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5 19 25 City Council Proceedings Official Special and RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 6:00 p.m. on May 19, 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, 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 the Community Foundation of Greater Dubuque’s Contracted Services Agreement Update. WORK SESSION Community Foundation of Greater Dubuque Contracted Services Agreement Update Community Foundation of Greater Dubuque’s Director of Advocacy, Data and Learning Alex Baum presented updates on its programs supported by Fiscal Year 2025 City Con- tracted Service Agreements. Baum responded to questions by confirming that housing data will be part of the Foundation’s upcoming data walk and that a broad definition of 'immigrants' is used in the Foundation’s work. There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:29 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 May 19, 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, 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 Breitfelder stated that the resolution for CCI5, LLC under Action Item No. 3 was re- moved from the agenda. PROCLAMATIONS 1. Apples for Students (May - July 2025) was accepted by Beth McGorry on behalf of St. Mark Youth Enrichment. 2. Women Veterans Recognition Day (June 12, 2025) was accepted by Dawn Fleming and Christina Schauer on behalf of the Tri-State Women Warriors. Mayor Cavanagh welcomed Van Milligen to his first in-person meeting since his recov- ery from a car accident. 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 May 5, 2025; Arts and Cultural Affairs Commission of March 25, 2025; Library Board of Trustees Update of April 24, 2025; Resilient Community Advisory Commission of March 6, 2025; Zoning Advisory Commission of April 2, 2025; Proof of Publication for City Council Proceedings of April 8, 9, 10, 21, and 22, 2025. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Vicki Carnicle for personal injury; Dawn Hanson for ve- hicle 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: Vicki Carnicle for personal injury; Dawn Hanson 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. 158-25 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. 158-25 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 19th day of May 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Final Plat of Cedar Ridge Farm Place No. 21: Upon motion the documents were received and filed, and Resolution No. 159-25 Approving the Final Plat Cedar Ridge Farm No. 21, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 159-25 APPROVING THE FINAL PLAT CEDAR RIDGE FARM NO. 21, IN THE CITY OF DUBU- QUE, IOWA Whereas, there has been filed with the City Clerk a Final Plat Cedar Ridge Farm No. 21 in the City of Dubuque, Iowa; and Whereas, said Final Plat has been examined by the Zoning Advisory Commission and its approval has been endorsed thereon; and Whereas, said Final Plat has been examined by the City Council and they find that it conforms to the statues and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 11-14(B) of Title 16 of the City of Dubuque Code of Ordi- nances, Unified Development Code, is waived regarding required lot frontage for Lot 1, Lot 2, Lot 3, and Lot 4 of Cedar Ridge Farm No. 21. Section 2. That the Final Plat Cedar Ridge Farm No. 21, in the City of Dubuque, Iowa is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Final Plat. Passed, approved and adopted this 19th day of May 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Final Plat of Southwest Arterial Plat 1: Upon motion the documents were received and filed, and Resolution No. 160-25 Approving the Final Plat of Southwest Arterial Plat 1, In the City of Dubuque, Iowa was adopted. RESOLUTION NO. 160-25 APPROVING THE FINAL PLAT OF SOUTHWEST ARTERIAL PLAT 1, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Southwest Arterial Plat 1 in the City of Dubuque, Iowa; and Whereas, said Final Plat has been examined by the Zoning Advisory Commission and its approval has been endorsed thereon; and Whereas, said Final Plat has been examined by the City Council and they find that it conforms to the statues and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Final Plat of Southwest Arterial Plat 1, in the City of Dubuque, Iowa is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Final Plat. Passed, approved and adopted this 19th day of May 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7. Final Plat of Southwest Arterial Plat 2: Upon motion the documents were received and filed, and Resolution No. 161-25 Approving the Final Plat of Southwest Arterial Plat 2, In the City of Dubuque, Iowa was adopted. RESOLUTION NO. 161 - 25 APPROVING THE FINAL PLAT OF SOUTHWEST ARTERIAL PLAT 2, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Southwest Arterial Plat 2 in the City of Dubuque, Iowa; and Whereas, said Final Plat has been examined by the Zoning Advisory Commission and its approval has been endorsed thereon; and Whereas, said Final Plat has been examined by the City Council and they find that it conforms to the statues and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Final Plat of Southwest Arterial Plat 2, in the City of Dubuque, Iowa is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Final Plat. Passed, approved and adopted this 19th day of May 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 8. Corrected First Amendment Development Agreement between the City of Dubuque and Wilson House Apts, LLC for the Rehabilitation of 1243 Locust Street : Upon motion the documents were received and filed, and Resolution No. 131-25-A Nunc Pro Tunc Correcting And Amending A Scrivener’s Error In First Amendment To Development Agreement By And Between The City Of Dubuque, Iowa And Wilson House Apts, LLC was adopted. RESOLUTION NO. 131-25-A NUNC PRO TUNC CORRECTING AND AMENDING A SCRIVENER’S ERROR IN FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND WILSON HOUSE APTS, LLC Whereas, the City of Dubuque (City) and Wilson House Apts, LLC (Developer) entered into a Development Agreement dated May 20, 2024, for the redevelopment of 1243 Lo- cust Street in the City of Dubuque, Iowa (the Project); and Whereas, by Resolution No. 131-25, City and Developer agreed to amend the Devel- opment Agreement as set forth in the Original First Amendment to Development Agree- ment; and Whereas, the Original First Amendment to Development Agreement contained a scrivener’s error in the numbering of Section 3; and Whereas, correcting the scrivener’s error does not change the intent of the City Council to provide incentives under the Original First Amendment to Development Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The findings and conclusions set forth in the Original First Amendment to Development Agreement are hereby ratified and confirmed in all respects as the findings of this City Council for the Corrected First Amendment to Development Agreement by and between the City of Dubuque, Iowa and Wilson House Apts, LLC, copy of which is attached hereto, with the exception of the amended Section 3 as set forth below. Section 2. Section 3 of the Corrected First Amendment to Development Agreement approved and adopted by Resolution No. 131 -25 on April 21st, 2025, is hereby corrected, nunc pro tunc, to provide as set forth in Section 3, attached hereto. Section 3. The attached Corrected First Amendment to Development Agreement shall be substituted in lieu of the Original First Amendment to Development Agreement. Section 4. The Mayor is hereby authorized and directed to execute the Corrected 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. The City Manager is authorized to take such actions as are necessary to comply with the terms of the Corrected First Amendment to Development Agreement as herein approved. Passed, approved, and adopted this 19th day of May 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 9. FY26 Iowa Department of Transportation’s Certificate of Cost Allocation Plan Re- view and Approval: Upon motion the documents were received, filed, and approved. 10. Award 2025 ADA Sidewalk Curb Ramp Project One: Upon motion the documents were received and filed, and Resolution No. 162-25 Awarding Public Improvement Con- tract for the 2025 ADA Sidewalk Curb Ramp Project One was adopted. RESOLUTION NO. 162-25 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE 2025 ADA SIDEWALK CURB RAMP PROJECT ONE Whereas, sealed proposals have been submitted by contractors for the 2025 ADA Sidewalk Curb Ramp Project One, (the Project) and Notice to Bidders published on the City of Dubuque, Iowa website and plan room service with statewide circulation on the 17th day of April 2025; and Whereas, said sealed proposals were opened and read on the 1st day of May 2025 and it has been determined that Midwest Concrete, Inc. of Dubuque, IA submitted the low bid in the amount of $81,602.58, and is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 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 19th day of May 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 11. Award 2025 ADA Sidewalk Curb Ramp Project Two: Upon motion the documents were received and filed, and Resolution No. 163-25 Awarding Public Improvement Con- tract for the 2025 ADA Sidewalk Curb Ramp Project Two was adopted. RESOLUTION NO. 163-25 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE 2025 ADA SIDEWALK CURB RAMP PROJECT TWO NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Whereas, sealed proposals have been submitted by contractors for the 2025 ADA Sidewalk Curb Ramp Project Two, (the Project) and Notice to Bidders published on the City of Dubuque, Iowa website and plan room service with statewide circulation on the 17th day of April 2025. Whereas, said sealed proposals were opened and read on the 1st day of May 2025 and it has been determined that Midwest Concrete, Inc. of Dubuque, IA submitted the low bid in the amount of $194,547.80, and is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 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 19th day of May 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 12. FY25 & FY26 Contracted Service Agreement: DuRide: Upon motion the docu- ments were received, filed, and approved. 13. Signed Contract(s): Dixon Engineering, Inc. for the Demolition Technical Specifi- cations, Contract Documents, and Demolition Observation on the 500,000 Gallon Double Ellipse (Eagle Point) Project; Origin Design Co. for professional services for the Lead Service Line Replacement project. Upon motion the documents were received and filed. 14. Improvement Contracts / Performance, Payment, and Maintenance Bonds : Pirc- Tobin for the Heeb Street Reconstruction Project. Upon motion the documents were re- ceived, filed, and approved. 15. Hairball Pyrotechnics Permit: Upon motion the documents were received, filed, and approved. 16. Approval of Retail Alcohol Licenses: Upon motion the documents were received and filed, and Resolution No. 164-25 Approving applications for retail alcohol licenses, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regula- tions, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 164-25 APPROVING APPLICATIONS FOR RETAIL ALCOHOL LICENSES, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQUOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for retail alcohol licenses have been submitted and filed with the City Council for approval, and the same have been examined, provisionally approved, and/or approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City; and Whereas ,the applicants have filed the proper fees and bonds to the Iowa Department of Revenue Alcohol and Tax Compliance Division and have otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Clerk is hereby authorized and directed to cause to be issued at the noted premise address to the following applicants pending submission of the locally required documentation: New Applications Dolphs 333 East 10th St. Renewals Buffalo Wild Wings 2805 Northwest Arterial Days Inn & Spirits Bar & Grill 1111 Dodge St. Dubuque Discount Gas LLC 10 Main St. Dubuque Lodge 355 2635 Windsor Ave. Hilton Garden Inn & Q Casino & Houlihan's 1801 & 1855 Greyhound Park Dr. Los Aztecas III Mexican Restaurant 2345 NW Arterial Mason Dixon Saloon 163 Main St. Special Event(s) per Special Event Application Submittal Area Residential Care 6-12-25 to 6-25-25 350 Bell St. Monks Kaffee Pub 373 Bluff St. 6-1-25 to 6-4-25 and 10-5-25 to 10-9-25 Q Casino - Summers Last Blast 8-1-25 to 8-5-25 1855 Greyhound Park Rd. Parking Lot Premise Update 7 Hills Ballroom Permanently moving from 333 East 10th St. to 1050 Washington St. Adding A Privilege First Reserve 210 West 1st St. New Applications Provisional Issuances Barrel Head Winery 5-15-25 to 5-19-25 432 West 4th St. Dubuque Jaycees, Millwork Night Market 5-4-25 to 5-8-25, 6-8-25 to 6-12-25, 7-6-25 to 7-10-25, 8-10-25 to 8-14-25, 9-7-25 to 9-11-25, 10-5-25 to 10-9-25 7th & Jackson to 9th & Jackson + East 8th St. to Elm St. Jubeck New World Brewing LLC 5-10-25, 5-17-25, 5-24-25, 5-31-25, 6-7-25, 6-14-25, 6-21-25, 6-28-25, 7-5-25, 7-12-25 Outdoor service area for Saturday Farmer's Market. Passed, approved, and adopted this 19th day of May 2025. 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. Cedar Cross Road Urban Revitalization Plan: Upon motion the documents were received and filed and Resolution No. 165-25 Fixing the date for a Public Hearing of the City Council of the City of Dubuque, Iowa, finding an area referred to as The Cedar Cross Road Urban Revitalization Area hereinafter described, appropriate for public improve- ments related to Housing and Residential Development and Construction of Residential Development, Including Single or Multifamily Housing Necessary in the Interest of Public Health, Safety, or Welfare of the residents of the City and Setting a Public Hearing on creation of The Cedar Cross Road Urban Revitalization Area was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 2, 2025 in the Historic Federal Building. RESOLUTION NO. 165-25 FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, FINDING AN AREA REFERRED TO AS THE CEDAR CROSS ROAD URBAN REVITALIZATION AREA HEREINAFTER DESCRIBED, APPROPRI- ATE FOR PUBLIC IMPROVEMENTS RELATED TO HOUSING AND RESIDENTIAL DEVELOPMENT AND CONSTRUCTION OF RESIDENTIAL DEVELOPMENT, IN- CLUDING SINGLE OR MULTIFAMILY HOUSING NECESSARY IN THE INTEREST OF PUBLIC HEALTH, SAFETY, OR WELFARE OF THE RESIDENTS OF THE CITY AND SETTING A PUBLIC HEARING ON CREATION OF THE CEDAR CROSS ROAD UR- BAN REVITALIZATION AREA Whereas, as a preliminary step to exercising the authority to approve an area for “urban revitalization” conferred upon Iowa municipalities by Chapter 404 of the Code of Iowa, the City Council of the City of Dubuque has heretofore approved the preparation of a Ce dar Cross Road Urban Revitalization Plan finding that the rehabilitation, conservation, rede- velopment, economic development, or a combination thereof of the area described therein to be known as the Cedar Cross Road Urban Revitalization Area is necessary i n the interest of public health, safety, or welfare of the residents of the city; and Whereas, Lot 1, Lot 2 and Lot 3 of Cedar Ridge Commercial Park in the City of Dubu- que, Iowa, according to the recorded plat thereof is the location of a proposed 180 -unit apartment development by CCI5, LLC (the Property) in the Cedar Cross Road Urban Revitalization Area; and Whereas, the City Council finds that development 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 substantia lly meets the criteria for Urban Revitalization according to Section 404.1 of the Code of Iowa; and Whereas, the Iowa Code requires a public hearing on creation of the Urban Revitali- zation Area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is directed to publish notice of a public hearing on the adop- tion of an Urban Revitalization Plan for the Cedar Cross Road Urban Revitalization Area to be held on June 2, 2025, at 6:30 p.m. in the Historic Federal Building in Dubuque, Iowa, 350 W. 6th Street, Dubuque, Iowa 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, approved and adopted this 19th day of May 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Development Agreement with 1301 Central, LLC: Upon motion the documents were received and filed and Resolution No. 166-25 Fixing The Date for a Public Hearing of the City Council of the City Of Dubuque, Iowa on a Development Agreement by and between the City of Dubuque, Iowa and 1301 Central, 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 June 2, 2025 in the Historic Federal Building. RESOLUTION NO. 166-25 FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND 1301 CENTRAL, LLC, INCLUDING THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS RE- LATING THERETO, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque and 1301 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 13th Street, Dubuque, Iowa for the development of property located at 1301 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 1301 Central, LLC; and Whereas, it is deemed necessary and advisable that City should authorize Urban Re- newal Tax Increment Revenue obligations, as provided by Iowa Code Chapter 403, pur- suant to the Development Agreement; and Whereas, before said obligations may be approved, Iowa Code Chapter 403 requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meeting th e 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, IOWA THAT: Section 1. The City Clerk is hereby authorized and directed to cause a notice to be published as prescribed by Iowa Code Section 403.9 of a public hearing on the City's intent to approve the Development Agreement and authorize Urban Renewal Tax Incre- ment Revenue obligations, to be held on the 2nd day of June 2025 at 6:30 p.m. The official agenda will be posted on Friday, May 30, 2025, and will contain listening, viewing, and public input options. The City Council agenda may be accessed at https://dubuqueia.por- tal.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 Renewal Tax Increment Revenue obligations and the execution of the Development Agreement relating thereto with 1301 Central, 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 1301 Central, 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 $1,000,000. 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, pub- lished at least once weekly, and having general circulation in said City, said publ ication to be not less than four days nor more than twenty days before the date of said meeting on the issuance of said obligations. Section 4. That the notice of the proposed action to issue said obligations shall be in substantially the form attached hereto. Passed, approved, and adopted this 19th day of May 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. 2025 Pavement Marking Project - Initiate Public Bidding Process and Setting Date for a Public Hearing: Upon motion the documents were received and filed and Resolution No. 167-25 2025 Pavement Marking Project: Preliminary Approval of Plans, Specifica- tions, Form of Contract, and Estimated Cost; Setting Date of Public Hearing on Plans, Specifications, Form of Contract, and Estimated Cost; and Ordering the Advertisement for Bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 2, 2025 in the Historic Federal Building. RESOLUTION NO. 167-25 2025 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 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the 2025 Pavement Marking Project in the estimated amount $245,000.00, 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 2nd day of June, 2025, at 6:30 p.m. in the Historic Federal Building 350 W. 6th Street, Dubuque, Iowa, 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, Iowa, 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 contract, or estimated cost of the Project. The 2025 Pavement Marking Project is hereby ordered to be advertised for bids for construction. The amount of security to accompany each bid shall be in an amount which shall con- form to the provisions of the Notice to Bidders hereby approved. The City Engineer is hereby directed to advertise for bids for the construction of the improvements herein provided, by publishing the Notice to Bidders to be published on the City of Dubuque website and a contractor plan room service with statewide circul ation, 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 5 th day of June 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 16th day of June 2025, in the Historic Federal Building 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this the 19th day of May 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Fire Headquarters HVAC Project: Upon motion the documents were received and filed and Resolution No. 168-25 Fire Headquarters HVAC Replacement Project: Prelimi- nary Approval of Plans, Specifications, Form of Contract, and Estimated Cost; Setting Date of Public Hearing on Plans, Specifications, Form of Contract, and Estimated Cost; and Ordering the Advertisement for Bids was adopted setting a public hearing for a meet- ing to commence at 6:30 p.m. on June 2, 2025 in the Historic Federal Building. RESOLUTION NO. 168-25 FIRE HEADQUARTERS HVAC Replacement 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 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the Fire Headquarters HVAC Replacement Project in the estimated base bid amount of $650,000.00, 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 2 nd day of June, 2025, at 6:30 p.m. in the Historic Federal Building Council Chambers (and/or by virtual means) 350 W. 6 th Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the pro- posed 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 circula tion in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or esti- mated cost of the Project. The Fire Headquarters HVAC Replacement 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 Bidders hereby approved. The City Engineer is hereby directed to advertise for bids for the construction of the improvements herein provided, by publishing the Notice to Bidders to be published on the City of Dubuque website and a contractor plan room service with statewide circul ation, 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 5 th day of June 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 16th day of June 2025, in the Historic Federal Building Council Chambers (and/or by virtual means) 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this the 19th day of May 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Proceedings to Set Public Hearing on June 2, 2025 for the Issuance of Not to Exceed $2,000,000 Water Revenue Capital Loan Notes (State Revolving Loan Fund Program) Private Lead Service Line Replacement Pilot Program – Phase I: Upon motion the docu- ments were received and filed and Resolution No. 169-25 To fix a date for a public hearing on proposal to enter into a Water Revenue Loan and Disbursement Agreement and to borrow money thereunder in a principal amount not to exceed $2,000,000 was adopted setting a public hearing for a meeting to commence at 6:3 0 p.m. on June 2, 2025 in the Historic Federal Building. RESOLUTION NO. 169-25 FIX A DATE FOR A PUBLIC HEARING ON PROPOSAL TO ENTER INTO A WATER REVENUE LOAN AND DISBURSEMENT AGREEMENT AND TO BORROW MONEY THEREUNDER IN A PRINCIPAL AMOUNT NOT TO EXCEED $2,000,000 Whereas, the City of Dubuque (the “City”), in Dubuque County, State of Iowa, did here- tofore establish a Municipal Waterworks Utility System (the “Utility”) in and for the City which has continuously supplied water 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 Water Revenue bonds or notes as set forth on attached outstanding debt certificate, and a portion of such prior Water Revenue debt remains outstanding (the “Outstanding In- debtedness”); and Whereas, pursuant to the resolutions relating to and authorizing the Outstanding In- debtedness (the “Outstanding Bond Resolutions”) the City reserved the right to issue ad- ditional obligations payable from the net revenues of the Utility and ranking on a parity with the Outstanding Indebtedness under the terms and conditions set forth in the Out- standing Bond Resolutions; and Whereas, the City now proposes to enter into a Water Revenue Loan and Disburse- ment Agreement (the “Agreement”) and to borrow money thereunder in a principal amount not to exceed $2,000,000, pursuant to the provisions of Section 384.24A of the Code of Iowa, for the purpose of paying the cost, to that extent, of planning, designing and constructing improvements and extensions to the Utility (the “Project”), and it is nec- essary to fix a date of meeting of the Council at which it is proposed to take action to enter into the Agreement and to give notice thereof as required by such law . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. This City Council shall meet on June 2, 2025, 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. Section2. The City Clerk is hereby directed 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 publication at least once, not less than four (4) and not more than twenty (20) days before the meeting, in a legal newspaper which has a general 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 $2,000,000, (b) that other than (i) expenditures to be paid or reimbursed from sources other than the issuance of bonds, notes or other obligations (the “Bonds”), or (ii) expenditures made not earlier than 60 days prior to the date of this Resolution or a previous intent resolution of the City, or (iii) expenditures amounting to the lesser of $100,000 or 5% of the proceeds of the Bonds, or (iv) expenditures constituting preliminary expenditures as 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 reim- burse 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 resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 5. This resolution shall be in full force and effect immediately upon its adoption and approval, as provided by law. Passed and approved May 19, 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk PUBLIC HEARINGS 1. Request to Rezone 101 Airborne Road: Jones stated that the Dubuque Metropolitan Area Solid Waste Agency (DMASWA) Board met on Friday and recommended Ordinance Option No. 2, the reduced zoning area. Motion by Roussell to receive and file the docu- ments and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended for Ordinance Option No. 2. Seconded by Farber. Steve Ingalsbe, 15680 Es- tate Ln., stated that he had spoken in opposition to the rezoning at the Zoning Advisory Commission (ZAC) meeting and expressed support for the reduced zoning option. Breit- felder stated that written input was received from Kari Voss, 11140 Cottingham Rd. In response to questions, DMASWA Administrator Ken Miller explained that the property must be rezoned prior to obtaining a state permit and emphasized the agency’s intent to be transparent about its long-term expansion plans. Planning Services Director Wally Wernimont clarified that because Ordinance Option No. 2 reduced the proposed zoning area, the request did not need to return to the ZAC, as the City Council has the authority to modify recommendations provided the change results in a reduction rather than an expansion of the request. It was noted by City Council that neither Jones nor Resnick has a conflict of interest voting on this rezoning as DMASWA Board Members, as there is no personal financial benefit involved. City Council Members thanked those who provided input and commented that, while the rezoning request was complex, they were in support of the outcome. Motion carried 7-0. Motion by Roussell for final consideration and passage of Ordinance No. 16-25 An Ordinance Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code, by Reclassifying Hereinafter Described Property Located At 101 Airborne Road from AG Agriculture District to HIC Heavy Industrial with Conditions District [Option 2 - Reduced Zoning Area]. Seconded by Farber. Motion carried 7-0. ORDINANCE NO. 16-25 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 101 AIRBORNE ROAD FROM AG AGRICULTURE DIS- TRICT TO HIC HEAVY INDUSTRIAL WITH CONDITIONS DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Develop- ment Code, is hereby amended by reclassifying the hereinafter–described property from AG Agriculture District to HIc Heavy Industrial District with conditions, to wit: A portion of Lot 1 of Landfill West Subdivision pursuant to that certain Final Plat rec- orded May 27, 2005, as Instrument No. 2005-00008187 of the records of the Dubu- que County Recorder, County of Dubuque, State of Iowa. A portion of the NE ¼ of the SE ¼ of Section 1, Township 88 North, Range 1 East of the 5th P.M. in Vernon Township, all in Dubuque County Iowa. As shown on Exhibit A, and to the centerline of the adjoining public right -of-way, all in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved and adopted this 19th day of May, 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Request to Rezone 405-575 Cedar Cross 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. Mike Reinert, 401 Cedar Cross Rd., spoke in opposition to the rezoning, stating that rezoning to R-2 would be more acceptable. Carol Maas, 3095 Nightengale, inquired about the access road serving the property. Ap- plicant Julie Merfeld, 10713 Cottingham Rd., stated that there was no interest in the prop- erty when it was previously listed for sale under R-1 zoning, and noted that Cedar Cross Road is a commercial corridor with residential subdivisions located along it. Breitfelder stated that written input was received by Maas. In response to questions, Wernimont stated that access to the site is yet to be determined, as it will depend on the size and layout of the future development. He also noted that meeting setback requirements will enable the property to connect to water and sewer services. City Council Members ex- pressed support for the rezoning, describing it as a reasonable compromise, and encour- aged continued dialogue among neighboring residents. They also thanked W ernimont for recommending that the original R-4 rezoning request be remanded back to the ZAC for further review. Motion carried 7-0. Motion by Roussell for final consideration and passage of Ordinance No. 17-25 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development 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-3 Moderate Density Multi-Family Residential District. Seconded by Sprank. Motion carried 7-0. ORDINANCE NO. 17-25 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT 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-3 MODERATE DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Develop- ment Code, is hereby amended by reclassifying the hereinafter–described property from R-1 Single-Family Residential District to R-3 Moderate Density Multi-Family Residential District, to wit: Lot 2-2 Mineral Lot 219, Lot 2-2-1-2-1-1-2 Mineral Lot 220, and Lot 2-1-1-1-2-3 Min- eral Lot 219 to the centerline of the adjoining public right -of-way, all in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved and adopted this 19th day of May, 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Request to Rezone Radford Road: Motion by Jones to receive and file the docu- ments and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Farber. In response to a question, Wernimont clarified that there are currently no plans for an outdoor play area and that the Unified Development Code (UDC) does not require one. He also confirmed that a sidewalk along Radford Road will be required as part of the development. Tony Nadermann, one of the project devel- opers, noted that while an outdoor play area has not been discussed, it is something they are open to considering. Director of Transportation Services Ryan Knuckey stated that Radford Road is currently served by city buses, and th e department will evaluate the development to determine whether an additional bus stop is warranted. City Council Members expressed support for the project, citing its proximity to childcare, employment opportunities, and housing. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 18-25 Amending Title 16 of the Unified Development Code of the City of Dubuque Code of Ordinances by Reclassifying Hereinafter Described Property from PUD Planned Unit Development Dis- trict with PI Planned Industrial Designation to PUD Planned Unit Development District with PR Planned Residential Designation and Adopting a Conceptual Development Plan. Seconded by Farber. Motion carried 7-0. ORDINANCE NO. 18-25 AMENDING TITLE 16 OF THE UNIFIED DEVELOPMENT CODE OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DE- SCRIBED PROPERTY FROM PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH PI PLANNED INDUSTRIAL DESIGNATION TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH PR PLANNED RESIDENTIAL DESIGNATION AND ADOPTING A CONCEPTUAL DEVELOPMENT PLAN NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the Unified Development Code of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter -described property from PUD Planned Unit Development District with a PI Planned Industrial Designation to PUD Planned Unit Development District with a PR Planned Residential District designa- tion, 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 1 Dubuque Industrial Center 15th Addition, all in the City of Dubuque, Iowa, ac- cording to the respective recorded Plats thereof. 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 four (4) three -story multi-family resi- dential buildings totaling 72 units. 2. Accessory uses shall include any use customarily incidental and subordinate to the principal use it serves. B. Lot and Bulk Regulations - Development of land in the PR Planned Residential District shall be regulated as follows: 1. Buildings setbacks shall be located in substantial conformance with the approved conceptual development plan. 2. Maximum building height of 50 feet shall be allowed in this Planned Residential District. 3. Unless otherwise indicated, the development of the property in this Planned Res- idential District shall be regulated by Section 16 -5-5 of the Unified Development Code, R-4 Multi-Family Residential District. C. Performance Standards - The development and maintenance of uses in this PR Planned Residential District shall be regulated as follows: 1. Parking Regulations a. Off-street parking shall be a minimum of 1.5 spaces per unit. 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 surfacing material by painted stripes or other permanent means. e. The size and design of parking spaces shall be governed by applicable provi- sions of the Unified Development Code Section 13-3 Site Development Regula- tions. The location and quantity of parking spaces shall be governed by the Con- ceptual Development Plan. f. The number, size, design, and location of parking spaces designated for persons with disabilities shall be according to the local, state, or federal requirements in effect at the time of development. 2. Site Lighting a. Exterior illumination of site features shall be limited to the illumination of the fol- lowing: i. Parking areas, driveways, and loading facilities. ii. Pedestrian walkway surfaces and entrances to building. iii. Building exterior. b. Location and Design i. No light source shall provide illumination onto adjacent lots, buildings, or streets in excess of 1.0-foot candle. ii. All exterior lighting luminaries shall be designed and installed to shield light from the luminaries at angles above 72-degrees from vertical. iii. Fixtures mounted on a building shall not be positioned higher than the roofline of the building. iv. All electrical service lines to posts and fixtures shall be underground and con- cealed inside the posts. 3. Landscaping - Landscaping shall be provided in compliance with Section 13 -4 Landscaping and Screening Requirements of the Unified Development Code. 4. Storm Water Management - The developer shall be responsible for providing sur- face or subsurface conveyance(s) of storm water from the lot to existing storm sew- ers or to flow line of open drainageways outside the lot in a means that is satisfactory to the Engineering Department of the City of Dubuque. Other applicable regulations enforced by the City of Dubuque relative to storm water management and drainage shall apply. 5. Exterior Trash Collection Areas a. The storage of trash and debris shall be limited to that produced by the principal permitted use and accessory uses on the lot. b. All exterior trash collection areas and the material contained therein shall be vis- ually screened from view. The screening shall be completely opaque fence, wall, or other feature not exceeding a height of 10 feet measured from the ground level outside the line of the screen. Exposed materials used to construct the opaque screen shall be similar in appearance to materials used for exterior building walls. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. If a 10-foot height screen fails to shield the exterior trash collection area from view from the adjacent public right -of-way and neighboring properties, evergreen plantings may be required in addition to the screening. Evergreen plant material shall be selected and designed so that they screen the area from all off-site visibility within five (5) years. 6. Open Space - Open space and landscaping in the PR Planned Residential District shall be regulated as follows. Those areas not designated on the conceptual development plan shall be maintained as open space, as defined Article 13 of the Unified Development Code of the City of Dubuque, Iowa, by the property owner and/or association. 7. Platting - Subdivision plats and improvement plans shall be submitted in accord- ance with Article 11 Land Subdivision, of the City of Dubuque Unified Development Code. 8. Site Plans - Final site development plans shall be submitted in accordance with Article 12 Site Plans and Article 13 Site Design Standards prior to construction of each building and vehicle-related feature unless otherwise exempted by Article 12. D. Sign Regulations 1. Signs in the Planned Residential District shall be regulated in accordance with the R-4 Multi-Family Residential Zoning District sign regulations, Section 16-15-11.1 of the Unified Development Code. 2. Variance requests from sign requirements for size, number, and height shall be reviewed by the Zoning Board of Adjustment in accordance with Section 16 -8-6 of the Unified Development Code. E. Other Codes and Regulations 1. Service Lines. All electric, telephone, cable, or other similar utility lines serving the building and other site features shall be located underground. 2. The use of semi-trailers and shipping containers for storage is prohibited. 3. These regulations do not relieve the owner from other applicable city, county, state, or federal codes, regulations, laws, and other controls relative to the planning, con- struction, operation and management of property within the City of Dubuque. F. Transfer of Ownership - Transfer of ownership or lease of property in this PR Planned Residential District shall include the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the district. G. Modifications - Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Article 9 -5 of the Unified Development Code. H. Occupancy Permits - No occupancy permit shall be issued by the City of Dubuque for property included in the subject planned unit development district until full compli- ance with this ordinance has been achieved. I. Recording - A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder a permanent record of the conditions 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 undersigned and his/her heirs, successors, and assigns. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Ad- visory Commission of the City of Dubuque, Iowa. Section 3. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved, and adopted this 19th day of May 2025. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 4. Conducting a Public Hearing for the Jule’s-Iowa Department of Transportation Con- solidated Funding Application: Motion by Sprank to receive and file the documents and adopt Resolution No. 170-25 Authorizing Resolution: Approval of Consolidated Funding Application to Iowa DOT. Seconded by Wethal. Motion carried 7-0. RESOLUTION NO. 170-25 AUTHORIZING RESOLUTION: APPROVAL OF CONSOLIDATED FUNDING APPLI- CATION 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 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, pursuant to published notice, a public hearing was held on the proposed approval of the consolidated funding application on May 19, 2025, at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; 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, IOWA: Section 1. The City Council of the City of Dubuque, Iowa hereby endorses the applica- tion to the IDOT, which includes a City match. Section 2. 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: $93,467 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 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 on behalf of the City Council, to apply for financial assistance and to enter into related con- tract(s) with the IDOT. Passed, adopted and approved this 19th day of May 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Fiscal Year 2025 First Budget Amendment: Motion by Roussell to receive and file the documents and adopt Resolution No. 171-25 Amending The Current Budget For Fis- cal Year Ending June 2025. Seconded by Jones. Chief Financial Officer Jennifer Larson provided an overview of the fund transfers included in the amendment, noting that the amendment primarily supports capital projects. Motion carried 7-0. CITY BUDGET AMENDMENT AND CERTIFICATION RESOLUTION - FY 2025 - AMENDMENT # 1 To the Auditor of DUBUQUE County, Iowa: The City Council of DUBUQUE in said County/Counties met on 05/19/2025 06:30 PM, at the place and hour set in the notice, a copy of which accompanies this certificate and is certified as to publication. Upon taking up the proposed amendment, it was considered and taxpayers were heard for and against the amendment. The Council, after hearing all taxpayers wishing to be heard and considering the state- ments made by them, gave final consideration 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. 25-171 AMENDING THE CURRENT BUDGET FOR FISCAL YEAR ENDING JUNE 2025 (AS LAST CERTIFIED OR AMENDED ON 04/15/2024) Be it Resolved by the Council of City of DUBUQUE Section 1. Following notice published/posted 05/07/2025 and the public hearing held 05/19/2025 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: REVENUES & OTHER FINANCING SOURCES Total Budget as Certified or Last Amended Current Amendment Total Budget Af- ter Current Amendment Taxes Levied on Property 1 27,540,528 0 27,540,528 Less: Uncollected Delinquent Taxes - Levy Year 2 0 0 0 Net Current Property Tax 3 27,540,528 0 27,540,528 Delinquent Property Tax Revenue 4 0 0 0 TIF Revenues 5 17,907,459 0 17,907,459 Other City Taxes 6 25,126,148 0 25,126,148 Licenses & Permits 7 2,375,397 -84,575 2,290,822 Use of Money & Property 8 19,143,084 0 19,143,084 Intergovernmental 9 49,923,475 44,416,503 94,339,978 Charges for Service 10 58,638,885 -422,990 58,215,895 Special Assessments 11 3,000 659,524 662,524 Miscellaneous 12 9,795,759 3,392,238 13,187,997 Other Financing Sources 13 38,124,352 32,746,770 70,871,122 Transfers In 14 40,357,689 23,075,453 63,433,142 Total Revenues & Other Sources 15 288,935,776 103,782,923 392,718,699 EXPENDITURES & OTHER FINANC- ING USES Public Safety 16 39,761,962 5,348,267 45,110,229 Public Works 17 16,714,526 4,004,823 20,719,349 Health and Social Services 18 1,251,733 72,144 1,323,877 Culture and Recreation 19 18,070,634 2,387,681 20,458,315 Community and Economic Develop- ment 20 17,708,651 1,768,071 19,476,722 General Government 21 15,744,283 2,768,827 18,513,110 Debt Service 22 13,597,492 0 13,597,492 Capital Projects 23 54,596,496 99,196,310 153,792,806 Total Government Activities Expendi- tures 24 177,445,777 115,546,123 292,991,900 Business Type/Enterprise 25 86,156,076 54,614,872 140,770,948 Total Gov Activities & Business Ex- penditures 26 263,601,853 170,160,995 433,762,848 Transfers Out 27 40,357,689 23,075,453 63,433,142 Total Expenditures/Transfers Out 28 303,959,542 193,236,448 497,195,990 Excess Revenues & Other Sources Over (Under) Expendi- tures/Transfers Out 29 -15,023,766 -89,453,525 -104,477,291 Beginning Fund Balance July 1, 2024 30 72,261,524 80,199,497 152,461,021 Ending Fund Balance June 30, 2025 31 57,237,758 -9,254,028 47,983,730 Explanation of Changes: This amendment adds capital budget carryovers of $130,543,043 & associ- ated revenue of $74,735,019 & encumbrance carryovers of $40,222,277 (continuing appropriation au- thority). Adds operating budget carryovers of $8,485,199 & associated revenue of $4,246,46 1, requiring a formal amendment. Also included is $9,753,720 decrease in capital expense. Capital revenue increase of $6,145,799. Operating expense increase of $660,196 and operating revenue decrease of $4,419,809. Interfund transfers of $23,075,453. Passed, adopted and approved this 19th day of May 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk PUBLIC INPUT Regarding Action Item No. 1, Developer Joey Callahan, 7629 Commerce Park, ex- pressed enthusiasm for the project and indicated his availability to answer any questions. ACTION ITEMS 1. Resolution Approving a Development Agreement by and between the City of Dubu- que, Iowa and CCI5, LLC Providing for the Use of Urban Revitalization District Tax Abate- ment Pursuant to the Development Agreement: Motion by Jones to receive and file the documents and adopt Resolution No. 172-25 Approving A Development Agreement By And Between The City Of Dubuque, Iowa, And CCI5, LLC. Seconded by Sprank. In re- sponse to a question regarding sewer capacity, City Engineer Gus Psihoyos explained that two oversized manholes equipped with valves will be installed as a temporary sani- tary sewer solution. This measure will remain in place until the Iowa Department of Natu- ral Resources (IDNR) issues a permit for the permanent sewer design and construction. Psihoyos estimated the cost of the temporary solution at $30,000. Van Milligen noted that the developer will be responsible for sewer-related charges, providing the City with a rev- enue source. City Council Members expressed appreciation to the developer for moving forward with the project, particularly with the current capacity challenges with the Catfish Creek sewer system. Motion carried 7-0. RESOLUTION NO. 172-25 APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA, AND CCI5, LLC Whereas, CCI5, LLC is the owner of the property legally described as follows: Lot 2 of 2 of Mineral Lot 230, Lot 1 of Lot 3 of Mineral Lot 232, and Lot 2 of Merfeld Acres, all in the City of Dubuque, Iowa and as shown on Exhibit A (the Plat) which is currently being replatted to be known as Lots 1, 2, and 3 of Cedar Ridge Commercial Park (the Property); and Whereas, Developer proposes to construct one hundred eighty (180) multi-family res- idential units on the Property (the Project) and invest approximately Twenty -Three Million Four Hundred Thousand Dollars ($23,400,000.00) in 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, it is the determination of the City Council that approval of the Development Agreement for redevelopment of the Property by CCI5, LLC, according to the terms and conditions set out in the Development Agreement, is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Development Agreement by and between the City of Dubuque, Iowa, and CCI5, LLC, a copy of which is attached hereto, is hereby approved. Section 2. That the Mayor is hereby authorized 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 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 19th day of May 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Reject Bids 2025 Repair and Maintenance of the Iowa Street Parking Garage : Mo- tion by Roussell to receive and file the documents and adopt Resolution No. 173 -25 Re- jecting Competitive Bid Proposal Received for the 2025 Repair and Maintenance of the Iowa Street Parking Garage. Seconded by Wethal. Project Manager Jim Bousley reported that current safety concerns have been addressed, with the affected area now closed and structural monitoring taking place on a monthly basis. Knuckey stated that narrowin g the project’s scope is expected to encourage more competitive bidding. Motion carried 7 -0. RESOLUTION NO. 173-25 REJECTING COMPETITIVE BID PROPOSAL RECEIVED FOR THE 2025 REPAIR AND MAINTENANCE OF THE IOWA STREET PARKING GARAGE Whereas, one (1) competitive sealed bid proposal was received for the 2025 Repair and Maintenance of the Iowa Street Parking Garage (the Project) pursuant to Resolution No. 136-25 and Notice to Bidders published in the City of Dubuque, Iowa website and a contractor plan room service with statewide circulation on the 25th day of April, 2025; and Whereas, the one (1) competitive sealed bid proposal was opened and read on the 12th day of May 2025; and Whereas, the City Council has deemed it advisable to reject the one (1) competitive sealed bid proposal for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The one (1) competitive sealed bid proposal for the 2025 Repair and Mainte- nance of the Iowa Street Parking Garage is hereby rejected. Section 2. The City Clerk is authorized and instructed to return the bid deposit of the unsuccessful bidders for the 2025 Repair and Maintenance of the Iowa Street Parking Garage. Passed, approved and adopted this 19th day of May 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Resolutions of Support for Workforce Housing Tax Credit Applications for Multiple Housing Developments: Motion by Jones to receive and file the documents and adopt Resolution No. 174-25 Supporting The Submission Of An Iowa Economic Development Authority Application To The Workforce Housing Tax Credit Program By Millwork Flats, L.L.C; Resolution No. 175-25 Supporting The Submission Of An Iowa Economic Devel- opment Authority Application To The Workforce Housing Tax Credit Program By Gronen Development, Inc.; Resolution No. 176-25 Supporting The Submission Of An Iowa Economic Development Authority Application To The Workforce Housing Tax Credit Pro- gram By Wilson House Apts, LLC; and Resolution No. 177 -25 Supporting The Submis- sion Of An Iowa Economic Development Authority Application To The Workforce Housing Tax Credit Program By 1301 Central, LLC. Seconded by Wethal. Motion carried 7 -0. RESOLUTION NO. 174-25 SUPPORTING THE SUBMISSION OF AN IOWA ECONOMIC DEVELOPMENT AU- THORITY APPLICATION TO THE WORKFORCE HOUSING TAX CREDIT PROGRAM BY MILLWORK FLATS, L.L.C. Whereas, Millwork Flats, L.L.C. (Developer) owns the following described real property in the City of Dubuque, Iowa: CITY LOTS 384-387 & S 1/2 OF CITY LOT 388 (1065 JACKSON, 163 E 10TH); locally known as 1065 Jackson Street (the Property); and Whereas, Developer proposes to construct Seventy-Six (76) multi-family residential units on the Property (the Project) and invest approximately Twenty-Five Million Five Hun- dred Thousand Dollars ($25,500,000.00) in the Project; and Whereas, the Project is located in the Greater Downtown Urban Renewal Area which has been so designated by City Council Resolution 123-67, on May 18, 1967, as a slum and blighted area (the Project Area) defined by Iowa Code Chapter 403 (the Urban Re- newal Law); and Whereas, the Project will support the City's efforts to create new housing opportunities for a growing workforce within the community; and Whereas, Developer has committed a significant amount of private financing to the Project; 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 April 21, 2025, City has the authority to enter into contracts and agreements to implement the Urban Renewal Plan, as amended, including the issuance of Economic Development Grants and Urban Tax Increment Revenue Obligations; and Whereas, the City and Developer have executed a Development Agreement dated June 17, 2024, including the issuance of a $500,000 Forgivable Loan and Urban Tax Increment Revenue Obligations, (the Agreement); and Whereas, Developer’s application to the Workforce Housing Tax Credit Program, will provide necessary tax credits and other benefits which will directly contribute to the suc- cess of the Project; and Whereas, the City Council finds that the application to the Workforce Housing Tax Credit Program by Millwork Flats, L.L.C. is in the best interests of the City of Dubuque and should be supported NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque 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 di- rectly contributing to the success of the Project at 1065 Jackson Street, Dubuque, Iowa 52001. Passed, approved and adopted this 19th day of May 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 175-25 SUPPORTING THE SUBMISSION OF AN IOWA ECONOMIC DEVELOPMENT AU- THORITY APPLICATION TO THE WORKFORCE HOUSING TAX CREDIT PROGRAM BY GRONEN DEVELOPMENT, INC. Whereas, City is the owner of the following real estate located in the City of Dubuque, County of Dubuque, State of Iowa, consisting of 0.67 acres, BLK 17 DUBUQUE DOWNTOWN PLAZA (the Property); and Whereas, Gronen Development, Inc. (Developer) has requested that City sell to De- veloper the Property together with all easements, tenements, hereditaments and appur- tenances belonging thereto (Property), and City has agreed to sell the Property to Devel- oper subject to and in accordance with the terms of an executed Development Agreement dated March 17, 2025 (Agreement); and Whereas, Developer desires to construct a total of One Hundred Two (102) apartment units and 8,000 square feet of commercial space on the Property (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, Developer 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 Resolution 123-67, on May 18, 1967, as a slum and blighted area (the Project Area) defined by Iowa Code Chapter 403 (the Urban Re- newal 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 April 21, 2025, City has the authority to enter into contracts and agreements to implement the Urban Renewal Plan, as amended, including the issuance of Economic Development Grants and Urban Tax Increment Revenue Obligations; and Whereas, once completed, the Agreement provides the Property 15 years of Urban Tax Increment Revenue Obligations subject to a Minimum Assessment Agreement; and Whereas, Developer’s application to the Workforce Housing Tax Credit Program, will provide necessary tax credits and other benefits which will directly contribute to the suc- cess of the Project; and Whereas, the City Council find that the application to the Workforce Housing Tax Credit Program by Gronen Development, Inc. is in the best interests of the City of Dubuque and should be approved NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque hereby supports the submission of an Iowa Economic Development Authority Application to the Workforce Housing Tax Credit Program by Gronen Development, Inc. for necessary tax credits and other benefits directly contributing to the success of the Project at 5th and Main Streets, Dubuque, Iowa 52001. Passed, approved and adopted this 19th day of May 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 176-25 SUPPORTING THE SUBMISSION OF AN IOWA ECONOMIC DEVELOPMENT AU- THORITY APPLICATION TO THE WORKFORCE HOUSING TAX CREDIT PROGRAM BY WILSON HOUSE APTS, LLC Whereas, Wilson House Apts, LLC (Developer) owns the following described real prop- erty in the City of Dubuque, Iowa: The Northerly 64 feet of Out Lot No. 662A in the Town (now City) of Dubuque, Iowa, according to the United States Commissioners’ Plat of the Survey of said Town of Dubuque (the Property); and Whereas, Developer plans to rehabilitate the existing structure to construct five (5) multi-family residential units on the Property (the Project) and invest approximately One Million Five Hundred Thousand Dollars ($1,500,000.00) in the Project; and Whereas, the Project is located in the Greater Downtown Urban Renewal Area which has been so designated by City Council Resolution 123-67, on May 18, 1967, as a slum and blighted area (the Project Area) defined by Iowa Code Chapter 403 (the Urban Re- newal Law); and Whereas, the Project will support the City's efforts to create new housing opportunities for a growing workforce within the community; and Whereas, Developer has committed a significant amount of private financing to the Project; 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 April 21, 2025, City has the authority to enter into contracts and agreements to implement the Urban Renewal Plan, as amended, including the issuance of Economic Development Grants and Urban Tax Increment Revenue Obligations; and Whereas, the City and Developer have executed a Development Agreement dated May 20, 2024, as amended, including the issuance of Urban Tax Increment Revenue Obligations, (the Agreement); and Whereas, Developer’s application to the Workforce Housing Tax Credit Program, will provide necessary tax credits and other benefits which will directly contribute to the suc- cess of the Project; and Whereas, the City Council finds that the application to the Workforce Housing Tax Credit Program by Wilson House Apts, LLC is in the best interests of the City of Dubuque and should be supported. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque 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 directly contributing to the success of the Project at 1243 Locust Street, Dubuque, Iowa 52001. Passed, approved and adopted this 19th day of May 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 177-25 SUPPORTING THE SUBMISSION OF AN IOWA ECONOMIC DEVELOPMENT AU- THORITY APPLICATION TO THE WORKFORCE HOUSING TAX CREDIT PROGRAM BY 1301 CENTRAL, LLC WHEREAS, 1301 CENTRAL, LLC (Developer) owns the following described real property in the City of Dubuque, Iowa: TRACT I. Lot 1, Lot 2, and Lot 2 of Lot 3 all of the subdivision of the south half of Out Lot 456, in the City of Dubuque, Iowa according to the recorded Plats of said respective Sub- division. TRACT II. The Middle 1/5 of Out Lot 449 in the City of Dubuque, Iowa, according to the United States Commissioners’ Map thereof. The South ½ of the North Middle 1/5 of Out Lot 449, in the City of Dubuque, Iowa, according to the United States Commissioners’ Map thereof. The North 1/5 and the North ½ of the North Middle 1/5 of Out Lot 449 in the City of Dubuque, Iowa, according to the United States Commissioners’ Map thereof. Lot 4 of the South ½ of Out Lot 456, and Lot 1 of Lot 3 of the South ½ of Out Lot 456, in the City of Dubuque, Iowa, according to the recorded Plats thereof. The Southerly 2/5ths of Out Lot 449 in the City of Dubuque, Iowa, according to the United States Commissioners’ Map of the Survey of Said Town of Dubuque, Iowa. TRACT III. The North ½ of the Middle 1/5 of Out Lot 456 in the City of Dubuque, Iowa, according to the United States Commissioners’ Map thereof. Tract IV. City Lot 449A in the City of Dubuque, Iowa, according to the Plat recorded as In- strument #16133-02, records of Dubuque County, Iowa. (the Property); and Whereas, Developer plans to rehabilitate the existing structure to construct thirty (30) multi-family residential units on the Property (the Project) and invest approximately Eight Million Dollars ($8,000,000.00) in the Project; and Whereas, the Project is located in the Greater Downtown Urban Renewal Area which has been so designated by City Council Resolution 123-67, on May 18, 1967, as a slum and blighted area (the Project Area) defined by Iowa Code Chapter 403 (the Urban Re- newal Law); and Whereas, the Project will support the City's efforts to create new housing opportunities for a growing workforce within the community; and Whereas, Developer has committed a significant amount of private financing to the Project; 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 April 21, 2025, City has the authority to enter into contracts and agreements to implement the Urban Renewal Plan, as amended, including the issuance of Economic Development Grants and Urban Tax Increment Revenue Obligations; and Whereas, the City and Developer anticipate City approval of a Development Agree- ment scheduled for public hearing June 2, 2025, including the issuance of Urban Tax Increment Revenue Obligations, (the Agreement); and Whereas, Developer’s application to the Workforce Housing Tax Credit Program, will provide necessary tax credits and other benefits which will directly contribute to the suc- cess of the Project; and Whereas, the City Council finds that the application to the Workforce Housing Tax Credit Program by 1301 CENTRAL, LLC is in the best interests of the City of Dubuque and should be supported NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque hereby supports the submission of an Iowa Economic Development Authority Application to the Workforce Housing Tax Credit Program by 1301 Central, LLC for necessary tax credits and other benefits directly contributing to the success of the Project at 1301 Central Avenue, Dubuque, Iowa 52001. Passed, approved and adopted this 19th day of May 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Amendment to City Code – Solicitor and Transient Merchant Licenses: Motion by Jones to receive and file the documents and that the requirement that a proposed ordi- nance be considered and voted on for passage at two Council meetings prior to the meet- ing at which it is to be passed be suspended. Seconded by Farber. Breitfe lder confirmed that a solicitor’s license is required for business-related door-to-door sales and that solic- itors are required to carry the license while conducting business. Residents have the right to request to see a solicitor’s license. If concerns arise, they are encouraged to gather as much information as possible—such as the solicitor’s name, company affiliation, and con- tact details—and report it to the City Clerk’s Office. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 19-25 Repealing Title 4 Business and License Regulations, Chapter 5 Solicitor’s License and Replacing it with New Chapter 5 Containing Articles A and B For Solicitors and Transient Merchants. Seconded by Farber. Motion carried 7-0. ORDINANCE NO. 19-25 REPEALING TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 5 SO- LICITOR’S LICENSE AND REPLACING IT WITH NEW CHAPTER 5 CONTAINING AR- TICLES A AND B FOR SOLICITORS AND TRANSIENT MERCHANTS NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Title 4 Chapter 5 of the City of Dubuque Code of Ordinances is hereby repealed. Section 2. The Code of Ordinance Title 4 Chapter 5 of the City of Dubuque, Iowa hereby reads as follows: ARTICLE A. SOLICITORS 4-5A-1: DEFINITIONS: As used in this chapter, the following term has the following meaning: SOLICITOR: Any person offering and exposing goods, wares, merchandise, prod- ucts, or services for sale, or taking or soliciting orders for goods, wares, merchan- dise, products, or services for future delivery from place to place, house to house, door to door, or street to street, whether the person collects advance payments for such sales or not; but excluding calling upon or soliciting business establishments, professional offices, or institutions, exclusively, or calling on prospective customers by appointment only. 4-5A-2: LICENSE REQUIRED: A. No person may engage in business as a solicitor without first obtaining a license therefor and paying the license fee. 4-5A-3: EXEMPTIONS: This chapter does not apply to the following: A. Vendors of goods, merchandise, or services delivered or sold to established cus- tomers; B. Nonprofit organizations filed under or authorized by chapter 504 of the Iowa Code or authorized and organized under statutes or regulations of the United States government or approved by the Internal Revenue Service, where such organiza- tions have a permanent office in Dubuque County, Iowa; C. Churches and public and private schools and colleges that have a permanent office in Dubuque County, Iowa; D. Nonprofit clubs and lodges not ordinarily conducted as a business and which do not meet the requirements of chapter 504 of the Iowa Code and that have a per- manent office in Dubuque County, Iowa; E. Persons selling their own art or handicrafts either by themselves or through em- ployees, or nonprofit civic, charitable, religious, or educational groups or members or employees thereof engaged in retail sale for the purpose of fundraising; F. Persons that purchase gold, bullion, ingots, precious metals, and jewelry. Such persons are subject to the pawnbroker and secondhand dealer regulations set forth in chapter 6, article A of this title. (Ord. 23-19, 5-6-2019) G. Persons that prepare, market or sell food from a mobile vending unit or mobile pushcart. 4-5A-4: APPLICATION FOR LICENSE: A. An application for a solicitor's license must be filed at the City Clerk’s Office on a form provided by the City Clerk. B. The chief of police will investigate each applicant for a solicitor license and a report of such investigation will be attached to the application for consideration by the city clerk. C. The city clerk will, in consultation with the chief of police and upon receipt of an application, with an appropriate bond attached, approve or reject the application considering: a. Whether the statements and representations contained in the application are true, b. Whether the applicant is the holder of an Iowa retailer's sales tax permit, when required/if applicable, and c. If a foreign corporation, whether the entity has the authority to do business in the state of Iowa. D. If, upon receipt and review of an application, it is determined that the applicant has a pending criminal charge which upon conviction would result in denial of a license, the city clerk reserves the right to place the application on hold for up to fourteen (14) days pending resolution of the criminal charge. a. It is the applicant's responsibility to provide any updated information on the out- standing charge(s). b. At the conclusion of fourteen (14) days the City Clerk shall resume processing of the application. E. A license is valid only for the period of time described in the application. 4-5A-5: BOND: An applicant for a license must file with the City Clerk a surety bond in the amount of five thousand dollars ($5,000.00) conditioned on the following: A. That the applicant will fully comply with all ordinances of the City and laws regu- lating solicitor sales; B. The payment by the applicant of all taxes that may be payable by or due from the applicant to the State of Iowa or the City of Dubuque; C. The payment of any fines that may be assessed by any court against the appli- cant for violation of the provisions of this chapter; D. The payment and satisfaction of any and all causes of action against the applicant commenced within one year from the date of sale and arising from such sale; pro- vided, however, that the aggregate liability of the surety for all such taxes, fines, and causes of action must in no event exceed the principal sum of such bond; and E. Guaranteeing to any resident of the city that all monies paid will be accounted for and applied according to the representation of the licensee. Said bond will continue in force as to such surety for not less than one year from the date of the license. Action on such bond may be brought by any resident of the city. (Ord. 16 -13, 3-4- 2013) 4-5A-6: FEES: A solicitor must pay a license fee established by the city manager. (Ord. 16-13, 3-4-2013) 4-5A-7: DISPLAY OF LICENSE: A solicitor shall keep such license in possession at all times while doing business in the City and shall, upon the request of prospective customers, exhibit the license as evidence of compliance with all requirements of this chapter.. (Ord. 16-13, 3-4-2013) 4-5A-8: MISREPRESENTATION: It is unlawful for any solicitor making sales or en- gaging in or conducting a business under a solicitor's license to make any false or misleading statement or representation regarding any article sold or offered for sale by such solicitor as to condition, quality, original cost, or cost to such solicitor of any article sold or offered for sale, or to sell or offer for sale goods, wares, products, or merchandise of a value in excess of the value thereof as shown by said application, or to sell or offer for sale at retail any goods, wares, products, or merchandise or to engage in or conduct an intermittent or temporary business on any day or at any place other than those shown by such license. A solicitor who violates any provision of this chapter is ineligible for a license for a period of two (2) years from the date of such violation. (Ord. 16-13, 3-4-2013) 4-5A-9: DENIAL, SUSPENSION, OR REVOCATION OF LICENSE: A. The city clerk may, upon good cause, deny issuance or renewal of a license or suspend or revoke any license issued under this article for a period not to exceed one year for any of the following: 1. Violation of any federal, state, or local law, including, but not limited to, a viola- tion of this chapter or any other chapter of this code; 2. Misrepresentation of any material fact in the application for a license; 3. Failure to cooperate with law enforcement; 4. The applicant, licensee, owner, manager, partner, corporate officer, or director has been convicted of a crime involving robbery, burglary, theft, forgery, fraud, or deceptive practices, the possession, manufacture, or delivery of a controlled sub- stance, possession with intent to manufacture or deliver a controlled substance, possession of drug paraphernalia, or nonpayment of excise taxes for a controlled substance, nonpayment of other taxes, or demonstrated insolvency; 5. Misrepresentation of the source, condition, quality, weight, or measure of the product sold by such solicitor; 6. If any judgment recovered against such solicitor with reference to the operation of the business within the city remains unpaid for a period of six (6) months, pro- vided such judgment be not stayed under a supersedeas bond upon appeal from such judgment; 7. The applicant has been convicted in the prior seven (7) year period of a felony or of any crime involving injury to another person or damage to the property of another person; or 8. The applicant is registered on the national sex offender registry. B. A plea of guilty, no contest, or a plea agreement resulting in a conviction to a lesser charge may be considered the equivalent of a conviction for purposes of evaluating eligibility for a permit under 4-5-10(A). C. The city clerk must give written notice of the revocation, suspension, or denial of renewal of any license issued under the provisions of this chapter to the license holder and the surety or sureties furnishing the bond provided for herein. 4-5A-10: APPEAL: Within ten (10) days after notice of denial, suspension, or revoca- tion of a license, a solicitor may file with the city clerk a written notice of appeal to the city manager from such denial, suspension, or revocation. The city manager must provide the solicitor with notice and an opportunity to be heard on the issue of whether the license was properly denied, suspended, or revoked. (Ord. 16-13, 3-4- 2013) 4-5A-11: PERSONAL NATURE; TRANSFERABILITY: The solicitor's license granted under this chapter is personal to the applicant only and may not be sold, assigned, or otherwise transferred. (Ord. 16-13, 3-4-2013) 4-5A-12: REPORT TO CITY CLERK UPON LOSS REQUIRED: In the event any li- cense issued under this chapter is lost or mislaid, the licensee must report such fact to the city clerk immediately. A duplicate license will be issued upon payment of the fee as established by the city manager. (Ord. 16-13, 3-4-2013) 4-5A-13: MUSIC: No loudspeaker or other sound system which may disturb the peace is permitted while soliciting. Music is permitted to draw attention to the sales opera- tion but shall not be of a magnitude to create a disturbance in the area where the solicitor locates. ARTICLE B. TRANSIENT MERCHANTS 4-5B-1: DEFINITIONS: As used in this chapter, the following term has the following meaning: TRANSIENT MERCHANT: Any business that engages in selling goods, wares, mer- chandise, products, or services from any fixed or temporary location, which is tem- porarily maintained or when such business is intermittently carried on and there is no intention to conduct the same permanently within the City. Any person is pre- sumed to be temporarily or intermittently selling or offering to sell goods or services, unless such person intends to and does remain continuously in business at each location where such sales are offered for a period of more than sixty (60) days. (Ord. 16-13, 3-4-2013) 4-5B-2: LICENSE REQUIRED: A. No person may engage in business as a transient merchant without first obtaining a license therefor and paying the license fee. B. No person having control of private property within the City may knowingly permit another person to engage in business on or about that property as a transient merchant without first requiring that person to obtain a license therefor. (Ord. 16 - 13, 3-4-2013) 4-5B-3: EXEMPTIONS: This chapter does not apply to the following: A. Vendors of goods, merchandise, or services delivered or sold to established cus- tomers; B. Nonprofit organizations filed under or authorized by chapter 504 of the Iowa Code or authorized and organized under statutes or regulations of the United States government or approved by the Internal Revenue Service, where such organiza- tions have a permanent office in Dubuque County, Iowa; C. Churches and public and private schools and colleges that have a permanent office in Dubuque County, Iowa; D. Nonprofit clubs and lodges not ordinarily conducted as a business and which do not meet the requirements of chapter 504 of the Iowa Code and that have a per- manent office in Dubuque County, Iowa; E. Persons selling at wholesale to merchants, persons selling their own art or hand- icrafts either by themselves or through employees, or nonprofit civic, charitable, religious, or educational groups or members or employees thereof engaged in re- tail sale for the purpose of fundraising; F. Central Market and other permitted farmers' market businesses licensed in ac- cordance with this Code; or G. Persons that purchase gold, bullion, ingots, precious metals, and jewelry. Such persons are subject to the pawnbroker and secondhand dealer regulations set forth in chapter 6, article A of this title. (Ord. 23-19, 5-6-2019) H. Persons that prepare, market or sell food from a mobile vending unit or mobile pushcart. 4-5B-4: APPLICATION FOR LICENSE: A. An application for a transient merchant license must be filed at the City Clerk’s Office on a form provided by the City Clerk. B. The chief of police will investigate each business owner applying for a transient merchant license and a report of such investigation will be attached to the applica- tion for consideration by the city clerk. C. If, upon receipt and review of an application, it is determined that the applicant has a pending criminal charge which upon conviction would result in denial of a license, the city clerk reserves the right to place the application on hold for up to fourteen (14) days pending resolution of the criminal charge. a. It is the applicant's responsibility to provide any updated information on the out- standing charge(s). b. At the conclusion of fourteen (14) days the City Clerk shall resume processing of the application. D. The city clerk will, in consultation with the chief of police and upon receipt of an application, with an appropriate bond attached, approve or reject the application considering: a. Whether the statements and representations contained in the application are true, b. Whether the applicant is the holder of an Iowa retailer's sales tax permit, when required/if applicable, and c. If a foreign corporation, whether the entity has the authority to do business in the state of Iowa. E. A license is valid only for the period of time and at the location and place de- scribed in the application. In the event a qualified applicant intends to conduct business or engage in sales activities from multiple locations, a separate applica- tion shall be submitted, and a distinct license shall be obtained and approved for each individual location. 4-5B-5: BOND: An applicant for a license must file with the City Clerk a surety bond in the amount of five thousand dollars ($5,000.00) conditioned on the following: A. That the applicant will fully comply with all ordinances of the City and laws regu- lating transient merchant sales; B. The payment by the applicant of all taxes that may be payable by or due from the applicant to the State of Iowa or the City of Dubuque; C. The payment of any fines that may be assessed by any court against the appli- cant for violation of the provisions of this chapter; D. The payment and satisfaction of any and all causes of action against the applicant commenced within one year from the date of sale and arising from such sale; pro- vided, however, that the aggregate liability of the surety for all such taxes, fines, and causes of action must in no event exceed the principal sum of such bond; and E. Guaranteeing to any resident of the city that all monies paid will be accounted for and applied according to the representation of the licensee. Said bond will continue in force as to such surety for not less than one year from the date of the license. Action on such bond may be brought by any resident of the city. (Ord. 16 -13, 3-4- 2013) 4-5B-6: FEES: A transient merchant must pay a license fee established by the city manager. (Ord. 16-13, 3-4-2013) 4-5B-7: DISPLAY OF LICENSE: A transient merchant must, at all times while doing business in this city, prominently display the license for the period of time and at the location and place described in the application so that it is clearly visible to anyone to whom the person is selling or offering for sale goods, merchandise, products, or services. The licensee must also, at the time of selling or offering for sale goods, merchandise, products, or services, provide each prospective customer with an op- portunity to view the license. 4-5B-8: MISREPRESENTATION: It is unlawful for any transient merchant making sales or engaging in or conducting a business under a transient merchant's license to make any false or misleading statement or representation regarding any article sold or offered for sale by such transient merchant as to condition, quality, original cost, or cost to such transient merchant of any article sold or offered for sale, or to sell or offer for sale goods, wares, products, or merchandise of a value in excess of the value thereof as shown by said application, or to sell or offer for sale at retail any goods, wares, products, or merchandise or to engage in or conduct an intermittent or temporary business on any day or at any place other than those shown by such license. A transient merchant who violates any provision of this chapter is ineligible for a license for a period of two (2) years from the date of such violation. (Ord. 16 - 13, 3-4-2013) 4-5B-9: DENIAL, SUSPENSION, OR REVOCATION OF LICENSE: A. The city clerk may, upon good cause, deny issuance or renewal of a license or suspend or revoke any license issued under this article for any of the following: 1. Violation of any federal, state, or local law, including, but not limited to, a viola- tion of this chapter or any other chapter of this code; 2. Misrepresentation of any material fact in the application for a license; 3. Failure to cooperate with law enforcement; 4. The licensee, owner, manager, partner, corporate officer, or director has been convicted of a crime involving robbery, burglary, theft, forgery, fraud, or deceptive practices, the possession, manufacture, or delivery of a controlled substance, possession with intent to manufacture or deliver a controlled substance, posses- sion of drug paraphernalia, or nonpayment of excise taxes for a controlled sub- stance, nonpayment of other taxes, or demonstrated insolvency; 5. Misrepresentation of the source, condition, quality, weight, or measure of the product sold by such transient merchant; 6. If any judgment recovered against such transient merchant with reference to the operation of the business within the city remains unpaid for a period of six (6) months, provided such judgment be not stayed under a supersedeas bond upon appeal from such judgment; 7. The owner has been convicted in the prior seven (7) year period of a felony or of any crime involving injury to another person or damage to the property of an- other person; or 8. The owner is registered on the national sex offender registry. B. A plea of guilty, no contest, or a plea agreement resulting in a conviction to a lesser charge may be considered the equivalent of a conviction for purposes of evaluating eligibility for a permit under this section. C. The city clerk must give written notice of the revocation, suspension, or denial of renewal of any license issued under the provisions of this chapter to the license holder and the surety or sureties furnishing the bond provided for herein. 4-5B-10: APPEAL: Within ten (10) days after notice of denial, suspension, or revoca- tion of a license, a transient merchant applicant may file with the city clerk a written notice of appeal to the city manager from such denial, suspension, or revocation. The city manager must provide the applicant with notice and an opportunity to be heard on the issue of whether the license was properly denied, suspended, or re- voked. (Ord. 16-13, 3-4-2013) 4-5B-11: PERSONAL NATURE; TRANSFERABILITY: The transient merchant's li- cense granted under this chapter is personal to the owner only and may not be sold, assigned, or otherwise transferred. (Ord. 16-13, 3-4-2013) 4-5B-12: REPORT TO CITY CLERK UPON LOSS REQUIRED: In the event any li- cense issued under this chapter is lost or mislaid, the licensee must report such fact to the city clerk immediately. A duplicate license will be issued upon payment of the fee as established by the city manager. (Ord. 16-13, 3-4-2013) 4-5B-13: MUSIC: No loudspeaker or other sound system which may disturb the peace is permitted while soliciting. Music from a vendor unit is permitted to draw attention to the sales operation but shall not be of a magnitude to create a disturbance in the area where the transient merchant locates. Section 3. Effective Date. This ordinance shall take effect upon publication. Passed, approved, and adopted this 19th day of May 2025. Brad Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 5. Fiscal Year 2026 Dollars & Cents Brochure: Motion by Wethal to receive and file the documents. Seconded by Sprank. Motion carried 7-0. COUNCIL MEMBER REPORTS Resnick reported on Bike Week. Farber reported on Chris Kohlmann’s recent retirement from the City in the role of Chief Information Officer, the recent press tour at the City’s new Data Center, an Information Technology and Communications Committee (ITC) meeting for the National League of Cities (NLC), and her upcoming trip to Amazon’s headquarters to discuss information technology topics. Roussell reported on the Heart Program graduation at Four Mounds. Jones reported on the City’s employee recognition breakfast, a Dubuque Metropolitan Area Transportation Study (DMATS) Policy Committee Meeting, Kohlmann’s retirement, the Dubuque Area Chamber of Commerce’s Washington, D.C. Fly-In Event, and playing with the East Dubuque Drum Corp. to welcome back honor flight participants. Wethal reported on the Heart Program graduation and attending an NAACP Housing Committee meeting. Sprank reported on the Washington, D.C. Fly-In Event. Cavanagh reported on Bike Week, Travel Dubuque’s hospitality breakfast, the em- ployee recognition breakfast, the state legislature’s recent adjournment, and the Wash- ington, D.C. Fly-In Event. Van Milligen thanked Cavanagh for co-presenting the keynote at the employee recog- nition breakfast and expressed appreciation to all City Council Members for their partici- pation in presenting awards at the breakfast. CLOSED SESSION Motion by Jones to convene in closed session at 8:47 p.m. to discuss Pending Litiga- tion and Purchase or Sale of Real Estate – Chapter 21.5(1)(C),(j) Code of Iowa. Seconded by Resnick. Mayor Cavanagh stated for the record that the attorney who will consult with City Council on the issues to be discussed in the closed session is Senior Counsel Lin- dahl. Motion carried 7-0. The City Council reconvened in open session at 9:16 p.m. stating that staff had been given proper direction. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 9:16 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk