and Dubuque Housing, LLC, is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute the Development Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. The City Manager is authorized to take such actions as are necessary to com- ply with the terms of the Development Agree- ment as herein approved. Passed, approved and adopted this 4th day of November, 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 8. Public Hearing to approve the revised Administrative Plan for the Housing Choice Voucher Program: Motion by Jones to receive and file the documents and adopt Resolution No. 360-24 Resolution Approving the Revision of The Public Housing Authority (PHA) Admin- istrative Plan for The Housing Choice Voucher Program. Seconded by Resnick. In response to City Council questions, Housing and Com- munity Development Director Alexis Steger explained that the minor plan revision adjusts the small area market rate to align with the federal rate. Steger also provided an overview of the voucher allotment review process. Mo- tion carried 7-0. RESOLUTION NO. 360-24 APPROVING THE REVISION OF THE PUB- LIC HOUSING AUTHORITY (PHA) ADMIN- ISTRATIVE PLAN FOR THE HOUSING CHOICE VOUCHER PROGRAM Whereas, the City of Dubuque is designat- ed 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 the Chapter 16 revi- sions of the plan; and Whereas, on October 22, 2024, the Hous- ing Commission approved and recommended City Council's adoption of the revised Adminis- trative 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. Page 472 of 1311 Book 154 Regular Session, November 4, 2024 386 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The Public Housing Authority (PHA) has revised the Administrative Plan for the Housing Choice Voucher Program, and the Housing Commission has approved all revi- sions to the Public Housing Authority Adminis- trative Plan for the Housing Choice Voucher Program. Section 2. The City Council has approved the revision to the Public Housing Authority Administrative Plan for the Housing Choice Voucher Program. Section 3. The Housing & Community De- velopment Director is hereby directed to sub- mit the revised Public Housing Authority Ad- ministrative plan to the U.S. Department of Housing and Urban Development as required. Passed, approved and adopted this 4th day of November 2024. Brad M Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk PUBLIC INPUT Dan Walsh, 1219 Arrowhead Dr.; Tut Fuller, 1145 S. Grandview; and Tyson Leyen- decker, 1760 Overview Ct., all representing Capra Bank, spoke regarding Action Item No. 1, expressing concerns with the recommenda- tion of Dubuque Bank and Trust as the City's financial services provider. They cited Dubu- que Bank and Trust's impending sale to an out-of-state entity and stressed the importance of partnering with local banks. Mr. Walsh noted that Capra submitted a dispute regarding Dubuque Bank and Trust's Request for Pro- posals (RFP) submission on October 18, which was denied by the City Manager on Oc- tober 23. He suggested that the City Council consider tabling the action item. Kevin Finke, 6447 Torrey Pines Dr., of Dubuque Bank and Trust, read a letter on behalf of Drew Town- send, the bank's President and CEO, thanking the City for its recommendation. John Schmidt, 1075 Bonnie Ct.; and Thomas Flynn, 21475 Girl Scout Rd., also spoke in support of Dubu- que Bank and Trust, highlighting the local em- ployment base of the bank. ACTION ITEMS 1. Commercial Banking Services Recom- mendation: Motion by Roussell to receive and file the documents and approve Dubuque Bank and Trust as the bank to provide finan- cial services to the City of Dubuque for a five- year period. Seconded by Jones. Chief Finan- cial Officer Jennifer Larson made a presenta- tion. Brumwell confirmed that Iowa Code §362.5 specifies that a city official is not in conflict of interest when voting on a contract with a corporation in which they or their imme- diate family own less than five percent of the corporation's stock. Mayor Cavanagh stated that some of his family members hold stock in HTLF, the parent company of Dubuque Bank and Trust, but clarified that this does not cre- ate a conflict of interest, as their holdings are below the 5% threshold. Van Milligen summa- rized the city's investment process, including the involvement of the Investment Oversight Advisory Commission, and explained that oth- er priorities, such as the Enterprise Resource Planning (ERP) implementation and the re- cently completed pay and classification study, had delayed a re-evaluation of the city's bank- ing services. He noted that the RFP required a bank to have a staffed local branch. In re- sponse to questions, Larson explained that various financial records have different reten- tion requirements. City Council Members ex- pressed interest in learning how other Iowa cities solicit banking services and how to as- sess the reinvestment of the bank's funds with- in the community. Van Milligen committed to city staff researching these areas for the next RFP. Larson stated that while most cities con- duct an RFP for banking services, she was unsure of the typical contract terms. Historical- ly, the city has used a five-year contract period but has not adhered to it recently due to ERP implementation. Van Milligen noted that the extensive process involved in changing finan- cial institutions warranted the five-year timeframe. The City Council discussed the expertise of the RFP review committee and the strong evaluation criteria used in making this recommendation. They also indicated their preference for the re-evaluation of banking services through an RFP every five years. Motion carried 7-0. 2. Proposed Modification to the Downtown Rehabilitation Program Awards: Motion by Jones to receive and file the documents and adopt Resolution No. 361-24 Authorizing the City Manager to Amend the City of Dubuque Downtown Rehabilitation Grant Award Pro- gram. Seconded by Resnick. City Council Members praised the changes, noting they had received positive feedback. Motion carried 7-0. RESOLUTION NO. 361-24 AUTHORIZING THE CITY MANAGER TO AMEND THE CITY OF DUBUQUE DOWN- TOWN REHABILITATION GRANT AWARD PROGRAM Whereas, the City Council of the City of Dubuque, IA. has created a Downtown Reha- bilitation Grant Program (the Program) for pur- pose of stimulating reinvestment in the Greater Downtown Urban Renewal Area; and Page 473 of 1311 Book 154 Regular Session, November 4, 2024 387 Whereas, the Program provides for incen- tives which have assisted in the rehabilitation of seventy-two properties since its inception; and Whereas, City Council has determined that amending the guidelines for the Program will encourage additional redevelopment efforts within the Greater Downtown Urban Renewal Area; and Whereas, the City Council has determined that the City Manager should be granted the authority to amend the Program to modify the guidelines. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. THAT: Section 1. The City Manager is authorized to amend the guidelines for the Downtown Rehabilitation Grant Program as needed to accommodate projects in a flexible manner. Passed, approved, and adopted this 4th day of November 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Resolution Authorizing the Submission of an Iowa Economic Development Authority Business Financial Assistance Application by Universal Tank & Fabrication Inc.: Motion by Resnick to receive and file the documents and adopt Resolution No. 362-24 Authorizing the Filing of An Application with The Iowa Eco- nomic Development Authority for Business Financial Assistance on Behalf of Universal Tank & Fabrication, Inc. Seconded by Wethal. City Council Members expressed enthusiasm for the expansion. Motion carried 7-0. RESOLUTION NO. 362-24 AUTHORIZING THE FILING OF AN APPLI- CATION WITH THE IOWA ECONOMIC DE- VELOPMENT AUTHORITY FOR BUSINESS FINANCIAL ASSISTANCE ON BEHALF OF UNIVERSAL TANK & FABIRCATION, INC. Whereas, Universal Tank & Fabrication, Inc. is a Delaware corporation manufacturing custom fabricated pressure vessels and tanks at its Facility in Dubuque, IA.; and Whereas, Universal Tank & Fabrication, Inc. has proposed making a Seven Million Two Hundred Fifty Thousand Dollar investment to expand its Facility (the Project); and Whereas, financial assistance from the Io- wa Economic Development Authority is de- signed to assist in the economic development efforts of local jurisdictions; and Whereas, the City Council of the City of Dubuque, IA. has considered the Project and determined that the proposed Project will con- tribute to the local economy through the crea- tion of ten (10) full-time jobs in the City of Dubuque;and Whereas, the City of Dubuque, IA. is eligi- ble to apply for funding from the Iowa Econom- ic Development Authority Business Financial Assistance Program on behalf of Universal Tank & Fabrication, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. THAT: Section 1. The filing of an Application for participation in the Iowa Economic Develop- ment Authority's Business Financial Assis- tance Program on behalf of Universal Tank & Fabrication, Inc., a copy of which is attached hereto, is hereby approved. Section 2. The Mayor is hereby authorized to execute and the City Manager is hereby directed to submit the Application to the Iowa Economic Development Authority together with such other documents as may be required. Passed, approved, and adopted this 4th day of November 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Pest Infestation Enforcement, Including Bed Bugs: 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. Steger summarized the proposed changes that clarify the responsibility for treating pest infestations and stated that another treatment will be re- quired for several units at the Roosevelt West apartment complex that is currently experienc- ing an infestation. Brumwell referenced Iowa Code §562A regarding landlord and tenant financial responsibilities regarding infestations. City Council Members commended residents for relaying their concerns to the city. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 60-24 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article J Property Maintenance Code, Section 14-1J-2 International Property Mainte- nance Code Amendments. Seconded by Far- ber. Motion carried 7-0. ORDINANCE NO. 60-24 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE J PROPERTY MAINTE- NANCE CODE, SECTION 14-1J-2 INTERNA- TIONAL PROPERTY MAINTENANCE CODE AMENDMENTS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Page 474 of 1311 Book 154 Regular Session, November 4, 2024 388 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 PROPERTY MAINTENANCE CODE AMENDMENTS: The following additions, deletions, modifi- cations, or amendments of the International Property Maintenance Code, 2021 edition, adopted in section 14-1J-1 of this article to read as follows: Section 309. Pest Elimination. Amended to read: uments and schedule the work session for November 18, 2024, at 5:15 p.m. Seconded by Sprank. Motion carried 7-0. 6. New Housing Projects Update Video: Motion by Jones to receive and file the docu- ments and view the video. Seconded by Res - nick. Public Information Office staff showed a video featuring footage of examples of new housing projects throughout the community. The video can be seen at: https://Voutu.be/OPHmgWly-Ro?si=YTr6tpUno Za6BHUL. Motion carried 7-0. 309.1 Infestation. Structures shall be kept free from the infestation of insects, ro- COUNCIL MEMBER REPORTS dents, or other pests. Structures in which insects, rodents, or other pests Mayor Cavanagh reported on the first Den - are found shall be promptly treated by ver Air Connection commercial flight to Dubu- approved processes that will not be in- que and recent fundraisers for the Dubuque jurious to human health. After pest Museum of Art and the National Mississippi elimination, proper precautions shall be River Museum and Aquarium. taken to prevent reinfestation. Council Member Jones reported on the re- 309.1.1 Owner. The owner of any cent passing of former Fire Chief Bill Miller. structure shall be responsible for pest Council Member Farber reported on the elimination within the structure prior upcoming retirement of Goodmann and the to renting or leasing the structure. upcoming election. 309.1.2 Occupant. The occupant of any Council Member Roussell reported on Wil- structure shall cooperate with the liam Intriligator's 251h anniversary as Music reasonable pest elimination efforts of Director and Conductor of the Dubuque Sym- the owner or owner's authorized phony Orchestra. agent. Council Member Wethal thanked candi- 309.2 Single occupant. The occupant of dates running for political office. a one -family dwelling or of a single - tenant nonresidential structure shall be CLOSED SESSION responsible for pest elimination on the premises. Motion by Jones to convene in closed ses- Exception: Where the infestation is sion at 8:49 p.m. to discuss Purchase or Sale caused by defects in the structure the of Real Estate — Chapter 21.5(1)(j) Code of owner shall be responsible for pest Iowa. Seconded by Wethal. Mayor Cavanagh elimination. stated for the record that the attorney who will 309.3 Multiple occupancy. The owner of consult with City Council on the issues to be a structure containing two or more discussed in the closed session is City Attor- dwelling units, a multiple occupancy, a ney Brumwell. Motion carried 7-0. rooming house, or a nonresidential The City Council reconvened in open ses- structure shall be responsible for pest sion at 9:30 p.m. stating that staff had been elimination. If infestation is caused by given proper direction. failure of an occupant of a single dwell- ing unit to prevent such infestation in ADJOURNMENT the area occupied, the occupant and owner shall be responsible for pest There being no further business, Mayor elimination. Cavanagh declared the meeting adjourned at 9:30 p.m. Section 2. This ordinance shall take effect upon publication. /s/Adrienne N. Breitfelder, CMC, City Clerk Passed, approved, and adopted this 4th day of November 2024. Brad Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 5. Work Session Request: Introduction to the Office of Community Impact and Review of the Equitable Fine and Fee Service Program: Motion by Resnick to receive and file the doc- Page 475 of 1311 389 Special and Regular Session, November 18, 2024 Book 154 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 18, 2024, 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 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 Office of Community Impact and the Equitable Fine and Fee Service Pro- gram. WORK SESSION Introduction to the Office of Community Impact and Review of the Equitable Fine and Fee Service Program Community Impact Director Antonio Mou- zon; AmeriCorps Program Director Sarah Ber- na; Multicultural Family Center Director LaM- etra Murdock; Community Service and Out- reach Coordinator Brittney Hayes; and Com- munity Diversion and Prevention Coordinator Miranda Onofre presented on the newly estab- lished Office of Community Impact and provid- ed an update on the equitable fines and fees service program. In response to questions, Mouzon shared that the department will pro- vide the next update on the program's imple- mentation during its fiscal year 2026 budget presentation. He also noted that the depart- ment is collaborating with non -profits to offer diverse opportunities for program participants and plans to engage directly with neighbor- hoods for outreach. City Council Members voiced their support for the program and the targeted outreach to the census tract most affected by fines and fees. Mayor Cavanagh recommended that any remaining questions be emailed to Van Milligen due to time limita- tions. There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:28 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk CITY OF DUBUQUE IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on November 18, 2024, 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 Attorney Brumwell. Mayor Cavanagh read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PROCLAMATIONS 1. The 35th Anniversary of The Dubuque Branch of the NAACP (2024) was accepted by RRS Stewart On behalf of the Dubuque Branch of the NAACP. 2. Small Business Saturday (November 30, 2024) was accepted by Mayor Cavanagh on behalf of the Small Business Saturday Coali- tion and the Dubuque Area Chamber of Com- merce. Justine Paradiso, of the Dubuque Area Chamber of Commerce, attended virtually, but was unable to accept due to technical difficul- ties. Paradiso provided comments in the GoToMeeting chat that were read by Breitfeld- er. 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, except for No. 11. Seconded by Farber. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of September 30, Octo- ber 7, October 21, and November 4, 2024; Equity and Human Rights Commission of Oc- tober 8, 2024; Proof of Publication for City Council Proceedings of October 21, 2024. Upon motion the documents were received and filed. Page 476 of 1311 Book 154 Regular Session, November 18, 2024 390 2. Notice of Claims and Suits: Halanier Holmes for vehicle damage; Jamie Joe Doyle for vehicle damage; Keon Killins for vehicle damage. 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: Halanier Holmes for vehicle damage. Upon motion the documents were received, filed, and concurred. 4. Approval of City Expenditures: Upon motion the documents were received and filed, and Resolution No. 363-24 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. 363-24 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 generally accepted internal control procedures and have been determined to have been req- uisitioned for a lawful municipal purpose; and Whereas, the Chief Financial Officer -City Treasurer has provided a list of Expenditures attached hereto, and by this reference made a part hereof, to be drawn to pay for goods and services provided for City purposes; and Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142-18 adopted May 7, 2018, authorized the Chief Financial Officer -City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. 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 Financial Officer are hereby authorized and directed to provide the statement of receipts and disbursements to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 18th day of November 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Audit Services Recommendation: City Manager recommended the selection of Mauldin & Jenkins Certified Public Account- ants, to provide the City's auditing services for the next three fiscal years, Fiscal Year 2024 through 2026, and authorize the City Manager to sign the audit service agreement. Upon mo- tion the documents were received, filed, and approved. 6. Fiscal Year 2024 State Urban Renewal Report: Upon motion the documents were re- ceived and filed, and Resolution No. 364-24 Approving the Fiscal Year 2024 Urban Re- newal Report for The City of Dubuque was adopted. RESOLUTION NO. 364-24 APPROVING THE FISCAL YEAR 2024 UR- BAN RENEWAL REPORT FOR THE CITY OFDUBUQUE 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 majori- ty of a local governing body that had an active urban renewal plan anytime during the most recently 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, IA.: Section 1. That the Fiscal Year 2024 Urban Renewal Report for the City of Dubuque, be approved. Section 2. That the Chief Financial Officer of the City of Dubuque, IA. is hereby author- ized and directed to submit the Report, with a record of this approval, to the Iowa Page 477 of 1311 Book 154 Regular Session, November 18, 2024 391 Department of Management. Passed, approved and adopted this 18th day of November 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 7. Fiscal Year 2024 State of Iowa Annual Financial Report: Upon motion the documents were received, filed, and approved. 8. Fiscal Year 2026 Annual Tax Increment Financing Report: Upon motion the documents were received and filed. 9. Kohl's Department Store, Inc. 2023 & 2024 Property Tax Appeal Stipulation of Set- tlement Notice: Senior Counsel transmitted notice of a Stipulation of Settlement for a 2023 and 2024 property tax appeal filed by Kohl's Department Store, Inc. for their property locat- ed at 2595 NW Arterial. Upon motion the doc- uments were received and filed. 10. Sublease by Dubuque Racing Associa- tion (DRA): Upon motion the documents were received and filed, and Resolution No. 365-24 Consenting to The Sublease Between the Dubuque Racing Association Ltd. and Pin - seekers Dubuque Re, LLC, and Pinseekers Dubuque Operations, LLC was adopted. RESOLUTION NO. 365-24 CONSENTING TO THE SUBLEASE BE- TWEEN THE DUBUQUE RACING ASSOCI- ATION LTD. AND PINSEEKERS DUBUQUE RE, LLC, AND PINSEEKERS DUBUQUE OPERATIONS, LLC. Whereas, the City has leases with the Dubuque Racing Association Ltd.; and Whereas, the Dubuque Racing Association Ltd. seeks the City's consent to a sublease between the Dubuque Racing Association Ltd. and Pinseekers Dubuque RE, LLC, and Pin - seekers Dubuque Operations, LLC. for the construction and operation of a 30,000 square foot, multi -level family entertainment facility including a driving range with smart targets, a putting course, an event room and VIP area, and food and beverage offerings; and Whereas, the leases require the City's consent to any sublease by the Dubuque Rac- ing Association Ltd.; and Whereas, the City Council of the City of Dubuque finds that the City should consent to the sublease. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA., AS FOLLOWS: 1. The City of Dubuque hereby consents to the sublease between the Dubuque Racing Association Ltd. and Pinseekers Dubuque RE, LLC, and Pinseekers Dubuque Operations, LLC. Passed, approved, and adopted this 18th day of November 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 11. Contracted Services Agreement - Crescent Community Health Center: Motion by Jones to receive and file the documents and approve the agreement. Seconded by Wethal. Mayor Cavanagh announced that he would abstain from the vote due to his wife's em- ployment at the center. Mayor Pro Tern Farber called the vote. Motion carried 6-0 with absten- tion from Cavanagh. 12. Intent to Apply for National Environ- mental Health Administration — Food and Drug Administration 2025 Track 3 Maintenance and Advancement Base Grant: Upon motion the documents were received, filed, and approved. 13. Proposed Conduit Licensing Authority for Iowa Power & Light/Alliant Energy: City Manager recommended approval to amend the existing Master Co -Location and Shared Services Agreement between the City of Dubuque and Interstate Power and Light (IPL) to provide IPL with authority to license excess "conduit" in addition to "dark fiber" presently in their Dubuque conduit system. Upon motion the documents were received, filed, and ap- proved. 14. Acceptance 2024 ADA Sidewalk Curb Ramp Project One: Upon motion the docu- ments were received and filed, and Resolution No. 366-24 Accepting The 2024 ADA Sidewalk Curb Ramp Project One and Authorizing Final Payment to The Contractor was adopted. RESOLUTION NO. 366-24 ACCEPTING THE 2024 ADA SIDEWALK CURB RAMP PROJECT ONE AND AU- THORIZING FINAL PAYMENT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the 2024 ADA Sidewalk Curb Ramp Project One (the Project) has been completed by the contractor, Midwest Concrete (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 $97,023.35; and Whereas, the Contractor has previously been paid $92,172.18, leaving a balance of $4,851.17; 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, IA.: Page 478 of 1311 Book 154 Regular Session, November 18, 2024 392 Section 1. The recommendation of the City Engineer is approved, and the Project is here- by accepted. Section 2. The Director of Finance and Budget is hereby directed to pay the balance of the retainage of $4,851.17 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 18th day of November 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 15. Acceptance 2024 ADA Sidewalk Curb Ramp Project Two - Project 5421000002: Up- on motion the documents were received and filed, and Resolution No. 367-24 Accepting The 2024 ADA Sidewalk Curb Ramp Project Two and Authorizing Final Payment to The Contractor was adopted. RESOLUTION NO. 367-24 ACCEPTING THE 2024 ADA SIDEWALK CURB RAMP PROJECT TWO AND AU- THORIZING FINAL PAYMENT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the 2024 ADA Sidewalk Curb Ramp Project Two (the Project) has been completed by the contractor, Midwest Concrete (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 $156,388.18; and Whereas, the Contractor has previously been paid $148,568.77, leaving a balance of $7,819.41; 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, IA.: Section 1. The recommendation of the City Engineer is approved, and the Project is here- by accepted. Section 2. The Director of Finance and Budget is hereby directed to pay the balance of the retainage of $7,819.41 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 18th day of November 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 16. Acceptance 2024 ADA Sidewalk Curb Ramp Project Three: Upon motion the docu- ments were received and filed, and Resolution No. 368-24 Accepting The 2024 Ada Sidewalk Curb Ramp Project No. 3 And Authorizing Fi- nal Payment to The Contractor was adopted. RESOLUTION NO. 368-24 ACCEPTING THE 2024 ADA SIDEWALK CURB RAMP PROJECT No. 3 AND AU- THORIZING FINAL PAYMENT TO THE CONTRACTOR Whereas, the Public Improvement Con- struction Contract for the 2024 ADA Sidewalk Curb Ramp Project No. 3 (the Project) has been completed by the contractor, Valentine Construction Co., LLC (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 $212,562.24; and Whereas, the Contractor has previously been paid $190,568.52, leaving a balance of $21,993.72;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, IA.: 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 $21,993.72 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 18th day of November 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 17. Acceptance 2024 ADA Sidewalk Curb Ramp Project Four: Upon motion the docu- ments were received and filed, and Resolution No. 369-24 Accepting The 2024 ADA Sidewalk Curb Ramp Project No. 4 And Authorizing Fi- nal Payment to The Contractor was adopted. RESOLUTION NO. 369-24 ACCEPTING THE 2024 ADA SIDEWALK CURB RAMP PROJECT NO. 4 AND AU- THORIZING FINAL PAYMENT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the 2024 ADA Sidewalk Curb Ramp Project No. 4 (the Project) has been completed by the contractor, Drew Cook and Sons Excavating, Co. (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 $102,140.14; and Page 479 of 1311 Book 154 Regular Session, November 18, 2024 393 Whereas, the Contractor has previously been paid $93,205.44, leaving a balance of $8,934.70; 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, IA.: Section 1. The recommendation of the City Engineer is approved, and the Project is here- by accepted. Section 2. The Director of Finance and Budget is hereby directed to pay the balance of the retainage of $8,934.70 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 18th day of November 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 18. Acceptance 2024 Airport ADA Ramp Replacement Project: Upon motion the docu- ments were received and filed, and Resolution No. 370-24 Accepting The 2024 Airport ADA Ramp Replacement Project and Authorizing Final Payment to The Contractor was adopted. RESOLUTION NO. 370-24 ACCEPTING THE 2024 AIRPORT ADA RAMP REPLACEMENT PROJECT AND AU- THORIZING FINAL PAYMENT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the 2024 Airport ADA Ramp Replacement Project (the Project) has been completed by the contractor, Midwest Concrete (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 $63,976.29; and Whereas, the Contractor has previously been paid $60,777.48, leaving a balance of $3,198.81; 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, IA.: Section 1. The recommendation of the City Engineer is approved, and the Project is here- by accepted. Section 2. The Director of Finance and Budget is hereby directed to pay the balance of the retainage of $3,198.81 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 18th day of November 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 19. Acceptance Bunker Hill Golf Course Sinkhole Remediation Project: Upon motion the documents were received and filed, and Resolution No. 371-24 Accepting the Bunker Hill Golf Course Sinkhole Remediation Project and Authorizing Final Payment to The Con- tractor was adopted. RESOLUTION NO. 371-24 ACCEPTING THE BUNKER HILL GOLF COURSE SINKHOLE REMEDIATION PRO- JECT AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Bunker Hill Golf Course Sinkhole Re - mediation Project (the Project) has been com- pleted by the contractor, Valentine Construc- tion Co. (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 $29,775.63; and Whereas, the Contractor has previously been paid $28,286.85, leaving a balance of $1,488.78; 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, IA.: Section 1. The recommendation of the City Engineer is approved, and the Project is here- by accepted. Section 2. The Director of Finance and Budget is hereby directed to pay the balance of the retainage of $1,488.78 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 18th day of November 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 20. Maturity Extensions of Water Revenue Capital Loan Notes (Interim Financing) State Revolving Fund Planning and Design Loans: Upon motion the documents were received and filed, and Resolution No. 372-24 Extend- ing the maturity date of the City's Water Reve- nue Capital Loan Note Anticipation Project Note R-1, Series 2022 was adopted. RESOLUTION NO. 372-24 EXTENDING THE MATURITY DATE OF THE CITY'S WATER REVENUE CAPITAL LOAN NOTE ANTICIPATION PROJECT NOTE R-1, SERIES 2022 Page 480 of 1311 Book 154 Regular Session, November 18, 2024 394 Whereas, the City Council of the City of Dubuque, IA. (the "City"), has previously au- thorized the issuance of its Water Revenue Capital Loan Note Anticipation Project Note R- 1, Series 2022, in a principal amount not to exceed $1,570,000 (the "Project Note") to the Iowa Finance Authority, as lender (the "Lend- er"), for the purpose of paying the cost, to that extent, of planning and designing improve- ments and extensions to the Municipal Water- works Utility System (the "Utility") of the City; and Whereas, the City intended to refund the Project Note by its scheduled maturity date on January 7, 2025, through the issuance of bonds or notes, but refunding proceeds will not yet available to the City; and Whereas, the Lender has agreed to extend the maturity date of the Project Note to Janu- ary 7, 2028, on the terms hereinafter set out. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA., AS FOLLOWS: Section 1. The maturity date of the Project Note is hereby extended to January 7, 2028, and the Project Note shall continue to bear interest at the rate of 0% per annum from the date hereof to its maturity. Section 2. The City Council hereby re- serves the right to prepay principal of the Pro- ject Note in whole or in part at any time prior to the maturity thereof with accrued interest to the date of such payment. Section 3. The Mayor and City Clerk are hereby authorized and directed to enter into whatever legal documents are required by the Lender to effectuate the provisions of this resolution. Section 4. All resolutions or parts of resolu- tions in conflict herewith be and the same are hereby repealed, to the extent of such conflict. Passed, approved and adopted this 18th day of November 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 21. Progress Update: 3000 Jackson Street, Dubuque Brewing and Malting Building: Upon motion the documents were received and filed. 22. Adoption of Supplement Numbers 2024 S-13 and S-14: Upon motion the documents were received and filed, and Resolution No. 373-24 Adopting Supplement Nos. 2024 S-13 And S-14 To the Code of Ordinances of The City of Dubuque, IA. was adopted. RESOLUTION NO. 373-24 ADOPTING SUPPLEMENT NOS. 2024 S-13 AND S-14 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IA. 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, IA. in its entirety; and Whereas, since August 17, 2009, the City of Dubuque, IA. 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 Io- wa 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 Cincin- nati, Ohio and filed in the Office of the City Clerk of the City of Dubuque, IA.; and Whereas, Supplement No. S-13 was inad- vertently omitted from adoption at the time of its publication and is now being submitted to- gether with Supplement No. S-14; and Whereas, Supplement No. S-14 contains an incorrect date in the published version of the preface that has been corrected on the City Code of Ordinances website and will be corrected in the next printed supplement. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That Supplement Nos. 2024 S- 13 and S-14 to the City of Dubuque Code of Ordinances, which codifies all ordinances through 57-24 as approved by the City Council through September 16, 2024, is hereby adopt- ed, and becomes part of the Code of Ordi- nances of the City of Dubuque, IA. Passed, approved, and adopted this 18th day of November 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 23. Signed Contract(s): Origin Design Co. for the Dubuque Well Fields Fiber 408 Permit- ting. Upon motion the documents were re- ceived and filed. 24. Tobacco Permit Refund Request - United Cigar and Tobacco: Upon motion the documents were received, filed, and approved. 25. Approval of Retail Alcohol Licenses: Upon motion the documents were received and filed, and Resolution No. 374-24 Approv- ing applications for retail alcohol licenses, as required by City of Dubuque Code of Ordi- nances Title 4 Business and License Regula- tions, Chapter 2 Liquor Control, Article B Liq- uor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 374-24 APPROVING APPLICATIONS FOR RETAIL ALCOHOL LICENSES, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANC- ES TITLE 4 BUSINESS AND LICENSE Page 481 of 1311 Book 154 Regular Session, November 18, 2024 395 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 re- quirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. 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 Swagat Indian Cuisine, 1108 Locust St. Roux and Lucia, 620 South Grandview Ave. Renewals Big 10 Mart 10, 1875 John F. Kennedy Rd. Blend Business Dining, 700 Locust St. Grand Harbor Resort & Water Park, 350 Bell St. Happy's Place, 2323 Rockdale Rd. Hotel Julien Dubuque, 200 Main St. Kwik Stop 300, 1215 East 16th St. Pepper Sprout, Inc., 378 Main St. Your Pie, 806 Wacker Dr Suite 100 Special Event(s) per Special Event Application Submittal, Wicked River - Merry Millwork Market 12-5-24 to 10-9-24, Caradco Courtyard and 101h St., between Jackson and Washington Sts. Passed, approved, and adopted this 18th day of November 2024. 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 Public Hearing on a Proposed Development Agreement with Miller Companies, LLC: Upon motion the documents were received and filed and Resolution No. 375-24 Fixing the Date for A Public Hearing of The City Council of The City of Dubuque, IA. On A Development Agreement by And Be- tween the City of Dubuque, IA. And Miller Companies, LLC, Including the Proposed Is- suance of Urban Renewal Tax Increment Rev- enue 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 Decem- ber 2, 2024, in the Historic Federal Building. RESOLUTION NO. 375-24 FIXING THE DATE FOR A PUBLIC HEAR- ING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. ON A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IA. AND MILLER COMPA- NIES, 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 Miller Companies, LLC have tentatively 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, Dubuque, IA. for the development of property located at 744 Main Street; and Whereas, the City Council has tentatively determined that it would be in the best inter- ests of the City to approve the Development Agreement with Miller Companies, 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 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 DUBUQUE, IA. THAT: 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 2nd day of December 2024 at 6:30 p.m. The official agenda will be posted on Friday, November 29, 2024, and will contain listening, viewing, and public input options. The City Council agenda may be accessed at https://dubuqueia.portal.civicclerk.com/ 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 Re- newal Tax Increment Revenue obligations and the execution of the Development Agreement Page 482 of 1311 Book 154 Regular Session, November 18, 2024 396 relating thereto with Miller Companies, LLC, the proceeds of which obligations will be used to carry out certain of the special financing activities described in the Urban Renewal Plan for the Greater Downtown Urban Renewal District, consisting of the funding of economic developments grants to Miller Companies, LLC pursuant to the Development Agreement. It is expected that the aggregate amount of the Tax Increment Revenue obligations to be issued will be approximately $160,000. 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 attached hereto. Passed, approved, and adopted this 18th day of November 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Resolution Setting Public Hearing on a Proposed Development Agreement with Lime- stone Legacy, LLC: Upon motion the docu- ments were received and filed and Resolution No. 376-24 Fixing the Date for a Public Hear- ing of the City Council of The City of Dubuque, IA. on a Development Agreement by and be- tween the City of Dubuque, IA. and Limestone Legacy, 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 December 2, 2024, in the Historic Federal Building. RESOLUTION NO. 376-24 FIXING THE DATE FOR A PUBLIC HEAR- ING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. ON A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IA. AND LIMESTONE LEG- ACY, 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 Limestone Legacy, LLC have tentatively 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, Dubuque, IA. for the development of property located at 1602 Central Avenue; and Whereas, the City Council has tentatively determined that it would be in the best inter- ests of the City to approve the Development Agreement with Limestone Legacy, 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 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 DUBUQUE, IA. THAT: 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 2nd day of December 2024 at 6:30 p.m. The official agenda will be posted on Friday, November 29, 2024, and will contain listening, viewing, and public input options. The City Council agenda may be accessed at https://dubuqueia.portal.civicclerk.com/ 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 Re- newal Tax Increment Revenue obligations and the execution of the Development Agreement relating thereto with Limestone Legacy, LLC, the proceeds of which obligations will be used to carry out certain of the special financing activities described in the Urban Renewal Plan for the Greater Downtown Urban Renewal District, consisting of the funding of economic developments grants to Limestone Legacy, LLC pursuant to the Development Agreement. It is expected that the aggregate amount of the Tax Increment Revenue obligations to be is- sued will be approximately $150,000. 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 attached hereto. Page 483 of 1311 Book 154 Regular Session, November 18, 2024 397 Passed, approved, and adopted this 18th day of November 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Resolution Setting Public Hearing on a Proposed Development Agreement with 1400 Central, LLC: Upon motion the documents were received and filed and Resolution No. 377-24 Fixing the Date for a Public Hearing of the City Council of the City of Dubuque, IA. on a Development Agreement by and between the City of Dubuque, IA. and 1400 Central, 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 setting a public hearing for a meeting to com- mence at 6:30 p.m. on December 2, 2024, in the Historic Federal Building. RESOLUTION NO. 377-24 FIXING THE DATE FOR A PUBLIC HEAR- ING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. ON A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IA. AND 1400 CENTRAL, LLC, INCLUDING THE PROPOSED ISSU- ANCE OF URBAN RENEWAL TAX INCRE- MENT REVENUE OBLIGATIONS RELATING THERETO, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, City and 1400 Central, LLC have tentatively 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 131h Street, Dubuque, IA. for the development of property located at 1400 Central Avenue; and Whereas, the City Council has tentatively determined that it would be in the best inter- ests of the City to approve the Development Agreement with 1400 Central, 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 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 DUBUQUE, IA. THAT: 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 2nd day of December 2024 at 6:30 p.m. The official agenda will be posted on Friday, November 29, 2024, and will contain listening, viewing, and public input options. The City Council agenda may be accessed at https://dubugueia. portal.civicclerk.com/ 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 Re- newal Tax Increment Revenue obligations and the execution of the Development Agreement relating thereto with 1400 Central, 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 devel- opments grants to 1400 Central, LLC pursuant to the Development Agreement. It is expected that the aggregate amount of the Tax Incre- ment Revenue obligations to be issued will be approximately $60,000. 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 attached hereto. Passed, approved, and adopted this 18th day of November 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Resolution Setting Public Hearing on a Proposed Development Agreement with Nia Neighborhoods Opportunity Zone Fund, LLC: Upon motion the documents were received and filed and Resolution No. 378-24 Fixing the Date for A Public Hearing of The City Council of The City of Dubuque, IA. On A Development Agreement by And Between the City of Dubu- que, IA. And Nia Neighborhoods Opportunity Zone Fund, LLC, Including the Proposed Issu- ance of Urban Renewal Tax Increment Reve- nue Obligations Relating Thereto, And Provid- ing for The Publication of Notice Thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on December 2, 2024, in the Historic Federal Building. Page 484 of 1311 Book 154 Regular Session, November 18, 2024 398 RESOLUTION NO. 378-24 FIXING THE DATE FOR A PUBLIC HEAR- ING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. ON A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IA. AND NIA NEIGHBOR- HOODS OPPORTUNITY ZONE FUND, LLC, INCLUDING THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS RELATING THERETO, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, City and Nia Neighborhoods Opportunity Zone Fund, LLC have tentatively entered into a Development Agreement, sub- ject 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, IA. for the development of property located at 1390 White Street; and Whereas, the City Council has tentatively determined that it would be in the best inter- ests of the City to approve the Development Agreement with Nia Neighborhoods Opportuni- ty 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 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 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 DUBUQUE, IA. THAT: 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 2nd day of December 2024 at 6:30 p.m. The official agenda will be posted on Friday, November 29, 2024, and will contain listening, viewing, and public input options. The City Council agenda may be accessed at https://dubugueia.portal.civiccierk.com/ 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 Re- newal Tax Increment Revenue obligations and the execution of the Development Agreement relating thereto with Nia Neighborhoods Op- portunity Zone Fund, LLC, the proceeds of which obligations will be used to carry out cer- tain of the special financing activities described in the Urban Renewal Plan for the Greater Downtown Urban Renewal District, consisting of the funding of economic developments grants to Nia Neighborhoods Opportunity Zone Fund, LLC pursuant to the Development Agreement. It is expected that the aggregate amount of the Tax Increment Revenue obliga- tions to be issued will be approximately $52,000. 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 attached hereto. Passed, approved, and adopted this 18'h day of November 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Resolution Setting a Public Hearing on a Proposed Development Agreement with SJR Properties, L.L.C. and Universal Tank & Fabri- cation, Inc.: Upon motion the documents were received and filed and Resolution No. 379-24 Fixing the date for a Public Hearing of the City Council of the City of Dubuque, IA. on a De- velopment Agreement by and among the City of Dubuque, IA., SJR Properties, L.L.C., and Universal Tank & Fabrication, Inc., including the Proposed Issuance of Urban Renewal Tax Increment Revenue Obligations to SJR Prop- erties, L.L.C., 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 December 2, 2024 in the Historic Fed- eral Building. RESOLUTION NO. 379-24 FIXING THE DATE FOR A PUBLIC HEAR- ING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. ON A DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF DUBUQUE, IA., SJR PROPERTIES, L.L.C., AND UNIVERSAL TANK & FABRI- CATION, INC., INCLUDING THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX IN- CREMENT REVENUE OBLIGATIONS TO SJR PROPERTIES, L.L.C., AND PROVIDING FOR THE PUBLICATION OF NOTICE THE- ROF Whereas, SJR Properties, L.L.C. (Devel- oper) is the owner of the following described real estate: Page 485 of 1311 Book 154 Regular Session, November 18, 2024 399 Lot 7 and Lot 8 of Dubuque Industrial Center West 211 Addition in the City of Dubuque, IA., according to the record- ed plat thereof locally known as 8025 Chavenelle Road (the Property); and Whereas, Universal Tank & Fabrication, Inc. (Employer) requires a facility for its opera- tions and has entered into a Lease Agreement with Developer for the Property; and Whereas, City, Developer, and Employer have entered into a Development Agreement, subject to the approval of the City Council, pursuant to which Developer will renovate the Property including certain Improvements de- scribed in the Development Agreement; and Whereas, the City Council has tentatively determined that it would be in the best inter- ests of City to approve the Development Agreement; and Whereas, the Development Agreement provides for the issuance by City of economic development grants to SJR Properties, L.L.C., for Developer's obligations to construct the Minimum Improvements and Employer's obli- gations to create and maintain employees, payable from the tax increment revenues col- lected in respect of the Minimum Improve- ments to be constructed by Developer and Employer in accordance with the Development Agreement, for the purpose of carrying out the objectives of an Urban Renewal Plan as here- inafter described; and Whereas, before said obligations may be approved, Chapter 403 of the Code of Iowa requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meeting the City Council shall receive oral and/or written objections from any resident or property owner of said City to such proposed action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. THAT: 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 2"d day of December 2024 at 6:30 p.m. The official agenda will be posted on Friday, November 29, 2024, and will contain listening, viewing, and public input options. The City Council agenda may be accessed at https://dubuqueia.portal.civiccierk.com/ 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 Re- newal Tax Increment Revenue obligations and the execution of the Development Agreement relating thereto with SJR Properties, L.L.C. and Universal Tank & Fabrication, Inc., 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 Dubuque Industrial Center Urban Renewal Area, consisting of the funding of economic developments grants to SJR Properties, L.L.C. pursuant to the Development Agreement. It is expected that the aggregate amount of the Tax Increment Revenue obligations to be issued will be approximately $330,000. 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 attached hereto. Passed, approved, and adopted this 18th day of November 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Setting a Public Hearing on Proposed Second Amendment to Lease Agreement by and Between the City of Dubuque, IA. and the Dubuque County Historical Society: Upon mo- tion the documents were received and filed and Resolution No. 380-24 Fixing the Date for A Public Hearing of The City Council of The City of Dubuque, IA. On The Second Amend- ment to The Lease Agreement by And Be- tween the City of Dubuque, IA., And Dubuque County Historical Society 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 December 2, 2024, in the Historic Federal Building. RESOLUTION NO. 380-24 FIXING THE DATE FOR A PUBLIC HEAR- ING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. ON THE SECOND AMENDMENT TO THE LEASE AGREEMENT BY AND BETWEEN THE CITY OF DUBU- QUE, IA., AND DUBUQUE COUNTY HIS- TORICAL SOCIETY AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, City is the owner of a public facil- ity known as Mathias Ham House (the Ham House) which is leased to Dubuque County Historical Society with a legal description of Lots 530, 1 of 531, 2 of 531 and 532 all in Hams Addition, in the City of Dubuque; and Whereas, Dubuque County Historic Socie- ty desires to extend the current lease period and continue to operate the Ham House; and Page 486 of 1311 Book 154 Regular Session, November 18, 2024 400 Whereas, it is deemed to be in the best in- terest of both parties to the Lease Agreement and to the public in general that the Dubuque County Historical Society lease and operate the Ham House as a historic site. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the City Council of the City of Dubuque, IA., proposes to approve the Second Amendment of the Lease Agreement to Dubuque County Historical Society. Section 2. That the City Council shall con- duct a public hearing on the proposed Second Amendment to the Lease Agreement in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, IA. on the 2"d day of December 2024, 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 attached hereto, according to law. Passed, approved, and adopted this 18th day of November 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7. Resolution of Necessity for the Pro- posed Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renew- al Area, Version 2024.3: Upon motion the doc- uments were received and filed and Resolution No. 381-24 Authorizing And Directing The City Manager To Prepare An Amended And Re- stated Urban Renewal Plan, Version 2024.3, For The Greater Downtown Urban Renewal Area And Setting The Date For A Public Hear- ing And Consultation On The Proposed Amended And Restated Urban Renewal Plan, Version 2024.3, For Said Area was adopted setting a public hearing for a meeting to com- mence at 6:30 p.m. on December 16, 2024 in the Historic Federal Building. RESOLUTION NO. 381-24 AUTHORIZING AND DIRECTING THE CITY MANAGER TO PREPARE AN AMENDED AND RESTATED URBAN RENEWAL PLAN, VERSION 2024.3, FOR THE GREATER DOWNTOWN URBAN RENEWAL AREA AND SETTING THE DATE FOR A PUBLIC HEARING AND CONSULTATION ON THE PROPOSED AMENDED AND RESTATED URBAN RENEWAL PLAN, VERSION 2024.3, FOR SAID AREA 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 redevelop- ment opportunities which will further the pur- poses 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; 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, IA.: Section 1. That the City Manager is author- ized and directed to prepare an Amended and Restated Urban Renewal Plan, Version 2024.3, for the Greater Downtown Urban Re- newal District to accomplish the foregoing pur- poses and objectives, to include in such Amended and Restated Urban Renewal Plan, Version 2024.3, any appropriate project activi- ties and details, to determine an appropriate date for and conduct the consultation process required by law with affected taxing entities concerning the proposed Amended and Re- stated Plan, Version 2024.3. 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 2024.3, for the Greater Downtown Urban Renewal Area to be held on the 16th day of December 2024, at 6:30 p.m. in the form attached hereto. The notice of said hearing shall generally identify the areas cov- ered by the proposed Amended and Restated Urban Renewal Plan, Version 2024.3, 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 ordinary mail to the affected taxing entities. Section 3. That the Economic Develop- ment Director is directed to send by ordinary mail a copy of the proposed Amended and Restated Urban Renewal Plan, Version 2024.3, the notice of public hearing, a notice of consultation, and, to the extent the Amended and Restated Urban Renewal Plan, Version 2024.3, includes the use of tax increment rev- enues for a public building, an analysis of al- ternative development and funding options for such public buildings, to the Dubuque Com- munity School District Board of Education and Dubuque County Board of Supervisors, as the affected taxing entities. Passed, approved and adopted on this 18th day of December 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk Page 487 of 1311 Book 154 Regular Session, November 18, 2024 401 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. Housing Appeals and Mediation Board: One, 3-Year term through January 1, 2027 (Vacant term of Spence). Applicant: Cole Han- sen, 408 Burch St. Breitfelder stated that Han- sen submitted written input in support of their application. 2. Housing Commission: One, 3-Year term through August 17, 2027 (Vacant term of White). Applicant: Davis Wall, 1710 '/2 White St. 3. Resilient Community Advisory Commis- sion: One, 3-Year term through July 1, 2026 (Vacant At Large term of Chamberland). Appli- cant: David McDermott, 919 Kirkwood St. Breitfelder stated that McDermott submitted written input in support of their application. PUBLIC HEARINGS 1. Approving a Development Agreement with Dubuque Racing Association, Ltd.: Motion by Jones to receive and file the documents and adopt Resolution No. 382-24 Approving A Development Agreement by And Between the City Of Dubuque, IA., And Dubuque Racing Association, LTD., Including The Issuance Of Urban Tax Increment Revenue Obligations. Seconded by Sprank. Alex Dixon, 251 Hidden Oaks Ct., President and CEO of Q Casino; and Ryan Ranguette, 1105 Park View Cir., Waunakee, Wi., made a presentation on the proposed PinSeekers facility. City Council Members expressed support for the facility and encouraged more community input on the re- development of Schmitt Island. Motion carried 7-0. RESOLUTION NO. 382-24 APPROVING A DEVELOPMENT AGREE- MENT BY AND BETWEEN THE CITY OF DUBUQUE, IA., AND DUBUQUE RACING ASSOCIATION, LTD., INCLUDING THE IS- SUANCE OF URBAN TAX INCREMENT REVENUE OBLIGATIONS Whereas, the City Council, by Resolution No. 348-24, dated November 4, 2024, de- clared its intent to enter into a Development Agreement by and between the City of Dubu- que, IA., and Dubuque Racing Association, LTD., for redevelopment of a lease area lying within parts of Lot 1, Lot 2, and Lot 3 of Chap- lain Schmitt Island in the City of Dubuque (the Property) including the issuance of Urban Re- newal Tax Increment Revenue Obligations; and Whereas, pursuant to published notice, a public hearing was held on the proposed De- velopment Agreement on November 18, 2024, 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 Dubuque Racing Association, LTD., accord- ing to the terms and conditions set out in the Development Agreement, is in the public inter- est of the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the Development Agree- ment by and between the City of Dubuque, IA., and Dubuque Racing Association, LTD., a copy of which is attached hereto, including the issuance of Urban Renewal Tax Increment Revenue Obligations, is hereby approved. Section 2. That the Mayor is hereby au- thorized and directed to execute the Develop- ment 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 18th day of November, 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Iowa Amphitheater on Schmitt Island - Bid Package 2 (Utilities, Paving & Amphithea- ter Stage): Motion by Sprank to receive and file the documents and adopt Resolution No. 383-24 Approval of Plans, Specifications, Form of Contract, And Estimated Cost for The Iowa Amphitheater on Schmitt Island Project — Bid Package No. 2 (Utilities, Paving & Amphi- theater Stage). Seconded by Wethal. Re- sponding to a question about desired add -on amenities not included in the base bid esti- mate, Van Milligen explained that many of these features can be added over time. He noted the project is funded by a Destination Iowa Outdoor Recreation Fund grant, though the full grant amount was not awarded. Addi- tional grants will be pursued to help fund the add -on amenities. Alex Dixon, 251 Hidden Oaks Ct., President and CEO of Q Casino stated that he has advocated to the state for additional funding and prioritized the amenities if additional funding is awarded. He also noted that the project received seven bids and is expected to be cost-effective. City Council Members praised the project and highlighted the importance of certain add -on amenities. Motion carried 7-0. Page 488 of 1311 Book 154 Regular Session, November 18, 2024 402 RESOLUTION NO. 383-24 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE IOWA AMPHITHEATER ON SCHMITT ISLAND PROJECT — BID PACK- AGE NO. 2 (UTILITIES, PAVING & AMPHI- THEATER STAGE) NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the attached plans, specifi- cations, form of contract and estimate of total cost for the Iowa Amphitheater on Schmitt Island Project — Bid Package No. 2 (Utilities, Paving & Amphitheater Stage) in the estimated amount $9,702,000.00, are hereby approved. Passed, approved, and adopted this 18th day of November 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 3. Bunker Hill Irrigation Replacement Pro- ject Phase 3 Public Hearing: Motion by Rous- sell to receive and file the documents and adopt Resolution No. 384-24 Approval of Plans, Specifications, Form of Contract, And Estimated Cost for The Bunker Hill Irrigation Replacement Project Phase 3. Seconded by Wethal. City Council Members highlighted Bunker Hill as a great amenity that generates revenue. Motion carried 7-0. RESOLUTION NO. 384-24 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE BUNKER HILL IRRIGATION REPLACEMENT PROJECT PHASE 3 NOW THEREFORE, BE IT RESOLVED BY THE COTY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the proposed plans, speci- fications, form of contract and estimated cost for the Bunker Hill Irrigation Replacement Phase 3, in the estimated cost of $360,000, are hereby approved. Passed, adopted and approved this 18th day of November 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk PUBLIC INPUT Felicia Carrier, 1591 White St., spoke re- garding Action Item No. 1, supporting the pre- ferred alternative and emphasizing the need for equitable amenities. ACTION ITEMS 1. Central Avenue and White Street Corri- dor Traffic Study Preferred Alternative En- gagement Results: Motion by Sprank to re- ceive and file the documents and approve the preferred alternative for the Central Avenue and White Street Corridor Traffic Study as developed by Bolton & Menk. Seconded by Wethal. Bolton & Menk Senior Traffic Engineer Jennifer McCoy made a presentation. City Council Members emphasized that tonight's vote was only on the traffic alternative. Van Milligen explained that once an alternative is confirmed, staff will develop implementation proposals through the budget process. In re- sponse to City Council questions, McCoy clari- fied that the proposed bike lane on White Street would be fully protected from traffic, whereas relocating it to Jackson Street would result in an unprotected lane due to lower traf- fic volumes. She also noted that trucking busi- nesses had concerns about two-way traffic and lane width but were open to further dis- cussions on establishing a truck route. Ad- dressing questions about the bike lane, Traffic Engineer Justine Hull highlighted the need for additional analysis and community engage- ment to evaluate the feasibility of placing the bike lane on Jackson Street. City Council members expressed support for the chosen alternative and the broader revitalization of the corridor, including features like a bike lane and green spaces. They also emphasized the im- portance of timely implementation of the up- dates. Motion carried 7-0. 2. Submission of EPA Grant Application for the Dubuque Community Resilience Hub Pro- ject: Motion by Sprank to receive and file the documents and approve a grant application to the U.S. Environmental Protection Agency (EPA)'s Community Change grant program. Seconded by Wethal. Van Milligen confirmed that no match is required for the grant. Director of Strategic Partnerships Teri Goodmann stat- ed that the site would be owned by the Dream Center, with Dubuque County and city staff leading site operations during disasters. The Housing and Community Development De- partment would co -manage the training pro- gram alongside the Dream Center. Goodmann noted that the program is currently in the con- ceptual stage and would be further developed if the grant is awarded. City Council members expressed support for the program and high- lighted the value of collaborative partnerships. Motion carried 7-0. 3. GFOA Distinguished Budget Presenta- tion Award: Motion by Roussell to receive and file the notification of the City of Dubuque re- ceiving the Government Finance Officers As- sociation Distinguished Budget Presentation Award for the 19th consecutive year. Seconded by Wethal. City Council Members congratulat- ed city staff and highlighted the transparency demonstrated through the budget process. Motion carried 7-0. Page 489 of 1311 Book 154 Regular Session, November 18, 2024 403 4. 2025 State Legislative Priorities: Motion shall govern the work of the body and the by Roussell to receive and file the documents enforcement process. and approve the 2025 State Legislative Priori- .... ties. Seconded by Sprank. City Council mem- 8-2-9: OFFICERS; ORGANIZATION: bers highlighted the upcoming legislative din- A. Chair and Vice Chair. The commis- ner and emphasized that these priorities reflect sioners must choose annually a chair - the city's key areas for partnership with the person and vice chairperson, each to state. Motion carried 7-0. serve a term of one year. B. Vacancies in Chair and Vice Chair. 5. Updated Equity and Human Rights The commissioners must fill a vacancy Commission Ordinance: Motion by Jones to among its officers for the remainder of receive and file the documents and that the the officer's unexpired term. requirement that a proposed ordinance be C. Secretary. A city staff member shall considered and voted on for passage at two serve as secretary. Council meetings prior to the meeting at which 8-2-10: MEETINGS: it is to be passed be suspended. Seconded by A. Regular Meetings: The commission Resnick. Brumwell and Chief of Equity and will be scheduled to meet monthly and Human Rights Gisella Aitken-Shadle noted must meet at least once per quarter. that the commission aimed to update the city B. Special Meetings: Special meetings code to more accurately represent their activi- may be called by the chairperson or at ties and guide their priorities effectively. City the written request of a majority of the Council Members voiced their support for the commissioners. commissioners' efforts and expressed hope C. Open Meetings: All meetings must be that the amendment would provide greater called and held in conformance with the clarity regarding their responsibilities. Motion Iowa open meetings law. carried 7-0. D. Attendance: Motion by Jones for final consideration and 1. In the event a commissioner has passage of Ordinance No. 61-24 Amending been absent for three (3) or more City of Dubuque Code of Ordinances Title 8 meetings of the commission, without Equity and Human Rights, Chapter 2 Equity being excused by the chairperson, and Human Rights Commission. Seconded by such absence will be grounds for the Resnick. Motion carried 7-0. commission to recommend to the city council that the position be declared ORDINANCE NO. 61-24 vacant and a replacement appointed. AMENDING CITY OF DUBUQUE CODE OF 2. Attendance must be entered upon ORDINANCES TITLE 8 EQUITY AND HU- the minutes of all meetings. MAN RIGHTS, CHAPTER 2 EQUITY AND 3. Remote attendance is allowed; ar- HUMAN RIGHTS COMMISSION rangements should be made with city NOW, THEREFORE, BE IT ORDAINED staff in advance of the meeting. BY THE CITY COUNCIL OF THE CITY OF E. Minutes: A copy of the minutes of all DUBUQUE, IA.: regular and special meetings of the Section 1. Title 8, Chapter 2 of the City of commission must be filed with the city Dubuque Code of Ordinances is hereby council within ten (10) working days af- amended to read as follows: ter approval by the commission, or by .... the next regularly scheduled city coun- 8-2-2: PURPOSE: The purpose of the cil meeting, whichever is later. commission is to establish a human F. Quorum: Five (5) commissioners con - rights commission in conformance with stitute a quorum for the transaction of the Iowa Civil Rights Act, to declare the business. The affirmative vote of a ma - public policy of nondiscrimination in the jority of the commissioners present and city; to provide for educational programs voting is necessary for the adoption of to prevent and eliminate discrimination in any motion or resolution. the city; and to cooperate with the Iowa .... Civil Rights Commission in the fulfillment 8-2-13: POWERS, DUTIES, AND RE - of contractual obligations and the en- SPONSIBILITIES: The commission forcement process. serves in an advisory capacity to the City 8-2-3: INTERNAL ORGANIZATION AND Council and has the following powers, RULES: The commission may adopt duties, and responsibilities: rules and regulations to govern its organ- A. To study the existence, character, izational procedures as may be neces- causes, and extent of inequity and dis- sary and which are not in conflict with this crimination in public accommodations, code or the Iowa Code. The Commission credit transactions, employment, ap- has adopted Administrative Rules which prenticeship programs, on the job train - Page 490 of 1311 Book 154 Regular Session, November 18, 2024 404 ing programs, vocational schools, other made of any restricted funds without educational institutions, and housing in authority from the City Council. the city and to attempt the elimination J. On occasion, and pursuant to this Title, of such inequity and discrimination the adopted Administrative Rules, the through education, conciliation, and City contract with the Iowa Civil Rights recommended changes to policy and Commission, and the Iowa Code, hold practice. hearings upon a complaint made B. To form subcommittees to address against a covered person or entity al - specifically identified goals or needs in leging a violation of the protections af- the community related to the elimina- forded by this Title for which concilia- tion of inequity and discrimination. tion efforts have failed to resolve the C. To attend events and training oppor- complaint. tunities both within the community and .... beyond. 8-2-15: CONFIDENTIALITY OF COM- D. To actively promote human rights to PLAINTS AND INVESTIGATORY MA - various groups in the community in- TERIALS: No member of the commission cluding governmental bodies, clubs, will disclose the filing of a charge, the in - schools, and media. formation gathered during the investiga- E. To assist the City Manager, upon re- tion, or the endeavors to eliminate such quest, in the recruitment and selection discriminatory or unfair practice by con - of staff. ference, conciliation, or persuasion un- F. To work with the staff appointed by the less such disclosure is made in connec- City Manager to: tion with the conduct of such investiga- 1. Review and provide feedback to city tion or after the commission has held a staff on the annual report prepared public hearing upon a complaint filed in for transmission to the Mayor and connection with such charge. This sec - City Council describing the work per- tion does not prevent any complainant, formed by the staff and the commis- witness, or other person from publicizing sion the filing of a charge or complaint or the 2. Discuss, develop, and submit budget matter therein complained of. requests in furtherance of the objec- 8-2-16: SUBPOENAS: The staff assigned tives and goals of the Commission to the commission may issue subpoenas and Department and order discovery in aid of investiga- 3. Review at the regular meetings in- tions under this title pursuant to the Ad - take and complaint data. ministrative Rules. Such subpoenas and 4. As needed, prepare for public hear- discovery may be ordered to the same ings by attending training on the pro- extent and subject to the same limitations cedures outlined in the Administrative as would apply for county attorney sub - Rules for conducting a hearing. poenas. G. To make recommendations to the City Section 2. This ordinance shall take effect Council concerning advancing equity, upon publication. promoting inclusion, and addressing Passed, approved, and adopted this 18th discrimination in order to improve quali- day of November 2024. ty of life, livability and equity for all resi- Brad Cavanagh, Mayor dents, including the adjustment or Attest: Adrienne Breitfelder, City Clerk adoption of regulations consistent with and necessary for the civil rights en- 6. Award 2024 SRF Green Alley Project: forcement provisions of this Title. Motion by Roussell to receive and file the doc- H. To cooperate, within the limits of any uments and adopt Resolution No. 385-24 appropriations made for its operation, Awarding Public Improvement Construction with other agencies or organizations, Contract for the 2024 SRF Green Alley Pro - both public and private, whose purpos- ject. Seconded by Sprank. City Council Mem- es are consistent with those of this bers emphasized the importance of improving chapter, in the planning and conducting the alleys near Central Avenue as part of the of programs designed to advance equi- broader effort to revitalize the area. Motion ty or eliminate discrimination or cultural carried 7-0. and intergroup tensions. I. To receive, administer, dispense, and RESOLUTION NO. 385-24 account for any restricted funds that AWARDING PUBLIC IMPROVEMENT CON - may be donated to the commission and STRUCTION CONTRACT FOR THE 2024 any grants that may be awarded the SRF GREEN ALLEY PROJECT commission for furthering the purposes Whereas, sealed proposals have been of this title. No disbursements will be submitted by contractors for the 2024 SRF Page 491 of 1311 Book 154 Regular Session, November 18, 2024 405 Green Alley Project, (the Project) pursuant to Resolution No. 351-24 and Notice to Bidders published on the City of Dubuque, IA. website and plan room service with statewide circula- tion on the 11th day of October 2024; and Whereas, said sealed bid proposals were opened and read on the 71h day of November 2024, and it has been determined that McDermott Excavating, Inc. of Dubuque, IA., submitted low bid in the amount of $1,202,512.00, and is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That a Public Improvement Construction Contract for the Project is hereby approved and awarded to McDermott Excavat- ing, Inc. and the City Manager is hereby di- rected to execute a Public Improvement Con- tract on behalf of the City of Dubuque for the Project. Passed, adopted and approved this 18th day of November 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7. Award Broadway Sanitary Sewer Im- provement Project: Motion by Jones to receive and file the documents and adopt Resolution No. 386-24 Awarding Public Improvement Construction Contract for The Broadway Street Sanitary Sewer Improvement Project. Second- ed by Farber. City Engineer Gus Psihoyos stated that the awarded bid amount is 16.33% lower than the estimated cost and noted that receiving seven bids made the process highly competitive. Motion carried 7-0. RESOLUTION NO. 386-24 AWARDING PUBLIC IMPROVEMENT CON- STRUCTION CONTRACT FOR THE BROADWAY STREET SANITARY SEWER IMPROVEMENT PROJECT Whereas, sealed proposals have been submitted by contractors for the Broadway Street Sanitary Sewer Improvement Project, (the Project) pursuant to Resolution No. 335- 24 and Notice to Bidders published on the City of Dubuque, IA. website and plan room service with statewide circulation on the 23rd day of October 2024; and Whereas, said sealed proposal was opened and read on the 7th day of November 2024 and it has been determined that Tschig- gfrie Excavating Co., of Dubuque, IA. submit- ted low bid in the amount of $266,668.30, and is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That a Public Improvement Construction 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 18th day of November 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 8. Eagle Point Water Plant Supervisory Control and Data Acquisition (SCADA) Up- grade Award Construction Contract: Motion by Sprank to receive and file the documents and adopt Resolution No. 387-24 Awarding Public Improvement Construction Contract for The Eagle Point Water Plant Supervisory Control and Data Acquisition (SCADA) Upgrade Pro- ject. Seconded by Wethal. Motion carried 7-0. RESOLUTION NO. 387-24 AWARDING PUBLIC IMPROVEMENT CON- STRUCTION CONTRACT FOR THE EAGLE POINT WATER PLANT SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) UPGRADE PROJECT Whereas, sealed proposals have been submitted by contractors for the Eagle Point Water Plant Supervisory Control and Data Acquisition (SCADA) Upgrade Project, (the Project) pursuant to Resolution No. 275-24 and Notice to Bidders published on the City of Dubuque, IA. website and plan room service wide circulation on the 5th day of September 2024; and Whereas, said sealed proposal was opened and read on the 17th day of October 2024 and it has been determined that West- phal and Company, Inc. of Dubuque, IA. sub- mitted low bid in the amount of $253,434.00, plus Alternate A in the amount of $38,552.00, with an hourly rate of $381.00/HR, and is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FO THE CITY OF DUBUQUE, IA. Section 1. That a Public Improvement Construction Contract for the Project is hereby awarded to Westphal and Company, Inc. of Dubuque, IA. 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 18th day of November 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk COUNCIL MEMBER REPORTS Council Member Farber reported on at- tending the National League of Cities' (NLC) Page 492 of 1311 406 Regular Session, December 2, 2024 Book 154 annual conference and the recent publication of NLC's Al Advisory Committee's Al Report and Toolkit. Council Member Jones reported on attend- ing Dubuque Metropolitan Area Solid Waste Agency (DMASWA) Board meetings and the upcoming public hearing regarding their Cus- tomer Convenience Center. Council Member Roussell reported on tour- ing the Sisters of the Presentation of the Blessed Virgin Mary's campus in honor of their 150th anniversary. Mayor Cavanagh also reported on NLC's conference and shared that NLC is celebrating its 100th anniversary. Cavanagh also empha- sized the importance of local government ser- vices and their continued availability, regard- less of the changes brought about by federal and state elections. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 8:39 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 Attor- ney Brumwell. Motion carried 7-0. The City Council reconvened in open ses- sion at 8:57 p.m. stating that staff had been given proper direction. ADJOURNMENT 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 REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on December 2, 2024, 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 Attorney Brumwell. Mayor Cavanagh read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PROCLAMATIONS 1. Eradication of Generational Poverty Day (December 7, 2024) was accepted by Saman- tha Hastings on behalf of the Fountain of Youth Program. 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: Cable TV Commission of October 23, 2024; City Council Proceedings of November 18, 2024; Community Development Advisory Commis- sion of October 16, 2024; Equity and Human Rights Commission of October 8, 2024; Five Flags Civic Center Advisory Commission of September 9, 2024; Historic Preservation Commission of October 17, 2024; Library Board of Trustees Update of October 24, 2024; Park and Recreation Commission of October 15, 2024; Zoning Advisory Commis- sion of October 2, 2024; Zoning Board of Ad- justment of October 24, 2024. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Denise El- lison for personal injury; Bryn Kittle for vehicle damage. Upon motion the documents were received, filed, and referred to the City Attor- ney. Page 493 of 1311 Book 154 Regular Session, December 2, 2024 407 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: Jamie Doyle for personal injury and ve- hicle damage; Denise Ellison for personal inju- ry. Upon motion the documents were received, filed, and concurred. 4. Approval of City Expenditures: Upon motion the documents were received and filed, and Resolution No. 388-24 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. 388-24 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 generally accepted internal control procedures and have been determined to have been req- uisitioned for a lawful municipal purpose; and Whereas, the Chief Financial Officer -City Treasurer has provided a list of Expenditures attached hereto, and by this reference made a part hereof, to be drawn to pay for goods and services provided for City purposes; and Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142-18 adopted May 7, 2018, authorized the Chief Financial Officer -City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. 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 Financial Officer are hereby authorized and directed to provide the statement of receipts and disbursements to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 2nd day of December 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Investment and Debt Management Software Recommendation: City Manager recommended City Council approval of SymPro Treasury Management Solutions for the City's investment and debt management software. Upon motion the documents were received, filed, and approved. 6. Fiscal Year 2024 City Street Financing Report: Upon motion the documents were re- ceived and filed. 7. Application for EPA Brownfields As- sessment Grant: City Manager recommended City Council approval to apply for a 2025 round of EPA Brownfields Assessment Grant in an amount of $500,000. Upon motion the documents were received, filed, and approved. 8. Updated Boards and Commissions Ap- plication and Demographic Information: Upon motion the documents were received and filed. 9. 2024 Maintenance Dredging Project No. 1 - Acceptance of Public Improvement Con- struction Contract - Project Number: 5546000001-304-67990 Harbor Area Dredg- ing: Upon motion the documents were re- ceived and filed, and Resolution No. 389-24 Accepting The 2024 Maintenance Dredging Project No. 1 And Authorizing Final Payment to The Contractor was adopted. RESOLUTION NO. 389-24 ACCEPTING THE 2024 MAINTENANCE DREDGING PROJECT no. 1 AND AUTHOR- IZING FINAL PAYMENT TO THE CON- TRACTOR Whereas, the public improvement contract for the 2024 Maintenance Dredging Project No. 1, (the Project) has been completed by the Contractor, Newt Marine Service of Dubuque Iowa (Contractor), 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 $311,300.00; and Whereas, the Contractor has previously been paid $202,867.75, leaving a credit refund balance of $108,432.25. Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. Page 494 of 1311 Book 154 Regular Session, December 2, 2024 408 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The recommendation of the City Engineer is approved, and the Project is here- by accepted. Section 2. The Finance Director is hereby directed to pay the Contractor for the balance of the retainage of $108,432.25 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 2"d day of December 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 10. Seippel Road Water Main Lowering Project - Acceptance of Public Improvement Construction Contract - Project Code: 4281000059: Upon motion the documents were received and filed, and Resolution No. 390-24 Accepting the Seippel Road Water Main Lowering Project and Authorizing Final Payment to The Contractor was adopted. RESOLUTION NO. 390-24 ACCEPTING THE SEIPPEL ROAD WATER MAIN LOWERING PROJECT AND AUTHOR- IZING FINAL PAYMENT TO THE CON- TRACTOR Whereas, the public improvement contract for the Seippel Road Water Main Lowering Project, (the Project) has been completed by the Contractor, Top Grade Excavating, Inc. of Farley Iowa (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 $172,651.98; and Whereas, the Contractor has previously been paid $164,019.38, leaving a balance of $8,632.60; 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, IA.: Section 1. The recommendation of the City Engineer is approved, and the Project is here- by accepted. Section 2. The Finance Director is hereby directed to pay the Contractor for the balance of the retainage of $8,632.60 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 2"d day of December 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 11. Travel Dubuque Request for Funding for Field of Dreams Project: City Manager rec- ommended City Council approval of the Mem- orandum Agreement with Travel Dubuque regarding funding for the Field of Dreams Pro- ject. Upon motion the documents were re- ceived, filed, and approved. 12. Signed Contract(s): Strand Associates, Inc. for Amendment No. 2 to Task Order No. 22-03 for the Water Treatment Plant and Wa- ter Distribution System Supervisory Control and Data Acquisition System Upgrade. Upon motion the documents were received and filed. 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. Arts and Cultural Affairs Advisory Com- mission: One, 3-Year term through June 30, 2025 (Vacant Business Professional, lives or works inside cultural district term of Robins); One, 3-Year term through June 30, 2026 (Va- cant Public Member 3 term of Riedel); One, 3- Year term through June 30, 2027 (Vacant Business Professional Term of Neuhous). Ap- plicants: David Barba, 2400 Central Ave. (qualifies for Public Member 3 and Business Professional terms); Gail Chavenelle, 1155 Kelly Ln. (qualifies for Public Member 3 and Business Professional terms); Aaron Hefel, 515 1/2 W. 8'h St. (qualifies for Business Pro- fessional, lives or works inside cultural district; Public Member 3 and Business Professional terms); Bree Hernandez, 1298 Locust St. (qualifies for Business Professional, lives or works inside cultural district; Public Member 3 and Business Professional terms); and Jessica Ochoa, 1970 Hale St. (qualifies for Public Member 3 and Business Professional terms). Briana Thompson, 1268 Locust St., spoke in support of applicants Barba and Hernandez. Hefel spoke in support of his application. 2. Equity and Human Rights Commission: One, 3-Year term through January 1, 2027 (Vacant term of Sampson -Brown). Applicants: DeLano Cain -Watson, 994 Patricia Ann Dr.; Traci Phillipson, 2120 Rhomberg Ave. Cain - Watson spoke in support of his application. Appointments were made to the following boards/commissions. Page 495 of 1311 Book 154 Regular Session, December 2, 2024 409 1. Housing Appeals and Mediation Board: One, 3-Year term through January 1, 2027 (Vacant term of Spence). Applicant: Cole Han- sen, 408 Burch St. Motion by Roussell to ap- point Hansen to the term. Seconded by Sprank. Motion carried 7-0. 2. Housing Commission: Two, 3-Year terms through August 17, 2027 (Vacant terms of White and Wooden). Applicants: Matt Henick, 2115 Golden Eagle Dr. (Additional Applicant); David Wall, 1710 '/2 White St. Mo- tion by Jones to appoint Henick and Wall to the terms. Seconded by Roussell. Motion car- ried 7-0. 3. Resilient Community Advisory Commis- sion: One, 3-Year term through July 1, 2026 (Vacant term of Chamberland). Applicant: Da- vid McDermott, 919 Kirkwood St. Motion by Jones to appoint McDermott to the term. Se- conded by Farber. Motion carried 7-0. PUBLIC HEARINGS 1. Resolution Approving a Proposed De- velopment Agreement with Miller Companies, LLC: Motion by Resnick to receive and file the documents and adopt Resolution No. 391-24 Approving A Development Agreement by and Between the City of Dubuque, IA. and Miller Companies, LLC, Including the Proposed Is- suance of Urban Renewal Tax Increment Rev- enue Obligations. Seconded by Jones. City Council Members expressed excitement about the number of Development Agreements up for consideration at tonight's meeting and the positive impact they are expected to have. Motion carried 7-0. RESOLUTION NO. 391-24 APPROVING A DEVELOPMENT AGREE- MENT BY AND BETWEEN THE CITY OF DUBUQUE, IA. AND MILLER COMPANIES, LLC, INCLUDING THE PROPOSED ISSU- ANCE OF URBAN RENEWAL TAX INCRE- MENT REVENUE OBLIGATIONS Whereas, Miller Companies, LLC is the owner of the property legally described as fol- lows: The North 26 '/2 feet of Lot 26, and all of Lot 27A, in the City of Dubuque, IA. ac- cording to the United States Commis- sioners' Map thereof (the Property); and Whereas, the City Council, by Resolution No. 375-24, dated November 18, 2024, de- clared its intent to enter into a Development Agreement by and between the City of Dubu- que, IA., and Miller Companies, LLC, including the issuance of Urban Renewal Tax Increment Obligations; and Whereas, pursuant to published notice, a public hearing was held on the proposed De- velopment Agreement on December 2, 2024, 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 Miller Companies, 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, IA.: Section 1. The Development Agreement by and between the City of Dubuque, IA., and Miller Companies, LLC, a copy of which is attached hereto, including the issuance of Ur- ban Renewal Tax Increment Revenue Obliga- tions, is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute the Development Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. The City Manager is authorized to take such actions as are necessary to com- ply with the terms of the Development Agree- ment as herein approved. Passed, approved, and adopted this 2nd day of December 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Resolution Approving a Proposed De- velopment Agreement with Limestone Legacy, LLC: Motion by Sprank to receive and file the documents and adopt Resolution No. 392-24 Approving A Development Agreement by And Between the City of Dubuque, IA. and Lime- stone Legacy, LLC, Including the Proposed Issuance of Urban Renewal Tax Increment Revenue Obligations. Seconded by Wethal. In response to a question about the Downtown Rehabilitation Grant and competition for fund- ing, Van Milligen and Economic Development Director Jill Connors noted the grant's $200,000 annual budget. While the facade grant is fully allocated, staff have identified additional funds for any projects that may ap- ply for the grant before the fiscal year ends. City Council Members highlighted the grant's positive community impact and expressed concern that future state funding restrictions could limit program support. Motion carried 7- 0. RESOLUTION NO. 392-24 APPROVING A DEVELOPMENT AGREE- MENT BY AND BETWEEN THE CITY OF DUBUQUE, IA. AND LIMESTONE LEGACY, LLC, INCLUDING THE PROPOSED ISSU- ANCE OF URBAN RENEWAL TAX INCRE- MENT REVENUE OBLIGATIONS Whereas, Limestone Legacy, LLC is the Page 496 of 1311 Book 154 Regular Session, December 2, 2024 410 owner of the property legally described as fol- lows: The South Half of the South one -fifth of Out Lot 441, in the City of Dubuque, IA., according to the United States Commis- sioners' Map of the Survey of the Town of Dubuque, IA. (the Property); and Whereas, the City Council, by Resolution No. 376-24, dated November 18, 2024, de- clared its intent to enter into a Development Agreement by and between the City of Dubu- que, IA., and Limestone Legacy, LLC, includ- ing the issuance of Urban Renewal Tax Incre- ment Obligations; and Whereas, pursuant to published notice, a public hearing was held on the proposed De- velopment Agreement on December 2, 2024, 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 Limestone Legacy, 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, IA.: Section 1. The Development Agreement by and between the City of Dubuque, IA., and Limestone Legacy, LLC, a copy of which is attached hereto, including the issuance of Ur- ban Renewal Tax Increment Revenue Obliga- tions, is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute the Development Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. The City Manager is authorized to take such actions as are necessary to com- ply with the terms of the Development Agree- ment as herein approved. Passed, approved, and adopted this 2nd day of December 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Resolution Approving a Proposed De- velopment Agreement with 1400 Central, LLC: Motion by Jones to receive and file the docu- ments and adopt Resolution No. 393-24 Ap- proving A Development Agreement by And Between the City of Dubuque, IA. And 1400 Central, LLC, Including the Proposed Issuance of Urban Renewal Tax Increment Revenue Obligations. Seconded by Wethal. Leisha Schumacher, co-owner of 1400 Central LLC, 315 E 5th St., Suite 200, Waterloo, provided an overview of the building's history and planned updates. Van Milligen confirmed, in response to a question, that the facade grant applies to this project and that developers proposed grant modifications to city staff which were incorporated into recent updates. City Council Members thanked the developers for their in- put and city staff for acting on the recommen- dations. Motion carried 7-0. RESOLUTION NO. 393-24 APPROVING A DEVELOPMENT AGREE- MENT BY AND BETWEEN THE CITY OF DUBUQUE, IA. AND 1400 CENTRAL, LLC, INCLUDING THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS Whereas, 1400 Central, LLC is the owner of the property legally described as follows: The Westerly 65 feet of the Southerly 31 feet 7 '/2 inches of Lot 443 in the City of Dubuque, IA., according to the United States Commissioners' Map of the Town of Dubuque, IA. (the Property); and Whereas, the City Council, by Resolution No. 377-24, dated November 18, 2024, de- clared its intent to enter into a Development Agreement by and between the City of Dubu- que, IA., and 1400 Central, LLC, including the issuance of Urban Renewal Tax Increment Obligations; and Whereas, pursuant to published notice, a public hearing was held on the proposed De- velopment Agreement on December 2, 2024, 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 1400 Central, 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, IA.: Section 1. The Development Agreement by and between the City of Dubuque, IA., and 1400 Central, LLC, a copy of which is attached hereto, including the issuance of Urban Re- newal Tax Increment Revenue Obligations, is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute the Development Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. The City Manager is authorized to take such actions as are necessary to com- ply with the terms of the Development Agree- ment as herein approved. Passed, approved, and adopted this 2nd day of December 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk Page 497 of 1311 Book 154 Regular Session, December 2, 2024 411 4. Resolution Approving a Proposed De- velopment Agreement with Nia Neighborhoods Opportunity Zone Fund, LLC: Motion by Rous- sell to receive and file the documents and adopt Resolution No. 394-24 Approving A De- velopment Agreement by And Between the City of Dubuque, IA. and Nia Neighborhoods Opportunity Zone Fund, LLC, Including the Proposed Issuance of Urban Renewal Tax Increment Revenue Obligations. Seconded by Sprank. Developer Yindra Dixon, 251 Hidden Oaks Ct., provided an overview of the building and commended the updates to the fagade grant program. City Council Members noted improvements in the development process and city staff's efforts to address concerns. Motion carried 7-0. RESOLUTION NO. 394-24 APPROVING A DEVELOPMENT AGREE- MENT BY AND BETWEEN THE CITY OF DUBUQUE, IA. AND NIA NEIGHBORHOODS OPPORTUNITY ZONE FUND, LLC, INCLUD- ING THE PROPOSED ISSUANCE OF UR- BAN RENEWAL TAX INCREMENT REVE- NUE OBLIGATIONS Whereas, Nia Neighborhoods Opportunity Zone Fund, LLC is the owner of the property legally described as follows: The South 26.30 feet of the North 1/5 of Lot 482 in the City of Dubuque, IA., ac- cording to the United States Commis- sioners' Map thereof (the Property); and Whereas, the City Council, by Resolution No. 378-24, dated November 18, 2024, de- clared its intent to enter into a Development Agreement by and between the City of Dubu- que, IA., and Nia Neighborhoods Opportunity Zone Fund, LLC, including the issuance of Urban Renewal Tax Increment Obligations; and Whereas, pursuant to published notice, a public hearing was held on the proposed De- velopment Agreement on December 2, 2024, 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 Nia Neighborhoods Opportunity Zone Fund, 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, IA.: Section 1. The Development Agreement by and between the City of Dubuque, IA., and Nia Neighborhoods Opportunity Zone Fund, LLC, a copy of which is attached hereto, including the issuance of Urban Renewal Tax Increment Revenue Obligations, is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute the Development Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. The City Manager is authorized to take such actions as are necessary to com- ply with the terms of the Development Agree- ment as herein approved. Passed, approved, and adopted this 2nd day of December 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Approving a Proposed Development Agreement with SJR Properties, L.L.C. and Universal Tank & Fabrication, Inc.: Motion by Farber to receive and file the documents and adopt Resolution No. 395-24 Approving A De- velopment Agreement by And Among the City of Dubuque, IA., SJR Properties, L.L.C., And Universal Tank & Fabrication, Inc., Including the Issuance of Urban Tax Increment Revenue Obligations. Seconded by Wethal. Jason White, Vice President of Business Services at Greater Dubuque Development Corporation (GDDC), 224 4th Ave. SE, Dyersville, spoke about GDDC's involvement with Universal Tank & Fabrication, Inc. He relayed thanks from Dan Davis, Principal of Universal Tank & Fabrication, Inc., who was unable to attend, for the city's support. In response to a question about the job commitment terms in the Devel- opment Agreement, Van Milligen explained that such language is standard. If the company falls below 50 full-time equivalent positions at any point during the 10-year agreement, the rebate is reduced proportionally. Employers must provide annual certification of their em- ployee numbers. Motion carried 7-0. RESOLUTION NO. 395-24 APPROVING A DEVELOPMENT AGREE- MENT BY AND AMONG THE CITY OF DUBUQUE, IA., SJR PROPERTIES, L.L.C., AND UNIVERSAL TANK & FABRICATION, INC., INCLUDING THE ISSUANCE OF UR- BAN TAX INCREMENT REVENUE OBLIGA- TIONS Whereas, SJR Properties, L.L.C. is the owner of the property legally described as fol- lows: Lot 7 and Lot 8 of Dubuque Industrial Center West 2nd Addition in the City of Dubuque, IA., according to the recorded plat thereof (the Property); and Whereas, the City Council, by Resolution No. 379-24, dated November 18, 2024, de- clared its intent to enter into a Development Agreement by and among the City of Dubu- que, IA., SJR Properties, L.L.C., and Universal Tank & Fabrication, Inc, including the issuance of Urban Renewal Tax Increment Revenue Obligations; and Page 498 of 1311 Book 154 Regular Session, December 2, 2024 412 Whereas, pursuant to published notice, a public hearing was held on the proposed De- velopment Agreement on December 2, 2024, 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 SJR Properties, L.L.C., and Universal Tank & Fabrication, Inc., 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, IA.: Section 1. The Development Agreement by and among the City of Dubuque, IA., SJR Properties, L.L.C., and Universal Tank & Fab- rication, Inc., including the issuance of Urban Renewal Tax Increment Revenue Obligations, is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute the Development Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. The City Manager is authorized to take such actions as are necessary to com- ply with the terms of the Development Agree- ment as herein approved. Passed, approved and adopted this 2nd day of December 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Public Hearing and Approval of Second Amendment to the Lease Agreement by and Between the City of Dubuque, IA. and the Dubuque County Historical Society: Motion by Sprank to receive and file the documents and adopt Resolution No. 396-24 Approving A Second Amendment to The Lease Agreement by And Between the City of Dubuque, IA., And Dubuque County Historical Society. Seconded by Wethal. Motion carried 7-0. RESOLUTION NO. 396-24 APPROVING A SECOND AMENDMENT TO THE LEASE AGREEMENT BY AND BE- TWEEN THE CITY OF DUBUQUE, IA., AND DUBUQUE COUNTY HISTORICAL SOCIETY Whereas, City is the owner of a public facil- ity known as Mathias Ham House (the Ham House) which is leased to Dubuque County Historical Society with a legal description of Lots 530, 1 of 531, 2 of 531 and 532 all in Hams Addition, in the City of Dubuque; and Whereas, Dubuque County Historic Socie- ty desires to extend the current lease period and continue to operate the Ham House; and Whereas, the City Council by Resolution No. 380-24, dated November 18, 2024 de- clared its intent to enter into a Second Amendment to the Lease Agreement by and between the City of Dubuque, IA. and Dubu- que County Historical Society; and Whereas, pursuant to a published notice, a public hearing was held on the proposed Sec- ond Amendment to the Lease Agreement on December 2, 2024; and Whereas, it is the determination of the City Council that approval of the Second Amend- ment to the Lease Agreement for the public facility known as the Ham House, according to the terms and conditions set out in the lease agreement and its amendments, is in the best interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The Second Amendment to the Lease Agreement by and between the City of Dubuque, IA. and Dubuque County Historical Society for the Ham House, a copy attached hereto, is hereby approved. Section 2. That the Mayor is hereby au- thorized and directed to execute the Second Amendment to 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 Second Amend- ment to the Lease Agreement as herein ap- proved. Passed, approved, and adopted this 2nd day of December 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk ACTION ITEMS 1. Kerper Boulevard Lift Station Project - Award Public Improvement Contract - Project No. 5581500047: Motion by Sprank to receive and file the documents and adopt Resolution No. 397-24 Awarding Public Improvement Construction Contract for The Kerper Boule- vard Lift Station Project. Seconded by Wethal. In response to questions about the estimated cost, Van Milligen and City Engineer Gus Psi- hoyos clarified that the estimate represents the maximum amount, excluding change orders. Psihoyos noted that while staff review all po- tential scenarios when developing project plans and specifications, unforeseen work may still arise for any project. Motion carried 7-0. RESOLUTION NO. 397-24 AWARDING PUBLIC IMPROVEMENT Con- struction CONTRACT FOR THE KERPER BOULEVARD LIFT STATION PROJECT Whereas, sealed proposals have been submitted by contractors for the Kerper Boule- vard Lift Station Project, (the Project) pursuant to Resolution No. 334-24 and Notice to Bid - Page 499 of 1311 Book 154 Regular Session, December 2, 2024 413 ders published on the City of Dubuque, IA. website and plan room service with statewide circulation on the 23rd day of October 2024; and Whereas, said sealed proposal was opened and read on the 21 st day of November 2024 and it has been determined that Tschig- gfrie Excavating Co., of Dubuque, IA. submit- ted low bid in the amount of $1,843,385.90, and is the lowest responsive, responsible bid- der for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That a Public Improvement Construction 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 2"d day of December 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Council Member Susan Farber Ap- pointment to National League of Cities (NLC) Information Technology and Communications Committee: Motion by Roussell to receive and file the documents and congratulate Farber on her appointment as vice chair of NLC 2025 Information Technology and Communications Federal Advocacy Committee. Seconded by Resnick. City Council Members commended Farber for her service. Farber expressed that it is an honor to represent the City and show- case our use cases. Motion carried 7-0. 3. Work Session Request: Sustainable Dubuque: Motion by Resnick to receive and file the documents and schedule the work ses- sion for February 17, 2025, at 5:30 p.m. Se- conded by Roussell. Motion carried 7-0. 4. Work Session Request: Iowa Jobs for America's Graduates (iJAG) City Life Student Presentation to City Council: Motion by Res- nick to receive and file the documents and schedule the work session for May 5, 2025, at 5:30 p.m. Seconded by Jones. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Jones reported on the re- cent Dubuque Racing Association (DRA) board meeting and the recent opening of Is- land Social at Q Casino. Council Member Resnick reported that Cathy Goodman has been performing the an- nual SnowBiz holiday show for 15 years, and that this year's performance will be her last one. Council Member Wethal reported on San- ta's recent visit to Bluff St. and encouraged residents to shop local. Mayor Cavanagh commended Dubuque Main Street's efforts to support local business- es on Small Business Saturday. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 7:30 p.m. to discuss Confidential Rec- ords, Pending Litigation, and Purchase or Sale of Real Estate — Chapter 21.5(1)(a),(c),Q) Code of Iowa. Seconded by Roussell. 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 7-0. The City Council reconvened in open ses- sion at 9:19 p.m. stating that staff had been given proper direction. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 9:19 P.M. /s/Adrienne N. Breitfelder, CMC, City Clerk Page 500 of 1311 414 Special and Regular Sessions, December 16, 2024 Book 154 CITY OF DUBUQUE IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:15 p.m. on December 16, 2024, 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 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 Greater Dubuque Development Corporation and Retail Strategies findings and recommendations. WORK SESSION Greater Dubuque Development Corporation - Retail Strategies Findings and Recommenda- tions Rick Dickinson, President and CEO of Greater Dubuque Development Corporation, and Michael Warsaw, Portfolio Director of Re- tail Strategies, presented their findings and recommendations on opportunities to enhance the community's retail and hospitality sectors. In response to questions, the presenters ex- plained that the community's makeup influ- ences the types of businesses that can be recruited, noting that it has broadened in re- cent years. Warsaw discussed the data retail- ers use to identify new markets and encour- aged the City Council to collaborate with de- velopers to reduce lead times. There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:27 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 December 16, 2024, 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 Attorney Brumwell. Mayor Cavanagh read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE 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 December 2, 2024; Five Flags Civic Center Advisory Commission of September 9, 2024; Historic Preservation Commission of October 17, 2024; Long Range Planning Advisory Commission Draft Minutes of November 20, 2024; Park and Recreation Commission of November 12, 2024; Resilient Community Advisory Commission of October 3, 2024; Proof of Publication for City Council Proceedings of November 4, 2024. Upon mo- tion the documents were received and filed. 2. Notice of Claims and Suits: Lois Kamp for vehicle damage; Laura Schroeder for vehi- cle damage. 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: Sierra Eversoll for vehicle damage; Bryn Kittle for vehicle damage; Laura Schroeder for vehicle damage. Upon motion the documents were received, filed, and concurred. 4. Approval of City Expenditures: Upon motion the documents were received and filed, and Resolution No. 398-24 Authorizing the Page 501 of 1311 Book 154 Regular Session, December 16, 2024 415 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. 398-24 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 generally accepted internal control procedures and have been determined to have been req- uisitioned for a lawful municipal purpose; and Whereas, the Chief Financial Officer -City Treasurer has provided a list of Expenditures attached hereto, and by this reference made a part hereof, to be drawn to pay for goods and services provided for City purposes; and Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142-18 adopted May 7, 2018, authorized the Chief Financial Officer -City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. 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 Financial Officer are hereby authorized and directed to provide the statement of receipts and disbursements to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 16th day of December 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Kohl's Department Store 2023 & 2024 Property Tax Appeal Stipulation of Settlement Approval: Senior Counsel recommended ap- proval of the Stipulation of Settlement for a 2023 and 2024 property tax appeal filed by Kohl's Department Store, Inc. for their property located at 2595 NW Arterial. Upon motion the documents were received, filed, and approved. 6. 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. 399-24 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. 399-24 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, IA. (City) and ITC Midwest, LLC (ITC Midwest) have tentatively entered into an Agreement for the operation 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 approve the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The attached 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 16th day of December 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7. Public, Educational, and Governmental (PEG) Access Equipment Grant Program and PEG Channel Guidelines Updates: City Man- ager recommended City Council approval of changes to the policies and procedures related to the Public, Educational, and Governmental (PEG) Access Equipment Grant Program and guidelines for Dubuque's PEG channels as attached. Upon motion the documents were received, filed, and approved. 8. FY2025 Main Street Iowa Program Agreement: Upon motion the documents were received and filed, and Resolution No. 400-24 Approving an Agreement by and among the Iowa Economic Development Authority, Page 502 of 1311 416 Regular Session, December 16, 2024 Book 154 Dubuque Main Street, Ltd. And The City of Dubuque Providing for The Dubuque Main Street Program in The City of Dubuque was adopted. RESOLUTION NO. 400-24 APPROVING AN AGREEMENT BY AND AMONG THE IOWA ECONOMIC DEVELOP- MENT AUTHORITY, DUBUQUE MAIN STREET, LTD. AND THE CITY OF DUBU- QUE PROVIDING FOR THE DUBUQUE MAIN STREET PROGRAM IN THE CITY OF DUBUQUE Whereas, an Agreement by and among the Iowa Economic Development Authority, Dubu- que Main Street, LTD. and the City of Dubu- que has been prepared for the purpose of con- tinuing the Local Main Street Program in the City of Dubuque; and Whereas, this Agreement is pursuant to contractual agreements between Dubuque Main Street, LTD., and the Iowa Economic Development Authority to assist in the revitali- zation of the designated Main Street District of the City of Dubuque Iowa; and Whereas, the City Council of the City of Dubuque endorses the goal of economic revi- talization of the Main Street District within the context of preservation and rehabilitation of its historic buildings and supports the continuation of the Main Street Approach as developed by Main Street America and espoused by Main Street Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the City of Dubuque hereby agrees to support both financially and philo- sophically the work of Dubuque Main Street, LTD., designates the Main Street, LTD. Board to supervise the Executive Director, and com- mits to appoint a City official to represent the City on the local Main Street LTD. Board. The source of funds to support Dubuque Main Street will be from the City's General Fund. Section 2. That the Mayor is hereby au- thorized and directed to execute the attached Agreement on behalf of the City of Dubuque. Section 3. That the City Manager is author- ized to take such actions as are necessary to comply with the terms of the Agreement as herein approved. Passed, approved and adopted this 16th day of December 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 9. State of Iowa Business Financial Assis- tance Contract among Universal Tank & Fabri- cation Inc., the City of Dubuque, and the Iowa Economic Development Authority: Upon mo- tion the documents were received and filed, and Resolution No. 401-24 Approving the Con- tract for State Business Financial Assistance by And Among Universal Tank & Fabrication Inc., The City of Dubuque, IA., and the Iowa Economic Development Authority was adopt- ed. RESOLUTION NO. 401-24 APPROVING THE CONTRACT FOR STATE BUSINESS FINANCIAL ASSISTANCE BY AND AMONG UNIVERSAL TANK & FABRI- CATION INC., THE CITY OF DUBUQUE, IA., AND THE IOWA ECONOMIC DEVELOP- MENT AUTHORITY Whereas, Universal Tank & Fabrication Inc. has proposed making a Four Million Nine Hundred Twenty -Five Thousand Dollar ($4,925,000) investment in building improve- ments to its existing facility at 8025 Chavenelle Drive (the Project) which will allow the creation of a minimum of ten (10) full-time jobs in the City of Dubuque; and Whereas, the City Council of the City of Dubuque, IA. has considered the proposal and has determined that the proposed Project will contribute to the local economy; and Whereas, financial assistance from the Io- wa Economic Development Authority is de- signed to assist in the economic development efforts of local jurisdictions; and Whereas, the Iowa Economic Development Authority has requested execution of an Eco- nomic Development Assistance Contract in order to finalize incentives and document as- sociated terms for the tenant improvements of Universal Tank & Fabrication, Inc. for the pro- posed project; and Whereas, the City Council finds that ap- proval by the City of Dubuque of Economic Development Assistance Contract 25-HQJP- 006 by and among Universal Tank & Fabrica- tion, Inc., the City of Dubuque, and the Iowa Economic Development Authority, a copy of which is attached hereto, is in the best interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That Economic Development Assistance Contract 25-HQJP-006 is hereby approved. Section 2. That the Mayor is hereby au- thorized to execute, and the City Manager is hereby directed to submit the Economic De- velopment Assistance Contract 25-HQJP-006 to the Iowa Economic Development Authority together with such other documents as may be required. Passed, approved, and adopted this 16th day of December 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk Page 503 of 1311 Book 154 Regular Session, December 16, 2024 417 10. FY24/PY23 End -of -Year Review for the Community Development Block Grant Consol- idated Annual Performance and Evaluation Report (CAPER): Upon motion the documents were received and filed. 11. Lead & Healthy Home Program Grant Agreement: Upon motion the documents were received and filed, and Resolution No. 402-24 Resolution Authorizing the City Manager or his Designee to execute an Agreement and any further documents required for the execution of the Lead and Healthy Homes Grant Award was adopted. RESOLUTION NO. 402-24 AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREE- MENT AND ANY FURTHER DOCUMENTS REQUIRED FOR THE EXECUTION OF THE LEAD AND HEALTHY HOMES GRANT AWARD Whereas, the U.S. Department of Housing and Urban Development has published a No- tice of Funding Availability (NOFA) for the Lead and Healthy Homes Program; and Whereas, the City of Dubuque applied for the grant opportunity in August 2024 in the amount of $5,197,053; and Whereas, the U.S. Department of Housing and Urban Development awarded $5,197,053 to the City of Dubuque to administer the Lead and Healthy Homes Program, and entered into negotiations for an agreement; and Whereas, the City of Dubuque proposes acceptance of the Lead and Healthy Homes Program funding from the U.S. Department of Housing and Urban Development to assist approximately 100 units. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1: The Mayor is hereby authorized accept the $5,197,053 Lead and Healthy Homes funds and approve the agreement with the U.S. Department of Housing and Urban Development; and Section 2: That the City Manager and the Housing & Community Development Director are hereby authorized and directed to execute any further documents to ensure the grant program regulations stipulated in the agree- ment are met. Passed, approved and adopted this 16"' day of December 2024. Brad M Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 12. Request for Approval of Pet Licensing Service RFP: Upon motion the documents were received, filed, and approved. 13. Acceptance of Certain Subdivision Im- provements in Silver Oaks Estates #3 (Phase 2 of Silver Oaks Subdivision): Upon motion the documents were received and filed, and Reso- lution No. 403-24 Accepting Public Improve- ments in Silver Oaks Estates # 3 (Silver Oaks Phase 2), in the City of Dubuque, IA. was adopted. RESOLUTION NO. 403-24 ACCEPTING PUBLIC IMPROVEMENTS IN SILVER OAKS ESTATES # 3 (SILVER OAKS PHASE 2), IN THE CITY OF DUBUQUE, IA. Whereas, pursuant to Resolution 284-22, certain public improvements including street paving with curb, sanitary sewer main, water main, storm sewers and catch basins, street lighting, fiber optic conduit, accessible side- walk ramps, and storm water detention facili- ties were installed by the developer of Silver Oaks Estates # 3 (Phase 2 of Silver Oaks Subdivision) in the City of Dubuque, IA.; and Whereas, the improvements, except for storm water detention facilities, have been fully completed and the City Manager has exam- ined the work and has filed a certificate stating that the same has been completed in accord- ance with the plans approved by the City Council and in conformance with City specifi- cations, and has recommended that the im- provements be accepted by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the recommendation of the City Manager be approved and that said public improvements in Silver Oaks Estates # 3 (Phase 2 of Silver Oaks Subdivision), except for storm water detention facilities, be and the same is hereby accepted. Section 2. That a maintenance guarantee covering said public improvements shall be provided by the owners, Royal Oaks Devel- opment Corporation, for a period of two (2) years from the date of this resolution. Passed, approved and adopted this 16th day of December 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 14. Union at the Marina, LP Property Right of Way Plat and Dedication for Proposed Park- ing Lot Improvements on Hawthorne Street: Upon motion the documents were received and filed, and Resolution No. 404-24 Approv- ing the Acquisition Plat of Lot A of Lot 1-2 of Block 2 in River Front Subdivision No. 3, in the City of Dubuque, IA. was adopted. RESOLUTION NO. 404-24 APPROVING THE ACQUISITION PLAT OF LOT A OF LOT 1-2 OF BLOCK 2 IN RIVER FRONT SUBDIVISION NO. 3, IN THE CITY Page 504 of 1311 Book 154 Regular Session, December 16, 2024 418 OF DUBUQUE, IA. Whereas, there has been presented to the City Council of the City of Dubuque, IA., an Acquisition Plat dated November 18, 2024 prepared by The City of Dubuque Engineering Department describing Lot A of Lot 1-2 of Block 2 in River Front Subdivision No. 3, in the City of Dubuque, IA.; and Whereas, said plat conforms to the laws and statutes pertaining thereto; and Whereas, upon said plat appears Lot A of Lot 1-2 of Block 2 in River Front Subdivision No. 3, in the City of Dubuque, IA., which Union at the Marina, LP by said plat has dedicated to the public forever. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the plat dated November 18, 2024, 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 authorized and directed to execute said plat and on behalf of the City of Dubuque, IA. Section 2. That the dedication of Lot A of Lot 1-2 of Block 2 in River Front Subdivision No. 3, in the City of Dubuque, IA., for Right of Way for street and utility purposes, as it ap- pears 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, IA. Passed, approved and adopted this 161h day of December 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 15. Approval for Amendment #2 with Vidl Solutions: Upon motion the documents were received, filed, and approved. 16. Signed Contract(s): Tschiggfrie Exca- vating, Co. for the Broadway Sanitary Sewer Improvements Project. Upon motion the doc- uments were received and filed. 17. Drug and Alcohol Policy - DBA The Jule: Upon motion the documents were re- ceived, filed, and approved. 18. Approval of Retail Alcohol Licenses: Upon motion the documents were received and filed, and Resolution No. 405-24 Approv- ing applications for retail alcohol licenses, as required by City of Dubuque Code of Ordi- nances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 405-24 APPROVING APPLICATIONS FOR RETAIL ALCOHOL LICENSES, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANC- ES 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 re- quirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. 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: Business Name, Business Address Beecher Liquor, 1691 Asbury Rd Brazen Open Kitchen Bar, 955 Washington St., Suite 101 Dubuque Golf & Country Club, 1800 Randall PI. Dubuque Museum of Art, 701 Locust St. EL1 Dubuque, 415, 555 John F Kennedy Rd. Fuel Express Food Mart, 250 West 151 St. Gary Dolphin's Iron Bar, 333 East loth St, Suite 104 Holiday Inn Dubuque Five Flags, 450 Main St. Kwik Stop 76, 2320 Gateway Dr. Kwik Stop, 1215 East 16th St. Ste 300 Magoo's Pizza, 1875 University Ave. Next Phase Bar, 1700 Central Ave. The Moracco, 1413 Rockdale Rd. Towneplace Suites By Marriott - Dubuque, 1151 Washington St. Passed, approved, and adopted this 16th day of December 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 19. Approval of Retail Tobacco, Tobacco Products, Alternative Nicotine Products, Vapor Products, and Device Permit Applications: Upon motion the documents were received and filed, and Resolution No. 406-24 Approv- ing Applications for Retail Tobacco, Tobacco Products, Alternative Nicotine Products, Vapor Page 505 of 1311 Book 154 Regular Session, December 16, 2024 419 Products, And Device Permits, As Required by Iowa Code 453A.47A And Senate File 345 was adopted. RESOLUTION NO. 406-24 APPROVING APPLICATIONS FOR RETAIL TOBACCO, TOBACCO PRODUCTS, AL- TERNATIVE NICOTINE PRODUCTS, VAPOR PRODUCTS, AND DEVICE PERMITS, AS REQUIRED BY IOWA CODE 453A.47A AND SENATE FILE 345 Whereas, applications for Tobac- co/Tobacco Products/Alternative Nicotine Products/Vapor Products/Device retail permits have been submitted and filed with the City Clerk; and Whereas, the applicants have filed the proper application and fees as required by the Iowa Department of Revenue; and Whereas, applications are presented to City Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. THAT: Section 1. The City Clerk is hereby author- ized and directed to cause to be issued the following named applicants and locations for Cigarette/Device/Tobacco/Nicotine/Vapor retail permit. Effective from: January 1, 2025, to June 30, 2025 Business Name, Business Address, Permit Type Altered State, 1523 Central Ave., Device Re- tailer Altered State, 1523 Central Ave., Retail To- bacco The Great Vape, 3250 Central Ave., Device Retailer Passed, approved, and adopted this 16th day of December 2024. 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 Development Agreement with Dubuque and Jackson County Habitat for Hu- manity: Upon motion the documents were re- ceived and filed and Resolution No. 407-24 Fixing the Date for A Public Hearing of The City Council of The City of Dubuque, IA. On A Development Agreement by And Between the City of Dubuque, IA. And Dubuque and Jack- son County Habitat for Humanity, Including the Proposed Issuance of Urban Renewal Tax Increment Revenue Grant 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 January 6, 2025, in the Historic Fed- eral Building. RESOLUTION NO. 407-24 FIXING THE DATE FOR A PUBLIC HEAR- ING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. ON A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IA. AND DUBUQUE AND JACKSON COUNTY HABITAT FOR HUMAN- ITY, INCLUDING THE PROPOSED ISSU- ANCE OF URBAN RENEWAL TAX INCRE- MENT REVENUE GRANT OBLIGATIONS RELATING THERETO AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, City and Dubuque and Jackson County Habitat for Humanity have tentatively entered into a Development Agreement, sub- ject 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, IA. for the development of property located in the Mount Pleasant Place Urban Renewal Area in the City of Dubuque; and Whereas, the City Council has tentatively determined that it would be in the best inter- ests of the City to approve the Development Agreement with Dubuque and Jackson County Habitat for Humanity; and Whereas, it is deemed necessary and ad- visable that City should authorize Urban Re- newal Tax Increment Revenue Grant Obliga- tions, 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 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 DUBUQUE, IA.: 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 Grant Obligations, to be held on the 6th day of January 2025 at 6:30 p.m. The official agenda will be posted on Friday, January 3, 2025, and will contain listening, viewing, and public input options. The City Council agenda can be accessed at https://dubuqueia.portal. civicclerk.com/ or by contacting the City Page 506 of 1311 Book 154 Regular Session, December 16, 2024 420 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 Re- newal Tax Increment Revenue Grant Obliga- tions and the execution of the Development Agreement relating thereto with Dubuque and Jackson County Habitat for Humanity, the pro- ceeds of which obligations will be used to carry out certain of the special financing activities described in the Urban Renewal Plan for the Mount Pleasant Place Urban Renewal Area, consisting of the funding of Urban Renewal Tax Increment Revenue Grant Obligations to Dubuque and Jackson County Habitat for Hu- manity pursuant to the Development Agree- ment. It is expected that the aggregate amount of the Tax Increment Revenue Grant Obliga- tions to be issued will be approximately $500,000. 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 attached hereto. Passed, approved and adopted this 16th day of December, 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Setting a Public Hearing on a Proposed Purchase Agreement by and between the City of Dubuque and Theisen's Warehouse, LLC providing for the Sale of City -owned Real Es- tate: Upon motion the documents were re- ceived and filed and Resolution No. 408-24 Intent to Dispose of an Interest in City of Dubuque Real Estate by sale to Theisen's Warehouse, LLC Pursuant to a Purchase Agreement by and Between the City of Dubu- que and Theisen's Warehouse, LLC and fixing the date for a Public Hearing of the City Coun- cil of the City Of Dubuque, IA. on the Purchase Agreement 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 January 6, 2025, in the Historic Fed- eral Building. RESOLUTION NO. 408-24 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE BY SALE TO THEISEN'S WAREHOUSE, LLC PURSUANT TO A PURCHASE AGREEMENT BY AND BETWEEN THE CITY OF DUBU- QUE AND THEISEN'S WAREHOUSE, LLC AND FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. ON THE PUR- CHASE AGREEMENT AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, IA. (City) is the owner of approximately 2.54 acres at the corner of Chavenelle Road and South Hea- cock Road as shown on Exhibit A (the Proper- ty); and Whereas, City and Theisen's Warehouse, LLC have entered into a Purchase Agreement, subject to the approval of the City Council, pursuant to which City will convey the Property to Theisen's Warehouse, LLC; and Whereas, the City Council has tentatively determined that it would be in the best inter- ests of City to approve the Development Agreement, including the conveyance of the Property to Theisen's Warehouse, LLC; and Whereas, the monetary and non -monetary consideration provided in the Purchase Agreement constitutes "fair value" to the City in exchange for the property as required in Iowa Code Section 403.8(1); and Whereas, before said conveyance may be approved, Chapter 403 of the Code of Iowa requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meeting the City Council shall receive oral and/or written objections from any resident or property owner of said City to such proposed action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The City of Dubuque intends to dispose of its interest in the foregoing - described Property by Deed to Theisen's Warehouse, LLC pursuant to the proposed Purchase 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 - described Property, to be held on the 6'h day of January 2025 at 6:30 p.m. in the form attached hereto. Section 3. The City Clerk is hereby di- rected to cause at least one publication to be made of a notice of said meeting, in a news- paper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four days nor more than twenty days before the date of said meeting on the disposal of the City's interest in the Proper- ty and the issuance of said obligations. Page 507 of 1311 Book 154 Regular Session, December 16, 2024 421 Section 4. That the notice of the proposed action shall be in substantially the form at- tached hereto. Passed, approved and adopted this 1611 day of December, 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Proceedings to Set Public Hearing on the Issuance of Not to Exceed $24,250,000 General Obligation Bonds, Series 2025ABC: Upon motion the documents were received and filed and Resolution No. 409-24 Setting The Date For Public Hearings On Proposals 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 January 6, 2025 in the Historic Federal Building. RESOLUTION NO. 409-24 RESOLUTION SETTING THE DATE FOR PUBLIC HEARINGS ON PROPOSALS 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 "Essential Purpose Loan Agreement') pursuant to the provisions of Section 384.24A of the Code of Iowa and to borrow money thereunder in a principal amount not to exceed $6,190,000 for the purpose of paying the costs, to that extent, of (a) acquiring ambulances, fire protection vehicles, a fire protection boat, EMS equip- ment and fire safety radios and equipment; (b) acquiring solid waste collection vehicles and equipment; (c) undertaking improvements to the municipal airport; and (d) undertaking demolition/deconstruction of a dangerous and dilapidated property (the "Essential Purpose Projects"), 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 Es- sential Purpose Loan Agreement and to give notice thereof as required by such law; and Whereas, the City also proposes to enter into a loan agreement (the "Exterior and Office Renovations Loan Agreement'), pursuant to the provisions of Section 384.24A of the Code of Iowa, and to borrow money thereunder in a principal amount not to exceed $890,000 for the purpose of paying the costs, to that extent, of (a) acquiring and installing fire station gen- erators; (b) undertaking fire station roof re- placement and repairs; (c) undertaking fire station tuck pointing and related exterior re- pairs; and (d) undertaking fire department ad- ministrative office renovations (the "Exterior and Office Renovations Projects"), 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 Exterior and Office Renovations Loan Agreement and to give no- tice thereof as required by such law, including notice of the right to petition for an election on such proposal; and Whereas, the City also proposes to enter into a loan agreement (the "Bunk Room and Systems Improvements Loan Agreement'), pursuant to the provisions of Section 384.24A of the Code of Iowa, and to borrow money thereunder in a principal amount not to exceed $910,000 for the purpose of paying the costs, to that extent, of (a) undertaking fire station bunk room renovations; (b) undertaking fire station mechanical and electrical systems im- provements; and (c) undertaking fire station HVAC replacement (the "Bunk Room and Sys- tems Improvements Projects"), 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 Bunk Room and Systems Im- provements Loan Agreement and to give no- tice thereof as required by such law, including notice of the right to petition for an election on such proposal; and Whereas, the City also proposes to enter into a loan agreement (the "Fire Station Im- provements Loan Agreement," and together with the Exterior and Office Renovations Loan Agreement and the Bunk Room and Systems Improvements Loan Agreement, the "General Purpose Loan Agreements"), pursuant to the provisions of Section 384.24A of the Code of Iowa, and to borrow money thereunder in a principal amount not to exceed $910,000 for the purpose of paying the costs, to that extent, of (a) undertaking fire station facilities im- provements; and (b) undertaking improve- ments to the fire department burn tower train- ing facility (the "Fire Station Improvements Projects," and together with the Exterior and Office Renovations Projects and the Bunk Room and Systems Improvements Projects, the "General Purpose Projects"), 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 General Purpose Fire Station Improvements Loan Agreement and to give notice thereof as required by such law, includ- ing notice of the right to petition for an election on such proposal; and Whereas, the City also proposes to enter into a loan agreement (the "Ice Arena Loan Agreement'), pursuant to the provisions of Section 384.24A and 384.24.3(q) of the Code of Iowa, and to borrow money thereunder in a principal amount not to exceed $1,185,000 for the purpose of undertaking the Ice Arena De- humidification Project, an authorized urban renewal project of the City in the Greater Downtown Urban Renewal Area approved by action of the City Council on December 16, 2024, and it is now necessary to fix a date of Page 508 of 1311 Book 154 Regular Session, December 16, 2024 422 meeting of the City Council at which it is pro- posed to take action to enter into the Ice 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 pro- posal; and Whereas, the City also proposes to enter into a loan agreement (the "Parking System Loan Agreements"), pursuant to the provisions of Section 384.24A and 384.24.3(q) of the Code of Iowa, and to borrow money thereun- der in a principal amount not to exceed $4,045,000 for the purpose of undertaking the Smart Parking System Enhancement Project and the Parking Ramp Major Maintenance Project, authorized urban renewal projects of the City in the Greater Downtown Urban Re- newal Area approved by action of the City Council on December 16, 2024 (the "Parking System Projects"), 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 Parking 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; and Whereas, the City also proposes to enter into a loan agreement (the "Federal Building Loan Agreement"), pursuant to the provisions of Section 384.24A and 384.24.3(q) of the Code of Iowa, and to borrow money thereun- der in a principal amount not to exceed $870,000 for the purpose of undertaking the Federal Building Renovation Project and the Central Avenue Streetscape Improvements Project, authorized urban renewal projects of the City in the Greater Downtown Urban Re- newal Area approved by action of the City Council on December 16, 2024, (the "Federal Building Projects"), 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 Federal Building 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; and Whereas, the City also proposes to enter into a loan agreement (the "Amphitheater Loan Agreement" and together with Ice Arena Loan Agreement, the Parking System Loan Agree- ment, and the Federal Building Loan Agree- ment, the "Urban Renewal Loan Agreements", and such Urban Renewal Loan Agreements, together with the Essential Purpose Loan Agreement and the General Purpose Loan Agreements as the "Loan Agreements"), pur- suant to the provisions of Section 384.24A and 384.24.3(q) of the Code of Iowa, and to borrow money thereunder in a principal amount not to exceed $9,250,000 for the purpose of under- taking the Iowa Amphitheater on Schmitt Is- land Project, an authorized urban renewal pro- ject of the City in the Greater Downtown Urban Renewal Area approved by action of the City Council on December 16, 2024 (referred to together with the Ice Arena Dehumidification Project, the Parking System Projects, and the Federal Building Projects as the "Urban Re- newal Projects," and such Urban Renewal Projects referred to together with the Essential Purpose Projects and the General Purpose Projects as the "Projects"), and it is now nec- essary to fix a date of meeting of the City Council at which it is proposed to take action to enter into the Amphitheater Loan Agree- ment and to give notice thereof as required by such law, including notice of the right to peti- tion for an election on such proposal; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA., AS FOLLOWS: Section 1. The City Council shall meet on January 6, 2025, at the Historic Federal Build- ing, 350 W. 6th St., Dubuque, IA., 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 di- rected to give notice of the proposed action on the Essential Purpose 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 and not less than four (4) 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 di- rected to give notice of the proposed action on the Exterior and Office Renovations Loan 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 and not less than ten (10) and not more than twenty (20) days before the date selected for the meeting, in a legal newspaper which has a general circulation in the City. The notice shall be in substantially the [provided] form. Section 4. The City Clerk is hereby di- rected to give notice of the proposed action on the Bunk Room and Systems Improvements Loan Agreement setting forth the amount and purpose thereof, the time when and place where the said meeting will be held by publica- tion at least once and not less than ten (10) and not more than twenty (20) days before the date selected for the meeting, in a legal news- paper which has a general circulation in the City. The notice shall be in substantially the [provided] form. Section 5. The City Clerk is hereby di- rected to give notice of the proposed action on the Fire Station Improvements Loan Agree - Page 509 of 1311 Book 154 Regular Session, December 16, 2024 423 ment setting forth the amount and purpose thereof, the time when and place where the said meeting will be held by publication at least once and not less than ten (10) and not more than twenty (20) days before the date selected for the meeting, in a legal newspaper which has a general circulation in the City. The notice shall be in substantially the [provided] form. Section 6. The City Clerk is hereby di- rected to give notice of the proposed action on the Ice 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 be- fore the date of said meeting, in a legal news- paper which has a general circulation in the City. The notice shall be in substantially the [provided] form. Section 7. The City Clerk is hereby di- rected to give notice of the proposed action on the Parking System 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 8. The City Clerk is hereby di- rected to give notice of the proposed action on the Federal Building 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 9. The City Clerk is hereby di- rected to give notice of the proposed action on the Amphitheater 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 10. 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 Projects which are reasonably estimated to cost $24,250,000, (b) that other than (i) ex- penditures to be paid or reimbursed from sources other than the issuance of bonds, notes or other obligations (the "Bonds"), or (ii) expenditures made no earlier than 60 days prior to the date of this Resolution or a previ- ous intent resolution of the City, or (iii) expend- itures amounting to the lesser of $100,000 or 5% of the proceeds of the Bonds, or (iv) ex- penditures constituting preliminary expendi- tures as defined in Section 1.150-2(f)(2) of the Regulations, no expenditures for the Projects have heretofore been made by the City and no expenditures will be made by the City until after the date of this Resolution or a prior in- tent resolution of the City, and (c) that the City reasonably expects to reimburse the expendi- tures made for costs of the City out of the pro- ceeds of the Bonds. This declaration is a dec- laration of official intent adopted pursuant to Section 1.150-2 of the Regulations. Section 11. All resolutions or parts of reso- lutions in conflict herewith are hereby repealed to the extent of such conflict. Section 12. This resolution shall be in full force and effect immediately upon its adoption and approval, as provided by law. Passed and approved December 16, 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Dubuque Gate & Pump Station Flood Mitigation (161h St Detention Basin) Initiate Public Bidding Process and Setting Date for a Public Hearing: Upon motion the documents were received and filed and Resolution No. 410-24 Preliminary Approval Of Plans, Specifi- cations, Form Of Contract, And Estimated Cost; Setting Date Of Public Hearing On Plans, Specifications, Form Of Contract, And Estimated Cost; And Ordering The Advertise- ment For Bids For The Dubuque Gate & Pump Station Flood Mitigation (161h St Detention Ba- sin) was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on January 21, 2025 in the Historic Federal Building. RESOLUTION NO. 410-24 PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECI- FICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS FOR THE DUBUQUE GATE & PUMP STATION FLOOD MITIGATION (16T" ST DETENTION BASIN) NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. The proposed plans, specifica- tions, form of contract and estimated cost for the Dubuque Gate & Pump Station Flood Miti- gation (161h St Detention Basin) in the estimat- ed amount $25,400,000.00, are hereby prelim- inarily approved and ordered filed in the office of the City Clerk for public inspection. Section 2. A public hearing will be held on the 21st day of January, 2025, at 6:30 p.m. in Page 510 of 1311 Book 154 Regular Session, December 16, 2024 424 the Historic Federal Building Council Cham- bers 350 W. 6th Street, Second Floor, Dubu- que, IA., at which time interested persons may appear and be heard for or against the pro- posed plans and specifications, form of con- tract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, IA., which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or esti- mated cost of the Project. Section 3. The Dubuque Gate & Pump Sta- tion Flood Mitigation (16th St Detention Basin) is hereby ordered to be advertised for bids for construction. Section 4. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. Section 5. The City Engineer is hereby di- rected to advertise for bids for the construction of the improvements herein provided, by pub- lishing the Notice to Bidders in the Telegraph Herald and 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 23rd day of January 2025. 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 3rd day of February 2025, in the Historic Federal Building Council Cham- bers (and/or by virtual means) 350 West 6th Street, Dubuque, IA. Passed, approved, and adopted this 16th day of December 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk BOARDS/COMMISSIONS Appointments were made to the following boards/commissions. 1. Arts and Cultural Affairs Advisory Com- mission: One, 3-Year term through June 30, 2025 (Vacant Business Professional, lives or works inside cultural district term of Robins); One, 3-Year term through June 30, 2026 (Va- cant Public Member 3 term of Riedel); One, 3- Year term through June 30, 2027 (Vacant Business Professional Term of Neuhous). Ap- plicants: David Barba, 2400 Central Ave. (quali- fies for Public Member 3 and Business Profes- sional terms); Gail Chavenelle, 1155 Kelly Ln. (qualifies for Public Member 3 and Business Professional terms); Aaron Hefel, 515 1/2 W. 8th St. (qualifies for Business Professional, lives or works inside cultural district; Public Member 3 and Business Professional terms); Bree Hernandez, 1298 Locust St. (qualifies for Business Professional, lives or works inside cultural district; Public Member 3 and Business Professional terms); and Jessica Ochoa, 1970 Hale St. (qualifies for Public Member 3 and Business Professional terms). Upon roll call vote, Hefel was appointed to the Business Professional, lives or works inside cultural dis- trict term; David Barba was appointed to the Public Member 3 term; and Gail Chavenelle was appointed to the Business Professional term. Hefel received 4 votes (Wethal, Rous- sell, Cavanagh, Resnick) while Hernandez received the remaining 3 votes for the Busi- ness Professional, lives or works inside cultur- al district term. Barba received 4 votes (Rous- sell, Cavanagh, Sprank, Jones), Ochoa re- ceived 2 votes (Farber and Resnick, and Cha- venelle received the remaining vote for the Public Member 3 term. Chavenelle received 5 votes (Wethal, Farber, Roussell, Cavanagh, Jones), Bree Hernandez received one vote (Sprank), and Ochoa received the remaining vote for the Business Professional term. 2. Equity and Human Rights Commission: One, 3-Year term through January 1, 2027 (Vacant term of Sampson -Brown). Applicants: DeLano Cain -Watson, 994 Patricia Ann Dr. and Traci Phillipson, 2120 Rhomberg Ave. Upon roll call vote, Cain -Watson was appointed to the term, receiving all 7 votes. PUBLIC HEARINGS 1. Resolution Approving a Proposed Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal Area, Version 2024.3: Motion by Farber to receive and file the documents and adopt Resolution No. 411-24 Approving the Amend- ed and Restated Urban Renewal Plan for The Greater Downtown Urban Renewal Area, Ver- sion 2024.3. Seconded by Wethal. Motion car- ried 7-0. RESOLUTION NO. 411-24 APPROVING THE AMENDED AND RE- STATED URBAN RENEWAL PLAN FOR THE GREATER DOWNTOWN URBAN RE- NEWAL AREA, VERSION 2024.3 Whereas, by Resolution 381-24 adopted on November 18, 2024, the City Council of the City of Dubuque, IA. authorized the prepara- tion of an Amended and Restated Urban Re- newal Plan (the "Amended and Restated Plan, Version 2024.3") for the Greater Downtown Urban Renewal Area (the "Area"); and Page 511 of 1311 Book 154 Regular Session, December 16, 2024 425 Whereas, the City of Dubuque's primary objective for the Amended and Restated Plan, Version 2024.3, 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 Io- wa with no written objections or recommended changes to the Amended and Restated Plan, Version 2024.3, received; and Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public hearing on the proposed Amend- ed and Restated Plan, Version 2024.3. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the Amended and Restated Urban Renewal Plan, Version 2024.3, for the Greater Downtown Urban Renewal Area, 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, IA. 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 16th day of December 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk PUBLIC INPUT Clark Schloz, 2925 Burlington St., spoke about recent increases in city utility rates and the city's transparency in providing requested information. ACTION ITEMS 1. Adoption of the 2024 Chaplain Schmitt Island Development Plan: Motion by Roussell to receive and file the documents and adopt Resolution No. 412-24 Adopting A Develop- ment Plan for Chaplain Schmitt Island. Se- conded by Sprank. City Council Members thanked residents for their input on the plan, emphasizing specific suggestions for adding an additional sheet of ice at the ImOn Arena. In response to questions, Van Milligen outlined the hiring process to replace outgoing DRA President and CEO Alex Dixon and stated that implementing the plan will require multiple funding sources and take time. Council Mem- bers expressed gratitude to Dixon for his con- tributions and stressed the importance of part- nerships in bringing the plan to fruition. Motion carried 7-0. RESOLUTION NO. 412-24 ADOPTING A DEVELOPMENT PLAN FOR CHAPLAIN SCHMITT ISLAND Whereas, a Development Plan (the Plan) has been developed for Chaplain Schmitt Is- land (the Island); and Whereas, RDG Planning & Design was hired to assist the DRA to prepare the Plan; and Whereas, a steering committee composed of stakeholders has consulted on the Plan, including multiple City staff; and Whereas, the revitalization of the Island will create new housing, entertainment, and indoor and outdoor recreation opportunities to en- hance the economic development in the City of Dubuque; and Whereas it is the determination of the City Council that adoption of the Chaplain Schmitt Island Development Plan, attached hereto, is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That the Chaplain Schmitt Island Development Plan prepared by RDG, is here- by adopted. Section 2. That the City Manager is author- ized to take such actions as are necessary to facilitate the recommendations of the Chaplain Schmitt Island Development Plan herein adopted. Passed, approved and adopted this 16th day of December 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Iowa Amphitheater on Schmitt Island Project Bid Package No. 2 (Utilities, Paving & Amphitheater Stage) Award Public Improve- ment Contract Project Code: 5575000022: Motion by Sprank to receive and file the doc- uments and adopt Resolution No. 413-24 Awarding Public Improvement Contract for The Iowa Amphitheater on Schmitt Island Project — Bid Package No. 2 (Utilities, Paving & Amphi- theater Stage). Seconded by Wethal. In re- sponse to a question, Dixon explained that alternative add -on amenities were chosen over stage rigging because they were more cost- effective. Motion carried 7-0. RESOLUTION NO. 413-24 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE IOWA AMPHITHEATER ON SCHMITT ISLAND PROJECT — BID PACKAGE NO. 2 (UTILITIES, PAVING & AMPHITHEATER STAGE) Whereas, sealed proposals have been submitted by contractors for the Iowa Amphi- theater on Schmitt Island Project - Bid Pack- age No. 2 (Utilities, Paving & Amphitheater Stage), (the Project) pursuant to Resolution Page 512 of 1311 Book 154 Regular Session, December 16, 2024 426 No. 394-24 and Notice to Bidders published on the City of Dubuque, IA. website and plan room service with statewide circulation on the 81h day of November 2024; and Whereas, said sealed proposals were opened and read on the 51h day of December 2024 and it has been determined that Conlon Construction Co. of Dubuque, IA., in the base bid amount of $8,169,000.00 and Add -on Amenities 1-4 & 7 in the amount of $1,104,538.00 for a total award of $9,273,538.00, is the lowest responsive, re- sponsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That a Public Improvement Con- tract for the Project is hereby awarded to Con- lon Construction and the City Manager is hereby directed to execute a Public Improve- ment Contract on behalf of the City of Dubu- que for the Project. Passed, approved, and adopted this 16th day of December 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 3. Resolution Approving an Amended and Restated Development Agreement with Walter Development, LLC: Motion by Jones to receive and file the documents and adopt Resolution No. 414-24 Approving an Amended and Re- stated Development Agreement by and Be- tween the City of Dubuque, IA. And Walter Development, LLC. Seconded by Resnick. Motion carried 7-0. RESOLUTION NO. 414-24 APPROVING AN AMENDED AND RESTAT- ED DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IA. AND WALTER DEVELOPMENT, LLC Whereas, the City Council, by Resolution No. 389-19, dated November 4, 2019, entered into a Development Agreement with Walter Development, LLC, as amended, for the de- velopment of the property described therein (the Property) according to the terms of the Development Agreement (the Project), includ- ing the disposal of interest in City of Dubuque real estate and including the issuance of Ur- ban Renewal Tax Increment Revenue Obliga- tions; and Whereas, Duluth Holdings, Inc., a Wiscon- sin Corporation with its principal place of busi- ness in Wisconsin, joined in the Development Agreement as Employer, with the intention of leasing property from Walter Development, LLC; and Whereas, the City of Dubuque, Walter De- velopment, LLC, and Duluth Holdings, Inc. have agreed that Duluth Holdings, Inc. will no longer be a party to this Amended and Restat- ed Development Agreement and will have no further rights and responsibilities and the City of Dubuque and Walter Development, LLC will no longer have any obligations or liabilities to Duluth Holdings, Inc.; and Whereas, Walter Development, LLC has completed the Minimum Improvements in ac- cordance with the Development Agreement; and Whereas, the City of Dubuque believes that that the development of the Property pur- suant to the Amended and Restated Develop- ment Agreement, and the fulfillment generally of this Amended and Restated Development Agreement, are in the vital and best interests of City and in accord with the public purposes and provisions of the applicable federal, state and local laws and the requirements under which the Project has been undertaken and is being assisted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA. THAT: Section 1. The Amended and Restated Development Agreement by and between the City of Dubuque and Walter Development, LLC, a copy of which is attached hereto, in- cluding the previously approved issuance of Urban Renewal Tax Increment Revenue Obli- gations, is hereby approved. Section 2. That the Mayor is hereby au- thorized and directed to execute the 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 Amended and Restated Development Agreement as herein approved. Passed, approved, and adopted this 16th day of December 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Ruby Sutton Building 2"d Floor Renova- tion Project - Award Public Improvement Con- tract Project No. 5565000021: Motion by Roussell to receive and file the documents and adopt Resolution No. 415-24 Awarding Public Improvement Contract for The Ruby Sutton Building 2nd Floor Renovation Project. Se- conded by Wethal. City Council Members ex- pressed satisfaction that the alternative bid could be incorporated. Motion carried 7-0. RESOLUTION NO. 415-24 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE RUBY SUTTON BUILDING 2ND FLOOR RENOVATION PROJECT Whereas, sealed proposals have been submitted by contractors for the Ruby Sutton Page 513 of 1311 Book 154 Regular Session, December 16, 2024 427 Building 2nd Floor Renovation Project, (the Project) pursuant to Resolution No. 336-24 and Notice to Bidders published on the City of Dubuque, IA. website and plan room service with statewide circulation on the 25t' day of October 2024; and Whereas, said sealed bid proposals were opened and read on the 21 st day of November 2024 and it has been determined that Portzen Construction, Inc. of Dubuque, IA., in the base bid amount of $1,034,000.00, is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. That a Public Improvement Con- tract for the Project is hereby awarded to Portzen Construction, Inc. and the City Man- ager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, approved, and adopted this 16th day of December 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 5. Leisure Services Comprehensive Master Plan Consultant Selection Approval and Au- thorization of Contract: Motion by Farber to receive and file the documents and adopt Resolution No. 416-24 Authorizing the City Manager to Negotiate and Execute a Contract with Kimley-Horn for The Leisure Services Comprehensive Master Plan. Seconded by Sprank. City Council Members noted that un- derstanding the status of each park would be valuable. Leisure Services Director Marie Ware explained that the plan will offer feed- back for benchmarking the parks and aid in planning for the future. Motion carried 7-0. RESOLUTION NO. 416-24 AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT WITH KIMLEY-HORN FOR THE LEISURE SERVICES COMPREHENSIVE MASTER PLAN Whereas, the City of Dubuque has funds budgeted to complete a Leisure Services Comprehensive Master Plan; and Whereas, City Council Goals and Priorities listed a Parks Comprehensive Master Plan as a High Priority for Fiscal Years 2021-2023, Management in Progress Goal for Fiscal Years 2022-2024 and 2023-2025; and Whereas, City Council Goals and Priorities lists a Parks Maintenance/Refresh Action Plan as a High Priority for Fiscal Years 2024-2026: and Whereas, sealed proposals were submitted on the 13t' day of November, reviewed by the selection committee, and it has been determined Kimley-Horn is the selected rec- ommended firm. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA., THAT: Section 1. That the City Manager hereby is authorized and directed to negotiate and exe- cute a contract with Kimley-Horn for the Lei- sure Services Comprehensive Master Plan on behalf of the City of Dubuque. Passed, approved and adopted this 16th day of December 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Hawks Goodmann & Associates Inde- pendent Contractor Agreement: Motion by Wethal to receive and file the documents and approve contracting with Hawks Goodmann & Associates to assist with strategic partnerships at the federal level. Seconded by Sprank. City Council Members expressed their enthusiasm for continuing to collaborate with recently re- tired Director of Strategic Partnerships Teri Goodmann and emphasized the importance of assessing the best ways to engage with feder- al and state officials following the recent elec- tion. Motion carried 7-0. 7. Controlled Livestock Grazing Ordinance Amendment: 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. Breit- felder and Brumwell addressed questions about the amendment review process and the businesses currently licensed for controlled livestock grazing. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 62-24 Amending City of Dubuque Code of Ordinances Title 7 Police, Fire and Public Safety, Chapter 6 Ani- mal Control, Article A Miscellaneous Provi- sions, Section 7-6A-2 Restrictions on Maintain- ing Livestock. Seconded by Wethal. Motion carried 7-0. ORDINANCE NO. 62-24 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 7 POLICE, FIRE AND PUBLIC SAFETY, CHAPTER 6 ANIMAL CONTROL, ARTICLE A MISCELLANEOUS PROVISIONS, SECTION 7-6A-2 RE- STRICTIONS ON MAINTAINING LIVESTOCK NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. Section 7-6A-2 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Page 514 of 1311 Book 154 Regular Session, December 16, 2024 428 7-6A-2: RESTRICTIONS ON MAINTAINING LIVESTOCK: D . Controlled Livestock Grazing: 1. A controlled livestock grazing con- tractor may temporarily keep or main- tain within the corporate limits of the City any pens, yards, sheds or enclo- sures wherein any grazing livestock approved by the City are temporarily kept for the limited and express pur- poses of controlled livestock grazing in accordance with the City's con- trolled livestock grazing program. 2. All such pens, yards, sheds or en- closures used for the limited and ex- press purpose of controlled livestock grazing will be temporary and may not remain in place beyond the term of grazing approved at a particular lo- cation. Due to the temporary nature of such pens, yards, sheds, or enclo- sures used for the limited and ex- press purpose of controlled livestock grazing, concrete floors will not be required for pens, yards, sheds or enclosures used to shelter and keep animals participating in controlled livestock grazing. 3. All fences used to keep or maintain livestock used for controlled livestock grazing within corporate limits must comply with the fencing regulations set forth in the City's Controlled Live- stock Grazing Program. 4. Any controlled livestock grazing con- tractor who wishes to keep or main- tain livestock within the corporate lim- its for controlled livestock grazing must obtain a permit from the City and comply with all terms and condi- tions of the City's controlled livestock grazing program. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 16th day of December 2024. Brad Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 8. Ordinance No. 52-24-A Correcting the Title of Ordinance No. 52-24: 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. Motion by Jones for final consideration and passage of Ordinance No. 52-24-A Amending Ordinance No. 8-22, As Amended, Providing that General Property Taxes Levied and col- lected each year on all property located within the Greater Downtown Urban Renewal 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 Dis- trict, and other taxing districts, be paid to a special fund for payment of principal and inter- est on loans, monies advanced to and indebt- edness, including Bonds Issued or to be is- sued, incurred by said City in connection with the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renew- al District, to correct the Title of Ord. No. 52-24 by removing certain property from the division of revenues. Seconded by Farber. Motion car- ried 7-0. ORDINANCE NO. 52-24-A AMENDING ORDINANCE NO. 8-22, AS AMENDED, PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COL- LECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE GREATER DOWN- TOWN URBAN RENEWAL 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 DUBU- QUE, DUBUQUE COMMUNITY SCHOOL DISTRICT, AND OTHER TAXING DIS- TRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND IN- TEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, IN- CURRED BY SAID CITY IN CONNECTION WITH THE AMENDED AND RESTATED UR- BAN RENEWAL PLAN FOR THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT, TO CORRECT THE TITLE OF ORD. NO. 52- 24 BY REMOVING CERTAIN PROPERTY FROMTHE DIVISION OF REVENUES Whereas, the City Council of the City of Dubuque, IA. (the "City") has heretofore, in Ordinance No. 30-82, provided for the division of taxes within the original Downtown Dubuque Urban Renewal Project, Iowa R-15, described in Resolution No. 123-67 adopted on May 18, 1967, pursuant to Section 403.19 of the Code of Iowa; and Whereas, the Urban Renewal Plan for the original Downtown Dubuque Urban Renewal Project, Iowa R-15, subsequently has been amended on numerous occasions, growing through expansion or merger with other exist- ing urban renewal districts, resulting in Bluff Street, Cable Car, Chaplain Schmitt, East 7th Street, Ice Harbor Subarea A, Ice Harbor Sub- area B, Ice Harbor Subarea C, Industrial Har- bor, Kerper Boulevard, Old Main, South Bluff, South Main, South Port, Town Clock, Town Clock Expansion, Upper Main, Warehouse, Washington Street, North Kerper Boulevard, Page 515 of 1311 Book 154 Regular Session, December 16, 2024 429 Quebecor, Harrison Street, Holy Ghost, Al- shall include that area described as fol- mond Street, North End, West Locust Street lows: Beginning at the intersection of Corridor, University Avenue Corridor, Brewing the north right-of-way line of Ninth & Malting, 15th Street, Lower Kaufmann, North Street with the east right-of-way line of Peru Road, Stafford Street, and Roosevelt Central Avenue; thence south along the Street Subareas being added to what is now east right-of-way line of Central Avenue known as the Amended and Restated Greater to its intersection with the south right - Downtown Urban Renewal District; and of -way line of Fourth Street; thence Whereas, consistent with the amendments west along the south right-of-way line to the Urban Renewal Plan, Ordinance No. 30- of Fourth Street to its intersection with 82 subsequently was amended on numerous the west right-of-way line of Locust occasions to provide for the division of taxes Street; thence north along the west within the Amended and Restated Greater right-of-way line of Locust Street to its Downtown Dubuque Urban Renewal District, intersection with the north right-of-way most recently by Ordinance No. 52-24, creat- line of Ninth Street, but also including ing separate base valuations for the Bluff the adjacent City Lots 623 and 624 Street, Cable Car, Chaplain Schmitt, East 7th (Dubuque Museum of Art), the Locust Street, Ice Harbor Subarea A, Ice Harbor Sub- Street Parking Ramp between 8th and area B, Ice Harbor Subarea C, Industrial Har- 9th Streets and the former U.S. Federal bor, Kerper Boulevard, Old Main, South Bluff, Building located on City Lots 101, 102, South Main, South Port, Town Clock, Town 139, 140, and the N 54.5' of City Lots Clock Expansion, Upper Main, Warehouse, 103 & 138, and the vacated alley be - and Washington Street, North Kerper Boule- tween said lots; thence east along the vard, Quebecor, Harrison Street, Holy Ghost, north right-of-way line of Ninth Street to Almond Street, North End, West Locust Street its intersection with the east right -of - Corridor, University Avenue Corridor, Brewing way line of Central Avenue, and point & Malting, 15th Street Subarea, Lower Kauf- of beginning, including all public rights- mann, North Peru Road, Stafford Street, and of -way. Roosevelt Street Subareas; and (b) Town Clock Expansion Subarea shall Whereas, the Urban Renewal Plan for the include the following described proper - Greater Downtown Urban Renewal District ties: South 1/2 of City Lot 167, City Lot was further amended and restated as an 168 and City Lot 168A (Iowa Inn prop - Amended and Restated Urban Renewal Plan, erty); and Lots 1 & 2 of City Lots 204, pursuant to Resolution No. 277-24 approved 205, 206, 207 and 208, N. 23' of City on September 3, 2024, for the purpose of re- Lot 263, S. 28.5' of City Lot 263, N. 1/2 moving property from the North Kerper Boule- of City Lot 262, S. 1/2 of City Lot 262, vard Subarea of the Greater Downtown Urban N. 1/2 of City Lot 261 (Parking Lot Renewal District; and Number 1), all in the City of Dubuque, Whereas, indebtedness has been incurred IA. and any adjoining public right -of - by the City, and additional indebtedness is way. anticipated to be incurred in the future, to fi- (c) Old Main Subarea of the District shall nance urban renewal project activities within include that area generally bounded on the combined area known as the Greater the North by Fourth Street, on the West Downtown Urban Renewal District (the by Locust Street, on the South by the "Greater Downtown Urban Renewal District"), Locust Street Connector and on the and the continuing needs of redevelopment East by the U.S. Highway 151/61 right - within the Greater Downtown Urban Renewal of -way, including all public rights -of - District are such as to require the continued way. application of the incremental tax resources (d) Upper Main Subarea of the District within the expanded Greater Downtown Urban shall include that area generally Renewal District; and bounded on the North by Fourteenth Whereas, the following enactment is nec- Street, on the West by Locust Street essary to accomplish the objectives described but including City Lots658A, 659, 660, in the premises. and the balance of City Lots 658 (Car - NOW, THEREFORE, BE IT ORDAINED negie-Stout Public Library), on the BY THE CITY COUNCIL OF THE CITY OF South by the northerly boundary of the DUBUQUE, IA., THAT: Town Clock Subarea and on the East Ordinance No. 8-22 is hereby amended to by Central Avenue, and including all read as follows: public rights -of -way. Section 1: For purposes of this Ordinance, (e ) Ice Harbor Subarea A of the District the following terms shall have the following shall include that area generally meanings: bounded on the north by the public al - (a) Town Clock Subarea of the District ley located between the vacated Fourth Page 516 of 1311 Book 154 Regular Session, December 16, 2024 430 Street and Third Street, on the west by of City Lot 261; Thence northeasterly the Chicago, Central and Pacific Rail- along the southerly line of the N '/2 of road right-of-way, on the south by East City Lot 261 and extension thereof to a First Street and on the east by the mu- point of intersection with the centerline nicipal limits of the City of Dubuque, IA. of Central Avenue; Thence northwest - and including any adjoining public right- erly along the centerline of Central Av- of-way. enue to a point of intersection of 11 th (f) Ice Harbor Subarea B of the District Street also being point of beginning. shall include that area generally (i) South Main Subarea of the District bounded on the north and west by the shall include that area generally Chicago, Central and Pacific Railroad bounded by the following description: right-of-way, on the south by the nor- Commencing as a point of reference at therly boundary of Subarea A and on a point of intersection of the centerline the east by the municipal limits of the of Locust Street with the Locust Street City of Dubuque including any adjoining Connector in the City of Dubuque, public right-of-way. Dubuque County, IA., said point being (g) Ice Harbor Subarea C of the District the point of beginning; Thence north - shall include Lot 1-2 and Lot 2-2 of Ad- easterly along the centerline of the Lo- ams Company's 4th Addition, and all Gust Street Connector to a point of in - that part of Lot 2-1 of Adams Compa- tersection with the centerline of US ny's 4th Addition lying west of the nor- Highways 52, 61, and 151; Thence therly extension of the westerly line of southeasterly along the centerline of the Balance of Lot 3 of Adams Compa- US Highways 52, 61, and 151 to a ny's 2nd Addition, in the City of Dubu- point of intersection with the centerline que, IA. including any adjoining public of the eastern section of Jones Street right-of-way. extended southwesterly; Thence (h) Warehouse Subarea of the District southwesterly along said extension of shall include that area generally the centerline of the eastern section of bounded by the following description: Jones Street to a point of intersection Commencing as a point of reference at with the centerline of Main Street; the intersection of the centerlines of Thence northwesterly along the center- 11th Street and Central Avenue in the line of Main Street to a point of inter - City of Dubuque, Dubuque County, IA., section with the centerline of Jones said point being the point of beginning; Street; Thence northwesterly along the Thence northeasterly along the center- centerline of Jones Street to a point of line of 11th Street to a point of intersec- intersection with the easterly line of Lot tion with the centerline of White Street; 2D of vacated Shields Street extended Thence northwesterly along the center- northerly; Thence southeasterly along line of White Street to a point of inter- the easterly line of Lot 2D of vacated section with the centerline of 12th Shields Street to the southeasterly cor- Street; Thence northeasterly along the ner of said Lot 2D; Thence southwest - centerline of 12th Street and extension erly along the southerly lines of Lot A thereof to a point of intersection with and Lot 2D of vacated Shields Street the centerline of US Highways 151 and and Lot 1 of 2 of City Lot 543 extended 61; Thence southwesterly along the westerly to a point of intersection with centerline of US Highways 151 and 61 the centerline of Locust Street; Thence to a point of intersection with the cen- northeasterly along the centerline of terline of 4th Street extended; Thence Locust Street to a point of intersection southwesterly along the centerline of with the centerline of the Second Street 4th Street and extension thereof to a Connector, also being the point of be - point of intersection with the centerline ginning. of Central Avenue; Thence northwest- Q) South Port Subarea of the District shall erly along the centerline of Central Av- include that area generally bounded by enue to a point of intersection with the the following description: Beginning at centerline of 9th Street; Thence south- a point of reference at the northwest westerly along the centerline of 9th corner of Lot 2 of AA Cooper Wagon Street to a point of intersection with the Works Block in the City of Dubuque, westerly line of City Lot 259 extended Dubuque County Iowa, said point being southerly; Thence northwesterly along on the southerly right of way line of the westerly line of City Lot 259, and East First Street; Thence southeasterly Lots 1 and 2 of the Subdivision of the along the southerly right of line of East South '/2 of City Lot 261 and City Lot First Street and extension thereof to the 260 to the southwest corner of the N '/2 municipal limits of the City of Dubuque; Page 517 of 1311 Book 154 Regular Session, December 16, 2024 431 Thence southerly along said municipal point of intersection with the westerly limits to a point of intersection with the line of Lot E of vacated Shields Street southern right of way line of Railroad extended southerly; Thence northerly Ave. extended easterly; Thence south- along said westerly line to the north- westerly along said right of way line ex- west corner of said lot E; Thence east - tension there to the southeast corner of erly along the north line of said lot E Lot A, Block 15 Dubuque Harbor Com- and Lot 6 Block 11 of Dubuque Harbor pany's Addition; Thence northwesterly Company's Addition and extension along the easterly line of said Lot A to thereof to the centerline of Main Street; the northerly right of way line of Rail- Thence southeasterly along the center - road Ave., and south line of lot 1 of 5 of line of Main St. to the centerline of Block 27 Dubuque Harbor Company's Dodge Street; Thence easterly along Addition; Thence northwesterly along the centerline of Dodge St to the inter - the westerly lines of lots 1 of 5, 1 of 4, 1 section of Highway 61/151; Thence of 3, 1 of 2 and 1 of 1 of said Block 27 northwesterly along said centerline to a to the south line of lot 4A of said Block point of intersection with the southerly 17; Thence westerly to the easterly right of way line of East First Street; right of way line of vacated Water Thence southeasterly along said right Street; Thence northwesterly along of way line to the point of beginning. said easterly line to the southwesterly (k) Cable Car Subarea of the District corner of lot 2 of said Block 17; Thence shall include that area generally westerly along the extension of the bounded by the following description: southerly line of said Lot 2 to the west- Commencing as a point of reference at erly line of Vacated Water Street; the intersection of the centerlines of Thence northerly along said westerly Second Street and Locust Street in the right of way line to the southerly corner City of Dubuque, Dubuque County, IA., of Lot 2 of Block 18 of Dubuque Harbor said point being the point of beginning; Company's Addition; Thence north- Thence southeasterly along the center - westerly along the westerly line of said line of Locust Street to a point of inter - Lot 2 to a point of intersection with the section with the centerline of First southerly right of way line of vacated Street; Thence southwesterly along the Charter St; Thence southwesterly along centerline of First Street to a point of in - said right of way line and extension tersection with the centerline of Bluff thereof the centerline of South Main Street; Thence northwesterly along the Street; Thence northwesterly along centerline of Bluff Street to a point of in - said centerline to the northerly line of tersection with the centerline of Emmett Lot 5, Block 13 Dubuque Harbor Com- Street; Thence southwesterly along the pany's Addition extended northeasterly; centerline of Emmett Street to a point Thence southwesterly along said line to of intersection with the centerline of St. the easterly line of Lots 7 and 8 of said Mary's Street; Thence northwesterly Block 13; Thence southeasterly along along the centerline of St. Mary's Street the easterly lines of said Lots 7 & 8 and and to a point of intersection with the extension thereof to the centerline of northerly line of Cathedral Center ex - Charter Street; Thence southwesterly tended southwesterly; Thence north - along said centerline to the centerline easterly along the northerly line of Ca - of Salina Street; Thence northwesterly thedral Center to a point of intersection along said centerline to the northerly with the westerly right of way line of line of Lot 1 of Harrison Street Place Bluff Street; Thence northwesterly No. 4 extended northeasterly; Thence along said westerly right of way line of southwesterly along the northerly lines Bluff Street and extension thereof to a of said Lot 1 of Harrison Street Place point of intersection with the centerline No. 4 extended to the westerly right of of Third Street; Thence southwesterly way line of Harrison St.; Thence nor- along the centerline of Third Street to a therly along the easterly line of Lot 3 of point of intersection with the westerly Raymond Baumhover Subdivision to line of Lot 1 of the East 78 ft. of the the northeast corner of said Lot 3, South 100 ft. of Lot 4 of City Lot 692 thence westerly along the northerly line extended southerly; Thence northwest - of said Lot 3 and westerly extension erly along said westerly line to a point thereof to the centerline of relocated of intersection with the southerly line of South Locust St; Thence northerly Fenelon Point Subdivision; Thence along said centerline to the centerline northeasterly along said southerly line of Dodge St; Thence easterly along to a point of intersection with the west - said centerline of Dodge Street to a erly line of Lot 2 of 2 of City Lot Page 518 of 1311 Book 154 Regular Session, December 16, 2024 432 692;Thence northwesterly along said point being the point of beginning; westerly line and westerly line of Lot 1 thence southeasterly along the center - of 2 of City Lot 692 to a point of inter- line of Bluff Street to a point of intersec- section with the southerly right of way tion with the northerly line of the south line of W. Fourth Street; Thence north- 62.5 ft. of the north 64 ft. of City Lot easterly across W. Fourth Street to the 617 extended southeasterly; thence southwest corner of Lot 1 of Evan's southwesterly along said northerly line Place, said point also being on the nor- to the easterly line of Lot 1 of City Lot therly right of way line of W. Fourth 690; thence northwesterly along the Street; Thence northwesterly along the easterly line of said Lot 1 to the north- west line of said Lot 1 to the southeast east corner of said Lot 1; thence corner of Lot 34 of Cooper Heights Ad- southwesterly along the northerly line dition; Thence continuing northwesterly of said Lot 1 to the northwest corner of along the easterly line of Lots 34, 35, said Lot 1; thence southeasterly along 36 and 37 of Cooper Heights Addition the westerly line of said Lot 1 to a point to a point of intersection with the of intersection with northerly right of southerly right of way line of W. Fifth way line of W. Fifth Street; thence Street; Thence northeasterly to a point southwesterly along said right of way of intersection in the centerline of W. line of W. Fifth St. to the southeast cor- Fifth Street approximately 270 feet ner of the South 73' of Lot 13 of Cori - southwesterly of the centerline of Bluff ell's Dubuque; thence northwesterly 73' Street; Thence northwesterly along the along the easterly line of said South 73' centerline of W. Fifth Street to a point of Lot 13 of Coriell's Dubuque to the of intersection with the southerly line of northeast corner of the South 73' of Lot Coriell's Dubuque also being the nor- 13 of Coriell's Dubuque; thence south- therly right of way line of W. Fifth westerly along the northerly line of said Street; Thence northeasterly along said South 73' of Lot 13 of Coriell's Dubu- right of way line of W. Fifth St. to the que to a point of intersection with west- southwest corner of Lot 1 of City Lot erly line of Lot 13 of Coriell's Dubuque; 690;Thence northwesterly along the thence northwesterly along said west - westerly line of said Lot 1 to the north- erly line of Lot 13 to a point of intersec- west corner of said Lot 1;Thence tion with the southerly line of Lot 33 of northeasterly along the northerly line of Coriell's Dubuque; thence northeasterly said Lot 1 to the northeast corner of along said southerly line of Lot 33 to a said Lot 1;Thence southeasterly along point of intersection with the westerly the easterly line of said Lot 1 to a point line of Lot 14 of Coriell's Dubuque' of intersection with the northerly line of thence northwesterly along said west - the south 62.5 ft. of the north 64 ft. of erly line of said Lot 14 to a point of in - City lot 617;Thence northeasterly along tersection with the southerly line of Lot said northerly line and extension there- 34 of Coriell's Dubuque; thence north - of to a point of intersection with the easterly along said southerly line of Lot centerline of Bluff Street; Thence 34 to the easterly line of Coriell's southeasterly along the centerline of Dubuque; thence northwesterly along Bluff Street to a point of intersection said easterly line Lots 34, 35, 36, 37, with the northerly line of the south 10 ft. 38, and 44 of Coriell's Dubuque to the of City Lot 138 extended southwesterly; northwest corner of the North 50' of Lot Thence northeasterly along said nor- 1 of Lot 1 of City Lot 653; thence north- therly line and northerly line of the easterly along the northerly line of said south 10 ft. of the south 34.6 ft. of City North 50' of Lot 1 of Lot 1 of City Lot Lot 103 and extension thereof to a 653 to the southeast corner of Lot 1 of point of intersection with the centerline McKinlay's Subdivision; thence north - of Locust Street; Thence southeasterly westerly along said easterly line of said along the centerline of Locust Street to Lot 1 and extension thereof to a point a point of intersection with the center- of intersection with the centerline of line of Second Street, said point being West Eighth Street; thence northwest - the point of beginning. erly along said centerline of West (1) Bluff Street Subarea of the District Eighth Street to a point of intersection shall include that area generally with the westerly line of Lot 1 of the bounded by the following description: Subd'n. of City Lot 688 and part of City Commencing as a point of reference at Lot 654 extended southerly; thence the intersection of the centerlines of W. northwesterly along said westerly line Sixth Street and Bluff Street in the City of Lot 1 and extension thereof northerly of Dubuque, Dubuque County, IA., said to a point of intersection with the cen- Page 519 of 1311 Book 154 Regular Session, December 16, 2024 433 terline of West Ninth Street; thence Street; thence southwesterly along the southwesterly along the centerline of centerline of W. Eleventh Street to a West Ninth Street to a point of intersec- point of intersection with the centerline tion with the southerly extension of the of Bluff Street; thence southeasterly westerly line of Lot 2 of Lot 12 of Cen- along the centerline of Bluff Street to a tral Addition; thence northwesterly point of intersection with the extension along said westerly right of Lot 2 of Lot of the southerly line of City Lot 658A; 12 to the northwest corner of said Lot; thence northeasterly along the souther - thence northeasterly along the norther- ly line of City Lot 658A extended and ly line of said Lot 2 of Lot 12 to the the southerly line of City Lot 658, ex - northeast corner of said Lot; thence cept the southerly one foot thereof, ex - southeasterly along said easterly line of tended to a point of intersection with said Lot 2 of Lot 12 to the southwest the centerline of Locust Street; thence corner of Lot 1 of Lot 11 of Central Ad- southeasterly along the centerline of dition; thence northeasterly along the Locust Street to a point of intersection southerly line of Lot 1 of Lot 11 and Lot with the centerline of West Ninth Street; 1 of Lot 10 of Central Addition to a thence southwesterly along the center - point of intersection with the westerly line of West Ninth Street to a point of line of Lot 1 of Lot 9 of Central Addition; intersection with the centerline of Bluff thence northwesterly along said west- Street; thence southeasterly along the erly line of Lot 1 of Lot 9 to a point of in- centerline of Bluff Street to a point of in- tersection with the southerly right of tersection with the centerline of West way line of a public alley in Central Ad- Eighth Street; thence northeasterly dition; thence northeasterly along said along the centerline of West Eighth southerly line to a point of intersection Street to a point of intersection with the with the westerly line of Lot 1 of 1 of 10 centerline of Locust Street; thence of Lorimer's Subdivision; thence north- southeasterly along the centerline of westerly along said westerly line of said Locust Street to a point of intersection Lot 1 of 1 of 10 to the northerly line of with the northerly line of City Lot 624 Lorimer's Subdivision; thence north- extended northeasterly; thence south- easterly along the northerly line of Lor- westerly along the northerly line of City imer's Subdivision to the southeast Lot 624 extended southeasterly to the corner of a public alley between Cork- centerline of a public alley; thence ery's Subdivision and City Lot 655; southeasterly along the centerline of a thence northwesterly along the easterly public alley to a point of intersection right of way line of said alley to a point with the centerline of W. Seventh of intersection with West Eleventh Street; thence northeasterly along the Street; thence southwesterly along cen- centerline of W. Seventh Street to a terline of West Eleventh Street to a point of intersection with Locust Street; point of intersection with the centerline thence southeasterly along the center - of Grove Terrace; thence northwesterly line of Locust Street to a point of inter - along centerline of Grove Terrace to a section with West Sixth Street; thence point of intersection with the northerly southwesterly along the centerline of right of way line of Arlington Street; West Sixth Street to a point of intersec- thence northeasterly along the norther- tion with Bluff Street said point being ly right of way line of Arlington Street to the point of beginning. the southeast corner of City Lot 76913; (m) South Bluff Street Subarea of the dis- thence northwesterly along the easterly trict shall include that area generally line of said City Lot 769B to a point of bounded by the following description: intersection with the southerly line of Commencing as a point of reference at Lot 3 of Brown's Subdivision; thence the intersection of the centerlines of southwesterly along the southerly line Emmett Street and Bluff Street in the of said Lot 3 to the southwest corner of City of Dubuque, Dubuque County, IA., said lot; thence northwesterly along the said point being the point of beginning; westerly line of said Lot 3 and exten- thence southeasterly along the center- sion thereof to a point of intersection line of Bluff Street to a point of intersec- with the centerline of Loras Boulevard; tion with the centerline W. First Street; thence northeasterly along said center- thence southwesterly along the center- line to a point of intersection with the line W. First Street to the centerline of centerline of Locust Street; thence Bluff Street; thence southwesterly southeasterly along the centerline of along the centerline of Bluff Street to a Locust Street to a point of intersection point of intersection with the centerline with the centerline of W. Eleventh Dodge Street; thence southwesterly Page 520 of 1311 Book 154 Regular Session, December 16, 2024 434 along the centerline Dodge Street to a Thence northwesterly along said the point of intersection with the easterly easterly right of way line to a point of line of Lot 3 of City Lot 694 extended intersection with the easterly right of southeasterly; thence northwesterly way line of a public alley between D. N. along the easterly line of said Lot 3 of Cooley's Subdivision and Fairview City Lot 694 and Lot 1-1 and 2-1 of City Subdivision; Thence continuing north - Lot 694 to the southwest corner of Lot westerly along said the easterly alley 1-2 of City Lot 694; thence northeaster- line to a point of intersection with the ly along said southerly line of said Lot southerly right of way line of W. 17th 1-2 of City Lot 694 to the southeast Street; Thence northwesterly crossing corner of said Lot; thence northwesterly W. 17th St. to the most easterly corner along said easterly line of Lot 1-2 of of Lot 2-1-1-2 of City Lot 670, said point City Lot 694 to a point of intersection being at the point of intersection of the with the southerly line of Lot 12 of Saint north right of way of W. 17th St. and Raphael's Addition; thence northeaster- westerly right of way line of W. Locust ly along said southerly line of said Lot St.; Thence southwesterly along the 12 and extension thereof to the center- north right of way of W. 17th St. to line of St. Mary's Street; thence north- southeast corner of Lot 1-2-2 of City westerly along the centerline of St. Lot 670; Thence northwesterly along Mary's Street to a point of intersection the easterly lines of Lot 1-2-2 and Lot with the centerline of Emmett St.; 2-2-2 of City Lot 670 to a point of inter - thence northeasterly along the center- section with the southerly right of way line of Emmett St. to centerline of Bluff line of Clark St.; Thence northwesterly Street, said point being point of begin- crossing Clark St. to the southeasterly ning. corner of Welsh Place; Thence north- (n) Kerper Boulevard Subarea of the dis- westerly along the easterly line of said trict shall include the following de- Welsh Place to the northeast corner scribed properties: Lot 1-2, Lot 2-2, Lot thereof; Thence southwesterly along 2A, Lot 3 and Lot 6 all in Kerper Indus- the northerly line of said Welsh Place to trial Park in the City of Dubuque, a point of intersection with the easterly Dubuque County, IA., also including the right of way line of a public alley along entire right of way of Kerper Court and the westerly side of A. L. Bowen's Sub - the westerly portion of Kerper Boule- division; Thence northwesterly along vard right of way from the abutting said easterly right of way line to a point Kerper Court right of way and Lot 3 of of intersection with the southerly right Kerper Industrial Park to the centerline of way line of Angella Street; Thence of Kerper Boulevard. southwesterly along said southerly right (o) Washington Neighborhood Subarea of way line to the northeast corner of of the district shall include that area Lot 12 of Gilliam's Subdivision; Thence generally bounded by the following de- northwesterly crossing Angella St. to scription: Commencing as a point of the most southerly corner of Lot 1 of reference at the intersection of the cen- Gilliam's Subdivision said point being terlines of Central Avenue and Loras on the northerly right of way line of An - Boulevard in the City of Dubuque, gella St.; Thence northwesterly along Dubuque County, IA., said point being the westerly line of said Lot 1 to a point the point of beginning; Thence south- of intersection with the southerly line of westerly along the centerline of Loras Lot 2 of Alvin Haas Place; Thence Boulevard to a point of intersection with southwesterly along the southerly line the westerly line of Lot 3 of Brown's of Lot 1 and Lot 2 of Alvin Haas Place Subdivision extended northerly; Thence and the southerly line of the Westerly northerly to the southwest corner of Lot 40 feet of Lot 3 of Quigley's Subdivision 2-3 of City Lot 667; Thence northwest- of Out Lot 710 to the most easterly cor- erly along the westerly line of said Lot ner of Lot 24 of Quigley's Subdivision 2-3; Thence northeasterly along the of Out Lot 710; Thence westerly along northerly line of said Lot 2-3 to a point the southerly boundary of Lots 4 of intersection with the southeasterly through Lots 15 of Quigley's Subdivi- line of Lot 1-3 of City Lot 667; Thence sion Out Lot 710 and the southerly line northeasterly along the said southeast- of Lots 9A, 10 and 11 of Quigley's erly line to the northeast corner of said Subdivision Out Lot 711 to a point of in - Lot 1-3; Thence southwesterly along tersection with the easterly right of way the northerly line of said Lot 1-3 to a line of Pierce Street; Thence northerly appoint of intersection with the easterly along said easterly right of way line and right of way line of Montrose Terrace; extension thereof to a point of intersec- Page 521 of 1311 Book 154 Regular Session, December 16, 2024 435 tion with the northerly right of way line with the easterly right of way line of of W. Locust Street; Thence easterly Heeb Street lying between Central Av- along said northerly right of way line to enue and Shelby Street; Thence the easterly right of way line of Foye northwesterly along said easterly right Street; Thence northerly along said of way line to a point of intersection easterly right of way line to a point of with the southerly right of way line of intersection with the southerly right of Kaufmann Avenue; Thence easterly way line of a public alley lying between along said southerly right of way line to Almond and W. Locust Sts.; Thence a point of intersection with the southerly easterly along said southerly right of extension of the easterly right of way way line to a point of intersection with line of a public alley lying between Cen- the westerly right of way line of Ellis tral Ave. and Francis Street; Thence Street; Thence southeasterly along northwesterly along said easterly right said westerly right of way line to a point of way line to a point of intersection of intersection with the northerly right of with the southerly right of way line of way line of W. Locust Street; Thence W. 23rd Street; Thence southwesterly southeasterly crossing Ellis St. to a along said southerly right of way line to point of intersection with the easterly the northwest corner of the East One - right of way line of Ellis St. at the Half of Lot 11 of Tivoli Addition; Thence southerly right of way line of Dorgan northwesterly crossing W. 23rd St. to Place; Thence easterly along said the southwesterly corner of Lot 1 of Va- southerly right of way line of Dorgan leria Place No. 2; Thence northwesterly Place to the northeast corner of Lot 1A along the westerly line of said Lot 1 to a of Dorgan's Subdivision No. 2; Thence point of intersection with the southerly easterly crossing Dorgan Place to the line of Lot 2 of said Valeria Sub. No. 2; southwest corner of Lot 5-2 of City Lot Thence southwesterly along the south- 673; Thence northerly along the west- erly line of said Lot 2 to the southwest erly line of said Lot 5-2 to the northwest corner thereof; Thence northwesterly corner thereof; Thence easterly along along the westerly line of said Lot 2 to a the northerly line of said Lot 5-2 to a point of intersection with the southerly point of intersection with the westerly line of Lot 2-1 of Valeria Place; Thence right of way line of Madison Street; northeasterly along said southerly line Thence easterly crossing Madison St. to the southeasterly corner of said Lot to the most westerly corner of Lot A-2-1 2-1; Thence northwesterly along the of City Lot 674, said point being on the easterly line of said Lot 2-1 the north- easterly right of way line of Madison St. east corner thereof, said point also be - Thence easterly along the northerly line ing the southeasterly right of way line of of said Lot A-2-1 to a point of intersec- Carr St.; Thence northwesterly along tion with the easterly right of way line of the easterly right of way line of Carr St. Main Street; Thence northerly along to a point of intersection with the said easterly right of way line to the southerly right of way line of W. 24th northwest corner of Lot 2-1 of City Lot Street; Thence northeasterly along said 674; Thence easterly and continuing southerly right of way line to a point of northeasterly along the northerly lines intersection with the southerly exten- of Lot 2-1, Lot 2-2, Lot 2-1-3, Lot 1-2-3 sion of the easterly right of way line of all of the subdivision of City Lot 674 to Division Street; Thence northwesterly a point of intersection with the westerly along said easterly right of way line to line of Lot 4 of City Lot 674; Thence the northwest corner of Lot 8 of Wull- northwesterly along said westerly line weber's Subdivision; Thence south - to a point of intersection with the westerly along the southerly line of southerly line of Lot 1-1-2 of Duncan's John King's Subdivision to the south - Subdivision; Thence northeasterly west corner of the West 33.98 feet of along said southerly line and southerly Lot 1-6 of John King's Subdivision; line of Lot 1 and Lot 2 of M. A. Reb- Thence northwesterly along the wester- man's Subdivision and extension ly line of the West 33.98 feet of Lot 1-6 thereof to a point of intersection with of John King's Subdivision to the the easterly right of way line of Heeb northwest corner thereof; Thence Street; Thence northwesterly along northeasterly along the northerly line of said easterly right of way line to a point said West 33.98 feet to the southwest of intersection with the northerly right of corner of Lot 1 of the East 329.98 feet way line of Clarke Drive; Thence of Lot 8 of John King's Subdivision; northwesterly along said northerly right Thence northwesterly along the wester - of way line to a point of intersection ly line of said Lot 1 to a point of inter - Page 522 of 1311 Book 154 Regular Session, December 16, 2024 436 section with the southerly line of the line of Lot 1-2 of Kerper Industrial Park NE1/4 of said Lot 8; Thence south- to the northernmost point of Lot 1 of westerly along said southerly line to the Kerper Industrial Park; Thence south- southwest corner of said NE1/4 of Lot westerly along the westerly line of said 8; Thence northwesterly along the Lot 1 to a point of intersection with the westerly lines of the NE1/4 of Lot 8, the northerly right of way line of E. 16th SE1/4 of Lot 10, the NE1/4 Lot 10 and Street; Thence southwesterly along the E1/2 of Lot 12 all in John King's said northerly right of way line to the Subdivision to the northwest corner of easterly right of way line of Pine Street; said E1/2 of Lot 12; Thence northeast- Thence southeasterly crossing E. 16th erly along the northerly line of said E1/2 Street along said easterly right of way of Lot 12 to the southwest corner of Lot of Pine St. extended to a point of inter- 1-1-1 of the E1/2 of Lot 14 in John section with the southerly right of way King's Subdivision; Thence northwest- line of E. 16th St.; Thence southwester- erly along the westerly lines of Lot 1-1- ly along said southerly right of way line 1 of the E1/2 of Lot 14 John King's to a point of intersection with the east - Subdivision to the northwest corner erly right of way line of Elm Street; thereof; Thence northeasterly along the Thence southeasterly along said east - northerly line of said Lot 1-1-1 to a erly right of way line to a point of inter - point of intersection with the westerly section with the northerly right of way right of way line of Central Avenue; line of E. 15th Street; Thence south - Thence northeasterly crossing Central westerly along said northerly right of Avenue to a point of intersection of the way line to a point of intersection with easterly right of way line of Central Av- the westerly right of way line of Elm enue and the northerly right of way line Street; Thence southeasterly along of E. 25th Street; Thence northeasterly said westerly right of way of Elm Street along said northerly right of way line and extension thereof to a point of in - and extension thereof to a point of in- tersection with the centerline of E. 12th tersection with the easterly right of way Street; Thence southwesterly along the line of Elm Street; Thence southeaster- said centerline of E. 12th Street to a ly along said easterly right of way line point of intersection with the centerline to a point of intersection with the nor- of White Street; Thence southeasterly therly right of way line of E. 24th Street; along said centerline of White Street to Thence northeasterly along said nor- a point of interjection with the centerline therly right of way line and extension of E. 11th Street; Thence southwesterly thereof to a point of intersection with along said centerline of E. 11th Street to the easterly right of way line of Windsor a point of intersection with the center - Avenue; Thence southeasterly along line of Central Avenue; Thence north - said easterly right of way line to a point westerly along said centerline of Cen- of intersection with the northerly right of tral Avenue to a point of intersection way line of E. 22nd Street; Thence with the centerline of Loras Boulevard, northeasterly along said northerly right said point being the point of beginning. of way line to a point of intersection (p) Industrial Harbor Subarea of the dis- with the westerly right of way line of trict shall include that area generally Stafford Street; Thence northeasterly bounded by the following description: crossing Stafford Street to a point of in- Commencing as a point of reference at tersection of the easterly right of way the intersection of the centerline of E. line of Stafford Street and the northerly 12th Street and the westerly right of way right of way line of Thomas Place; of Elm Street extended southeasterly, Thence southeasterly along said east- in the City of Dubuque, Dubuque Coun- erly right of way line of Stafford Street ty, IA., said point being the point of be - and extension thereof to a point of in- ginning; Thence northwesterly along tersection with the southerly right of said westerly right of way line of Elm way line of Garfield Avenue; Thence Street and extension thereof to a point southwesterly along said southerly right of intersection with the northerly right of of way line to a point of intersection way line of E. Fifteenth Street; Thence with the centerline of Stafford Street ex- northeasterly along said northerly right tended southeasterly; Thence south- of way line to a point of intersection easterly along the centerline of Stafford with the westerly right of way line of a Street extended to a point of intersec- public alley lying between Pine Street tion with the northwesterly line of Lot 2- and Maple Street; Thence northwester- 2 of Kerper Industrial Park; Thence ly along said westerly right of way line southwesterly along said northwesterly to the northeast corner of the North 35 Page 523 of 1311 Book 154 Regular Session, December 16, 2024 437 feet of Lot 255 in East Dubuque Addi- erly shore of Peosta Channel; Thence tion # 2; Thence southwesterly along southeasterly continuing along the the northwesterly line of said Lot to a westerly shore of Mississippi River ad - point of intersection with the easterly jacent to the following: Kerper Blvd., right of way line of Pine Street; Thence River Front Subdivision No. 2, Part of northwesterly along said easterly right Government Lot 3, Section 19, T89N, of way line and extension thereof to the R3E, 5th P.M., Parts of Congressional northerly right of way line of E. 16th Lot 8 in Section 19, T89N, R3E, 5th Street; Thence northeasterly along said P.M, Dubuque Harbor Improvement northerly right of way line to the south- Company's Addition, and River Front west corner of Lot 1 of Kerper Industrial Subdivision No. 1, to a point of inter - Park; Thence northwesterly and con- section with the northerly line of Ice tinuing northeasterly along the westerly Harbor Urban Renewal Subarea B, de - line of said Lot 1 to the most northerly scribed as "that area generally bound - corner thereof; Thence southwesterly ed on the north and west by the Chica- along the westerly lines of Lot 1-2 and go, Central and Pacific Railroad right - Lot 2A of Kerper Industrial Park to the of -way, on the south by the northerly southwest corner of said Lot 2A; boundary of Subarea A and on the east Thence northeasterly along the south- by the municipal limits of the City of erly line of said Lot 2A to the southeast Dubuque including any adjoining public corner thereof; Thence northwesterly right-of-way; Thence northwesterly and along the easterly line of said Lot 2A to continuing southwesterly along the nor - the southwest corner of Lot 6 of Kerper therly and westerly sides of Ice Harbor Industrial Park; Thence northeasterly Urban Renewal District Subarea B to a along the southerly line of said Lot 6 to point of intersection with the southerly the southeast corner thereof; Thence right of way line of E. 4th street; Thence northwesterly along the easterly line of southwesterly along said southerly right said Lot 6 to the northeast corner of way line to a point of intersection thereof and point of intersection with with the centerline of U.S. Highways the southerly right of way line of Kerper 61/151; Thence northeasterly along Court; Thence northeasterly along said said centerline to a point of intersection southerly right of way line and exten- with the centerline of E. 12th Street; sion thereof to a point of intersection Thence southwesterly along said cen- with the centerline of Kerper Blvd; terline to a point of intersection with the Thence northwesterly along said cen- westerly right of way line of Elm St. ex- terline to a point of intersection with the tended, said point being the point of northerly line of Lot 3 of Kerper Indus- beginning; Excepting therefrom, the trial Park extended easterly; Thence East 7th Street Subarea. northwesterly along said extended line (q) East 7th Street Subarea of the district to the northeast corner of said Lot 3, shall include the following described said point also being on the westerly properties: Block 13 Lot 1 of Lot 4, Lot right of way line of Kerper Blvd.; 1 of Lot 5, Lot 1 of Lot 6, and Lots 7, 8, Thence northerly along said right of 9, 10, 11, 12, 13 and 14; and Block 16 way line to a point of intersection with Lots 1, 2, 3, 4 and 5; and Block 17 Lots the northeasterly right of way line of A, B, C, D, E, F, Lots 1, 2, 3, 4, 5, 6, 7, Fengler St.; Thence southeasterly 8, 9, 10, 11, 12, 13, 14, and 15, Lot 1 of along the extension of said northeaster- Lot 16, Lot 1 of Lot 1 of Lot 17, Lot 2 of ly right of way line crossing Kerper Lot 1 of Lot 18, Lot 2 of Lot 20, Lot 2 of Blvd. to a point of intersection with the Lot 21, Lot 2 of Lot 22, Lot 2 of Lot 23, westerly line of Lot 1A of Block 7 River Lot 2 of Lot 24, Lot 2 of Lot 25, Lot 2 of Front Subdivision No. 3, said point be- Lot 26, Lot 2 of Lot 27, Lot 3 of Lot 28, ing on the easterly right of way line of Lot 3 of Lot 29,Lot 3 of Lot 30, Lot 3 of Kerper Blvd.; Thence southeasterly Lot 31, Lot 3 of Lot 32, all in the Dubu- along said easterly right of way line to a que Harbor Improvement Co.'s Addi- point of intersection with the northerly tion, Township 89 North, Range 3 East right of way line of E. 16th Street; of the 51 P.M., Dubuque County, IA. Thence southeasterly crossing E. 16th and any adjoining public right-of-way. Street to a point of intersection of the (r ) Chaplain Schmitt Subarea of the dis- south right of way line of E. 16th St. and trict shall include the following de - the east right of way line of Kerper scribed properties: All of that part of the Blvd.; Thence northeasterly along the City of Dubuque lying easterly of the southerly right of way line of E. 16th St. Peosta Channel also known as Chap - to a point of intersection with the west- lain Schmitt Island and the area lying Page 524 of 1311 Book 154 Regular Session, December 16, 2024 438 east of the easterly right of way line of 3; Thence continuing northeasterly Kerper Boulevard between the center- along the westerly boundary of Block line of U.S. Highway 61/151 and the 18 and Block 17 of River Front Subdivi- southerly right of way line of E. 1611 sion No. 3 to a point of intersection with Street in Sections 17, 18, 19 and 20, the southwesterly corner of Lot 1 of T89N, R3E, 5th P.M. in the City of part of Lot 8 in McCraney's First Addi- Dubuque, Dubuque County, IA.. tion; Thence continuing northeasterly (s) North Kerper Boulevard Subarea of along the westerly lines of Lot 1 of part the district shall include that area gen- of Lot 8, Lot 1 of part of Lot 7, Lot 1 of erally bounded by the following descrip- Lot 2 of part of Lot 6, Lot 1 of part of tion: Commencing as a point of refer- Lot 6, Lot 1 of part of Lot 5, Lot 1 of ence at the point of intersection of the part of Lot 4, Lot 1 of part of Lot 3, Lot centerline of U.S. Highways 61 and 151 1 of part of Lot 2, the East 25 feet of with the easterly right of way line of part of vacated Marshall St., and Lot 2 Kerper Boulevard in the City of Dubu- of Lot 2 of Lot 1 all in McCraney's First que, Dubuque County, IA., said point Addition to the southwest corner of Lot being the point of beginning; Thence 1 of Lot 2 of part of Lot 115 in Ham's northwesterly along the easterly right of Addition; Thence northeasterly along way line of Kerper Boulevard to a point the westerly lines of Lot 1 of Lot 2 of of intersection with the northeasterly part of Lot 115 and Lot 1 of part of Lot right of way line of Fengler Street ex- 114 all in Ham's Addition to the most tended; Thence northwesterly along westerly corner of Lot 1 of Bradley said line crossing Kerper Boulevard Place; Thence northeasterly along the right of way to the southerly most cor- westerly lines of Lot 1 and Lot 2 of ner of Lot 1, Block 19 River Front Sub- Bradley Place to the most westerly cor- division No. 3; Thence southeasterly ner of Lot 1 Block 15 of River Front crossing Fengler Street right of way to Subdivision No. 3; Thence northeaster - the northeast corner of Lot 3 of River Iy along the northwesterly line of said Front Subdivision No. 4, said point be- Lot 1 Block 15 and continuing along the ing a point of intersection of the south- northwesterly line of Lot 2 of said Block westerly right of way line of Fengler 15 to the most westerly corner of Lot 2 Street with the westerly right of way line of In-Futuro Subdivision No. 1; Thence of Kerper Boulevard; Thence continu- continuing northeasterly along the ing southeasterly along said westerly northwesterly line of In-Futuro Subdivi- right of way line of Kerper Boulevard to sion No. 1 and continuing along the the northeast corner of Lot 3 of Kerper northwesterly line of Lots 1 and 2 of Industrial Park; Thence westerly and Reidl Place to the southwest corner of northwesterly along to north line of said Lot 1 of Block 14 of River Front Subdi- Lot 3 to a point of intersection with the vision No. 3; Thence northeasterly westerly line of Kerper Industrial Park; along the northwesterly line of said Thence northeasterly along said west- Block 14 to the most westerly corner of erly line to the northwest corner of Block 13 of River Front Subdivision No. Kerper Industrial Park; Thence south- 3; Thence continuing northeasterly easterly along the northerly line of along the northwesterly line of Blocks Kerper Industrial Park to the southwest 13, 12, 11, 10 and 9 to the northerly corner of Lot 1 of Lot 2 of Lot 20 of most corner of Lot 1 Block 9 River Jaeger's Subdivision, said point being Front Subdivision No. 3; Thence con - on the southeasterly right of way line of tinuing northeasterly along the north- Peosta Street; Thence northeasterly westerly line of Lot 2 and Lot 2A, Block along said right of way line to a point of 9 River Front Subdivision No. 3 to the intersection with the southerly line of northerly most corner of said Lot 2A; Lot 2 of Giese Subdivision; Thence Thence southeasterly along the north - southwesterly along said southerly line easterly line of said Lot 2A to the to the southeast corner of Lot 2 of 19 of northeast corner of said lot; Thence Jaeger's Subdivision; Thence north- southwesterly along the southeasterly easterly along the easterly line of said line of said Lot 2A to the most westerly Lot 2 of 19 to the northeast corner of corner of Lot 178 of Ham's Addition; said Lot 2 of 19, said point also being Thence southeasterly along the south - on the westerly boundary of Block 19 of westerly lines of Lots 178 and 59 of River Front Subdivision No. 3; Thence Hams Addition to the southerly most northeasterly along said westerly corner of said Lot 59, said point also boundary to the northwest corner of being the point of intersection of the Block 18, River Front Subdivision No. northeasterly right of way line of Far - Page 525 of 1311 Book 154 Regular Session, December 16, 2024 439 ragut Street with the northwesterly right Lot 2 of Subdivision of Lot 1 of Lot 1 of way line of Kerper Boulevard; of Lot 1 in Block 1 of "Riverfront Thence northeasterly along said Kerper Subdivision No. 5", in the City of Boulevard right of way line and exten- Dubuque, IA.; and sion thereof to a point of intersection Lot 2 of Subdivision of Lot 1 of Lot 1 with the northeasterly right of way line in Block 1 of "Riverfront Subdivision of Hawthorne Street; Thence south- No. 5", in the City of Dubuque, IA.; easterly along the northeasterly and and easterly right of way line of Hawthorne Lot 2 of Subdivision of Lot 1 in Block Street and Hawthorne Street Extension 1 of "Riverfront Subdivision No. 5", to a point of intersection with the in the City of Dubuque, IA.; and southwesterly right of way line of Lake Lot 5, in Block 1, in "River Front Sub - Street; Thence southwesterly and division No. 5" in the City of Dubu- northwesterly along said right of way que, IA.; and line of Lake Street to a point of inter- Lot 1-2 of Block 2 in River Front Sub- section with the southerly right of way division No. 3, in the City of Dubu- line of Harbor Street; Thence south- que, IA.. westerly along said Harbor Street right (t) Quebecor Subarea of the district shall of way line to the northeast corner of include the following described proper - Lot 1 Block 4 River Front Subdivision ties: Lot 1 of McGraw-Hill, Key City No. 3; Thence southeasterly along the Plating Replat in the City of Dubuque, northeasterly line of said Lot 1 and con- Dubuque County, IA., and any adjoin- tinuing along the northeasterly line of ing public rights of way. Lot 1 Block 3 of River Front Subdivision (u) Harrison Street Subarea of the district No. 3 to the most easterly corner shall include the following described thereof; Thence southwesterly along properties: Lot 1 and Lot 2 of Harrison the southeasterly line of said Lot 1 Street Place No. 2, Lot 1 and Lot 2 of Block 3 to the easterly most corner of Harrison Street Place No. 4, and Lot 1 Block 1 of River Front Subdivision No. of Harrison Street Place No. 5 all in the 5; Thence southwesterly along the City of Dubuque, Dubuque County, IA. southeasterly line of said Block 1 River and any adjoining public rights of way. Front Subdivision No. 5 to the northerly (v) Holy Ghost Subarea of the district right of way line of Hamilton Street Ex- shall include the following described tension; Thence southwesterly crossing properties: Lot 1 of 1 and 2 of 1 of Hamilton Street Extension right of way Paragon Square in the City of Dubu- to the easterly most corner of Lot 2 of 3 que, Dubuque County, IA.; and also in - of 1 Block 5 River Front Subdivision cluding the public right of way of Cen- No. 3; Thence continuing southwesterly tral Avenue abutting thereto; and along the original easterly boundary Lot 1, Lot 2, Lot 1 of 3, Lot 2 of 3, and line of Blocks 5, 6 and 7 of River Front Lot 4 all of "Dunn's Subdivision"; and Subdivision No. 3, to the southerly Lot 2 of Lot 1 of Lot 2 of Lot 1 of Lot most corner of Lot 2 of said Block 7, 18 of "John King's Dubuque"; in the said point being the northeast corner of City of Dubuque, IA.; and Lake Peosta Subdivision; Thence A part of Central Avenue right of way southerly along the easterly line of described as follows: Lake Peosta Subdivision to a point of Commencing at the southeasterly cor- intersection with the centerline of U.S. ner of Lot 2-1 of Paragon Square; Highways 61 and 151; Thence south- thence southeasterly along the west - westerly along said centerline to a point erly right of way line of Central Ave - of intersection with the easterly right of nue a distance of approximately way line of Kerper Boulevard, said 2,655 feet to the northeasterly corner point of being the point of beginning; of Lot 1 of Lot 1 of Lot 1 of the East Excepting therefrom the Quebecor Half of Lot 14 in John King's Dubu- Economic Development District de- que; thence northeasterly crossing scribed as Lot 1 of McGraw-Hill, Key Central Avenue to a point of intersec- City Plating Replat in the City of Dubu- tion with the easterly right of way line que, Dubuque County, IA., and any ad- of Central Avenue and the northerly joining public rights of way. right of way line of East 251h Street; Excluding therefrom the following de- thence northwesterly along the east - scribed properties: erly right of way line of Central Ave - Lots 6, 7, 8, and 9 in Block 1 of "River nue approximately 2,673 feet to a Front Subdivision No. 5" in the City point of intersection with said easterly of Dubuque, IA.; and right of way line and the easterly ex - Page 526 of 1311 Book 154 Regular Session, December 16, 2024 440 tension of the south line of Lot 2-1 of East 27th Street right of way to the Paragon Square; thence southwest- southwest corner of Lot 210 of Glen- erly crossing Central Avenue to the dale Addition; thence northwesterly Point of Beginning. along the westerly lines of Lots 210 to (w) Almond Street Subarea of the district 221, inclusive, of Glendale Addition to shall include the following described the southerly right of way of East 28th properties: Commencing at the inter- Street; thence northerly across the section of the easterly right of way of East 28th Street right of way to the Foye Street and the southerly right of southwest corner of Lot 134 of Glen - way line of the public alley lying be- dale Addition No. 2; thence north- tween Almond Street and West Locust westerly along the westerly lines of Street; thence easterly along said Lots 134 to 140, inclusive, of Glen - southerly right of way line to a point of dale Addition No. 2, and Lots 1, 2, intersection with the westerly right of and 3 of Glendale Addition No. 4, and way line of Ellis Street; thence north- Lot 145 Glendale Addition No. 2 to westerly along said westerly right of the southerly right of way line of East way line to the northeast corner of Lot 29th Street; thence northerly across 53 in Cox's Addition; thence northerly the East 29th Street right of way to the along the east line of that part of the southwest corner of Lot 61 of Glen - vacated alley adjacent to Lots 53 and dale Addition; thence northwesterly 54 in Cox's Addition approximately 20 along the westerly lines of Lots 61 to feet to the northeasterly corner thereof; 72, inclusive, of Glendale Addition to thence westerly along the north line of the southerly right of way line of East said vacated alley adjacent to said Lots 30th Street; thence northerly across 53 and 54 approximately 78 feet to the the East 30th Street right of way to the northwest corner thereof; thence to the southeast corner of a Part of southerly along the west line of said Lot 8 of Mineral Lot 322 as shown on vacated alley adjacent to said Lots 53 the Final Plat of Liebe's Subdivision and 54 approximately 20 feet to the No. 3, also being a point on the west- southwest corner thereof and the erly line of Lot 1-2-1 of Becker Place, northeasterly corner of Lot 55 in Cox's also being a point on the northerly addition; thence easterly along the right of way of East 30th Street; north line of Lots 55 thru 66 in Cox's thence southwesterly along the nor - addition to the northwest corner of Lot therly right of way of East 30th Street 66 in Cox's Addition; thence southerly to a point on the easterly right of way along the west line of said Lot 66 to a of Central Avenue; thence southeast - point of intersection with the northerly erly along the easterly right of way line of Lot 11 in Buettel's Subdivision; line of Central Avenue to the northerly thence west along the north line of Lot line of East 25th Street; thence north- 11, Lot 2-10 and Lot 1-10 of Buettel's easterly along the northerly line of Subdivision to a point of intersection East 25th Street to the point of begin - with the easterly right of way line of ning; and Foye Street; thence southerly along Beginning at the intersection of the nor - said easterly right of way line to the therly right of way line of Diagonal Point of Beginning. Street and the westerly right of way (x) North End Subarea of the district shall line of Central Avenue; thence south - include the following described proper- erly along the westerly right of way ties: line of Central Avenue to the north - Beginning at the intersection of the east corner of Lot 1 of Lot 1 of Lot 1 easterly right of way line of Elm Street of the East Half of Lot 14 in John and the northerly right of way line of King's Dubuque; thence southwester - East 25th Street; thence northerly ly along the northerly line of said Lot along the easterly right of way line of 1 of Lot 1 of Lot 1 of the East Half of Elm Street to the southerly right of Lot 14 of John King's Dubuque to the way line of East 26th Street; thence northwest corner thereof, thence northerly across the East 26th Street southeasterly along the west line of right of way to the southwest corner said Lot 1 of Lot 1 of Lot 1 of the East of Lot 283 of Glendale Addition No. 3; Half of Lot 14 of John King's Dubu- thence northwesterly along the west- que to the southwest corner thereof; erly lines of Lots 283 to 294, inclu- thence southwesterly along the sive, of Glendale Addition No. 3 to the southerly line of the East Half of John southerly right of way line of East 27th King's Dubuque to the southwest Street; thence northerly across the corner thereof; thence southeasterly Page 527 of 1311 Book 154 Regular Session, December 16, 2024 441 along the east lines of the West Half Lot 2-1-1-241 & Lot 1-242 of Davis of Lots 12, 10, and Northwest Quarter Farm Addition; and of 8 of John King's Dubuque to the Lot 1-243 of Davis Farm Addition; and southeast corner of the Northwest Lot 1-1-244 of Davis Farm Addition; Quarter of Lot 8 of John King's Dubu- and que; thence northeasterly along the The South 26' of Lot 245 Davis Farm northerly line of Lot 2 of the East Addition; and 329.98' of the Southwest Half of Lot 8 The North 34' of Lot 245 Davis Farm of John King's Dubuque to the north- Addition; and east corner of said lot; thence south- The East 1/2 of Lot 246 Davis Farm easterly along the easterly line of said Addition; and lot to the southeast corner of said lot; The West 1/2 of Lot 246 Davis Farm thence southwesterly along the Addition; and southerly line of said lot to the north- Lot 247 of Davis Farm Addition; and east corner of Lot 2 of Lot 6 of John Lot 248 of Davis Farm Addition; and King's Dubuque; thence southeaster- Lot 249 of Davis Farm Addition; and ly along the easterly lines of Lot 2 of The East 1/2 of Lot 250 of Davis Farm Lot 6 and Lot 3 of Lot 6 of John Addition; and King's Dubuque to the southeast cor- The West 1/2 of Lot 250 of Davis Farm ner of said Lot 3 of Lot 6; thence Addition; and northeasterly along the southerly line Lot 251 and the South 1/2 of Lot 252, of the Lot 6 of John King's Dubuque of Davis Farm Addition; and to the easterly right of way line of Di- Lot 253 and the North 1/2 of Lot 252, of vision Street; thence southeasterly Davis Farm Addition; and along the easterly line of Division Lot 254 of Davis Farm Addition; and Street and its southerly extension to Lot 255 of Davis Farm Addition; and the southerly right of way line of West The South 1/2 of Lot 256 of Davis Farm 24th Street; thence southwesterly Addition; and along the southerly right of way line of The South 31.3' of the North 1/2 of Lot West 24th Street to the easterly right 256 of Davis Farm Addition; and of way line of Carr Street; thence The North 28.7' of the North 1/2 of Lot southeasterly along the easterly right 256 of Davis Farm Addition; and of way line of Carr Street to the east- Lot 257 of Davis Farm Addition; and erly extension of the north line of Lot Lot 258 of Davis Farm Addition; and 2 of Brewery Addition; thence south- Lot 259 of Davis Farm Addition; and westerly along the northerly line of Lot 260 of Davis Farm Addition; and Lot 2 of Brewery Addition to the Lot 261 of Davis Farm Addition; and southeast corner of Lot 6 of Gerald Lot 262 of Davis Farm Addition; and Scherrer Subdivision; thence north- The South 23.5' of The East 112' of Lot westerly along the easterly line of Lot 263 of Davis Farm Addition; and 6 of Gerald Scherrer Subdivision to The East 114' of the North 36'6" of Lot the northeast corner of Lot 6 of Ger- 263 of Davis Farm Addition, and also ald Scherrer Subdivision and a point including the Public Right of Way of on the westerly right of way line of West 28th Street abutting thereto; and Broadway Street; thence northwester- The North 36.5' and South 23.5' of the ly along the westerly right of way line West 114' of Lot 263 of Davis Farm of Broadway Street to the westerly Addition, and also including the Pub - extension of the northerly right of way lic Right of Way of West 28th Street line of Diagonal Street; thence south- abutting thereto; and easterly along said right of way and Lot 2-265 of Davis Farm Addition, and extension to the point of beginning; also including the Public Right of Way and of West 28th Street abutting thereto; Lot 1-239 of Davis Farm Addition and and Lot 1-1-5 of Kiene & Altman's Subdi- Lot 1-265 of Davis Farm Addition, and vision; and also including the Public Right of Way Lots 1-4 & 2-1-5 of Kiene & Altman's of West 28th Street abutting thereto; Subdivision; and and Lot 1-2 And 1-3 of Kiene & Altman's Lot 2-1 of G R West's Addition and Lot Subdivision; and 1-266 of Davis Farm Addition; and Lot 1-1 of Kiene & Altman's Subdivi- Lot 2-1-1 of G R West's Addition; and sion; and Lot 1-1-1 of G R Wests Addition and Lot 1-1-1-241 of Davis Farm Addition; Lot 2-266 of Davis Farm Addition; and and Page 528 of 1311 Book 154 Regular Session, December 16, 2024 442 The South 39'6" of Lot 2 of G R West's of Lot 19 of Finley Waples and Burton Dubuque; and Addition; and The North 20.5' of Lot 2 & and the All that part of the Asbury Road right of South 3' of Lot 3 of G R West's Addi- way lying north of the northerly right tion; and of way line of University Avenue and Lot 2 of the North 57' of Lot 3 of G R lying south of the easterly extension Wests Addition; and of the southerly line of the East 100' Lot 1 of the North 57' of Lot 3 of G R feet of Lot 159 of Finley Addition; and West's Addition; and All that part of the Irving Street right of Lot 4 of G.R. West Addition; and way lying north of the northerly right Lot 2 of Paragon Square; and of way line of University Avenue and Lot 2-3 and 2-4 McDaniel's Park Hill, lying south of the easterly extension and Lots 8 and 1-9 of G.R. West's of the northerly line of Lot 2 of Lot 2 Addition; and of Lot 1 of Lot 1 of lot 1 of Lot 14 of Lot 2-9 of G R West's Addition; and Mineral Lot 172; and Lots 10, the West 310' of the North 65' All that part of the Loras Boulevard of Lot 2 -11, and the South 55' of Lot right of way lying east of the northerly 2-11, all in G R West's Addition; and right of way line of University Avenue Lot 1 of 11 and the East 20' of the and lying west of a line connecting North 65' of Lot 2 of G R West's Addi- the northeast corner of Lot 2-3-13 of tion; and Mineral Lot 172 and the southeast All that part of the Central Avenue right corner of Lot 1-249 of Woodlawn of way lying south of the northerly Park Addition; and right of way line of West 30th Street All that part of the Delhi Street right of and north of the easterly extension of way lying south of the southerly right the northerly line of Lot 1 of 1 of of way line of University Avenue and Paragon Square; and lying north of the southerly extension All that part of the West 30th Street right of the easterly line of Lot 2-1 of of way lying west of the easterly right Schwind's Place; and of way line of Central Avenue. All that part of the North Grandview All in the City of Dubuque, Dubuque Avenue right of way lying south of the County, IA.. easterly extension of the south line of (y) University Avenue Corridor Subarea Lot 7 of Tschirgi and Schwind's Sub - of the district shall include the following division and lying north of the norther - described properties: ly right of way line of University Ave - All that part of the Pennsylvania Ave- nue; and nue right of way lying north of the nor- All that part of the North Grandview therly right of way line of University Avenue right of way lying south of the Avenue and lying south of the nor- southerly right of way line of Universi- therly extension of the westerly line of ty Avenue and lying north of a line Lot 2-1-1-1-1-2-1 of Mineral Lot 256; parallel to and 150' south of the and southerly right of way line of Universi- All that part of the University Avenue ty Avenue; and right of way lying east of the southerly All that part of the McCormick Street extension of the west line of Lot 1- right of way lying south of the south- 137 of Finley Waples and Burton Ad- erly right of way line of University Av- dition, and lying west of the southerly enue and lying north of the easterly extension of the westerly line of Lot 2 extension of the south line of Lot 1 of of Lot 12 of Central Addition; and Herbst's Subdivision; and All that part of the 9th Street right of way Lot 1-137 of Finley Waples & Burton's lying south of the centerline of 9th Addition; and Street, lying east of the southerly ex- Lot 1-136 and 2-137 of Finley Waples tension of the westerly line of Lot 2 of & Burton's Addition; and Lot 12 of Central Addition, and lying Lot 1-232 of Finley Addition; and west of the northerly extension of the Lot 229 of Finley Addition; and westerly line of Lot 1 of the Subdivi- Lot 130 of Finley Waples & Burton's sion of City Lot 688 and Part of City Addition; and Lot 654; and Lot 131 of Finley Waples & Burton's All that part of the Finley Street right of Addition; and way lying south of the southerly right Lot 132 of Finley Waples & Burton's of way line of University Avenue and Addition; and lying north of the westerly extension Lot 133 of Finley Waples & Burton's of the south line of the Northwest 95' Addition; and Page 529 of 1311 Book 154 Regular Session, December 16, 2024 443 The Northwest 95' of Lot 19 of Finley West 1074' of Lot 64 in Littleton and Waples & Burton's Addition; and Sawyer's Addition, lying north of the The North 95' of Lot 18 of Finley northerly right of way of West Locust Waples & Burton's Addition; and Street and lying south of the easterly Lot 17 of Finley Waples & Burton's Ad- extension of the northerly line of Lot dition; and 1of the West 1074' of Lot 64 in Little - The Northwest 25' of Lot 2 of Finley ton and Sawyer's addition; and Addition, and all adjacent Alley right All that part of the Rosedale Avenue of way; and right of way lying south of the south - The Southeast 41' of Lot 2 in Finley erly line of West Locust Street and ly- Addition, and all adjacent Alley right ing north of the easterly extension of of way; and the southerly line of Lot 42 of Wm. Lot 1-1 and 2-1 in Finley Addition, and Blake's Addition; and all adjacent Alley right of way; and All that part of the right of way of the al - Lot 1 of Mineral Lot 170, and all adja- ley lying adjacent to and east of Lot cent Alley right of way; and 2-12B of Wood's Addition, lying south Lot 4, 1-3, 2-3, 2-2 and 1-2, all in Min- of the easterly right of way of eral Lot 170 and all adjacent Alley Rosedale Avenue and lying north of right of way; and the easterly extension of the souther - Lot 5 and Lot 2-6 of Mineral Lot 170; ly line of said Lot 2-1213; and and All that part of the Alta Vista Street right Lot 1-6 and 2-7 of Mineral Lot 170 and of way lying south of Lot 24D of A. P. Lot 2-2-1-1-1-14 of Mineral Lot 172; Wood's Addition and lying north of and the easterly extension of the souther - The West 2' of Lot 1 of the Subdivision ly line of Lot 20 of A. P. Wood's Addi- of Lot 13 of Mineral Lot 172 and Lot tion; and 2-13 of Mineral Lot 172 and Lot 2 All that part of the Williams Street right Mabel's Subdivision; and of way lying east of the easterly right The East 58' of Lot 1 of Lot 13 of Min- of way line of Alta Vista Street and ly- eral Lot 172, and Lot 2 of Lot 3-13 of ing west of westerly right of way line Mineral Lot 172, and Lot 2A of Lot 1- of Blake Street; and 4-13 of Mineral Lot 172; and All that part of the north half of the Lot 2-8 of City Lot 703 and Lot 2-2-9 of Bellevue Street right of way lying east City Lot 703; and of the easterly right of way line of Alta Lot 1 of Herbst's Subdivision; and Vista Street and lying west of the Lot 1-1 and Lot 2-1 of Schwind's Place. westerly right of way line of Blake All in the City of Dubuque, Dubuque Street; and County, IA.. All that part of the Blake Street right of (z) West Locust Corridor Subarea of the way lying south of the southerly right district shall include the following de- of way line of West Locust Street and scribed properties: lying north of the westerly extension All that part of the West Locust Street of the centerline of Vacated Bellevue right of way lying east of the southerly Street adjacent to Lot 90 in A. P. extension of the westerly line of Lot 2- Woods Addition; and 1-1-1-1-2 of Clarke College Place and Lot 5 and East 10' of Lot 4 Ellen lying west of the northerly extension Blake's Subdivision; and of the easterly right of way line of The South150' of the West 40' of Lot 4 Pierce Street; and Ellen Blake's Subdivision; and All that part of the Pierce Street right of The North 170' of the West 40' of Lot 4 way lying south of the southerly right Ellen Blake's Subdivision; and of way line of West Locust Street and Lot 3 of Ellen Blake's Subdivision; and lying north of the easterly extension Lot 2 of Ellen Blake's Subdivision; and of Lot 1 of Lot 1 of Connolly's Subdi- Lot 1 of Ellen Blake's Subdivision; and vision; and The East 235' of Lot 64 of Littleton & All that part of the Kirkwood Street right Sawyer's and Lot 2 of Mineral Lot of way lying south of the southerly 93A and the Balance of Lot 2 of Min - right of way line of West Locust Street eral Lot 95; and and lying north of the northerly exten- All of Kingdom Hall Place; and sion of the west line of Lot 5 of Union Lot 1 of the West 1074' of Lot 64 of Lit - Avenue Subdivision; and tleton & Sawyer's Addition; and All that part of the right of way of the al- Lot 2-1-1-1 and Lot 1-2-1-1 of Wm. ley lying adjacent to and east of Blake's Addition, and Lot 2 & Lot 2-1 Kingdom Hall Place and Lot 1 of the of Part of Mineral Lot 184; and Page 530 of 1311 Book 154 Regular Session, December 16, 2024 444 Lot 1-1-1-1 and Lot 2-2-1-1 of Wm. Lot 3-98A of A. P. Wood's Addition; Blake's Addition; and and Lot 2 and Lot 2-1 of Wm. Blake's Addi- Lot 2-98A of A. P. Wood's Addition; tion; and and Lots 1-3 and Lot 2-4 of Wm. Blake's Lot 1-98A of A. P. Wood's Addition; Addition; and and Lot 2-3 and 1-4 of Wm. Blake's Addi- Lots 90 to 98, inclusive, in A. P. Wood's tion; and Addition, and the northerly '/2 of Va- Lots 5 to 19, inclusive, of Wm. Blake's cated Bellevue Street abutting said Addition; and lots 90 to 98, in A.P. Wood's Addition; Lots 2-11, 2-12, and the East 30' of Lot and 2-10 in Southview Heights, also Lots Part of the North '/2 of Vacated Belle- 20, 21 and the East 30' of Lot 22 of vue Street Lying South of McGrath's Wm. Blake's Addition; and Subdivision Southeast'/4 Northeast'/4 The West 70' of Lot 22 of Wm. Blake's Section 23, T89N, R2E in the City of Addition and Lot 2-9 and the West 20' Dubuque; and of Lot 2-10 of Southview Heights; and Part of Vacated Bellevue Street lying Lot 1-23 of Wm. Blake's Addition and between McGrath's Subdivision and Lots 2-2-7 and 1-2-8 of Southview Kirkwood Place in the City of Dubu- Heights; and que; and Lots 2-23 and the East 50'of Lot 24 of Lot 1 and Lot 2-2 of McGrath's Subdivi- Wm. Blake's Addition and Lots 2-6, 1- sion; and 2-7, and 2-2-8 of Southview Heights; Lots 3 and 4 and Lot 1-2, all in and McGrath's Subdivision; and The West 50' of Lot 24 of Wm. Blake's Lot 5 of McGrath's Subdivision; and Addition and Lot 2-5 of Southview Lot 6 of McGrath's Subdivision; and Heights; and Lot 1 of Mineral Lot 95; and Lot 25 of Wm. Blake's Addition; and Lot 9 of McGrath's Subdivision; and Lot 26 Wm. Blake's Addition; and Lots 7 and 8 of McGrath's Subdivision; Lot 27 of Wm. Blake's Addition and Lot and 2-1-1-1-1-2 of Clarke College Place; Lot 10 of McGrath's Subdivision; and and Lots 2 to 5, inclusive, of Union Avenue Lots 29 to 42, inclusive, of Wm. Blake's Subdivision #2; and Addition; and Lot 1 of Union Avenue Subdivision #2 Lot 2 of Lot 43 of Wm. Blake's Addition; and Lot 2 of Mosher's Subdivision; and and Lot 2 of Lot 44 of Wm. Blake's Addition; Lot 1-3, 1-2, and 1-1 of Connolly's and Subdivision, and Lot 1 of Part of City Lot 2 of Lot 45 of Wm. Blake's Addition; Lot 711. and All in the City of Dubuque, Dubuque Lot 2 of Lot 46 of Wm. Blake's Subdivi- County, IA.. sion; and (aa) Dubuque Brewing and Malting Sub - Lot 2 of Lot 12B of Wood's Addition; area of the district shall include the fol- and lowing described properties: Lots 20, 21, and 22 of A. P. Wood's Beginning at the intersection of the nor - Addition; and therly right of way line of East 30th Lot 23 of A. P. Wood's Addition; and Street and the westerly right of way Lot 2-24 and 2-24A of A. P. Wood's line of Jackson Street; thence north - Addition; and easterly along the northerly right of Lot 24D of A. P. Wood's Addition; and way line of East 30th Street to the Lot 24C of A. P. Wood's Addition; and southeast corner of a Part of Lot 8 of Lots 24B to 36B, inclusive, of A. P. Mineral Lot 322 as shown on the Fi- Wood's Addition; and nal Plat of Liebe's Subdivision No. 3, Lots 25A to 36A, inclusive, of A. P. also being a point on the westerly line Wood's Addition; and of Lot 1-2-1 of Becker Place, thence The North 40' of Vacated Williams northwesterly along the easterly lines Street in A. P. Wood's Addition; and of Part of Lot 8 and Part of Lot 7 as Lots 25 to 36, inclusive, of A. P. shown on the Final Plat of Liebe's Wood's Addition; and Subdivision, Lot 1-6 of Mineral Lot Lots 6 to 10, inclusive, and the North 322, and Lot 4A of Mineral Lot 322 1/2 and South 1/2 of Lot 5, all of Lot and its northerly extension to a point 98A of A. P. Wood's Addition; and on the northerly right of way line of Lot 4-98A of Wood's Addition; and East 32"d Street; thence southwester - Page 531 of 1311 Book 154 Regular Session, December 16, 2024 445 ly along the northerly right of way line trict shall include the following de - of East 32nd Street to the westerly scribed properties: right of way line of Jackson Street; All that part of the Public Alley right of thence southeasterly along the west- way between Francis Street, Central erly right of way line of Jackson Avenue, Kaufmann Avenue, and West Street to the westerly extension of the 23rd Street lying north of the north right northerly line of Lot 2 of Liebe's Sub- of way line of Kaufmann Avenue and division No. 2; thence northeasterly south of the easterly extension of the along said northerly line and westerly south line of the North Half of Lot 19 in extension to the northeast corner of Tivoli Addition; and said Lot 2; thence southeasterly Lots 4, 5, 6, 7, and 8, all in the Subdivi- along the easterly line of Lots 1 and 2 sion of Lot 20 and the South1/2 of Lot of Liebe's Subdivision No. 2 to the 19 Tivoli Addition; and southeast corner of Lot 1 of Liebe's Lot 3 of the Subdivision of Lot 20 and of Subdivision No. 2; thence southeast- South 1/2 of Lot 19 Tivoli Addition; and erly across Liebe Street right of way Lot 2 of the Subdivision of Lot 20 and of to the northeast corner of Lot 1 of South 1/2 of Lot 19 Tivoli Addition; and Liebe's Subdivision No. 1; thence All that part of the Francis Street right of southeasterly along the easterly lines way lying north of the north right of way of Lots 1 and 2 of Liebe's Subdivision line of Kaufmann Avenue and south of No. 1 to the southeast corner of Lot 2 the easterly extension of the north line of Liebe's Subdivision No. 1; thence of Lot 2-21 in Tivoli Addition; and southwesterly along the southerly line Lot 1-21 Tivoli Addition; and of said Lot 2 and its westerly exten- Lot 2-21 Tivoli Addition; and sion to the westerly right of way of All that part of the Public Alley right of Jackson Street; thence southeasterly way adjacent to Lot 38 of Tivoli Addi- along the westerly right of way of tion lying north of the northerly right of Jackson Street to the point of begin- way line of Kaufmann Avenue and lying ning. south of the easterly extension of the (bb) 15th Street Subarea of the district north line of said Lot 38; and shall include that area generally Lot 38 Tivoli Addition; and bounded by the following description: Lot 39 Tivoli Addition; and Beginning at the intersection of the nor- Lot 1-40 Tivoli Addition; and therly right of way line of East 15th All that part of the Valeria Street right of Street and the easterly right of way line way lying north of the northerly right of of Elm Street in the City of Dubuque, way line of Kaufmann Avenue and Dubuque County, IA.; and south of the easterly extension of the Thence northeasterly along the norther- north line of Lot 1-1-1-1 in Weland's ly right of way line of East 15th Street Subdivision; and to a point of intersection with the Lot 1-1-1-1 and Lot 2-2-2 Weland's Sub - westerly right of way line of a public division; and alley lying between Pine Street and Lot 2-1-1 Weland's Subdivision; and Maple Street; Thence northwesterly Lot 2-1 and Lot 1-2-2 of Subdivision of along said westerly right of way line Lots 129, 131, 131A & 135A L H Lang - to the northeast corner of the North worthy's Addition aka Weland's Subdi- 35 feet of Lot 255 in East Dubuque vision; and Addition # 2; Thence southwesterly Lot 2-2A & Lot 1-2 Weland's Subdivision; along the northwesterly line of said and Lot to a point of intersection with the Lot 1-2A Weland's Subdivision; and easterly right of way line of Pine Lot 3 Weland's Subdivision; and Street; Thence northwesterly along Lot 3A Weland's Subdivision; and said easterly right of way line to the The East 27' of Lot 4 Weland's Subdivi- southerly right of way line of E. 16th sion; and Street; Thence southwesterly along The West 35' of Lot 4 Weland's Subdivi- said southerly right of way line to a sion; and point of intersection with the easterly Lot 5 Weland's Subdivision; and right of way line of Elm Street; Lot 5 of the Subdivision of Lots 3 & 4 of Thence southeasterly along said Lot 135 L H Langworthy's Addition; and easterly right of way line to a point of All of the Private Driveway known as intersection with the northerly right of Fuller Place Abutting Lots 2, 3, 4 & 5 of way line of E. 15th Street, said point the Sub. of Lots 3 & 4 of Lot 135 L H being the point of beginning. Langworthy's Addition East 50'1 and (cc) Lower Kaufmann Subarea of the dis- West 1/2-2 all of Lot 135 LH Langwor- Page 532 of 1311 Book 154 Regular Session, December 16, 2024 446 thy's Addition; and worthy's Addition; and Lot 2 of the Subdivision of Lots 3 and 4 The West 28' of Lot 1-2-2 of 147 L H of Lot 135 L H Langworthy's Addition; Langworthy's Addition; and and The West 28' of Lot 2-2-1-1-147 L H The Middle 37' of Lot 7 Cushing's Subdi- Langworthy's Addition; and vision; and Lot 3 of the Subdivision of Lot 2-1-2-147 and Lot 1-2-1-1-147 L H Lots 3 and 4 of Lot 135 L H Langwor- Langworthy's Addition; and thy's Addition; and The East 1/2 of Lot 1-1-2-147 and Lot 2- The North 38' of Lot 7 Cushing's Addi- 1-1-1-147 L H Langworthy's Addition; tion; and Lot 4 of the Subdivision of and Lots 3 and 4 of Lot 135 L H Langwor- Lot 1-1-1-1-147 and the West 1/2 of Lot thy's Addition; and 1-1-2-147 L H Langworthy's Addition; Lot 1 of the Subdivision of Lots 3 and 4 and of Lot 135 L H Langworthy's Addition; All of Cornelia Place; and and Lot 2 of the West 1/2 of Lot 148 L H The South 60' of Lot 7 Cushing's Subdi- Langworthy's Addition; and vision; and Lot 2-1 of the West 1/2 of Lot 148 L H Lot 8 and the East 7 1/2' of Lot 9 Cush- Langworthy's Addition; and ing's Subdivision; and Lot 1-1 of the West 1/2 of Lot 148 L H The West 22 1/2' of Lot 9 and the East Langworthy's Addition; and 15' of Lot 10 Cushing's Subdivision; All that part of the Valeria Street right of and way lying east of the easterly right of The West 15' of Lot 10 and the East way line of Kaufmann Avenue and west 22'6" of Lot 11 Cushing's Subdivision; of the northerly extension of the easter- and ly line of Lot 1-1 of the West Half of Lot Lot 12 and the West 7 1/2' of Lot 11 148 in L H Langworthy's Addition; and Cushing's Subdivision; and Lot 1-149 L H Langworthy's Addition and Lot 13 Cushing's Subdivision; and Lot 2-1-5 and Part of 2-5 of Mineral Lot Lot 14 Cushing's Subdivision; and 316; and Lot 15 Cushing's Subdivision; and Lot 2-149 L H Langworthy's Addition; and Lot 6 C. Klingenberg's 3rd Addition; and The Southerly 50' of the South 100'-Lot All that part of the Cushing Place right of 151 L H Langworthy's Addition; and way lying north of the northerly right of The North 50' of the South 100' of Lot way line of Kaufmann Avenue and lying 151 L H Langworthy's Addition; and south of the westerly extension of the The Southerly 61' of the Northerly 71' of north line of Lot 6 in C. Klingenberg's Lot 151 L H Langworthy's Addition; and Third Addition; and The Northerly 10' the Northerly 71' of Lot Lot 2-141 L H Langworthy's Addition and 151 and the Southerly 50' of the South - Lot 4 C. Klingenberg's 3rd Addition; and erly 100' of Lot 155 L H Langworthy's Lot 2-143 and Lot 2-1-1-1-143 L H Addition; and Langworthy's Addition; and The Northerly 50' of the Southerly 100' of The East '/2 of Lot 3-143 & Lot 2-2-1-1- Lot 155 L H Langworthy's Addition; and 143 L H Langworthy's Addition; and Lot 2 of the Subdivision of the South - The West 1/2 of Lot 3-143 L H Langwor- westerly 100' of the Northwesterly 92' thy's Addition; and of Lot 155 L H Langworthy's Addition; Lot 4-143 L H Langworthy's Addition; and and Lot 5-143, Lot 2-2-1-1-East 3/4-145A, Lot 1 of the Subdivision of the South - and Lot 2-2-2-1-1-1-East3/4-145A L H westerly 100' of the Northwesterly 92' Langworthy's Addition; and of Lot 155 L H Langworthy's Addition; Lot 1 Janice Place on Kaufman Avenue; and and All that part of the Greenfield Street right Lot 2 Janice Place on Kaufmann Avenue; of way lying east of the easterly right of and way line of Kaufmann Avenue and lying Lot 1-1-West 1/4 of Lot 145A L H Lang- west of the southerly extension of the worthy's Addition; and westerly line of Lot 1-7 in Springgreen Lot 1 Herbst Place #2; and Subdivision; and Lot 2-1-1-3-145 and the South 192.60' of Lot 6 and Lot 2-7 Springgreen Subdivi- the West Part of Lot 1-2-145 L H sion; and Langworthy's Addition; and Lot 5 Springgreen Subdivision; and Lot 1-1-1-3-145 and 2-2-1-147 and Lot 2- Lot 4 Springgreen Subdivision; and 2-2-147 L H Langworthy's Addition; and Lot 3 Springgreen Subdivision; and The East 34' of Lot 1-2-2-147 and the All that part of the Kane Street right of East 34' of Lot 2-2-1-1-147 L H Lang- way lying north of the northerly right of Page 533 of 1311 Book 154 Regular Session, December 16, 2024 447 way line of Kaufmann Avenue and lying Addition and Lot 2 of Lot 1 of Lot 151 south of the westerly extension of the Mechanic's Addition; and north line of Lot 3 in Springgreen Sub- Lots 152, 153 and Lot 2-151 Mechanic's division; and Addition; and Lot 1 Kieffer Place; and Lot 154 and the West 42' 4" of Lot 155 Lot 2-1 and Lot A of Vogt Place; and Mechanic's Addition; and All that part of the Kaufmann Avenue All of the Public Alley right of way be - right of way lying south and east of the tween Lots 155 and 156 in Mechanic's southerly extension of the west line of Addition; and Lot 2-1 of Vogt Place and lying north Lot 156 Mechanic's Addition; and and west of the southerly extension of Lot 157, 158 and 159 Mechanic's Addi- the westerly line of Lott of Tivoli Addi- tion; and tion; and Lot 9 and Lot 1-10 of Lots 138, 140, and Lot 158A L H Langworthy's Addition; and 142 of L H Langworthy's Addition; and Lot 154 L H Langworthy's Addition; and Lot 1-8 of Lots 138, 140, & 142 L H Lot 154A L H Langworthy's Addition; and Langworthy's Addition; and Lot 2-1-153 L H Langworthy's Addition; The West 20' of Lot 6, the West One Half and of Lot 7 except the East 5 feet thereof, Lot 1-1-153 L H Langworthy's Addition; and Lot 2 of Lot 8, all of the Subdivision and of Lots 138, 140, and 142 L H Lang - Lot 2-153 and the North 27' of Lot 2-1- worthy's Addition; and 153A L H Langworthy's Addition; and The East 30' of Lot 7, and the East 5' of The South 50' of Lot 2-1-153A L H Lot 6, and Lot 5, all of the Subdivision Langworthy's Addition; and of Lots 138, 140, and 142 L H Lang - Lot 2-2-153A L H Langworthy's Addition; worthy's; and and Lot 4-138, 4-140, and 4-142 L H Lang - Lot 1-2-152 and Lot 1-2-153A L H Lang- worthy's Addition; and worthy's Addition; and Lot 3-138, 3-140, and 3-142 L H Lang - Lot 1-2-2-152 L H Langworthy's Addition; worthy's Addition; and and Lot 2-138, 2-140 and 2-142 L H Lang - Lot 2-2-2-152 L H Langworthy's Addition; worthy's Addition; and and Lot 1 of the Subdivision of Lot 1 and the The NW 4' of Lot 2 of Lot 150 and Lot 1- balance of Lot 2 of the Subdivision of 152 L H Langworthy's Addition; and Lot 1, both of the Subdivision of Lots The East 88.5' of Lot 2 of the Subdivision 138, 140 and 142 L H Langworthy's of Lot 150 L H Langworthy's Addition; Addition; and and The North 296' of the West 1/4 of Lot 136 Lot 6 of the Subdivision of Lot 150A and L H Langworthy's Addition; and of Lot 1 of Lot 150 L H Langworthy's The South 50' of the West 1/4 of Lot 136 Addition; and L H Langworthy's Addition; and Lot 1-5 of the Subdivision of Lot 150A The balance of the Easterly Half of the and of Lot 1 of Lot 150 L H Langwor- Westerly Half of Lot 136 L H Langwor- thy's Addition; and thy's Addition; and All that part of the Hempstead Street right Lot 2 of Lot 1, and Lot 2, both of the East of way lying south of the southerly right 1/2 of Lot 136 L H Langworthy's Addi- of way line of Kaufmann Avenue and tion; and lying north of the northerly right of way The balance of Lot 1 of Lot 1 of the East line of Lowell Street; and 1/2 of Lot 136 L H Langworthy's Addi- Lot 1-1-3-146 and 146A and Lot 1-1-2-3- tion; and 146 and 146A Of L H Langworthy's Ad- The balance of Lot 7 Siege Subdivision; dition; and and Lot 1 of Lot 2 of Lots 146 and Lot 146A L The West 1/2 of Lot 6 Siege Subdivision; H Langworthy's Addition; and and Lot 1-1-1-151 Mechanic's Addition; and The East 1/2 of Lot 6 Siege Subdivision; Lot 1 of the Subdivision of Lot 1 of Lots and 146 and Lot 146A in L H Langworthy's The West 1/2 of Lot 5 Siege Subdivision; Addition and Lot 2 of the Subdivision of and Lot 2 of Lots 146 and Lot 146A L H The East 1/2 of Lot 5 Siege Subdivision; Langworthy's and Lot 2-of the Subdivi- and sion of Lot 1 of Lot 1 of Lot 151 Me- Lot 4 Siege Subdivision; and chanics Addition; and Lot 3 Siege Subdivision; and Lot 2 of Lot 1 of the Subdivision of Lots Lot 2 Siege Subdivision; and 146 and Lot 146A L H Langworthy's Lot 1-1 Siege Subdivision; and Page 534 of 1311 Book 154 Regular Session, December 16, 2024 448 All that part of the Kleine Street right of All that part of the Public Alley right of way lying south of the southerly line of way between Lots 119, 120, 121, 122 Kaufmann Avenue and lying north of and 123 in Mechanic's Addition lying the easterly extension of the south line east of the easterly right of way line of of Lot 1-2 in Seiges Subdivision; and Hempstead Street and lying west of the Lot 1-63 Marsh's Addition; and southerly extension of the east line of Lot 2-63 Marsh's Addition; and Lot 123 in Mechanic's Addition; and Lots 3-38 and 4-38 Marsh's Addition; and Lot 2-121 and 2-122 Mechanic's Addi- Lot 2-38 Marsh's Addition; and tion; and Lot 1-38 Marsh's Addition; and Lot 1-121 and 1-122 Mechanic's Addi- All that part of the North Main Street right tion; and of way lying south of the southerly line Lots 83 and 84 Pleasant View Addition; of Kaufmann Avenue and lying north of and the westerly extension of the south line The East 35' of Lot 85 Pleasant View of Lot 37 in Marsh's Addition; and Addition; and Lot 37 Marsh's Addition; and Lots 80, 81, and 82 Pleasant View Addi- Lot 36 Marsh's Addition; and tion; and Lot 35 Marsh's Addition; and All that part of the Public Alley right of Lot 34 Marsh's Addition; and way between Lots 80, 81, 82, 83, 84, Lot 33 Marsh's Addition; and and 85 in Pleasant View Addition lying Lot 32 Marsh's Addition; and west of the westerly right of way line of The North 95' of Lot 31 Marsh's Addition; Hempstead Street and lying east of the and northerly extension of the East 35' of The North 95' of Lot 1 Marsh's Addition Lot 85 in Pleasant Valley Addition; and All that part of the Heeb Street right of Lot 79 and 79A Mechanic's Addition; and way lying south of the southerly line of Lot 78 Mechanic's Addition; and Kaufmann Avenue and lying north of Lot 77 Mechanic's Addition; and the easterly extension of the southerly Lot 76 Mechanic's Addition; and line of Lot 12 of Marsh's Addition; and Lot 75 Mechanic's Addition; and The South 40' of Lot 1, the North 5' of Lot All that part of the Montcrest Street right 2, and the South 40' of Lot 31 Marsh's of way lying west of the westerly right Addition; and of way line of Hempstead Street and ly- The South 45' of Lot 2 Marsh's Addition; ing east of the northeasterly extension and of the westerly line of Lot 75 in Me - Lot 3 Marsh's Addition; and chanic's Addition; and Lot 4 Marsh's Addition; and Lot 1-73 and 1-74 Mechanic's Addition; Lot 5 Marsh's Addition; and and The North 40' of Lot 6 Marsh's Addition; Lot 1-2 of the Subdivision of Lot 150A and and Lot 1-150 L H Langworthy's Addi- Lot 12, Lot 11, Lot 10, and the South 30' tion; and of Lot 9, and the East 60' of the North Lot 1-3 of the Subdivision of Lot 150A 20' of Lot 9, and the West 125' of the and Lot 1-150 L H Langworthy's Addi- North 20' of Lot 9, Lot 8, Lot 7 and the tion; and South 10' of Lot 6, all In Marsh's Addi- Lot 1-1 of the Subdivision of Lot 150A tion; and and Lot 1-150 L H Langworthy's Addi- Lot 62 Marsh's Addition; and tion; and Lot 2-1 Siege Subdivision; and Lot 1-4 of the Subdivision of Lot 150A Lot 1-2-2-3 of the Subdivision of Lots 146 and Lot 1-150 L H Langworthy's Addi- and 146A L H Langworthy's Addition; tion. and (dd) North Peru Road Subarea of the dis- Lots 1-2-150, 1-2-2-150, and 1-150 Me- trict shall include the following de- chanic's Addition; and scribed properties: Lot 1 Runde Place; and Lot 1 of Fountain Hill Resubdivision; Lot 2 Runde Place; and and All that part of the Napier Street right of Lots 2 and 3, and Lot 1 of Lot 1 of Lot way lying east of the easterly right of 4, Lot 2 of Lot 1 of Lot 2 of Lot 4, and way line of Hempstead Street and lying Lot 2 of Lot 2 of Lot 4, all of the Sub - west of the northerly extension of the division of the South West'/4 of Sec - east line of Lot 125 in Mechanic's Addi- tion 1, Township 89 North, Range 2 tion; and East, of the 5th P.M., all in the City of Lot 125 Mechanic's Addition; and Dubuque, IA.; and Lot 124 Mechanic's Addition; and All that part of the easterly 33' of the Lot 123 Mechanic's Addition; and right of way of Peru Road lying south Page 535 of 1311 Book 154 Regular Session, December 16, 2024 449 of the northerly line of Lot 2 of Lot 2 Urban Renewal Plan Version 2022.1, of Lot 4 of the Subdivision of the the Quebecor Subarea, the Harrison South West'/4 of Section 1, Township Street Subarea, the Holy Ghost Subar- 89 North, Range 2 East, of the 511 ea, the Almond Street Subarea, the P.M. and its westerly extension, and North End Subarea, the University Av- lying north of the northerly line of enue Corridor Subarea, the West Lo- Emerald Acres No. 1 and its easterly cust Corridor Subarea, the Brewing and extension; and Malting Subarea, the 15th Street Sub - All that part of the right of way of Peru area, the Lower Kaufmann Subarea, Road lying south of the northerly line the North Peru Road Subarea, the Staf- of Emerald Acres No. 1 and its east- ford Street Subarea, and the Roosevelt erly extension and lying north of the Street Subarea each as described in easterly line of Lot 4A of Mineral Lot this Section. 322 and its northerly extension. (hh) Urban Renewal Plan shall mean the All in the City of Dubuque, IA. Amended and Restated Urban Renew- (ee) Stafford Street Subarea of the Dis- al Plan for the Greater Downtown Ur- trict shall include the following de- ban Renewal District, approved by scribed properties: Resolution No. 277-24 on September The Southeasterly 95.53 feet of Lot 17 3, 2024, as the same may be amended and the Southeasterly 95.53 feet of from time to time. Lot 3 of the Subdivision of Lot 18, Section 2: The taxes levied on the taxable both in "Dreibelbis Addition, Dubu- property in the Amended Project Area, legally que" in the City of Dubuque, IA., ac- described in Section 1 hereof, by and for the cording to the recorded Plat thereof benefit of the State of Iowa, City of Dubuque, All in the City of Dubuque, IA. County of Dubuque, Dubuque Community (ff) Roosevelt Street Subarea of the Dis- School District, and all other taxing districts trict shall include the following de- from and after the effective date of this Ordi- scribed properties: nance shall be divided as hereinafter in this Lots 6, 7, 8, and 9 in Block 1 of "River Ordinance provided. Front Subdivision No. 5" in the City of Section 3: Taxes. Dubuque, IA.; and (a) As to the Town Clock Subarea, that Lot 2 of Subdivision of Lot 1 of Lot 1 of portion of the taxes which would be Lot 1 in Block 1 of "Riverfront Subdi- produced by the rate at which the tax is vision No. 5", in the City of Dubuque, levied each year by or for each of the IA.; and taxing districts taxing property in the Lot 2 of Subdivision of Lot 1 of Lot 1 in Town Clock Subarea upon the total Block 1 of "Riverfront Subdivision No. sum of the assessed value of the taxa- 5", in the City of Dubuque, IA.; and ble property in the Town Clock Subarea Lot 2 of Subdivision of Lot 1 in Block 1 as shown on the assessment roll as of of "Riverfront Subdivision No. 5", in January 1, 1966, being the assessment the City of Dubuque, IA.; and roll last equalized prior to the date of Lot 5, in Block 1, in "River Front Subdi- the initial adoption of the Urban Re- vision No. 5" in the City of Dubuque, newal Plan for the Downtown Dubuque IA.. Urban Renewal Project, Iowa R-15, (gg) Amended Project Area shall mean shall be allocated to and when collect - the areas of the City of Dubuque, IA. ed be paid into the fund for the respec- included within the Town Clock Subar- tive taxing district as taxes by or for ea, the Old Main Subarea, the Town said taxing district into which all other Clock Expansion Subarea, the Upper property taxes are paid. The taxes so Main Subarea, the Ice Harbor Subarea determined shall be referred herein as A, the Ice Harbor Subarea B, the Ice the "base period taxes" for such Sub - Harbor Subarea C, the Warehouse area. Subarea, the South Main Subarea, the (b) As to the Old Main Subarea, base pe- South Port Subarea, the Cable Car riod taxes shall be computed in the Subarea, the Bluff Street Subarea, the same manner using the total assessed South Bluff Street Subarea, the Kerper value shown on the assessment roll as Boulevard Subarea, the Washington of January 1, 1993, being the assess - Neighborhood Subarea, the Industrial ment roll as of January 1 of the calen- Harbor Subarea, the East 71h Street dar year preceding the effective date of Subarea, the Chaplain Schmitt Subar- Ordinance No. 23-94. ea, the North Kerper Boulevard Subar- (c) As to the Town Clock Expansion ea but excluding those lots and parcels Subarea, base period taxes shall be removed by Amended and Restated computed in the same manner using Page 536 of 1311 Book 154 Regular Session, December 16, 2024 450 the total assessed value shown on the of January 1, 2008, being the first day assessment roll as of January 1, 1996, of the calendar year preceding the ef- being the assessment roll as of Janu- fective date of Ordinance 58-09. ary 1 of the calendar year preceding (1) As to the Bluff Street Subarea, base the effective date of Ordinance No. 67- period taxes shall be computed in the 97. same manner using the total assessed (d) As to the Upper Main Subarea, base value shown on the assessment roll as period taxes shall be computed in the of January 1, 2009, being the first day same manner using the total assessed of the calendar year preceding the ef- value shown on the assessment roll as fective date of Ordinance 51-10. of January 1, 2001, being the assess- (m) As to the South Bluff Street Subarea, ment roll as of January 1 of the calen- base period taxes shall be computed in dar year preceding the effective date of the same manner using the total as - Ordinance No. 26-02. sessed value shown on the assess- (e) As to the Ice Harbor Subarea A, base ment roll as of January 1, 2010, being period taxes shall be computed in the the first day of the calendar year pre - same manner using the total assessed ceding the effective date of Ordinance value shown on the assessment roll as 33-11. of January 1, 1988, being the assess- (n) As to the Kerper Boulevard Subarea, ment roll as of January 1 of the calen- base period taxes shall be computed in dar year preceding the effective date of the same manner using the total as - Ordinance No. 66-89. sessed value shown on the assess- (f) As to the Ice Harbor Subarea B, base ment roll as of January 1, 1993, being period taxes shall be computed in the the first day of the calendar year pre - same manner using the total assessed ceding the effective date of Ordinance value shown on the assessment roll as 43-94. of January 1, 1999, being the assess- (o) As to the Washington Neighborhood ment roll as of January 1 of the calen- Subarea, base period taxes shall be dar year preceding the effective date of computed in the same manner using Ordinance No. 97-00. the total assessed value shown on the (g) As to the Ice Harbor Subarea C, base assessment roll as of January 1, 2010, period taxes shall be computed in the being the first day of the calendar year same manner using the total assessed preceding the effective date of Ordi- value shown on the assessment roll as nance 33-11. of January 1, 2006, being the assess- p) As to the Industrial Harbor Subarea, ment roll as of January 1 of the calen- base period taxes shall be computed in dar year preceding the effective date of the same manner using the total as - Ordinance No. 20-07. sessed value shown on the assess- (h) As to the Warehouse Subarea, base ment roll as of January 1, 2010, being period taxes shall be computed in the the first day of the calendar year pre - same manner using the total assessed ceding the effective date of Ordinance value shown on the assessment roll as 33-11. of January 1, 2006, being the first day (q) As to the East 7'h Street Subarea, of the calendar year preceding the ef- base period taxes shall be computed in fective date of Ordinance No. 63-07. the same manner using the total as- (i) As to the South Main Subarea, base sessed value shown on the assess - period taxes shall be computed in the ment roll as of January 1, 1996, being same manner using the total assessed the first day of the calendar year pre - value shown on the assessment roll as ceding the effective date of Ordinance of January 1, 2006, being the first day 64-97. of the calendar year preceding the ef- (r) As to the Chaplain Schmitt Subarea, fective date of Ordinance No. 63-07. base period taxes shall be computed in Q) As to the South Port Subarea, base the same manner using the total as - period taxes shall be computed in the sessed value shown on the assess - same manner using the total assessed ment roll as of January 1, 2010, being value shown on the assessment roll as the first day of the calendar year pre - of January 1, 2007, being the first day ceding the effective date of Ordinance of the calendar year preceding the ef- 33-11. fective date of Ordinance No. 60-08. (s) As to the North Kerper Boulevard (k) As to the Cable Car Subarea, base Subarea, excluding those lots and par - period taxes shall be computed in the cels removed by Amended and Restat- same manner using the total assessed ed Urban Renewal Plan Version 2022.1 value shown on the assessment roll as now forming the Roosevelt Street Sub - Page 537 of 1311 Book 154 Regular Session, December 16, 2024 451 area, base period taxes shall be com- total assessed value shown on the as- puted in the same manner using the to- sessment roll as of January 1, 2007, tal assessed value shown on the as- being the first day of the calendar year sessment roll as of January 1, 2011, preceding the effective date of Ordi- being the first day of the calendar year nance 61-08. preceding the effective date of Ordi- (bb) As to the 15th Street Subarea, base nance 60-12. period taxes shall be computed in the (t) As to the Quebecor Subarea, base pe- same manner, using the total assessed riod taxes shall be computed in the value shown on the assessment roll as same manner using the total assessed of January 1, 2016, being the first day value shown on the assessment roll as of the calendar year preceding the ef- of January 1, 2001, being the first day fective date of Ordinance 6-17 and 6- of the calendar year preceding the ef- 17-A. fective date of Ordinance 88-02. (cc) As to the Lower Kaufmann Subarea, (u) As to the Harrison Street Subarea, base period taxes shall be computed in base period taxes shall be computed in the same manner, using the total as - the same manner, using the total as- sessed value shown on the assess- sessed value shown on the assess- ment roll as of January 1, 2016, being ment roll as of January 1, 2011, being the first day of the calendar year pre - the first day of the calendar year pre- ceding the effective date of Ordinance ceding the effective date of Ordinance 26-17. 60-12. (dd) As to the North Peru Road Subarea, (v) As to the Holy Ghost Subarea, base base period taxes shall be computed in period taxes shall be computed in the the same manner, using the total as - same manner, using the total assessed sessed value shown on the assess - value shown on the assessment roll as ment roll as of January 1, 2019, being of January 1, 2013, being the first day the first day of the calendar year pre - of the calendar year preceding the ef- ceding the effective date of Ordinance fective date of Ordinance 45-14. 20-20. (w) As to the Almond Street Subarea, (ee) As to the Stafford Street Subarea, base period taxes shall be computed in base period taxes shall be computed in the same manner, using the total as- the same manner, using the total as- sessed value shown on the assess- sessed value shown on the assess- ment roll as of January 1, 2013, being ment roll as of January 1, 2019, being the first day of the calendar year pre- the first day of the calendar year pre- ceding the effective date of Ordinance ceding the effective date of Ordinance 45-14. 41-20. (x) As to the North End Subarea, base (ff) As to the Roosevelt Street Subarea, period taxes shall be computed in the base period taxes shall be computed in same manner, using the total assessed the same manner, using the total as - value shown on the assessment roll as sessed value shown on the assess - of January 1, 2015, being the first day ment roll as of January 1, 2022, being of the calendar year preceding the ef- the first day of the calendar year pre- fective date of this Ordinance. ceding the effective date of Ordinance (y) As to the University Avenue Corridor 8-22. Subarea, base period taxes shall be Section 4: That portion of the taxes each computed in the same manner, using year in excess of the base period taxes for the the total assessed value shown on the Amended Project Area, determined for each assessment roll as of January 1, 2015, Subarea thereof as provided in Section 3 of being the first day of the calendar year this Ordinance, shall be allocated to and when preceding the effective date of this Or- collected be paid into the special tax increment dinance. fund previously established by the City of (z) As to the West Locust Corridor Sub- Dubuque to pay the principal of and interest on area, base period taxes shall be com- loans, monies advanced to, or indebtedness, puted in the same manner, using the whether funded, refunded, assumed or other - total assessed value shown on the as- wise, including bonds issued under authority of sessment roll as of January 1, 2015, Section 403.9 or Section 403.12 of the Code of being the first day of the calendar year Iowa, incurred by the City of Dubuque, IA. to preceding the effective date of this Or- finance or refinance, in whole or in part, urban dinance. renewal projects undertaken within the (aa) As to the Brewing and Malting Sub- Amended Project Area pursuant to the Urban area, base period taxes shall be com- Renewal Plan, except that taxes for the regular puted in the same manner, using the and voter -approved physical plant and equip - Page 538 of 1311 Book 154 Regular Session, December 16, 2024 452 ment 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 imposed under Sec- tion 346.27(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 as- sessed valuation of the taxable property in the Subareas of the Amended Project Area ex- ceeds the total assessed value of the taxable property in said Subareas shown by the as- sessment 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 districts 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 taxable 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 Ordinance are hereby repealed. The provi- sions of this Ordinance are intended and shall be construed so as to continue the division of taxes from property within the Amended Pro- ject Area under the provisions of Section 403.19 of the Code of Iowa, as authorized in Ordinance No. 52-24, as previously amended. In the event that any provision of this Ordi- nance shall be determined to be contrary to law it shall not affect other provisions or appli- cation 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 refer- ence to the Amended Project Area and the territory contained therein. Section 8: This Ordinance shall be in effect after its final passage, approval and publica- tion as provided by law. Passed and approved this 16th day of De- cember 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 9. Ordinance No. 53-24-A Correcting the Title of Ordinance No. 53-24: Motion by Rous- sell 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. Motion carried 7-0. Motion by Roussell for final consideration and passage of Ordinance No. 53-24-A Amending Ordinance No. 52-24-A, As Amend- ed, providing that General Property Taxes levied and collected each year on all property located within the Greater Downtown Urban Renewal District of the City of Dubuque, Coun- ty 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 Urban Renewal Plan for the Greater Downtown Urban Renew- al District, to correct the Title of Ord. No. 53-24 by adding the Hawthorne Street and Locust Street Subareas to the division of revenues. Seconded by Sprank. Motion carried 7-0. ORDINANCE NO. 53-24-A AMENDING ORDINANCE NO.52-24-A, AS AMENDED, PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COL- LECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE GREATER DOWN- TOWN URBAN RENEWAL 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 DUBU- QUE, DUBUQUE COMMUNITY SCHOOL DISTRICT, AND OTHER TAXING DIS- TRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND IN- TEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, IN- CURRED BY SAID CITY IN CONNECTION WITH THE AMENDED AND RESTATED UR- BAN RENEWAL PLAN FOR THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT, TO CORRECT THE TITLE OF ORD. NO. 53- 24 BY ADDING THE HAWTHORNE STREET AND LOCUST STREET SUBAREAS TO THE DIVISION OF REVENUES Whereas, the City Council of the City of Dubuque, IA. (the "City") has heretofore, in Ordinance No. 30-82, provided for the division of taxes within the original Downtown Dubuque Urban Renewal Project, Iowa R-15, described in Resolution No. 123-67 adopted on May 18, 1967, pursuant to Section 403.19 of the Code of Iowa; and Whereas, the Urban Renewal Plan for the original Downtown Dubuque Urban Renewal Project, Iowa R-15, subsequently has been amended on numerous occasions, growing Page 539 of 1311 Book 154 Regular Session, December 16, 2024 453 through expansion or merger with other exist- ing urban renewal districts, resulting in Bluff Street, Cable Car, Chaplain Schmitt, East 7th Street, Ice Harbor Subarea A, Ice Harbor Sub- area B, Ice Harbor Subarea C, Industrial Har- bor, Kerper Boulevard, Old Main, South Bluff, South Main, South Port, Town Clock, Town Clock Expansion, Upper Main, Warehouse, Washington Street, North Kerper Boulevard, Quebecor, Harrison Street, Holy Ghost, Al- mond Street, North End, West Locust Street Corridor, University Avenue Corridor, Brewing & Malting, 151h Street, Lower Kaufmann, North Peru Road, Stafford Street, Roosevelt Street, Hawthorne Street, and Locust Street Subareas being added to what is now known as the Amended and Restated Greater Downtown Urban Renewal District; and Whereas, consistent with the amendments to the Urban Renewal Plan, Ordinance No. 30- 82 subsequently was amended on numerous occasions to provide for the division of taxes within the Amended and Restated Greater Downtown Dubuque Urban Renewal District, most recently by Ordinance No. 53-24, creat- ing separate base valuations for the Bluff Street, Cable Car, Chaplain Schmitt, East 7th Street, Ice Harbor Subarea A, Ice Harbor Sub- area B, Ice Harbor Subarea C, Industrial Har- bor, Kerper Boulevard, Old Main, South Bluff, South Main, South Port, Town Clock, Town Clock Expansion, Upper Main, Warehouse, and Washington Street, North Kerper Boule- vard, Quebecor, Harrison Street, Holy Ghost, Almond Street, North End, West Locust Street Corridor, University Avenue Corridor, Brewing & Malting, 15t' Street Subarea, Lower Kauf- mann, North Peru Road, Stafford Street, Roo- sevelt Street, Hawthorne Street, and Locust Street Subareas; and Whereas, the Urban Renewal Plan for the Greater Downtown Urban Renewal District was further amended and restated as an Amended and Restated Urban Renewal Plan, pursuant to Resolution No. 278-24 approved on September 3, 2024, for the purpose of ex- panding the Greater Downtown Urban Renew- al District to include additional areas described as the Hawthorne Street and Locust Street Subareas; and Whereas, indebtedness has been incurred by the City, and additional indebtedness is anticipated to be incurred in the future, to fi- nance urban renewal project activities within the combined area known as the Greater Downtown Urban Renewal District (the "Greater Downtown Urban Renewal District"), and the continuing needs of redevelopment within the Greater Downtown Urban Renewal District are such as to require the continued application of the incremental tax resources within the expanded Greater Downtown Urban Renewal 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, IA., THAT: Ordinance No. 53-24 is hereby amended to read as follows: Section 1: For purposes of this Ordinance, the following terms shall have the following meanings: (a) Town Clock Subarea of the District shall include that area described as fol- lows: Beginning at the intersection of the north right-of-way line of Ninth Street with the east right-of-way line of Central Avenue; thence south along the east right-of-way line of Central Avenue to its intersection with the south right- of-way line of Fourth Street; thence west along the south right-of-way line of Fourth Street to its intersection with the west right-of-way line of Locust Street; thence north along the west right-of-way line of Locust Street to its intersection with the north right-of-way line of Ninth Street, but also including the adjacent City Lots 623 and 624 (Dubuque Museum of Art), the Locust Street Parking Ramp between 8th and 91h Streets and the former U.S. Federal Building located on City Lots 101, 102, 139, 140, and the N 54.5' of City Lots 103 & 138, and the vacated alley be- tween said lots; thence east along the north right-of-way line of Ninth Street to its intersection with the east right-of- way line of Central Avenue, and point of beginning, including all public rights - of -way. (b) Town Clock Expansion Subarea shall include the following described proper- ties: South 1/2 of City Lot 167, City Lot 168 and City Lot 168A (Iowa Inn prop- erty); and Lots 1 & 2 of City Lots 204, 205, 206, 207 and 208, N. 23' of City Lot 263, S. 28.5' of City Lot 263, N. 1/2 of City Lot 262, S. 1/2 of City Lot 262, N. 1/2 of City Lot 261 (Parking Lot Number 1), all in the City of Dubuque, IA. and any adjoining public right-of- way. (c) Old Main Subarea of the District shall include that area generally bounded on the North by Fourth Street, on the West by Locust Street, on the South by the Locust Street Connector and on the East by the U.S. Highway 151/61 right- of-way, including all public rights -of - way. (d) Upper Main Subarea of the District shall include that area generally bounded on the North by Fourteenth Page 540 of 1311 Book 154 Regular Session, December 16, 2024 454 Street, on the West by Locust Street of Central Avenue; Thence northwest - but including City Lots658A, 659, 660, erly along the centerline of Central Av- and the balance of City Lots 658 (Car- enue to a point of intersection with the negie-Stout Public Library), on the centerline of 9th Street; Thence south - South by the northerly boundary of the westerly along the centerline of 9th Town Clock Subarea and on the East Street to a point of intersection with the by Central Avenue and including all westerly line of City Lot 259 extended public rights -of -way. southerly; Thence northwesterly along (e ) Ice Harbor Subarea A of the District the westerly line of City Lot 259, and shall include that area generally Lots 1 and 2 of the Subdivision of the bounded on the north by the public al- South '/2 of City Lot 261 and City Lot ley located between the vacated Fourth 260 to the southwest corner of the N '/2 Street and Third Street, on the west by of City Lot 261; Thence northeasterly the Chicago, Central and Pacific Rail- along the southerly line of the N '/2 of road right-of-way, on the south by East City Lot 261 and extension thereof to a First Street and on the east by the mu- point of intersection with the centerline nicipal limits of the City of Dubuque, IA. of Central Avenue; Thence northwest - and including any adjoining public right- erly along the centerline of Central Av- of-way. enue to a point of intersection of 11 th (f) Ice Harbor Subarea B of the District Street also being point of beginning. shall include that area generally (i) South Main Subarea of the District bounded on the north and west by the shall include that area generally Chicago, Central and Pacific Railroad bounded by the following description: right-of-way, on the south by the nor- Commencing as a point of reference at therly boundary of Subarea A and on a point of intersection of the centerline the east by the municipal limits of the of Locust Street with the Locust Street City of Dubuque including any adjoining Connector in the City of Dubuque, public right-of-way. Dubuque County, IA., said point being (g) Ice Harbor Subarea C of the District the point of beginning; Thence north - shall include Lot 1-2 and Lot 2-2 of Ad- easterly along the centerline of the Lo- ams Company's 4th Addition, and all cust Street Connector to a point of in - that part of Lot 2-1 of Adams Compa- tersection with the centerline of US ny's 4th Addition lying west of the nor- Highways 52, 61, and 151; Thence therly extension of the westerly line of southeasterly along the centerline of the Balance of Lot 3 of Adams Compa- US Highways 52, 61, and 151 to a ny's 2nd Addition, in the City of Dubu- point of intersection with the centerline que, IA. including any adjoining public of the eastern section of Jones Street right-of-way. extended southwesterly; Thence (h) Warehouse Subarea of the District southwesterly along said extension of shall include that area generally the centerline of the eastern section of bounded by the following description: Jones Street to a point of intersection Commencing as a point of reference at with the centerline of Main Street; the intersection of the centerlines of Thence northwesterly along the center- 11th Street and Central Avenue in the line of Main Street to a point of inter - City of Dubuque, Dubuque County, IA., section with the centerline of Jones said point being the point of beginning; Street; Thence northwesterly along the Thence northeasterly along the center- centerline of Jones Street to a point of line of 11t' Street to a point of intersec- intersection with the easterly line of Lot tion with the centerline of White Street; 2D of vacated Shields Street extended Thence northwesterly along the center- northerly; Thence southeasterly along line of White Street to a point of inter- the easterly line of Lot 2D of vacated section with the centerline of 12th Shields Street to the southeasterly cor- Street; Thence northeasterly along the ner of said Lot 2D; Thence southwest - centerline of 12th Street and extension erly along the southerly lines of Lot A thereof to a point of intersection with and Lot 2D of vacated Shields Street the centerline of US Highways 151 and and Lot 1 of 2 of City Lot 543 extended 61; Thence southwesterly along the westerly to a point of intersection with centerline of US Highways 151 and 61 the centerline of Locust Street; Thence to a point of intersection with the cen- northeasterly along the centerline of terline of 4th Street extended; Thence Locust Street to a point of intersection southwesterly along the centerline of with the centerline of the Second Street 4th Street and extension thereof to a Connector, also being the point of be - point of intersection with the centerline ginning. Page 541 of 1311 Book 154 Regular Session, December 16, 2024 455 Q) South Port Subarea of the District shall No. 4 extended to the westerly right of include that area generally bounded by way line of Harrison St.; Thence nor - the following description: Beginning at therly along the easterly line of Lot 3 of a point of reference at the northwest Raymond Baumhover Subdivision to corner of Lot 2 of AA Cooper Wagon the northeast corner of said Lot 3, Works Block in the City of Dubuque, thence westerly along the northerly line Dubuque County Iowa, said point being of said Lot 3 and westerly extension on the southerly right of way line of thereof to the centerline of relocated East First Street; Thence southeasterly South Locust St; Thence northerly along the southerly right of line of East along said centerline to the centerline First Street and extension thereof to the of Dodge St; Thence easterly along municipal limits of the City of Dubuque; said centerline of Dodge Street to a Thence southerly along said municipal point of intersection with the westerly limits to a point of intersection with the line of Lot E of vacated Shields Street southern right of way line of Railroad extended southerly; Thence northerly Ave. extended easterly; Thence south- along said westerly line to the north- westerly along said right of way line ex- west corner of said lot E; Thence east - tension there to the southeast corner of erly along the north line of said lot E Lot A, Block 15 Dubuque Harbor Com- and Lot 6 Block 11 of Dubuque Harbor pany's Addition; Thence northwesterly Company's Addition and extension along the easterly line of said Lot A to thereof to the centerline of Main Street; the northerly right of way line of Rail- Thence southeasterly along the center - road Ave., and south line of lot 1 of 5 of line of Main St. to the centerline of Block 27 Dubuque Harbor Company's Dodge Street; Thence easterly along Addition; Thence northwesterly along the centerline of Dodge St to the inter - the westerly lines of lots 1 of 5, 1 of 4, 1 section of Highway 61/151; Thence of 3, 1 of 2 and 1 of 1 of said Block 27 northwesterly along said centerline to a to the south line of lot 4A of said Block point of intersection with the southerly 17; Thence westerly to the easterly right of way line of East First Street; right of way line of vacated Water Thence southeasterly along said right Street; Thence northwesterly along of way line to the point of beginning. said easterly line to the southwesterly (k) Cable Car Subarea of the District corner of lot 2 of said Block 17; Thence shall include that area generally westerly along the extension of the bounded by the following description: southerly line of said Lot 2 to the west- Commencing as a point of reference at erly line of Vacated Water Street; the intersection of the centerlines of Thence northerly along said westerly Second Street and Locust Street in the right of way line to the southerly corner City of Dubuque, Dubuque County, IA., of Lot 2 of Block 18 of Dubuque Harbor said point being the point of beginning; Company's Addition; Thence north- Thence southeasterly along the center - westerly along the westerly line of said line of Locust Street to a point of inter - Lot 2 to a point of intersection with the section with the centerline of First southerly right of way line of vacated Street; Thence southwesterly along the Charter St; Thence southwesterly along centerline of First Street to a point of in - said right of way line and extension tersection with the centerline of Bluff thereof the centerline of South Main Street; Thence northwesterly along the Street; Thence northwesterly along centerline of Bluff Street to a point of in - said centerline to the northerly line of tersection with the centerline of Emmett Lot 5, Block 13 Dubuque Harbor Com- Street; Thence southwesterly along the pany's Addition extended northeasterly; centerline of Emmett Street to a point Thence southwesterly along said line to of intersection with the centerline of St. the easterly line of Lots 7 and 8 of said Mary's Street; Thence northwesterly Block 13; Thence southeasterly along along the centerline of St. Mary's Street the easterly lines of said Lots 7 & 8 and and to a point of intersection with the extension thereof to the centerline of northerly line of Cathedral Center ex - Charter Street; Thence southwesterly tended southwesterly; Thence north - along said centerline to the centerline easterly along the northerly line of Ca - of Salina Street; Thence northwesterly thedral Center to a point of intersection along said centerline to the northerly with the westerly right of way line of line of Lot 1 of Harrison Street Place Bluff Street; Thence northwesterly No. 4 extended northeasterly; Thence along said westerly right of way line of southwesterly along the northerly lines Bluff Street and extension thereof to a of said Lot 1 of Harrison Street Place point of intersection with the centerline Page 542 of 1311 Book 154 Regular Session, December 16, 2024 456 of Third Street; Thence southwesterly of Locust Street; Thence southeasterly along the centerline of Third Street to a along the centerline of Locust Street to point of intersection with the westerly a point of intersection with the center- line of Lot 1 of the East 78 ft. of the line of Second Street, said point being South 100 ft. of Lot 4 of City Lot 692 the point of beginning. extended southerly; Thence northwest- (1) Bluff Street Subarea of the District erly along said westerly line to a point shall include that area generally of intersection with the southerly line of bounded by the following description: Fenelon Point Subdivision; Thence Commencing as a point of reference at northeasterly along said southerly line the intersection of the centerlines of W. to a point of intersection with the west- Sixth Street and Bluff Street in the City erly line of Lot 2 of 2 of City Lot of Dubuque, Dubuque County, IA., said 692;Thence northwesterly along said point being the point of beginning; westerly line and westerly line of Lot 1 thence southeasterly along the center - of 2 of City Lot 692 to a point of inter- line of Bluff Street to a point of intersec- section with the southerly right of way tion with the northerly line of the south line of W. Fourth Street; Thence north- 62.5 ft. of the north 64 ft. of City Lot easterly across W. Fourth Street to the 617 extended southeasterly; thence southwest corner of Lot 1 of Evan's southwesterly along said northerly line Place, said point also being on the nor- to the easterly line of Lot 1 of City Lot therly right of way line of W. Fourth 690; thence northwesterly along the Street; Thence northwesterly along the easterly line of said Lot 1 to the north- west line of said Lot 1 to the southeast east corner of said Lot 1; thence corner of Lot 34 of Cooper Heights Ad- southwesterly along the northerly line dition; Thence continuing northwesterly of said Lot 1 to the northwest corner of along the easterly line of Lots 34, 35, said Lot 1; thence southeasterly along 36 and 37 of Cooper Heights Addition the westerly line of said Lot 1 to a point to a point of intersection with the of intersection with northerly right of southerly right of way line of W. Fifth way line of W. Fifth Street; thence Street; Thence northeasterly to a point southwesterly along said right of way of intersection in the centerline of W. line of W. Fifth St. to the southeast cor- Fifth Street approximately 270 feet ner of the South 73' of Lot 13 of Cori - southwesterly of the centerline of Bluff ell's Dubuque; thence northwesterly 73' Street; Thence northwesterly along the along the easterly line of said South 73' centerline of W. Fifth Street to a point of Lot 13 of Coriell's Dubuque to the of intersection with the southerly line of northeast corner of the South 73' of Lot Coriell's Dubuque also being the nor- 13 of Coriell's Dubuque; thence south- therly right of way line of W. Fifth westerly along the northerly line of said Street; Thence northeasterly along said South 73' of Lot 13 of Coriell's Dubu- right of way line of W. Fifth St. to the que to a point of intersection with west- southwest corner of Lot 1 of City Lot erly line of Lot 13 of Coriell's Dubuque; 690;Thence northwesterly along the thence northwesterly along said west - westerly line of said Lot 1 to the north- erly line of Lot 13 to a point of intersec- west corner of said Lot 1;Thence tion with the southerly line of Lot 33 of northeasterly along the northerly line of Coriell's Dubuque; thence northeasterly said Lot 1 to the northeast corner of along said southerly line of Lot 33 to a said Lot 1;Thence southeasterly along point of intersection with the westerly the easterly line of said Lot 1 to a point line of Lot 14 of Coriell's Dubuque' of intersection with the northerly line of thence northwesterly along said west - the south 62.5 ft. of the north 64 ft. of erly line of said Lot 14 to a point of in - City lot 617;Thence northeasterly along tersection with the southerly line of Lot said northerly line and extension there- 34 of Coriell's Dubuque; thence north - of to a point of intersection with the easterly along said southerly line of Lot centerline of Bluff Street; Thence 34 to the easterly line of Coriell's southeasterly along the centerline of Dubuque; thence northwesterly along Bluff Street to a point of intersection said easterly line Lots 34, 35, 36, 37, with the northerly line of the south 10 ft. 38, and 44 of Coriell's Dubuque to the of City Lot 138 extended southwesterly; northwest corner of the North 50' of Lot Thence northeasterly along said nor- 1 of Lot 1 of City Lot 653; thence north- therly line and northerly line of the easterly along the northerly line of said south 10 ft. of the south 34.6 ft. of City North 50' of Lot 1 of Lot 1 of City Lot Lot 103 and extension thereof to a 653 to the southeast corner of Lot 1 of point of intersection with the centerline McKinlay's Subdivision; thence north - Page 543 of 1311 Book 154 Regular Session, December 16, 2024 457 westerly along said easterly line of said southwesterly along the southerly line Lot 1 and extension thereof to a point of said Lot 3 to the southwest corner of of intersection with the centerline of said lot; thence northwesterly along the West Eighth Street; thence northwest- westerly line of said Lot 3 and exten- erly along said centerline of West sion thereof to a point of intersection Eighth Street to a point of intersection with the centerline of Loras Boulevard; with the westerly line of Lot 1 of the thence northeasterly along said center- Subd'n. of City Lot 688 and part of City line to a point of intersection with the Lot 654 extended southerly; thence centerline of Locust Street; thence northwesterly along said westerly line southeasterly along the centerline of of Lot 1 and extension thereof northerly Locust Street to a point of intersection to a point of intersection with the cen- with the centerline of W. Eleventh terline of West Ninth Street; thence Street; thence southwesterly along the southwesterly along the centerline of centerline of W. Eleventh Street to a West Ninth Street to a point of intersec- point of intersection with the centerline tion with the southerly extension of the of Bluff Street; thence southeasterly westerly line of Lot 2 of Lot 12 of Cen- along the centerline of Bluff Street to a tral Addition; thence northwesterly point of intersection with the extension along said westerly right of Lot 2 of Lot of the southerly line of City Lot 658A; 12 to the northwest corner of said Lot; thence northeasterly along the souther - thence northeasterly along the norther- ly line of City Lot 658A extended and ly line of said Lot 2 of Lot 12 to the the southerly line of City Lot 658, ex - northeast corner of said Lot; thence cept the southerly one foot thereof, ex - southeasterly along said easterly line of tended to a point of intersection with said Lot 2 of Lot 12 to the southwest the centerline of Locust Street; thence corner of Lot 1 of Lot 11 of Central Ad- southeasterly along the centerline of dition; thence northeasterly along the Locust Street to a point of intersection southerly line of Lot 1 of Lot 11 and Lot with the centerline of West Ninth Street; 1 of Lot 10 of Central Addition to a thence southwesterly along the center - point of intersection with the westerly line of West Ninth Street to a point of line of Lot 1 of Lot 9 of Central Addition; intersection with the centerline of Bluff thence northwesterly along said west- Street; thence southeasterly along the erly line of Lot 1 of Lot 9 to a point of in- centerline of Bluff Street to a point of in- tersection with the southerly right of tersection with the centerline of West way line of a public alley in Central Ad- Eighth Street; thence northeasterly dition; thence northeasterly along said along the centerline of West Eighth southerly line to a point of intersection Street to a point of intersection with the with the westerly line of Lot 1 of 1 of 10 centerline of Locust Street; thence of Lorimer's Subdivision; thence north- southeasterly along the centerline of westerly along said westerly line of said Locust Street to a point of intersection Lot 1 of 1 of 10 to the northerly line of with the northerly line of City Lot 624 Lorimer's Subdivision; thence north- extended northeasterly; thence south- easterly along the northerly line of Lor- westerly along the northerly line of City imer's Subdivision to the southeast Lot 624 extended southeasterly to the corner of a public alley between Cork- centerline of a public alley; thence ery's Subdivision and City Lot 655; southeasterly along the centerline of a thence northwesterly along the easterly public alley to a point of intersection right of way line of said alley to a point with the centerline of W. Seventh of intersection with West Eleventh Street; thence northeasterly along the Street; thence southwesterly along cen- centerline of W. Seventh Street to a terline of West Eleventh Street to a point of intersection with Locust Street; point of intersection with the centerline thence southeasterly along the center - of Grove Terrace; thence northwesterly line of Locust Street to a point of inter - along centerline of Grove Terrace to a section with West Sixth Street; thence point of intersection with the northerly southwesterly along the centerline of right of way line of Arlington Street; West Sixth Street to a point of intersec- thence northeasterly along the norther- tion with Bluff Street said point being ly right of way line of Arlington Street to the point of beginning. the southeast corner of City Lot 769B; (m) South Bluff Street Subarea of the dis- thence northwesterly along the easterly trict shall include that area generally line of said City Lot 769B to a point of bounded by the following description: intersection with the southerly line of Commencing as a point of reference at Lot 3 of Brown's Subdivision; thence the intersection of the centerlines of Page 544 of 1311 Book 154 Regular Session, December 16, 2024 458 Emmett Street and Bluff Street in the 2-3 of City Lot 667; Thence northwest - City of Dubuque, Dubuque County, IA., erly along the westerly line of said Lot said point being the point of beginning; 2-3; Thence northeasterly along the thence southeasterly along the center- northerly line of said Lot 2-3 to a point line of Bluff Street to a point of intersec- of intersection with the southeasterly tion with the centerline W. First Street; line of Lot 1-3 of City Lot 667; Thence thence southwesterly along the center- northeasterly along the said southeast - line W. First Street to the centerline of erly line to the northeast corner of said Bluff Street; thence southwesterly Lot 1-3; Thence southwesterly along along the centerline of Bluff Street to a the northerly line of said Lot 1-3 to a point of intersection with the centerline appoint of intersection with the easterly Dodge Street; thence southwesterly right of way line of Montrose Terrace; along the centerline Dodge Street to a Thence northwesterly along said the point of intersection with the easterly easterly right of way line to a point of line of Lot 3 of City Lot 694 extended intersection with the easterly right of southeasterly; thence northwesterly way line of a public alley between D. N. along the easterly line of said Lot 3 of Cooley's Subdivision and Fairview City Lot 694 and Lot 1-1 and 2-1 of City Subdivision; Thence continuing north - Lot 694 to the southwest corner of Lot westerly along said the easterly alley 1-2 of City Lot 694; thence northeaster- line to a point of intersection with the ly along said southerly line of said Lot southerly right of way line of W. 17th 1-2 of City Lot 694 to the southeast Street; Thence northwesterly crossing corner of said Lot; thence northwesterly W. 17th St. to the most easterly corner along said easterly line of Lot 1-2 of of Lot 2-1-1-2 of City Lot 670, said point City Lot 694 to a point of intersection being at the point of intersection of the with the southerly line of Lot 12 of Saint north right of way of W. 17th St. and Raphael's Addition; thence northeaster- westerly right of way line of W. Locust ly along said southerly line of said Lot St.; Thence southwesterly along the 12 and extension thereof to the center- north right of way of W. 17th St. to line of St. Mary's Street; thence north- southeast corner of Lot 1-2-2 of City westerly along the centerline of St. Lot 670; Thence northwesterly along Mary's Street to a point of intersection the easterly lines of Lot 1-2-2 and Lot with the centerline of Emmett St.; 2-2-2 of City Lot 670 to a point of inter - thence northeasterly along the center- section with the southerly right of way line of Emmett St. to centerline of Bluff line of Clark St.; Thence northwesterly Street, said point being point of begin- crossing Clark St. to the southeasterly ning. corner of Welsh Place; Thence north- (n) Kerper Boulevard Subarea of the dis- westerly along the easterly line of said trict shall include the following de- Welsh Place to the northeast corner scribed properties: Lot 1-2, Lot 2-2, Lot thereof; Thence southwesterly along 2A, Lot 3 and Lot 6 all in Kerper Indus- the northerly line of said Welsh Place to trial Park in the City of Dubuque, a point of intersection with the easterly Dubuque County, IA., also including the right of way line of a public alley along entire right of way of Kerper Court and the westerly side of A. L. Bowen's Sub - the westerly portion of Kerper Boule- division; Thence northwesterly along vard right of way from the abutting said easterly right of way line to a point Kerper Court right of way and Lot 3 of of intersection with the southerly right Kerper Industrial Park to the centerline of way line of Angella Street; Thence of Kerper Boulevard. southwesterly along said southerly right (o) Washington Neighborhood Subarea of way line to the northeast corner of of the district shall include that area Lot 12 of Gilliam's Subdivision; Thence generally bounded by the following de- northwesterly crossing Angella St. to scription: Commencing as a point of the most southerly corner of Lot 1 of reference at the intersection of the cen- Gilliam's Subdivision said point being terlines of Central Avenue and Loras on the northerly right of way line of An - Boulevard in the City of Dubuque, gella St.; Thence northwesterly along Dubuque County, IA., said point being the westerly line of said Lot 1 to a point the point of beginning; Thence south- of intersection with the southerly line of westerly along the centerline of Loras Lot 2 of Alvin Haas Place; Thence Boulevard to a point of intersection with southwesterly along the southerly line the westerly line of Lot 3 of Brown's of Lot 1 and Lot 2 of Alvin Haas Place Subdivision extended northerly; Thence and the southerly line of the Westerly northerly to the southwest corner of Lot 40 feet of Lot 3 of Quigley's Subdivision Page 545 of 1311 Book 154 Regular Session, December 16, 2024 459 of Out Lot 710 to the most easterly cor- Subdivision; Thence northeasterly ner of Lot 24 of Quigley's Subdivision along said southerly line and southerly of Out Lot 710; Thence westerly along line of Lot 1 and Lot 2 of M. A. Reb- the southerly boundary of Lots 4 man's Subdivision and extension through Lots 15 of Quigley's Subdivi- thereof to a point of intersection with sion Out Lot 710 and the southerly line the easterly right of way line of Heeb of Lots 9A, 10 and 11 of Quigley's Street; Thence northwesterly along Subdivision Out Lot 711 to a point of in- said easterly right of way line to a point tersection with the easterly right of way of intersection with the northerly right of line of Pierce Street; Thence northerly way line of Clarke Drive; Thence along said easterly right of way line and northwesterly along said northerly right extension thereof to a point of intersec- of way line to a point of intersection tion with the northerly right of way line with the easterly right of way line of of W. Locust Street; Thence easterly Heeb Street lying between Central Av- along said northerly right of way line to enue and Shelby Street; Thence the easterly right of way line of Foye northwesterly along said easterly right Street; Thence northerly along said of way line to a point of intersection easterly right of way line to a point of with the southerly right of way line of intersection with the southerly right of Kaufmann Avenue; Thence easterly way line of a public alley lying between along said southerly right of way line to Almond and W. Locust Sts.; Thence a point of intersection with the southerly easterly along said southerly right of extension of the easterly right of way way line to a point of intersection with line of a public alley lying between Cen- the westerly right of way line of Ellis tral Ave. and Francis Street; Thence Street; Thence southeasterly along northwesterly along said easterly right said westerly right of way line to a point of way line to a point of intersection of intersection with the northerly right of with the southerly right of way line of way line of W. Locust Street; Thence W. 23rd Street; Thence southwesterly southeasterly crossing Ellis St. to a along said southerly right of way line to point of intersection with the easterly the northwest corner of the East One - right of way line of Ellis St. at the Half of Lot 11 of Tivoli Addition; Thence southerly right of way line of Dorgan northwesterly crossing W. 23rd St. to Place; Thence easterly along said the southwesterly corner of Lot 1 of Va- southerly right of way line of Dorgan leria Place No. 2; Thence northwesterly Place to the northeast corner of Lot 1A along the westerly line of said Lot 1 to a of Dorgan's Subdivision No. 2; Thence point of intersection with the southerly easterly crossing Dorgan Place to the line of Lot 2 of said Valeria Sub. No. 2; southwest corner of Lot 5-2 of City Lot Thence southwesterly along the south- 673; Thence northerly along the west- erly line of said Lot 2 to the southwest erly line of said Lot 5-2 to the northwest corner thereof; Thence northwesterly corner thereof; Thence easterly along along the westerly line of said Lot 2 to a the northerly line of said Lot 5-2 to a point of intersection with the southerly point of intersection with the westerly line of Lot 2-1 of Valeria Place; Thence right of way line of Madison Street; northeasterly along said southerly line Thence easterly crossing Madison St. to the southeasterly corner of said Lot to the most westerly corner of Lot A-2-1 2-1; Thence northwesterly along the of City Lot 674, said point being on the easterly line of said Lot 2-1 the north- easterly right of way line of Madison St. east corner thereof, said point also be - Thence easterly along the northerly line ing the southeasterly right of way line of of said Lot A-2-1 to a point of intersec- Carr St.; Thence northwesterly along tion with the easterly right of way line of the easterly right of way line of Carr St. Main Street; Thence northerly along to a point of intersection with the said easterly right of way line to the southerly right of way line of W. 24th northwest corner of Lot 2-1 of City Lot Street; Thence northeasterly along said 674; Thence easterly and continuing southerly right of way line to a point of northeasterly along the northerly lines intersection with the southerly exten- of Lot 2-1, Lot 2-2, Lot 2-1-3, Lot 1-2-3 sion of the easterly right of way line of all of the subdivision of City Lot 674 to Division Street; Thence northwesterly a point of intersection with the westerly along said easterly right of way line to line of Lot 4 of City Lot 674; Thence the northwest corner of Lot 8 of Wull- northwesterly along said westerly line Weber's Subdivision; Thence south - to a point of intersection with the westerly along the southerly line of southerly line of Lot 1-1-2 of Duncan's John King's Subdivision to the south - Page 546 of 1311 Book 154 Regular Session, December 16, 2024 460 west corner of the West 33.98 feet of and extension thereof to a point of in - Lot 1-6 of John King's Subdivision; tersection with the southerly right of Thence northwesterly along the wester- way line of Garfield Avenue; Thence ly line of the West 33.98 feet of Lot 1-6 southwesterly along said southerly right of John King's Subdivision to the of way line to a point of intersection northwest corner thereof; Thence with the centerline of Stafford Street ex - northeasterly along the northerly line of tended southeasterly; Thence south - said West 33.98 feet to the southwest easterly along the centerline of Stafford corner of Lot 1 of the East 329.98 feet Street extended to a point of intersec- of Lot 8 of John King's Subdivision; tion with the northwesterly line of Lot 2- Thence northwesterly along the wester- 2 of Kerper Industrial Park; Thence ly line of said Lot 1 to a point of inter- southwesterly along said northwesterly section with the southerly line of the line of Lot 1-2 of Kerper Industrial Park NE1/4 of said Lot 8; Thence south- to the northernmost point of Lot 1 of westerly along said southerly line to the Kerper Industrial Park; Thence south- southwest corner of said NE1/4 of Lot westerly along the westerly line of said 8; Thence northwesterly along the Lot 1 to a point of intersection with the westerly lines of the NE1/4 of Lot 8, the northerly right of way line of E. 16th SE1/4 of Lot 10, the NE1/4 Lot 10 and Street; Thence southwesterly along the E1/2 of Lot 12 all in John King's said northerly right of way line to the Subdivision to the northwest corner of easterly right of way line of Pine Street; said E1/2 of Lot 12; Thence northeast- Thence southeasterly crossing E. 16th erly along the northerly line of said E1/2 Street along said easterly right of way of Lot 12 to the southwest corner of Lot of Pine St. extended to a point of inter- 1-1-1 of the E1/2 of Lot 14 in John section with the southerly right of way King's Subdivision; Thence northwest- line of E. 16th St.; Thence southwester- erly along the westerly lines of Lot 1-1- ly along said southerly right of way line 1 of the E1/2 of Lot 14 John King's to a point of intersection with the east - Subdivision to the northwest corner erly right of way line of Elm Street; thereof; Thence northeasterly along the Thence southeasterly along said east - northerly line of said Lot 1-1-1 to a erly right of way line to a point of inter - point of intersection with the westerly section with the northerly right of way right of way line of Central Avenue; line of E. 15th Street; Thence south - Thence northeasterly crossing Central westerly along said northerly right of Avenue to a point of intersection of the way line to a point of intersection with easterly right of way line of Central Av- the westerly right of way line of Elm enue and the northerly right of way line Street; Thence southeasterly along of E. 251h Street; Thence northeasterly said westerly right of way of Elm Street along said northerly right of way line and extension thereof to a point of in - and extension thereof to a point of in- tersection with the centerline of E. 12th tersection with the easterly right of way Street; Thence southwesterly along the line of Elm Street; Thence southeaster- said centerline of E. 12th Street to a ly along said easterly right of way line point of intersection with the centerline to a point of intersection with the nor- of White Street; Thence southeasterly therly right of way line of E. 24th Street; along said centerline of White Street to Thence northeasterly along said nor- a point of interjection with the centerline therly right of way line and extension of E. 11th Street; Thence southwesterly thereof to a point of intersection with along said centerline of E. 11th Street to the easterly right of way line of Windsor a point of intersection with the center - Avenue; Thence southeasterly along line of Central Avenue; Thence north - said easterly right of way line to a point westerly along said centerline of Cen- of intersection with the northerly right of tral Avenue to a point of intersection way line of E. 22"d Street; Thence with the centerline of Loras Boulevard, northeasterly along said northerly right said point being the point of beginning. of way line to a point of intersection (p) Industrial Harbor Subarea of the dis- with the westerly right of way line of trict shall include that area generally Stafford Street; Thence northeasterly bounded by the following description: crossing Stafford Street to a point of in- Commencing as a point of reference at tersection of the easterly right of way the intersection of the centerline of E. line of Stafford Street and the northerly 12th Street and the westerly right of way right of way line of Thomas Place; of Elm Street extended southeasterly, Thence southeasterly along said east- in the City of Dubuque, Dubuque Coun- erly right of way line of Stafford Street ty, IA., said point being the point of be - Page 547 of 1311 Book 154 Regular Session, December 16, 2024 461 ginning; Thence northwesterly along ing on the easterly right of way line of said westerly right of way line of Elm Kerper Blvd.; Thence southeasterly Street and extension thereof to a point along said easterly right of way line to a of intersection with the northerly right of point of intersection with the northerly way line of E. Fifteenth Street; Thence right of way line of E. 16th Street; northeasterly along said northerly right Thence southeasterly crossing E. 16th of way line to a point of intersection Street to a point of intersection of the with the westerly right of way line of a south right of way line of E. 16th St. and public alley lying between Pine Street the east right of way line of Kerper and Maple Street; Thence northwester- Blvd.; Thence northeasterly along the ly along said westerly right of way line southerly right of way line of E. 16th St. to the northeast corner of the North 35 to a point of intersection with the west - feet of Lot 255 in East Dubuque Addi- erly shore of Peosta Channel; Thence tion # 2; Thence southwesterly along southeasterly continuing along the the northwesterly line of said Lot to a westerly shore of Mississippi River ad - point of intersection with the easterly jacent to the following: Kerper Blvd., right of way line of Pine Street; Thence River Front Subdivision No. 2, Part of northwesterly along said easterly right Government Lot 3, Section 19, T89N, of way line and extension thereof to the R3E, 5th P.M., Parts of Congressional northerly right of way line of E. 16th Lot 8 in Section 19, T89N, R3E, 5th Street; Thence northeasterly along said P.M, Dubuque Harbor Improvement northerly right of way line to the south- Company's Addition, and River Front west corner of Lot 1 of Kerper Industrial Subdivision No. 1, to a point of inter - Park; Thence northwesterly and con- section with the northerly line of Ice tinuing northeasterly along the westerly Harbor Urban Renewal Subarea B, de - line of said Lot 1 to the most northerly scribed as "that area generally bound - corner thereof; Thence southwesterly ed on the north and west by the Chica- along the westerly lines of Lot 1-2 and go, Central and Pacific Railroad right - Lot 2A of Kerper Industrial Park to the of -way, on the south by the northerly southwest corner of said Lot 2A; boundary of Subarea A and on the east Thence northeasterly along the south- by the municipal limits of the City of erly line of said Lot 2A to the southeast Dubuque including any adjoining public corner thereof; Thence northwesterly right-of-way; Thence northwesterly and along the easterly line of said Lot 2A to continuing southwesterly along the nor - the southwest corner of Lot 6 of Kerper therly and westerly sides of Ice Harbor Industrial Park; Thence northeasterly Urban Renewal District Subarea B to a along the southerly line of said Lot 6 to point of intersection with the southerly the southeast corner thereof; Thence right of way line of E. 4th street; Thence northwesterly along the easterly line of southwesterly along said southerly right said Lot 6 to the northeast corner of way line to a point of intersection thereof and point of intersection with with the centerline of U.S. Highways the southerly right of way line of Kerper 61/151; Thence northeasterly along Court; Thence northeasterly along said said centerline to a point of intersection southerly right of way line and exten- with the centerline of E. 12th Street; sion thereof to a point of intersection Thence southwesterly along said cen- with the centerline of Kerper Blvd; terline to a point of intersection with the Thence northwesterly along said cen- westerly right of way line of Elm St. ex- terline to a point of intersection with the tended, said point being the point of northerly line of Lot 3 of Kerper Indus- beginning; Excepting therefrom, the trial Park extended easterly; Thence East 7th Street Subarea. northwesterly along said extended line (q) East 7th Street Subarea of the district to the northeast corner of said Lot 3, shall include the following described said point also being on the westerly properties: Block 13 Lot 1 of Lot 4, Lot right of way line of Kerper Blvd.; 1 of Lot 5, Lot 1 of Lot 6, and Lots 7, 8, Thence northerly along said right of 9, 10, 11, 12, 13 and 14; and Block 16 way line to a point of intersection with Lots 1, 2, 3, 4 and 5; and Block 17 Lots the northeasterly right of way line of A, B, C, D, E, F, Lots 1, 2, 3, 4, 5, 6, 7, Fengler St.; Thence southeasterly 8, 9, 10, 11, 12, 13, 14, and 15, Lot 1 of along the extension of said northeaster- Lot 16, Lot 1 of Lot 1 of Lot 17, Lot 2 of ly right of way line crossing Kerper Lot 1 of Lot 18, Lot 2 of Lot 20, Lot 2 of Blvd. to a point of intersection with the Lot 21, Lot 2 of Lot 22, Lot 2 of Lot 23, westerly line of Lot 1A of Block 7 River Lot 2 of Lot 24, Lot 2 of Lot 25, Lot 2 of Front Subdivision No. 3, said point be- Lot 26, Lot 2 of Lot 27, Lot 3 of Lot 28, Page 548 of 1311 Book 154 Regular Session, December 16, 2024 462 Lot 3 of Lot 29,Lot 3 of Lot 30, Lot 3 of Lot 2 of Giese Subdivision; Thence Lot 31, Lot 3 of Lot 32, all in the Dubu- southwesterly along said southerly line que Harbor Improvement Co.'s Addi- to the southeast corner of Lot 2 of 19 of tion, Township 89 North, Range 3 East Jaeger's Subdivision; Thence north - of the 5th P.M., Dubuque County, IA. easterly along the easterly line of said and any adjoining public right-of-way. Lot 2 of 19 to the northeast corner of (r ) Chaplain Schmitt Subarea of the dis- said Lot 2 of 19, said point also being trict shall include the following de- on the westerly boundary of Block 19 of scribed properties: All of that part of the River Front Subdivision No. 3; Thence City of Dubuque lying easterly of the northeasterly along said westerly Peosta Channel also known as Chap- boundary to the northwest corner of lain Schmitt Island and the area lying Block 18, River Front Subdivision No. east of the easterly right of way line of 3; Thence continuing northeasterly Kerper Boulevard between the center- along the westerly boundary of Block line of U.S. Highway 61/151 and the 18 and Block 17 of River Front Subdivi- southerly right of way line of E. 16th sion No. 3 to a point of intersection with Street in Sections 17, 18, 19 and 20, the southwesterly corner of Lot 1 of T89N, R3E, 5th P.M. in the City of part of Lot 8 in McCraney's First Addi- Dubuque, Dubuque County, IA.. tion; Thence continuing northeasterly (s) North Kerper Boulevard Subarea of along the westerly lines of Lot 1 of part the district shall include that area gen- of Lot 8, Lot 1 of part of Lot 7, Lot 1 of erally bounded by the following descrip- Lot 2 of part of Lot 6, Lot 1 of part of tion: Commencing as a point of refer- Lot 6, Lot 1 of part of Lot 5, Lot 1 of ence at the point of intersection of the part of Lot 4, Lot 1 of part of Lot 3, Lot centerline of U.S. Highways 61 and 151 1 of part of Lot 2, the East 25 feet of with the easterly right of way line of part of vacated Marshall St., and Lot 2 Kerper Boulevard in the City of Dubu- of Lot 2 of Lot 1 all in McCraney's First que, Dubuque County, IA., said point Addition to the southwest corner of Lot being the point of beginning; Thence 1 of Lot 2 of part of Lot 115 in Ham's northwesterly along the easterly right of Addition; Thence northeasterly along way line of Kerper Boulevard to a point the westerly lines of Lot 1 of Lot 2 of of intersection with the northeasterly part of Lot 115 and Lot 1 of part of Lot right of way line of Fengler Street ex- 114 all in Ham's Addition to the most tended; Thence northwesterly along westerly corner of Lot 1 of Bradley said line crossing Kerper Boulevard Place; Thence northeasterly along the right of way to the southerly most cor- westerly lines of Lot 1 and Lot 2 of ner of Lot 1, Block 19 River Front Sub- Bradley Place to the most westerly cor- division No. 3; Thence southeasterly ner of Lot 1 Block 15 of River Front crossing Fengler Street right of way to Subdivision No. 3; Thence northeaster - the northeast corner of Lot 3 of River ly along the northwesterly line of said Front Subdivision No. 4, said point be- Lot 1 Block 15 and continuing along the ing a point of intersection of the south- northwesterly line of Lot 2 of said Block westerly right of way line of Fengler 15 to the most westerly corner of Lot 2 Street with the westerly right of way line of In-Futuro Subdivision No. 1; Thence of Kerper Boulevard; Thence continu- continuing northeasterly along the ing southeasterly along said westerly northwesterly line of In-Futuro Subdivi- right of way line of Kerper Boulevard to sion No. 1 and continuing along the the northeast corner of Lot 3 of Kerper northwesterly line of Lots 1 and 2 of Industrial Park; Thence westerly and Reidl Place to the southwest corner of northwesterly along to north line of said Lot 1 of Block 14 of River Front Subdi- Lot 3 to a point of intersection with the vision No. 3; Thence northeasterly westerly line of Kerper Industrial Park; along the northwesterly line of said Thence northeasterly along said west- Block 14 to the most westerly corner of erly line to the northwest corner of Block 13 of River Front Subdivision No. Kerper Industrial Park; Thence south- 3; Thence continuing northeasterly easterly along the northerly line of along the northwesterly line of Blocks Kerper Industrial Park to the southwest 13, 12, 11, 10 and 9 to the northerly corner of Lot 1 of Lot 2 of Lot 20 of most corner of Lot 1 Block 9 River Jaeger's Subdivision, said point being Front Subdivision No. 3; Thence con - on the southeasterly right of way line of tinuing northeasterly along the north- Peosta Street; Thence northeasterly westerly line of Lot 2 and Lot 2A, Block along said right of way line to a point of 9 River Front Subdivision No. 3 to the intersection with the southerly line of northerly most corner of said Lot 2A; Page 549 of 1311 Book 154 Regular Session, December 16, 2024 463 Thence southeasterly along the north- point of being the point of beginning; easterly line of said Lot 2A to the Excepting therefrom the Quebecor northeast corner of said lot; Thence Economic Development District de - southwesterly along the southeasterly scribed as Lot 1 of McGraw-Hill, Key line of said Lot 2A to the most westerly City Plating Replat in the City of Dubu- corner of Lot 178 of Ham's Addition; que, Dubuque County, IA., and any ad - Thence southeasterly along the south- joining public rights of way. westerly lines of Lots 178 and 59 of Excluding therefrom the following de- Ham's Addition to the southerly most scribed properties: corner of said Lot 59, said point also Lots 6, 7, 8, and 9 in Block 1 of "River being the point of intersection of the Front Subdivision No. 5" in the City northeasterly right of way line of Far- of Dubuque, IA.; and ragut Street with the northwesterly right Lot 2 of Subdivision of Lot 1 of Lot 1 of way line of Kerper Boulevard; of Lot 1 in Block 1 of "Riverfront Thence northeasterly along said Kerper Subdivision No. 5", in the City of Boulevard right of way line and exten- Dubuque, IA.; and sion thereof to a point of intersection Lot 2 of Subdivision of Lot 1 of Lot 1 with the northeasterly right of way line in Block 1 of "Riverfront Subdivision of Hawthorne Street; Thence south- No. 5", in the City of Dubuque, IA.; easterly along the northeasterly and and easterly right of way line of Hawthorne Lot 2 of Subdivision of Lot 1 in Block Street and Hawthorne Street Extension 1 of "Riverfront Subdivision No. 5", to a point of intersection with the in the City of Dubuque, IA.; and southwesterly right of way line of Lake Lot 5, in Block 1, in "River Front Sub - Street; Thence southwesterly and division No. 5" in the City of Dubu- northwesterly along said right of way que, IA.; and line of Lake Street to a point of inter- Lot 1-2 of Block 2 in River Front Sub- section with the southerly right of way division No. 3, in the City of Dubu- line of Harbor Street; Thence south- que, IA.. westerly along said Harbor Street right (t) Quebecor Subarea of the district shall of way line to the northeast corner of include the following described proper - Lot 1 Block 4 River Front Subdivision ties: Lot 1 of McGraw-Hill, Key City No. 3; Thence southeasterly along the Plating Replat in the City of Dubuque, northeasterly line of said Lot 1 and con- Dubuque County, IA., and any adjoin- tinuing along the northeasterly line of ing public rights of way. Lot 1 Block 3 of River Front Subdivision (u) Harrison Street Subarea of the district No. 3 to the most easterly corner shall include the following described thereof; Thence southwesterly along properties: Lot 1 and Lot 2 of Harrison the southeasterly line of said Lot 1 Street Place No. 2, Lot 1 and Lot 2 of Block 3 to the easterly most corner of Harrison Street Place No. 4, and Lot 1 Block 1 of River Front Subdivision No. of Harrison Street Place No. 5 all in the 5; Thence southwesterly along the City of Dubuque, Dubuque County, IA. southeasterly line of said Block 1 River and any adjoining public rights of way. Front Subdivision No. 5 to the northerly (v) Holy Ghost Subarea of the district right of way line of Hamilton Street Ex- shall include the following described tension; Thence southwesterly crossing properties: Lot 1 of 1 and 2 of 1 of Hamilton Street Extension right of way Paragon Square in the City of Dubu- to the easterly most corner of Lot 2 of 3 que, Dubuque County, IA.; and also in - of 1 Block 5 River Front Subdivision cluding the public right of way of Cen- No. 3; Thence continuing southwesterly tral Avenue abutting thereto; and along the original easterly boundary Lot 1, Lot 2, Lot 1 of 3, Lot 2 of 3, and line of Blocks 5, 6 and 7 of River Front Lot 4 all of "Dunn's Subdivision"; Subdivision No. 3, to the southerly and Lot 2 of Lot 1 of Lot 2 of Lot 1 most corner of Lot 2 of said Block 7, of Lot 18 of "John King's Dubuque"; said point being the northeast corner of in the City of Dubuque, IA.; and Lake Peosta Subdivision; Thence A part of Central Avenue right of way southerly along the easterly line of described as follows: Lake Peosta Subdivision to a point of Commencing at the southeasterly intersection with the centerline of U.S. corner of Lot 2-1 of Paragon Highways 61 and 151; Thence south- Square; thence southeasterly along westerly along said centerline to a point the westerly right of way line of of intersection with the easterly right of Central Avenue a distance of ap- way line of Kerper Boulevard, said proximately 2,655 feet to the north - Page 550 of 1311 Book 154 Regular Session, December 16, 2024 464 easterly corner of Lot 1 of Lot 1 of easterly right of way line of Elm Lot 1 of the East Half of Lot 14 in Street and the northerly right of way John King's Dubuque; thence line of East 25th Street; thence nor - northeasterly crossing Central Ave- therly along the easterly right of nue to a point of intersection with way line of Elm Street to the south - the easterly right of way line of Cen- erly right of way line of East 26th tral Avenue and the northerly right Street; thence northerly across the of way line of East 25th Street; East 26th Street right of way to the thence northwesterly along the southwest corner of Lot 283 of easterly right of way line of Central Glendale Addition No. 3; thence Avenue approximately 2,673 feet to northwesterly along the westerly a point of intersection with said lines of Lots 283 to 294, inclusive, easterly right of way line and the of Glendale Addition No. 3 to the easterly extension of the south line southerly right of way line of East of Lot 2-1 of Paragon Square; 27th Street; thence northerly across thence southwesterly crossing Cen- the East 27th Street right of way to tral Avenue to the Point of Begin- the southwest corner of Lot 210 of ning. Glendale Addition; thence north- (w) Almond Street Subarea of the district westerly along the westerly lines of shall include the following described Lots 210 to 221, inclusive, of Glen - properties: Commencing at the inter- dale Addition to the southerly right section of the easterly right of way of of way of East 28th Street; thence Foye Street and the southerly right of northerly across the East 28th Street way line of the public alley lying be- right of way to the southwest corner tween Almond Street and West Locust of Lot 134 of Glendale Addition No. Street; thence easterly along said 2; thence northwesterly along the southerly right of way line to a point of westerly lines of Lots 134 to 140, intersection with the westerly right of inclusive, of Glendale Addition No. way line of Ellis Street; thence north- 2, and Lots 1, 2, and 3 of Glendale westerly along said westerly right of Addition No. 4, and Lot 145 Glen - way line to the northeast corner of Lot dale Addition No. 2 to the southerly 53 in Cox's Addition; thence northerly right of way line of East 29th Street; along the east line of that part of the thence northerly across the East vacated alley adjacent to Lots 53 and 29th Street right of way to the 54 in Cox's Addition approximately 20 southwest corner of Lot 61 of Glen - feet to the northeasterly corner thereof; dale Addition; thence northwesterly thence westerly along the north line of along the westerly lines of Lots 61 said vacated alley adjacent to said Lots to 72, inclusive, of Glendale Addi- 53 and 54 approximately 78 feet to the tion to the southerly right of way line northwest corner thereof; thence of East 30th Street; thence northerly southerly along the west line of said across the East 30th Street right of vacated alley adjacent to said Lots 53 way to the to the southeast corner and 54 approximately 20 feet to the of a Part of Lot 8 of Mineral Lot 322 southwest corner thereof and the as shown on the Final Plat of northeasterly corner of Lot 55 in Cox's Liebe's Subdivision No. 3, also be - addition; thence easterly along the ing a point on the westerly line of north line of Lots 55 thru 66 in Cox's Lot 1-2-1 of Becker Place, also be - addition to the northwest corner of Lot ing a point on the northerly right of 66 in Cox's Addition; thence southerly way of East 30th Street; thence along the west line of said Lot 66 to a southwesterly along the northerly point of intersection with the northerly right of way of East 30th Street to a line of Lot 11 in Buettel's Subdivision; point on the easterly right of way of thence west along the north line of Lot Central Avenue; thence southeast- 11, Lot 2-10 and Lot 1-10 of Buettel's erly along the easterly right of way Subdivision to a point of intersection line of Central Avenue to the nor - with the easterly right of way line of therly line of East 25th Street; Foye Street; thence southerly along thence northeasterly along the nor - said easterly right of way line to the therly line of East 25th Street to the Point of Beginning. point of beginning; and (x) North End Subarea of the district shall Beginning at the intersection of the include the following described proper- northerly right of way line of Diago- ties: nal Street and the westerly right of Beginning at the intersection of the way line of Central Avenue; thence Page 551 of 1311 Book 154 Regular Session, December 16, 2024 465 southerly along the westerly right of Scherrer Subdivision and a point on way line of Central Avenue to the the westerly right of way line of northeast corner of Lot 1 of Lot 1 of Broadway Street; thence north - Lot 1 of the East Half of Lot 14 in westerly along the westerly right of John King's Dubuque; thence way line of Broadway Street to the southwesterly along the northerly westerly extension of the northerly line of said Lot 1 of Lot 1 of Lot 1 of right of way line of Diagonal Street; the East Half of Lot 14 of John thence southeasterly along said King's Dubuque to the northwest right of way and extension to the corner thereof, thence southeaster- point of beginning; and ly along the west line of said Lot 1 Lot 1-239 of Davis Farm Addition and of Lot 1 of Lot 1 of the East Half of Lot 1-1-5 of Kiene & Altman's Sub - Lot 14 of John King's Dubuque to division; and the southwest corner thereof; Lots 1-4 & 2-1-5 of Kiene & Altman's thence southwesterly along the Subdivision; and southerly line of the East Half of Lot 1-2 And 1-3 of Kiene & Altman's John King's Dubuque to the south- Subdivision; and west corner thereof; thence south- Lot 1-1 of Kiene & Altman's Subdivi- easterly along the east lines of the sion; and West Half of Lots 12, 10, and Lot 1-1-1-241 of Davis Farm Addition; Northwest Quarter of 8 of John and King's Dubuque to the southeast Lot 2-1-1-241 & Lot 1-242 of Davis corner of the Northwest Quarter of Farm Addition; and Lot 8 of John King's Dubuque; Lot 1-243 of Davis Farm Addition; thence northeasterly along the nor- and therly line of Lot 2 of the East Lot 1-1-244 of Davis Farm Addition; 329.98' of the Southwest Half of Lot and 8 of John King's Dubuque to the The South 26' of Lot 245 Davis Farm northeast corner of said lot; thence Addition; and southeasterly along the easterly line The North 34' of Lot 245 Davis Farm of said lot to the southeast corner of Addition; and said lot; thence southwesterly along The East 1/2 of Lot 246 Davis Farm the southerly line of said lot to the Addition; and northeast corner of Lot 2 of Lot 6 of The West 1/2 of Lot 246 Davis Farm John King's Dubuque; thence Addition; and southeasterly along the easterly Lot 247 of Davis Farm Addition; and lines of Lot 2 of Lot 6 and Lot 3 of Lot 248 of Davis Farm Addition; and Lot 6 of John King's Dubuque to the Lot 249 of Davis Farm Addition; and southeast corner of said Lot 3 of Lot The East 1/2 of Lot 250 of Davis 6; thence northeasterly along the Farm Addition; and southerly line of the Lot 6 of John The West 1/2 of Lot 250 of Davis King's Dubuque to the easterly right Farm Addition; and of way line of Division Street; Lot 251 and the South 1/2 of Lot 252, thence southeasterly along the of Davis Farm Addition; and easterly line of Division Street and Lot 253 and the North 1/2 of Lot 252, its southerly extension to the south- of Davis Farm Addition; and erly right of way line of West 24th Lot 254 of Davis Farm Addition; and Street; thence southwesterly along Lot 255 of Davis Farm Addition; and the southerly right of way line of The South 1/2 of Lot 256 of Davis West 24th Street to the easterly right Farm Addition; and of way line of Carr Street; thence The South 31.3' of the North 1/2 of southeasterly along the easterly Lot 256 of Davis Farm Addition; and right of way line of Carr Street to The North 28.7' of the North 1/2 of the easterly extension of the north Lot 256 of Davis Farm Addition; and line of Lot 2 of Brewery Addition; Lot 257 of Davis Farm Addition; and thence southwesterly along the nor- Lot 258 of Davis Farm Addition; and therly line of Lot 2 of Brewery Addi- Lot 259 of Davis Farm Addition; and tion to the southeast corner of Lot 6 Lot 260 of Davis Farm Addition; and of Gerald Scherrer Subdivision; Lot 261 of Davis Farm Addition; and thence northwesterly along the Lot 262 of Davis Farm Addition; and easterly line of Lot 6 of Gerald The South 23.5' of The East 112' of Scherrer Subdivision to the north- Lot 263 of Davis Farm Addition; and east corner of Lot 6 of Gerald The East 114' of the North 36'6" of Page 552 of 1311 Book 154 Regular Session, December 16, 2024 466 Lot 263 of Davis Farm Addition, and right of way line of University Avenue also including the Public Right of and lying south of the northerly exten- Way of West 281h Street abutting sion of the westerly line of Lot 2-1-1-1- thereto; and 1-2-1 of Mineral Lot 256; and The North 36.5' and South 23.5' of All that part of the University Avenue right the West 114' of Lot 263 of Davis of way lying east of the southerly ex - Farm Addition, and also including tension of the west line of Lot 1-137 of the Public Right of Way of West Finley Waples and Burton Addition, and 28th Street abutting thereto; and lying west of the southerly extension of Lot 2-265 of Davis Farm Addition, the westerly line of Lot 2 of Lot 12 of and also including the Public Right Central Addition; and of Way of West 28th Street abutting All that part of the 9th Street right of way thereto; and lying south of the centerline of 9th Lot 1-265 of Davis Farm Addition, Street, lying east of the southerly ex - and also including the Public Right tension of the westerly line of Lot 2 of of Way of West 28th Street abutting Lot 12 of Central Addition, and lying thereto; and west of the northerly extension of the Lot 2-1 of G R West's Addition and westerly line of Lot 1 of the Subdivision Lot 1-266 of Davis Farm Addition; of City Lot 688 and Part of City Lot 654; and and Lot 2-1-1 of G R West's Addition; and All that part of the Finley Street right of Lot 1-1-1 of G R Wests Addition and way lying south of the southerly right of Lot 2-266 of Davis Farm Addition; way line of University Avenue and lying and north of the westerly extension of the The South 39'6" of Lot 2 of G R south line of the Northwest 95' of Lot West's Dubuque; and 19 of Finley Waples and Burton Addi- The North 20.5' of Lot 2 & and the tion; and South 3' of Lot 3 of G R West's Ad- All that part of the Asbury Road right of dition; and way lying north of the northerly right of Lot 2 of the North 57' of Lot 3 of G R way line of University Avenue and lying Wests Addition; and south of the easterly extension of the Lot 1 of the North 57' of Lot 3 of G R southerly line of the East 100' feet of West's Addition; and Lot 159 of Finley Addition; and Lot 4 of G.R. West Addition; and All that part of the Irving Street right of Lot 2 of Paragon Square; and way lying north of the northerly right of Lot 2-3 and 2-4 McDaniel's Park Hill, way line of University Avenue and lying and Lots 8 and 1-9 of G.R. West's south of the easterly extension of the Addition; and northerly line of Lot 2 of Lot 2 of Lot 1 Lot 2-9 of G R West's Addition; and of Lot 1 of lot 1 of Lot 14 of Mineral Lot Lots 10, the West 310' of the North 172; and 65' of Lot 2 -11, and the South 55' All that part of the Loras Boulevard right of Lot 2-11, all in G R West's Addi- of way lying east of the northerly right tion; and of way line of University Avenue and ly- Lot 1 of 11 and the East 20' of the ing west of a line connecting the north - North 65' of Lot 2 of G R West's east corner of Lot 2-3-13 of Mineral Lot Addition; and 172 and the southeast corner of Lot 1- All that part of the Central Avenue 249 of Woodlawn Park Addition; and right of way lying south of the nor- All that part of the Delhi Street right of therly right of way line of West 30th way lying south of the southerly right of Street and north of the easterly ex- way line of University Avenue and lying tension of the northerly line of Lot 1 north of the southerly extension of the of 1 of Paragon Square; and easterly line of Lot 2-1 of Schwind's All that part of the West 30th Street Place; and right of way lying west of the easter- All that part of the North Grandview Ave- ly right of way line of Central Ave- nue right of way lying south of the nue. easterly extension of the south line of All in the City of Dubuque, Dubuque Lot 7 of Tschirgi and Schwind's Subdi- County, IA.. vision and lying north of the northerly (y) University Avenue Corridor Subarea right of way line of University Avenue; of the district shall include the following and described properties: All that part of the North Grandview Ave - All that part of the Pennsylvania Avenue nue right of way lying south of the right of way lying north of the northerly southerly right of way line of University Page 553 of 1311 Book 154 Regular Session, December 16, 2024 467 Avenue and lying north of a line parallel All that part of the West Locust Street to and 150' south of the southerly right right of way lying east of the southerly of way line of University Avenue; and extension of the westerly line of Lot 2- All that part of the McCormick Street right 1-1-1-1-2 of Clarke College Place and of way lying south of the southerly right lying west of the northerly extension of of way line of University Avenue and ly- the easterly right of way line of Pierce ing north of the easterly extension of Street; and the south line of Lot 1 of Herbst's Sub- All that part of the Pierce Street right of division; and way lying south of the southerly right of Lot 1-137 of Finley Waples & Burton's way line of West Locust Street and ly- Addition; and ing north of the easterly extension of Lot 1-136 and 2-137 of Finley Waples & Lot 1 of Lot 1 of Connolly's Subdivision; Burton's Addition; and and Lot 1-232 of Finley Addition; and All that part of the Kirkwood Street right Lot 229 of Finley Addition; and of way lying south of the southerly right Lot 130 of Finley Waples & Burton's Ad- of way line of West Locust Street and dition; and lying north of the northerly extension of Lot 131 of Finley Waples & Burton's Ad- the west line of Lot 5 of Union Avenue dition; and Subdivision; and Lot 132 of Finley Waples & Burton's Ad- All that part of the right of way of the alley dition; and lying adjacent to and east of Kingdom Lot 133 of Finley Waples & Burton's Ad- Hall Place and Lot 1 of the West 1074' dition; and of Lot 64 in Littleton and Sawyer's Ad - The Northwest 95' of Lot 19 of Finley dition, lying north of the northerly right Waples & Burton's Addition; and of way of West Locust Street and lying The North 95' of Lot 18 of Finley Waples south of the easterly extension of the & Burton's Addition; and northerly line of Lot 1of the West 1074' Lot 17 of Finley Waples & Burton's Addi- of Lot 64 in Littleton and Sawyer's addi- tion; and tion; and The Northwest 25' of Lot 2 of Finley Addi- All that part of the Rosedale Avenue right tion, and all adjacent Alley right of way; of way lying south of the southerly line and of West Locust Street and lying north of The Southeast 41' of Lot 2 in Finley Addi- the easterly extension of the southerly tion, and all adjacent Alley right of way; line of Lot 42 of Wm. Blake's Addition; and and Lot 1-1 and 2-1 in Finley Addition, and all All that part of the right of way of the alley adjacent Alley right of way; and lying adjacent to and east of Lot 2-12B Lot 1 of Mineral Lot 170, and all adjacent of Wood's Addition, lying south of the Alley right of way; and easterly right of way of Rosedale Ave - Lot 4, 1-3, 2-3, 2-2 and 1-2, all in Mineral nue and lying north of the easterly ex - Lot 170 and all adjacent Alley right of tension of the southerly line of said Lot way; and 2-12B; and Lot 5 and Lot 2-6 of Mineral Lot 170; and All that part of the Alta Vista Street right Lot 1-6 and 2-7 of Mineral Lot 170 and of way lying south of Lot 24D of A. P. Lot 2-2-1-1-1-14 of Mineral Lot 172; Wood's Addition and lying north of the and easterly extension of the southerly line The West 2' of Lot 1 of the Subdivision of of Lot 20 of A. P. Wood's Addition; and Lot 13 of Mineral Lot 172 and Lot 2-13 All that part of the Williams Street right of of Mineral Lot 172 and Lot 2 Mabel's way lying east of the easterly right of Subdivision; and way line of Alta Vista Street and lying The East 58' of Lot 1 of Lot 13 of Mineral west of westerly right of way line of Lot 172, and Lot 2 of Lot 3-13 of Miner- Blake Street; and al Lot 172, and Lot 2A of Lot 1-4-13 of All that part of the north half of the Belle - Mineral Lot 172; and vue Street right of way lying east of the Lot 2-8 of City Lot 703 and Lot 2-2-9 of easterly right of way line of Alta Vista City Lot 703; and Street and lying west of the westerly Lot 1 of Herbst's Subdivision; and right of way line of Blake Street; and Lot 1-1 and Lot 2-1 of Schwind's Place. All that part of the Blake Street right of All in the City of Dubuque, Dubuque way lying south of the southerly right of County, IA.. way line of West Locust Street and ly- (z) West Locust Corridor Subarea of the ing north of the westerly extension of district shall include the following de- the centerline of Vacated Bellevue scribed properties: Street adjacent to Lot 90 in A. P. Page 554 of 1311 Book 154 Regular Session, December 16, 2024 468 Woods Addition; and tion; and Lot 5 and East 10' of Lot 4 Ellen Blake's Lot 23 of A. P. Wood's Addition; and Subdivision; and Lot 2-24 and 2-24A of A. P. Wood's Addi- The South150' of the West 40' of Lot 4 tion; and Ellen Blake's Subdivision; and Lot 24D of A. P. Wood's Addition; and The North 170' of the West 40' of Lot 4 Lot 24C of A. P. Wood's Addition; and Ellen Blake's Subdivision; and Lots 24B to 36B, inclusive, of A. P. Lot 3 of Ellen Blake's Subdivision; and Wood's Addition; and Lot 2 of Ellen Blake's Subdivision; and Lots 25A to 36A, inclusive, of A. P. Lot 1 of Ellen Blake's Subdivision; and Wood's Addition; and The East 235' of Lot 64 of Littleton & The North 40' of Vacated Williams Street Sawyer's and Lot 2 of Mineral Lot 93A in A. P. Wood's Addition; and and the Balance of Lot 2 of Mineral Lot Lots 25 to 36, inclusive, of A. P. Wood's 95; and Addition; and All of Kingdom Hall Place; and Lots 6 to 10, inclusive, and the North 1/2 Lot 1 of the West 1074' of Lot 64 of Little- and South 1/2 of Lot 5, all of Lot 98A of ton & Sawyer's Addition; and A. P. Wood's Addition; and Lot 2-1-1-1 and Lot 1-2-1-1 of Wm. Lot 4-98A of Wood's Addition; and Blake's Addition, and Lot 2 & Lot 2-1 of Lot 3-98A of A. P. Wood's Addition; and Part of Mineral Lot 184; and Lot 2-98A of A. P. Wood's Addition; and Lot 1-1-1-1 and Lot 2-2-1-1 of Wm. Lot 1-98A of A. P. Wood's Addition; and Blake's Addition; and Lots 90 to 98, inclusive, in A. P. Wood's Lot 2 and Lot 2-1 of Wm. Blake's Addi- Addition, and the northerly '/z of Vacat- tion; and ed Bellevue Street abutting said lots 90 Lots 1-3 and Lot 2-4 of Wm. Blake's Ad- to 98, in A.P. Wood's Addition; and dition; and Part of the North '/2 of Vacated Bellevue Lot 2-3 and 1-4 of Wm. Blake's Addition; Street Lying South of McGrath's Subdi- and vision Southeast '/4 Northeast '/4 Sec - Lots 5 to 19, inclusive, of Wm. Blake's tion 23, T89N, R2E in the City of Dubu- Addition; and que; and Lots 2-11, 2-12, and the East 30' of Lot Part of Vacated Bellevue Street lying be- 2-10 in Southview Heights, also Lots tween McGrath's Subdivision and Kirk- 20, 21 and the East 30' of Lot 22 of wood Place in the City of Dubuque; and Wm. Blake's Addition; and Lot 1 and Lot 2-2 of McGrath's Subdivi- The West 70' of Lot 22 of Wm. Blake's sion; and Addition and Lot 2-9 and the West 20' Lots 3 and 4 and Lot 1-2, all in McGrath's of Lot 2-10 of Southview Heights; and Subdivision; and Lot 1-23 of Wm. Blake's Addition and Lot 5 of McGrath's Subdivision; and Lots 2-2-7 and 1-2-8 of Southview Lot 6 of McGrath's Subdivision; and Heights; and Lot 1 of Mineral Lot 95; and Lots 2-23 and the East 50'of Lot 24 of Lot 9 of McGrath's Subdivision; and Wm. Blake's Addition and Lots 2-6, 1- Lots 7 and 8 of McGrath's Subdivision; 2-7, and 2-2-8 of Southview Heights; and and Lot 10 of McGrath's Subdivision; and The West 50' of Lot 24 of Wm. Blake's Lots 2 to 5, inclusive, of Union Avenue Addition and Lot 2-5 of Southview Subdivision #2; and Heights; and Lot 1 of Union Avenue Subdivision #2 Lot 25 of Wm. Blake's Addition; and and Lot 2 of Mosher's Subdivision; and Lot 26 Wm. Blake's Addition; and Lot 1-3, 1-2, and 1-1 of Connolly's Subdi- Lot 27 of Wm. Blake's Addition and Lot 2- vision, and Lot 1 of Part of City Lot 711. 1-1-1-1-2 of Clarke College Place; and All in the City of Dubuque, Dubuque Lots 29 to 42, inclusive, of Wm. Blake's County, IA.. Addition; and (aa) Dubuque Brewing and Malting Sub - Lot 2 of Lot 43 of Wm. Blake's Addition; area of the district shall include the fol- and lowing described properties: Lot 2 of Lot 44 of Wm. Blake's Addition; Beginning at the intersection of the nor - and therly right of way line of East 30th Lot 2 of Lot 45 of Wm. Blake's Addition; Street and the westerly right of way line and of Jackson Street; thence northeasterly Lot 2 of Lot 46 of Wm. Blake's Subdivi- along the northerly right of way line of sion; and East 30th Street to the southeast corner Lot 2 of Lot 12B of Wood's Addition; and of a Part of Lot 8 of Mineral Lot 322 as Lots 20, 21, and 22 of A. P. Wood's Addi- shown on the Final Plat of Liebe's Sub - Page 555 of 1311 Book 154 Regular Session, December 16, 2024 469 division No. 3, also being a point on the right of way line of Elm Street; Thence westerly line of Lot 1-2-1 of Becker southeasterly along said easterly right Place, thence northwesterly along the of way line to a point of intersection easterly lines of Part of Lot 8 and Part with the northerly right of way line of E. of Lot 7 as shown on the Final Plat of 15th Street, said point being the point of Liebe's Subdivision, Lot 1-6 of Mineral beginning. Lot 322, and Lot 4A of Mineral Lot 322 (cc) Lower Kaufmann Subarea of the dis- and its northerly extension to a point on trict shall include the following de - the northerly right of way line of East scribed properties: 32nd Street; thence southwesterly along All that part of the Public Alley right of the northerly right of way line of East way between Francis Street, Central 32"d Street to the westerly right of way Avenue, Kaufmann Avenue, and West line of Jackson Street; thence south- 23rd Street lying north of the north right easterly along the westerly right of way of way line of Kaufmann Avenue and line of Jackson Street to the westerly south of the easterly extension of the extension of the northerly line of Lot 2 south line of the North Half of Lot 19 in of Liebe's Subdivision No. 2; thence Tivoli Addition; and northeasterly along said northerly line Lots 4, 5, 6, 7, and 8, all in the Subdivi- and westerly extension to the northeast sion of Lot 20 and the South1/2 of Lot corner of said Lot 2; thence southeast- 19 Tivoli Addition; and erly along the easterly line of Lots 1 Lot 3 of the Subdivision of Lot 20 and of and 2 of Liebe's Subdivision No. 2 to South 1/2 of Lot 19 Tivoli Addition; and the southeast corner of Lot 1 of Liebe's Lot 2 of the Subdivision of Lot 20 and of Subdivision No. 2; thence southeasterly South 1/2 of Lot 19 Tivoli Addition; and across Liebe Street right of way to the All that part of the Francis Street right of northeast corner of Lot 1 of Liebe's way lying north of the north right of way Subdivision No. 1; thence southeasterly line of Kaufmann Avenue and south of along the easterly lines of Lots 1 and 2 the easterly extension of the north line of Liebe's Subdivision No. 1 to the of Lot 2-21 in Tivoli Addition; and southeast corner of Lot 2 of Liebe's Lot 1-21 Tivoli Addition; and Subdivision No. 1; thence southwester- Lot 2-21 Tivoli Addition; and ly along the southerly line of said Lot 2 All that part of the Public Alley right of and its westerly extension to the west- way adjacent to Lot 38 of Tivoli Addi- erly right of way of Jackson Street; tion lying north of the northerly right of thence southeasterly along the westerly way line of Kaufmann Avenue and lying right of way of Jackson Street to the south of the easterly extension of the point of beginning. north line of said Lot 38; and (bb) 15th Street Subarea of the district Lot 38 Tivoli Addition; and shall include that area generally Lot 39 Tivoli Addition; and bounded by the following description: Lot 1-40 Tivoli Addition; and Beginning at the intersection of the nor- All that part of the Valeria Street right of therly right of way line of East 15th way lying north of the northerly right of Street and the easterly right of way line way line of Kaufmann Avenue and of Elm Street in the City of Dubuque, south of the easterly extension of the Dubuque County, IA.; and north line of Lot 1-1-1-1 in Weland's Thence northeasterly along the northerly Subdivision; and right of way line of East 15th Street to a Lot 1-1-1-1 and Lot 2-2-2 Weland's Sub - point of intersection with the westerly division; and right of way line of a public alley lying Lot 2-1-1 Weland's Subdivision; and between Pine Street and Maple Street; Lot 2-1 and Lot 1-2-2 of Subdivision of Thence northwesterly along said west- Lots 129, 131, 131A & 135A L H Lang- erly right of way line to the northeast worthy's Addition aka Weland's Subdi- corner of the North 35 feet of Lot 255 in vision; and East Dubuque Addition # 2; Thence Lot 2-2A & Lot 1-2 Weland's Subdivision; southwesterly along the northwesterly and line of said Lot to a point of intersection Lot 1-2A Weland's Subdivision; and with the easterly right of way line of Lot 3 Weland's Subdivision; and Pine Street; Thence northwesterly Lot 3A Weland's Subdivision; and along said easterly right of way line to The East 27' of Lot 4 Weland's Subdivi- the southerly right of way line of E. 16th sion; and Street; Thence southwesterly along The West 35' of Lot 4 Weland's Subdivi- said southerly right of way line to a sion; and point of intersection with the easterly Lot 5 Weland's Subdivision; and Page 556 of 1311 Book 154 Regular Session, December 16, 2024 470 Lot 5 of the Subdivision of Lots 3 & 4 of Lot 2-1-1-3-145 and the South 192.60' of Lot 135 L H Langworthy's Addition; and the West Part of Lot 1-2-145 L H All of the Private Driveway known as Langworthy's Addition; and Fuller Place Abutting Lots 2, 3, 4 & 5 of Lot 1-1-1-3-145 and 2-2-1-147 and Lot 2- the Sub. of Lots 3 & 4 of Lot 135 L H 2-2-147 L H Langworthy's Addition; and Langworthy's Addition East 501 and The East 34' of Lot 1-2-2-147 and the West 1/2-2 all of Lot 135 LH Langwor- East 34' of Lot 2-2-1-1-147 L H Lang- thy's Addition; and worthy's Addition; and Lot 2 of the Subdivision of Lots 3 and 4 The West 28' of Lot 1-2-2 of 147 L H of Lot 135 L H Langworthy's Addition; Langworthy's Addition; and and The West 28' of Lot 2-2-1-1-147 L H The Middle 37' of Lot 7 Cushing's Subdi- Langworthy's Addition; and vision; and Lot 3 of the Subdivision of Lot 2-1-2-147 and Lot 1-2-1-1-147 L H Lots 3 and 4 of Lot 135 L H Langwor- Langworthy's Addition; and thy's Addition; and The East 1/2 of Lot 1-1-2-147 and Lot 2- The North 38' of Lot 7 Cushing's Addi- 1-1-1-147 L H Langworthy's Addition; tion; and Lot 4 of the Subdivision of and Lots 3 and 4 of Lot 135 L H Langwor- Lot 1-1-1-1-147 and the West 1/2 of Lot thy's Addition; and 1-1-2-147 L H Langworthy's Addition; Lot 1 of the Subdivision of Lots 3 and 4 and of Lot 135 L H Langworthy's Addition; All of Cornelia Place; and and Lot 2 of the West 1/2 of Lot 148 L H The South 60' of Lot 7 Cushing's Subdi- Langworthy's Addition; and vision; and Lot 2-1 of the West 1/2 of Lot 148 L H Lot 8 and the East 7 1/2' of Lot 9 Cush- Langworthy's Addition; and ing's Subdivision; and Lot 1-1 of the West 1/2 of Lot 148 L H The West 22 1/2' of Lot 9 and the East Langworthy's Addition; and 15' of Lot 10 Cushing's Subdivision; All that part of the Valeria Street right of and way lying east of the easterly right of The West 15' of Lot 10 and the East way line of Kaufmann Avenue and west 22'6" of Lot 11 Cushing's Subdivision; of the northerly extension of the easter- and ly line of Lot 1-1 of the West Half of Lot Lot 12 and the West 7 1/2' of Lot 11 148 in L H Langworthy's Addition; and Cushing's Subdivision; and Lot 1-149 L H Langworthy's Addition and Lot 13 Cushing's Subdivision; and Lot 2-1-5 and Part of 2-5 of Mineral Lot Lot 14 Cushing's Subdivision; and 316; and Lot 15 Cushing's Subdivision; and Lot 2-149 L H Langworthy's Addition; and Lot 6 C. Klingenberg's 3rd Addition; and The Southerly 50' of the South 100'-Lot All that part of the Cushing Place right of 151 L H Langworthy's Addition; and way lying north of the northerly right of The North 50' of the South 100' of Lot way line of Kaufmann Avenue and lying 151 L H Langworthy's Addition; and south of the westerly extension of the The Southerly 61' of the Northerly 71' of north line of Lot 6 in C. Klingenberg's Lot 151 L H Langworthy's Addition; and Third Addition; and The Northerly 10' the Northerly 71' of Lot Lot 2-141 L H Langworthy's Addition and 151 and the Southerly 50' of the South - Lot 4 C. Klingenberg's 3rd Addition; and erly 100' of Lot 155 L H Langworthy's Lot 2-143 and Lot 2-1-1-1-143 L H Addition; and Langworthy's Addition; and The Northerly 50' of the Southerly 100' of The East '/2 of Lot 3-143 & Lot 2-2-1-1- Lot 155 L H Langworthy's Addition; and 143 L H Langworthy's Addition; and Lot 2 of the Subdivision of the South - The West 1/2 of Lot 3-143 L H Langwor- westerly 100' of the Northwesterly 92' thy's Addition; and of Lot 155 L H Langworthy's Addition; Lot 4-143 L H Langworthy's Addition; and and Lot 5-143, Lot 2-2-1-1-East 3/4-145A, Lot 1 of the Subdivision of the South - and Lot 2-2-2-1-1-1-East3/4-145A L H westerly 100' of the Northwesterly 92' Langworthy's Addition; and of Lot 155 L H Langworthy's Addition; Lot 1 Janice Place on Kaufman Avenue; and and All that part of the Greenfield Street right Lot 2 Janice Place on Kaufmann Avenue; of way lying east of the easterly right of and way line of Kaufmann Avenue and lying Lot 1-1-West 1/4 of Lot 145A L H Lang- west of the southerly extension of the worthy's Addition; and westerly line of Lot 1-7 in Springgreen Lot 1 Herbst Place #2; and Subdivision; and Page 557 of 1311 Book 154 Regular Session, December 16, 2024 471 Lot 6 and Lot 2-7 Springgreen Subdivi- Addition and Lot 2 of the Subdivision of sion; and Lot 2 of Lots 146 and Lot 146A L H Lot 5 Springgreen Subdivision; and Langworthy's and Lot 2-of the Subdivi- Lot 4 Springgreen Subdivision; and sion of Lot 1 of Lot 1 of Lot 151 Me - Lot 3 Springgreen Subdivision; and chanics Addition; and All that part of the Kane Street right of Lot 2 of Lot 1 of the Subdivision of Lots way lying north of the northerly right of 146 and Lot 146A L H Langworthy's way line of Kaufmann Avenue and lying Addition and Lot 2 of Lot 1 of Lot 151 south of the westerly extension of the Mechanic's Addition; and north line of Lot 3 in Springgreen Sub- Lots 152, 153 and Lot 2-151 Mechanic's division; and Addition; and Lot 1 Kieffer Place; and Lot 154 and the West 42' 4" of Lot 155 Lot 2-1 and Lot A of Vogt Place; and Mechanic's Addition; and All that part of the Kaufmann Avenue All of the Public Alley right of way be - right of way lying south and east of the tween Lots 155 and 156 in Mechanic's southerly extension of the west line of Addition; and Lot 2-1 of Vogt Place and lying north Lot 156 Mechanic's Addition; and and west of the southerly extension of Lot 157, 158 and 159 Mechanic's Addi- the westerly line of Lott of Tivoli Addi- tion; and tion; and Lot 9 and Lot 1-10 of Lots 138, 140, and Lot 158A L H Langworthy's Addition; and 142 of L H Langworthy's Addition; and Lot 154 L H Langworthy's Addition; and Lot 1-8 of Lots 138, 140, & 142 L H Lot 154A L H Langworthy's Addition; and Langworthy's Addition; and Lot 2-1-153 L H Langworthy's Addition; The West 20' of Lot 6, the West One Half and of Lot 7 except the East 5 feet thereof, Lot 1-1-153 L H Langworthy's Addition; and Lot 2 of Lot 8, all of the Subdivision and of Lots 138, 140, and 142 L H Lang - Lot 2-153 and the North 27' of Lot 2-1- worthy's Addition; and 153A L H Langworthy's Addition; and The East 30' of Lot 7, and the East 5' of The South 50' of Lot 2-1-153A L H Lot 6, and Lot 5, all of the Subdivision Langworthy's Addition; and of Lots 138, 140, and 142 L H Lang - Lot 2-2-153A L H Langworthy's Addition; worthy's; and and Lot 4-138, 4-140, and 4-142 L H Lang - Lot 1-2-152 and Lot 1-2-153A L H Lang- worthy's Addition; and worthy's Addition; and Lot 3-138, 3-140, and 3-142 L H Lang - Lot 1-2-2-152 L H Langworthy's Addition; worthy's Addition; and and Lot 2-138, 2-140 and 2-142 L H Lang - Lot 2-2-2-152 L H Langworthy's Addition; worthy's Addition; and and Lot 1 of the Subdivision of Lot 1 and the The NW 4' of Lot 2 of Lot 150 and Lot 1- balance of Lot 2 of the Subdivision of 152 L H Langworthy's Addition; and Lot 1, both of the Subdivision of Lots The East 88.5' of Lot 2 of the Subdivision 138, 140 and 142 L H Langworthy's of Lot 150 L H Langworthy's Addition; Addition; and and The North 296' of the West 1/4 of Lot 136 Lot 6 of the Subdivision of Lot 150A and L H Langworthy's Addition; and of Lot 1 of Lot 150 L H Langworthy's The South 50' of the West 1/4 of Lot 136 Addition; and L H Langworthy's Addition; and Lot 1-5 of the Subdivision of Lot 150A The balance of the Easterly Half of the and of Lot 1 of Lot 150 L H Langwor- Westerly Half of Lot 136 L H Langwor- thy's Addition; and thy's Addition; and All that part of the Hempstead Street right Lot 2 of Lot 1, and Lot 2, both of the East of way lying south of the southerly right 1/2 of Lot 136 L H Langworthy's Addi- of way line of Kaufmann Avenue and tion; and lying north of the northerly right of way The balance of Lot 1 of Lot 1 of the East line of Lowell Street; and 1/2 of Lot 136 L H Langworthy's Addi- Lot 1-1-3-146 and 146A and Lot 1-1-2-3- tion; and 146 and 146A Of L H Langworthy's Ad- The balance of Lot 7 Siege Subdivision; dition; and and Lot 1 of Lot 2 of Lots 146 and Lot 146A L The West 1/2 of Lot 6 Siege Subdivision; H Langworthy's Addition; and and Lot 1-1-1-151 Mechanic's Addition; and The East 1/2 of Lot 6 Siege Subdivision; Lot 1 of the Subdivision of Lot 1 of Lots and 146 and Lot 146A in L H Langworthy's The West 1/2 of Lot 5 Siege Subdivision; Page 558 of 1311 Book 154 Regular Session, December 16, 2024 472 and way line of Hempstead Street and lying The East 1/2 of Lot 5 Siege Subdivision; west of the northerly extension of the and east line of Lot 125 in Mechanic's Addi- Lot 4 Siege Subdivision; and tion; and Lot 3 Siege Subdivision; and Lot 125 Mechanic's Addition; and Lot 2 Siege Subdivision; and Lot 124 Mechanic's Addition; and Lot 1-1 Siege Subdivision; and Lot 123 Mechanic's Addition; and All that part of the Kleine Street right of All that part of the Public Alley right of way lying south of the southerly line of way between Lots 119, 120, 121, 122 Kaufmann Avenue and lying north of and 123 in Mechanic's Addition lying the easterly extension of the south line east of the easterly right of way line of of Lot 1-2 in Seiges Subdivision; and Hempstead Street and lying west of the Lot 1-63 Marsh's Addition; and southerly extension of the east line of Lot 2-63 Marsh's Addition; and Lot 123 in Mechanic's Addition; and Lots 3-38 and 4-38 Marsh's Addition; and Lot 2-121 and 2-122 Mechanic's Addi- Lot 2-38 Marsh's Addition; and tion; and Lot 1-38 Marsh's Addition; and Lot 1-121 and 1-122 Mechanic's Addi- All that part of the North Main Street right tion; and of way lying south of the southerly line Lots 83 and 84 Pleasant View Addition; of Kaufmann Avenue and lying north of and the westerly extension of the south line The East 35' of Lot 85 Pleasant View of Lot 37 in Marsh's Addition; and Addition; and Lot 37 Marsh's Addition; and Lots 80, 81, and 82 Pleasant View Addi- Lot 36 Marsh's Addition; and tion; and Lot 35 Marsh's Addition; and All that part of the Public Alley right of Lot 34 Marsh's Addition; and way between Lots 80, 81, 82, 83, 84, Lot 33 Marsh's Addition; and and 85 in Pleasant View Addition lying Lot 32 Marsh's Addition; and west of the westerly right of way line of The North 95' of Lot 31 Marsh's Addition; Hempstead Street and lying east of the and northerly extension of the East 35' of The North 95' of Lot 1 Marsh's Addition Lot 85 in Pleasant Valley Addition; and All that part of the Heeb Street right of Lot 79 and 79A Mechanic's Addition; and way lying south of the southerly line of Lot 78 Mechanic's Addition; and Kaufmann Avenue and lying north of Lot 77 Mechanic's Addition; and the easterly extension of the southerly Lot 76 Mechanic's Addition; and line of Lot 12 of Marsh's Addition; and Lot 75 Mechanic's Addition; and The South 40' of Lot 1, the North 5' of Lot All that part of the Montcrest Street right 2, and the South 40' of Lot 31 Marsh's of way lying west of the westerly right Addition; and of way line of Hempstead Street and ly- The South 45' of Lot 2 Marsh's Addition; ing east of the northeasterly extension and of the westerly line of Lot 75 in Me - Lot 3 Marsh's Addition; and chanic's Addition; and Lot 4 Marsh's Addition; and Lot 1-73 and 1-74 Mechanic's Addition; Lot 5 Marsh's Addition; and and The North 40' of Lot 6 Marsh's Addition; Lot 1-2 of the Subdivision of Lot 150A and and Lot 1-150 L H Langworthy's Addi- Lot 12, Lot 11, Lot 10, and the South 30' tion; and of Lot 9, and the East 60' of the North Lot 1-3 of the Subdivision of Lot 150A 20' of Lot 9, and the West 125' of the and Lot 1-150 L H Langworthy's Addi- North 20' of Lot 9, Lot 8, Lot 7 and the tion; and South 10' of Lot 6, all In Marsh's Addi- Lot 1-1 of the Subdivision of Lot 150A tion; and and Lot 1-150 L H Langworthy's Addi- Lot 62 Marsh's Addition; and tion; and Lot 2-1 Siege Subdivision; and Lot 1-4 of the Subdivision of Lot 150A Lot 1-2-2-3 of the Subdivision of Lots 146 and Lot 1-150 L H Langworthy's Addi- and 146A L H Langworthy's Addition; tion. and (dd) North Peru Road Subarea of the dis- Lots 1-2-150, 1-2-2-150, and 1-150 Me- trict shall include the following de- chanic's Addition; and scribed properties: Lot 1 Runde Place; and Lot 1 of Fountain Hill Resubdivision; and Lot 2 Runde Place; and Lots 2 and 3, and Lot 1 of Lot 1 of Lot 4, All that part of the Napier Street right of Lot 2 of Lot 1 of Lot 2 of Lot 4, and Lot way lying east of the easterly right of 2 of Lot 2 of Lot 4, all of the Subdivision Page 559 of 1311 Book 154 Regular Session, December 16, 2024 473 of the South West '/4 of Section 1, erly extension of the south right of way Township 89 North, Range 2 East, of line of Jones Street; and the 5th P.M., all in the City of Dubuque, All that part of the right of way of Jones IA.; and Street lying east of the east right of way All that part of the easterly 33' of the right line of Bluff Street and west of the nor - of way of Peru Road lying south of the therly extension of the east right of way northerly line of Lot 2 of Lot 2 of Lot 4 line of Bissell Lane; and of the Subdivision of the South West'/4 All that part of the right of way of Bissell of Section 1, Township 89 North, Lane lying south of the south right of Range 2 East, of the 5th P.M. and its way line of Jones Street and north of westerly extension, and lying north of the westerly extension of the north line the northerly line of Emerald Acres No. of the West 36'2" of the North Half of 1 and its easterly extension; and City Lot 574; and All that part of the right of way of Peru The Southerly 26 feet of Lot 573, Lot 574 Road lying south of the northerly line of "A", the Northerly 1/2 of Lot 574, except Emerald Acres No. 1 and its easterly the Westerly 36 feet 2 inches thereof, extension and lying north of the easter- Lot 1 of Lot 575, and Lot 2 of Lot 2 of ly line of Lot 4A of Mineral Lot 322 and Lot 575, in the City of Dubuque, IA., its northerly extension. according to the United States Com- All in the City of Dubuque, IA. missioners' Plat and the recorded Plats (ee) Stafford Street Subarea of the Dis- thereof; and trict shall include the following de- Lot 2 of the Northerly 21 feet of the North scribed properties: 1/2 of Lot 572, the South 21 feet of the The Southeasterly 95.53 feet of Lot 17 North 1/2 of Lot 572, the South 21 feet and the Southeasterly 95.53 feet of Lot of the North 1/2 of Lot 572, the South 3 of the Subdivision of Lot 18, both in 1/2 of Lot 572, and the Northerly 40 "Dreibelbis Addition, Dubuque" in the feet of Lot 573, in the City of Dubuque, City of Dubuque, IA., according to the IA., according to the United States recorded Plat thereof Commissioners' Map thereof. All in the City of Dubuque, IA. All in the City of Dubuque, IA. (ff) Roosevelt Street Subarea of the Dis- (ii) Amended Project Area shall mean the trict shall include the following de- areas of the City of Dubuque, IA. in- scribed properties: cluded within the Town Clock Subarea, Lots 6, 7, 8, and 9 in Block 1 of "River the Old Main Subarea, the Town Clock Front Subdivision No. 5" in the City of Expansion Subarea, the Upper Main Dubuque, IA.; and Subarea, the Ice Harbor Subarea A, Lot 2 of Subdivision of Lot 1 of Lot 1 of the Ice Harbor Subarea B, the Ice Har- Lot 1 in Block 1 of "Riverfront Subdivi- bor Subarea C, the Warehouse Subar- sion No. 5", in the City of Dubuque, IA.; ea, the South Main Subarea, the South and Port Subarea, the Cable Car Subarea, Lot 2 of Subdivision of Lot 1 of Lot 1 in the Bluff Street Subarea, the South Block 1 of `Riverfront Subdivision No. Bluff Street Subarea, the Kerper Boule- 5", in the City of Dubuque, IA.; and vard Subarea, the Washington Neigh - Lot 2 of Subdivision of Lot 1 in Block 1 of borhood Subarea, the Industrial Harbor "Riverfront Subdivision No. 5", in the Subarea, the East 7th Street Subarea, City of Dubuque, IA.; and the Chaplain Schmitt Subarea, the Lot 5, in Block 1, in "River Front Subdivi- North Kerper Boulevard Subarea but sion No. 5" in the City of Dubuque, IA.. excluding those lots and parcels re- (gg) Hawthorne Street Subarea of the moved by Amended and Restated Ur - District shall include the following de- ban Renewal Plan Version 2022.1, the scribed properties: Quebecor Subarea, the Harrison Street Hawthorne Street Subarea of the district Subarea, the Holy Ghost Subarea, the shall include the following described Almond Street Subarea, the North End properties: Subarea, the University Avenue Corri- Lot 1-2 of Block 2 in River Front Subdivi- dor Subarea, the West Locust Corridor sion No. 3, in the City of Dubuque, IA.. Subarea, the Brewing and Malting (hh) Locust Street Subarea of the District Subarea, the 15th Street Subarea, the shall include the following described Lower Kaufmann Subarea, the North properties: Peru Road Subarea, the Stafford Street All that part of the east half of the right of Subarea, the Roosevelt Street Subar- way of Bluff Street lying between the ea, the Hawthorne Street Subarea, and westerly extension of the north right of the Locust Street Subarea each as de - way line of Jones Street and the west- scribed in this Section. Page 560 of 1311 Book 154 Regular Session, December 16, 2024 474 (jj) Urban Renewal Plan shall mean the total assessed value shown on the Amended and Restated Urban Renew- assessment roll as of January 1, al Plan for the Greater Downtown Ur- 2001, being the assessment roll as ban Renewal District, approved by of January 1 of the calendar year Resolution No. 278-24 on September preceding the effective date of Or- 3, 2024, as the same may be amended dinance No. 26-02. from time to time. (e) As to the Ice Harbor Subarea A, Section 2: The taxes levied on the taxa- base period taxes shall be comput- ble property in the Amended Project ed in the same manner using the Area, legally described in Section 1 total assessed value shown on the hereof, by and for the benefit of the assessment roll as of January 1, State of Iowa, City of Dubuque, County 1988, being the assessment roll as of Dubuque, Dubuque Community of January 1 of the calendar year School District, and all other taxing dis- preceding the effective date of Or- tricts from and after the effective date dinance No. 66-89. of this Ordinance shall be divided as (f) As to the Ice Harbor Subarea B, hereinafter in this Ordinance provided. base period taxes shall be comput- Section 3: Taxes. ed in the same manner using the (a) As to the Town Clock Subarea, total assessed value shown on the that portion of the taxes which assessment roll as of January 1, would be produced by the rate at 1999, being the assessment roll as which the tax is levied each year by of January 1 of the calendar year or for each of the taxing districts preceding the effective date of Or - taxing property in the Town Clock dinance No. 97-00. Subarea upon the total sum of the (g) As to the Ice Harbor Subarea C, assessed value of the taxable base period taxes shall be comput- property in the Town Clock Subarea ed in the same manner using the as shown on the assessment roll as total assessed value shown on the of January 1, 1966, being the as- assessment roll as of January 1, sessment roll last equalized prior to 2006, being the assessment roll as the date of the initial adoption of the of January 1 of the calendar year Urban Renewal Plan for the Down- preceding the effective date of Or - town Dubuque Urban Renewal Pro- dinance No. 20-07. ject, Iowa R-15, shall be allocated (h) As to the Warehouse Subarea, to and when collected be paid into base period taxes shall be comput- the fund for the respective taxing ed in the same manner using the district as taxes by or for said taxing total assessed value shown on the district into which all other property assessment roll as of January 1, taxes are paid. The taxes so deter- 2006, being the first day of the cal - mined shall be referred herein as endar year preceding the effective the "base period taxes" for such date of Ordinance No. 63-07. Subarea. (i) As to the South Main Subarea, (b) As to the Old Main Subarea, base base period taxes shall be comput- period taxes shall be computed in ed in the same manner using the the same manner using the total total assessed value shown on the assessed value shown on the as- assessment roll as of January 1, sessment roll as of January 1, 2006, being the first day of the cal- 1993, being the assessment roll as endar year preceding the effective of January 1 of the calendar year date of Ordinance No. 63-07. preceding the effective date of Or- Q) As to the South Port Subarea, dinance No. 23-94. base period taxes shall be comput- (c) As to the Town Clock Expansion ed in the same manner using the Subarea, base period taxes shall be total assessed value shown on the computed in the same manner us- assessment roll as of January 1, ing the total assessed value shown 2007, being the first day of the cal - on the assessment roll as of Janu- endar year preceding the effective ary 1, 1996, being the assessment date of Ordinance No. 60-08. roll as of January 1 of the calendar (k) As to the Cable Car Subarea, year preceding the effective date of base period taxes shall be comput- Ordinance No. 67-97. ed in the same manner using the (d) As to the Upper Main Subarea, total assessed value shown on the base period taxes shall be comput- assessment roll as of January 1, ed in the same manner using the 2008, being the first day of the cal - Page 561 of 1311 Book 154 Regular Session, December 16, 2024 475 endar year preceding the effective sion 2022.1 now forming the Roo - date of Ordinance 58-09. sevelt Street Subarea, base period (1) As to the Bluff Street Subarea, taxes shall be computed in the base period taxes shall be comput- same manner using the total as- ed in the same manner using the sessed value shown on the as - total assessed value shown on the sessment roll as of January 1, assessment roll as of January 1, 2011, being the first day of the cal- 2009, being the first day of the cal- endar year preceding the effective endar year preceding the effective date of Ordinance 60-12. date of Ordinance 51-10. (t) As to the Quebecor Subarea, base (m) As to the South Bluff Street Sub- period taxes shall be computed in area, base period taxes shall be the same manner using the total computed in the same manner us- assessed value shown on the as- ing the total assessed value shown sessment roll as of January 1, on the assessment roll as of Janu- 2001, being the first day of the cal- ary 1, 2010, being the first day of endar year preceding the effective the calendar year preceding the ef- date of Ordinance 88-02. fective date of Ordinance 33-11. (u) As to the Harrison Street Subarea, (n) As to the Kerper Boulevard Sub- base period taxes shall be comput- area, base period taxes shall be ed in the same manner, using the computed in the same manner us- total assessed value shown on the ing the total assessed value shown assessment roll as of January 1, on the assessment roll as of Janu- 2011, being the first day of the cal- ary 1, 1993, being the first day of endar year preceding the effective the calendar year preceding the ef- date of Ordinance 60-12. fective date of Ordinance 43-94. (v) As to the Holy Ghost Subarea, (o) As to the Washington Neighbor- base period taxes shall be comput- hood Subarea, base period taxes ed in the same manner, using the shall be computed in the same total assessed value shown on the manner using the total assessed assessment roll as of January 1, value shown on the assessment roll 2013, being the first day of the Gal- as of January 1, 2010, being the endar year preceding the effective first day of the calendar year pre- date of Ordinance 45-14. ceding the effective date of Ordi- (w) As to the Almond Street Subarea, nance 33-11. base period taxes shall be comput- (p) As to the Industrial Harbor Subar- ed in the same manner, using the ea, base period taxes shall be total assessed value shown on the computed in the same manner us- assessment roll as of January 1, ing the total assessed value shown 2013, being the first day of the cal - on the assessment roll as of Janu- endar year preceding the effective ary 1, 2010, being the first day of date of Ordinance 45-14. the calendar year preceding the ef- (x) As to the North End Subarea, fective date of Ordinance 33-11. base period taxes shall be comput- (q) As to the East 7th Street Subarea, ed in the same manner, using the base period taxes shall be comput- total assessed value shown on the ed in the same manner using the assessment roll as of January 1, total assessed value shown on the 2015, being the first day of the cal - assessment roll as of January 1, endar year preceding the effective 1996, being the first day of the cal- date of this Ordinance. endar year preceding the effective (y) As to the University Avenue Corri- date of Ordinance 64-97. dor Subarea, base period taxes (r) As to the Chaplain Schmitt Subar- shall be computed in the same ea, base period taxes shall be manner, using the total assessed computed in the same manner us- value shown on the assessment roll ing the total assessed value shown as of January 1, 2015, being the on the assessment roll as of Janu- first day of the calendar year pre- ary 1, 2010, being the first day of ceding the effective date of this Or - the calendar year preceding the ef- dinance. fective date of Ordinance 33-11. (z) As to the West Locust Corridor (s) As to the North Kerper Boulevard Subarea, base period taxes shall be Subarea, excluding those lots and computed in the same manner, us - parcels removed by Amended and ing the total assessed value shown Restated Urban Renewal Plan Ver- on the assessment roll as of Janu- Page 562 of 1311 Book 154 Regular Session, December 16, 2024 476 ary 1, 2015, being the first day of total assessed value shown on the the calendar year preceding the ef- assessment roll as of January 1, fective date of this Ordinance. 2024, being the first day of the cal- (aa) As to the Brewing and Malting endar year preceding the effective Subarea, base period taxes shall be date of this Ordinance 53-24-A. computed in the same manner, us- Section 4: That portion of the taxes each ing the total assessed value shown year in excess of the base period taxes for the on the assessment roll as of Janu- Amended Project Area, determined for each ary 1, 2007, being the first day of Subarea thereof as provided in Section 3 of the calendar year preceding the ef- this Ordinance, shall be allocated to and when fective date of Ordinance 61-08. collected be paid into the special tax increment (bb) As to the 151h Street Subarea, fund previously established by the City of base period taxes shall be comput- Dubuque to pay the principal of and interest on ed in the same manner, using the loans, monies advanced to, or indebtedness, total assessed value shown on the whether funded, refunded, assumed or other - assessment roll as of January 1, wise, including bonds issued under authority of 2016, being the first day of the cal- Section 403.9 or Section 403.12 of the Code of endar year preceding the effective Iowa, incurred by the City of Dubuque, IA. to date of Ordinance 6-17 and 6-17-A. finance or refinance, in whole or in part, urban (cc) As to the Lower Kaufmann Sub- renewal projects undertaken within the area, base period taxes shall be Amended Project Area pursuant to the Urban computed in the same manner, us- Renewal Plan, except that taxes for the regular ing the total assessed value shown and voter -approved physical plant and equip - on the assessment roll as of Janu- ment levy of a school district imposed pursuant ary 1, 2016, being the first day of to Section 298.2 of the Code of Iowa and taxes the calendar year preceding the ef- for the instructional support program of a fective date of Ordinance 26-17. school district imposed pursuant to Section (dd) As to the North Peru Road Sub- 257.19 (but in each case only to the extent area, base period taxes shall be required under Section 403.19(2)), taxes for computed in the same manner, us- the payment of bonds and interest of each ing the total assessed value shown taxing district, and taxes imposed under Sec - on the assessment roll as of Janu- tion 346.27(22) related to joint county -city ary 1, 2019, being the first day of buildings shall be collected against all taxable the calendar year preceding the ef- property within the Amended Project Area fective date of Ordinance 20-20. without any limitation as hereinabove provided. (ee) As to the Stafford Street Subar- Section 5: Unless or until the total as - ea, base period taxes shall be sessed valuation of the taxable property in the computed in the same manner, us- Subareas of the Amended Project Area ex- ing the total assessed value shown ceeds the total assessed value of the taxable on the assessment roll as of Janu- property in said Subareas shown by the as- ary 1, 2019, being the first day of sessment rolls referred to in Section 3 of this the calendar year preceding the ef- Ordinance, all of the taxes levied and collected fective date of Ordinance 41-20. upon the taxable property in the Amended (ff) As to the Roosevelt Street Subar- Project Area shall be paid into the funds for the ea, base period taxes shall be respective taxing districts as taxes by or for the computed in the same manner, us- taxing districts in the same manner as all other ing the total assessed value shown property taxes. on the assessment roll as of Janu- Section 6: At such time as the loans, mon- ary 1, 2022, being the first day of ies advanced, bonds and interest thereon and the calendar year preceding the ef- indebtedness of the City of Dubuque referred fective date of Ordinance 8-22. to in Section 4 hereof have been paid, all mon- (gg) As to the Hawthrone Street Sub- ies thereafter received from taxes upon the area, base period taxes shall be taxable property in the Amended Project Area computed in the same manner, us- shall be paid into the funds for the respective ing the total assessed value shown taxing districts in the same manner as taxes on the assessment roll as of Janu- on all other property. ary 1, 2024, being the first day of Section 7: All ordinances or parts of ordi- the calendar year preceding the ef- nances in conflict with the provisions of this fective date of this Ordinance 53- Ordinance are hereby repealed. The provi- 24-A. sions of this Ordinance are intended and shall (hh) As to the Locust Street Subarea, be construed so as to continue the division of base period taxes shall be comput- taxes from property within the Amended Pro- ed in the same manner, using the ject Area under the provisions of Section Page 563 of 1311 Book 154 Regular Session, December 16, 2024 477 403.19 of the Code of Iowa, as authorized in Ordinance No. 53-24-A, as previously amend- ed, and to fully implement the division of taxes in the Hawthorne Street and Locust Street Subareas. In the event that any provision of this Ordinance shall be determined to be con- trary to law it shall not affect other provisions or application of this Ordinance which shall at all times be construed to fully invoke the provi- sions of Section 403.19 of the Code of Iowa with reference to the Amended Project Area and the territory contained therein. Section 8: This Ordinance shall be in effect after its final passage, approval and publica- tion as provided by law. Passed and approved this 16'h day of De- cember 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 10. Proposed Ordinance change to update the rental license cycle to two- years: Motion by Jones to receive and file the documents and that the requirement that a proposed ordi- nance be considered and voted on for pas- sage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Roussell. City Council Members commended the updates to the rent- al license cycle. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 63-24 Amending City Of Dubuque Code Of Ordinances Title 14 Building And Development, Chapter 1 Building Codes, Article J Property Maintenance Code, Section 14-1 J-3 Rental Licenses. Seconded by Roussell. Motion carried 7-0. ORDINANCE NO. 63-24 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE J PROPERTY MAINTE- NANCE CODE, SECTION 14-1J-3 RENTAL LICENSES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA.: Section 1. Section 14-1J-3 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1J-3: RENTAL LICENSES: B. Application Requirements: Comple- tion of a rental license application must be made by the property owner, manager, or licensed real estate pro- fessional and must include, but not be limited to, the following information: 1. Address of the rental unit(s), in- cluding correct unit identifications. 2. Number and type of rental units in the structure. 3. Number of units, in the structure, for which housing choice vouch- ers are accepted. 4. Owner's name and contact in- formation, including: a. Mailing address. b. Telephone number during nor- mal business hours. c. Telephone number in the event of an emergency. d. E-mail address, if available. 5. If the property owner has re- tained a property manager the property owner must provide the following information: a. Property manager's name. b. Property manager's mailing ad- dress. c. Property manager's telephone number during normal business hours. d. Property manager's telephone number in the event of an emergency. e. Property manager's e-mail ad- dress, if applicable. f. A statement that the property manager or real estate profes- sional has the same authority and responsibility as the proper- ty owner for maintaining the rental unit(s). 6. The property owner, manager, or licensed real estate professional must designate a responsible agent, who resides within 50 miles of the rental unit for which the license is sought, to represent the property owner, manager, or licensed real estate professional whenever the property owner, manager, or licensed real estate professional is not available for maintenance of, or resides more than 50 miles from, the rental unit for which a license is sought. The agent must have the same au- thority and responsibility as the property owner for maintaining the rental unit(s). E. Rental License Term: 1. Rental licenses will be issued for a term of two years. A rental li- cense issued during the course of the two-year license term will be put on the standard cycle for rent- al license expiration which results in longest license term, which may result in an initial rental li- cense term of less than two years. Exception: In year 2025, approxi- mately 50 percent of the total Page 564 of 1311 Book 154 Regular Session, December 16, 2024 478 number of rental licenses will be the name of the applicant property issued for a one-year term, to ex- owner, manager, or licensed real es- pire on December 31, 2025. The tate professional, provided the follow - intent of this division is to have ing criteria are met: approximately one half of the total 1. Property Maintenance Code rental licenses renew on subse- Warranty: The rental unit is war- quent alternating biennial years. ranted by the property owner, F. License Renewal: manager, or licensed real estate 1. Rental licenses shall be renewed professional to substantially com- every two years, upon notice is- ply with the Property Maintenance sued at the beginning of the cal- Code. endar year following expiration of 2. Fees: All fees required pursuant existing rental license(s). The to the issuance of a rental license rental license renewal application are paid in full to the City. will be sent to the property owner, 3. Successful Rental Property Man- or registered manager, or li- agement Class: censed real estate professional a. The property owner or manager holding the rental license(s). has completed the Successful 2. Application for renewal of a rental Rental Property Management license shall be made prior to Class (the program) or a pro - March 1 of the year following ex- gram of continuing education piration of an existing rental li- approved by the City Manager. cense. b. Until such time as the property G. Fees Due on license renewal: Rent- owner or manager has complet- al license fees will be invoiced with ed the program or an equivalent the rental license renewal application program of continuing education at the start of the calendar year fol- approved by the City Manager, lowing rental license expiration. only a conditional rental license Rental license fees must be paid by may be issued. March 1 sc of the renewal year. Failure c. Licensed real estate profes- to pay required fees is a violation of sionals are exempted from the this Code and may result in monetary program attendance require - penalties, license suspension, license ment. revocation, issuance of a notice to d. The City Manager may waive vacate to tenants, and/or issuance of the program requirement upon municipal infractions. the submission of a written re- H. Rental License Not Transferable: quest by a property owner, Rental licenses are not transferable manager, or licensed real estate from one property to another. It is the professional and after finding responsibility of the property owner, that: manager, or licensed real estate pro- (1) The property is properly li- fessional holding a rental license to censed by the City of Dubu- provide the City Manager written no- que; tice, within five (5) working days, of (2) The property has no histo- transferring or otherwise disposing of ry of priority category desig- ownership or control of the property. nation or any founded code The notice must include available in- violations within the previous formation on the buyer. Prepaid rental twelve (12) months; and license fees are eligible for a refund (3) A waiver will not provide for the period that the property is no the property owner with an longer owned by the license holder. unfair advantage in a com- Rental license fee refund requests petitive real estate market. must be made in writing and include 4. Criminal Background Checks: all required information per depart- a. The property owner, manager, ment policy. It is the responsibility of or licensed real estate profes- the property buyer to license the sional agrees to conduct crimi- property in their name within five (5) nal background checks for all working days of acquisition or other- prospective tenants whose ten - wise receiving ownership or control of ancy commences on or after Ju- the property. ly 1, 2011. A background check I. Conditions of Rental Licenses: The may be performed using the City Manager is hereby authorized to City's background check service issue and renew a rental license in or by another background check Page 565 of 1311 Book 154 Regular Session, December 16, 2024 479 service approved by the City censee for violation of any pro - Manager. The background vision of the Property Mainte- checks must be completed be- nance Code; fore the prospective tenant's b. Misrepresentation by the licen- tenancy begins. see of any material fact in the b. The City Manager may waive application for a rental license; the criminal background check c. Refusal by the licensee to per - requirement upon the submis- mit inspection of the licensed sion of a written request by a rental unit(s) by authorized City property owner, manager, or li- personnel; censed real estate professional d. Nonpayment of the fee for re - and after a finding that: newal of the rental license; (1) The property is properly li- e. Failure to attend the Successful censed by the City of Dubu- Rental Property Management que; Class; (2) The property has no histo- f. Failure to perform a required ry of priority category desig- criminal background check on nation or any founded code an applicant for tenancy after violations within the previous July 1, 2011; or twelve (12) months; and g. Failure of a priority category to (3) A waiver will not create a comply with an inspection danger to nearby residents. schedule or pay inspection fees. 5. Rental Property Inspections: Tenants will be relocated from a. The property owner, manager, the rental unit at the priority cat - or licensed real estate profes- egory's expense. sional shall make a rental prop- 2. Opportunity To Appeal: Prior to erty available for inspection by any suspension or revocation un- the City of Dubuque and shall der this subsection, the City Man - comply with the Iowa Code re- ager must give notice in writing to quirements for tenant notifica- the property owner, manager, or tion. licensed real estate professional b. The City Manager shall develop and provide for an opportunity to a written Rental Housing In- appeal. spection Program which shall 3. Period Of Revocation Or Sus - govern the cycle, frequency, pension: During the period of rev- recordkeeping, conditions, and ocation or suspension, a unit for self -inspection and self- which the rental license was sus - certification eligibility of rental pended or revoked may not be re - inspections. licensed. 6. Housing Choice Voucher Infor- 4. Notice To Licensee: The City mation: The property owner, Manager shall cause to be issued manager, or licensed real estate to the licensee a notice that the li- professional must provide infor- cense is suspended or revoked, mation at the time of rental li- setting forth the reason(s) there- cense renewal for each structure, for. The notice shall be sent by on the number of units, by struc- certified United States mail to the ture, owned or managed by the licensee at the address on file property owner, manager, or li- with the City Manager. censed real estate professional 5. Appeal: The licensee may appeal which accept housing choice the decision of the City Manager vouchers. to the Housing Appeals and Me- J. Suspension and Revocation Of diation Board. An appeal must be Rental License: filed, in writing, within twenty (20) 1. Causes: The City Manager may, days from the date of the notice of for good cause, suspend or re- suspension or revocation. voke a rental license for a rental 6. Notice To Tenant: Upon suspen- unit, and in the case of a multi- sion or revocation the City Man - family dwelling, suspend the li- ager must give written notice of cense as to one or more rental the suspension or revocation of units for a period not to exceed the license to each tenant, requir- one year for any of the following: ing the tenant to vacate the prem- a. Conviction, judgment, plea of ises within a time frame deter - guilty, or finding of guilt of the li- mined by the City Manager if de - Page 566 of 1311 Book 154 Regular Session, December 16, 2024 480 termined necessary. Any tenant CLOSED SESSION who fails to vacate the premises after such time shall be subject to Motion by Jones to convene in closed ses- penalties under title 1, chapter 4 sion at 8:10 p.m. to discuss Pending Litigation of this Code. and Purchase or Sale of Real Estate — Chap- 7. Relocation Of Tenants: If sus- ter 21.5(1)(c),Q) Code of Iowa. Seconded by pension or revocation of a rental Wethal. Mayor Cavanagh stated for the record license is the responsibility of the that the attorney who will consult with City property owner, manager, or li- Council on the issues to be discussed in the censed real estate professional, closed session is City Attorney Brumwell. Mo- as determined by the City Man- tion carried 7-0. ager, then any displaced tenants The City Council reconvened in open ses- shall be relocated at the property sion at 9:57 p.m. stating that staff had been owner, manager, or licensed real given proper direction. estate professional's expense and the City Manager is authorized to ADJOURNMENT assess the rental property for any costs incurred by the City. There being no further business, Mayor .... Cavanagh declared the meeting adjourned at Section 2. This ordinance shall take effect 9:57 p.m. upon publication. Passed, approved, and adopted this 16th /s/Adrienne N. Breitfelder, CIVIC, City Clerk day of December 2024. Brad Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 11. Work Session Request: Capital Im- provement Projects GIS Application: Motion by Resnick to receive and file the documents and schedule the work session for 6:00 p.m. on January 21, 2025. Seconded by Jones. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Farber highlighted a re- cent donation from John and Alice Butler to the University of Dubuque (UD) for the creation of a medical school. Farber also reported on at- tending a recent Federal Communications Commission (FCC) committee meeting. Council Member Jones also discussed the LID announcement and noted public safety staff's annual holiday visit to Hills and Dales. Council Member Wethal addressed the re- cent school shooting in Madison, WI, and commented on the LID announcement. Council Member Sprank reported on at- tending neighborhood association meetings, the Merry Millwork Market, and volunteering at a recent food giveaway. Sprank also empha- sized the importance of securing a new tenant for the upcoming vacancy on Central Avenue due to Hartig Drug's departure. Mayor Cavanagh reflected on the Madison school shooting and the LID announcement. He also highlighted the community's current momentum driven by recent projects and initia- tives, expressing excitement for the future. Page 567 of 1311 A A&M Trading.......................................................................................................................................................367 A.Y. McDonald Park.............................................................................................................................................252 Ace Construction - Dubuque, L.L.0........................................................................................................................83 ActiveAggressor...................................................................................................................................... 26, 92, 157 ADA Sidewalk Curb Ramp Project.................................................................142, 159, 163, 181, 236, 391, 392, 393 Adobo's Mexican Grill..........................................................................................................................................182 Adolf, Kami............................................................................................................................................................29 Advance Cancer Prevention and Care for Blacks/African Americans Program ....................................................126 AECOM Technical Services, Inc...................................................................................................................... 19,125 AEDProgram..........................................................................................................................................................59 Agenda and Meeting Management Software................................................................................ 26, 173, 246, 329 AirBnB.................................................................................................................................................................257 AirportCommission.............................................................................................................................................195 Minutes.........................................................................................................59, 94, 137, 224, 251, 330, 346, 376 Airport Zoning Commission Membership............................................................................................................................................ 184,221 AladdinCampus Dining........................................................................................................................................335 AldiFood Stores...................................................................................................................................................367 AlfredCaldwell.......................................................................................................................................................64 AlliantAmphitheater...........................................................................................................................................253 AlliantEnergy.................................................................................................................................................30, 391 Alpine Mobile Home Park............................................................................................................................246, 344 AlrekBusiness Solutions Inc...................................................................................................................................32 AlteredState, The........................................................................................................................................ 183,419 Alternative Learning Center............................................................................................................................. 15,27 Althauser Street Retaining Wall Repair Project...................................................................................................180 Althauser Street Watermain and Sanitary Sewer Reconstruction Project.........................................................2, 84 American Council of Engineering Companies (ACEC)..........................................................................................175 AmericanCruise Lines..........................................................................................................................................228 American Flood Coalition............................................................................................................... 64, 134, 173, 246 AmericanLegion Post 6.......................................................................................................................................182 AmericanMarine.................................................................................................................................................225 AmericanTrust and Savings Bank..........................................................................................................................79 AmeriCorps............................................................................................................................ 68, 239, 344, 358, 389 Amick, Captain David, Salvation Army of Dubuque.............................................................................................121 Amphitheater Loan Agreement.............................................................................................. See Loan Agreements Anderschau, Jessica, Green Iowa AmeriCorps Climate Action Activator...............................................................68 Anderson, Carla............................................................................................................................................. 81,185 Anderson, Linda...................................................................................................................................................184 Annual Comprehensive Financial Report (ACFR).................................................................................................373 Applebee's Neighborhood Grill and Bar..............................................................................................................229 AreaResidential Care................................................................................................................................... 104,365 Army, Corps of Engineers (USACE)......................................................................................................................235 ArtFor Us...............................................................................................................................................................17 Arton the River............................................................................................................................................. 95,259 Artificial Intelligence (AI)......................................................................................................... 27, 57, 246, 375, 406 Arts and Cultural Affairs Advisory Commission.....................................................................................................83 Membership............................................................................................................................ 183, 220, 408, 424 Minutes...........................................................................................................7, 59, 121, 137, 224, 251, 346, 376 Operating Support Grant Application Modification...........................................................................................19 Page 568 of 1311 ASMGlobal..........................................................................................................................................................139 Assessed and Taxable Valuations..........................................................................................................................14 Assessments Grass and Weed Cutting and Garbage Collection.................................................................................... 271,379 John F. Kennedy Rd. 2022 Sidewalk Project......................................................................................................61 Pickett Street Rehabilitation Project................................................................................................................236 SRF Green Alley Project................................................................................................................... 352, 353, 383 Transferof Funds.............................................................................................................................................234 AtwellGroup........................................................................................................................................ 365, 368, 383 AuditServices...................................................................................................................................................... 366 AudubonElementary...................................................................................................................................135, 210 AutoWorkers AFL-CIO........................................................................................................................................... 33 Automated License Plate Reader (ALPR) system......................................................................................... 356,357 Automated Speed Enforcement........................................................................................................................ 5,19 AveloAirlines...........................................................................................................................................................6 Awards and Recognition Program.........................................................................................................................26 BackpocketDubuque...........................................................................................................................................104 Baker, Camille..............................................................................................................................................233, 251 Baraboo's On Main..............................................................................................................................................367 BarrelHouse Dubuque.........................................................................................................................................367 Battleof the Bluffs Rodeo...................................................................................................................................... 58 Baum, Alex, Community Foundation of Greater Dubuque..........................................................................120, 136 Baumhover, Jackie...............................................................................................................................................184 Bearsighting........................................................................................................................................................ 210 BeartoothMusic..................................................................................................................................................214 BedBugs.............................................................................................................................................................. 387 Bee Branch Creek Project...................................................................................................... 19, 142, 214, 364, 375 Bee Branch Creek Railroad Culverts and Pedestrian Tunnel Project Award........................................................175 BeecherLiquor.............................................................................................................................................183, 418 BeecherWine and Spirit......................................................................................................................................182 Bees, Claudette....................................................................................................................................................175 Before and After School Programming................................................................................................................252 Belcastro, Frank...................................................................................................................................................108 BellStreet, 501......................................................................................................................................................39 BellTower Productions........................................................................................................................................ 229 Bennett, Robert...................................................................................................................................................107 Bergfeld, Deann.....................................................................................................................................................83 Bermudez, Ana....................................................................................................................................................120 Berntgen, Chris........................................................................................................................................................1 Bertsch, Brooks, Saint 4 Life Foundation...............................................................................................................82 BettyJane Candies...............................................................................................................................................335 Biden, Joe, President........................................................................................................................................... 375 BiesDrive, 1502...................................................................................................................................................332 Big10 Mart Stores.......................................................................................................................................163, 395 Bixler, Andrea......................................................................................................................................................108 BlackMen's Coalition..........................................................................................................................................246 Blakeley Ihrig, Denise, Blakeley Water Management..........................................................................................228 BlendBusiness Dining..........................................................................................................................................395 Blocktoberfest..................................................................................................................................................... 344 Bloomberg Youth Climate Action Grant.......................................................................................................... 64, 95 BluffStreet, 1047.................................................................................................................................................146 Page 569 of 1311 BluffStreet, 231................................................................................................................................................... 269 BluffStreet, 945...................................................................................................................................................119 BluffStrokes.........................................................................................................................................................356 Boardof Education.............................................................................................................................................. 241 Board of Library Trustees Membership.................................................................................................................................... 183, 220, 274 Boardof Supervisors............................................................................................................................................197 Boards and Committees Appointments for City Council Member...........................................................................5 Boating Infrastructure Tier 1 Grant - Dredge.......................................................................................................348 Bodish, Becky, Four Mounds...............................................................................................................................233 Bolton & Menk, Inc.........................................................................................................65, 103, 136, 168, 211, 402 Bonds/Notes FireFacilities and Equipment...........................................................................................................................377 Series 2021A, 2021E and 2021C......................................................................................................................122 Series2025ABC................................................................................................................................................421 Sewer Revenue.......................................................................................................3, 13, 122, 264, 336, 350, 373 Tax Increment Revenue Obligations ..... 72, 89, 104, 127, 133, 146, 149, 164, 165, 166, 190, 191, 254, 276, 371, 380, 385, 395, 396, 397, 398, 401, 409, 410, 411, 419 Water Revenue Capital Loan...................................................................................................................393, 394 Bonifas, Ryan, Grand River Center General Manager..........................................................................................358 BoomerangCorp..................................................................................................................................................193 Botanicanna................................................................................................................................................. 163,367 Boys and Girl Club of Greater Dubuque.................................................................................................................96 BPFuel......................................................................................................................................................... 163,367 BranchingOut Dubuque......................................................................................................................................329 Brandt, Pamela....................................................................................................................................................156 BrazenOpen Kitchen Bar.....................................................................................................................................418 Breen, Marilyn, Sisters of the Presentation of the Blessed Virgin Mary Sister....................................................376 Brewer, Chris, AECOM Technical Services, Inc. Vice President of Economics and Planning..................................27 BridgeRestaurant................................................................................................................................................354 Broadband........................................................................................................................................................... 250 Broadway Sanitary Sewer Improvements Project............................................................................... 369, 405, 418 Brown, Wayne, Post 508 Commander.................................................................................................................358 Brownfields Assessment Funds...........................................................................................................................252 Budget Adoption..........................................................................................................................................................107 Amendment............................................................................................................................................. 132,152 Annual Public Housing Agency (PHA) Plan.........................................................................................................89 GrandRiver Center..........................................................................................................................................139 HousingDepartment......................................................................................................................................... 25 Presentations............................................................................................................77, 79, 80, 81, 90, 91, 92, 93 PublicHearing.................................................................................................................................. 66, 78, 79, 91 BuffaloWild Wings..............................................................................................................................................146 Building Bridges to Employment and Equity (B2E2) Project..........................................................................37, 345 Building Code Advisory and Appeals Board Membership..................................................................................................................................................4, 12 Bullock, Dr. Jeffrey, President of the University of Dubuque..............................................................................135 Bunker Hill Golf Course........................................................................................................ 104, 366, 382, 393, 402 Burgart, Brenna, Mental Health America of Dubuque County............................................................................121 Burlington Street Water Main Improvement Project..........................................................................................123 Butler Children's Garden Foundation, Inc............................................................................................................160 Butler, John and Alice..........................................................................................................................................480 Page 570 of 1311 :0 Cable Television Commission Membership............................................................................................................................................183, 220 Minutes........................................................................................................................................ 59, 68, 376, 406 CafaroCompany..........................................................................................................................................187, 189 Cafaro, Anthony M, Jr..........................................................................................................................................189 CaledoniaPark.......................................................................................................................................................26 Callto Action................................................................................................................................................ 231,250 CallahanConstruction, Inc...................................................................................................................................236 Camiros................................................................................................................................................................194 CampAlbrecht Acres.............................................................................................................................................33 CanfieldHotel......................................................................................................................................................367 CapraBank............................................................................................................................................. 60, 252, 386 Carbon Disclosure Project......................................................................................................................................17 CARich Properties, LLC......................................................................................................................... 254, 275, 276 CarlosO'Kelly's Mexican Cafe..............................................................................................................................367 Carnegie -Stout Public Library .......................................................................6, 58, 80, 210, 259, 281, 304, 429, 454 Carner, Felicia......................................................................................................................................................402 Caroll, Carole.......................................................................................................................................................376 Casey's General Stores................................................................................................................................163, 367 CatfishCharlie's...................................................................................................................................................104 Catfish Creek Watershed Management Authority........................................................................................... 32,95 Membership...................................................................................................................................... 32, 371, 382 Catherine Street Storm Sewer Project.................................................................................................................143 Catholic Charities of the Archdiocese of Dubuque ..............................................................................................179 CBDC, LLC......................................................................................................................................................... 72,89 COS, LLC.............................................................................................................................................................. 332 Cedar Crest Ridge, 3100....................................................................................................................... 235, 274, 341 CelebrationBelle................................................................................................................................................. 228 CentralAvenue, 1199..................................................................................................................................147, 167 CentralAvenue, 1301.................................................................................................................................... 69,171 CentralAvenue, 1527..........................................................................................................................................170 CentralAvenue, 1701..........................................................................................................................................170 CentralAvenue, 1706.................................................................................................................................. 254,275 CentralAvenue, 1739-1763...................................................................................................................................69 CentralAvenue, 897............................................................................................................................................343 CentralGrocery and Beauty.................................................................................................................................183 CentralSquare Technologies................................................................................................................................ 356 Chamber of Commerce.........................................................................................................27, 58, 64, 77, 134, 389 Chaplain Schmitt Island................................................................................................................See Schmitt Island Chapman, Gregory and Jackie.............................................................................................................................175 ChavenelleDrive, 8025........................................................................................................................................416 ChavenelleRoad, 7900............................................................................................................................................5 Chesney, David and Randa..................................................................................................................................238 Childcare..........................................................................................................................................................69, 72 Childhood Lead Poisoning Prevention Program..................................................................................................272 ChipotleMexican Grill.........................................................................................................................................335 Chopper's............................................................................................................................................................... 71 Chronic Wasting Disease(CWD)..................................................................................................................125, 126 CitiesForward Initiative.......................................................................................................................................101 CitizenParticipation Plan.....................................................................................................................................126 CitizenserveSoftware..........................................................................................................................................145 CityCouncil Goals & Priorities.............................................................................................................................378 Page 571 of 1311 CityGirl Farming..........................................................................................................................................359, 360 City Hall Annex Roof Replacement Project..........................................................................................................378 CityLife.......................................................................................................................................... 26, 120, 259, 413 Cityof Asbury......................................................................................................................................................... 32 Cityof Centralia.....................................................................................................................................................32 Cityof Peosta.........................................................................................................................................................32 Cityof Sageville......................................................................................................................................................17 City -County Communications & Marketing Association(3CMA).........................................................................357 City -Owned Property....................................................................................................105, 131, 133, 151, 340, 420 Civic Center.............................................................................................................................. See Five Flags Center Civic Center Advisory Commission Membership.................................................................................................................... 183, 220, 338, 354, 373 Minutes.......................................................................................................................68, 121, 211, 376, 406, 414 CivicPlus............................................................................................................................................... 173, 181, 246 Civil Service Commission Certified List............................................................................................................................... 69, 103, 182, 366 Membership..............................................................................................................................................88, 133 Minutes...................................................................................................1, 82, 121, 137, 175, 211, 233, 330, 358 Clarity Clinic Pregnancy Center............................................................................................................................359 Clark, Keith...........................................................................................................................................................262 Clark, Nancy.........................................................................................................................................................156 ClarkeUniversity............................................................................................................................................58, 104 Classyand Chic Boutique.......................................................................................................................................71 Claycomb, Edward and Diane..............................................................................................................................158 Climate Action Plan (CAP).............................................................................96, 97, 98, 99, 100, 359, 360, 361, 362 Colehour, April.......................................................................................................................................................29 Collective Bargaining Agreements........................................................................................... 64, 76, 154, 168, 218 Collins Community Credit Union....................................................................................................................60, 252 Comiskey Park.................................................................................................................65, 135, 210, 239, 272, 334 Commercial Air Service............................................................................................................ 58, 64, 261, 329, 375 CommercialBanking Services..............................................................................................................................386 Community Development Advisory Commission Membership...........................................................................................................20, 24, 33, 158, 338, 354, 379 Minutes.................................................................................................29, 94, 121, 137, 224, 233, 330, 376, 406 Community Development Block Grant (CDBG)............... 19, 126, 145, 156, 214, 235, 242, 333, 340, 365, 366, 417 Community Foundation of Greater Dubuque...................................................................... 120, 136, 157, 176, 223 Community of Character Award..........................................................................................................................251 ConlonConstruction Co.......................................................................................................................................426 Connors, Joyce.....................................................................................................................................................356 Consolidated Annual Performance and Evaluation Report (CAPER)....................................................................417 ConsolidatedFunding..........................................................................................................................................132 Consolidated Funding Application...............................................................................................................132, 192 Consolidated Rail Infrastructure and Safety Improvements (CRISI)..............................................................37, 154 Convivium Urban Farmstead................................................................................................................. 33, 359, 361 Cook, H.R. , Iowa Honey Producers Association and Swiss Valley Bee Club..........................................................68 Cook, Steve..........................................................................................................................................................167 Copley, Sheri........................................................................................................................................................121 CopperKettle Inc., The........................................................................................................................................335 Corridordbq, LLC.......................................................................................................................................... 168,170 Costello, Lorna..................................................................................................................................................... 276 Cottingham& Butler............................................................................................................................................125 CountyBoard of Health........................................................................................................................... 8,214,272 Cox, Kyle................................................................................................................................................................ 64 Creating an Equitable Community of Choice.........................................................................................................15 Page 572 of 1311 CreativeAdventure Lab.......................................................................................................................................126 Crescent Community Health Center............................................................................................ 126, 214, 233, 391 CummerMasonry Inc............................................................................................................................................94 CurbsideCollections..............................................................................................................................................26 Cyze, Mike, Dubuque Community Schools Chief Communication Officer...........................................................157 Dalton, Hilary............................................................................................................................................... 121,187 Dan Davis, Principal of Universal Tank & Fabrication, Inc....................................................................................411 DaysInn & Spirits Bar & Grill...............................................................................................................................146 Daysof Caring......................................................................................................................................................135 Dement, Thea.............................................................................................................................................. 121,134 Denham,Jonathan...............................................................................................................................................175 Denny's Lux Club..................................................................................................................................................335 DenverAir............................................................................................................................................ 329, 356, 388 Department of Transportation (DOT)................................................................................................................9, 86 Destination Iowa Outdoor Recreation Fund grant..............................................................................................401 DevelopmentAgreemenst...................................................................................................................................419 Development Agreements.. 69, 72, 89, 102, 104, 127, 133, 149, 164, 190, 191, 247, 254, 263, 275, 331, 339, 366, 370, 380, 385, 395, 396, 397, 398, 401, 409, 410, 411, 426 DiamondJo Casino....................................................................................................................................... 163,182 Dickinson, Rick, Greater Dubuque Development Corporation President and CEO..26, 64, 134, 174, 189, 231, 250, 357,414 DigitalLiteracy.....................................................................................................................................................136 Dimensional Brewing Co...................................................................................................................... 183, 253, 367 Disaster Mitigation Act of 2000............................................................................................................................. 20 DistinctivelyDubuque............................................................................................................................................84 Dixon, Alex, Dubuque Racing Association (DRA) President and CEO ..........................26, 27, 92, 224, 233, 401, 425 Dixon, Yindra........................................................................................................................................................411 DockingAgreement............................................................................................................................................. 228 DogExpo..............................................................................................................................................................210 DogHouse Lounge.................................................................................................................................................33 Dogsin Parks........................................................................................................................................................328 DollarGeneral Stores.....................................................................................................................................33, 183 Dolphin, Ross.......................................................................................................................................................225 DowntownGas & Grocery............................................................................................................................. 10,163 Downtown Rehabilitation Program............................................................................................................. 167,386 Doyle, Jamie Joe.......................................................................................................................................... 390,407 DrakeHouse South, LLC...............................................................................................................................235, 274 DrakeUniversity.......................................................................................................................................... 193,251 DreamCenter.............................................................................................................................................. 176,402 Dredging...........................................................................................................................85, 87, 107, 124, 145, 407 Dregne, Eric.........................................................................................................................................................185 Dresdner, Andrew, Bolton & Menk, Inc. Senior Urban Designer......................................................... 136, 211, 345 Drew Cook & Sons Excavating Company Inc................................................................................ 159, 160, 181, 392 Drugand Alcohol Policy.......................................................................................................................................418 Dubuque Arboretum & Botanical Gardens.......................................................................... 160, 259, 276, 356, 359 Dubuque Area Labor Harvest..............................................................................................................................344 Dubuque Area Labor -Management Council........................................................................................................176 Dubuque Bank & Trust Company........................................................................................................... 60, 252, 386 Dubuque Barge and Fleeting Service Company...................................................................................................145 DubuqueBowling Lanes......................................................................................................................................182 Page 573 of 1311 Dubuque Brewing and Malting Building, 3000 Jackson Street ...... 4, 14, 25, 31, 64, 69, 87, 95, 126, 145, 154, 160, 192, 218, 231, 243, 252, 394 DubuqueCasino Hotel LLC.....................................................................................................................................79 DubuqueCellular Telephone, L.P.........................................................................................................................268 Dubuque Childcare Collaborative, LLC.....................................................................................................................5 Dubuque Community Action for Sustainable, Clean and Democratized Energy (C.A.S.C.A.D.E.) ........................193 Dubuque Community Resilience Hub Project......................................................................................................402 Dubuque Community School District....................................................................2, 59, 84, 121, 157, 223, 252, 379 DubuqueCommunity YMCA................................................................................................................................126 Dubuque County Historical Society (DCHS)........................................................................................... 64, 399, 412 DubuqueDiscount Gas........................................................................................................................ 127, 146, 183 DubuqueFighting Saints......................................................................................................................................335 Dubuque Fine Liquor & Tobacco.........................................................................................................................367 DubuqueForward........................................................................................................................................167, 343 Dubuque Gate & Pump Station Flood Mitigation................................................................................................423 Dubuque Golf & Country Club............................................................................................................. 176, 214, 418 Dubuque Housing, LLC......................................................................................................................... 227, 370, 385 Dubuque Initiatives.................................................................................................................. 5, 147, 167, 168, 170 DubuqueLodge No. 355......................................................................................................................................104 Dubuque Main Street, Ltd..............................................................30, 104, 135, 176, 223, 253, 270, 375, 413, 416 DubuqueMarina..................................................................................................................................................348 Dubuque Marina and Yardarm..............................................................................................................................71 Dubuque Metropolitan Area Solid Waste Agency (DMASWA)................................................ 34, 65, 135, 160, 406 Dubuque Metropolitan Area Transportation Study(DMATS).................................................................. 26, 37, 363 DubuqueMining Co....................................................................................................................................... 33,183 Dubuque Museum of Art..............................................................................................281, 304, 388, 418, 429, 453 Dubuque Professional Firefighters' Association (DPFA)......................................................................................154 Dubuque Racing Association (DRA)......................................................14, 78, 87, 92, 329, 356, 380, 391, 401, 413 DubuqueReligious Center, Inc..............................................................................................................................10 Dubuque Rescue Mission Garden................................................................................................................359, 363 Dubuque Senior High School..................................................................................................................... 7, 27, 120 Dubuque Soil and Water Conservation District(DSWCD)......................................................................................95 DubuqueSouth Pointe, LLC.................................................................................................................................163 Dubuque Stamping & Manufacturing..............................................................................................................15, 58 DubuqueStar Brewery ........................................................................................................................................104 DubuqueSymphony............................................................................................................................................356 DubuqueTobacco & Grocery...............................................................................................................................183 DubuqueWine & Spirits......................................................................................................................................183 DuluthHoldings, Inc.............................................................................................................................................426 DungeonLtd..........................................................................................................................................................33 Dunning, Catherine................................................................................................................................................68 Dupaco Community Credit Union.................................................................................................................. 60,252 Dusty's Doghouse Lounge....................................................................................................................................367 DuTrac Community Credit Union................................................................................................................... 60,252 E E.J's Wine Shop....................................................................................................................................................182 E3021- LID Party with Sparty..............................................................................................................................183 EagleCountry Market..........................................................................................................................................163 Eagle Point Park..................................................................................................................... 64, 101, 145, 328, 367 EaglePoint Water Plant.......................................................................................................................................405 EagleStreet........................................................................................................................................................ 2,84 EagleValley Park............................................................................................................................ 25, 131, 151, 194 Page 574 of 1311 EaglesClub.............................................................................................................................................................71 Easements AccessAgreement...........................................................................................................................................160 Access and Maintenance as Part of the 2024 SRF Green Alley Project............................................................348 AlongAlthauser Street................................................................................................................................... 2,84 Embankment 2091 Harpy Eagle Court.............................................................................................................363 Embankment off Old Mill Road........................................................................................................................216 Permanent Signage across QWEST Corporation Property...............................................................................124 Public Utilities at 1502 Bies Drive....................................................................................................................332 Public Utilities over 1562 Kebbie Drive............................................................................................................332 Rabbit Hollow Nature Conservancy, Inc.................................................................................................. 179,216 SanitarySewer.................................................................................................................................................227 StormSewer Utilities.........................................................................................................................................60 Storm Water Detention Basin Access.............................................................................................. 235, 274, 341 WaterMain Utilities....................................................................................................................................9, 236 East 241h Street Site Contaminated Soil Removal Project....................................................................................272 East Central Intergovernmental Association(ECIA)............................................................................... 37, 363, 364 Eastern Iowa Excavating & Concrete, LLC.............................................124, 159, 218, 238, 343, 347, 349, 374, 379 East-West Corridor Capacity Improvements.......................................................................................................215 Economic Development Assistance Contract......................................................................................................416 EcumenicalTower................................................................................................................................................179 EdenbrookLane...................................................................................................................................................161 Egelhof, Siegert & Casper Funeral Home.............................................................................................................253 Eight Hundred Ninety -Seven (897) Central Park..........................................................................................343, 344 Eipperle, Kevin FEH Design Principal.......................................................................................................................6 ElPaisano...............................................................................................................................................................10 EL1Dubuque..................................................................................................................................................33, 418 Electric Transmission System................................................................................................................. 70, 334, 415 Elenz, Mark..........................................................................................................................................................184 Ellerbach, Scott, Junior Achievement of the Heartland.........................................................................................82 Ellison, Denise..............................................................................................................................................406, 407 Emergency Communications Center (E911)......................................................................................................5, 65 Emerson, Stephen, Dubuque Brewing and Malting Building owner.......................................................... 4, 14, 154 EminentDomain....................................................................................................................................................83 Employee Recognition Committee......................................................................................................................121 EMRIApartment Development...........................................................................................................................227 EnergyDistrict.......................................................................................................................................................64 Engine505, Newly purchased................................................................................................................................15 Engineering & Construction Innovations, Inc......................................................................................................142 English Ridge Park...................................................................................................................... 3, 37, 131, 151, 194 Enterprise Resource Planning(ERP).....................................................................................................................386 EquitableCommunity Grant................................................................................................................................160 Equitable Fines and Fees Service Program..........................................................................................................389 Equitable Poverty Reduction & Prevention Plan......................................................................................... 134,174 Equity and Human Rights Commission Membership...................................................................................................4, 12, 183, 220, 351, 371, 382, 408 Minutes......................................................................................... 82, 94, 175, 211, 224, 330, 358, 376, 389, 406 Mmbership......................................................................................................................................................424 Ordinance........................................................................................................................................................403 Erba, Nino........................................................................................................................................ 24, 81, 154, 156 Erschen, Michael and Denise....................................................................................................................... 147,167 Essential Purpose Loan........................................................................................................... See Loan Agreements Eubanks, Latoya.....................................................................................................................................................68 Europa Haus Restaurant & Bierstube..................................................................................................................367 Page 575 of 1311 Excess Flow Tank Waste Removal and Hauling...................................................................................................145 ExtraMile America..............................................................................................................................................358 EZStop Stores........................................................................................................................................ 71, 163,367 Faith Temple United Pentecostal Church..............................................................................................................18 FamilyDollar Stores.............................................................................................................................................163 Family Self Sufficiency Coordinator Grant...........................................................................................................123 FarewayStores....................................................................................................................................................163 Farley& Loetscher, LLC.................................................................................................................................. 69, 138 Farm, The.............................................................................................................................................................139 Farmers' Market.................................................................................................................. 135, 176, 211, 253, 344 FasMart.........................................................................................................................................................33, 183 FastFreddy's........................................................................................................................................................367 FatTuesday's....................................................................................................................................................... 335 FCCConference...................................................................................................................................................232 Federal Building Loan Agreement........................................................................................... See Loan Agreements Federal Communications Commission (FCC) Intergovernmental Advisory Committee .57, 173, 259, 356, 375, 480 Federal Emergency Management Agency Pre -Disaster Mitigation Grant...........................................................214 Federal Emergency Management Agency Region VI ............................................................................................21 Fee Increases........................................................................................ 25, 26, 30, 82, 109, 110, 111, 118, 181, 389 FeldermanRealty.................................................................................................................................................225 Fetter, Jacqueline................................................................................................................................................376 FidelityBank & Trust...................................................................................................................................... 60,252 Fieldof Dreams............................................................................................................................................ 356,408 Fiesta Cancun Authentic Mexican Restaurant.....................................................................................................335 FightingSaints........................................................................................................................................................82 Finke, Kevin..........................................................................................................................................................386 Fire Department's Hall of Fame Awards..............................................................................................................135 Fireworks Permit...............................................................................................................8, 124, 176, 214, 223, 252 First(15Y) & Main..................................................................................................................................................229 FirstCongregational Church................................................................................................................................268 FirstReserve........................................................................................................................................................ 335 FischerLanes.......................................................................................................................................................182 FitzGerald Deconstruction & Reuse.....................................................................................................................154 FitzGerald, Kyle....................................................................................................................................................154 Five Flags Center..................................................................... 8, 58, 68, 93, 121, 124, 182, 211, 373, 376, 406, 414 Five Flags Civic Center Advisory Commission ............................................... See Civic Center Advisory Commission Flanagan, Annie...................................................................................................................................................108 FleetFueling System............................................................................................................................................102 Fleet Maintenance Operations............................................................................................................................102 Flynn, Thomas......................................................................................................................................................386 FoodieGarage Eatery..........................................................................................................................................104 Forest Service Urban & Community Forest Program Grant.................................................................................139 Fortman, Hennessey............................................................................................................................................225 Fortson, Zoie..........................................................................................................................................................24 Forward Investments Group LLC................................................................................................................. 146,166 Fountainof Youth Program......................................................................................................................... 118,176 Four Mounds....................................................................................................................... 173, 176, 214, 233, 356 Four Oaks Family and Children's Services.................................................................................................... 176,177 Fourteen Hundred (1400) Central, LLC........................................................................................................397, 410 FoxDen Motel.....................................................................................................................................................182 Frampton, Travis, University of Dubuque President....................................................................................251, 357 Page 576 of 1311 Francois, Mary Jo Jean, Community Foundation of Greater Dubuque Vice President........................................136 FranniesBbq LLC..................................................................................................................................................146 FuelExpress Food Mart......................................................................................................................... 71, 183, 418 FujiAsian Buffet.....................................................................................................................................................10 Fuller, Tut.............................................................................................................................................................386 FunStation Dubuque, The...................................................................................................................................253 Fund Transfers............................................................................................................................. 212, 225, 234, 263 FundersNetwork's (TFN), The...............................................................................................................................64 G Gardensof Dubuque Project...................................................................................................................................2 GaryDolphin's Bar.......................................................................................................................................367, 418 Gassman, Vicki, Mental Health America of Dubuque County..............................................................................121 General Obligation Loan Agreement...................................................................................... See Loan Agreements Geraghty, Dennis and Julianne....................................................................................................................233, 251 GieseRoofing Co..................................................................................................................................................378 Gillitzer, Brian and Briony............................................................................................................................233, 234 GinRickeys.............................................................................................................................................................33 GlassHouse LLC.....................................................................................................................................................17 GoldStandard Athletics.......................................................................................................................................272 Gonyier, Lucas.....................................................................................................................................................175 Goodmann Miller, Ellen, Four Mounds................................................................................................................233 GoogleHeadquarters...........................................................................................................................................232 Goose, The...........................................................................................................................................................253 Gorman, Kathy...............................................................................................................................................59, 243 Gorun, Marilyn.....................................................................................................................................................108 Government Finance Officers Association (GFOA) Distinguished Budget Award................................................402 Governor's Traffic Safety Bureau (GTSB).............................................................................................................330 Grand Harbor Resort & Water Park.....................................................................................................................395 GrandOpera House, The.....................................................................................................................................182 Grand River Center...................................................................................................33, 71, 139, 259, 260, 261, 358 GrandTap, The....................................................................................................................................................335 Granger Creek Lift Station Improvements Project............................................................................... 129, 150, 194 Grant Agreement...................................................................... 70, 71, 101, 146, 147, 166, 167, 276, 348, 364, 417 GrantFunding......................................................................................................................................................212 GrayfieldTax Credit Projects...............................................................................................................................270 GreatVape, The........................................................................................................................................... 163,419 Greater Dubuque Development Corporation (GDDC) ..... 64, 84, 134, 174, 176, 231, 239, 246, 344, 356, 357, 374, 414 GreenState Credit Union............................................................................................................................... 60,252 Green, Teresa......................................................................................................................................................156 GreenhouseGas(GHG)........................................................................................................................................359 GreenleafTobacco & Vape..................................................................................................................................163 GreyhoundPark, 1855.........................................................................................................................................380 Gross, Will............................................................................................................................................................185 Growing Sustainable Communities Conference............................................................................ 16, 119, 134, 135 H Habitatfor Humanity........................................................................................................................... 185, 232, 419 Hadee, May, International City/County Management Association (ICMA) Young Southeast Asian Leaders Initiative (YSEALI)) Fellow................................................................................................................................346 Hall, Tommie........................................................................................................................................................156 Page 577 of 1311 Hallstoos, Brian, Nathaniel Morgan Memorial Committee.................................................................................262 Hammel, Kris........................................................................................................................................................156 Hammerheads Bar & Billiards........................................................................................................................ 33,163 Hankenson, Deb...................................................................................................................................................156 Hansen, Olivia......................................................................................................................................................225 Happy Joe's Old Fashioned Ice Cream & Pizza Parlor.......................................................................................... 367 Happy's Place.......................................................................................................................................................395 HarborArea Dredging............................................................................................................................................85 Harkey, Douglas.....................................................................................................................................................29 HarpyEagle Court, 2091......................................................................................................................................363 HartigDrug Stores............................................................................................................................... 163, 367, 480 Hartig, David S. Jr.................................................................................................................................................350 Hastings, Samantha, Fountain of Youth Program................................................................................................406 Hawkeye Area Community Action Program(HACAP)............................................................................................65 Hawkins, Amy, Dubuque Community School District Superintendent..................................................................59 Hawks Goodmann & Associates..........................................................................................................................427 HawthorneStreet................................................................................................................................................417 HDREngineering....................................................................................................................................................58 Healy, Shirley A....................................................................................................................................................108 Heisdorf, Josh......................................................................................................................................................251 Heister, Angela, Waypoint Services.....................................................................................................................346 HempsteadHigh School.........................................................................................................................................59 Herbst, David....................................................................................................................................................... 349 HeritageWorks......................................................................................................................................................64 Hernandez, Carmen, Sisters of the Presentation of the Blessed Virgin Mary Sister............................................376 Herrig, Paul and Paula.........................................................................................................................................137 Hess, Richard.......................................................................................................................................................225 Hessong, Janie, UAG Education Specialist............................................................................................................120 HHHEnterprises, LLC...........................................................................................................................................331 HillcrestFamily Services.......................................................................................................................................118 Hillsand Dales......................................................................................................................................................480 Hilton Garden Inn & Q Casino & Houlihan's........................................................................................................146 Hinson, Ashley, Congresswoman.................................................................................................................126, 246 Hirtz, Jenna, Dubuque Arboretum & Botanical Gardens Executive Director.......................................................276 HistoricBuilding Code..........................................................................................................................................221 Historic Millwork District Master Plan......................................................................................... 134, 136, 168, 355 Historic Preservation Commission AnnualWorkplan...............................................................................................................................................32 CertifiedLocal Government...............................................................................................................................19 Membership............................................................................................................................ 183, 220, 255, 274 Minutes...........................................................................................16, 59, 83, 121, 233, 262, 346, 376, 406, 414 HistoricStructure Report ............................................................................................................................... 64,145 Hockenberry, Nic, Greater Dubuque Development Corporation Director of Workforce Programming..............250 Hockenberry, Sandy.............................................................................................................................................108 Hoffmann, Kathy..................................................................................................................................................156 HolidayInn Dubuque Five Flags...........................................................................................................................418 Holmes, Halanier.................................................................................................................................................390 HolyFamily Catholic Schools....................................................................................................................... 121,223 HOMEARP Funds...................................................................................................................................................69 HometownBank............................................................................................................................................60, 252 HotelJulien Dubuque..........................................................................................................................................395 Houseof China Co................................................................................................................................................ 229 Housing Appeals and Mediation Board Membership.......................................................................................................4, 12, 64, 73, 184, 221, 401, 409 Page 578 of 1311 Minutes............................................................................................................................................................121 Housing Choice Voucher Program....................................................................................24, 88, 123, 370, 385, 386 Housing Commission Membership...............................................................................................................20, 255, 274, 379, 401, 409 Minutes................................................................................................................................ 16, 83, 233, 251, 376 PublicHearing.............................................................................................................................................. 24,88 Housing Development Incentive..........................................................................................................................258 HousingIndiana Corp...........................................................................................................................................380 Housing Trust Fund Advisory Committee Membership...................................................................................................................................... 20, 255, 274 Hub, The..............................................................................................................................................................104 Hudson, Evan.................................................................................................................................................81, 156 HuhotMongolian Grill.........................................................................................................................................367 Humke, Stacey.....................................................................................................................................................137 Hy-Vee Stores........................................................................................................................................ 33, 163, 253 I'mOn Arena....................................................................................................................................... 14, 20, 26, 425 IADU Table Mound MHP, LLC..................................................................................................................................9 Ice Arena Loan Agreement..................................................................................................... See Loan Agreements Ichiban Hibachi Steakhouse & Sushi Bar..............................................................................................................104 iJAG......................................................................................................................................................................134 ImagineDubuque................................................................................................................................ 231, 246, 250 I'mOn Arena.........................................................................................................................................................367 IncentiveAgreement...........................................................................................................................................349 InclusiveDubuque......................................................................................................................... 57, 134, 136, 176 Inclusive Entrepreneurship Program...................................................................................................................126 Independent Contractor Agreement...................................................................................................................427 I -NET Agreement.................................................................................................................................................126 Information Technology Committee.....................................................................................................................27 International City/County Management Association (ICMA)..............................................................................346 InternationalFire Code........................................................................................................................................278 International Residential Code............................................................................................................................279 International Union of Operating Engineers/AFL-CIO, Local #234 (IUOE)...........................................................168 Interstate Power and Light Company.......................................................................................... 364, 368, 383, 391 Intriligator, William, Dubuque Symphony Orchestra Music Director and Conductor..........................................388 Investment Oversight Advisory Commission............................................................................................... 195,386 Membership............................................................................................................................................ 184,221 Iowa Amphitheater.........................................................................................18, 335, 354, 374, 381, 401, 422, 425 Iowa Amphitheater on Schmitt Island Loan............................................................................ See Loan Agreements IowaCCI...............................................................................................................................................................246 Iowa Community of Character.............................................................................................................................193 Iowa Department Homeland Security and Emergency Management(HSEMD)..................................................215 Iowa Department of Health and Human Services (HHS).................................................................................8, 214 Iowa Department of Inspections and Appeals.....................................................................................................181 Iowa Department of Natural Resources (IA DNR)........................................................................................ 125,348 Iowa Department of Transportation (IA DOT) ..19, 31, 32, 61, 85, 86, 103, 119, 125, 132, 144, 192, 215, 333, 349, 379 Iowa Economic Development Authority(IEDA)............................................2, 30, 39, 138, 168, 268, 270, 387, 416 Iowa Finance Authority (IFA) Housing Trust Fund...................................................................................................8 Iowa Governor's Volunteer Award...................................................................................................................... 214 IowaHomeland Security........................................................................................................................................21 Iowa Jobs for America's Graduates (iJAG)............................................................................................. 26, 120, 413 Page 579 of 1311 Iowa Land Recycling Program Environmental Covenant.....................................................................................102 Iowa League of Cities(ILC)............................................................................................................... 27, 77, 356, 375 IowaLegal Aid......................................................................................................................................................177 Iowa Partners for Conservation(IPC).....................................................................................................................95 Iowa Power and Light Company................................................................................................... See Alliant Energy Iowa Public Agency Investment Trust............................................................................................................ 60,252 IowaState Fair.....................................................................................................................................................329 Iowa State Historic Preservation Tax Credit........................................................................................................268 IowaState Troopers............................................................................................................................................. 329 IowaState University Extension..........................................................................................................................126 Iowa Talent Bank Pilot Program............................................................................................................................86 IowaUtilities Board...............................................................................................................................................30 I-PLEDGE.................................................................................................................................................................. 3 IrishHooley..........................................................................................................................................................253 Irons, Marilou, Sisters of the Presentation of the Blessed Virgin Mary ........................................................... 1,376 IrrevocableLicense......................................................................................................................................125, 144 IrvingElementary .................................................................................................................................................155 IslandSocial.........................................................................................................................................................413 ITC Midwest, LLC.................................................................................................................................... 70, 334, 415 Izaguirre, Jaime........................................................................................................................................ 24, 81, 156 J&R Supply, Inc............................................................................................................................................... 86,103 JacksonStreet, 1065............................................................................................................................................169 JacksonStreet, 2601....................................................................................................................................131, 151 Jaeger, Wyleah.....................................................................................................................................................120 James, Lindsay, State Representative..................................................................................................................156 Jansen, Josh................................................................................................................................................... 73,338 Jansen, Mike, Strand Associates..........................................................................................................................175 Jason White, Greater Dubuque Development Corporation Vice President of Business Services ........................411 Jaycees..................................................................................................................104, 176, 229, 252, 253, 335, 367 JBLofts, LLC.................................................................................................................................................168, 171 Jean -Francois, Mary Jo, Community Foundation of Greater Dubuque Vice President of Community Impact .... 157 Jefferson Park Retaining Wall Replacement Project............................................................................ 218, 230, 238 JeffrisFamily Foundation Ltd...............................................................................................................................145 JeffrisHeartland Fund....................................................................................................................................64, 101 JestersLounge.....................................................................................................................................................182 John F. Kennedy Road Sidewalk Installation Project..............................................................................................61 JohnF. Kennedy Road, 555..................................................................................................................................187 Johnson, Gareth, Dubuque Arts Council's Artist in Residence...............................................................................57 Johnson, Stephen C.............................................................................................................................................363 Johnson, Timothy.........................................................................................................................................131, 151 Jones, Jeff.................................................................................................................................................... 251,262 Jubeck New World Brewing LLC................................................................................................... 146, 182, 183, 253 JuleBus.................................................................................................................................. 90, 132, 181, 192, 418 JulienDubuque Bridge.........................................................................................................................................338 Julien Dubuque International Film Festival..................................................................................................119, 135 JumpersSports Bar & Grill...................................................................................................................................367 JuneteenthCelebration.......................................................................................................................................210 Justice Assistance Grant (JAG).......................................................................................................................19, 367 Page 580 of 1311 IN Kamp, Lois............................................................................................................................................................414 Kampman, Nathan, HDR Engineering....................................................................................................................58 KebbieDrive, 1562...............................................................................................................................................332 Keck, Michael.......................................................................................................................................................185 Kellhoff Properties, LLC.................................................................................................................................. 31,238 Ken Kringle Historic Preservation Awards...................................................................................................134, 155 Kennicker, Robin............................................................................................................................................78, 121 Kerper Boulevard Lift Station Project........................................................................................ 8, 86, 368, 384, 412 Kerper Court and Kerper Boulevard Intersection Improvement Project.............................................................124 Kerper, Kalee.......................................................................................................................................................108 KerriganHeights...................................................................................................................................................... 9 KeyHotel, The......................................................................................................................................................135 Key West Drive, 10684......................................................................................................See Voluntary Annexation Keymont Drive Pavement Rehabilitation Project........................................................................ 255, 276, 342, 349 Kieffer, Kira.......................................................................................................................................................... 347 Killins, Keon..........................................................................................................................................................390 Kimley-Horn......................................................................................................................................................... 427 Kinseth Hospitality Company, Inc........................................................................................................ 247, 339, 340 Kinseth,Ben, Kinseth Hospitality Company, Inc. Executive Vice President ..........................................................339 Kittle, Bryn................................................................................................................................................... 406,414 Klauer, John................................................................................................................................................... 94,122 Klauer, Roger F. & Kathleen A..............................................................................................................................332 Klostermann, John...............................................................................................................................................108 KnickersSaloon....................................................................................................................................................367 Kohl's Department Store, Inc....................................................................................................................... 391,415 Konnexion, The....................................................................................................................................................163 Krapfl, Karla.........................................................................................................................................................156 Kubly, Sheri..........................................................................................................................................................106 KultureCityCertification......................................................................................................................................358 Kwik Star Stores..............................................................................................................71, 163, 182, 183, 229, 356 Kwik Stop Stores...........................................................................................................163, 229, 253, 367, 395, 418 KwikTrip, Inc.......................................................................................................................................................268 L. May Eatery.......................................................................................................................................................104 LaborDay Parade.................................................................................................................................................329 LadderTruck........................................................................................................................................................ 252 Lalo's Restaurant...................................................................................................................................................33 LandlordAssociation............................................................................................................................................246 LandmarkTurf Services, LLC................................................................................................................................160 LasMargaritas.....................................................................................................................................................253 LatinxFestival......................................................................................................................................................356 LawEnforcement Center.....................................................................................................................................374 Law Enforcement Mental Health and Wellness Act(LEMHWA)..........................................................................125 Lead & Healthy Homes Program.................................................................................................................. 358,417 Lead Service Line Replacement Pilot Program.......................................................................................................76 Learning Campus Condominiums............................................................................................................................5 Lease Agreements.......................................................... 5, 79, 87, 92, 105, 145, 160, 253, 268, 331, 350, 399, 412 LegislativePolicy....................................................................................................................................................27 LegislativePriorities.............................................................................................................................................403 Leisure Services Comprehensive Master Plan............................................................................................. 374,427 Page 581 of 1311 Leonard, Vicki, Ancient Order of Hibernians Dubuque Division #2.......................................................................59 Letter of Support........................................................................................64, 69, 95, 125, 126, 159, 214, 272, 334 Lewis, Drew, Hempstead High School Student......................................................................................................59 Lewis, Joesph, President of the Bishop Block Tenants Association....................................................................... 24 Leyendecker, Tyson............................................................................................................................................. 386 Library Board of Trustees Membership....................................................................................................................................................255 Minutes....................................................................................... 1, 29, 68, 83, 121, 211, 233, 262, 330, 358, 406 Lift, The................................................................................................................................................................ 229 LimestoneLegacy, LLC......................................................................................................................... 396, 409, 410 Lin, Ken................................................................................................................................................................ 338 Lina's Lounge....................................................................................................................................................... 367 Lina's Thai Bistro....................................................................................................................................................71 LincolnElementary School........................................................................................................................... 356,362 Lindblom, Ronald...................................................................................................................................................68 Link, Michael..................................................................................................................................................81, 156 Liphardt, John......................................................................................................................................................347 Liquor Tobacco and Grocery ................................................................................................................................183 LivestockGrazing................................................................................................................................................. 427 LoanAgreements.........................................................................................................................................421, 422 Local College/Career Access Network(LCAN)......................................................................................................159 Local Housing Trust Fund Grant...........................................................................................................................333 Locust Street Parking Ramp Repairs Project........................................................................................ 218, 230, 237 LocustStreet, 1044.............................................................................................................................................. 268 LocustStreet, 1243..............................................................................................................................................172 LocustStreet, 781.................................................................................................................................................. 72 LocustStreet, 799................................................................................................................................................125 Loffa, Cassidy.................................................................................................................................................94, 122 Long Range Planning Advisory Commission Membership...................................................................................................................... 20, 184, 221, 255, 274 Minutes............................................................................................................................................ 233, 347, 414 Lopez Ortiz, Clara, Community Foundation of Greater Dubuque Equity Officer.................................................136 Lopez, Yara, Dubuque Unidos and Loras College's LULAC...................................................................................262 LorasCollege........................................................................................................................................ 104, 262, 367 Los Aztecas Mexican Restaurant.................................................................................................................182, 253 Luce, Sue..............................................................................................................................................................156 Lucy, Nick......................................................................................................................................................... 58,66 Ludwing, Jacob..................................................................................................................................................... 347 Lyle Sumek Associates, Inc................................................................................................................... 259, 260, 261 Lyons, David, Greater Dubuque Development Corporation Strategic Initiative Consultant ............................ 5,155 M Maas, Carol.......................................................................................................................................................... 257 Madison Wisconsin School Shooting.........................................................................................See School Shooting Magoo's Pizza................................................................................................................................................ 27,418 Maiden, Conner.....................................................................................................................................................16 MainStreet Iowa Program............................................................................................................................. 30,415 MainStreet, 902..................................................................................................................................................144 ManagementAgreement....................................................................................................................................139 Marburger, Dan, Perry High School Principal........................................................................................................15 Marco's Italian American Food............................................................................................................................104 Mario's Italian Restaurant & Lounge.....................................................................................................................10 MarshalleseConstitution Day..............................................................................................................................173 Page 582 of 1311 Martin, Azariah................................................................................................................................................68, 83 Marvel, Jenn........................................................................................................................................................ 233 MasonDixon Saloon............................................................................................................................................146 Mason, Perry, Radio Dubuque General Manager................................................................................................252 Master Co -location and Shared Services Agreement............................................................................................ 20 Mathias Ham House (the Ham House).................................................................................................. 64, 399, 412 Mattison, Kaniyiah, Four Mounds........................................................................................................................233 Mauldin & Jenkins Certified Public Accountants.................................................................................................390 Maun, Irene.........................................................................................................................................................233 Maus Park Lake Pump Station Culvert Repair Project.........................................................................................142 May, Nick...............................................................................................................................................................29 McAleece Park and Recreation Complex...............................................................................................................71 McAvoy, Veronica..........................................................................................................................................24, 108 MCCIowa LLC(Mediacom)..................................................................................................................................126 McCoyGroup, Inc..........................................................................................................................................39, 331 McCoy, Jennifer, Bolton & Menk, Inc. Senior Traffic Engineer............................................................ 211, 345, 402 McDermottExcavating, Inc.......................................................................................................................... 194,405 McDonald, Rob....................................................................................................................................................252 McGann, Amano..................................................................................................................................................279 McGorry, Beth....................................................................................................................................... 29, 137,358 McTaggart, Sue....................................................................................................................................................108 Meader, Jim...........................................................................................................................................................90 Medic Unit 554, Newly Purchased.........................................................................................................................15 MedicalAssociates..............................................................................................................................................118 MedOne...............................................................................................................................................................118 Memorandum of Understanding(MOU)............................................................................................... 18, 125, 126 Mental Health and Wellness Act Grant...............................................................................................................367 Merfeld,Jule........................................................................................................................................................257 MerryMillwork Market...............................................................................................................................395, 480 Metro Dubuque Traffic Data Aggregation For Connected Vehicles Project........................................................ 363 Metx, LLC.............................................................................................................................................................366 MicrosoftCo-Pilot........................................................................................................................................374, 375 MiddleCatfish Creek............................................................................................................................................333 Midwest Concrete, Inc....................................................................................61, 143, 163, 236, 332, 391, 392, 393 MidwestVapors...................................................................................................................................................163 MidWestOneBank....................................................................................................................... 60, 79, 87, 93, 252 MilestoneSystems...................................................................................................................................................2 Miller Companies LLC.................................................................................................................. 168, 169, 395, 409 Miller, Bill, former Fire Chief................................................................................................................................388 Millwork Flats, L.L.0............................................................................................................................. 164, 168, 191 MillworkMarketplace............................................................................................................................................33 Millwork Night Market........................................................................................................ 135, 229, 253, 335, 367 Miloy, Shea............................................................................................................................................................81 Mini-Warehouse....................................................................................................................................................12 MircaleLeague....................................................................................................................................................246 Mississippi River Revival, DBQ, Inc........................................................................................................................96 Mokhantar, Othman............................................................................................................................................225 MoloOil Company...............................................................................................................................................343 Monk, Chrisy, FEH Design Principal.........................................................................................................................6 MonksKaffee Pub................................................................................................................................................104 MoondogMusic........................................................................................................................................... 163,367 Moore, Sam.........................................................................................................................................................185 Moracco, The.......................................................................................................................................................418 Morrison Brothers Company...................................................................................................................................2 Page 583 of 1311 Moss, Briana........................................................................................................................................................108 Moss, Ernestine, Nathaniel Morgan Memorial Committee.................................................................................262 Mount Pleasant Place Urban Renewal Area........................................................................ 219, 243, 244, 419, 420 Moyer, Karl..........................................................................................................................................................156 MSAEngineering........................................................................................................................................... 85,228 Mt. Carmel Bluffs.................................................................................................................................................246 Muench, Mike..........................................................................................................................................................7 Multicultural Family Center......................................................90, 95, 119, 137, 173, 175, 214, 246, 369, 385, 426 Multi -Jurisdictional Hazard Mitigation Plan...........................................................................................................20 MurphyPark........................................................................................................................................................328 Nadeau, Evelyn....................................................................................................................................................108 NAMIDubuque......................................................................................................................................................90 Nathaniel Morgan Memorial Event.....................................................................................................................344 National Association for the Advancement of Colored People (NAACP)............................................................. 389 National Crime Information Center (NCIC)..........................................................................................................357 National Environmental Health Administration..................................................................................................391 National League of Cities (NLC)....27, 57, 77, 121, 126, 210, 232, 246, 259, 329, 356, 357, 375, 376, 405, 406, 413 National Mississippi River Museum & Aquarium..................................................................... 37, 58, 158, 253, 388 NationalNight Out...............................................................................................................................................246 NationalPolice Woman Day................................................................................................................................342 Natural Resource Conservation Service(NRCS).....................................................................................................95 Nature Everywhere Accelerator Community............................................................................................... 272,334 Neighborhood Associations............................................................................17, 121, 135, 246, 344, 356, 375, 480 NeighborlySoftware............................................................................................................................................245 NewtMarine Service...........................................................................................................................................407 NewtProperties...................................................................................................................................................252 NextPhase Bar............................................................................................................................................. 253,418 Nia Neighborhoods Opportunity Zone Fund, LLC................................................................................ 397, 398, 411 Nine Seventeen (917) Motorsport LLC..................................................................................................................70 Noel, Lavonne, Hospice of Dubuque Executive Director.....................................................................................376 Noll, Jerry.............................................................................................................................................................121 Noonan's Tap.........................................................................................................................................................71 North Grandview Avenue Pavement Rehabilitation Project ............................................... 130, 151, 159, 218, 347 Northeast Iowa Area Agency on Aging, Inc..................................................................................................177, 178 Northeast Iowa Community College's (NICC)......................................................................................................174 NorthsideBar, Inc..................................................................................................................................................33 NorthstarStella Award........................................................................................................................................358 NovusAgenda.................................................................................................................................................26, 173 0 OakView Group.....................................................................................................................................................96 OdorAbatement........................................................................................................................................ 14, 69, 86 Officeof Community Impact........................................................................................................................ 388,389 Officer Involved Shooting Procedures...................................................................................................................28 Oglesby, Diane.....................................................................................................................................................376 OldChicago Pizza and Taproom...........................................................................................................................104 Old Highway Road Water Main Connection Loop 2023 Project..............................................................................2 Old Mill Road Lift Station and Force Main Project ........................179, 216, 229, 257, 261, 328, 336, 350, 373, 379 Olds, Molly...........................................................................................................................................................156 OliveGarden Italian Restaurant...........................................................................................................................104 Page 584 of 1311 Oltmanns, Natalie..................................................................................................................................................29 OolongAsia Cuisine.............................................................................................................................................182 Ordinance No. 01-24 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, By Amending Articles 16-5-14 C-4 Downtown Commercial and 16-5-15 C- 5 Central Business, by adding Mini - Warehouse below the first floor only to the list of permitted uses...............................................................13 02-24 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 1646 Asbury Road from C-2 Neighborhood Shopping Center District to C-3 General Commercial District.......................................................................................33 03-24 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at Airborne Road (PIN 1506200016) from AG Agriculture to HI Heavy Industrial..................................................................................................................34 04-24 Correcting and Amending Ordinance No. 30-23-A, 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 IA., 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 U to the Divisionof Revenues......................................................................................................................................39 05-24 Correcting and Amending Ordinance No. 4-24, 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 V to the Divisionof Revenues......................................................................................................................................48 06-24 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property from C-3 General Commercial to C-4 Downtown Commercia173 07-24 Amending Title 16 of the City of Dubuque Code of Ordinances Unified Development Code by Rescinding Ordinance No. 82-04 Which Provides Regulations for the PUD Planned Unit Development District with a Planned Commercial Designation and now being amended to modify the list of permitted uses to include Pet Daycare or Grooming......................................................................................................74 08-24 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property from R-1 Single -Family Residential to R-2 Two -Family Residential...................................................................................................................................................106 09-24 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by Amending Articles 16-5-3-5 (R-1), 16-5-4-5 (R-2a), 16-5-5-5 (R-3), 16-5-6-5 (R-4), 16-5-7-5 (Or), 16-5-8-5 (OS), 16-5-9-5 (OC, 16-5-10-5 (C-1), 16-5-11-2 (C-2), And 16-5-13-5 (C-3) by Removing the Off -Street Parking Requirement for properties located within the Jackson Park and Cathedral Historic Districts ......106 10-24 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 allother uses................................................................................................................................................109 11-24 Establishing City of Dubuque Code of Ordinances Title 13 Public Utilities Chapter 1 Water Use & Service, Article C Rates Section 13-1C-2 Fixing Water Rates for Fire Sprinkler Service...............................110 12-24 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 2025......................................................111 13-24 Amending City of DBQ Code of Ordinances Title 13 Public Utilities, Chapter 6 Solid Waste.................111 14-24 Amending City of Dubuque Code Section 13-4-5 (D) SFU Rate, Charges; Utility Revenues...................118 15-24 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 1100 Lincoln Avenue from R-2A Alternate Two - Page 585 of 1311 Family Residential District and C-1 Neighborhood Shopping Center District To R-3 Moderate Density Multi - FamilyResidential District............................................................................................................................149 16-24 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property from Planned Unit Development with PR -Planned Residential Designation to C 3 General Commercial District..........................................................................................149 17-24 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at the Terminus of Millstone Drive (1016329042) from R-1 Single -Family Residential District to R-3 Moderate Density Multi -Family Residential District with conditions as established in the attached Memorandum of Agreement....................................................184 18-24 Amending Title 16 of the Unified Development Code of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property from R-1 Single -Family Residential and R-3 Moderate Density Multi -Family Residential to PUD Planned Unit Development District with PR Planned Residential Designation and adopting a Conceptual Development Plan........................................................................185 19-24 Amending Title 16, the Unified Development Code of the City of Dubuque Code of Ordinances by rescinding Ordinance 80-03 which provides regulations for a PUD Planned Unit Development District with a PC Planned Commercial Designation at 555 John F Kennedy Road and adopting an amended PUD Ordinance to allow for additional signage, reduced parking requirements, and increased ground floor leasablearea................................................................................................................................................187 20-24 Amending City of Dubuque Code Title 12 Airport, Chapter 4 Airport Commission...............................195 21-24 Amending City of Dubuque Code Title 12 Airport, Chapter 6 Airport Zoning Board of Adjustment .....195 22-24 Amending City of Dubuque Code Title 12 Airport, Chapter 5 Airport Zoning Commission ...................195 23-24 Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 8 Arts and Cultural Affairs Advisory Commission..........................................................................................................195 24-24 Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 7 Board of LibraryTrustees...........................................................................................................................................195 25-24 Amending City of Dubuque Code Title 14 Building and Development, Chapter 1 Building Codes, Article A Building Code and Regulations, Section 14- 1A-6 Building Code Advisory and Appeal Board..................195 26-24 Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 11 Cable TelevisionCommission................................................................................................................................195 27-24 Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 4 Civic Center AdvisoryCommission...................................................................................................................................195 28-24 Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 2 Civil Service Commission.................................................................................................................................................195 29-24 Amending Dubuque Code of Ordinances Title 2 Boards & Commissions, Chapter 5 Housing Agency & Community Development Commissions, Article C Community Development Advisory Commission .........195 30-24 Amending City of Dubuque Code of Ordinances Title 8 Equity and Human Rights, Chapter 2 Equity and HumanRights Commission..........................................................................................................................195 31-24 Amending City of Dubuque Code Title 16 Unified Development Code, Chapter 10 Historic Preservation Commission Applications and Procedures, Section 16- 10-1 Historic Preservation Commission ................195 32-24 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article J Property Maintenance Code, Section 14-1J- 7 Housing Appeals and Mediation Board .....195 33-24 Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 5 Housing Agency and Community Development Commissions, Article B Housing Commission.................................195 34-24 Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 5 Housing Agency and Community Development Commissions, Article D Trust Fund Advisory Committee...............195 35-24 Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 3 Investment Oversight Advisory Commission..................................................................................................................195 36-24 Amending City of Dubuque Code of Ordinances Title 15 Planning and Zoning, Chapter 2 Long Range Planning Advisory Commission....................................................................................................................195 37-24 Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 5 Parks and Recreation, Article A Administration, Section 10-5A-2 Park and Recreation Advisory Commission ............ 195 38-24 Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 6 Resilient Community Advisory Commission...............................................................................................................195 39-24 Amending City of Dubuque Code Title 5 Transit System, Chapter 1 Transit Advisory Board.................195 Page 586 of 1311 40-24 Amending City of Dubuque Code of Ordinances Title 16 Unified Development Code, Chapter 9 Zoning Advisory Commission Applications and Procedures, Section 16-9-1 Zoning Advisory Commission ............195 41-24 Amending City of Dubuque Code of Ordinances Title 16 Unified Development Code, Chapter 8 Zoning Board of Adjustment Applications and Procedures.....................................................................................196 42-24 Amending City of Dubuque Code Title 14 Building and Development, Chapter 5 Historic Buildings ....221 43-24 Amending City of Dubuque Code of Ordinances Section 10-1-2: Sidewalk Installation and Repair Deleting Liability of the Abutting Property Owner for Failure to Repair Sidewalks.....................................222 44-24 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 Off -Premise Parking Lot and by amending Articles 16-5-11 C-2 Neighborhood Shopping Center and 16-5-13 C-3 General Commercial by adding Off - Premise Parking Lot as an accessory use.....................................................................................................230 45-24 Providing That General Property Taxes Levied and Collected Each Year on all Property Located Within the Mount Pleasant Place 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 Mount Pleasant Place Housing Urban Renewal Area ..........244 46-24 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 8301 Seippel Court from CS Commercial Service and Wholesale District to C-3 General Commercial District............................................................................... 256 47-24 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located along Peru Road between Walker and Toledo Street (Pins 1012183002, 1012183005, 1012183008, and 1012183007) from R-3C Moderate Density Multi -Family Residential District with Conditions to R-3 Moderate Density Multi -Family Residential District ................256 48-24 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 595 Cedar Cross Road from R-1 Single -Family Residential District to CS Commercial Services and Wholesale District.......................................................257 49-24 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article 1 Property Maintenance Code, Section 14-11- 2 International Property Maintenance Code Amendments...............................................................................................................................................277 50-24 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article F Fire Code and Regulations, Section 14-1E-2 International Fire Code Amendments ..........278 51-24 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article B Residential Code, Section 14-1B-2 International Residential Code Amendments.............279 52-24 Amending Ordinance No. 8-22, as amended, providing that general property taxes levied and collected each year on all property located within the Greater Downtown Urban Renewal 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 advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, by adding the Roosevelt Street Subarea to the division of revenues..........................................................................................................................280 52-24-A Amending Ordinance No. 8-22, As Amended, Providing that General Property Taxes Levied and collected each year on all property located within the Greater Downtown Urban Renewal 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 advanced to and indebtedness, including Bonds Issued or to be issued, incurred by said City in connection with the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, to correct the Title of Ord. No. 52- 24 by removing certain property from the division of revenues.................................................................428 53-24 Amending Ordinance No. 52-24, as amended, providing that general property taxes levied and collected each year on all property located within the Greater Downtown Urban Renewal 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 Page 587 of 1311 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 Urban Renewal Plan for the Greater Downtown Urban Renewal District, by adding the Roosevelt Street Subarea to the division of revenues............................................................................................................303 53-24-A Amending Ordinance No. 52-24-A, As Amended, providing that General Property Taxes levied and collected each year on all property located within the Greater Downtown Urban Renewal 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 advanced to and indebtedness, including Bonds Issued or to be issued, incurred by said City in connection with the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, to correct the Title of Ord. No. 53- 24 by adding the Hawthorne Street and Locust Street Subareas to the division of revenues .....................452 54-24 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 27 Locust Street (PIN 1025426011 and 1025426022) from C-3 General Commercial District to C-4 Downtown Commercial District...........................................338 55-24 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 1090 Radford Road (per exhibit a) from CS Commercial Service District to R-3 Moderate Density Multi- Family Residential District ............................339 56-24 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 1142 University Avenue from C-2 Neighborhood Shopping Center District to R 2 Two -Family Residential District.................................................................339 57-24 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 7 Operation, Division 5 Speed Restrictions, Section 9-7-321.285 Limits Generally..........................................................343 58-24 Amending City of DBQ Code of Ordinances Title 14 Building & Development, Chapter 2 Building Construction, Demolition and Moving, Section 14-2-4 Moratorium for Construction or other work on certain sts., areas, facilities by adding Section B Off Premises Sign Study Area..........................................355 59-24 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter Described Property located at 1000 Cedar Cross Road from CS Commercial Service and Wholesale District To C-3 General Commercial District........................................................................372 60-24 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article J Property Maintenance Code, Section 14-1J-2 International Property Maintenance Code Amendments...............................................................................................................................................387 61-24 Amending City of Dubuque Code of Ordinances Title 8 Equity and Human Rights, Chapter 2 Equity and HumanRights Commission..........................................................................................................................403 62-24 Amending City of Dubuque Code of Ordinances Title 7 Police, Fire and Public Safety, Chapter 6 Animal Control, Article A Miscellaneous Provisions, Section 7-6A-2 Restrictions on Maintaining Livestock ........... 427 63-24 Amending City Of Dubuque Code Of Ordinances Title 14 Building And Development, Chapter 1 Building Codes, Article 1 Property Maintenance Code, Section 14-1J-3 Rental Licenses...........................................477 Origin Design Co.............................................................................................................................. 23, 86, 239, 394 Orwoll, Greg, DuRide Inc Executive Director.........................................................................................................93 Ostrom Painting & Sandblasting, Inc........................................................................................................... 193,218 Otterbeck, Matt...................................................................................................................................................156 Outsidethe Lines Art Gallery...............................................................................................................................344 P Paisley, Jessica.......................................................................................................................................................96 Paradiso, Justine..................................................................................................................................................389 ParatransitBuses.................................................................................................................................................181 Park and Recreation Advisory Commission....................................................................................................... 3, 19 Membership............................................................................................................................................ 184,221 Minutes.........................................................................................................59, 83, 121, 224, 262, 376, 406, 414 Parking Access and Revenue Control System(PARCS)................................................................................... 38,279 Parking System Loan Agreement............................................................................................ See Loan Agreements Page 588 of 1311 ParoFood Mart............................................................................................................................................ 104,163 Parsons Transportation Group, Inc........................................................................................................................31 Partnersfor Places (P4P).......................................................................................................................................64 Patzner, Troy, City Assessor...................................................................................................................................14 Pavement Marking Project.................................................................................................. 150, 155, 167, 193, 218 PaymentCard Industry(PCI)................................................................................................................................346 PeaceOfficers Memorial Day..............................................................................................................................155 PeerlessWell & Pump..................................................................................................................................328, 366 People Associated with Lincoln School (PALS).............................................................................................359, 362 PepperSprout, Inc...............................................................................................................................................395 Perry High School...............................................................................................................See High School Shooting PetDaycare............................................................................................................................................................73 PetLicensing........................................................................................................................................................417 Petco, John............................................................................................................................................................76 Peterson, Ryan, RDG Planning & Design................................................................................................ 27, 224, 233 Pete'sThai Kitchen, LLC.......................................................................................................................................253 Petitionto Vacate........................................................................................................................................367, 383 PhoenixTheatres................................................................................................................................................... 71 Pickett Street Rehabilitation Project.................................................................................................... 217, 228, 237 Pink Clouds Smoke Shop........................................................................................................................ 72, 183, 367 Pinseekers Dubuque Operations, LLC..................................................................................................................391 PinseekersDubuque RE, LLC................................................................................................................................391 Pinseekersfacility................................................................................................................................................401 Pioneer's Rest Area..............................................................................................................................................182 PizzaRanch Place.................................................................................................................................................227 PL84-99 Rehabilitation.........................................................................................................................................235 Planned Unit Development (PUD)................................................................................................................... 27,73 PlasticCenter, Inc........................................................................................................................................ 168,171 Plat of Survey Arthofer's Skyline Addition..............................................................................................................................226 HumkePlace........................................................................................................................................................8 Lot186A Finley's Addition...............................................................................................................................364 Middle Fork Second Addition..........................................................................................................................365 Oberbroeckling Subdivision No. 3....................................................................................................................181 PechousPlace....................................................................................................................................................70 Plaza20 No. 9..................................................................................................................................................227 SplendidValley Estates....................................................................................................................................103 PledgeAgreement.................................................................................................................................................95 Plumley, Sandy....................................................................................................................................................121 Police Department CALEA Accreditation............................................................................................................. 258 PorkTornados..........................................................................................................................................................8 Portof Dubuque Marina........................................................................................................................................71 Porter, Bryan..........................................................................................................................................................76 Portzen Construction, Inc....................................................................................................................................427 PoshLounge........................................................................................................................................................104 Powers, Richard...................................................................................................................................................251 Pre -annexation Agreement 10270 Key West Dr..........................................................................................................................................349 10675 Key West Dr..........................................................................................................................................349 10684 Key West Dr..........................................................................................................................................238 13828 Old Highway Rd..................................................................................................................................... 8,9 9762 O'Rourke Dr................................................................................................................................................9 Precision Policing Center(PPC)............................................................................................................................374 Pregler, Steve, Dubuque Trees Forever.................................................................................................................94 Page 589 of 1311 Pregler, Walt, former Dubuque Mayor................................................................................................................210 PremierBank.................................................................................................................................................60, 252 Presentation Lantern Center....................................................................................................................... 177, 178 PRICE Grant Application............................................................................................................... 135, 155, 156, 157 PrideFamily Festival............................................................................................................................................173 Private Lead Service Line Replacement Pilot Program.......................................................................... 23, 242, 341 Proclamations AmeriCorpsWeek..............................................................................................................................................68 Applesfor Students Months............................................................................................................................137 ArborDay...........................................................................................................................................................94 Artsand Humanities Month............................................................................................................................346 BuildingSafety Month.....................................................................................................................................121 CommunityDevelopment Week........................................................................................................................82 CommunityPlanning Month............................................................................................................................346 Days of Peace and Nonviolence.......................................................................................................................262 Domestic Violence Awareness Month.............................................................................................................346 DubuqueClimate Action Day...........................................................................................................................358 DubuqueYP Days of Caring...............................................................................................................................82 Dubuque's Read Across America Day................................................................................................................ 29 Eradication of Generational Poverty Day.........................................................................................................406 ExtraMile Day..................................................................................................................................................358 HispanicHeritage Month.................................................................................................................................262 HoneyBee Day...................................................................................................................................................68 Hospice and Palliative Care Month..................................................................................................................376 Human Slavery and Human Trafficking Prevention Month.................................................................................1 Irish American Heritage Month.........................................................................................................................59 Jewish American Heritage Month....................................................................................................................137 Juneteenth National Independence Day.........................................................................................................175 JuniorAchievement Day....................................................................................................................................82 LGBTQ+ Pride Month.......................................................................................................................................137 LightsOn Afterschool Week............................................................................................................................358 MentalHealth Month......................................................................................................................................121 Nathaniel and Charlotte Morgan Peace Week................................................................................................262 National Cities, Towns, and Villages Month....................................................................................................121 National Eating Disorder Awareness Week.......................................................................................................29 National Health Center Week..........................................................................................................................233 National Lead Poisoning Prevention Week......................................................................................................358 National League of Cities Centennial Day........................................................................................................376 Neighborhood Association Recognition...........................................................................................................121 Pancreatic Cancer Awareness Day...................................................................................................................376 PreservationMonth.........................................................................................................................................121 Public Service Recognition Week.....................................................................................................................121 PublicWorks Week..........................................................................................................................................121 RAM Female Student -Athletes Golden Jubilee Celebration................................................................................7 Ric Jones 50 Years of Service Recognition.......................................................................................................121 Saint 4 Life Foundation - Fighting Saints Alumni Celebration............................................................................82 SalvationArmy Week.......................................................................................................................................121 Sexual Assault Awareness Month......................................................................................................................82 SmallBusiness Saturday..................................................................................................................................389 SummerLearning Week...................................................................................................................................137 The 150th Anniversary Year of the Sisters of the Presentation.......................................................................376 The 35th Anniversary of The Dubuque Branch of the NAACP.........................................................................389 The University of Dubuque Aviation Day.........................................................................................................251 Trickor Treat Night..........................................................................................................................................358 Page 590 of 1311 Upper Mississippi River Wildlife and Fish Refuge Day.....................................................................................158 Veterans of Foreign Wars 125th Birthday.......................................................................................................358 Veterans of Foreign Wars Post 508 Recognition .............................................................................................224 Walk, Bike, and Roll to School Day..................................................................................................................121 ProjectHOPE.......................................................................................................................................... 57, 120, 176 Property Acquisition......................................................................... 18, 46, 55, 69, 83, 85, 235, 268, 377, 378, 417 PropertyMaintenance Code................................................................................................................................276 Property Tax Appeals................................................................................................................... 176, 214, 391, 415 Property Taxes..........................................................................................................39, 48, 244, 280, 303, 428, 452 Public Housing Authority (PHA)......................................................................................................... 23, 88, 89, 385 PublicInformation Board.......................................................................................................................................76 Public Safety Citizen Lifesaving Award........................................................................................................... 59,358 Public, Educational, and Government (PEG).................................................................................................. 17,415 Puccio, Scott................................................................................................................................................ 121,122 Purchase Agreement............................................................................................................2, 18, 84, 180, 217, 420 Purchase of Services.............................................................................................................. 81, 176, 177, 178, 179 Pyrotechnics Permit.................................................................................................................See Fireworks Permit Y Q Casino & Resort.................................................................................................104, 163, 173, 214, 232, 335, 413 Q2........................................................................................................................................................................123 Qassebji, Kimberly and Adam..............................................................................................................................156 QuitClaim Deed....................................................................................................................................... 85, 86, 384 QWESTCorporation Property..............................................................................................................................124 10 Rabbit Hollow Nature Conservancy, Inc.........................................................................60, 179, 180, 216, 217, 350 RadfordRoad Real Estate, LLC.............................................................................................................................227 RadioDubuque, Inc.............................................................................................................................................160 Raecker, Scott, Robert D. and Billie Ray Center Executive Director.....................................................................251 Rahe, Keith, Travel Dubuque President and CEO...................................................................................................16 Railroad Bridge............................................................................................................................................................... 333 Burlington Northern Santa Fe Corporation(BNSF)..........................................................................................154 Canadian and Iowa Northern Railway...............................................................................................................95 Canadian National Railway (CN).............................................................................................................. 154,155 Canadian Pacific Kansas City Railroad (CPKC).................................................................... 90, 154, 155, 172, 349 Chicago, Central & Pacific Railroad...............................................41, 50, 158, 281, 288, 305, 430, 437, 454, 461 Crossing, 151h Street.........................................................................................................................................349 Intersections......................................................................................................................................................37 Overpass at 14th Street Project.......................................................................................................... 26, 221, 261 QuietZone......................................................................................................................................... 37, 154, 173 Sanitary Interceptor Crossing Project..............................................................................................................142 Rainey, Aaron, Five Flags Civic Center General Manager....................................................................................373 RAISE Infrastructure Grant.............................................................................................................. 19, 37, 221, 223 Ranguette, Ryan..................................................................................................................................................401 Rates..............................................................................................................................................See Fee Increases RaymondPlace, 410 and 414.................................................................................................................................70 RDG Planning & Design................................................................................................................ 143, 224, 233, 425 Red Robin America's Gourmet Burgers & Spirits.................................................................................................335 ReEvolutionFarms.................................................................................................................................................96 RegionalAirport.....................................................................................................................................................80 Page 591 of 1311 RentalLicense Cycle.............................................................................................................................................477 Resilient Community Advisory Commission Membership............................................................................................................................ 354, 371, 401, 409 Minutes.................................................................................................................59, 94, 251, 262, 358, 376, 414 Resolution No. 001-24 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.............................................................1 002-24 Approving a Purchase Agreement between the City of Dubuque and Dubuque Community School District for Purchase of Rights of Way and Easement along Althauser Street and Eagle Street as part of Althauser Street Watermain and Sanitary Sewer Reconstruction Project.......................................................2 003-24 Accepting Public Improvement Contract for the Old Highway Road Water Main Connection Loop Project2023.....................................................................................................................................................2 004-24 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 $3,200,000 ...................3 005-24 Approving Lease between the City of Dubuque & Dubuque Childcare Collaborative, LLC......................5 006-24 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.............................................................7 007-24 Authorizing the Housing and Community Development Director and the City Manager to Approve the Award of Local Housing Trust Funds from the Iowa Finance Authority...........................................................8 008-24 Approving the Plat of Survey for Humke Place in the City of Dubuque, IA..............................................8 009-24 Approving a Pre -Annexation Agreement between the City of DBQ, IA. and Janet Siegert......................9 010-24 Approving a Pre -Annexation Agreement between the City of Dubuque, IA. and the Iowa Department ofTransportation............................................................................................................................................. 9 011-24 Accepting a Grant of Easement for Water Main Utility Across Part of Lot 2 of Lot 13 in Kerrigan Road Heights in Table Mound Township, Dubuque County IA.................................................................................9 012-24 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 andPermits....................................................................................................................................................10 013-24 Authorizing and Directing the City Manager to prepare an Amended and Restated Urban Renewal Plan Version 2024.1 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 2024.1 for said district................................................................................................10 014-24 Authorizing and Directing the City Manager to prepare an Amended and Restated Urban Renewal Plan Version 2024.2 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 2024.2 for said district................................................................................................11 015-24 Taking Additional Action on Proposal to Enter into a Sewer Revenue Loan and Disbursement Agreement.....................................................................................................................................................13 016-24 Approving the Schmitt Island Management Agreement between the City of Dubuque and the Schmitt Island Development Corporation...................................................................................................................14 017-24 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...........................................................17 018-24 Authorizing the City Manager and the City Attorney to settle claims by and against the City..............17 019-24 Accepting Public Water Distribution System Improvements in Wildflower Ridge Subdivision # 4, in the City of Sageville and in Dubuque County, IA..................................................................................................18 020-24 Approving the Offer to Buy Real Estate and Acceptance for the Acquisition of Real Property owned by Faith Temple United Pentecostal Church by the City of Dubuque.................................................................18 021-24 Approving Professional Services Consultant Contract with AECOM Technical Services, Inc. to complete Phase I (Concept Design / Preliminary Design / NEPA / Public Involvement) to advance development for Rebuilding America's Infrastructure with Sustainability and Equity (RAISE) Infrastructure Planning Grant for projectentitled..............................................................................................................................................19 022-24 Adopting the Fiscal Year 2024 (Program Year 2023) Community Development Block Grant (CDBG) Annual Action Plan Amendment #2 Non -Substantial Amendment...............................................................19 023-24 Adopting the Dubuque County Multi -Jurisdictional Local Hazard Mitigation Plan................................20 Page 592 of 1311 024-24 Setting a public hearing to amend the Radford Road Urban Revitalization Area Plan ..........................21 025-24 Setting a public hearing to amend the Alta Vista Urban Revitalization Area Plan.................................21 026-24 Setting a public hearing to amend the Bies Drive Urban Revitalization Area Plan................................22 027-24 Setting a public hearing to amend the Plaza Drive Urban Revitalization Area Plan..............................22 028-24 Setting a public hearing to amend the Dubuque Urban Revitalization Area Plan.................................22 029-24 State Revolving Fund (SRF) Loan - Environmental Review Private Lead Service Line Replacement Pilot Program: Preliminary Approval of an Environmental Review as provided by SRF's Department of Natural Resources for the Private Lead Service Line Replacement Pilot Program and ordering the advertisement for publicnotice..................................................................................................................................................23 030-24 Setting a Public Hearing to review and approve the Public Housing Authority Federal Fiscal Year 2024 AnnualPlan....................................................................................................................................................24 031-24 Setting Public Hearing to review & approve Public Housing Authority's Administrative Plan...............24 032-24 Approving the increase in fees for the rental license and inspection program.....................................25 033-24 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...........................................................29 034-24 Approving an Agreement by and among the Iowa Economic Development Authority, Dubuque Main Street, Ltd. and the City of Dubuque providing for the Dubuque Main Street Program in the City of Dubuque........................................................................................................................................................30 035-24 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 ......................30 036-24 Approving Consultant Professional Services - Supplemental Agreement No. 1 between the City of Dubuque and Parsons Transportation Group, Inc. for the Smart Traffic Routing with Efficient and Effective Traffic System (STREETS) Project...................................................................................................................31 037-24 Authorizing the City Manager to appoint City Staff Representatives to the Catfish Creek Watershed Management Authority Board of Directors...................................................................................................32 038-24 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 andPermits....................................................................................................................................................32 039-24 Approving the Amended and Restated Urban Renewal Plan, Version 2024.1, for the Dubuque Industrial Center Economic Development District.........................................................................................34 040-24 Approving the Amended and Restated Urban Renewal Plan, Version 2024.2, for the Dubuque Industrial Center Economic Development District.........................................................................................35 041-24 Approving the adoption of an Amended Urban Revitalization Plan for the Radford Road Urban RevitalizationArea.........................................................................................................................................36 042-24 Approving the adoption of an Amended Urban Revitalization Plan for the Alta Vista Urban RevitalizationArea.........................................................................................................................................36 043-24 Approving the adoption of an Amended Urban Revitalization Plan for the Dubuque Urban RevitalizationArea.........................................................................................................................................36 044-24 Approving the adoption of an Amended Urban Revitalization Plan for the Bies Drive Urban RevitalizationArea.........................................................................................................................................36 045-24 Approving the adoption of an Amended Urban Revitalization Plan for the Plaza Drive Urban RevitalizationArea.........................................................................................................................................36 046-24 Authorizing the filing of a grant application with the U.S. Department of Transportation (USDOT) for a RAISE Infrastructure Implementation Grant to assist with funding for proposed improvements to construct specific elements of the Building Bridges to Employment and Equity (B2E2) Project...................................37 047-24 Authorizing the execution of an Economic Development Assistance Contract by and among McCoy Group, Inc., the City of Dubuque, IA., and the Iowa Economic Development Authority...............................39 048-24 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...........................................................59 049-24 Naming Depositories.............................................................................................................................60 050-24 Accepting a Grant of Easement for storm sewer utility through, under and across part of Lot 2 of Rabbit Hollow Place # 5, in the City of Dubuque, IA......................................................................................60 051-24 Accepting the 2022 John F. Kennedy Road Sidewalk Installation Project - Iowa DOT Project TAP-U- 2100-703-81-31 and authorizing the payment of the contract amount to the contractor ............................61 Page 593 of 1311 052-24 Adopting the Final Assessment Schedule for the 2022 John F. Kennedy Road Sidewalk Installation Project - Iowa DOT PROJECT TAP-U-2100-703-81-31..................................................................................... 61 053-24 Accepting the Seippel Road Water Main Relocation Project and authorizing the payment to the contractor...................................................................................................................................................... 63 054-24 Authorizing the Mayor to execute an application for the National Park Service Outdoor Recreation Legacy Partnership Program Grant and authorizing the Leisure Services Director and the City Manager to approvethe application.................................................................................................................................65 055-24 Setting a Public Hearing on the Proposed Fiscal Year 2025 Tax Rate and Dollars and Taxpayer Statements..................................................................................................................................................... 66 056-24 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...........................................................68 057-24 Approving a First Amendment to Development Agreement by and Between the City of Dubuque, IA., andFarley & Loetscher, LLC...........................................................................................................................69 058-24 Approving the Acquisition Plat of Lot 1A of Adams company's 5th Addition, in the City of DBQ, IA .....69 059-24 Approving the Simple Subdivision Plat of Pechous Place, Dubuque, IA................................................70 060-24 Approving an Agreement Between the City of Dubuque and ITC Midwest, LLC to Operate an Electric Transmission System in the City of Dubuque................................................................................................70 061-24 Approving a Grant Agreement by and between the City of Dubuque, IA. and 917 Motorsport LLC for the Redevelopment of 243 W 10th Street.....................................................................................................70 062-24 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 andPermits....................................................................................................................................................71 063-24 Approving applications for retail permits to sell Tobacco, Tobacco Products, Alternative Nicotine Products, and Vapor Products, as required by Iowa Code §453A.47A..........................................................71 064-24 Fixing the date for a Public Hearing of the City Council of the City of Dubuque, IA. on the proposed Development Agreement by and between the City of Dubuque, IA. and CBDC, LLC, including the proposed issuance of Urban Renewal Tax Increment Revenue Grant Obligations to CBDC, LLC, and providing for the publication of notice thereof.........................................................................................................................72 065-24 State Revolving Fund (SRF) Loan - Environmental Review Private Lead Service Line Replacement Pilot Program - Approval of an Environmental Review as provided by SRF's Department of Natural Resources for Private Lead Service Line Replacement Pilot Program..................................................................................76 066-24 Approving the release of Historic Real Estate Filings related to Dubuque Racing Association and Q Casino as they have either been exhausted, satisfied, amended, or superseded by subsequent documents and make creating an abstract and title opinion related to financing improvements intended by Dubuque Racing Association on Chaplain Schmitt Island more cumbersome and difficult and consenting to the removal of such filing from the abstract........................................................................................................78 067-24 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...........................................................83 068-24 Approving the acquisition of real estate owned by Ace Construction -Dubuque, L.L.C. by eminent domain and establishing the fair market value of the real estate.................................................................83 069-24 Accepting a Grant of Public Utility Easement and Dedications of Right of Way along Althauser Street and Eagle Street as part of the Althauser Street Watermain and Sanitary Sewer Reconstruction Project, in theCity of Dubuque, IA..................................................................................................................................84 070-24 Accepting the 2023 Maintenance Dredging Project & Authorizing Final Payment to Contractor ......... 85 071-24 Accepting Quit Claim Deed from State of Iowa, Iowa Department of Transportation for Lot A, Lot 4, and Lot 5 of Weber Acres 2nd Addition, Dubuque County, IA.......................................................................85 072-24 Accepting Quit Claim Deed from State of Iowa, Iowa Department of Transportation for Lot B Isaac Hanna 2nd Addition, Dubuque County, IA.....................................................................................................86 073-24 Intent to dispose of an interest in real property through an amendment to the existing lease agreement with the Dubuque Racing Association, LTD. and approving an amendment to the leasehold mortgage between the Dubuque Racing Association, LTD and MidWestOne Bank......................................87 074-24 2024 Maintenance Dredging Project No. 1: 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.............................................................................87 Page 594 of 1311 075-24 Approving the revision of the Public Housing Authority (PHA) Administrative Plan for the Housing ChoiceVoucher Program...............................................................................................................................88 076-24 Authorizing the Mayor to execute the Certification by State or Local Office of Public Housing Agency Plan's consistency with Consolidated Plan & approval of PHA 2024 Annual Plan.........................................89 077-24 Approving a Development Agreement by and between the City of Dubuque, IA. and CBDC, LLC, including the issuance of Urban Tax Increment Revenue Obligations...........................................................89 078-24 Setting the Date for the Public Hearing on the Fiscal Year 2025 Budget...............................................91 079-24 Setting the Date for the Public Hearing on the Five -Year Capital Improvement Program for Fiscal Years 2025 Through 2029 for the City of DBQ for the City of DBQ, and set the public hearings for April 15, 2024 for a meeting to commence at 6...................................................................................................................91 080-24 Disposing of an interest in real property through an amendment to the existing lease agreement with Dubuque Racing Association, LTD. and approving an amendment to the leasehold mortgage between Dubuque Racing Association, LTD and MidWestOne Bank............................................................................92 081-24 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...........................................................94 082-24 Pledging Support and up to $25,000 In -Kind Local Matching Funds for the Dubuque Soil & Water Conservation District's Application for a $825,000 U.S. Department of Agriculture Natural Resource Conservation Service Iowa Partners for Conservation Grant.........................................................................95 083-24 Awarding Sustainable Dubuque Grant to the Boys and Girl Club of Greater Dubuque .........................96 084-24 Awarding Sustainable Dubuque Grant to Jessica Paisley.......................................................................96 085-24 Awarding Sustainable Dubuque Grant to Mississippi River Revival, DBQ, Inc.......................................96 086-24 Awarding Sustainable Dubuque Grant to the Oak View Group.............................................................96 087-24 Awarding Sustainable Dubuque Grant to ReEvolution Farms...............................................................96 088-24 Awarding Sustainable Dubuque Grant to St. Marks Youth Enrichment................................................96 089-24 Awarding Sustainable Dubuque Grant to Dubuque Trees Forever........................................................96 090-24 Authorizing the City Manager to execute an application for Jeffris Foundation Jeffris Heartland Fund Grant and authorizing the Leisure Services Director and the City Manager to approve the application ....101 091-24 Approving an Iowa Land Recycling Program Environmental Covenant on property in the North Port of the Port of Dubuque in the City of Dubuque, IA..........................................................................................102 092-24 Approving the First Amendment to Development Agreement by and Between the City of Dubuque, IA. andSwitch Homes, LLC................................................................................................................................102 093-24 Approving the Final Plat of Splendid Valley Estates, Dubuque County, IA..........................................103 094-24 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 andPermits..................................................................................................................................................103 095-24 Fixing the date for a Public Hearing of the City Council of the City of Dubuque, IA. on the Proposed Development Agreement by and among the City of Dubuque, IA., Woodward Communications, Inc., and WHKS & Co., Inc., including the proposed issuance of Urban Renewal Tax Increment Revenue Grant Obligations to Woodward Communications, Inc.........................................................................................104 096-24 Intent to dispose of an interest in City of Dubuque real estate to Karl Williams, setting a time and place for hearing, and providing for the publication of notice thereof.......................................................105 097-24 Approval of plans, specifications, form of contract, and estimated cost for the 2024 Maintenance DredgingProject No. 1.................................................................................................................................107 098-24 Adoption of Budget and Certification of City Taxes.............................................................................107 099-24 Adopting the City of Dubuque Fiscal Year 2025 Annual Budget..........................................................107 100-24 Adopting the City of Dubuque Five Year Capital Improvement Program............................................107 101-24 Rescinding Resolution No. 87-23, 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........................................................................................109 102-24 Adopting the Five -Year Street Construction Program for Fiscal Years 2025 - 2029.............................118 103-24 Approving the demolition of historic and city owned property at 945 Bluff Street due to deterioration beyondrepair..............................................................................................................................................119 104-24 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.........................................................122 Page 595 of 1311 105-24 Extending the Maturity Dates of the City's Sewer Revenue Capital Loan Notes Anticipation Project Notes, Series 2021A-C..................................................................................................................................122 106-24 Accepting Public Improvement Contract for Burlington St. Water Main Improvement ......................123 107-24 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..........................................................123 108-24 Award Public Improvement Construction Contract for 2024 Maintenance Dredging Project No. 1...124 109-24 Accepting the Kerper Court and Kerper Boulevard Intersection Improvement Project and authorizing final payment to the contractor...................................................................................................................124 110-24 Approving an agreement with QWEST Corporation for a grant of permanent signage easement over QWEST Corporation Property on JFK Road as part of the STREETS Project, in the City of Dubuque, IA ...... 125 111-24 Approving the Consultant Professional Services - Supplemental Agreement No. 1 between AECOM Technical Services, Inc. and City of Dubuque to complete land survey and replating of property along SW Arterial / US52 Corridor from US Highway 20 to US Highway 61 / 151.......................................................125 112-24 Adopting the Amendment of the Citizen Participation Plan for the Community Development Block GrantProgram.............................................................................................................................................126 113-24 Unused.................................................................................................................................................126 114-24 Approving applications for retail permits to sell Tobacco, Tobacco Products, Alternative Nicotine Products, and Vapor Products, as required by Iowa Code §453A.47A........................................................126 115-24 Fixing the date for a public hearing of the City Council of the City of Dubuque, IA. on a development agreement by and between the City of Dubuque, IA. and Wilson House Apts, LLC, including the proposed issuance of urban renewal tax increment revenue obligations relating thereto and providing for the publication of notice thereof.......................................................................................................................127 116-24 2024 Pavement Marking 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............................................................................................128 117-24 Tamarack Sanitary Sewer Extension 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...........................................................................128 118-24 Twin Ridge Sanitary Sewer Extension and Lagoon Abandonment 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 ................129 119-24 Granger Creek Lift Station Improvements: 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...........................................................................129 120-24 North Grandview Avenue Pavement Rehabilitation 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........................................130 121-24 Setting a public hearing for the Eagle Valley, Westbrook, and English Ridge Subdivision Parks DevelopmentProject...................................................................................................................................131 122-24 Intent to dispose of an interest in City of Dubuque real estate to Timothy Johnson, setting a time and place for hearing, and providing for the publication of notice thereof.......................................................131 123-24 Setting the date for the public hearing on Amendment No. 2 to the Fiscal Year 2024 Budget for the Cityof Dubuque...........................................................................................................................................132 124-24 Setting the date for a public hearing on Iowa DOT Consolidated Funding Application .......................132 125-24 Approving a Development Agreement by and among the City of Dubuque, IA., Woodward Communications, Inc., and WHKS & Co., Inc. 799 Main, LLC including the issuance of urban tax increment revenueobligations.....................................................................................................................................133 126-24 Disposing of city interest in real property at 627 Rhomberg, in the City of Dubuque, IA....................133 127-24 Setting a public hearing to solicit public input for City of Dubuque PRICE Grant Application to be submitted to U.S. Department of Housing & Urban Development by June 5, 2024....................................135 128-24 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.........................................................137 129-24 Supporting the submission of an Iowa Economic Development Authority (IEDA) application to the Workforce Housing Tax Credit Program by 799 Main, LLC..........................................................................138 Page 596 of 1311 130-24 Supporting the submission of an Iowa Economic Development Authority (IEDA) application to the Workforce Housing Tax Credit Program by Farley & Loetscher, LLC...........................................................138 131-24 Approving the Fourth Amendment to the Management Agreement between the City of Dubuque, IA. andASM Global...........................................................................................................................................139 132-24 Authorizing approval of the Final Plat of The Farm, in the City of Dubuque, IA..................................139 133-24 Accepting the Maus Park Lake Pump Station Culvert Repair Project and authorizing final payment to thecontractor..............................................................................................................................................142 134-24 Accepting the Upper Bee Branch Creek Restoration Railroad Sanitary Interceptor Crossing Project and authorizing final payment to the contractor................................................................................................142 135-24 Awarding Public Improvement Contract for 2024 ADA Sidewalk Curb Ramp Project One .................142 136-24 Awarding Public Improvement Contract for 2024 ADA Sidewalk Curb Ramp Project Two .................143 137-24 Awarding Public Improvement Contract for the Catherine Street Storm Sewer Project.....................143 138-24 Approving Consultant Professional Services —Agreement Amendment No. 1 between the City of Dubuque and RDG Planning and Design for the Destination Iowa Schmitt Island Amphitheater Project ... 143 139-24 Approving the Preconstruction Funding Agreement (Agreement No. 2020-6-036) between the City of Dubuque and Iowa Department of Transportation for City Water Main Relocation and Storm Sewer Improvements associated with the completed US Highway 20 / Swiss Valley Road Interchange Project ..144 140-24 Adopting the Fiscal Year 2025 (Program Year 2024) Community Development Block Grant (CDBG) AnnualAction Plan.......................................................................................................................................145 141-24 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 andPermits..................................................................................................................................................145 142-24 Fixing the date for a public hearing of the City Council of the City of Dubuque, IA. on a First Amendment to Grant Agreement by and between the City of Dubuque, IA. and Forward Investments Group LLC, including the proposed issuance of urban renewal tax increment revenue obligations relating thereto, and providing for the publication of notice...................................................................................146 143-24 Setting a public hearing for a Subordination Agreement by and among Virtual Velocity, LLC, Dubuque Initiatives, Michael and Denise Erschen, and the City of Dubuque, IA. for interest in property located at 1199 Central Avenue...................................................................................................................................147 144-24 A resolution of necessity finding that certain areas to be included within the South Pointe Housing Urban Renewal Area meet the definition of an Economic Development Area under the Urban Renewal Law, and that development of said areas are necessary in the interest of the residents of the City of Dubuque, IA., and setting dates of hearing and consultation on a proposed Amended and Restated Urban Renewal Planfor said area.........................................................................................................................................148 145-24 Approving a Development Agreement by and between the City of Dubuque, IA., and Wilson House Apts., LLC including the issuance of urban tax increment revenue obligations...........................................149 146-24 Unused.................................................................................................................................................149 147-24 Approval of plans, specifications, form of contract, and estimated cost for the Tamarack Sanitary SewerExtension Project..............................................................................................................................150 148-24 Approval of plans, specifications, form of contract, and estimated cost for the Twin Ridge Sanitary Sewer Extension and Lagoon Abandonment Project...................................................................................150 149-24 Approval of plans, specifications, form of contract, and estimated cost for the Granger Creek Lift Station Improvement Project......................................................................................................................150 150-24 Approval of plans, specifications, form of contract, and estimated cost for the North Grandview Avenue Pavement Rehabilitation Project....................................................................................................151 151-24 Approval of plans, specifications, and estimated cost for the Eagle Valley, Westbrook, and English Ridge Subdivision Parks Development Project............................................................................................151 152-24 Disposing of City interest in real property at 2601 Jackson, in the City of Dubuque, IA......................151 153-24 Amending the current budget for Fiscal Year Ending June 2024 (as last certified or amended on 10/ 16/202 3).................................................................................................................................................15 2 154-24 Authorizing the filing of a grant application with the U.S. Department of Transportation Federal Railroad Administration for a Consolidated Rail Infrastructure and Safety Improvements (CRISI) Grant to assist with funding for proposed safety, efficiency, and reliability improvements to at -grade railroad crossings in the City of Dubuque.................................................................................................................154 Page 597 of 1311 155-24 2024 Pavement Marking 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, thus setting a public hearing for a meeting to commence at 6:30 p.m. on June 3, 2024 in the Historic Federal Building..........................................................................155 156-24 Public hearing to solicit public input and City Council approval for City of Dubuque PRICE Grant Application to be submitted to U.S. Department of Housing and Urban Development by July 10, 2024 ...156 157-24 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.........................................................158 158-24 Award Public Improvement Contract for North Grandview Ave. Pavement Rehabilitation Project ...159 159-24 Awarding Public Improvement Contract for 2024 ADA Sidewalk Curb Ramp Project 3 ......................159 160-24 Awarding Public Improvement Contract for 2024 ADA Sidewalk Curb Ramp Project 4......................159 161-24 Awarding Equitable Community Grant to Hills & Dales Childcare Center...........................................160 162-24 Awarding Equitable Community Grant to Red Basket Project.............................................................160 163-24 Authorizing approval of the Final Plat of South Pointe #2 in the City of Dubuque, IA.........................161 164-24 Approving applications for retail permits to sell Tobacco, Tobacco Products, Alternative Nicotine Products, and Vapor Products, as required by Iowa Code §453A.47A........................................................163 165-24 Fixing the date for a public hearing of the City Council of the City of Dubuque, IA. on a Development Agreement by and between the City of Dubuque, IA. and Millwork Flats, L.L.C., including the proposed issuance of urban renewal tax increment revenue obligations relating thereto and providing for the publication of notice thereof.......................................................................................................................164 166-24 Fixing the date for a public hearing of the City Council of the City of Dubuque, IA. on the First Amendment to Development Agreement by and between the City of Dubuque, IA. and South Pointe, L.L.C., including the proposed reimbursement of South Pointe, L.L.C. for certain infrastructure improvements with urban renewal tax increment revenue and providing for the publication of notice thereof .......................165 167-24 Seippel Road Water Main Lowering 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...........................................................................165 168-24 Approving a First Amendment to Grant Agreement by and between City of Dubuque, IA. and Forward Investments Group LLC, including proposed issuance of urban renewal tax increment revenue obligations relating thereto, and providing for publication of notice thereof...............................................................166 169-24 Approving a Subordination Agreement by and among Virtual Velocity, LLC, Dubuque Initiatives, Michael and Denise Erschen, and the City of Dubuque, IA. for interest in property located at 1199 Central Avenue.........................................................................................................................................................167 170-24 Approval of plans, specifications, form of contract, and estimated cost for the 2024 Pavement MarkingProject . .......................................................................................................................................... 167 171-24 Adopting a Master Plan Update for the Historic Millwork District......................................................168 172-24 Supporting the submission of an Iowa Economic Development Authority (IEDA) application to the Workforce Housing Tax Credit Program by Millwork Flats, L.L.0.................................................................168 173-24 Supporting the submission of an Iowa Economic Development Authority (IEDA) application to the Workforce Housing Tax Credit Program by Miller Companies.....................................................................168 174-24 Supporting the submission of an Iowa Economic Development Authority (IEDA) application to the Workforce Housing Tax Credit Program by Corridordbq, LLC......................................................................168 175-24 Supporting the submission of an Iowa Economic Development Authority (IEDA) application to the Workforce Housing Tax Credit Program by Dubuque Initiatives.................................................................168 176-24 Supporting the submission of an Iowa Economic Development Authority (IEDA) application to the Workforce Housing Tax Credit Program by Plastic Center, Inc....................................................................168 177-24 Supporting the submission of an Iowa Economic Development Authority (IEDA) application to the Workforce Housing Tax Credit Program by JB Lofts, LLC.............................................................................168 178-24 Supporting the submission of an Iowa Economic Development Authority (IEDA) application to the Workforce Housing Tax Credit Program by Wilson House Apts, LLC...........................................................168 179-24 Authorizing to permanently close the 151h Street railroad at -grade crossing......................................172 180-24 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.........................................................175 181-24 Authorizing execution of FY25 Purchase of Services Grant Agreement to Four Mounds Foundation 176 Page 598 of 1311 182-24 Authorizing execution of FY25 Purchase of Services Grant Agreement to Four Oaks Family and Children's Services.......................................................................................................................................176 183-24 Authorizing execution of FY25 Purchase of Services Grant Agreement to Iowa Legal Aid ..................177 184-24 Authorizing execution of FY25 Purchase of Services Grant Agreement to Northeast Iowa Area Agency onAging, Inc................................................................................................................................................177 185-24 Authorize execution FY25 Purchase of Services Grant Agreement to Presentation Lantern Center ... 177 186-24 Authorize execution FY25 Purchase of Services Grant Agreement to St. Mark Youth Enrichment ..... 177 187-24 Authorizing execution of FY25 Purchase of Services Grant Agreement to Waypoint .........................177 188-24 Authorizing the First Amendment to the CDBG Subrecipient Agreement between the City of Dubuque and Catholic Charities of the Archdiocese of Dubuque...............................................................................179 189-24 Approving an Agreement by and between the City of Dubuque, IA. and Rabbit Hollow Nature Conservancy, Inc. for the Grant of Easements for Sanitary Sewer Utility and Sanitary Sewer Access for the Old Mill Rd. Lift Station Project....................................................................................................................179 190-24 Approving a Purchase Agreement between the City of Dubuque, Rabbit Hollow Nature Conservancy, Inc. and Iowa Natural Heritage Foundation and authorizing the acceptance of the deed to certain real estatein Dubuque County, IA......................................................................................................................180 191-24 Accepting the Althauser St. Retaining Wall Repair Project and authorizing final payment to the contractor....................................................................................................................................................180 192-24 Approving the Final Plat of Oberbroeckling Subdivision No. 3, Dubuque County, IA..........................181 193-24 Establishing the schedule of rates for disposal of private hauled waste to Water & Resource Recovery Center as provided for in 13-2B-8(F) of City of Dubuque Code of Ordinances............................................181 194-24 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 andPermits..................................................................................................................................................182 195-24 Approving applications for retail permits to sell Tobacco, Tobacco Products, Alternative Nicotine Products, and Vapor Products, as required by Iowa Code §453A.47A........................................................183 196-24 Approving the Amended and Restated Urban Renewal Plan Version 2024.1, for the South Pointe Housing Urban Renewal Area......................................................................................................................189 197-24 Approving the Extension Agreement by and Among the City of Dubuque, IA., Dubuque County, IA., and the Dubuque Community School District for the Division of Revenue for the South Pointe Housing UrbanRenewal Area....................................................................................................................................189 198-24 Approving a First Amendment to Development Agreement by and between the City of Dubuque, IA. and South Pointe, L.L.C., including the proposed reimbursement of South Pointe, L.L.C. for certain infrastructure improvements with Urban Renewal Tax Increment Revenue..............................................190 199-24 Approving a Development Agreement by and between the City of Dubuque, IA., and Millwork Flats, L.L.C. including the issuance of Urban Tax Increment Revenue Obligations...............................................191 200-24 Approval of plans, specifications, form of contract, and estimated cost for the Seippel Road Water MainLowering Project.................................................................................................................................191 201-24 Approval of Consolidated Funding Application to Iowa DOT...............................................................192 202-24 Awarding Public Improvement Contract for the 2024 Pavement Marking Project.............................193 203-24 Awarding Public Improvement Construction Contract Tamarack Sanitary Sewer Extension Project..193 204-24 Awarding Public Improvement Construction Contract for the Twin Ridge Sanitary Sewer Extension and Lagoon Abandonment Project.....................................................................................................................193 205-24 Award Public Improvement Construction Contract Granger Creek Lift Station Improvement Project194 206-24 Awarding the Public Improvement Construction Contract for the Eagle Valley, Westbrook, and English Ridge Subdivision Park Development Project..............................................................................................194 207-24 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........................................................211 208-24 Authorizing the Chief Financial Officer to make the Appropriate Interfund Transfers of Sums and Record the Same in the Appropriate Manner for the FY 2024 for the City of Dubuque, IA ........................ 212 209-24 Awarding Public Improvement Contract for Seippel Road Water Main Lowering Project ..................214 210-24 Approving a Federal Emergency Management Agency Pre -Disaster Mitigation Grant Application Construction of the Dubuque Flood Mitigation Gates and Pumps Project and Establishing Authorized City Representatives as Required to Submit the Application.............................................................................214 Page 599 of 1311 211-24 Local Match for Hazard Mitigation Assistance Program......................................................................214 212-24 Approving the Consultant Professional Services - Supplemental Agreement No. 2 Between HDR Inc. and the City of Dubuque for the East-West Corridor Capacity Improvements............................................215 213-24 Approving an Amended Federal -Aid Swap Funding Agreement (6-19-STBG-SWAP-040-A) with the Iowa Department of Transportation for the Development and Advancement of East-West Corridor Capacity Improvements.............................................................................................................................................216 214-24 Accepting a Grant of Permanent Embankment Easement through, under and across Part of Lot 1 of the Subdivision of Mineral Lot 513, Lot 1 of Lot 1 of Mineral Lot 507, and.................................................216 215-24 Accepting the Grant of Easements from Rabbit Hollow Nature Conservancy, Inc..............................216 216-24 Accepting the Deed from Rabbit Hollow Nature Conservancy, Inc. to Certain Real Estate in Dubuque County, IA....................................................................................................................................................217 217-24 Awarding Public Improvement Construction Contract for Pickett St. Rehabilitation Project..............217 218-24 Setting a Public Hearing for the Jefferson Park Retaining Wall Project...............................................218 219-24 Locust Street Parking Ramp Repairs 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........................................................................... 218 220-24 Resolution of Necessity Finding that Certain Property in and Near Mount Pleasant Place Subdivision 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, IA., and Setting a Date for Hearing on a Proposed Urban Renewal Plan ForSaid District............................................................................................................................................219 221-24 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.........................................................225 222-24 Authorizing the Chief Financial Officer to make the appropriate interfund transfers of sums and record the same in the appropriate manner for the FY 2024 for the City of Dubuque, IA......................................225 223.24 Approving the Plat of Survey Arthofer's Skyline Addition 2, in the City of Dubuque, IA .....................226 224-24 Approving the Plat of Survey of Plaza 20 No. 9, in the City of Dubuque, IA........................................227 225-24 Accepting a Grant of Public Sanitary Sewer Easement through, under and across parts of Lots 1-2 and 2-2 of Pizza Ranch Place, in the City of Dubuque, IA................................................................................... 227 226-24 Approving an Agreement between the City of Dubuque, IA. and Dubuque Housing, LLC ..................227 227-24 Approving the Petition and Waiver Agreements for Pickett St. Rehabilitation Project .......................228 228-24 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 andPermits..................................................................................................................................................228 229-24 Old Mill Lift Station and Force Main Project — Phase I: 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.....................................................229 230-24 Approval of plans, specifications, form of contract, and estimated cost for the Locust Street Parking RampRepairs Project...................................................................................................................................230 231-24 Approval Of plans, specifications, and estimated cost for the Jefferson Park Retaining Wall ReplacementProject....................................................................................................................................230 232-24 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.........................................................234 233-24 Authorizing the Chief Financial Officer to Make the Appropriate Interfund Transfers of Sums and Record the Same in the Appropriate Manner for the FY 2024 for the City of Dubuque, IA ........................234 234-24 Adopting the Fiscal Year 2024 (Program Year 2023) Community Development Block Grant (CDBG) Annual Action Plan Amendment #3 Non -Substantial Amendment.............................................................235 235-24 Accepting a Grant of Storm Water Detention Basin Access Easement through, over and across part of Lot 2 of Cedar Ridge Farm Place # 10, in the City of Dubuque, IA...............................................................235 236-24 Accepting a Grant of Easement for Water Main Utility through, over and across part of Lot 2 of Callahan Place, City of Dubuque, IA.............................................................................................................236 237-24 Award Public Improvement Construction Contract 2024 Airport ADA Ramp Replacement Project ...236 238-24 Accepting the Pickett Street Rehabilitation Project and Authorizing the Payment of the Contract Amountto the Contractor........................................................................................................................... 236 239-24 Adopting the Final Assessment Schedule for the Pickett Street Rehabilitation Project ......................236 Page 600 of 1311 240-24 Awarding Public Improvement Contract for Locust St. Parking Ramp Repairs Project ........................237 241-24 Approving a Pre -Annexation Agreement between the City of Dubuque, IA. and David and Randa Chesney and Kellhoff Properties, LLC..........................................................................................................238 242-24 Awarding the Public Improvement Construction Contract for the Jefferson Park Retaining Wall ReplacementProject....................................................................................................................................238 243-24 Approving applications for retail permits to sell Tobacco, Tobacco Products, Alternative Nicotine Products, and Vapor Products, as required by Iowa Code §453A.47A........................................................239 244-24 Construction of a single-family home on a City -owned infill lot located at 2527 Washington St., setting a time and place for Hearing, and providing for the publication of Notice.................................................239 245-24 Well No. 7 Rehabilitation Project 2024 — Phase 2 - 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...................................................................240 246-24 Authorizing and directing the City Manager to prepare an Amended and Restated Urban Renewal Plan, Version 2024.1, 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 2024.1, for saiddistrict...................................................................................................................................................240 247-24 Authorizing and directing the City Manager to prepare an Amended and Restated Urban Renewal Plan, Version 2024.2, 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 2024.2, for saiddistrict...................................................................................................................................................241 248-24 Setting a Public Hearing on the Fiscal Year 2025 (Program Year 2024) Community Development Block Grant (CDBG) Annual Action Plan Amendment #1......................................................................................242 249-24 State Revolving Fund (SRF) Loan - Environmental Review Private Lead Service Line Replacement Pilot Program - Set the Date for a Public Hearing of the City Council of the city of Dubuque, IA. on Approval of an Environmental Review as Provided By SRF's Department of Natural Resources for the Private Lead Service LineReplacement Pilot Program..................................................................................................................242 250-24 Approving Urban Renewal Plan for Mount Pleasant Place Housing Urban Renewal Area ..................243 251-24 Authorizing Execution of Software as a Service Contract with Neighborly Software ..........................245 252-24 (1) Approving minimum requirements, competitive criteria, and offering procedures for the development and sale of certain real property and improvements in the Greater Downtown Urban Renewal District; (2) determining that offer to purchase submitted by Kinseth Hospitality Company, Inc. satisfies offering requirements with respect to real property and improvements and declaring the intent of City Council to approve the sale to Kinseth Hospitality Comany, Inc.in the event that no competing proposals are submitted; and (3) soliciting competing proposals...............................................................247 253-24 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.........................................................251 254-24 Naming Depositories...........................................................................................................................252 255-24 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 andPermits..................................................................................................................................................253 256-24 Approving applications for retail permits to sell Tobacco, Tobacco Products, Alternative Nicotine Products, and Vapor Products, as required by Iowa Code §453A.47A ........................................................253 257-24 Fixing the date for a public hearing of the City Council of the City of Dubuque, IA. on a First Amendment to Development Agreement by and between the City of Dubuque, IA. and CARich Properties, LLC, including the proposed issuance of urban renewal tax increment revenue obligations relating thereto, and providing for the publication of notice thereof....................................................................................254 258-24 Keymont Drive Pavement Rehabilitation 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........................................................................... 255 259-24 Unused.................................................................................................................................................255 260-24 Approval of plans, specifications, form of contract, and estimated cost for the Old Mill Lift Station and ForceMain Project — Phase I.......................................................................................................................257 261-24 Approval of contract for construction of a single-family home on a city -owned infill lot located at 2527 Washington Street, in the City of Dubuque, IA............................................................................................257 Page 601 of 1311 262-24 Approval of plans, specifications, form of contract, and estimated cost for the Well No. 7 Rehabilitation Project 2024 — Phase 2.........................................................................................................258 263-24 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 .........................................................262 264-24 Authorizing the Chief Financial Officer to make the appropriate interfund transfers of sums and record the same in the appropriate manner for the FY 2024 for the City of Dubuque, IA......................................263 265-24 Accepting Public Sanitary Sewer Improvements Across Part of Lot 1 of Switch Development at JFK No.1, in the City of Dubuque, IA..................................................................................................................263 266-24 Series Resolution authorizing and approving a Loan and Disbursement Agreement and providing for the issuance of $2,536,000 Sewer Revenue Bonds, Series 2024 and other documents related to the Series 2024 Bonds..................................................................................................................................................264 267-24 Approving the Second Amendment to Lease Agreement by and between the City of Dubuque and Dubuque Cellular Telephone, L.P. for equipment upgrade and extended term..........................................268 268-24 Approving Acquisition Plat of Lot 1A and Lot 113 of Airborne Place, in City of Dubuque .....................268 269-24 In support of Iowa State Historic Preservation Tax Credit Part 26 Application submitted to the Iowa Economic Development Authority by First Congregational Church for a Historic Rehabilitation Project at 1044 Locust Street....................................................................................................................................... 268 270-24 In support of Iowa State Historic Preservation Tax Credit Part 213 Application submitted to the Iowa Economic Development Authority by St. Elias The Prophet Greek Orthodox Church for a Historic Rehabilitation Project at 419 N. Grandview Ave.......................................................................................... 269 271-24 In support of Iowa State Historic Preservation Tax Credit Part 26 Application submitted to the Iowa Economic Development Authority by St. Raphael's Convent and School and St. Raphael's Cathedral Church for a Historic Rehabilitation Project at 231 Bluff Street...............................................................................269 272-24 Support of Main Street Challenge Grant Application submitted to Iowa Economic Development Authority by Dubuque Main Street for rehabilitation project at 980 Main Street......................................270 273-24 Authorizing the City to collect delinquent grass & weed cutting & garbage collection charges in accordance with Title 6-4-3A and Title 6-8-2 of Code of Ordinances of City of DBQ, IA..............................271 274-24 Awarding Public Improvement Construction Contract & authorizing payment for the USEPA Brownfields Multipurpose Grant E. 241h Street Site Contaminated Soil Removal Project ...........................272 275-24 Water Treatment Plant SCADA System Upgrade Project: preliminary approval of plans, specifications, form of contract, and estimated cost; setting the date of the public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids.....................................................273 276-24 Intent to vacate and dispose of city interest in a portion of Storm Water Detention Basin Access Easement through, over, & across Part of Lot 2 of Cedar Ridge Farm Place # 10, in City of Dubuque, IA ... 274 277-24 Approving the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, Version 2024.1................................................................................................................................275 278-24 Approving the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, Version 2024.2................................................................................................................................275 279-24 Approving a First Amendment to Development Agreement by and between the City of Dubuque, IA. and CARich Properties, LLC, including the proposed issuance of urban renewal tax increment revenue obligationsrelating thereto.........................................................................................................................276 280-24 Approval of plans, specifications, form of contract, and estimated cost for the Keymont Drive Pavement Rehabilitation Project.................................................................................................................276 281-24 Awarding Public Improvement Contract Old Mill Lift Station & Force Main Project Phase I...............328 282-24 Awarding Public Improvement Construction Contract for the Well No. 7 Rehabilitation Project 2024 — Phase2.........................................................................................................................................................328 283-24 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.........................................................330 284-24 Approving the Termination Agreement and Release terminating the Development Agreement by and between the City of Dubuque, IA. and McCoy Group, Inc...........................................................................331 285-24 Intent to dispose of an interest in real property owned by the City of Dubuque by Lease between the City of Dubuque and HHH Enterprises, LLC..................................................................................................331 286-24 Accepting a Grant of Easement for Public Utilities Through, Over and Across Part of Lot 1 of Roger F. & Kathleen A. Klauer Family Place, in the City of Dubuque, IA........................................................................332 Page 602 of 1311 287-24 Accepting a Grant of Easement for Public Utilities through, over and across Part of Lot 2 of Schreiber Subdivision, in the City of Dubuque, IA........................................................................................................332 288-24 Accepting the U.S. Hwy 20 and Devon Drive Frontage Road Project and authorizing final payment to thecontractor..............................................................................................................................................332 289-24 Authorizing the submission of a Consolidated Annual Performance and Evaluation Report (CAPER) for the period commencing July 1, 2023, and concluding June 30, 2024..........................................................333 290-24 Authorize submittal of application for Local Housing Trust Funds to Iowa Finance Authority ............ 333 291-24 Accepting Public Improvement Contract for the Comiskey Park — Phase 1 Redevelopment Project.. 334 292-24 Approving an agreement between the City of Dubuque and ITC Midwest, LLC to operate an electric transmission system in the City of Dubuque...............................................................................................334 293-24 Approve applications for retail alcohol licenses, as required by City of DBQ Code Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits...... 334 294-24 Iowa Amphitheater on Schmitt Island Project — Bid Package No. 1 (Site Demolition & Mass Grading) preliminary approval of plans, specifications, form of contract, estimated cost, setting date of public hearing on plans, specifications, form of contract, estimated cost, ordering the advertisement for bids.. 335 295-24 Resolution 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 $ 2 2, 0 0 0, 000................................................................................................................................................. 336 296-24 Resolution of necessity finding that certain property in and near the North Cascade Road Urban Renewal Area is an Economic Development Area and that the development of said area is necessary in the intertest of the residents of the City of Dubuque, IA., and setting a date for a hearing on a proposed amended and restated urban renewal plan for said area...........................................................................337 297-24 Approving disposal of an interest in real property owned by the City of Dubuque by sale through a Development Agreement with Kinseth Hospitality Company, Inc...............................................................339 298-24 Adopting the Fiscal Year 2025 (Program Year 2024) Community Development Block Grant (CDBG) AnnualAction Plan Amendment#1.............................................................................................................340 299-24 Disposing of property by vacating city interest in portion of Storm Water Detention Basin Access Easement through, over and across part of Lot 2 of Cedar Ridge Farm Place # 10, in City of Dubuque, IA 341 300-24 State Revolving Fund (SRF) Loan - Environmental Review Private Lead Service Line Replacement Pilot Program: approval of Environmental Review as provided by SRF's Department of Natural Resources for Private Lead Service Line Replacement Pilot Program................................................................................341 301-24 Approval of plans, specifications, form of contract, and estimated cost for the Water Department Operations SCADA System Upgrade Project................................................................................................342 302-24 Awarding Public Improvement Contract for Keymont Dr. Pavement Rehabilitation Project ..............342 303-24 Approving a Sublease and Operations Agreement between the City of Dubuque, IA. and Dubuque ForwardLLC.................................................................................................................................................343 304-24 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.........................................................347 305-24 Accepting the North Grandview Avenue Pavement Rehabilitation Project and authorizing final paymentto the contractor.......................................................................................................................... 347 306-24 Accepting Grants of Easement for Access and Maintenance Associated with the 2024 SRF Green Alley Project, in the City of Dubuque, IA..............................................................................................................348 307-24 Approving a 2024 Boating Infrastructure Tier 1 Grant Subrecipient Agreement (Agreement No. 25CRDFBGSCHO-0001) with the Iowa Department of Natural Resources to assist with maintenance dredgingat Dubuque Marina.......................................................................................................................348 308-24 Approving a Pre -Annexation Agreement between City of Dubuque and David Herbst ......................349 309-24 Approving a Pre -Annexation Agreement between the City of Dubuque, IA. and St. Joseph's Church, Key West & St. Joseph's Church Corp (Key West)........................................................................................349 310-24 Approving the Assignment and Assumption of the Lease Agreement by and among the City of Dubuque, IA., David S. Hartig Jr., and Rabbit Hollow Nature Conservancy Inc............................................350 311-24 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 $27,000,000 .............350 312-24 Setting a public hearing on the intent to consider the removal of a commissioner from the Equity and HumanRights Commission.......................................................................................................................... 351 Page 603 of 1311 313-24 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 advertisementfor bids.................................................................................................................................352 314-24 Approving the preliminary plats, schedule of assessments and estimate of total cost for the 2024 SRF GreenAlley Project......................................................................................................................................352 315-24 Of necessity for the 2024 SRF Green Alley Project..............................................................................352 316-24 Fixing date of public hearing on resolution of necessity.....................................................................352 317-24 Approval of Plans, Specifications, Form of Contract, and Estimated Cost for the Iowa Amphitheater on Schmitt Island Project — Bid Package No. 1 (Site Demolition & Mass Grading)...........................................354 318-24 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.........................................................358 319-24 Awarding Sustainable Dubuque Grant to Dubuque Arboretum & Botanical Gardens ........................359 320-24 Awarding Sustainable Dubuque Grant to City Girl Farming.................................................................359 321-24 Not Adopted........................................................................................................................................ 360 322-24 Awarding Sustainable Dubuque Grant to Convivium Urban Farmstead..............................................359 323-24 Awarding Sustainable Dubuque Grant to PALS: People Associated with Lincoln Elementary School .359 324-24 Awarding Sustainable Dubuque Grant to Dubuque Rescue Mission Garden ......................................359 325-24 Accepting a Grant of Permanent Embankment Easement Through, Over and Across Part of Lot 6 of Block 3 of Eagle Valley Subdivision, in the City of Dubuque, IA...................................................................363 326-24 Authorizing Mayor to Execute Grant Funding Agreement for services between City of Dubuque and the East Central Intergovernmental Association in Connection with SMART Grant — Metro Dubuque Traffic Data Aggregation for Connected Vehicles Project for DMATS Area............................................................363 327-24 Approving Subaward Agreement (Agreement No. LPDM-PJ-07-IA- 2024-001) with the Iowa Department of Homeland Security and Emergency Management and the Federal Emergency Management Agency to assist with Bee Branch Stormwater Pumping Station — Phase IV of the Bee Branch Watershed FloodMitigation Project..............................................................................................................................364 328-24 Approving Plat of Proposed Vacated Alley between the West line of Finley Street and the East Line of Bunker Hill Road, in Finley's Addition to the City of Dubuque, in the City of Dubuque, IA., to be known as Lot 186a Finley's Addition in the City Of Dubuque, IA.................................................................................365 329-24 Approving the Final Plat of Middle Fork Second Addition, In the City of Dubuque, IA........................365 330-24 Authorizing Execution of CDBG Subrecipient Agreement with Area Residential Care ........................365 331-24 Approving City Consent to Collateral Assignment of Development Agreement by And Between the City of Dubuque, IA. and Metx, LLC From Metx, LLC To Bankers Trust Company...............................................366 332-24 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 andPermits..................................................................................................................................................367 333-24 Intent to vacate and dispose of the alley between the West Line of Finley Street and the East Line of Bunker Hill Road, in Finley's Addition to the City of Dubuque, in the City of Dubuque, IA., to be known as Lot 186a Finley's Addition in the City of Dubuque, IA.................................................................................368 334-24 Kerper Boulevard Lift Station 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...........................................................................368 335-24 Broadway Street Sanitary Sewer 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....................................................369 336-24 Ruby Sutton Building 2nd Floor Renovation 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....................................................................369 337-24 Setting a Public Hearing to review and approve Public Housing Authority's Administrative Plan ......370 338-24 Fixing the Date for A Public Hearing of The City Council of The City of Dubuque, IA. On A Development Agreement by And Between the City of Dubuque, IA. And Dubuque Housing, LLC, Including the Proposed Issuance of Urban Renewal Tax Increment Revenue Obligations Relating Thereto and Providing for the Publication of Notice Thereof......................................................................................................................371 Page 604 of 1311 339-24 Approving the Amended and Restated Urban Renewal Plan for The North Cascade Road Housing UrbanRenewal Area....................................................................................................................................372 340-24 Taking additional action on proposal to enter into Sewer Revenue Loan Disbursement Agreement.373 341-24 Awarding Public Improvement Contract for the Iowa Amphitheater on Schmitt Island Project — Bid Package No. 1 (Site Demolition & Mass Grading)........................................................................................374 342-24 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.........................................................376 343-24 Relating to financing of proposed projects and acquisitions to be undertaken by City of Dubuque, IA. establishing compliance with reimbursement bond regulations under the Internal Revenue Code ..........377 344-24 Accept Deed to Certain Real Estate in Dubuque County, IA. from Edward and Joan Tschiggfrie ........ 378 345-24 Accepting the City Hall Annex Roof Replacement Project and Authorizing Final Payment to The Contractor.................................................................................................................................................... 378 346-24 Authorizing 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 City of Dubuque.....................379 347-24 Approving a Third Amendment to Development Agreement by and Between the City of Dubuque, IA. andUnion at The Marina, LP.......................................................................................................................380 348-24 Fixing the Date for A Public Hearing of The City Council of The City of Dubuque, IA. on a Development Agreement by and between the City of Dubuque, IA. and Dubuque Racing Association, Ltd., including the proposed issuance of Urban Renewal Tax Increment Revenue Obligations relating thereto and providing for the publication of notice thereof.................................................................................................................380 349-24 Iowa Amphitheater On Schmitt Island Project - Bid Package No. 2 (Utilities, Paving & Amphitheater Stage): 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 advertisementfor bids.................................................................................................................................381 350-24 Bunker Hill Golf Course — Phase 3 Irrigation 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......................................................................................................................382 351-24 Approve Plans, Specifications, Form of Contract, & Estimated Cost 2024 SRF Green Alley Project .... 382 352-24 Resolution of Necessity Proposed for The SRF Green Alley Bid 2024 SRF Green Alley Project ...........383 353-24 Approve Schedule of Assessments and Estimate of Total Cost for 2024 SRF Green Alley Bid Project 383 354-24 Vacating The Alley Between The West Line Of Finley Street And The East Line Of Bunker Hill Road, In Finley's Addition To The City Of Dubuque, In The City Of Dubuque, IA., To Be Known As Lot 186A Finley's Addition In The City Of Dubuque, IA............................................................................................................383 355-24 Disposing of City Interest in Lot 186A Finley's Addition in the City of Dubuque, IA ............................383 356-24 Approval of Plans, Specifications, Form of Contract, And Estimated Cost for The Kerper Blvd Lift StationProject.............................................................................................................................................384 357-24 Approval of Plans, Specifications, Form Of Contract, And Estimated Cost For The Broadway Street Sanitary Sewer Improvement Project..........................................................................................................384 358-24 Approval of Plans, Specifications, Form of Contract, And Estimated Cost for The Ruby Sutton Building 2nd Floor Renovation Project........................................................................................................................385 359-24 Approving Development Agreement by and between City of Dubuque and Dubuque Housing, LLC, including the issuance of Urban Renewal Tax Increment Revenue Obligations..........................................385 360-24 Resolution Approving the Revision of The Public Housing Authority (PHA) Administrative Plan for The Housing Choice Voucher Program...............................................................................................................385 361-24 Authorizing the City Manager to Amend the City of Dubuque Downtown Rehabilitation Grant Award Program.......................................................................................................................................................386 362-24 Authorizing the Filing of An Application with The Iowa Economic Development Authority for Business Financial Assistance on Behalf of Universal Tank & Fabrication, Inc...........................................................387 363-24 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.........................................................390 364-24 Approving the Fiscal Year 2024 Urban Renewal Report for The City of Dubuque...............................390 365-24 Consenting to The Sublease Between the Dubuque Racing Association Ltd. And Pinseekers Dubuque Re, LLC, And Pinseekers Dubuque Operations, LLC.....................................................................................391 Page 605 of 1311 366-24 Accepting The 2024 ADA Sidewalk Curb Ramp Project One and Authorizing Final Payment to The Contractor.................................................................................................................................................... 391 367-24 Accepting The 2024 ADA Sidewalk Curb Ramp Project Two and Authorizing Final Payment to The Contractor.................................................................................................................................................... 392 368-24 Accepting The 2024 Ada Sidewalk Curb Ramp Project No. 3 And Authorizing Final Payment to The Contractor.................................................................................................................................................... 392 369-24 Accepting The 2024 ADA Sidewalk Curb Ramp Project No. 4 And Authorizing Final Payment to The Contractor.................................................................................................................................................... 392 370-24 Accepting The 2024 Airport ADA Ramp Replacement Project and Authorizing Final Payment to The Contractor.................................................................................................................................................... 393 371-24 Accepting the Bunker Hill Golf Course Sinkhole Remediation Project and Authorizing Final Payment to TheContractor.............................................................................................................................................393 372-24 Extending the maturity date of the City's Water Revenue Capital Loan Note Anticipation Project Note R-1, Series 2022...........................................................................................................................................393 373-24 Adopting Supplement Nos. 2024 5-13 & 5-14 to Code of Ordinances of City of DBQ.........................394 374-24 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 andPermits..................................................................................................................................................394 375-24 Fixing the Date for A Public Hearing of The City Council of The City of Dubuque, IA. On A Development Agreement by And Between the City of Dubuque, IA. And Miller Companies, LLC, Including the Proposed Issuance of Urban Renewal Tax Increment Revenue Obligations Relating Thereto, And Providing for The Publication of Notice Thereof......................................................................................................................395 376-24 Fixing the Date for A Public Hearing of The City Council of The City of Dubuque, IA. On A Development Agreement by And Between the City of Dubuque, IA. And Limestone Legacy, LLC, Including the Proposed Issuance of Urban Renewal Tax Increment Revenue Obligations Relating Thereto, And Providing for The Publication of Notice Thereof......................................................................................................................396 377-24 Fixing the Date for A Public Hearing of The City Council of The City of Dubuque, IA. On A Development Agreement by And Between the City of Dubuque, IA. And 1400 Central, LLC, Including the Proposed Issuance of Urban Renewal Tax Increment Revenue Obligations Relating Thereto, And Providing for The Publication of Notice Thereof......................................................................................................................397 378-24 Fixing the date for a Public Hearing of City Council of City of Dubuque on a Development Agreement by and between the City of Dubuque and Nia Neighborhoods Opportunity Zone Fund, LLC, including the proposed issuance of Urban Renewal Tax Increment Revenue Obligations Relating thereto, and providing forPublication of Notice..............................................................................................................................397 379-24 Fixing the date for Public Hearing of City Council of the City of Dubuque on a Development Agreement by and among the City of Dubuque, SJR Properties, L.L.C., and Universal Tank & Fabrication, Inc., including the proposed issuance of Urban Renewal Tax Increment Revenue Obligations to SJR Properties, L.L.C., and providing for the Publication of Notice........................................................................................................398 380-24 Fixing the date for a Public Hearing of City Council of the City of Dubuque. on the Second Amendment to Lease Agreement by and between the City of Dubuque, IA., and Dubuque County Historical Society and providing for the publication of Notice........................................................................................................399 381-24 Authorizing and directing the City Manager to prepare an Amended and Restated Urban Renewal Plan, Version 2024.3, for the Greater Downtown Urban Renewal Area and setting the date for a Public Hearing and consultation on the proposed Amended and Restated Urban Renewal Plan, Version 2024.3400 382-24 Approving Development Agreement by and between City of Dubuque, and Dubuque Racing Association, LTD., including the issuance of Urban Tax Increment Revenue Obligations ............................401 383-24 Approval of Plans, Specifications, Form of Contract, and Estimated Cost for Iowa Amphitheater on Schmitt Island Project — Bid Package No. 2 (Utilities, Paving & Amphitheater Stage).................................401 384-24 Approval of Plans, Specifications, Form of Contract, And Estimated Cost for The Bunker Hill Irrigation Replacement Project Phase 3......................................................................................................................402 385-24 Awarding Public Improvement Construction Contract for 2024 SRF Green Alley Project...................404 386-24 Awarding Public Improvement Construction Contract for The Broadway Street Sanitary Sewer ImprovementProject...................................................................................................................................405 Page 606 of 1311 387-24 Awarding Public Improvement Construction Contract for The Eagle Point Water Plant Supervisory Control and Data Acquisition (SCADA) Upgrade Project..............................................................................405 388-24 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.........................................................407 389-24 Accepting The 2024 Maintenance Dredging Project No. 1 And Authorizing Final Payment to The Contractor.................................................................................................................................................... 407 390-24 Accepting the Seippel Road Water Main Lowering Project and Authorizing Final Payment to The Contractor.................................................................................................................................................... 408 391-24 Approving Development Agreement by and between City of Dubuque, IA. & Miller Companies, LLC, Including the Proposed Issuance of Urban Renewal Tax Increment Revenue Obligations ..........................409 392-24 Approving A Development Agreement by And Between the City of Dubuque, IA. and Limestone Legacy, LLC, Including the Proposed Issuance of Urban Renewal Tax Increment Revenue Obligations ...... 409 393-24 Approving a Development Agreement by and between City of Dubuque, IA. and 1400 Central, LLC, including the Proposed Issuance of Urban Renewal Tax Increment Revenue Obligations ..........................410 394-24 Approving A Development Agreement by And Between the City of Dubuque, IA. and Nia Neighborhoods Opportunity Zone Fund, LLC, Including the Proposed Issuance of Urban Renewal Tax Increment Revenue Obligations..................................................................................................................411 395-24 Approve Development Agreement by and Among City of Dubuque, IA., SJR Properties, L.L.C., and Universal Tank & Fabrication, Inc., Including Issuance of Urban Tax Increment Revenue Obligations .......411 396-24 Approving A Second Amendment to The Lease Agreement by and Between the City of Dubuque, IA., and Dubuque County Historical Society.......................................................................................................412 397-24 Awarding Public Improvement Construction Contract for Kerper Blvd. Lift Station Project ...............412 398-24 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.........................................................415 399-24 Approving an Agreement Between the City of Dubuque and ITC Midwest, LLC to operate an electric transmission system in the City of Dubuque...............................................................................................415 400-24 Approving an Agreement by and among the Iowa Economic Development Authority . ......................416 401-24 Approving Contract for State Business Financial Assistance by and Among Universal Tank & Fabrication Inc., City of Dubuque, IA., and the Iowa Economic Development Authority ............................416 402-24 Resolution Authorizing the City Manager or his Designee to execute an Agreement and any further documents required for the execution of the Lead and Healthy Homes Grant Award...............................417 403-24 Accepting Public Improvements in Silver Oaks Estates # 3 (Silver Oaks Phase 2)................................417 404-24 Approving the Acquisition Plat of Lot A of Lot 1-2 of Block 2 in River Front Subdivision No. 3, in the City ofDubuque, IA.............................................................................................................................................417 405-24 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 andPermits..................................................................................................................................................418 406-24 Approving applications for Retail Tobacco, Tobacco Products, Alternative Nicotine Products, Vapor Products, and Device Permits, required by Iowa Code 453A.47A & Senate File 345..................................419 407-24 Fixing the date for a Public Hearing of the City Council of the City of Dubuque, IA. on a Development Agreement by and between the City of Dubuque, IA. and Dubuque and Jackson County Habitat for Humanity, including the Proposed Issuance of Urban Renewal Tax Increment Revenue Grant Obligations Relating thereto and providing for Publication of Notice thereof..............................................................419 408-24 Intent to Dispose of an interest in City of Dubuque Real Estate by sale to Theisen's Warehouse, LLC Pursuant to a Purchase Agreement by and between the City of Dubuque and Theisen's Warehouse, LLC and fixing the date for a Public Hearing of the City Council of the City of Dubuque, IA. on the Purchase Agreement and providing for Publication of Notice Thereof.......................................................................420 409-24 Setting The Date For Public Hearings On Proposals To Enter Into General Obligation Loan Agreements And To Borrow Money Thereunder.............................................................................................................421 410-24 Preliminary Approval of Plans, Specifications, Form of Contract, Estimated Cost, Setting Date of Public Hearing on Plans, Specifications, Form of Contract, Estimated Cost, Ordering Advertisement for Bids for Dubuque Gate & Pump Station Flood Mitigation (161h St Detention Basin).................................................423 411-24 Approving the Amended and Restated Urban Renewal Plan for The Greater Downtown Urban Renewal Area, Version 2024.3...................................................................................................................................424 Page 607 of 1311 412-24 Adopting A Development Plan for Chaplain Schmitt Island.................................................................425 413-24 Awarding Public Improvement Contract for The Iowa Amphitheater on Schmitt Island Project — Bid Package No. 2 (Utilities, Paving & Amphitheater Stage)..............................................................................425 414-24 Approving an Amended and Restated Development Agreement by and Between the City of Dubuque, IA. And Walter Development, LLC................................................................................................................426 415-24 Awarding Public Improvement Contract for Ruby Sutton Building 2"d Floor Renovation Project ....... 426 416-24 Authorizing the City Manager to Negotiate and Execute a Contract with Kimley-Horn for The Leisure Services Comprehensive Master Plan..........................................................................................................427 Resource Enhancement and Protection Program (REAP)....................................................................................239 Restoration & Renovation Services, LLC..............................................................................................................238 Rezoning Request 1000 Cedar Cross Road.................................................................................................................................... 372 1090 Radford Road..........................................................................................................................................338 1100 Lincoln Avenue........................................................................................................................................148 1142 University Avenue...................................................................................................................................339 1646 Asbury Road..............................................................................................................................................33 2529 Marywood Drive.....................................................................................................................................106 27 Locust Street...............................................................................................................................................338 35 Locust Street.................................................................................................................................................73 405, 575, and 595 Cedar Cross Road...............................................................................................................256 5501 Old Highway Road...................................................................................................................................149 MillstoneDrive................................................................................................................................................184 Peru Road between Walker and Toledo Street...............................................................................................256 Propertyon Airborne Road................................................................................................................................34 SeippelCourt, 8301.........................................................................................................................................256 WoodStreet....................................................................................................................................................185 RhombergAvenue, 627............................................................................................................................... 105,133 RichardsHouse B&B, The......................................................................................................................................33 Riedl, Jessica........................................................................................................................................................276 RiverBluff Collective...................................................................................................................................... 72, 163 RiverviewCenter...................................................................................................................................................82 RMNLounge L.L.0..................................................................................................................................................10 Robbins, Jeffrey...................................................................................................................................................108 Roberts, Kathy and Jeff........................................................................................................................................276 Roche, Art, International Day of Peace Coordinating Committee.......................................................................262 RockdaleChurch Property...................................................................................................................................216 Rogers, Damon, Hempstead High School Basketball Coach..................................................................................59 Roling, Ralph........................................................................................................................................................156 Rollinger, Roger and Mary.....................................................................................................................................59 RooseveltStreet, 3399.........................................................................................................................................252 Roosevelt West Apartment Complex...................................................................................................................387 Rouxand Lucia.....................................................................................................................................................395 Ruby Sutton Building...............................................................................................See Multicultural Family Center RustyTaco.............................................................................................................................................................. 33 Safe & Sound Iowa Online Anonymous Reporting System..................................................................................157 Safe Routes to School Partnership.......................................................................................................................121 SaikiDesign..........................................................................................................................................................239 Salsa's Mexican Restaurant...................................................................................................................................71 Sam's Real Estate Business Trust.........................................................................................................................176 Sanchez, Enoc......................................................................................................................................................351 SandJr., William..........................................................................................................................................233, 251 Page 608 of 1311 Sanitary Sewer Asset Management Plan(SSAMP)........................................................................................... 57,58 Saunders, Laila.....................................................................................................................................................120 Schadler, Jami, NAMI Dubuque.............................................................................................................................29 Schaul, Tyler, Hempstead High School Basket Ball Coach......................................................................................59 Scheffert, Rhonda................................................................................................................................................156 Schilling, Dakota..................................................................................................................................................106 Schloz, Clark............................................................................................................................................. 78, 82, 425 Schmidt, John......................................................................................................................................................386 Schmitt Island...............................................................................................14, 18, 38, 92, 261, 335, 354, 374, 401 Schmitt Island Amphitheater........................................................................................143, 380, 381, 401, 422, 425 Schmitt Island Development Plan.....................................................................................26, 27, 173, 224, 233, 425 Schmitt Island Sanitary Improvements Project............................................................................................124, 218 Schneider National Carriers.................................................................................................................................175 Schoen, Dalton.......................................................................................................................................................16 School Resource Officer (SRO)............................................................................................................. 157, 374, 379 SchoolShooting.............................................................................................................................................15, 480 Schreiber, James E. and Renee E.........................................................................................................................332 Schroeder, Kris.....................................................................................................................................................156 Schroeder, Laura..................................................................................................................................................414 Schultz, Paul.........................................................................................................................................................108 Schuster, Betty.....................................................................................................................................................156 Schwendinger, Dorothy.......................................................................................................................................108 Schwind, Leo A., Gerald F., Winter Post 508........................................................................................................358 Scott, Robert........................................................................................................................................................156 Secondary Responder Model........................................................................................................................... 15,67 Seippel Road Water Main Project.......................................................................................... 63, 165, 191, 214, 408 Sergio, Perez, Dubuque Unidos and Loras College's LULAC.................................................................................262 Service Agreements.......................................................................... 2, 19, 20, 31, 65, 125, 143, 176, 215, 390, 391 Seth, Andrew, Sustainable Strategies DC.............................................................................................................375 SettlementAuthority.............................................................................................................................................17 Seven (7) Hills Brewing Co. LLC................................................................................................................ 10, 33, 182 Seven Ninety -Nine (799) Main, LLC.............................................................................................................133, 138 Shaffer, Katherine........................................................................................................................................121, 122 Shannon's Bar & Grill...........................................................................................................................................229 Shepherd, Karla.............................................................................................................................................81, 156 ShotTower Inn....................................................................................................................................................146 Shultz, Paul............................................................................................................................................................82 Sid's Beverage Store...................................................................................................................................... 33,254 Sidewalks - Owner Liability for Defective............................................................................................................222 Siegert, Janet....................................................................................................................................................... 8,9 SignRegulations...................................................................................................................................................354 SilverOaks Estates...............................................................................................................................................417 SimmonsPet Food.................................................................................................................................................27 Sisters of the Presentation of the Blessed Virgin Mary............................................................................... 376,406 SJRProperties, L.L.0.....................................................................................................................................398, 411 Skemp, Olivia.......................................................................................................................................................120 Small Business Saturday Coalition.......................................................................................................................389 SMARTGrant............................................................................................................................................... 210,363 Smart Parking & Mobility Management Plan.................................................................................. 26, 38, 258, 346 Smart Parking System Enhancement...................................................................................... See Loan Agreements Smart Traffic Routing with Efficient & Effective Traffic System (STREETS) .................................................... 31,124 Smith, Adam..........................................................................................................................................................16 Smith, Casey........................................................................................................................................................ 376 Smith, Katherine....................................................................................................................................................16 Page 609 of 1311 Smokestack, The..................................................................................................................................................182 SnowBizHoliday Show.........................................................................................................................................413 Soat/Weber Wedding.........................................................................................................................................253 SolarArray........................................................................................................................................................... 374 Som, The..............................................................................................................................................................367 Sorenson, Catherine........................................................................................................................ 4, 121, 134, 151 South Pointe, L.L.0............................................................................................................................... 164, 165, 190 SouthendTap LLC........................................................................................................................................ 137,335 Specia101ympics....................................................................................................................................................15 SpeedLimit Reduction.........................................................................................................................................343 SPIRITAwards......................................................................................................................................................158 SportstersPub & Grub...........................................................................................................................................71 SRF Green Alley Project............................................................................................................... 348, 352, 382, 404 St. Elias the Prophet Greek Orthodox Church......................................................................................................269 St. Joseph's Church...................................................................................................................................... 349,350 St. Marks Youth Enrichment.................................................................................................. 96, 137, 177, 178, 358 St. Raphael's Cathedral Church............................................................................................................................270 Stackis, Melia, Green Iowa AmeriCorps Member................................................................................................358 Staffing Position Request............................................................................................................. 8, 31, 32, 124, 160 Stand, Kurt, National Mississippi River Museum & Aquarium President and CEO ................................................37 State Farm Mutual Insurance..............................................................................................................................376 State of Iowa Annual Financial Report.................................................................................................................391 State Revolving Loan Fund (SRF) Program..............................................................3, 13, 23, 76, 242, 336, 341, 373 State Urban Renewal Report...............................................................................................................................390 Stauffer, Timothy.................................................................................................................................................156 Stedwell, Kimberly...............................................................................................................................................108 SteepleSquare.......................................................................................................................................................10 Steines, Melissa...................................................................................................................................................156 Stephen Hempstead High Schools.......................................................................................................................120 Stevens, Jeff.........................................................................................................................................................156 Steve's Ace Home & Garden..................................................................................................................................10 Stewart, R.R.S..............................................................................................................................................262, 389 Stickley, Abby.......................................................................................................................................................330 Stipulation of Settlement............................................................................................................................. 176,415 Stone Cliff Winery Inc.......................................................................................................................... 104, 253, 335 Stopplemoor, Susan...............................................................................................................................................94 Strand Associates Inc................................................................................................................... 175, 218, 252, 408 Strand, Kurt, National Mississippi River Museum & Aquarium President & CEO................................................158 Street Construction Program...............................................................................................................................118 StreetFinancing Report.......................................................................................................................................407 Subleaseand Operations Agreement..................................................................................................................343 SubordinationAgreement........................................................................................................................... 147,167 Subrecipient Agreement...................................................................................................................... 179, 348, 365 Suiter, Tishana..................................................................................................................................................... 251 Summer Teen Empowerment Program...............................................................................................................246 SuperStop................................................................................................................................................... 163,183 Supervisory Control and Data Acquisition (SCADA) System Upgrade .................................. 255, 273, 342, 405, 408 Surface Transportation Block Grant(STBG)...........................................................................................................26 Sustainable Communities Partnership.................................................................................................................135 SustainableDubuque............................................................................................................................. 96, 359, 413 Sutton, Lynn...........................................................................................................................................................81 SwagatIndian Cuisine..........................................................................................................................................395 Swearing -In ..............................................................................................................................................................1 SwitchDevelopment at 1FK, LLC..........................................................................................................................263 Page 610 of 1311 Switch Homes, LLC............................................................................................................................... 102, 141, 142 SymPro Treasury Management Solutions............................................................................................................407 T Table Mound Mobile Home Park...................................................................................................................27, 135 Takes, Haris, Dubuque County Basketball Association Coach...............................................................................59 Tamarack Sanitary Sewer Extension Project........................................................................................ 128, 150, 193 TanzaniteDrive....................................................................................................................................................343 Tax Increment Financing(TIF).............................................................................................................. 212, 243, 391 Taylor, Danielle....................................................................................................................................................108 TeenCareer Fair....................................................................................................................................................95 TemperleyExcavating Co.....................................................................................................................................143 TemporaryAgreement..........................................................................................................................................70 TerminationAgreement......................................................................................................................................331 TexasRoadhouse.................................................................................................................................................253 Thayer, Kirtland............................................................................................................................................... 68,83 Thein, Dennis.......................................................................................................................................................347 Theisen's Warehouse, LLC...................................................................................................................................420 ThirdCorner...........................................................................................................................................................33 Thomas, Angie.....................................................................................................................................................156 Thompson, Kathy.................................................................................................................................................156 Tibodeau, Jesse, Iowa Department of Transportation Assistant District Engineer .............................. 103, 333, 379 Tobacco Compliance Settlement Agreements............................................................................................... 71,367 TobaccoOutlet Plus.......................................................................................................................................71, 163 Top Grade Excavating Inc................................................................................................................. 2, 214, 334, 408 Towneplace Suites by Marriott............................................................................................................................418 Townsend, Drew, Dubuque Bank & Trust President and CEO.............................................................................386 Townsend, Tom...................................................................................................................................................121 Traffic Study............................................................................................................65, 103, 209, 211, 258, 345, 402 Transfer of Roadway Jurisdiction(TOJ)................................................................................................................125 Transit Advisory Board Membership................................................................................................................................................24, 33 Minutes......................................................................................................................................................59, 121 Transmart/EJM......................................................................................................................................................32 Trausch, James.....................................................................................................................................................163 Travel Dubuque....................................................................................................5, 16, 90, 155, 176, 183, 356, 408 TreesForever..................................................................................................................................... 26, 94, 96, 101 Tricon General Construction, Inc......................................................................................................... 194, 328, 379 Tri-State Emergency Responders.........................................................................................................................375 Tri-State Independent Blind Society Inc...............................................................................................................253 Tschiggfrie Excavating Co......................................................................................123, 142, 180, 194, 405, 413, 418 Tschiggfrie, Edward and Joan..............................................................................................................................378 Tucktara, LLC........................................................................................................................................ 239, 257, 258 TwentyDirty Hands Pottery Tour........................................................................................................................356 Twenty Eight (28E) Agreement.................................................................................................................. 3, 32, 181 Twenty point Eighty -Eight (20.88) Agreement....................................................................................................181 Twin Ridge Sanitary Sewer Extension and Lagoon Abandonment Project .......................................... 129, 150, 193 U U.S. Bank, Minneapolis..................................................................................................................................60, 252 U.S. Census Boundary and Annexation Survey......................................................................................................60 U.S. Conference of Mayors............................................................................................................................27, 223 Page 611 of 1311 U.S. Department of Agriculture (USDA)......................................................................................................... 95,139 U.S. Department of Energy (DOE)........................................................................................................................193 U.S. Department of Housing and Urban Development (HUD) ................................89, 123, 135, 156, 157, 333, 417 U.S. Environmental Protection Agency (EPA)........................................................................ 19, 232, 272, 402, 407 U.S. Highway 20 / Swiss Valley Road Interchange Project...................................................................................144 U.S. Hwy 20 and Devon Drive Frontage Road Project.......................................................................................... 332 Unified Development Code .......12, 33, 34, 73, 74, 86, 106, 109, 149, 184, 187, 194, 195, 229, 256, 338, 339, 372 Unionat the Marina, LP............................................................................................................................... 380,417 United Cigar and Tobacco............................................................................................................ 127, 183, 239, 394 United Nations Climate Change Conference (COP28)...........................................................................................66 United Way of Dubuque Area Tri-State...............................................................................................................253 Universal Tank & Fabrication, Inc........................................................................................ 387, 398, 399, 411, 416 University of Dubuque(UD)....................................................................................57, 118, 135, 251, 259, 357, 480 Universityof Iowa (U of 1)....................................................................................................................................135 UPSTechnologies................................................................................................................................................... 86 Urban Renewal Area DubuqueIndustrial Center................................................................................................................................10 Greater Downtown...........................................................................................240, 241, 275, 279, 303, 400, 424 North Cascade Road Housing.................................................................................................................. 337,372 SouthPointe Housing......................................................................................................................................190 Urban Renewal Loan Agreements.......................................................................................... See Loan Agreements UrbanRenewal Plan............................................................................................................................................105 UrbanRevitalization Plan........................................................................................................................... 21, 22, 36 u Valentine Construction Co., LLC....................................................................................159, 217, 237, 366, 392, 393 Valentine, Ben.....................................................................................................................................................358 VaporCity Outlet.................................................................................................................................................163 Vault Restaurant and Cocktail Lounge, The ........................................................................................................... 71 Vendors Unlimited Corporation............................................................................................................................18 VibrantCredit Union......................................................................................................................................60, 252 ViDLSolutions......................................................................................................................................................418 Vieth, Eric, Strand Associates...............................................................................................................................175 VinnyVanucchis Little Italy..................................................................................................................................229 VirtualVelocity, LLC.....................................................................................................................................147, 167 Visiting Nurses Association(VNA)............................................................................................................ 8,135,214 VoicesStudio......................................................................................................................................................... 33 VoluntaryAnnexation......................................................................................................................................9, 238 W WageCompression......................................................................................................................................195, 223 Wagner, John.........................................................................................................................................................16 WalgreenStores..................................................................................................................................................183 WalmartInc......................................................................................................................................... 163, 176, 214 WalnutTap Tavern..............................................................................................................................................229 Walsh, Dan...........................................................................................................................................................386 WalterDevelopment, LLC....................................................................................................................................426 WanderwoodGardens.................................................................................................................................160, 356 Warsaw, Michael, Retail Strategies Portfolio Director........................................................................................414 WashingtonDC Fly -in Report ...............................................................................................................................134 WashingtonPark.......................................................................................................................................... 232,253 WashingtonStreet, 2527............................................................................................................................. 239,257 Page 612 of 1311 Washington, D.0...................................................................................................................................... 76, 77, 173 Water Main Creek Crossing Project..................................................................................................................... 236 WaterSports Club................................................................................................................................................145 Waypoint.............................................................................................................................................................177 WeCan Be Great Here, Campaign................................................................................................................. 64,126 Weber, Robert and Jennifer................................................................................................................................184 Weekley, Sarah.................................................................................................................................................... 225 Weitz, Gail......................................................................................................................................................81, 156 Well Fields Fiber 408 Permitting..........................................................................................................................394 WellNo. 11 Source Water Project.......................................................................................................................252 Well No. 7 Rehabilitation Project................................................................................................ 240, 258, 328, 366 Werner, Kathleen and Harold..............................................................................................................................156 West10th Street, 243............................................................................................................................................. 70 West3rd Street, 1575........................................................................................................................................... 268 West5th Street, 408.............................................................................................................................................171 WestDubuque Tap..............................................................................................................................................253 Westbrook Park......................................................................................................................... 3, 25, 131, 151, 194 Westphaland Company, Inc................................................................................................................................405 WhiskeyRiver......................................................................................................................................................104 White, Kevin, Walker Consulting.........................................................................................................................346 WHKS& CO., Inc.................................................................................................................................. 104, 105, 133 WickedDame.......................................................................................................................................................367 WickedRiver........................................................................................................................................................395 Wildflower Ridge Subdivision # 4..........................................................................................................................17 Wildlife Society's Conservation Education Award...............................................................................................126 Williams, Karl....................................................................................................................................... 105, 106, 134 Wilming, Roger....................................................................................................................................................376 Wilson House Apts., LLC...................................................................................................... 127, 149, 150, 168, 172 Wing, Martin................................................................................................................................................ 233,234 WinterFarmers' Market......................................................................................................................................176 Women Rising Together Employee Resource Group...........................................................................................342 Woodward Communications, Inc........................................................................................................ 104, 105, 133 Workforce Housing Tax Credit Applications................................................................................................138, 168 Wright, Samantha................................................................................................................................................372 V YenChing Restaurant..........................................................................................................................................367 Young Southeast Asian Leaders Initiative (YSEALI)..............................................................................................346 Z Zeimet, Brian.........................................................................................................................................................59 Zimmerman, Larry ...............................................................................................................................................108 Zimmerman, MagDahlia......................................................................................................................................108 Zimmerman, Nichollas.........................................................................................................................................108 Zoning Advisory Commission Membership.................................................................................................................................... 221, 354, 372 Minutes................................................................7, 29, 83, 94, 121, 137, 175, 184, 224, 251, 262, 330, 347, 406 Zoning Board of Adjustment Membership............................................................................................................................................133, 148 Minutes...........................................................................................................1, 59, 121, 224, 233, 262, 347, 406 Zull, Heidi.............................................................................................................................................................108 Page 613 of 1311