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6 3 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 June 3, 2024, in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Cavanagh; Council Members Farber (attended virtually), Jones, Res- nick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attorney Brumwell. Mayor Cavanagh read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on city prevention and response to an active aggressor situation. WORK SESSION City Prevention and Response to an Active Aggressor Situation Police Chief Jeremy Jensen, Dubuque Community School District (DCSD) Chief Com- munication Officer Mike Cyze, City Council Member Katy Wethal, and the Community Foundation of Greater Dubuque’s Vice President of Community Impact Mary Jo Jean - Francois presented on prevention and response to active aggressor situations. Respond- ing to a question from the City Council about recent state legislation permitting school districts to arm personnel, Chief Jensen stated that the school district determines their policy on arming teachers. City Manager Van Milligen elaborated that DCSD has decided not to arm their teachers, which he supports based on previously presented data indicat- ing shortcomings in hitting intended target. School Resource Officer (SRO) Lieutenant Bruce Deutsch provided information on the Safe+Sound Iowa online anonymous report- ing system where students can report concerning information. Mr. Cyze summarized DCSD student training to report concerns. The City Council suggested the Community Foundation’s stakeholder discussions include local universities and seminaries. Chief Jensen stated that social emotional learning is an important aspect of prevention and that the issue must be considered holistically. City Council Members emphasized the im- portance of contacting emergency personnel to report any concerns and expressed inter- est in exploring policy changes. There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:17 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk 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 June 3, 2024, in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Cavanagh; Council Members Farber (attended virtually), Jones, Res- nick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attorney Brumwell. Mayor Cavanagh read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE City Manager Van Milligen provided an update on the recent storms that impacted the area, including city response activities. PRESENTATION(S) 1. 2024 Employee SPIRIT Awards Recognition: Assistant City Manager Cori Burbach made a presentation on the 2024 City of Dubuque SPIRIT Awards. As part of the presen- tation, Public Information Office staff showed a video on the May 9, 2024, City Employee Celebration Event held in conjunction with Public Service Recognition Week. The video can be viewed at: https://youtu.be/5fUeiAGqdLo. PROCLAMATION(S) 1. Upper Mississippi River Wildlife and Fish Refuge Day (June 7, 2024) was accepted by National Mississippi River Museum & Aquarium President & CEO Kurt Strand o n be- half of the National Mississippi River Museum & Aquarium. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Wethal. Motion carried 7 -0. 1. Minutes and Reports Submitted: City Council Proceedings of May 20, 2024; Com- munity Development Advisory Commission of April 17, 2024. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Chicago, Central & Pacific Railroad for property damage; Edward & Diane Claycomb for vehicle damage. Upon motion the documents were re- ceived, filed, and referred to the City Attorney. 3 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: Chicago, Central & Pacific Railroad for property damage; Edward & Diane Claycomb for vehicle damage. Upon motion the documents were received, filed, and con- curred. 4. Approval of City Expenditures: Upon motion the documents were received and filed, and Resolution No. 157-24 Authorizing the Chief Financial Officer/City Treasurer to make certain payments of bills that must be paid and approved for payment in accordance with City procedures was adopted. RESOLUTION NO. 157-24 AUTHORIZING THE CHIEF FINANCIAL 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 3rd day of June 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Letter of Support: Local College/Career Access Network (LCAN): Upon motion the documents were received, filed, and approved. 4 6. North Grandview Avenue Pavement Rehabilitation Project : Upon motion the docu- ments were received and filed, and Resolution No. 158-24 Awarding Public Improvement Contract for the North Grandview Avenue Pavement Rehabilitation Project was adopted. RESOLUTION NO. 158-24 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE NORTH GRANDVIEW AVENUE PAVEMENT REHABILITATION PROJECT Whereas, sealed proposals have been submitted by contractors for the North Grandview Avenue Pavement Rehabilitation Project, (the Project) pursuant to Resolution No. 120-24 and Notice to Bidders published on the City of Dubuque, Iowa website and plan room service with statewide circulation on the 10th day of May 2024; and Whereas, said sealed proposals were opened and read on the 23rd day of May 2024 and it has been determined that Eastern Iowa Excavating and Concrete LLC of Cascade, Iowa, submitted low bid in the amount of $354,756.33, and is the lowest responsive, 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 Contract for the Project is hereby awarded to Eastern Iowa Excavating and Concrete LLC and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, adopted and approved this 3rd day of June 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7. 2024 ADA Sidewalk Curb Ramp Project Three Award Recording Memo: Upon mo- tion the documents were received and filed, and Resolution No. 159-24 Awarding Public Improvement Contract for the 2024 ADA Sidewalk Curb Ramp Project Three was adopted. RESOLUTION NO. 159-24 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE 2024 ADA SIDEWALK CURB RAMP PROJECT THREE Whereas, sealed informal bid proposals have been submitted by contractors for the 2024 ADA Sidewalk Curb Ramp Project Three, (the Project) and Notice to Bidders pub- lished on the City of Dubuque, Iowa website and plan room service with statewide circu- lation on the 3rd day of May 2024; and Whereas, said sealed proposals were opened and read on the 17th day of May 2024 and it has been determined that Valentine Construction Co., LLC of Dubuque, IA submit- ted the low bid in the amount of $169,806.00, and is the lowest responsive, responsible 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 Contract for the Project is hereby awarded to Valentine Construction Co., LLC and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. 5 Passed, adopted, and approved this 3rd day of June 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 8. 2024 ADA Sidewalk Curb Ramp Project Four Award Recording Memo: Upon motion the documents were received and filed, and Resolution No. 160-24 Awarding Public Im- provement Contract for the 2024 ADA Sidewalk Curb Ramp Project Four was adopted. RESOLUTION NO. 160-24 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE 2024 ADA SIDEWALK CURB RAMP PROJECT FOUR Whereas, sealed informal bid proposals have been submitted by contractors for the 2024 ADA Sidewalk Curb Ramp Project Four, (the Project) and Notice to Bidders pub- lished on the City of Dubuque, Iowa website and plan room service with statewide circu- lation on the 3rd day of May 2024; and Whereas, said sealed proposals were opened and read on the 17th day of May 2024 and it has been determined that Drew Cook & Sons Excavating Co. of Dubuque, IA sub- mitted the low bid in the amount of $109,878.00, 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: Section 1. That a Public Improvement Contract for the Project is hereby awarded to Drew Cook & Sons Excavating Co. and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, adopted, and approved this 3rd day of June 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 9. 3000 Jackson, Dubuque Brewing and Malting Building Update: Upon motion the documents were received and filed. 10. New Housing Units Highlighting Affordable Projects Handout: Upon motion the documents were received and filed. 11. First Amendment to Lease Agreement by and Among the City of Dubuque, Iowa, Dubuque Metropolitan Area Solid Waste Agency, and Radio Dubuque, Inc.: Upon motion the documents were received, filed, and approved. 12. Public Works Custodian Staffing Change Recommendation: City Manager recom- mended City Council approval to increase the Public Works Department Part -Time Cus- todian position (0.68 FTE) to a Full-Time Custodian (1.00 FTE). Upon motion the docu- ments were received, filed, and approved. 13. Signed Contract(s): Landmark Turf Services, LLC for the Weed Control Flood Con- trol System Spraying 2024; First Amendment to Access Easement Agreement with Butler Children's Garden Foundation, Inc.; Amended and Restated Parking Agreement with 6 Wanderwood Gardens and Dubuque Arboretum and Botanical Gardens. Upon motion the documents were received and filed. 14. Equitable Community Grant Recommendation: Upon motion the documents were received and filed, and Resolution No. 161-24 Awarding Equitable Community Grant to Hills & Dales Childcare Center; and Resolution No. 162-24 Awarding Equitable Commu- nity Grant to Red Basket Project were adopted. RESOLUTION NO. 161-24 AWARDING EQUITABLE COMMUNITY GRANT TO HILLS & DALES CHILDCARE CENTER Whereas, the City Council adopts goals on an annual basis; and Whereas, the City Council in 2022 established a five year goal of “Partnership for a Better Dubuque: Building Our Community that is Viable, Livable, and Equitable;” and Whereas, the City Council stated in their vision statement that “Dubuque 2038 is a sustainable and resilient city, an inclusive and equitable community where ALL are wel- come;” and Whereas, the City Council mission statement that Dubuque city government’s mission is to “deliver excellent municipal services that support urban living; contribute to an equi- table, sustainable city; plan for the community’s future; and facilitate access to criti cal human services;” and Whereas, the Equitable Community Grant meets the needs of the Dubuque’s vision for an equitable community; and Whereas, efforts which address an Equitable Dubuque principle and offer community engagement activity or community education activity benefit the entirety of the community and the specifically adopted goals of the City Council; and Whereas, the grant recipient shall use grant funds to purchase a vitals machine and specialized toys, and assist with utility, maintenance, and conversion expenses for addi- tional square footage allocated to medical childcare; and Whereas, the grant recipient shall more effectively support children with disabilities and medical needs, thereby allowing their families and caregivers a better ability to seek em- ployment and contribute to the community; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to strive for an equitable community for all residents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby awards an Equitable Community Grant to HILLS & DALES CHILDCARE CENTER. Section 2. The City Manager or his designee shall enter into a grant agreement with HILLS & DALES CHILDCARE CENTER and shall ensure compliance with the grant agreement pursuant to Iowa Code and the grant award requirements. Passed, approved, and adopted this 3rd day of June 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 162-24 7 AWARDING EQUITABLE COMMUNITY GRANT TO RED BASKET PROJECT Whereas, the City Council adopts goals on an annual basis; and Whereas, the City Council in 2022 established a five year goal of “Partnership for a Better Dubuque: Building Our Community that is Viable, Livable, and Equitable;” and Whereas, the City Council stated in their vision statement that “Dubuque 2038 is a sustainable and resilient city, an inclusive and equitable community where ALL are wel- come;” and Whereas, the City Council mission statement that Dubuque city government’s mission is to “deliver excellent municipal services that support urban living; contribute to an equi- table, sustainable city; plan for the community’s future; and facilitate access to criti cal human services;” and Whereas, the Equitable Community Grant meets the needs of the Dubuque’s vision for an equitable community; and Whereas, efforts which address an Equitable Dubuque principle and offer community engagement activity or community education activity benefit the entirety of the community and the specifically adopted goals of the City Council; and Whereas, the grant recipient shall use grant funds to secure period products for distri- bution to those in need; and Whereas, the grant recipient shall tackle period poverty and cultivate an inclusive and equitable community where individuals can thrive irrespective of gender or economic standing; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to strive for an equitable community for all residents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The city Council hereby awards an Equitable Community Grant to RED BASKET PROJECT. Section 2. The City Manager or his designee shall enter into a grant agreement with RED BASKET PROJECT and shall ensure compliance with the grant agreement pursuant to Iowa Code and the grant award requirements. Passed, approved, and adopted this 3rd day of June 2024. Brad Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 15. Final Plat of South Pointe #2: Upon motion the documents were received and filed, and Resolution No. 163-24 Authorizing approval of the Final Plat of South Pointe #2 in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 163-24 AUTHORIZING APPROVAL OF THE FINAL PLAT OF SOUTH POINTE #2 IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Final Plat of South Pointe #2 in the City of Dubuque, Iowa; and Whereas, upon said final plat appear public streets to be known as South Pointe Drive (Lot B), Waterbridge Lane (Lot C), Summit Hill Drive (Lot D), Whisper Woods Lane (Lot E), and Longhollow Drive (Lot F), together with certain public utility, storm sewer, sanitary 8 sewer, and water main easements, which the owner by said final plat has dedicated to the public forever; and Whereas, upon said Final Plat appear private streets to be known as Edenbrook Lane (Lot G) and Autumn Ridge Lane (Lot H), which the owner by said Final Plat has agreed to own, construct and maintain forever; and Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and its approval has been endorsed thereon; and Whereas, said final plat has been re- viewed by the City Planner and his approval has been endorsed thereon, subject to the owner’s agreeing to the conditions specified herein; and Whereas, said final plat has been 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 South Pointe Drive (Lot B), Waterbridge Lane (Lot C), Summit Hill Drive (Lot D), Whisper Woods Lane (Lot E), and Longhollow Drive (Lot F), together with certain public utility, storm sewer, sanitary sewer, and water main e ase- ments, as they appear on said final plat, be and the same are hereby accepted; and Section 2. That the private streets of Edenbrook Lane (Lot G) and Autumn Ridge Lane (Lot H) as they appear on said Final Plat, be and the same are hereby approved; and that the dedication of the public utility easements in Autumn Ridge Lane (Lot H) and Edenbrook Lane (Lot G), as they appear on said Final Plat, be and the same are hereby accepted; and Section 3. That the Final Plat of South Pointe #2 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein nam ed, execute their written acceptance of the attached conditions and further agree: (a) To reduce as South Pointe Drive (Lot B), Waterbridge Lane (Lot C), Summit Hill Drive (Lot D), Whisper Woods Lane (Lot E), Longhollow Drive (Lot F), to grade and to construct longitudinal sub-drain, concrete curb and gutter with asphaltic concrete pavement or with Portland Cement concrete pavement with integral curb, all in accordance with the City of Dubuque 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 En- gineer. (b) To reduce the private streets of Edenbrook Lane (Lot G) and Autumn Ridge Lane (Lot H) to grade and to construct longitudinal sub -drain, concrete curb and gutter with asphaltic concrete pavement or with Portland Cement concrete pavement with integral curb, install a private storm water detention facility on Lot A, and to con- struct an asphaltic concrete emergency access roadway on Lot AA, all in accord- ance with the City of Dubuque 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. (c)To install sanitary sewer mains and sewer service laterals into each individual lot, water mains and water service laterals into each individual lot, storm water deten- tion basins, storm sewers and catch basins, boulevard street lighting, fiber optic 9 conduit and vaults, and to install water and sanitary sewer main extensions through Mineral Lot 488, and install 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 En- gineer, and inspected and approved by the City Engineer. (d)To construct accessible sidewalk ramps at each intersection and street crossings in accordance with City of Dubuque Standards and Specifications, all in a manner acceptable to the City Engineer, and in accordance with the construction improve- ment plans approved by the City Engineer and inspected and approved by the City Engineer. (e)To install concrete sidewalks across Lot J in accordance with City of Dubuque Standards and Specifications, all in a manner acceptable to the City Engineer, and in accordance with the construction improvement plans approved by the City En- gineer and inspected and approved by the City Engineer. (f)To construct the improvements outlined in (a), (b), (c), (d), and (e), above within two years from the date of acceptance of this resolution, at the sole expense of the owners, or future owner. (g)To maintain the improvements outlined in (a), (c), (d), and (e) 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. (h)To maintain the private street improvements outlined in (b) above forever. (i)To provide security for the performance of the foregoing conditions specified in this Section in such form and with such sureties as may be acceptable to the City Man- ager of the City of Dubuque, Iowa. Section 4. 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 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 5. That the owner must construct and maintain erosion control devices in South Pointe Subdivision which control erosion and prevent sediment from leaving the site. The owner is responsible for the maintenance of the private storm water detention basin facil- ity on Lot A in perpetuity. Section 6. 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 expense Section 7. 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 8. That in the event South Pointe, LLC fails to execute the acceptance and furnish the guarantees provided hereof within 180 days after the date of this Resolution, 10 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 3rd day of June 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk ACCEPTANCE OF RESOLUTION NO. 163-24 I, the undersigned, James Trausch, representing Dubuque South Pointe, LLC, having read the terms and conditions of Resolution No. 163-24 and being familiar with the con- ditions thereof hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this day of 2024. /s/James Trausch, Dubuque South Pointe, LLC 16. Improvement Contracts / Performance, Payment and Maintenance Bonds: Midwest Concrete Inc. for the 2024 ADA Sidewalk Curb Ramp Project One and 2024 ADA Side- walk Curb Ramp Project Two. Upon motion the documents were received, filed, and ap- proved. 17. Approval of Retail Tobacco, Alternative Nicotine, and Vapor Product Permit Appli- cations: Upon motion the documents were received and filed, and Resolution No. 164 -24 Approving applications for retail permits to sell Tobacco, Tobacco Products, Alternative Nicotine Products, and Vapor Products, as required by Iowa Code §453A.47A was adopted. RESOLUTION NO. 164-24 APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES / NICO- TINE / VAPOR PERMITS, AS REQUIRED BY IOWA CODE 453A.47A Whereas, applications for Cigarette/Tobacco/Nicotine/Vapor Permit Sales have been submitted and filed with the City Clerk; and Whereas, the applicants have filed the proper application and fees as required by the Iowa Department of Revenue; and Whereas, the Iowa Department of Revenue requires all applications be approved by the City Council. 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 the following named applicants and locations for Cigarette/Tobacco/Nicotine/Vapor retail per- mit. Effective from: July 1, 2024, to June 30, 2025 Business Name Business Address Big 10 Mart #10 1875 John F. Kennedy Rd. Big 10 Mart #11 3300 Asbury Rd. Big 10 Mart #12 405 Rhomberg Ave. Big 10 Mart #13 2100 John F. Kennedy Rd. Botanicanna 555 John F. Kennedy Rd. Unit 558 BP Fuel 1450 Loras Blvd. 11 Casey's General Store #2420 2699 Rockdale Rd. Casey's General Store #2421 4003 Peru Rd. Casey's General Store #3473 1072 Cedar Cross Rd. Diamond Jo Casino 301 Bell Street Downtown Gas and Grocery 1401 Central Ave. Eagle Country Market 1800 Elm St EZ Stop 1 1101 Rhomberg Ave. EZ Stop II 700 Rhomberg Ave Family Dollar #21599 2013 Central Ave #4 Fareway Stores #114 2050 John F. Kennedy Rd. Greenleaf Tobacco & Vape 1620 J. F. Kennedy Rd. Hammerheads Bar and Billiards 2095 Kerper Blvd. Suite #2 Hartig Drug #2 157 Locust St. Hartig Drug #3 2255 John F. Kennedy Rd. Hartig Drug #4 2225 Central Ave. Hartig Drug #8 1600 University Ave. Hy-Vee #1 Fast & Fresh 3270 Dodge St Hy-Vee #1 Food Store 3500 Dodge St. Hy-Vee #2 Fast and Fresh 2395 NW Arterial Hy-Vee #2 Food Store 2395 NW Arterial Hy-Vee #3 Fast and Fresh 300 South Locust St. Hy-Vee #3 Food Store 400 South Locust St. Hy-Vee Wine & Spirits #1 3500 Dodge St. Ste 2 Kwik Star #236 2035 John F. Kennedy Rd. Kwik Star #495 2685 Dodge St. Kwik Stop #300 1215 East 16th St. Kwik Stop #325 1210 E. 16th St. Kwik Stop #48 3201 Central Ave. Kwik Stop #58 3340 John F. Kennedy Rd. Kwik Stop #72 2255 Kerper Blvd. Kwik Stop #76 2320 Gateway Dr. Kwik Stop #78 4039 Pennsylvania Ave. Kwik Stop #84 2335 University Ave. Kwik Stop #86 2150 Twin Valley Dr. Midwest Vapors 2600 Dodge St. Suite B4 Moondog Music 806 Wacker Dr. #120 Paro Food Mart 3200 Central Ave. Q Casino and Resort 1855 Greyhound Park Dr. River Bluff 168 East 10th St. Super Stop 3 2360 Central Ave. The Great Vape 3250 Central Ave. The Konnexion 1099 University Ave. Tobacco Outlet Plus #504 806 Wacker Dr. Suite 140 Vapor City Outlet 3330 Asbury Rd. Walmart # 2004 4200 Dodge St. 12 Passed, approved, and adopted this 3rd day of June 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Roussell to receive and file the documents, adopt the resolutions, and set the public hearings as indicated. Seconded by Sprank. Motion carried 7 -0. 1. Resolution Setting a Public Hearing on a Proposed Development Agreement by and between the City of Dubuque, Iowa and Millwork Flats, L.L.C. Providing for the Issuance of Urban Renewal Tax Increment Revenue Grant Obligations Pursuant to the Develop- ment Agreement: Upon motion the documents were received and filed and Resolution No. 165-24 Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on a Development Agreement by and between the City of Dubuque, Iowa and Mill- work Flats, L.L.C., including the proposed issuance of urban renewal tax increment rev- enue obligations relating thereto and providing for the publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 17, 2024 in the Historic Federal Building. RESOLUTION NO. 165-24 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 MILLWORK FLATS, L.L.C., INCLUDING THE PRO- POSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGA- TIONS RELATING THERETO AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, City and Millwork Flats, L.L.C. have entered into a Development Agreement, subject to the approval of the City Council, a copy of which is now on file at the Office of the City Clerk, City Hall, 50 W. 13th Street, Dubuque, Iowa for the development of pro p- erty located at 1065 Jackson Street; and Whereas, the City Council has tentatively determined that it would be in the best inter- ests of the City to approve the Development Agreement, with Millwork Flats, L.L.C.; and Whereas, it is deemed necessary and 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 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 13 intent to authorize Urban Renewal Tax Increment Revenue obligations, to be held on the 17th day of June 2024, at 6:30 p.m. The official agenda will be posted on Friday, June 14, 2024, and will contain listening, viewing, and public input options. The City Council agenda can be 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 Development Agreement relating thereto with Millwork Flats, L.L.C., the proceeds of which obligations will be used to carry out certain of the special financing activities described in the Urban Renewal Plan for the Greater Downtown Urban Renewal District, consisting of the funding of economic developments grants t o Millwork Flats, L.L.C. pursuant to the Development Agreement. It is expected that the aggregate amount of the Tax Increment Revenue obligations to be issued will be approximately $3,106,447. Section 3. The Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a newspaper, printed wholly in the English language, 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 3rd day of June, 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Resolution Setting a Public Hearing on a Proposed First Amendment to Develop- ment Agreement by and between the City of Dubuque, Iowa and South Pointe, L.L.C. and Providing for the Issuance of Urban Renewal Tax Increment Revenue Obligations Pursu- ant to the Development Agreement: Upon motion the documents were received and filed and Resolution No. 166-24 Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on the First Amendment to Development Agreement by and be- tween the City of Dubuque, Iowa and South Pointe, L.L.C., including the proposed reim- bursement of South Pointe, L.L.C. for certain infrastructure improvements with urban re- newal tax increment revenue and providing for the publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 17, 2024 in the Historic Federal Building. RESOLUTION NO. 166-24 FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON THE FIRST AMENDMENT TO DEVELOPMENT AGREE- MENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND SOUTH POINTE, L.L.C., INCLUDING THE PROPOSED REIMBURSEMENT OF SOUTH POINTE, L.L.C. FOR CERTAIN INFRASTRUCTURE IMPROVEMENTS WITH URBAN RENEWAL TAX INCREMENT REVENUE AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque and South Pointe, L.L.C. have entered into a 14 Development Agreement for the development of property located in the South Pointe Housing Urban Renewal Area (the Development Property); 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 the Development Agreement with South Pointe, L.L.C.; 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 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 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 pursuant to the First Amendment to Development Agreement, to be held on the 17th day of June 2024, at 6:30 o'clock p.m. The official agenda will be posted on Friday, June 14, 2024, and will contain listening, viewing, and public input options. The City Council agenda may be ac- cessed 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 Development Agreement relating thereto with South Pointe, L.L.C., the proceeds of which obligations will be used to carry out certain of the special financing activities described in the Urban Renewal Plan for the South Pointe Housing Urban Renewal Area, consisting of the funding of reimbursements to South Pointe, L.L.C. for certain infrastructure improvements to be constructed on and within Development Property pursuant to the First Amendment to the Development Agreement. It is expected that the aggregate amount of the Tax Increment Revenue ob- ligations to be issued will be approximately $1,600,000 but not to exceed the actual reim- bursement of qualified expenses. Section 3. The Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a newspaper, printed wholly in the English language, 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 3rd day of June, 2024. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 3. Seippel Road Water Main Lowering Project Initiate Public Bidding Process and 15 Setting Date for Public Hearing - Project Code: 4281000059: Upon motion the documents were received and filed and Resolution No. 167 -24 Seippel Road Water Main Lowering Project: preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 17, 2024 in the Historic Feder al Building. RESOLUTION NO. 167-24 SEIPPEL ROAD WATER MAIN LOWERING PROJECT - PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The proposed plans, specifications, form of contract and estimated cost for the Seippel Road Water Main Lowering Project in the estimated construction amount of $322,500.00, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. Section 2. A public hearing will be held on the 17th day of June, 2024, at 6:30 p.m. in the Historic Federal Building Council Chambers 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 Ci ty 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 estimated cost of the Project. Section 3. The Seippel Road Water Main Lowering Project is hereby ordered to be advertised for bids for construction. Section 4. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. Section 5. The City Engineer is hereby 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 circu- lation, which notice shall be published not less than thirteen but not more than forty -five days before the date for filing bids before 2:00 p.m. on the 20th day of June 2024. Bids shall be opened and read by the City Clerk at said time and will be submitte d to the City Council for final action at 6:30 p.m. on the 1st day of July 2024, in the Historic Federal Building Council Chambers (and/or by virtual means) 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this the 3rd day of June 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 16 PUBLIC HEARINGS 1. First Amendment to Grant Agreement with Forward Investments Group LLC: Motion by Sprank to receive and file the documents and adopt Resolution No. 168-24 Approving a First Amendment to Grant Agreement by and between the City of Dubuque, Iowa and Forward Investments Group LLC, including the proposed issuance of urban renewal tax increment revenue obligations relating thereto, and providing for the publication of notice thereof. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 168-24 APPROVING A FIRST AMENDMENT TO GRANT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND FORWARD INVESTMENTS GROUP LLC, IN- CLUDING THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS RELATING THERETO, AND PROVIDING FOR THE PUB- LICATION 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. That the Grant Agreement between the City of Dubuque and Forward In- vestments Group LLC is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Grant Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the Grant Agreement as herein approved. Passed, approved and adopted this 3rd day of June, 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 17 2. Resolution Approving a Subordination Agreement for Downtown Rehabilitation Loan Program Loan #2-23 - 1199 Central Avenue: Motion by Resnick to receive and file the documents and adopt Resolution No. 169-24 Approving 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 located at 1199 Central Avenue. Se- conded by Wethal. Responding to a question from the City Council, City Manager Van Milligen summarized the subordination process. Motion carried 7-0. RESOLUTION NO. 169-24 APPROVING A SUBORDINATION AGREEMENT BY AND AMONG VIRTUAL VELOC- ITY, LLC, DUBUQUE INITIATIVES, MICHAEL AND DENISE ERSCHEN, AND THE CITY OF DUBUQUE, IOWA FOR INTEREST IN PROPERTY LOCATED AT 1199 CEN- TRAL 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: The Northly 87 feet 1.2 inches of Out Lot 447 in the City of Dubuque, Iowa, accord- ing to the United States Commissioners’ Map thereof; locally known as 1199 Central Avenue (the Property); and Whereas, the Agreement includes the award of a Three Hundred Thousand Dollars ($300,000.00) Downtown Rehabilitation Loan (the Loan) for the purpose of stimulating reinvestment in the Greater Downtown Urban Renewal District; and Whereas, the Project meets the requirements of the Loan; and Whereas, as security for the Loan, Virtual Velocity, LLC previously granted to City a mortgage on the Property (the City Mortgage); and Whereas, 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, a public hearing was held on the proposed Subordination Agreement was held on June 3, 2024, at 6:30 p.m.; and Whereas, the City Council has tentatively determined that approval of the Subordina- tion Agreement is in the public interest of the City of Dubuque by Resolution No. 169 -24. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Subordination Agreement by and among Virtual Velocity, LLC, Dubu- que Initiatives, Michael and Denise Erschen, and the City of Dubuque, Iowa is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Subordi- nation Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the Subordination Agreement as herein approved. Passed, approved and adopted this 3rd day of June 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 18 3. Public Hearing for the 2024 Pavement Marking Project - Project Code: 5521000013: Motion by Roussell to receive and file the documents and adopt Resolution No. 170 -24 Approval of plans, specifications, form of contract, and estimated cost for the 2024 Pave- ment Marking Project. Seconded by Sprank. City Clerk Breitfelder stated that written input was received by Steve Cook. Responding to questions regarding the bike lane pilot pro- ject, Traffic Engineer Justine Hull stated that July is the targeted timeframe to have des- ignated bike lanes painted and that feedback on the program would be solicited via phone calls, traffic camera footage, and partnering with organizations such as Dubuque Forward and Dubuque Main Street. Ms. Hull stated that removing certain parking spaces for the pilot project would result in visitors having to park a half block further away . Ms. Hull further stated that city staff are considering various options to reduce project costs if the city decides to permanently install the bike lanes. Responding to a question about renting parking spaces, Ms. Hull and City Manager Van Milligen stated that while the Transpor- tation Services Department would be most appropriate to answer the question, the city does not rent on-street parking spaces to individuals and that the city’s parking ramps have plenty of vacancies. City Council Members expressed support for the bike lane pilot project. Motion carried 7-0. RESOLUTION NO. 170-24 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI- MATED COST FOR THE 2024 PAVEMENT MARKING 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 2024 Pavement Marking Project in the estimated amount $247,500.00, are hereby approved. Passed, approved, and adopted this 3rd day of June 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk ACTION ITEMS 1. Adoption of Historic Millwork District Master Plan Update: Motion by Resnick to re- ceive and file the documents and adopt Resolution No. 171 -24 Adopting a Master Plan Update for the Historic Millwork District. Seconded by Jones. City Council Members ex- pressed support for the plan and emphasized that approving the plan does not mean that parking spaces in the district will be immediately eliminated. City Manager Van Milligen confirmed that many conversations will transpire prior to any action occurring on parking in the district. Motion carried 7-0. RESOLUTION NO. 171-24 ADOPTING A MASTER PLAN UPDATE FOR THE HISTORIC MILLWORK DISTRICT Whereas, the City Council has requested a Master Plan Update (the Plan) be devel- oped for the Historic Millwork District (the District); and Whereas, Bolton & Menk was hired to assist City staff to prepare the Plan; and Whereas, several public meetings were held to provide input on the Plan, a steering 19 committee composed of stakeholders have consulted on the Plan, and several City staff have provided input to the Plan; and Whereas, the revitalization of the District will create new housing, commercial, and retail development opportunities to enhance the economic development in the downtown; and Whereas, it is the determination of the City Council that adoption of the Historic Mill- work District Master Plan Update, attached hereto, is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Historic Millwork District Master Plan Update prepared by Bolton & Menk, is hereby adopted. Section 2. That the City Manager is authorized to take such actions as are necessary to facilitate the recommendations of the Historic Millwork District Master Plan Update as herein approved. Passed, approved and adopted this 3rd day of June 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Request for City Council Ratification of IUOE July 1, 2024, Collective Bargaining Agreement (CBA): Motion by Roussell to receive and file the documents and approve the City of Dubuque/The International Union of Operating Engineers/AFL -CIO, Local #234 (IUOE) Collective Bargaining Agreement to become effective on July 1, 2024. Seconded by Jones. City Council Members thanked city staff and the union for their work on the agreement. Motion carried 7-0. 3. Resolutions of Support for Workforce Housing Tax Credit Applications : Motion by Jones to receive and file the documents and adopt Resolution No. 172-24 Supporting the submission of an Iowa Economic Development Authority (IEDA) application to the Work- force Housing Tax Credit Program by Millwork Flats, L.L.C.; Resolution No. 1 73-24 Sup- porting the submission of an Iowa Economic Development Authority (IEDA) application to the Workforce Housing Tax Credit Program by Miller Companies; Resolution No. 174 - 24 Supporting the submission of an Iowa Economic Development Authority (IEDA) appli- cation to the Workforce Housing Tax Credit Program by Corridordbq, LLC; Resolution No. 175-24 Supporting the submission of an Iowa Economic Development Authority (IEDA) application to the Workforce Housing Tax Credit Program by Dubuque Initiatives; Reso- lution No. 176-24 Supporting the submission of an Iowa Economic Development Authority (IEDA) application to the Workforce Housing Tax Credit Program by Plastic Center, Inc.; Resolution No. 177-24 Supporting the submission of an Iowa Economic Development Authority (IEDA) application to the Workforce Housing Tax Credit Program by JB Lofts, LLC; and Resolution No. 178-24 Supporting the submission of an Iowa Economic Devel- opment Authority (IEDA) application to the Workforce Housing Tax Credit Program by Wilson House Apts, LLC. Seconded by Sprank. City Council Members and City Manager Van Milligen clarified that adopting the resolution for Millwork Flats, L.L.C. was a separate action from Item Set for Public Hearing No. 1. City Council Members expressed enthusi- asm for this being the highest number of applications submitted for Dubuque in one year. 20 Motion carried 7-0. RESOLUTION NO. 172-24 SUPPORTING THE SUBMISSION OF AN IOWA ECONOMIC DEVELOPMENT AU- THORITY (IEDA) APPLICATION TO THE WORKFORCE HOUSING TAX CREDIT PROGRAM BY MILLWORK FLATS, L.L.C. Whereas, Millwork Flats, L.L.C. owns the following described real property in the City of Dubuque, Iowa: CITY LOTS 384-387 & S 1/2 OF CITY LOT 388 (1065 JACKSON, 163 E 10TH); locally known as 1065 Jackson Street; and Whereas, Millwork Flats, L.L.C. proposes to construct sixty-two (62) multi-family resi- dential units on the Property and invest approximately Seventeen Million Five Hundred Thousand Dollars ($17,500,000.00) (the Project); and Whereas, the Project will support the City's efforts to create new housing opportunities for a growing workforce within the community; and Whereas, Millwork Flats, L.L.C. has 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 Millwork Flats, L.L.C. have negotiated a Development Agree- ment scheduled for public hearing June 17, 2024, including the issuance of a $500,000 Forgivable Loan and Urban Tax Increment Revenue Obligations, (the Agreement); and Whereas, once completed, the Property is subject to 10 years of urban revitalization tax abatement per Iowa Code Chapter 404; and Whereas, Millwork Flats, L.L.C.’s application to the Workforce Housing Tax Credit Pro- gram, 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 suc- cess of the Project; and Whereas, the City supports said application to the Workforce Housing Tax Credit Pro- gram by Millwork Flats, L.L.C. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, 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 3rd day of June 2024. Brad M. Cavanagh, Mayor 21 Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 173-24 SUPPORTING THE SUBMISSION OF AN IOWA ECONOMIC DEVELOPMENT AU- THORITY (IEDA) APPLICATION TO THE WORKFORCE HOUSING TAX CREDIT PROGRAM BY MILLER COMPANIES Whereas, Miller Companies owns the following described real property in the City of Dubuque, Iowa: LOT K KEY GATE CENTER NO 3 (the Property); and Whereas, Miller Companies proposes to construct Thirty-Six (36) multi-family residen- tial units on the Property and invest approximately 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, Miller Companies has committed a significant amount of private financing to the Project; and Whereas, the Project is anticipated to apply for and be eligible for City incentives, as described in a housing creation incentives program approved by City Council by Resolu- tion No. 292-22 on September 6, 2022; and Whereas, the City will designate an urban revitalization area around the property by December 31, 2024 so that, once completed, the Property is subject to 10 years of urban revitalization tax abatement per Iowa Code Chapter 404; and Whereas, Miller Companies’ application to the Workforce Housing Tax Credit Program, a copy of which is attached hereto and by this reference made a part hereof, will provide necessary tax credits and other benefits which will directly contribute to the success of the Project; and Whereas, the City supports said application to the Workforce Housing Tax Credit Pro- gram by Miller Companies. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, 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 Miller Companies for necessary tax credits and other benefits directly contributing to the success of the Project at the Property, located at the intersection of Flint Hill Drive and Cross Hill Drive in Dubuque. Passed, approved and adopted this 3rd day of June 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 174-24 SUPPORTING THE SUBMISSION OF AN IOWA ECONOMIC DEVELOPMENT AU- THORITY (IEDA) APPLICATION TO THE WORKFORCE HOUSING TAX CREDIT PROGRAM BY CORRIDORDBQ, LLC Whereas, Corridordbq, LLC owns the following described real property in the City of Dubuque, Iowa: SM 1/5 OF CITY LOT 451; locally known as 1527 Central Avenue 22 (the Property); and Whereas, Corridordbq, LLC proposes to construct Ten (10) multi-family residential units on the Property and invest approximately Two Million Three Hundred Thousand Dollars $2,300,000 in the construction of the units (the Project); and Whereas, the Project will support the City's efforts to create new housing opportunities for a growing workforce within the community; and Whereas, Corridordbq, LLC has committed a significant amount of private financing to the Project; and Whereas, the Project is anticipated to apply for and be eligible for City incentives, as described in a housing creation incentives program approved by City Council by Resolu- tion No. 292-22 on September 6, 2022; and Whereas, once completed, the Property is subject to 10 years of urban revitalization tax abatement per Iowa Code Chapter 404; and Whereas, Corridordbq, LLC’s application to the Workforce Housing Tax Credit Pro- gram, 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 suc- cess of the Project; and Whereas, the City supports said application to the Workforce Housing Tax Credit Pro- gram by Corridordbq, LLC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, 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 Corridordbq, LLC for necessary tax credits and other benefits directly contributing to the success of the Project at the Property, located at the Property at 1527 Central Avenue in Dubuque. Passed, approved and adopted this 3rd day of June 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 175-24 SUPPORTING THE SUBMISSION OF AN IOWA ECONOMIC DEVELOPMENT AU- THORITY (IEDA) APPLICATION TO THE WORKFORCE HOUSING TAX CREDIT PROGRAM BY DUBUQUE INITIATIVES Whereas, Dubuque Initiatives, Inc. owns the following described real property in the City of Dubuque, Iowa: “Kennedy Central Avenue Place” in City Lot 675; and Lot “A” of “Kennedy Central Avenue Place” in City Lot 675; in the City of Dubuque, Iowa, according to the rec- orded plats thereof (the Property); and Whereas, Dubuque Initiatives proposes to create four (4) multi-family residential units on the Property and invest approximately Six Hundred Fifty Thousand Dollars ($650,000) in the creation of the units (the Project); and Whereas, the Project will support the City's efforts to create new housing opportunities for a growing workforce within the community; and Whereas, Dubuque Initiatives has committed a significant amount of private financing to the Project; and 23 Whereas, the Project is anticipated to apply for and be eligible for City incentives, as described in a housing creation incentives program approved by City Council by Resolu- tion No. 292-22 on September 6, 2022; and Whereas, once completed, the Property is subject to ten (10) years of urban revitaliza- tion tax abatement per Iowa Code Chapter 404; and Whereas, Dubuque Initiatives’ application to the Workforce Housing Tax Credit Pro- gram, 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 suc- cess of the Project; and Whereas, the City supports said application to the Workforce Housing Tax Credit Pro- gram by Dubuque Initiatives. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, 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 Dubuque Initiatives for necessary tax credits and other benefits directly contributing to the success of the Project at the Property, located at the Property at 1701 Central Avenue in Dubuque. Passed, approved and adopted this 3rd day of June 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 176-24 SUPPORTING THE SUBMISSION OF AN IOWA ECONOMIC DEVELOPMENT AU- THORITY (IEDA) APPLICATION TO THE WORKFORCE HOUSING TAX CREDIT PROGRAM BY PLASTIC CENTER, INC. Whereas, Plastic Center, Inc. owns the following described real property in the City of Dubuque, Iowa: E 110' OF CITY LOT 614; locally known as 408 W. 5th Street (the Property); and Whereas, Plastic Center, Inc. proposes to construct Nine (9) multi-family residential units on the Property and invest approximately Two Million Four Hundred Thousand Dol- lars $2,400,000 in the construction of the units (the Project); and Whereas, the Project will support the City's efforts to create new housing opportunities for a growing workforce within the community; and Whereas, Plastic Center, Inc. has committed a significant amount of private financing to the Project; and Whereas, the Project is anticipated to apply for and be eligible for City incentives, as described in a housing creation incentives program approved by City Council by Resolu- tion No. 292-22 on September 6, 2022; and Whereas, once completed, the Property is subject to 10 years of urban revitalization tax abatement per Iowa Code Chapter 404; and Whereas, Plastic Center, Inc.’s application to the Workforce Housing Tax Credit Pro- gram, 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 suc- cess of the Project; and Whereas, the City supports said application to the Workforce Housing Tax Credit 24 Program by Plastic Center, Inc. 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 Plastic Center, Inc. for necessary tax credits and other benefits directly contributing to the success of the Project at the Property, located at the Property at 408 W. 5th Street in Dubuque. Passed, approved and adopted this 3rd day of June 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 177-24 SUPPORTING THE SUBMISSION OF AN IOWA ECONOMIC DEVELOPMENT AU- THORITY (IEDA) APPLICATION TO THE WORKFORCE HOUSING TAX CREDIT PROGRAM BY JB LOFTS, LLC Whereas, JB Lofts, LLC owns the following described real property in the City of Dubu- que, Iowa: CITY LOT 449A; S2/5, M1/5, N1/5, N1/2-NM1/5, & S1/2-NM1/5 OF CITY LOT 449; LOTS 1, 2, 4, 2-3, & 1-3 OF S1/2 OF CITY LOT 456; N1/2 OF M1/5 OF CITY LOT 456; locally known as 1301 Central Avenue (the Property); and Whereas, JB Lofts, LLC proposes to construct Thirty (30) multi-family residential units on the Property and invest approximately Seven Million Dollars $7,000,000 in the con- struction of the units (the Project); and Whereas, the Project will support the City's efforts to create new housing opportunities for a growing workforce within the community; and Whereas, JB Lofts, LLC has committed a significant amount of private financing to the Project; and Whereas, the Project is anticipated to apply for and be eligible for City incentives, as described in a housing creation incentives program approved by City Council by Resolu- tion No. 292-22 on September 6, 2022; and Whereas, once completed, the Property is subject to 10 years of urban revitalization tax abatement per Iowa Code Chapter 404; and Whereas, JB Lofts, LLC’s application to the Workforce Housing Tax Credit Program, a copy of which is attached hereto and by this reference made a part hereof, will provide necessary tax credits and other benefits which will directly contribute to the success of the Project; and Whereas, the City supports said application to the Workforce Housing Tax Credit Pro- gram by JB Lofts, LLC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, 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 JB Lofts, LLC for necessary tax credits and other benefits directly contributing to the success of the Project at the Property, located at the Property at 1301 Central Avenue in Dubuque. 25 Passed, approved and adopted this 3rd day of June 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 178-24 SUPPORTING THE SUBMISSION OF AN IOWA ECONOMIC DEVELOPMENT AU- THORITY (IEDA) APPLICATION TO THE WORKFORCE HOUSING TAX CREDIT PROGRAM BY WILSON HOUSE APTS, LLC Whereas, Wilson House Apts, LLC owns the following described real property in the City of Dubuque, 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, Wilson House Apts, LLC proposes to construct five (5) multifamily residential units on the Property and invest approximately One Million Five Hundred Thousand Dol- lars ($1,500,000.00) in the construction of the units (the Project); and Whereas, the Project will support the City's efforts to create new housing opportunities for a growing workforce within the community; and Whereas, Wilson House Apts, LLC has committed a significant amount of private fi- nancing to the Project; and Whereas, the Project is located in the Greater Downtown Urban Renewal Area which has been so designated by City Council 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 Wilson House Apts, LLC have negotiated a Development Agreement for reference dated May 20, 2024, including economic development grants and the issuance of Urban Tax Increment Revenue Obligations, (the Agreement) by Res- olution No. 145-24; and Whereas, once completed, the Property is subject to ten (10) years of urban revitaliza- tion tax abatement per Iowa Code Chapter 404; and Whereas, Wilson House Apts, 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 Wilson House Apts, 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 Wilson House Apts, LLC for necessary tax credits and other benefits 26 directly contributing to the success of the Project at 1243 Locust Street, Dubuque, Iowa 52001. Passed, approved and adopted this 3rd day of June 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Recommendation to Close 15th Street Railroad At-Grade Crossing - Canadian Pa- cific Kansas City Limited Railroad Request: Motion by Roussell to receive and file the documents and adopt Resolution No. 179-24 Authorizing to permanently close the 15th Street railroad at-grade crossing. Seconded by Wethal. City Council Members lauded the city’s data-driven approach to collecting resident input and the possibility of the city be- coming a designated quiet zone. Motion carried 7 -0. RESOLUTION NO. 179-24 AUTHORIZING TO PERMANENTLY CLOSE THE 15TH STREET RAILROAD AT - GRADE CROSSING 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 City with the number of trains passing daily through the downtown urban core of the City dou- bling, from 9 trains to 18 trains by 2027; and Whereas, in consideration of the proposed 14th Street Railroad (vehicular and pedes- trian) Overpass bridge, and the City’s interest in implementing safety improvements at all eleven (11) railroad at-grade crossings in the downtown area; and Whereas, said railroad at-grade crossings improvements would allow the City to re- quest the Federal Railroad Administration establish a Railroad Quiet Zone designation for Dubuque; and Whereas, as part of the CPKC’s efforts to improve safety, and reduce delays at railroad crossings, the railroad has identified safety improvements that will need to be made at the 15th Street crossing location; and Whereas, in lieu of CPKC investing costs at the 15th Street crossing location, the rail- road will compensate the City in the amount of $100,000 for the permanent closure of the existing 15th Street railroad at-grade crossing; and Whereas, to assist with the implementation of the Railroad Quiet Zone, the railroad will support a grant application by the City to the Iowa Department of Transportation for a crossing-closure incentive match payment of an additional $100,000 from the State Iowa Section 130 grant program; and Whereas, there are existing at-grade rail crossings one block to the north at 16th Street and one block to the south at 14th Street; and Whereas, in furtherance of the City efforts to create a Railroad Quiet Zone designation and to end the noise burden of downtown residents, downtown businesses, and guests at locations such as nearby hotels who experience all of the train horn noise 24 hour s a day, it is appropriate to close the 15th Street crossing; and Whereas, the permanent closure of the 15th Street railroad at -grade crossing will im- prove safety and help the City establish a Railroad Quiet Zone designation. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQE, IOWA, THAT: 27 Section 1. The City is hereby authorized to permanent closure of the existing 15th Street railroad at-grade crossing. Section 2. The City Manager is authorized to develop and execute an agreement with Canadian Pacific Kansas City Limited Railroad for the permanent closure of the existing 15th Street at-grade railroad crossing. Passed, approved, and adopted this 3rd day of June 2024 Brad M. Cavanagh, Mayor Attest: Adreinne N. Breitfelder, City Clerk 5. Recommendation for Replacement Agenda and Meeting Management System : Mo- tion by Jones to receive and file the documents and approve executing the agreement with CivicPlus for their Agenda and Meeting Management Select software to replace NovusAGENDA as the city’s software for City Council meeting agendas. Seconded by Sprank. City Council Members thanked the selection committee for their work and em- phasized the necessity for changing the city’s agenda software. Motion carried 7-0. 6. Work Session Request: Chaplain Schmitt Island Redevelopment Plan : Motion by Jones to receive and file the documents and discuss scheduling the work session. Se- conded by Resnick. Council Member Jones suggested modifying the start time to 4:00 p.m. and hosting the session at Q Casino so the City Council could tour their remodeled showroom. Mayor Cavanagh stated many City Council Members may be unable to attend a 4:00 p.m. session and that hosting it in Council Chambers allows the session to be broadcast and recorded for the public. Motion amended by Jones to schedule the work session for July 15, 2024, at 5:30 p.m. in City Council Chambers. Seconded by Resnick. Motion carried 7-0. 7. Work Session Request: Four Mounds Foundation: Motion by Jones to receive and file the documents and schedule the work session for August 5, 2024, at 6:00 p.m. Se- conded by Sprank. Motion carried 7-0. 8. Delivering Dubuque Video - Housing & Community Development: Motion by Rous- sell to receive and file the documents and view the video. Seconded by Jones. Public Information Office staff showed the newest edition of Delivering Dubuque video series, which focuses on the programs offered by the Housing & Community Dev elopment De- partment. The video can be viewed at https://youtu.be/WFBsvZ- ZOmnY?si=EpZbXOb0iVxBHbG3. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Sprank reported on attending the Multicultural Family Center’s Pride Family Festival. Council Member Roussell reported on attending a celebration for Marshallese Consti- tution Day. Council Member Wethal also reported on the Pride Family Festival and further stated that the state’s primary election was occurring on June 4th. Council Member Resnick reported on the City Council’s upcoming goal setting. 28 Council Member Farber reported on attending the Federal Communications Commis- sion’s (FCC) advisory committee meeting last week. Mayor Cavanagh reported on touring Liberty Recovery Center and attending the Amer- ican Flood Coalition Summit in Washington, D.C. CLOSED SESSION Motion by Jones to convene in closed session at 8:08 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 Wethal. Mayor Cavanagh stated for the record that the attorney who will consult w ith City Council on the issues to be discussed in the closed session is City Attorney Brumwell. Motion carried 7-0. The City Council reconvened in open session at 9:14 p.m. stating that staff had been given proper direction. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 9:15 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk