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1 6 25 City Council Proceedings Official Special and RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on January 6, 2025 in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Cavanagh; Council Members Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attorney Brumwell. Mayor Cavanagh read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PROCLAMATIONS 1. Wahlert Catholic High School 2024 Iowa Class 3A Football Champions was ac- cepted by Assistant Principal and Football Coach Jamie Marshall and members of the football team on behalf of Wahlert Catholic High School. 2. Human Trafficking and Modern-Day Slavery Prevention Month (January 2025) was accepted by Mary Lechtenberg on behalf of the Tri-State Coalition Against Human Traf- ficking and Modern-Day Slavery. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Farber. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of December 16, 2024; Civil Service Commission of October 18, November 8, and November 13, 2024; Equity and Human Rights Commission of November 12, 2024; Zoning Board of Adjustment of November 21, 2024; Proof of Publication for Cit y Council Proceedings of November 18 and December 2, 2024. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Elijah Callahan for vehicle damage; Daniel Dunne for vehicle damage; Elizabeth Gonner for vehicle damage; Amy Smith for vehicle damage. Upon motion the documents were received, filed, and referred to the City Attorney. 3. Disposition of Claims: City Attorney advised that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- surance Pool: Lois Kamp for vehicle damage; Amy Smith 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. 1-25 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. 1-25 AUTHORIZING THE CHIEF FINANCIAL OFFICER / CITY TREASURER TO MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAY- MENT IN ACCORDANCE WITH CITY PROCEDURES Whereas, Section 1-7-7(E) of the Municipal Code of the City of Dubuque provides that the Finance Director-City Treasurer shall keep an accurate account of all disbursements, money, or property, specifying date, to whom, and from what fund paid; and Whereas, the invoices, presented by those firms and persons providing such goods and services have been pre-audited by Finance Department personnel in accordance with generally accepted internal control procedures and have been determined to have been requisitioned for a lawful municipal purpose; and Whereas, the Chief Financial Officer-City Treasurer has provided a list of Expenditures attached hereto, and by this reference made a part hereof, to be drawn to pay for goods and services provided for City purposes; and Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142 - 18 adopted May 7, 2018, authorized the Chief Financial Officer -City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to Cit y Council approval and such list is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Chief Financial Officer-City Treasurer is hereby authorized to issue payment for goods and services provided for City purposes in response to the purchase orders and contracts issued in compliance with state and municipal code requirements as requested by designated requisitioning authorities in accordance with approved budget appropriations. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Chief Financial Officer are hereby authorized and directed to provide the statement of receipts and disbursements to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 6th day of January 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. 2025 Federal Legislative Priorities: Upon motion the documents were received, filed, and approved. 6. Request to Change the Scope of Homeowner Assistance Programs Funded by Wa- ter Operating Budget: City Manager recommended City Council approval to combine and revise the scope of the homeowner assistance programs offered by the Water Depart- ment, and to proceed with the implementation of the Leaking Lead Service Line Replacement Program, as outlined in the attached document. Upon motion the docu- ments were received, filed, and approved. 7. Finance Department Request for Full-Time Budget/Financial Accounting Analyst Po- sition: Upon motion the documents were received, filed, and approved. 8. Signed Contract(s): CDB Utility Contractors for the Park Hill Fiber Optic Path; CDB Utility Contractors for the Shallow Well Field Fiber Optic Path; Conlon Construction Co. for the Iowa Amphitheater at Schmitt Island Bid Package 2; Racom for the SCADA Secu- rity Camera System Upgrade Project 2024. Upon motion the documents were received and filed. 9. Improvement Contracts / Performance, Payment, and Maintenance Bonds MDE, LLC for the 2024 SRF Green Alley Project; Portzen Construction Inc. for the Ruby Sutton Building Second Floor Remodel Project; Tschiggfrie Excavating Co. for the Kerper Boule- vard Lift Station Replacement. Upon motion the documents were received, filed, and ap- proved. 10. Acceptance of Dedication of Property for Future Right of Way Purposes from Switch Homes of Dubuque, LLC – The Farm Subdivision: Upon motion the documents were received and filed, and Resolution No. 2-25 Accepting The Dedication of Property, Being Outlot E of The Farm in the City of Dubuque, Iowa, From Switch Homes Of Dubu- que, LLC, for Future Road Right of Way Purposes was adopted. RESOLUTION NO. 2-25 ACCEPTING THE DEDICATION OF PROPERTY, BEING OUTLOT E OF THE FARM IN THE CITY OF DUBUQUE, IOWA, FROM SWITCH HOMES OF DUBUQUE, LLC, FOR FUTURE ROAD RIGHT OF WAY PURPOSES Whereas, the Final Plat of The Farm was recorded as Instrument Number 2024 - 00004916 in the Dubuque County Recorder’s Office; and Whereas, said Final Plat includes the dedication of Outlot E by Switch Homes of Dubu- que, LLC to the City of Dubuque for future street right of way purposes; and Whereas, due to a scrivener’s error, the dedication of said Outlot E was not accepted by the City of Dubuque in City Council Resolution No. 132-24; and Whereas, in order to correct said scrivener’s error, the City of Dubuque wishes to now accept the dedication of Outlot E by Switch Homes of Dubuque, LLC for future street right of way purposes. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts, and consents to the dedication of Outlot E by Switch Homes of Dubuque, LLC for future street right of way purposes. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Section 3. The City Clerk is hereby authorized to and directed to record this resolution with the Dubuque County Recorder. Passed, approved and adopted this 6th day of January 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 11. Keymont Drive Pavement Rehabilitation Project - Acceptance of Public Improve- ment: PROJECT 5521000018: Upon motion the documents were received and filed, and Resolution No. 3-25 Accepting The Keymont Drive Pavement Rehabilitation Project And Authorizing Final Payment To The Contractor was adopted. RESOLUTION NO. 3-25 ACCEPTING THE KEYMONT DRIVE PAVEMENT REHABILITATION PROJECT AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Keymont Drive Pavement Rehabil- itation Project (the Project) has been completed by the contractor, Eastern Iowa Excavat- ing 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 $151,191.73; and Whereas, the Contractor has previously been paid $143,632.14, leaving a balance of $7,559.59; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Director of Finance and Budget is hereby directed to pay the balance of the retainage of $7,559.59 as provided in Iowa Code chapter 573, and to pay such retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa chapter 26.13. Passed, approved and adopted this 6th day of January 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Sprank to receive and file the documents, adopt the resolution, and set the public hearing as indicated. Seconded by Roussell. Motion carried 7-0. 1. Setting a Public Hearing for the Central Avenue and White Street Traffic Study Rec- ommendation: Upon motion the documents were received and filed and Resolution No. 4-25 Setting Date Of Public Hearing On The Central Avenue And White Street Corridor Traffic Study Summary Report 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. 4-25 SETTING DATE OF PUBLIC HEARING ON THE CENTRAL AVENUE AND WHITE STREET CORRIDOR TRAFFIC STUDY SUMMARY REPORT Whereas, Bolton and Menk, Inc. was hired by the City of Dubuque to study the one - way corridors that are Central Avenue and White Street; and Whereas, Engagement with the public and key stakeholders was crucial in understand- ing the needs of the corridors and the community; and Whereas, the Central Avenue and White Street Corridor Traffic Study Summary Report presented at the Public Hearing will be a technical report that will document the analysis, conceptual design layouts, planning-level cost estimates, preferred alternative conceptual design, the potential implementation / phasing plan, and funding proposals for Central Avenue and White Street corridors. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on the Central Avenue and White Street Corridor Traffic Study Summary Report in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa on the 21st day of January 2025, beginning at 6:30 PM. Section 2. That the City Clerk is hereby authorized and directed to publish notice of the Public Hearing in the form attached hereto, according to law. Passed, adopted and approved this the 6th day of January 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk BOARDS/COMMISSIONS Applications were reviewed for the following 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: One, 3-Year term through January 1, 2027 (Vacant Multidisciplinary Rep. term of Schoenhard). Applicant: Michael Shimkus, 4917 Twilight Dr. (Qualifies for Multidisciplinary Rep.). Shimkus spoke in support of their application. 2. Community Development Advisory Commission: One, 3-Year term through Febru- ary 15, 2027 (Vacant Low/Moderate Income Rep. term of Hammel Jr.); One, 3-Year term through February 15, 2028 (Expiring At-Large term of Boles). Applicants: Dean Boles, 1715 Geraldine Dr. (Qualifies for At-Large); Dale L. Campbell Jr., 210 Jones St. (Qualifies for At-Large and Low/Moderate Income Rep.) 3. Equity and Human Rights Commission: Two, 3-Year terms through January 1, 2028 (Expiring terms of Baumhover and Freiburger). Applicants: Rick Baumhover, 601 Garfield Ave.; Michaela Freiburger, 1718 Diane Ct.; Traci Phillipson, 2120 Rhomberg Ave. Baum- hover spoke in support of their application. PUBLIC HEARINGS 1. Resolution Approving a Proposed Development Agreement with Dubuque and Jack- son County Habitat for Humanity: Motion by Roussell to receive and file the documents and adopt Resolution No. 5-25 Approving A Development Agreement by And Between The City Of Dubuque, Iowa And Dubuque And Jackson County Habitat For Humanity, Including The Proposed Issuance Of Urban Renewal Tax Increment Revenue Grant. Se- conded by Wethal. In response to a question, Van Milligen cited Greater Dubuque Devel- opment Corporation’s (GDDC) housing study, which identified a shortage of 1,100 units in Dubuque. Following the study, the City Council implemented various incentives to pro- mote housing development, which many recent developers have utilized. The City Coun- cil expressed enthusiasm for the progress of this project. Motion carried 7-0. RESOLUTION NO. 5-25 APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE AND JACKSON COUNTY HABITAT FOR HUMAN- ITY, INCLUDING THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX INCRE- MENT REVENUE GRANT OBLIGATIONS Whereas, Dubuque and Jackson County Habitat for Humanity is the owner of the prop- erty legally described as follows: The South Half of the South one-fifth of Out Lot 441, in the City of Dubuque, Iowa, according to the United States Commissioners’ Map of the Survey of the Town of Dubuque, Iowa (the Property); and Whereas, the City Council by Resolution No. 407-24, dated December 16, 2024 de- clared its intent to enter into a Development Agreement by and between the City of Dubu- que, Iowa, and Dubuque and Jackson County Habitat for Humanity including the issuance of Urban Renewal Tax Increment Obligations; and Whereas, pursuant to published notice, a public hearing was held on the proposed Development Agreement on January 6, 2025, at 6:30 p.m.; and Whereas, it is the determination of the City Council that approval of the Development Agreement for development of the Property by Dubuque and Jackson County Habitat for Humanity, according to the terms and conditions set out in the Development Agreement, is in the public interest of the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Development Agreement by and between the City of Dubuque, Iowa and Dubuque and Jackson County Habitat for Humanity, 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 comply with the terms of the Development Agreement as herein approved. Passed, approved and adopted this 6th day of January, 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Approving a Purchase Agreement by and between the City of Dubuque and Theisen’s Warehouse, LLC providing for the Sale of City-owned Real Estate: Motion by Jones to receive and file the documents and adopt Resolution No. 6 -25 Approving The Disposal 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 A nd Theisen’s Warehouse, LLC. Seconded by Farber. Motion carried 7 -0. RESOLUTION NO. 6-25 APPROVING THE DISPOSAL OF AN INTEREST IN CITY OF DUBUQUE REAL ES- TATE BY SALE TO THEISEN’S WAREHOUSE, LLC PURSUANT TO A PURCHASE AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE AND THEISEN’S WARE- HOUSE, LLC Whereas, the City of Dubuque, Iowa (City), by Resolution No. 40-24 dated February 19, 2024, adopt an Amended and Restated Urban Renewal Plan for the Dubuque Indus- trial Center Urban Renewal Area (the Plan) for the Urban Renewal Area described therein; and Whereas, the City of Dubuque, Iowa, is interested in stimulating reinvestment in the Dubuque Industrial Center Urban Renewal Area; and Whereas, the Plan provides, among other things, for the disposition of properties for private development purposes; and Whereas, City is the owner of approximately 2.54 acres at the corner of Chavenelle Road and South Heacock Road as shown on Exhibit A (the Property); and Whereas, City and Theisen’s Warehouse, LLC have entered into a Purchase Agree- ment, 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 Purchase Agreement, including the conveyance of the Prop- erty 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 by Iowa Code Section 403.8(1). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council finds that the transfer of the Property will promote the pur- poses of the urban renewal law, Iowa Code Ch. 403 in the City and, together with the other consideration provided for in the Purchase Agreement, that these benefits constitute fair value for the City’s disposal of interests in the Property under Iowa Code Section 403.8. Section 2. The Purchase Agreement by and between the City of Dubuque, Iowa and Theisen’s Warehouse, LLC including the transfer of property as provided therein, is hereby approved. Section 3. The Mayor is authorized and directed to execute said Purchase Agreement on behalf of the City of Dubuque. Passed, approved and adopted this 6th day of January, 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Proceedings for the Public Hearing on the Issuance of Not to Exceed $24,250,000 General Obligation Bonds, Series 2025ABC: Motion by Farber to receive and file the doc- uments and adopt Resolution No. 7-25 Taking additional action on proposals to enter into Loan Agreements and combining Loan Agreements. Seconded by Sprank. In response to a question, Chief Financial Officer Jennifer Larson outlined the next steps, noting that the bond sale is scheduled for March 3, with the results to be presented at the Cit y Council meeting that evening. Larson stated that the bond sale is not anticipated to impact the city’s bond rating. Larson also stated that, although the city typically issues debt annually, no debt was issued in 2024, with the issuance deferred to 2025. The City Council recom- mended including the city’s debt reduction policy in future memo randums on bond sales. Van Milligen confirmed that this information will be incorporated when this bond sale is next presented to the City Council. Motion carried 7-0. RESOLUTION NO. 7-25 TAKING ADDITIONAL ACTION ON PROPOSALS TO ENTER INTO LOAN AGREE- MENTS AND COMBINING LOAN AGREEMENTS Whereas, the City of Dubuque (the “City”), in Dubuque County, State of Iowa, hereto- fore proposed 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 equipment 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, and pursuant to law and a notice duly published, the City Council ha s held a public hearing on such proposal on January 6, 2025; and Whereas, the City also proposed 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 generators; (b) undertaking fire station roof replacement and repairs; (c) un- dertaking fire station tuck pointing and related exterior repairs; and (d) undertaking fire department administrative office renovations, and in lieu of calling an election upon such proposal, has published notice of the proposed action, including notice of the right to petition for an election, and has held a hearing thereon, an d as of January 6, 2025, no petition had been filed with the City asking that the question of entering into the Exterior and Office Renovations Loan Agreement be submitted to the registered voters of the City; and Whereas, the City also proposed 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 improvements; and (c) undertaking fire station HVAC replacement, and in lieu of calling an election upon such proposal, has published notice of the proposed action, including notice of the right to petition for an election, and has held a hearing thereon, and as of January 6, 2025, no petition had been filed with the City asking that the question of en- tering into the Bunk Room and Systems Improvements Loan Agreement be submitte d to the registered voters of the City; and Whereas, the City also proposed 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 improvements; and (b) undertaking improvements to the f ire department burn tower training facility, and in lieu of calling an election upon such proposal, has published notice of the proposed action, including notice of the right to petition for an election, and has held a hearing thereon, and as of January 6, 2025, no petition had been filed with the City asking that the question of entering into the Fire Station Improvements Loan Agree- ment be submitted to the registered voters of the City; 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 Dehumidification Project, an authorized ur- ban renewal project of the City in the Greater Downtown Urban Renewal Area approved by action of the City Council on December 16, 2024, and in lieu of calling an election upon such proposal, has published notice of the proposed action, including notice of the right to petition for an election, and has held a hearing thereon, and as of January 6, 2025, no petition had been filed with the City asking that the question of entering into the Ice Arena Loan Agreement be submitted to the registered voters of the City; and Whereas, the City also proposed to enter into a loan agreement (the “Parking System 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 $4,045,000 for the purpose of undertaking the Smart Parking System Enhancement Pro- ject and the Parking Ramp Major Maintenance Project, authorized urban renewal projects of the City in the Greater Downtown Urban Renewal Area approved by action of the City Council on December 16, 2024, and in lieu of calling an election upon such proposal, has published notice of the proposed action, including notice of the right to petition for an election, and has held a hearing thereon, and as of January 6, 2025, no petition had been filed with the City asking that the question of entering into the Parking System Loan Agree- ment be submitted to the registered voters of the City; and Whereas, the City also proposed to enter into a loan agreement (the “Federal Building Loan Agreement” and together with Ice Arena Loan Agreement and the Parking System Loan Agreement, the “Urban Renewal Loan Agreements”), 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 $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 Renewal Area approved by action of the City Council on December 16, 2024, and in lieu of calling an election upon such proposal, has published notice of the proposed action, including notice of the right to petition for an election, and has held a hearing thereon, and as of January 6, 2025, no petition had been filed with the City asking that the question of en- tering into the Federal Building Loan Agreement be submitted to the registere d voters of the City; and Whereas, the City also proposed to enter into a loan agreement (the “Amphitheater 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 $9,250,000 for the purpose of undertaking the Iowa Amphitheater on Schmitt Island Pro- ject, an authorized urban renewal project of the City in the Greater Downtown Urban Re- newal Area approved by action of the City Council on December 16, 2024, and in lieu of calling an election upon such proposal, has published notice of the proposed action, in- cluding notice of the right to petition for an election, and has held a hearing thereon, and as of January 6, 2025, no petition had been filed with the City asking that the question of entering into the Amphitheater Loan Agreement be submitted to the registered voters of the City; and Whereas, pursuant to the provisions of Section 384.28 of the Code of Iowa, the City intends to combine authority to enter into the loan agreements described above in the manner hereinafter set forth. NOW, THEREFORE, IT IS RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The Urban Renewal Loan Agreements, the Essential Purpose Loan Agree- ment and the General Purpose Loan Agreements are hereby combined into a common “Loan Agreement”. The City’s authority to enter in the Loan Agreement shall be further divided by subsequent action of the City Council into a Tax Exempt Series 2025A Loan Agreement and a Taxable Series 2025B Loan Agreement. The City Council hereby de- termines to enter into the Loan Agreement in the future and orders that General Obligation Corporate Purpose Bonds, Series 2025A and Taxable General Obligation Corporate Pur- pose Bonds, Series 2025B Bonds be issued at such time, in evidence of the City’s re- spective obligations thereunder. Further, the City Council hereby determines to enter into the Amphitheater Loan Agree- ment in the future and orders that Taxable General Obligation Urban Renewal Bonds, Series 2025C be issued at such time, in evidence of the City’s obligations thereunder. The City Council further declares that this resolution constitutes the “additional action” required by Section 384.24A of the Code of Iowa with respect to the Loan Agreement, and all combined borrowing proposals thereunder, and the Amphitheater Loan Agree- ment. Section 2. Further action with respect to the Loan Agreement is hereby adjourned to the City Council meeting scheduled for January 21, 2025. Section 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 4. This resolution shall be in full force and effect immediately upon its adoption and approval, as provided by law. Passed, approved and adopted this 6th day of January, 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk PUBLIC INPUT Rick Dickinson, President and CEO of Greater Dubuque Development Corporation, thanked the City Council for supporting Public Hearings No. 2 and 3 and thanked Dubu- que Bank and Trust (DB&T) for their cooperation with the City regarding Action Item No. 1. ACTION ITEMS 1. DB&T Interest Earnings Press Release: Motion by Jones to receive and file the doc- uments. Seconded by Resnick. City Council Members expressed gratitude to city staff and DB&T for collaborating to resolve the interest earnings discrepancy. This effort led to DB&T recently paying the City over $2 million in interest earnings following a review of the banking services agreement between the City and DB&T from 2007 to the present. The City Council confirmed that the amount paid by DB&T is accurate and clarifie d that earlier figures cited by others were incorrect due to unknown variables at the time. The City Council also highlighted steps to prevent a recurrence, including assigning a city staff member to monitor accounts and modifying the scope of the Investment Oversight Advi- sory Commission through Action Item No. 2. Motion carried 7-0. 2. Code of Ordinances Amendment – Title 2 Chapter 3 Investment Oversight Advisory Commission: 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 meet- ings prior to the meeting at which it is to be passed be suspended. Seconded by Resnick. City Council members commended the change, emphasizing its importance in enhancing oversight of the city’s cash management practices. Motion carried 7 -0. Motion by Jones for final consideration and passage of Ordinance No. 1 -25 Amending City Of Dubuque Code Of Ordinances Title 2 Boards And Commissions, Chapter 3 In- vestment Oversight Advisory Commission. Seconded by Resnick. Motion carried 7 -0. ORDINANCE NO. 1-25 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND COMMISSIONS, CHAPTER 3 INVESTMENT OVERSIGHT ADVISORY COMMISSION NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Title 2, Chapter 3 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: CHAPTER 3 INVESTMENT AND CASH MANAGEMENT OVERSIGHT ADVISORY COMMISSION 2-3-1: COMMISSION CREATED: There is hereby created the investment and cash management oversight advisory commission. 2-3-2: PURPOSE: The purpose of the commission is to review the actions and deci- sions of the city's investments and all money managers for compliance with the city's investment policy and to report any noncompliance to the city council; to review internal cash management practices and external agreements regarding the banking services agreement, U.S. Treasuries, and certificates of deposits; to review the investment performance of the City’s investments and money managers and to report to the City Council concerning such investment at least quarterly; and to recommend, as needed, changes in the investment policy or cash management practices to the city council. . . . . 2-3-13: POWERS: The commission has the following powers, duties, and responsibil- ities: A. To review the actions and decisions of the Finance Department and the city's money managers for compliance with the city's investment policy and report any noncompliance to the city council; B. To recommend, as needed, changes in the city's investment policy to the city man- ager and the city council; C. To review the investment performance of the city and the city's money managers and report to the city council concerning same at least quarterly; and D. To review the City’s internal cash management practices and external agreements regarding the banking services agreement, U.S. Treasuries, and certificates of de- posits for compliance with agreement terms and conditions. 2-3-14: REPORTS PROVIDED: The Finance Department must provide the commis- sion with monthly, quarterly, and annual reports prepared by the Finance Department and the city's financial advisors. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 6th day of January 2025. Brad Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 3. Mayor and City Council Appointments to Boards and Committees: Motion by Rous- sell to receive and file the documents and refer to the City Council for discussion. Se- conded by Sprank. No changes were made to any board or committee appointments. Motion carried 7-0. 4. HEART Partnership Video: Motion by Sprank to receive and file the documents and view the video. Seconded by Wethal. A video on the HEART Partnership was shown. It can also be viewed on the City of Dubuque YouTube channel at https://www.youtube.com/watch?v=h_HNnBKFdyY. Motion carried 7-0. 5. Lincoln Playground CDBG Project Ribbon-Cutting Video: Motion by Roussell to re- ceive and file the documents and view the video. Seconded by Jones. A video summary of the grand opening of Lincoln Elementary School's new playground, a project which received nearly $630,000 in Community Development Block Grant funds, was shown. The video can also be viewed on the City of Dubuque YouTube channel at https://youtu.be/-t43rJlZIhc. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Jones reflected on the recent passing of Former President Jimmy Carter, Loras alum Greg Gumbel, Former Heritage Works President and CEO Duane Hagerty, Cynthia Louise Nelms Byrne, Morgan Frazer, George Holland, and Lloyd Gudenkauf. Jones reported on a recent Dubuque Main Street event, William Intrilligator being awarded the Telegraph Herald’s 2024 First Citizen Award, and a recent Dubuque 365ink article about upcoming initiatives in Dubuque. Jones also mentioned the upcoming Special Olympics Iowa Winter Games and the posthumous induction of Paul Gorrell and John Powers to their hall of fame. Council Member Sprank reported on upcoming neighborhood association meetings. Council Member Wethal reported on visiting Island Social and the New Year’s Day hike at Mines of Spain. Mayor Cavanagh reported on the Special Olympics Iowa Winter Games, the Dubuque Racing Association’s (DRA) upcoming celebration of their 40th anniversary, and the up- coming state legislative session. CLOSED SESSION Motion by Jones to convene in closed session at 7:51 p.m. to discuss Purchase or Sale of Real Estate – Chapter 21.5(1)(j) Code of Iowa. Seconded by Roussell. Mayor Cavanagh stated for the record that the attorney who will consult with the City Council on the issues to be discussed in the closed session is City Attorney Brumwell. Motion carried 7-0. The City Council reconvened in open session at 8:09 p.m. stating that staff had been given proper direction. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 8:09 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk