Loading...
4 7 25 City Council Proceedings Official RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on April 7, 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 (at- tended virtually), Sprank, Wethal; City Manager Van Milligen (attended virtually), City At- torney 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 1. Dubuque Police Department Crisis Intervention Team 365ink Impact Award : The Dubuque Police Department's Crisis Intervention Team (CIT) member Brendan Nugent, in attendance with CIT members Joel Cross and Mike McTague, spoke about the CIT recently receiving the Dubuque 365ink Impact Award. PROCLAMATIONS 1. Hempstead High School 2025 State Men's Swimming Team Championship was ac- cepted by Hempstead High School Men’s Swimming Coach Rick Loeffelholz and mem- bers of the swim team on behalf of Hempstead High School. 2. National Public Health Week (April 7-12, 2025) was accepted by Environmental Sanitarian Sydney Althoff on behalf of the Health Services Department. 3. Animal Control Appreciation Week (April 13-19, 2025) was accepted by Animal Con- trol Officer McKinzie Flanagan on behalf of the Health Services Department. 4. National Public Safety Telecommunicators Week (April 13 -19, 2025) was accepted by Emergency Communications Center Director Jessica George-Rethwisch and Lead Dispatcher Katelyn McDade on behalf of the Emergency Communications Center. 5. Dubuque YP Days of Caring (April 25, 2025) was accepted by Community Service and Outreach Coordinator and YP Days of Caring Co -Chair Brittney Hayes on behalf of Dubuque YP Days of Caring. 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 March 17 and March 25, 2025; Airport Commission of January 28 and February 4, 2025; Arts and Cultural Affairs Advisory Commission of February 25, 2025; Community Development Advisory Commission of February 19, 2025; Housing Commission of January 28, 2025; Library Board of Trustees Update of February 27, 2025; Park and Recreation Commission of February 11, 2025; Resilient Community Advisory Commission of February 6, 2025; Zon- ing Advisory Commission of March 5, 2025; Proof of Publication for City Council Proceed- ings of March 3 and 17, 2025. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Susan Less for vehicle damage; Mathew Willis for prop- erty 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: Tim Connolly for personal injury; Amy Keierleber Gorchala for vehicle dam- age; Susan Less for vehicle damage; Mathew Willis 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. 107-25 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. 107-25 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 7th day of April 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Recommended Sculptures for 2025-26 Art on the River Rotating Public Art Exhibi- tion: Upon motion the documents were received, filed, and approved. 6. Community Development Block Grant FY25 Annual Action Plan Amendment #2: Upon motion the documents were received and filed, and Resolution No. 108-25 Adopting The Fiscal Year 2025 (Program Year 2024) Community Development Block Grant (CDBG) Annual Action Plan Amendment #2was adopted. RESOLUTION NO. 108-25 ADOPTING THE FISCAL YEAR 2025 (PROGRAM YEAR 2024) COMMUNITY DEVEL- OPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN AMENDMENT #2 Whereas, the City of Dubuque, through a series of public meetings and hearings, pro- posed a Fiscal Year 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 held a public meeting and public hearing on March 26, 2025 to receive community input on the Second Amend- ment to 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 Amendment #2 Amendment to the Fiscal Year 2024 (Program Year 2024) Community Development Block Grant Annual Action Plan on March 26, 2025. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Community Development Block Grant Fiscal Year 2025 (Program Year 2024) Annual Action Plan Amendment #2, attached hereto and by this reference made a part hereof, is hereby approved. Section 2. The City Manager or his designee of the City of Dubuque is hereby author- ized to direct staff to prepare and submit to the United States Department of Housing and Urban Development the Fiscal Year 2025 (Program Year 2024) Annual Action Plan Amendment #2 with all related documents, for the use of Community Development Block Grant funds based on this adopted budget and execute standard contracts and agree- ments. Passed, approved, and adopted this 7th day of April 2025. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 7. Disclosure of the Conflict of Interest- CDBG Program Participation: City Manager transmitted information to formally disclose a conflict of interest concerning Dale Camp- bell, a member of the Community Development Advisory Commission, in relation to his application for a Community Development Block Grant (CDBG) funded microenterprise grant administered by the City’s Economic Development Department and Fountain of Youth. Upon motion the documents were received and filed. 8. Rescue Vehicle Grant Application Approval: City Manager recommended City Coun- cil approval to apply for the 2025 Homeland Security Grant Program to secure funds to purchase a rescue vehicle, training, and exercises in the amount of $451,907. Upon mo- tion the documents were received, filed, and approved. 9. Northwest Arterial - State of Good Repair Project: US Highway 20 to John F. Ken- nedy Road - Acceptance of Public Improvement Contract: Upon motion the documents were received and filed, and Resolution No. 109-25 Accepting The Public Improvement For The Northwest Arterial – State Of Good Repair Project From US20 To John F. Ken- nedy Road (Iowa DOT Project No. STBG-SWAP-2100 (702)--SG-31) And Authorizing Final Payment To The Contractor was adopted. RESOLUTION NO. 109-25 ACCEPTING THE PUBLIC IMPROVEMENT FOR THE NORTHWEST ARTERIAL – STATE OF GOOD REPAIR PROJECT FROM US20 TO JOHN F. KENNEDY ROAD (IOWA DOT PROJECT NO. STBG-SWAP-2100 (702)--SG-31) AND AUTHORIZING FI- NAL PAYMENT TO THE CONTRACTOR Whereas, Dubuque County was awarded a Federal BUILD Grant for “Improving the Northwest Arterial/John Deere Road Corridor for Freight Mobility” and making capacity and safety improvements to John Deere Road; and Whereas, the City of Dubuque’s Northwest Arterial - State of Good Repair Project was added to the BUILD Grant project because it is a critical freight route that connects to South John Deere Road; and Whereas, the City’s Northwest Arterial - State of Good Repair Project provided the non-federal local match to the Dubuque County BUILD Grant; and Whereas, the FHWA required that both the Dubuque County John Deere Road Project and the City’s Northwest Arterial Project be “tied” and packaged together; and Whereas, Dubuque County was the Contracting Authority and the lead agency for en- tering into a public improvement contract for the construction of the John Deere Road Project and the City’s Northwest Arterial Project; and Whereas, on April 25, 2022, the City of Dubuque and Dubuque County entered into an Intergovernmental 28E Agreement that outlined the roles and responsibilities for contracting and administering both the Dubuque County John Deere Road Project and the City’s Northwest Arterial Project; and Whereas, the County was responsible for all aspects of construction administration and inspection for the John Deere Road Project; and Whereas, the City was responsible for all aspects of construction administration and inspection for the Northwest Arterial - State of Good Repair Project; and Whereas, now that both the County John Deere Road Project and the City’s Northwest Arterial Project are completed, the City is recommending the acceptance of the Northwest Arterial - State of Good Repair Project public improvement; and Whereas, the public improvement contract for the Northwest Arterial - State of Good Repair Project Northwest Arterial - State of Good Repair Project, which was a component of the Dubuque County Federal BUILD Grant for “Improving the Northwest Arterial/John Deere Road Corridor for Freight Mobility”, has been completed by the Contractor, Pirc - Tobin Construction, Inc. of Alburnett, IA (Contractor), the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Northwest Arterial - State of Good Repair Project is $8,674,734.82; and Whereas, the Contractor has previously been paid $8,704,791.00, leaving a credit re- fund balance of $30,056.18; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved, and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to receive and deposit the refund payment from the Contractor for the credit balance of $30,056.18 as provided in Iowa Code chapter 573, and to pay such retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved and adopted this 7th day of April 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 10. R22-IA RAISE Infrastructure Planning Grant - Engineering Design and NEPA / En- vironmental Project Development: Recommend Approval of Grant Agreement Amend- ment No. 1: Upon motion the documents were received and filed, and Resolution No. 110-25 Approving Grant Agreement Amendment No. 1 With the U.S. Department of Transportation for the Awarded RAISE Infrastructure Planning Grant was adopted. RESOLUTION NO. 110 - 25 APPROVING GRANT AGREEMENT AMENDMENT NO. 1 WITH THE U.S. DEPART- MENT OF TRANSPORTATION FOR THE AWARDED RAISE INFRASTRUCTURE PLANNING GRANT Whereas, the City was awarded $2.28 million in U.S. Department of Transportation RAISE Planning Grant funds to assist with the planning and design of multimodal transportation corridors for the project entitled “Building Bridges to Employment and Eq- uity (B2E2)”; and Whereas, the RAISE Infrastructure Planning Grant was awarded and fully executed on November 11, 2023, between the City, the Iowa Department of Transportation, and the Federal Highway Administration; and Whereas, in June 2024, the City was awarded a RAISE Capital Grant to implement construction phases to complete the proposed 14th Street Railroad Overpass bridge and the multimodal transportation corridor improvements; and Whereas, it was determined that an amendment to the RAISE Planning Grant Agree- ment was necessary to revise the Planning Grant project development schedule to align with the RAISE Capital Grant; and Whereas, through Amendment No. 1, the Planning Grant project completion deadline is being extended to December 31, 2028, to complete NEPA requirements. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Section 1. That said RAISE Planning Grant Agreement Amendment No. 1 with the U.S. Department of Transportation is hereby approved. Section 2. That the Mayor be authorized and directed to execute the RAISE Planning Grant Agreement Amendment No. 1 with the U.S. Department of Transportation. Passed, approved and adopted this 7th day of April 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 11. Switch Development at JFK, LLC Property Right of Way Plat and Dedication - JFK Rd. and West 32nd St. Intersection Improvements Project : Upon motion the documents were received and filed, and Resolution No. 111-25 Approving the Acquisition Plat of Lot 1A Of Switch Development @ JFK No. 3, In the City of Dubuque, Iowa was adopted. RESOLUTION NO. 111-25 APPROVING THE ACQUISITION PLAT OF LOT 1A OF SWITCH DEVELOPMENT @ JFK NO. 3, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, an Acquisition Plat dated January 16, 2025, prepared by The City of Dubuque Engineer- ing Department describing Lot 1A of Switch Development @ JFK No. 3, in the City of Dubuque, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto; and Whereas, upon said plat appears Lot 1A, which Switch Development at JFK, LLC by said plat has dedicated to the public forever. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated January 16, 2025, prepared by The City of Dubuque Engineering Department, relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby author- ized and directed to execute said plat and on behalf of the City of Dubuque, Iowa. Section 2. That the dedication of Lot 1A of Switch Development @ JFK No. 3, in the City of Dubuque, Iowa, for Right of Way for street and utility purposes, as it appears on said Acquisition Plat, be and the same are hereby accepted. Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 7th day of April 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 12. Iowa Department of Transportation PCC Patching Project Notifications Corre- spondence from Jesse Tibodeau, Assistant District Engineer with the Iowa Department of Transportation (DOT), notifying the City Council of PCC patching projects on US -20, US-151, and US-61. Upon motion the documents were received and filed. 13. Signed Contract(s): Offtaker Consent and Estoppel Certificate on the assignment of Eagle Point Energy - 1, LLC's interest in the Solar License and Power Purchase to KMDE, LLC. The suggested disposition for this item was omitted from the agenda. There- fore, this item will be included on a future City Council agenda for consideration and ac- tion. 14. Improvement Contracts / Performance, Payment, and Maintenance Bonds : Giese Sheet Metal Co. Inc. for the ImOn Ice Arena Dehumidification System Upgrade Project; Tschiggfrie Excavating Co. for the Southgate Drive Sanitary Sewer Improvement Project. Upon motion the documents were received, filed, and approved. 15. Five Flags Civic Center Management Services - Negotiating with Global Spectrum, L.P. d/b/a OVG: Upon motion the documents were received and filed. ITEMS SET FOR PUBLIC HEARING Motion by Sprank to receive and file the documents, adopt the resolutions, and set the public hearings as indicated. Seconded by Wethal. Motion carried 7 -0. 1. Old Mill Road Lift Station and Force Main Project - Phase II: Initiate Public Bidding Process and Setting Date for a Public Hearing: Upon motion the documents were re- ceived and filed and Resolution No. 112-25 To Provide For A Notice Of Hearing On Pro- posed Plans, Specifications, Form Of Contract And Estimate Of Cost For The Old Mill Lift Station And Force Main Project - Phase II, And The Taking Of Bids Therefor was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on April 21, 2025 in the Historic Federal Building. RESOLUTION NO. 112-25 RESOLUTION TO PROVIDE FOR A NOTICE OF HEARING ON PROPOSED PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE OLD MILL LIFT STATION AND FORCE MAIN PROJECT - PHASE II, AND THE TAKING OF BIDS THEREFOR Whereas, it has been proposed that the City Council of the City of Dubuque, Iowa (the “City”), undertake the authorization of a public improvement to be constructed as described in the proposed plans and specifications and form of contract prepared by Strand Associates, Inc. (the “Project Engineers”), in consultation with the City’s engineer- ing technician (the “Engineering Technician”), which may be hereafter referred to as the “Old Mill Lift Station and Force Main Project - Phase II” (and is sometimes hereinafter referred to as the “Project”), which proposed plans, specifications, notice of hearing and letting, and form of contract and estimate of construction cost in th e amount of $12,700,000 (the “Contract Documents”) are on file with the City Clerk; and Whereas, it is necessary to fix a time and place of a public hearing on the Contract Documents and to advertise for sealed bids for the Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL (THE “COUNCIL”) OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The Contract Documents referred to in the preamble hereof are hereby ap- proved in their preliminary form. Section 2. The Project is hereby determined to be necessary and desirable for the City, and, furthermore, it is hereby found to be in the best interests of the City to proceed toward the construction of the Project. Section 3. April 21, 2025, at 6:30 p.m., at the Historic Federal Building, 350 W. 6 th St, Second Floor Council Chambers, Dubuque, Iowa, is hereby fixed as the time and place of hearing on the Contract Documents. Section 4. The City Clerk is hereby authorized and directed to publish notice (the “No- tice of Hearing”) of the hearing on the Contract Documents for the Project in a newspaper of general circulation in the City, which publication shall be made at least once, not less than four (4) and not more than twenty (20) days prior to the date of the said hearing. The Notice of Hearing shall be in substantially the form as attached hereto as Exhibit A, with such conforming changes as approved by the appropriate City s taff. Section 5. The City Council hereby delegates to the City Clerk the duty of receiving bids for the construction of the Project before 2:00 p.m., on May 15, 2025, in the office of the City Clerk, City Hall-First Floor, 50 West 13th St, Dubuque, Iowa. At such time and at the City Hall-Conference Room A, 50 West 13th St, Dubuque, Iowa, the City Council hereby delegates to the City Clerk, the Engineering Technician and/or the Project Engi- neers the duty of opening and announcing the results of the bids received. June 2, 2025, at 6:30 p.m., at the Historic Federal Building, 350 W. 6th St, Second Floor Council Cham- bers, in the City, is hereby fixed as the time and place that the Council will consider the bids received in connection therewith. Section 6. The amount of the bid security to accompany each bid is hereby fixed at 10% of the total amount of the bid. Section 7. The City Clerk, the Engineering Technician and/or the Project Engineers are hereby directed to give notice of the bid letting for the Project by posting notice (the “Notice to Bidders”) at least once, not less than thirteen (13) and not more than forty -five (45) days prior to the date set for receipt of bids, in each of the following three places: (i) in a relevant contractor plan room service with statewide circulation; (ii) in a relevant con- struction lead generating service with statewide circulation; and (iii) on an internet site sponsored by either the City or a statewide association that represents the City. The No- tice to Bidders shall be in substantially the form as attached hereto as Exhibit A, with such conforming changes as approved by the appropriate City staff. Section 8. All provisions set out in the attached forms of notice are hereby recognized and prescribed by the City Council and all resolutions or orders or parts thereof, to the extent the same may be in conflict herewith, are hereby repealed. Passed and approved April 7, 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Setting a Public Hearing for The Jule's Iowa Department of Transportation's Con- solidated Funding Application: Upon motion the documents were received and filed and Resolution No. 113-25 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 May 19, 2025 in the Historic Federal Building. RESOLUTION NO. 113-25 SETTING THE DATE FOR A PUBLIC HEARING ON IOWA DOT CONSOLIDATED FUNDING APPLICATION Whereas, the City of Dubuque provides fixed-route and paratransit services for the citizens of Dubuque; and Whereas, the Iowa Department of Transportation (IDOT) is a pass-through funding entity for federal capital and operating funds; and Whereas, the City of Dubuque 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; and Whereas, the IDOT application will include requests and mandatory certifications by the City of Dubuque as follows: From the State Transit Assistance Program: 2.067% of formula funds Total: $399,858 From federal funds for transit in non-urbanized areas and/or for transit serving pri- marily elderly persons and persons with disabilities: $100,642 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 suf- ficient in-kind match to provide required 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 assistance and to enter into related contract(s) with the IDOT. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: A public hearing will be held as part of the City Council Meeting on May 19, 2025. The meeting will begin at 6:30 p.m. and will be held in the City Council Chambers of the His- toric Federal Building, 350 W 6th Street, Dubuque, Iowa. The purpose of the hearing is to allow public comment on the Consolidated Funding Application. Passed, adopted and approved this 7th day of April 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. Zoning Board of Adjustment: One, 5-Year term through March 25, 2030 (Expired term of Ahlvin). Applicant: Keith Ahlvin, 264 S. Grandview. Ahlvin spoke in support of his application. PUBLIC HEARINGS 1. Hold a Public Hearing to Adopt the 5-Year Public Housing Authority (PHA) Plan 2025-2029: Motion by Jones to receive and file the documents and adopt Resolution No. 114-25 Authorizing The Mayor To Execute The Certification By State Or Local Office Of The 5-Year Public Housing Agency (PHA) Plan’s Consistency With The Consolidated Plan And Approval Of The 5-Year Pha Plan. Seconded by Farber. The City Council thanked the Housing Commission for their work on the plan. Motion carried 7-0. RESOLUTION NO. 114-25 AUTHORIZING THE MAYOR TO EXECUTE THE CERTIFICATION BY STATE OR LO- CAL OFFICE OF THE 5-YEAR PUBLIC HOUSING AGENCY (PHA) PLAN’S CON- SISTENCY WITH THE CONSOLIDATED PLAN AND APPROVAL OF THE 5 -YEAR PHA PLAN Whereas, the U.S. Department of Housing and Urban Development requires submis- sion of the 5-Year Public Housing Agency (PHA) Plan once every 5 PHA fiscal years; and Whereas, the U.S. Department of Housing and Urban Development requires Certifica- tion of the 5-Year PHA Plan’s Consistency with the Consolidated Plan; and Whereas, the Housing commission reviewed the 5-Year PHA Plan on April 1, 2025; and Whereas, the Resident Advisory Board reviewed the 5 -Year PHA Plan on February 12, 2025; and Whereas, the City Council held a public hearing to receive comment on the proposed 5-Year PHA Plan on April 7, 2025. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1: That the Mayor is hereby authorized and directed to certify the 5 -Year PHA Plan’s Consistency with the Consolidated Plan; and Section 2: That the Director of Housing and Community Development is hereby au- thorized to submit the 5-Year PHA Plan and the Certification as required by the U.S. Department of Housing and Urban Development. Passed, approved and adopted this 7th day of April 2025. Brad M Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 2. Heeb Street Reconstruction Project Public Hearing: Motion by Wethal to receive and file the documents and adopt Resolution No. 115 -25 Approval of Plans, Specifications, Form Of Contract, And Estimated Cost for the Heeb Street Reconstruction Project. Se- conded by Sprank. Responding to a question about the project’s impact on residents, Civil Engineer Jon Dienst stated that the selected contractor will be required to accom- modate property owners on access to their properties, a requirement that was discussed during the pre-bid meeting. The goal is to complete the project before the start of the school year. Motion carried 7-0. RESOLUTION NO. 115-25 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI- MATED COST FOR THE HEEB STREET RECONSTRUCTION PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the plans, specifications, form of contract and cost for the Heeb Street Recon- struction Project in the estimated amount $677,849.00, are hereby approved. Passed, approved and adopted this 7th day of April 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Heeb Street Reconstruction Project Special Assessments : Motion by Jones to re- ceive and file the documents and adopt Resolution No. 116-25 Approving Schedule of Assessments and Estimate of Total Cost for the 2025 Heeb Street Reconstruction Project and Resolution No. 117-25 With Respect to the Adoption of the Resolution of Necessity Proposed for the Heeb Street Reconstruction Project. Seconded by Farber. Motion car- ried 7-0. RESOLUTION NO. 116-25 APPROVING SCHEDULE OF ASSESSMENTS AND ESTIMATE OF TOTAL COST FOR THE 2025 HEEB STREET RECONSTRUCTION PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached plat, schedule of assessments, and estimate of total cost for the Heeb Street Reconstruction Project are hereby approved. Passed, approved and adopted this 7th day of April 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 117-25 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NE- CESSITY PROPOSED FOR THE HEEB STREET RECONSTRUCTION PROJECT Whereas, the City Council has proposed a Resolution of Necessity for the Heeb Street Reconstruction 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 proposed Resolution of Necessity. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 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. Adopted as amended by the Preliminary Schedule of Assessments attached hereto as Exhibit A and made a part hereof by reference. All objections filed or made having been duly considered are overruled. Deferred for later consideration to a City Council meeting to be held on the day of , 2025, at 6:30 p.m. in the Historic Federal Building Council Cham- bers (second floor), 350 West 6th Street, with jurisdiction retained for further consideration and action at the adjourned meeting. Abandoned. Passed, adopted and approved this 7th day of April 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Private Lead Service Line Replacement Pilot Program - Phase 1 Construction Public Hearing: Motion by Jones to receive and file the documents and adopt Resolution No. 118-25 Finally approving and confirming plans, specifications, form of contract and esti- mate of cost for the Lead Service Line Replacement - Phase 1 Project. Seconded by Wethal. In response to questions, Water Department Director Chris Lester provided an overview of the Iowa Department of Natural Resources’ (DNR) State Revolving Fund (Iowa SRF) program, noting that it will forgive 49% of construction costs. He explained that the current phase secures funding for the first 200 of the 585 homes scheduled to participate in the program. While funding is in place for this initial phase, future fundin g remains uncertain. Lester also confirmed that in-home verification is required to determine whether a service line is made of lead. City Council Members expressed strong support for the program and emphasized its importance. Motion carried 7-0. RESOLUTION NO. 118-25 RESOLUTION FINALLY APPROVING AND CONFIRMING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE LEAD SERVICE LINE REPLACEMENT - PHASE 1 PROJECT Whereas, the City Council of the City of Dubuque, Iowa, has heretofore given prelimi- nary approval to the plans, specifications, form of contract and estimate of cost (the “Con- tract Documents”) for the proposed Lead Service Line Replacement - Phase 1 Project (the “Project”), as described in the notice of hearing on the Contract Documents for the Project; and Whereas, a hearing has been held on the Contract Documents on April 7, 2025 . NOW, THEREFORE, Be It Resolved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. The Contract Documents referred to in the preamble hereof are hereby fi- nally approved, the prior action of the City Council giving preliminary approval is hereby finally confirmed, and the Project, as provided for in the Contract Documents, is neces- sary and desirable. Section 2. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved April 7, 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Public Hearing on a Subordination Agreement for DRLP Loan #2-23 - 1199 Central Avenue: Motion by Sprank to receive and file the documents and adopt Resolution No. 119-25 Approving A Subordination Agreement by and Among the City of Dubuque, Iowa, Virtual Velocity, LLC, And New Silver Lending LLC For Interest in City Property Located At 1199 Central Avenue. Seconded by Wethal. In response to a question, Assistant Eco- nomic Development Director Ian Hatch confirmed that references to 'DI' refer to Dubuque Initiatives, which is subject to a separate subordination agreement. Motion carried 7-0. RESOLUTION NO. 119-25 APPROVING A SUBORDINATION AGREEMENT BY AND AMONG THE CITY OF DUBUQUE, IOWA, VIRTUAL VELOCITY, LLC, AND NEW SILVER LENDING LLC FOR INTEREST IN CITY PROPERTY LOCATED AT 1199 CENTRAL AVENUE Whereas, the City of Dubuque, Iowa, (City) and Virtual Velocity, LLC have entered into a Grant Agreement (the Agreement) for the rehabilitation of 1199 Central Avenue (the Project) legally described as follows: NLY 87' 1.2" OF N 3/5 OF CITY LOT 447; locally 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 requirements 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, New Silver Lending LLC has refinanced the primary construction loan which includes a mortgage (the New Silver LLC Mortgage) and requires that the City Mortgage be subordinate to the New Silver LLC Mortgage pursuant to a Subordination Agreement; and Whereas, a public hearing was held on the proposed Subordination Agreement on April 7, 2025, at 6:30 p.m.; and Whereas, the City Council has tentatively determined that approval of the Subordina- tion Agreement is in the public interest of the City of Dubuque by Resolution No. 100 -25. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Subordination Agreement by and among the City of Dubuque, Iowa, Virtual Velocity, LLC, and New Silver Lending LLC is hereby approved. Section 2. That the Mayor is hereby authorized 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 authorized to take such actions as are necessary to comply with the terms of the Subordination Agreement as herein approved. Section 4. That the notice of the proposed action to subordinate shall be in substantially the form attached hereto. Passed, approved and adopted this 7th day of April 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk PUBLIC INPUT Emily Wilson, 3135 Nightengale Ln.; Jesse Kemp, 3400 Nightengale Ln.; and Carol Maas, 3095 Nightengale Ln., spoke in opposition to Action Item No. 1, expressing various concerns with the proposal to rezone the properties to R-4. Applicant Julie Merfeld, 10713 Cottingham Rd., spoke about previous attempts to sell the property and the nature of Cedar Cross Rd. Breitfelder announced receipt of written input from Carol Maas, 3095 Nightengale Ln., and Clarke and Sharon Payne, 470 Woodland Ridge, regarding Action Item No. 1. ACTION ITEMS 1. Request to Rezone 405 and 575 Cedar Cross Road - Second Reading: Motion by Jones to receive and file the communications and approve second reading of an ordi- nance Amending Title 16 Of The City Of Dubuque Code Of Ordinances, Unified Devel- opment Code, By Reclassifying Hereinafter Described Property Located At 405 Cedar Cross Road And 595 Cedar Cross Road From R-1 Single- Family Residential District To R-4 Multiple-Family Residential District. Seconded by Farber. In response to questions, Planning Services Director Wally Wernimont provided an overview of development on Cedar Cross Road, noting that he could not comment on specific property access without a proposed site plan. He explained that while the Planning Services Department typically offers guidance to applicants seeking rezoning, they were unable to do so in this cas e due to the uncertainty on the future use of the properties. City Council Members acknowl- edged the city’s ongoing need for housing and discussed whether R-4 zoning was appro- priate for the properties in question, noting that their opinions on the rezoning were divided. Wernimont suggested the City Council could remand the item back to the Zoning Advisory Commission (ZAC), which would prevent an additional application fee for the applicants. If the City Council chose not to remand the item, the applicants would need to submit a new application and pay the associated fee. Brumwell advised that, if the City Council is inclined to pursue Wernimont’s recommendation, that motion should be acted on first. Both Brumwell and Wernimont confirmed that remanding the item wou ld initiate a public hearing process before both ZAC and the City Council. Jones withdrew the mo- tion, with concurrence from Farber. Motion by Roussell to remand the item to the ZAC for an R-3 rezoning recommenda- tion. Seconded by Farber. Wernimont stated that the timing of presenting the item to the Zoning Adjustment Commission then City Council will depend on the applicant. Motion carried 7-0. 2. First Amendment to Development Agreement with Kinseth Hospitality, Inc.: Motion by Jones to receive and file the documents and adopt Resolution No. 120 -25 Approving the First Amendment To Development Agreement by and Between the City of Dubuque, Iowa and Kinseth Hospitality Company, Inc. Seconded by Resnick. City Council Members acknowledged concerns about project delays caused by various factors affecting many developers, and encouraged local financial institutions to consider how they might help support these efforts. Motion carried 7-0. RESOLUTION NO. 120-25 APROVING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND KINSETH HOSPITALITY COM- PANY, INC. Whereas, the City of Dubuque and Kinseth Hospitality Company, Inc., an Iowa corpo- ration with its principal place of business in Iowa (Developer) entered into that certain Development Agreement dated September 16, 2024, with respect to the matters specified therein; and Whereas, the parties desire to further modify the Development Agreement as set out in the First Amendment to Development Agreement attached hereto; and Whereas, the City Council finds that it is in the interests of the City of Dubuque to approve the First Amendment to Development Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The First Amendment to Development Agreement is hereby approved. Passed, approved and adopted this 7th day of April 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Work Session Request: Equitable Poverty Reduction & Prevention Plan Update: Motion by Sprank to receive and file the documents and schedule the work session for June 2, 2025, at 5:15 p.m. Seconded by Wethal. Motion carried 7 -0. 4. Quarterly Update Video on New Housing Development Projects: Motion by Sprank to receive and file the documents and view the video. Seconded by Wethal. City Communications Office staff showed a video highlighting progress made over the last three months on several local housing creation projects. The video can also be seen at: https://youtu.be/k1aSY7iA1Ko. Motion carried 6-0, with Resnick away from the dais dur- ing the vote. COUNCIL MEMBER REPORTS Sprank reported on the North End Neighborhood Association Family Fun Day. Jones reported on Dubuque Night in Des Moines, the City’s budget meetings, a meet- ing with Dubuque National Guard families to discuss support networks during an upcom- ing deployment, a ribbon cutting for Butt’s Florist, attending a class on landfill fires, the grand opening of T&T Equipment Rental, and the Dubuque Metropolitan Area Solid Waste Agency (DMASWA) special meeting in which a resolution was signed to proceed with the customer convenience center. Farber reported on participating in an activity facilitated by Two by Two Character De- velopment at Eisenhower Elementary School and speaking at an event celebrating Dubu- que Hempstead High School’s men’s swim team for their state swimming championship. Wethal thanked the Public Works Department for displaying refuse trucks outside the Historic Federal Building prior to the meeting and for their work throughout the City. Wethal also reported on the Bluff St. Neighborhood Association placing planters on Bl uff St. Resnick reported on the Dubuque Symphony Orchestra’s educational programming and that he was stepping down as wind conductor for their youth program. Roussell reported on attending the Main Street America Conference as a board mem- ber of Dubuque Main Street and congratulated David Barba for being named Executive Director of Dubuque Main Street. Cavanagh reported on testifying at a subcommittee meeting on property tax legislation at the state capitol, the Iowa League of Cities (ILC) modeling tool on the legislation, en- gaging with a subcommittee on Tax Increment Financing (TIF) legislation, the Growing Sustainable Communities Conference, meeting with the Iowa Knights of Columbus, the Dubuque Racing Association (DRA) grant kickoff, Envision 2030, and the Midwest Mar- ketplace Conference. CLOSED SESSION Motion by Jones to convene in closed session at 8:33 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 is sues to be discussed in the closed session is City Attorney Brumwell. Motion carried 7 -0. The City Council reconvened in open session at 8:48 p.m. stating that staff had been given proper direction. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 8:48 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk