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5 20 24 City Council Proceedings Official Special and Regular1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:15 p.m. on May 20, 2024, in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Pro Tem Jones; Council Members Farber, Resnick (joined virtually by 5:45 p.m.), Roussell, Sprank, Wethal; City Manager Van Milligen, City Attorney Brumwell. Absent: Mayor Cavanagh. Mayor Pro Tem Jones read the call and stated this is a special session of the City Council called for the purpose of conducting work sessions on the Historic Millwork Dis- trict Master Plan and Inclusive Dubuque. WORK SESSIONS 1. Historic Millwork District Master Plan Update Bolton & Menk, Inc. Senior Urban Designer Andrew Dresdner presented the final draft of the Historic Millwork District Master Plan Update and responded to questions from the City Council regarding stakeholder engagement, parking availability, and potential uses of specific buildings. This work session concluded at 5:52 p.m. The City Council recessed until 6:00 p.m. 2. Inclusive Dubuque Community Foundation of Greater Dubuque Equity Officer Clara Lopez Ortiz and Vice President of Impact Mary Jo Jean Francois presented an update on Inclusive Dubuque activities. A suggestion was made by the City Council to collect data on digital literacy. Additionally, the City Council provided feedback on the implementation process for a translator program. There being no further business, Mayor Pro Tem Jones declared the meeting ad- journed at 6:28 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk 2 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on May 20, 2024, in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Pro Tem Jones; Council Members Farber, Resnick (attended virtually), Roussell, Sprank, Wethal; City Manager Van Milligen, City Attorney Brumwell. Absent: Mayor Cavanagh. Mayor Pro Tem Jones read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come be- fore the City Council. PLEDGE OF ALLEGIANCE City Clerk Breitfelder announced that Public Hearing No. 4 was removed from the meeting. PROCLAMATION(S) 1. Apples for Students Months (May - July 2024) was accepted by Beth McGorry on behalf of St. Mark Youth Enrichment. 2. Summer Learning Week (July 15 - 19, 2024) was accepted by Beth McGorry on behalf of the Summer Learning Cooperative. 3. Jewish American Heritage Month (May 2024) was accepted by Council Member Farber on behalf of Temple Beth El. 4. LGBTQ+ Pride Month (June 2024) was accepted by Chuck Harris on behalf of the Multicultural Family Center's Pride Festival 2024 Committee. CONSENT ITEMS Motion by Roussell to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Farber. Motion carried 6-0. 1. Minutes and Reports Submitted: Airport Commission of March 26, 2024; Arts & Cul- tural Affairs of March 26, 2024; City Council Proceedings of May 6 and 13, 2024; Civil Service Commission of April 10, 2024; Community Development Advisory Commission of March 20, 2024; Zoning Advisory Commission Unapproved Minutes of May 1, 2024; Proof of Publication for City Council Amended Proceedings of April 15 and 22, 2024; 3 Proof of Publication for City Council Amended Proceedings of April 4 and 15, 2024. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Paul and Paula Herrig for vehicle damage; Southend Tap LLC for property damage; Stacey Humke for vehicle damage. Upon motion the doc- uments 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: Paul Herrig for vehicle damage; Southend Tap LLC for property damage; Stacey Humke 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. 128-24 Authorizing the Chief Financial Officer/City Treasurer to make certain payments of bills that must be paid and approved for payment in accordance with City procedures was adopted. RESOLUTION NO. 128-24 AUTHORIZING THE CHIEF FINANCIAL 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. 4 Passed, approved, and adopted this 20th day of May 2024. Ric W. Jones, Mayor Pro Tem Attest: Adrienne N. Breitfelder, City Clerk 5. Resolution of Support for Workforce Housing Tax Credit Application by 799 Main, LLC: Upon motion the documents were received and filed, and Resolution No. 129 -24 Supporting the submission of an Iowa Economic Development Authority (IEDA) applica- tion to the Workforce Housing Tax Credit Program by 799 Main, LLC was adopted. RESOLUTION NO. 129-24 SUPPORTING THE SUBMISSION OF AN IOWA ECONOMIC DEVELOPMENT AU- THORITY (IEDA) APPLICATION TO THE WORKFORCE HOUSING TAX CREDIT PROGRAM BY 799 MAIN, LLC Whereas, 799 Main, LLC proposes to construct thirty-six (36) multi-family residential units and invest Twelve Million Dollars $12,000,000 in the construction of the units (the Project); and Whereas, the Project will support the City's efforts to create new housing opportunities for a growing workforce within the community; and Whereas, 799 Main, LLC has committed a significant amount of private financing to the Project; and Whereas, the Project is located in the Greater Downtown Urban Renewal Area which has been so designated by City Council 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 De- cember 18, 2023, City has the authority to enter into contracts and agreements to imple- ment the Urban Renewal Plan, as amended, including the issuance of Economic Devel- opment Grants and Urban Tax Increment Revenue Obligations; and Whereas, the City and 799 Main, LLC entered into a Development Agreement dated July 17, 2023, including the issuance of Economic Development Grants and Urban Tax Increment Revenue Obligations, as amended (the Agreement) by Resolution No. 233-23; and Whereas, 799 Main, LLC’s application to the Workforce Housing Tax Credit Program, a copy of which is attached hereto and by this reference made a part hereof, will provide necessary tax credits and other benefits which will directly contribute to the success of the Project; and Whereas, the City supports said application to the Workforce Housing Tax Credit Pro- gram by 799 Main, LLC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, 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 799 Main, LLC for necessary tax credits and other benefits directly contributing to the success of the Project at 799 Main Street, Dubuque, Iowa 52001. Passed, approved and adopted this 20th day of May 2024. 5 Ric W. Jones, Mayor Pro Tem Attest: Adrienne N. Breitfelder, City Clerk 6. Resolution of Support for Workforce Housing Tax Credit Application by Farley & Loetscher, LLC: Upon motion the documents were received and filed, and Resolution No. 130-24 Supporting the submission of an Iowa Economic Development Authority (IEDA) application to the Workforce Housing Tax Credit Program by Farley & Loetscher, LLC was adopted. RESOLUTION NO. 130-24 SUPPORTING THE SUBMISSION OF AN IOWA ECONOMIC DEVELOPMENT AU- THORITY (IEDA) APPLICATION TO THE WORKFORCE HOUSING TAX CREDIT PROGRAM BY FARLEY & LOETSCHER, LLC Whereas, the City of Dubuque (City) and Farley & Loetscher, LLC entered into a De- velopment Agreement dated September 5, 2023, as amended, including the issuance of Economic Development Grants and Urban Tax Increment Revenue Obligations (the Agreement); and Whereas, Farley & Loetscher, LLC proposes to construct One Hundred Twenty -Six (126) multi-family residential units and invest Thirty-Six Million Three Hundred Thousand Dollars $36,300,000 in the construction of the units (the Project); and Whereas, the Project will support the City's efforts to create new housing opportunities for a growing workforce within the community; and Whereas, Farley & Loetscher, LLC has committed a significant amount of private fi- nancing to the Project; and Whereas, the Project is located in the Greater Downtown Urban Renewal Area which has been so designated by City Council 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 De- cember 18, 2023, City has the authority to enter into contracts and agreements to imple- ment the Urban Renewal Plan, as amended, including the issuance of Economic Devel- opment Grants and Urban Tax Increment Revenue Obligations; and Whereas, Farley & Loetscher, LLC’s application to the Workforce Housing Tax Credit Program, a copy of which is attached hereto and by this reference made a part hereof, will provide necessary tax credits and other benefits which will directly contribute to the success of the Project; and Whereas, the City supports said application to the Workforce Housing Tax Credit Pro- gram by Farley & Loetscher, LLC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, 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 Farley & Loetscher, LLC for necessary tax credits and other benefits directly contributing to the success of the Project at 801 Jackson Street, Dubuque, Iowa 52001. 6 Passed, approved and adopted this 20th day of May 2024. Ric W. Jones, Mayor Pro Tem Attest: Adrienne N. Breitfelder, City Clerk 7. Fiscal Year 2025 Detailed Budget for Grand River Center: Upon motion the docu- ments were received and filed. 8. Fourth Amendment to Management Agreement Between the City of Dubuque, Iowa and ASM Global: Upon motion the documents were received and filed, and Resolution No. 131-24 Approving the Fourth Amendment to the Management Agreement between the City of Dubuque, Iowa and ASM Global was adopted. RESOLUTION NO. 131 - 24 APPROVING THE FOURTH AMENDMENT TO THE MANAGEMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND ASM GLOBAL Whereas, the City of Dubuque (City) and SMG entered into a Management Agreement dated for reference purposes June 21, 2004; and Whereas, SMG merged into ASM Global; and Whereas, pursuant to the Third Amendment to the Agreement, the term of the Agree- ment was extended to June 30, 2024; and Whereas, the parties now desire to amend the Agreement as set forth in the attached Fourth Amendment extending the Term to June 30, 2025; and Whereas, the City Council of the City of Dubuque finds that the Fourth Amendment to the Agreement is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The Fourth Amendment to the Management Agreement attached hereto is hereby approved. Section 2. The City Manager is hereby authorized and directed to sign the Fourth Amendment on behalf of the City of Dubuque. Passed, approved and adopted this 20th day of May 2024. Ric W. Jones, Mayor Pro Tem Attest: Adrienne N. Breitfelder, City Clerk 9. Fully Executed Agreement - USDA Forest Service Urban & Community Forest Pro- gram Grant: Upon motion the documents were received and filed. 10. Final Plat of The Farm: Upon motion the documents were received and filed, and Resolution No. 132-24 Authorizing approval of the Final Plat of The Farm, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 132-24 AUTHORIZING APPROVAL OF THE FINAL PLAT OF THE FARM, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Final Plat of The Farm, in the City of Dubuque, Iowa; and 7 Whereas, upon said final plat appear public streets to be known Tiffany Court, Uphill Both Ways Road, Linger Longer Lane, and Holy Moly Place (all in Lot A), which the owner by said final plat has dedicated to the public forever; and Whereas, upon said final plat appear Lot B and Lot C, which the owner by said final plat has dedicated to the public forever as road right of way of West 32nd Street; and Whereas, upon said final plat appear certain public utility, emergency services access easement, and storm drainage easements, which the owner by said final plat has dedi- cated to the public forever; and Whereas, upon said final plat appears Outlot G (for Public Park), and certain water main, sanitary sewer, storm sewer, and temporary cul-de-sac easements, which the owner by said final plat has dedicated to the City of Dubuque forever; and Whereas, said final plat has been reviewed by the City Planner and his approval has been endorsed thereon, subject to the owner’s agreeing to the conditions specified herein; and Whereas, said final plat has been examined by the City Council and the City Council find the final plat conforms to the applicable statutes and ordinances, except that streets and public utilities have not yet been completely constructed or installed. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Tiffany Court, Uphill Both Ways Road, Linger Longer Lane, and Holy Moly Place (all in Lot A), Lot B and Lot C (West 32nd Street Right of Way), Outlot G (for Public Park), together with certain water main, sanitary sewer, storm sewer, and temporary cul-de-sac easements, as they appear on said final plat, to the City of Dubuque be and the same are hereby accepted; and Section 2. That the Final Plat of The Farm 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, provided the owners of said property herein named, execute their written acceptance of the attached conditions and further agree: (a) To reduce Tiffany Court (unimproved portion), Uphill Both Ways Road, Linger Longer Lane, and Holy Moly Place (all in Lot A), to grade and to construct longitudi- nal sub-drain, concrete curb and gutter with asphaltic concrete pavement or with Portland Cement concrete pavement with integral curb, and temporary cul-de-sacs, all in accordance with the City of Dubuque standard specifications in a manner ac- ceptable to the City Engineer, in conformance with construction improvement plans approved by the City Engineer, and inspected and approved by the City Engineer. The temporary cul-de-sacs to receive bituminous without curb and gutter, all in ac- cordance with the City’s standard specifications in a manner acceptable to the City Engineer, in conformance with construction improvement plans approved by the City Engineer and inspected and approved by the City Engineer. (b) To grade Public Park (Outlot G) in accordance with the City of Dubuque stand- ard specifications in a manner acceptable to the City Engineer and Leisure Services Manager, in conformance with construction improvement plans approved by the City Engineer, and inspected and approved by the City Engineer. (c) To install public sanitary sewer mains and private sewer service laterals into each individual lot, public water mains and private water service laterals into each individual lot, private storm water detention basins, private storm sewers, public 8 storm sewers and catch basins, public boulevard street lighting, public fiber optic conduit and vaults, and erosion control devices all in accordance with the City of Dubuque standard specifications in a manner acceptable to the City Engineer, and in accordance with construction improvement plans approved by the City Engineer, and inspected and approved by the City Engineer, and to coordinate with a private utility company for the installation of private fiber to each residential lot in the subdi- vision. (d) To construct accessible sidewalk ramps at each intersection and street cross- ings in accordance with City of Dubuque Standards and Specifications, all in a man- ner acceptable to the City Engineer, and in accordance with the construction im- provement plans approved by the City Engineer and inspected and approved by the City Engineer. (e) To construct accessible concrete sidewalk across all lots on the Final Plat designated to be dedicated to the City of Dubuque (Outlot G and Outlot E) in ac- cordance with the City’s standards and specifications, all in a manner acceptable to the City Engineer, and in accordance with the construction improvement plans ap- proved by the City Engineer. (f) To construct a right in right out access at the intersection of Uphill Both Ways Road and the Northwest Arterial and associated deceleration lane along the North- west Arterial in accordance with City of Dubuque Standards and Specifications, all in a manner acceptable to the City Engineer, and in accordance with the construc- tion improvement plans approved by the City Engineer and inspected and approved by the City Engineer. (g) To regrade the existing southern embankment and reconstruct the existing bike/hike trail along the Northwest Arterial roadway in accordance with City of Dubu- que Standards and Specifications, all in a manner acceptable to the City Engineer, and in accordance with the construction improvement plans approved by the City Engineer and inspected and approved by the City Engineer. (h) To construct the improvements outlined above within three years from the date of acceptance of this resolution, at the sole expense of the owners, or future owner. (i) To maintain the improvements outlined above for a period of two (2) years from the date of the acceptance of those improvements by the City Council of the City of Dubuque, Iowa, at the sole final expense of the owners, or future owner. (j) That access to the Northwest Arterial is prohibited from all lots within The Farm except for the right-in/right-out only intersection at the Northwest Arterial and Uphill Both Ways Road. (k) To provide security for the performance of the foregoing conditions specified in this resolution in the amount of 110% of the estimated Qualified Costs of the public improvements outlined above, in such form and with such sureties as may be acceptable to the City Manager of the City of Dubuque, Iowa, and to provide con- struction inspection fees in the amount of 3% of the estimated Qualified Costs of the public improvements. Section 3. That sidewalk installation shall be the responsibility of each lot owner for each lot abutting the public rights-of-way, including lots with multiple frontages, as re- quired by City Code Chapter 10-1-2 (Sidewalk Installation and Repair). Per City Code 9 Chapter 16-11-16 (Sidewalks), sidewalk installation shall be required when the develop- ment of a lot has been completed. Per City Code Chapter 16-11-16 (Sidewalks), all vacant lots shall have sidewalks installed upon development of eighty percent (80%) of the lots shown on the approved final plat. Section 4. That the owner must construct and maintain erosion control devices in The Farm which control erosion and prevent sediment from leaving the site. The owner shall be responsible for maintenance of the all storm water detention facilities and appurte- nances located on Outlots B, D, and K of The Farm in perpetuity. Section 5. That the owner must maintain the temporary cul-de-sacs on Tiffany Court and Uphill Both Ways Road, except for snow removal and deicing, until such time as the development of the adjacent property begins or owner designs and constructs permanent cul-de-sac improvements to current City Standards and dedicates said improvements and an appropriate right of way to the City. Section 6. That the owner must construct and maintain an emergency services access roadway across Outlot D, in conformance with construction improvement plans approved by the City Engineer and inspected and approved by the City Engineer. Section 7. That the owner must acquire a temporary public cul-de-sac easement for the benefit of the City of Dubuque, in a form acceptable to the City of Dubuque, from the adjacent property owner at the east end of Uphill Both Ways Road in accordance with the construction improvement plans approved by the City Engineer Section 8. That the planting of street trees shall be coordinated with the City’s Urban Forester. Any tree(s) planted within the street right-of-way must be approved by the Urban Forester. The location and species of tree(s) will be approved by the Urban Forester and planted and cared for through establishment by the developer at the developer’s expens e. Section 9. That the final acceptance of the public improvements shall only occur upon certification of the City Engineer to the City Council that the public improvements have been completed in accordance with the approved improvement plans and City standards and specifications and accepted by City Council Resolution. Section 10. That within 60 days of execution of acceptance of this Resolution Switch Homes, LLC will convey to the City of Dubuque all rights of access to the Northwest Ar- terial at Highway Station 73+00, method of conveyance to be as mutually agreed upon by Switch Homes, LLC and City. That within 60 days of execution of acceptance of this Resolution, the City of Dubuque will convey and grant new rights of access to the North- west Arterial at the intersection of the Northwest Arterial and Uphill Both Ways Roa d, method of conveyance to be as mutually agreed upon by Switch Homes, LLC and City. Section 11. That in the event Switch Homes, LLC fails to execute the acceptance and furnish the guarantees provided hereof within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. Passed, approved and adopted this 20th day of May 2024. Ric W. Jones, Mayor Pro Tem Attest: Adrienne N. Breitfelder, City Clerk ACCEPTANCE OF RESOLUTION NO. 132-24 I, the undersigned, Matthew T. Mulligan, representing Switch Homes, LLC, having read the terms and conditions of the Resolution No. - 24 and being familiar with the conditions 10 thereof hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this day of 2024. Matthew T. Mulligan, Switch Homes, LLC 11. Maus Park Lake Pump Station Culvert Repair Project Acceptance of Public Im- provements and Contract - Project Number: 558650003: Upon motion the documents were received and filed, and Resolution No. 133-24 Accepting the Maus Park Lake Pump Station Culvert Repair Project and authorizing final payment to the contractor was adopted. RESOLUTION NO. 133-24 ACCEPTING THE MAUS PARK LAKE PUMP STATION CULVERT REPAIR PROJECT AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Maus Park Lake Pump Station Cul- vert Repair Project (the Project) has been completed by Tschiggfrie Excavating (the Con- tractor), and the City Engineer has examined the work and that the Project be accepted; and Whereas, the final contract amount for the Project is $527,942.00; and Whereas, the Contractor has previously been paid $501,544.90, leaving a balance of $26,397.10; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Chief Financial Officer is hereby directed to pay to the Contractor the balance of the retainage of $26,397.10 as provided in Iowa Chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code Chapter 573 or Iowa Code Chapter 26.13. Passed, approved and adopted this 20th day of May 2024. Ric W. Jones, Mayor Pro Tem Attest: Adrienne Breitfelder, City Clerk 12. Upper Bee Branch Creek Restoration Railroad Sanitary Interceptor Crossing Pro- ject (part of Phase IV of the Bee Branch Watershed Flood Mitigation Project) - Project #5581500003: Acceptance of Public Improvements and Contract: Upon motion the doc- uments were received and filed, and Resolution No. 134-24 Accepting the Upper Bee Branch Creek Restoration Railroad Sanitary Interceptor Crossing Project and authorizing final payment to the contractor was adopted. RESOLUTION NO. 134-24 ACCEPTING THE UPPER BEE BRANCH CREEK RESTORATION RAILROAD SANI- TARY INTERCEPTOR CROSSING PROJECT AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Upper Bee Branch Creek 11 Restoration Railroad Sanitary Interceptor Crossing Project (the Project) has been com- pleted by Engineering & Construction Innovations, Inc (the Contractor), and the City En- gineer has examined the work and that the Project be accepted; and Whereas, the final contract amount for the Project is $3,289,254.55; and Whereas, the Contractor has previously been paid $3,124,791.82, leaving a balance of $164,462.73; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Chief Financial Officer is hereby directed to pay to the Contractor the balance of the retainage of $164,462.73 as provided in Iowa Chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code Chapter 573 or Iowa Code Chapter 26.13. Passed, approved and adopted this 20th day of May 2024. Ric W. Jones, Mayor Pro Tem Attest: Adrienne Breitfelder, City Clerk 13. Award Recording Memo 2024 ADA Sidewalk Curb Ramp Project One : Upon mo- tion the documents were received and filed, and Resolution No. 135-24 Awarding Public Improvement Contract for the 2024 ADA Sidewalk Curb Ramp Project One was adopted. RESOLUTION NO. 135-24 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE 2024 ADA SIDEWALK CURB RAMP PROJECT ONE Whereas, sealed proposals have been submitted by contractors for the 2024 ADA Sidewalk Curb Ramp Project One, (the Project) and Notice to Bidders published on the City of Dubuque, Iowa website and plan room service with statewide circulation on the 23rd day of April 2024; and Whereas, said sealed proposals were opened and read on the 3rd day of May 2024 and it has been determined that Midwest Concrete, Inc. of Dubuque, IA submitted the low bid in the amount of $98,703.00, and is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, 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 20th day of May 2024. Ric W. Jones, Mayor Pro Tem Attest: Adrienne N. Breitfelder, City Clerk 14. Award Recording Memo 2024 ADA Sidewalk Curb Ramp Project Two: Upon mo- tion the documents were received and filed, and Resolution No. 136-24 Awarding Public 12 Improvement Contract for the 2024 ADA Sidewalk Curb Ramp Project Two was adopted. RESOLUTION NO. 136-24 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE 2024 ADA SIDEWALK CURB RAMP PROJECT TWO Whereas, sealed proposals have been submitted by contractors for the 2024 ADA Sidewalk Curb Ramp Project Two, (the Project) and Notice to Bidders published on the City of Dubuque, Iowa website and plan room service with statewide circulation on the 23rd day of April 2024; and Whereas, said sealed proposals were opened and read on the 3rd day of May 2024 and it has been determined that Midwest Concrete, Inc. of Dubuque, IA submitted the low bid in the amount of $154,422.00, and is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, 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 20th day of May 2024. Ric W. Jones, Mayor Pro Tem Attest: Adrienne N. Breitfelder, City Clerk 15. Award Recording Memo Catherine Street Storm Sewer Project: Upon motion the documents were received and filed, and Resolution No. 137-24 Awarding Public Improve- ment Contract for the Catherine Street Storm Sewer Project was adopted. RESOLUTION NO. 137-24 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE CATHERINE STREET STORM SEWER PROJECT Whereas, sealed informal bid proposals have been submitted by contractors for the Catherine Street Storm Sewer Project, (the Project) and Notice to Bidders published on the City of Dubuque, Iowa website on the 23rd day of April 2024; and Whereas, said sealed informal bid proposals were opened and read on the 9th day of May 2024, and it has been determined that Temperley Excavating Co. of East Dubuque, IL submitted the low bid in the amount of $64,090.93, and is the lowest responsive, re- sponsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That a Public Improvement Construction Contract for the Project is hereby awarded to Temperley Excavating Co. and the City Manager is hereby directed to execute said Contract on behalf of the City of Dubuque for the Project. Passed, adopted, and approved this 20th day of May 2024. Ric W. Jones, Mayor Pro Tem Attest: Adrienne N. Breitfelder, City Clerk 16. Schmitt Island Amphitheater Consultant Service Agreement Amendment - Project 13 Number: 3049900010: Upon motion the documents were received and filed, and Resolu- tion No. 138-24 Approving Consultant Professional Services – Agreement Amendment No. 1 between the City of Dubuque and RDG Planning and Design for the Destination Iowa Schmitt Island Amphitheater Project was adopted. RESOLUTION NO. 138-24 APPROVING CONSULTANT PROFESSIONAL SERVICES – AGREEMENT AMEND- MENT NO. 1 BETWEEN THE CITY OF DUBUQUE AND RDG PLANNING AND DE- SIGN FOR THE DESTINATION IOWA SCHMITT ISLAND AMPHITHEATER PROJECT Whereas, the City Council approved the selection of RDG Planning & Design for the service related to the Destination Iowa Schmitt Island Amphitheater project; and Whereas, the initial scoping phase of the project is completed and the design is ready to be advanced, an Amendment to the original Agreement is necessary to increase the reimbursement amount by an additional $1,133,245; and Whereas, Agreement Amendment No. 1 approves additional services to the original contract agreement scope of services for RDG for the Destination Iowa Schmitt Island Amphitheater Project; and Whereas, the City Council finds that it is in the best interest of the City of Dubuque to approve the Agreement Amendment No. 1 attached hereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Section 1. That Professional Design Services - Agreement Amendment No. 1 with RDG Planning and Design for the Destination Iowa Schmitt Island Amphitheater P roject is hereby approved. Section 2. The Mayor is authorized and directed to execute the Professional Design Services – Agreement Amendment No.1 with RDG Planning and Design. Passed, approved and adopted this 20th day of May 2024. Ric W. Jones, Mayor Pro Tem Attest: Adrienne N. Breitfelder, City Clerk 17. Irrevocable License – 902 Main St.: Upon motion the documents were received, filed, and approved. 18. US Highway 20 / Swiss Valley Road Interchange Project City Water Main Reloca- tion and Storm Sewer Improvements Recommend Approval of Iowa DOT Preconstruction Funding Agreement - Iowa DOT Agreement No. 2020-6-036 Iowa DOT Project No. NHSX-020-9 (183)--3H-3: Upon motion the documents were received and filed, and Res- olution No. 139-24 Approving the Preconstruction Funding Agreement (Agreement No. 2020-6-036) between the City of Dubuque and Iowa Department of Transportation for City Water Main Relocation and Storm Sewer Improvements associated with the com- pleted US Highway 20 / Swiss Valley Road Interchange Project was adopted. RESOLUTION NO. 139-24 APPROVING THE PRECONSTRUCTION FUNDING AGREEMENT (AGREEMENT NO. 2020-6-036) BETWEEN THE CITY OF DUBUQUE AND IOWA DEPARTMENT OF TRANSPORTATION FOR CITY WATER MAIN RELOCATION AND STORM SEWER 14 IMPROVEMENTS ASSOCIATED WITH THE COMPLETED US HIGHWAY 20 / SWISS VALLEY ROAD INTERCHANGE PROJECT Whereas, the US Highway 20 Swiss Valley Interchange Project (Project) recently com- pleted by the Iowa Department of Transportation (Iowa DOT) impacted City water main and also resulted in the construction of Airborne Road and the extension of Chesterfield Drive; and Whereas, the Iowa DOT was responsible for the design, bid letting, contract admin- istration, and construction inspection of the Project and associated improvements; and Whereas, in accordance with the provisions of Iowa Administrative Code, the City is responsible for all costs associated with the relocation, modification or adjustment of the City’s public utilities that are impacted by the Project; and Whereas, in accordance with the provisions of Iowa Administrative Code, the City will reimburse the Iowa DOT for its share of the actual Project cost incurred; and Whereas, as a result of the Project, the City collaborated with the Iowa DOT to reroute impacted water main and construct new water main along Cottingham Road and North Cascade Road at a final cost of $752,674.72; and Whereas, as a result of the Project and the extension of Chesterfield Drive to serve the Barrington Lakes Subdivision, the urban street design required the installation of storm sewers to convey storm water drainage at a final cost of $90,914.50. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque and the Iowa Department of Transportation hereby agree to partner on the US Highway 20 Swiss Valley Interchange Project, Iowa DOT Project No. NHSX-020-9 (183)--3H-31. Section 2. In accordance with the provisions of Iowa Administrative Code, the City is responsible for all costs associated with the relocation, modification or adjustment of the City’s public utilities that are impacted by the Project. Section 3. City hereby agrees to reimburse the Iowa DOT for all costs associated with the relocation, modification or adjustment of the City’s public utilities that are impacted by the Project. Section 4. The Mayor is hereby authorized to execute the Preconstruction Funding Agreement (Agreement No. 2020-6-036), between the City of Dubuque and the Iowa De- partment of Transportation for the US Highway 20 Swiss Valley Interchange Project. Passed, adopted, and approved this 20th day of May 2024. Ric W. Jones, Mayor Pro Tem Attest: Adrienne N. Breitfelder, City Clerk 19. FY 2025 Community Development Block Grant Annual Action Plan : Upon motion the documents were received and filed, and Resolution No. 140 -24 Adopting the Fiscal Year 2025 (Program Year 2024) Community Development Block Grant (CDBG) Annual Action Plan for Approval was adopted. RESOLUTION NO. 140-24 ADOPTING THE FISCAL YEAR 2025 (PROGRAM YEAR 2024) COMMUNITY DEVEL- OPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN FOR APPROVAL Whereas, the City of Dubuque, through a series of public meetings and hearings, 15 proposed a Fiscal Year 2025 (Program Year 2024) Community Development Block Grant Annual Action Plan be approved addressing housing and non-housing needs in the com- munity; and Whereas, the Community Development Advisory Commission held a public hearing on January 17, 2024, April 11th 2024, and a public meeting on May 15, 2024 to receive community input on the Fiscal Year 2025 (Program Year 2024) Community Development Block Grant Annual Action Plan; and Whereas, the Community Development Advisory Commission unanimously recom- mended the City Council approve Fiscal Year 2025 (Program Year 2024) Community Development Block Grant Annual Action Plan on January 17, 2024 and May 15 , 2024. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Community Development Block Grant Fiscal Year 2025 (Program Year 2024) Annual Action Plan, attached hereto and by this reference made a part hereof, is hereby adopted. Section 2. The City Manager or his designee of the City of Dubuque is hereby author- ized to direct staff to prepare and submit to the United States Department of Housing and Urban Development the Fiscal Year 2025 (Program Year 2024) Annual Action Plan with all related documents, for the use of Community Development Block Grant funds based on this adopted budget and execute standard contracts and agreements. Passed, approved, and adopted this 20th day of May 2024. Ric W. Jones, Mayor Pro Tem Attest: Adrienne Breitfelder, City Clerk 20. 3000 Jackson, Dubuque Brewing and Malting Building Update : Upon motion the documents were received and filed. 21. Contract for Citizenserve Software: Upon motion the documents were received, filed, and approved. 22. Improvement Contracts / Performance, Payment and Maintenance Bonds: Dubu- que Barge and Fleeting Service Company for the 2024 Maintenance Dredging Project #1. Upon motion the documents were received, filed, and approved. 23. Signed Contract(s): Lease Agreement with the Dubuque Water Sports Club; Re- lease and Consent Form with the Jeffris Family Foundation Ltd. for funding a consultant to prepare a Historic Structure Report for masonry buildings within Eagle Point Park. Upon motion the documents were received and filed. 24. Water Resource & Recovery Center Signed Contracts for Excess Flow Tank Waste Removal and Hauling: Upon motion the documents were received and filed. 25. Fiscal Year 2025 Dollars & Cents Brochure: Upon motion the documents were received and filed. 26. Annual Budget Process Handout: Upon motion the documents were received and 16 filed. 27. Approved Annual Development by Total Square Footage Handout : Upon motion the documents were received and filed. 28. Annual Building Permits Handout: Upon motion the documents were received and filed. 29. Approval of Retail Alcohol Licenses: Upon motion the documents were received and filed, and Resolution No. 141-24 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. 141-24 APPROVING APPLICATIONS FOR RETAIL ALCOHOL LICENSES, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQUOR, BEER AND WINE LICENSES 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 the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Clerk is hereby 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 Dubuque Discount Gas LLC 10 Main St. Renewals Buffalo Wild Wings 2805 NW Arterial 1 Days Inn & Spirits Bar & Grill 1111 Dodge St. Frannies Bbq LLC 1850 Central Ave. Hilton Garden Inn & Q Casino & Houlihan's 1801 & 1855 Greyhound Park Dr. Mason Dixon Saloon 163 Main St. Shot Tower Inn 390 Locust St. Special Event(s) per Special Event Application Submittal Jubek New World Brewing - Adding outdoor ser- vice for 5-4-24, 5-11-24, 5-18-24, 5-25-24 115 West 11th St. Passed, approved, and adopted this 20th day of May 2024. Ric W. Jones, Mayor Pro Tem Attest: Adrienne N. Breitfelder, City Clerk 17 ITEMS SET FOR PUBLIC HEARING Motion by Roussell to receive and file the documents, adopt the resolutions, and set the public hearings as indicated. Seconded by Wethal. Motion carried 6 -0. 1. First Amendment to Grant Agreement with Forward Investments Group LLC for the Rehabilitation of 1047 Bluff Street: Upon motion the documents were received and filed and Resolution No. 142-24 Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on a First Amendment to Grant Agreement by and between the City of Dubuque, Iowa and Forward Investments Group LLC, including the proposed is- suance of urban renewal tax increment revenue obligations relating thereto, and providing for the publication of notice was adopted setting a public hearing for a meeting to com- mence at 6:30 p.m. on June 3, 2024 in the Historic Federal Building. RESOLUTION NO. 142-24 FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON A FIRST AMENDMENT TO GRANT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND FORWARD INVESTMENTS GROUP LLC, INCLUDING THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX INCRE- MENT REVENUE OBLIGATIONS RELATING THERETO, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, City of Dubuque, Iowa (City) and Forward Investments Group LLC entered into a Grant Agreement, dated the 21st day of August 2023, providing for a Façade Grant, a Planning & Design Grant, a Financial Consultant Grant, and a Housing Creation Grant; and Whereas, City and Forward Investments Group LLC now desire to amend the Grant Agreement as set forth in the attached First Amendment; and Whereas, the City Council has tentatively determined that it would be in the best inter- ests of the City to approve the First Amendment to Grant Agreement with Forward Invest- ments Group LLC, including the issuance of Urban Renewal Tax Increment Revenue Obligations; 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 First Amendment to Grant Agreement; and Whereas, before said obligations may be approved, Iowa Code Chapter 403 requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meeting the City Council shall receive oral and/or written objections from any resident or property owner of said City to such proposed action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 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 authorize Urban Renewal Tax Increment Revenue obligations, to be held on the 3rd day of June 2024, at 6:30 p.m. The official agenda will be posted on Friday, May 31, 18 2024, and will contain listening, viewing, and public input options. The City Council agenda may be accessed at https://cityofdubuque.novusagenda.com/AgendaPublic/ or by contacting the City Clerk’s Office at 563-589-4100, ctyclerk@cityofdubuque.org. Section 2. The City Council will meet at said time and place for the purpose of taking action on the matter of authorizing Urban Renewal Tax Increment Revenue obligations and the execution of the First Amendment to Grant Agreement relating thereto with For- ward Investments Group LLC , the proceeds of which obligations will be used to carry out certain of the special financing activities described in the Urban Renewal Plan for the Greater Downtown Urban Renewal District, consisting of the funding of economic devel- opments grants to Forward Investments Group LLC pursuant to the Grant Agreement. It is expected that the aggregate amount of the Tax Increment Revenue obligations to be issued will be approximately $34,034. Section 3. The Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a newspaper, printed wholly in the English language, pub- lished at least once weekly, and having general circulation in said City, said publication to be not less than four days nor more than twenty days before the date of said meeting on the 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 20th day of May 2024 . Ric W. Jones, Mayor Pro Tem Attest: Adrienne N. Breitfelder, City Clerk 2. Resolution Setting a Public Hearing on a Proposed Subordination Agreement for DRLP Loan #2-23 - 1199 Central Avenue: Upon motion the documents were received and filed and Resolution No. 143-24 Setting a public hearing for a Subordination Agree- ment by and among Virtual Velocity, LLC, Dubuque Initiatives, Michael and Denise Er- schen, and the City of Dubuque, Iowa for interest in property located at 1199 Central Avenue was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 3, 2024 in the Historic Federal Building. RESOLUTION NO. 143-24 SETTING A PUBLIC HEARING FOR A SUBORDINATION AGREEMENT BY AND AMONG VIRTUAL VELOCITY, LLC, DUBUQUE INITIATIVES, MICHAEL AND DENISE ERSCHEN, AND THE CITY OF DUBUQUE, IOWA FOR INTEREST IN PROPERTY LO- CATED AT 1199 CENTRAL AVENUE Whereas, the City of Dubuque, Iowa, (City) and Virtual Velocity, LLC have entered into a Grant Agreement (the Agreement) for the rehabilitation of 1199 Central Avenue (the Project) legally described as follows: NLY 87' 1.2" OF N 3/5 OF CITY LOT 447; locally known as 1199 Central Avenue (the Property); and Whereas, the Agreement includes the award of a $300,000 Downtown Rehabilitation Loan (the Loan) for the purpose of stimulating reinvestment in the Greater Downtown Urban Renewal District; and Whereas, the Project meets the requirements of the Loan; and Whereas, as security for the Loan, Virtual Velocity, LLC previously granted to City a 19 mortgage on the Property (the City Mortgage); and Whereas, the Dubuque Initiatives financing of the Project includes a mortgage (the DI Mortgage) and requires that the City Mortgage be subordinate to the DI Mortgage pursu- ant to a Subordination Agreement; and Whereas, the City Council has tentatively determined that approval of the Subordina- tion Agreement is in the public interest of the City of Dubuque; and Whereas, before said Subordination Agreement may be approved, Iowa Code 364.7 requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meet- ing the City Council shall receive oral and/or written objections from any resident or prop- erty owner of said City to such proposed action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to subordinate a mortgage securing interest in real estate, to be held on the 3rd day of June 2024, at 6:30 p.m. The official agenda will be posted on Friday, May 31, 2024, and will contain listening, viewing, and public input options. The City Council agenda can be accessed at https://cityofdubuque.novusagenda.com/AgendaPublic/ or b y 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 subordinating a mortgage securing interest in real estate. Section 3. The Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a newspaper, printed wholly in the English language, pub- lished at least once weekly, and having general circulation in said City, said publication to be not less than four days nor more than twenty days before the date of said meeting on the subordination of a mortgage securing interest in real estate. Section 4. That the notice of the proposed action to subordinate shall be in substantially the form attached hereto. Passed, approved and adopted this 20th day of May 2024. Ric W. Jones, Mayor Pro Tem Attest: Adrienne N. Breitfelder, City Clerk 3. Resolution of Necessity for the Proposed Amended and Restated Urban Renewal Plan for the South Pointe Housing Urban Renewal Area: Upon motion the documents were received and filed and Resolution No. 144-24 A resolution of necessity finding that certain areas to be included within the South Pointe Housing Urban Renewal Area meet the definition of an Economic Development Area under the Urban Renewal Law, and that development of said areas are necessary in the interest of the residents of the City of Dubuque, Iowa, and setting dates of hearing and consultation on a proposed Amended and Restated Urban Renewal Plan for said area was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 17, 2024 in the Historic Federal Building. RESOLUTION NO. 144-24 RESOLUTION OF NECESSITY FINDING THAT CERTAIN AREAS TO BE INCLUDED WITHIN THE SOUTH POINTE HOUSING URBAN RENEWAL AREA MEET THE 20 DEFINITION OF AN ECONOMIC DEVELOPMENT AREA UNDER THE URBAN RE- NEWAL LAW, AND THAT DEVELOPMENT OF SAID AREAS ARE NECESSARY IN THE INTEREST OF THE RESIDENTS OF THE CITY OF DUBUQUE, IOWA, AND SET- TING DATES OF HEARING AND CONSULTATION ON A PROPOSED AMENDED AND RESTATED URBAN RENEWAL PLAN FOR SAID AREA Whereas, the City Council of the City of Dubuque has heretofore approved the Urban Renewal Plan for the South Pointe Housing Urban Renewal Area (the “Area”) in order to provide redevelopment opportunities which will further the purposes and objectives of the foregoing Urban Renewal Plan; and Whereas, City staff has recommended that the Plan be amended to extend the division of revenue for three years in accordance with revisions to Chapter 403 of the Iowa Code, and that the proposed Amended and Restated Urban Renewal Plan (“Plan”) be updated to include additional urban renewal project descriptions and make any other necessary revisions; and Whereas, Chapter 403 of the Iowa Code requires that before urban renewal authority may be exercised, a City Council must adopt a resolution of necessity finding that the area in question is a slum, blighted or economic development area, and that so designat- ing such area is necessary in the interest of the public health, safety or welfare of the residents of the municipality. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager is authorized and directed to prepare an Amended and Restated Urban Renewal Plan for the South Pointe Housing Urban Renewal Area to accomplish the foregoing purposes and objectives, and to include in such Plan any ap- propriate project activities and details, to determine an appropriate date for and conduct the consultation process required by law with affected taxing entities concerning the pro- posed Plan. Section 2. That the City Council hold a public hearing on the adoption of the proposed Amended and Restated Urban Renewal Plan for the South Pointe Housing Urban Re- newal Area on June 17, 2024, at 6:30 p.m. in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa 52001. The notice of said hearing shall generally identify the areas covered by the Plan and the general scope of the urban renewal activities planned for such areas, and said notice shall be published and available to the public not les s than four days nor more than twenty days before the date of said meeting. A copy of the notice of public hearing shall be sent by ordinary mail to the affected taxing entities. Section 3. That the City Clerk is further directed to send by ordinary mail a copy of said Plan, the notice of public hearing, a notice of consultation, and, to the extent the Plan includes the use of tax increment revenues for a public building, an analysis of alter native development and funding options for such public buildings, to the Dubuque Community School District and the Dubuque County Board of Supervisors, as the affected taxing entities. Passed, approved and adopted this 20th day of May 2024. Ric W. Jones, Mayor Pro Tem Attest: Adrienne N. Breitfelder, City Clerk BOARDS/COMMISSIONS 21 Appointments were made to the following boards/commissions. 1. Zoning Board of Adjustment: One, 5-Year term through March 25, 2029 (Expired term of Kosel). Applicant: Gwen Kosel, 1130 Arrowhead Dr. Motion by Farber to appoint Ms. Kosel to the five-year term through March 25, 2029. Seconded by Sprank. Motion carried 6-0. PUBLIC HEARINGS 1. Rezoning Request: 1100 Lincoln Avenue: Motion by Roussell to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Wethal. Planning Services Director Wally Wernimont pro- vided a staff report. Motion carried 6-0. Motion by Roussell for final consideration and passage of Ordinance No. 15 -24 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 1100 Lincoln Avenue from R-2A Alternate Two-Family Residential District and C-1 Neighborhood Shopping Center District To R-3 Moderate Density Multi-Family Residential District. Seconded by Wethal. Motion carried 6-0. ORDINANCE NO. 15-24 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1100 LINCOLN AVENUE FROM R-2A ALTERNATE TWO- FAMILY RESIDENTIAL DISTRICT AND C-1 NEIGHBORHOOD SHOPPING CENTER DISTRICT TO R-3 MODERATE DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT 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-2A Alternate Two-Family Residential District and C-1 Neighborhood Shopping Center District to R-3 Moderate Density Multi-Family Residential District, to wit: Lot 1 of Rettenmaier Place and to the centerline of the adjoining public right-of-way, in the City of Dubuque, Iowa as shown on Exhibit A. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved and adopted this 20th day of May, 2024 . Ric W. Jones, Mayor Pro Tem Attest: Adrienne N. Breitfelder, City Clerk 2. Rezoning Request: 5501 Old Highway Road: Motion by Roussell to receive and file the documents and that the requirement that a proposed ordinance be considered and 22 voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Sprank. Planning Services Director Wally Werni- mont provided a staff report. Motion carried 6-0. Motion by Roussell for final consideration and passage of Ordinance No. 16 -24 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property from Planned Unit Development with PR-Planned Residential Designation to C 3 General Commercial District. Seconded by Sprank. Motion carried 6-0. ORDINANCE NO. 16-24 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY FROM PLANNED UNIT DEVELOPMENT WITH PR-PLANNED RESIDEN- TIAL DESIGNATION TO C-3 GENERAL COMMERCIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Develop- ment Code, is hereby amended by reclassifying the hereinafter–described property from Planned Unit Development with PR-Planned Residential designation to C-3 General Commercial District, to wit: Lot 1 of the Subdivision of Lot 2 of the East ½ of the NW ¼ of Section 32; Lot 2 of Lot 2 of the East ½ of the NW ¼ of Section 32; Lot 2 of the Subdivision of Lot 2 of the Subdivision of Lot 1 of the Subdivision of the NW ¼ of the NW ¼ of Section 32; and Lot 2 of the Subdivision of Lot 1 of the Subdivision of the SW ¼ of the SW ¼ of Section 29, all in the City of Dubuque, Iowa and to the centerline of the adjoining public right-of-way. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved and adopted this 20th day of May, 2024 . Ric W. Jones, Mayor Pro Tem Attest: Adrienne N. Breitfelder, City Clerk 3. Approving a Development Agreement by and between the City of Dubuque, Iowa and Wilson House Apts., LLC Providing for the Issuance of Urban Renewal Tax Increment Revenue Grant Obligations Pursuant to the Development Agreement: Motion by Farber to receive and file the documents and adopt Resolution No. 145 -24 Approving a Devel- opment Agreement by and between the City of Dubuque, Iowa, and Wilson House Apts ., LLC including the issuance of urban tax increment revenue obligations. Seconded by Wethal. Motion carried 6-0. RESOLUTION NO. 145-24 APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA, AND WILSON HOUSE APTS, LLC INCLUDING THE ISSUANCE OF URBAN TAX INCREMENT REVENUE OBLIGATIONS 23 Whereas, Wilson House Apts., LLC is the owner of the property legally described as follows: 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, the City Council, by Resolution No. 115-24, dated May 6, 2024, declared its intent to enter into a Development Agreement by and between the City of Dubuque, Iowa, and Wilson House Apts., LLC, including the issuance of Urban Renewal Tax Increment Revenue Obligations; and Whereas, pursuant to published notice, a public hearing was held on the proposed Development Agreement on May 20, 2024, at 6:30 p.m.; and Whereas, it is the determination of the City Council that approval of the Development Agreement for redevelopment of the Property by Wilson House Apts ., LLC, according to the terms and conditions set out in the 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 Wilson House Apts., LLC, a copy of which is attached hereto, including the issuance of Urban Renewal Tax Increment Revenue Obligations, is hereby approved. Section 2. That the Mayor is hereby 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 20th day of May, 2024. Ric W. Jones, Mayor Pro Tem Attest: Adrienne N. Breitfelder, City Clerk 4. Public Hearing - 2024 Pavement Marking Project (Project Code 5521000013): This item was removed from the meeting. 5. Public Hearing - Tamarack Sanitary Sewer Extension Project (Project ID: 5581500001): Motion by Wethal to receive and file the documents and adopt Resolution No. 147-24 Approval of plans, specifications, form of contract, and estimated cost for the Tamarack Sanitary Sewer Extension Project. Seconded by Sprank. Motion carried 6 -0. RESOLUTION NO. 147-24 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI- MATED COST FOR THE TAMARACK SANITARY SEWER EXTENSION PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached plans, specifications, form of contract and estimate of total cost for the Tamarack Sanitary Sewer Extension Project in the estimated amount $827,972.00, are hereby approved. Passed, approved, and adopted this 20th day of May 2024. 24 Ric W. Jones, Mayor Pro Tem Attest: Adrienne Breitfelder, City Clerk 6. Public Hearing - Twin Ridge Sanitary Sewer Extension and Lagoon Abandonment Project (Project ID: 5581500024): Motion by Sprank to receive and file the documents and adopt Resolution No. 148-24 Approval of plans, specifications, form of contract, and estimated cost for the Twin Ridge Sanitary Sewer Extension and Lagoon Abandonment Project. Seconded by Wethal. Motion carried 7-0. RESOLUTION NO. 148-24 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI- MATED COST FOR THE TWIN RIDGE SANITARY SEWER EXTENSION AND LA- GOON ABANDONMENT PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached plans, specifications, form of contract and estimate of total cost for the Twin Ridge Sanitary Sewer Extension and Lagoon Abandonment Project in the esti- mated amount $955,932.00, are hereby approved. Passed, approved, and adopted this 20th day of May 2024. Ric W. Jones, Mayor Pro Tem Attest: Adrienne Breitfelder, City Clerk 7. Public Hearing - Granger Creek Lift Station Improvements (Project ID: 5581500009): Motion by Wethal to receive and file the documents and adopt Resolution No. 149 -24 Approval of plans, specifications, form of contract, and estimated cost for the Granger Creek Lift Station Improvement Project. Seconded by Farber. Motion carried 6 -0. RESOLUTION NO. 149-24 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI- MATED COST FOR THE GRANGER CREEK LIFT STATION IMPROVEMENTS PRO- JECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached plans, specifications, form of contract and estimate of total cost for the Granger Creek Lift Station Improvements Project in the estimated amount $1,190,000.00, are hereby approved. Passed, approved, and adopted this 20th day of May 2024. Ric W. Jones, Mayor Pro Tem Attest: Adrienne Breitfelder, City Clerk 8. Public Hearing - North Grandview Avenue Pavement Rehabilitation Project: Motion by Roussell to receive and file the documents and adopt Resolution No. 150-24 Approval of plans, specifications, form of contract, and estimated cost for the North Grandview Avenue Pavement Rehabilitation Project. Seconded by Wethal. Motion carried 6-0. RESOLUTION NO. 150-24 25 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI- MATED COST FOR THE NORTH GRANDVIEW AVENUE PAVEMENT REHABILITA- TION PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached plans, specifications, form of contract and estimate of total cost for the North Grandview Avenue Pavement Rehabilitation Project in the estimated amount $460,828.00, are hereby approved. Passed, approved, and adopted this 20th day of May 2024. Ric W. Jones, Mayor Pro Tem Attest: Adrienne Breitfelder, City Clerk 9. Public Hearing Eagle Valley, Westbrook, and English Ridge Subdivision Parks De- velopment Project: Motion by Farber to receive and file the documents and adopt Reso- lution No. 151-24 Approval of plans, specifications, and estimated cost for the Eagle Val- ley, Westbrook, and English Ridge Subdivision Parks Development Project. Seconded by Sprank. The City Council shared receipt of input by residents of the Eagle Valley area who did not support the proposed project but did not elaborate on their concerns. Motion carried 6-0. RESOLUTION NO. 151-24 APRROVAL OF PLANS, SPECIFICATIONS, AND ESTIMATED COST FOR THE EA- GLE VALLEY, WESTBROOK, AND ENGLISH RIDGE SUBDIVISION PARKS DEVEL- OPMENT PROJECT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. That the proposed, plans, specifications and estimated cost for the Eagle Valley, Westbrook, and English Ridge Subdivision Parks Development Project in the es- timated cost amount of $667,330.00 are hereby approved. Passed, approved, and adopted this 20th day of May 2024. Ric W. Jones, Mayor Pro Tem Attest: Adrienne N. Breitfelder, City Clerk 10. Public Hearing for Sale of City-Owned Property at 2601 Jackson: Motion by Wethal to receive and file the documents and adopt Resolution No. 152 -24 Disposing of City interest in real property at 2601 Jackson, in the City of Dubuque, Iowa. Seconded by Sprank. City Clerk Breitfelder stated that Catherine Sorenson, 2613 Jackson St., provided comments during the public input portion of the May 6, 2024, City Council meeting. Motion carried 6-0. RESOLUTION NO. 152-24 DISPOSING OF CITY INTEREST IN REAL PROPERTY AT 2601 JACKSON, IN THE CITY OF DUBUQUE, IOWA Whereas, the City Council, by Resolution No. 122-24, dated May 6, 2024, declared its intent to dispose of City interest in real property located at 612 Lincoln Avenue (the Prop- erty) legally described as: 26 The Easterly 70 feet of Lot 376 in Davis Farm a part of Dubuque, in the City of Dubuque, Iowa, according to the recorded plat thereof; and Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on May 20, 2024, at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council that approval of the purchase agreement for the sale to Timothy Johnson according to the terms and conditions set out in the purchase agreement is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute a Special Warranty Deed, conveying the City’s interest in the Property to Timothy Johnson. Section 3. That the City Clerk is hereby authorized and directed to cause said Special Warranty Deed to be delivered to the City Attorney’s Office, together with a certified copy of the Resolution. Passed, approved, and adopted this 20th day of May 2024. Ric W. Jones, Mayor Pro Tem Attest: Adrienne Breitfelder, City Clerk 11. Fiscal Year 2024 Second Budget Amendment: Motion by Farber to receive and file the documents and adopt Resolution No. 153-24 Amending the current budget for Fiscal Year Ending June 2024 (as last certified or amended on 10/16/2023). Seconded by Sprank. The City Council commended the Budget Department for their work. Motion car- ried 6-0. CITY BUDGET AMENDMENT AND CERTIFICATION RESOLUTION - FY 2024 - AMENDMENT # 2 To the Auditor of DUBUQUE County, Iowa: The City Council of DUBUQUE in said County/Counties met on 05/20/2024 06:30 PM, at the place and hour set in the notice, a copy of which accompanies this certificate and is 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. 24-153 A RESOLUTION AMENDING THE CURRENT BUDGET FOR FISCAL YEAR ENDING JUNE 2024 (AS LAST CERTIFIED OR AMENDED ON 10/16/2023) Be it Resolved by the Council of City of Dubuque Section 1. Following notice published/posted 05/09/2024 and the public hearing held 05/20/2024 06:30 PM the current budget (as previously amended) is amended as set out herein and in the detail by fund type and activity that supports this resolution which was considered at the hearing: REVENUES & OTHER FINANCING SOURCES Total Budget as Certified or Last Amended Current Amendment Total Budget After Cur- rent Amendment 27 Taxes Levied on Property 1 25,929,410 0 25,929,410 Less: Uncollected Delinquent Taxes - Levy Year 2 0 0 0 Net Current Property Tax 3 25,929,410 0 25,929,410 Delinquent Property Tax Revenue 4 0 0 0 TIF Revenues 5 12,193,208 0 12,193,208 Other City Taxes 6 23,073,236 0 23,073,236 Licenses & Permits 7 2,355,200 0 2,355,200 Use of Money & Property 8 18,109,883 -3,299 18,106,584 Intergovernmental 9 73,970,793 9,292,261 83,263,054 Charges for Service 10 53,878,113 0 53,878,113 Special Assessments 11 115,000 0 115,000 Miscellaneous 12 13,206,663 393,758 13,600,421 Other Financing Sources 13 51,752,136 0 51,752,136 Transfers In 14 73,074,875 298,298 73,373,173 Total Revenues & Other Sources 15 347,658,517 9,981,018 357,639,535 EXPENDITURES & OTHER FINANCING USES Public Safety 16 38,911,682 -7 38,911,675 Public Works 17 18,204,420 1,561,498 19,765,918 Health and Social Services 18 913,248 -3,089 910,159 Culture and Recreation 19 20,093,384 50,737 20,144,121 Community and Economic Development 20 18,960,655 1,085,263 20,045,918 General Government 21 16,555,454 515,574 17,071,028 Debt Service 22 13,007,373 0 13,007,373 Capital Projects 23 146,833,874 1,882,076 148,715,950 Total Government Activities Expenditures 24 273,480,090 5,092,052 278,572,142 Business Type/Enterprise 25 109,927,081 5,216,245 115,143,326 Total Gov Activities & Business Expenditures 26 383,407,171 10,308,297 393,715,468 Transfers Out 27 73,074,875 298,298 73,373,173 Total Expenditures/Transfers Out 28 456,482,046 10,606,595 467,088,641 Excess Revenues & Other Sources Over (Under) Expenditures/Transfers Out 29 -108,823,529 -625,577 -109,449,106 Beginning Fund Balance July 1, 2023 30 252,186,179 0 252,186,179 Ending Fund Balance June 30, 2024 31 143,362,650 -625,577 142,737,073 Explanation of Changes: This amendment adds additional revenue from grants received, private funding, and the appropriation to spend the monies. Adjustment to reflect actual budget of projects. Passed, approved, and adopted this 20th day of May 2024. Ric W. Jones, Mayor Pro Tem Attest: Adrienne Breitfelder, City Clerk PUBLIC INPUT Nino Erba, 180 W. 15th St., spoke in opposition to Action Item No. 1, stating concerns with directing public funds to developers. Kyle FitzGerald, 13750 Nolan Ln., Peosta, IA, also spoke regarding Action Item No. 1, stating that Stephen Emerson’s letter referenced his company, FitzGerald Deconstruction & Reuse. Mr. FitzGerlad stated that he is not under contract with Mr. Emerson. Mr. Fitz- Gerald recommended the City Council vote against the funding request. ACTION ITEMS 1. Funding Request for 3000 Jackson Street, Dubuque Brewing and Malting Building : 28 Motion by Roussell to receive and file the correspondence from Stephen Emerson re- questing $250,000 to salvage the masonry materials from the demolition of 3000 Jackson Street in order to donate the materials to local non -profits and refer to the City Council. Seconded by Wethal. City Council Members expressed their opposition to the request, stating it was an inappropriate use of public funds. Motion amended by Roussell to re- ceive and file and deny the request. Seconded by Wethal. Motion carried 6-0. 2. Ratification of Dubuque Professional Firefighters' Association (DPFA) Collective Bargaining Agreement: Motion by Roussell to receive and file the documents and approve the City of Dubuque/Dubuque Professional Firefighters’ Association (DPFA) Collective Bargaining Agreement to become effective on July 1, 2024. Seconded by Farber. Motion carried 6-0. 3. Railroad Quiet Zone Study Recommendations and Request for Approval to Submit a Consolidated Rail Infrastructure and Safety Improvements Grant to the Federal Railroad Administration: Motion by Sprank to receive and file the documents and adopt Resolution No. 154-24 Authorizing the filing of a grant application with the U.S. Department of Trans- portation Federal Railroad Administration for a Consolidated Rail Infrastructure and Safety Improvements (CRISI) Grant to assist with funding for proposed safety, ef ficiency, and reliability improvements to at-grade railroad crossings in the City of Dubuque. Se- conded by Wethal. The City Council expressed support for the project. Motion carried 6- 0. RESOLUTION NO. 154-24 AUTHORIZING THE FILING OF A GRANT APPLICATION WITH THE U.S. DEPART- MENT OF TRANSPORTATION FEDERAL RAILROAD ADMINISTRATION FOR A CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS (CRISI) GRANT TO ASSIST WITH FUNDING FOR PROPOSED SAFETY, EFFICIENCY, AND RELIABILITY IMPROVEMENTS TO AT-GRADE RAILROAD CROSSINGS IN THE CITY OF DUBUQUE Whereas, the Consolidated Rail Infrastructure and Safety Improvements (CRISI) Pro- gram is designed to improve the safety, efficiency, and reliability of intercity passenger and freight rail where at-grade railroad crossing improvements are one of the eligible pro- jects; and Whereas, the United States Department of Transportation Federal Railroad Admin- istration provides CRISI grants on a competitive basis; and Whereas, the federal funding share for CRISI projects is 80% of the proposed cost of eligible at-grade railroad crossing improvements; and Whereas, the City’s funding share for CRISI projects is 20% of the proposed cost of eligible at-grade railroad crossing improvements; and Whereas, the impending increase in train traffic due to the recent merger of the Cana- dian Pacific and Kansas City Southern (CPKC) railroads will negatively impact our region with the number of trains passing daily through the downtown urban core of the Cit y dou- bling, from 9 trains per day to 18 trains per day by 2027; and Whereas, this increase in daily Class I railroad traffic through the city will lead to sig- nificant delays at 13 existing at-grade rail crossings and will hinder the efficient movement 29 of people and goods, significantly impacting vulnerable neighborhoods, emergency re- sponse, and key employment centers; and Whereas, improving safety for all users is a key goal of the CRISI Grant; and Whereas, the City of Dubuque believes that improving railroad at -grade crossings will help the City achieve its long-term objective of improving safety, and reducing transpor- tation related injuries and deaths; and Whereas, the Dubuque Metropolitan Area Transportation Study (DMATS) is the Met- ropolitan Planning Organization (MPO) for the Dubuque Urban and Metropolitan Areas, and will be the lead applicant with support from the City of Dubuque and the City of East Dubuque for the CRISI grant; and Whereas, Burlington Northern Santa Fe Corporation (BNSF), Canadian National Rail- way (CN), and Canadian Pacific Kansas City Railroad (CPKC) will be Partners on the CRISI grant; and Whereas, the City of Dubuque is seeking the necessary CRISI grant funding for the implementation of safety improvements to existing at-grade rail crossings, and upon com- pletion, in cooperation with Canadian National Railway (CN), and Canadian Pacific Kan- sas City Railroad (CPKC), be responsible for adequately maintaining and operating the improvements for railroad and public use and benefit during the project’s useful life. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQE, IOWA, THAT: Section 1. The City of Dubuque is hereby authorized to file the grant application with the United States Department of Transportation Federal Railroad Administration for a CRISI Grant to assist with funding for proposed safety, efficiency, and reliability improve- ments to at-grade railroad crossing improvements. Section 2. The City of Dubuque hereby agrees to provide the required 20% local matching funds for the CRISI grant. Passed, approved, and adopted this 20th day of May 2024 Ric W. Jones, Mayor Pro Tem Attest: Adreinne N. Breitfelder, City Clerk COUNCIL MEMBER REPORTS Council Member Farber reported on the Ken Kringle Historic Preservation Awards and meeting with the State of Iowa Chief Information Officer with Chief Information Officer Chris Kohlmann, Director of Strategic Partnerships Teri Goodmann , and Greater Dubu- que Development Corporation’s Dave Lyons. Council Member Wethal reported on attending the Peace Officers Memorial Day event and speaking to a first-grade class at Irving Elementary. Council Member Jones reported on the city’s employee appreciation celebration and Travel Dubuque’s hospitality breakfast. ADJOURNMENT There being no further business, Mayor Pro Tem Jones declared the meeting ad- journed at 7:54 p.m. 30 /s/Adrienne N. Breitfelder, CMC, City Clerk