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8 5 24 City Council Proceedings Official Special and RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on August 5, 2024, in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Cavanagh; Council Members Farber, Jones, Resnick, Roussell, Sprank (attended virtually), 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 work sessions on the Schmitt Island Redevelopment Plan and Four Mounds Foundation. WORK SESSIONS 1. Schmitt Island Redevelopment Plan: Dubuque Racing Association President and CEO Alex Dixon and Ryan Peterson from RDG Planning & Design provided an update of progress on the Development Plan for Schmitt Island as a continuation from the July 15, 2024 work session, which was shortened due to a storm. Mr. Dixon and Civil Engineer Nathan Steffen responded to questions from the City Council regarding noise policies at the future amphitheater and future improvements to Miller Riverview Park. This work session concluded at 5:59 p.m. 2. Four Mounds Foundation Presentation: Becky Bodish and Kaniyiah Mattison of Four Mounds and Consultant Ellen Goodmann Miller provided information regarding Four Mounds’ past, current, and future work and initiatives. Ms. Bodish responded to questions from the City Council regarding recruitment efforts and program outcomes. There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:29 p.m. /s/Adrienne N. Breitfelder, 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 August 5, 2024, in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Cavanagh; Council Members Farber, Jones, Resnick, Roussell, Sprank (attended virtually), 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 PROCLAMATION(S) 1. National Health Center Week (August 4 - 10, 2024) was accepted by Chad Woel- bers, Jenn Marvel, and Irene Maun on behalf of Crescent Community Health Center. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Farber. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of July 15, 2024; Civil Service Commission of July 10, 2024; Community Development Advisory Commission of June 26, 2024; Historic Preservation Commission of April 18, 2024 and June 20, 2024; Housing Commission of January 23, 2024; Library Board of Trustees Update of June 27, 2024; Long Range Planning Advisory Commission of February 21, 2024; Zoning Board of Adjustment of June 27, 2024; Proof of Publication for City Council Proceedings of July 1, 2024. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Camille Baker for vehicle damage; Dennis and Juli Geraghty for property damage; Brian and Briony Gillitzer for property damage; William Sand Jr. for property damage; Martin Wing for property damage. Upon motion the docu- ments 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: Briana and Briony Gillitzer for property damage; Martin Wing for property damage. Upon motion the documents were received, filed, and concurred. 4. Expenses submitted for City Council Approval: Upon motion the documents were 3 received and filed, and Resolution No. 232-24 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. 232-24 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 5th day of August 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Resolution Approving Fund Transfers for Special Assessments in Fiscal Year 2024 – Period 13: Upon motion the documents were received and filed, and Resolution No. 233-24 Authorizing the Chief Financial Officer to Make the Appropriate Interfund Trans- fers of Sums and Record the Same in the Appropriate Manner for the FY 2024 for the City of Dubuque, Iowa was adopted. RESOLUTION NO. 233-24 AUTHORIZING THE CHIEF FINANCIAL OFFICER TO MAKE THE APPROPRIATE IN- TERFUND TRANSFERS OF SUMS AND RECORD THE SAME IN THE APPROPRIATE MANNER FOR THE FY 2024 FOR THE CITY OF DUBUQUE, IOWA 4 Whereas, Iowa Administrative Rules Code Section 545 -2.5(5) implements Iowa Code Section 384.18 and provides that the City Council shall approve all transfers of moneys from one budgeted fund to another budgeted fund as provided in Iowa Administrative Rules Code Section 545-2.5(5). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Authorize the Chief Financial Officer to Transfer Funds. That the Chief Fi- nancial Officer be and is hereby authorized by the City Council to make the appropriate interfund transfer of sums and record the same in the appropriate manner for FY 202 4. Section 2. Transfer of Funds. That the Chief Financial Officer will transfer the following sums and to record the same in the appropriate manner: 1. Transfer from the Special Assessments Special Revenue Fund to the General Fund $9,125.57 to reimburse previously assessed sidewalk improvements. 2. Transfer from Special Assessments Special Revenue Fund to the Street Construc- tion Fund $28,541.12 to reimburse previously assessed street improvements. 3. Transfer from Special Assessments Special Revenue Fund to the Road Use Tax Fund $3,388.25 to reimburse previously assessed street improvements. 4. Transfer from the Special Assessments Special Revenue Fund to the Sales Tax Increment Fund $44,022.46 to reimburse previously assessed street improve- ments. 5. Transfer from Special Assessments Special Revenue Fund to the Sanitary Sewer Capital Enterprise Fund $1,053.18 to reimburse previously assessed water im- provements. 6. Transfer from Special Assessments Special Revenue Fund to the Stormwater Cap- ital Enterprise Fund $652.10 to reimburse previously assessed stormwater im- provements. Passed, approved and adopted this 5th day of August 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Request for Proposal (RFP) for Financial Services: Upon motion the documents were received, filed, and approved. 7. September/October 2024 City News Newsletter: Upon motion the documents were received and filed. 8. Community Development Block Grant (CDBG) FY2024 Annual Action Plan Amend- ment #3 Non-Substantial Amendment: Upon motion the documents were received and filed, and Resolution No. 234-24 Adopting the Fiscal Year 2024 (Program Year 2023) Community Development Block Grant (CDBG) Annual Action Plan Amendment #3 Non - Substantial Amendment was adopted. RESOLUTION NO. 234-24 ADOPTING THE FISCAL YEAR 2024 (PROGRAM YEAR 2023) COMMUNITY DEVEL- OPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN AMENDMENT #3 NON- SUBSTANTIAL AMENDMENT 5 Whereas, the City of Dubuque, through a series of public meetings and hearings, pro- posed a Fiscal Year 2024 (Program Year 2023) Community Development Block Grant Annual Action Plan for inclusion in the City Budget addressing housing and non -housing needs in the community; and Whereas, the Community Development Advisory Commission held a public meeting on July 17th, 2024 to receive community input on the Third Non-Substantial Amendment to the Fiscal Year 2024 (Program Year 2023) Community Development Block Grant An- nual Action Plan; and Whereas, the Community Development Advisory Commission unanimously recom- mended the City Council approve Amendment #3 Non-Substantial Amendment to the Fiscal Year 2024 (Program Year 2023) Community Development Block Grant Annual Ac- tion Plan on July 17, 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 2024 (Program Year 2023) Annual Action Plan Amendment #3 Non -Substantial Amendment, attached hereto and by this reference made a part hereof, is hereby approved. Section 2. That the Mayor of the City of Dubuque is hereby authorized to execute the Fiscal Year 2024 (Program Year 2023) Annual Action Plan Amendment #3 Non -Substan- tial Amendment for the use of Community Development Block Grant funds based on this adopted budget and execute standard contracts and agreements. Section 3. That the Mayor of the City of Dubuque is hereby authorized and directed to designate the City Manager or the Housing and Community Development Department Director to execute all related documents on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 5th day of August 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 9. PL84-99 Rehabilitation of Damaged Flood Control Works, Mississippi River Basin, City of Dubuque, Iowa Flood Risk Management System, Dubuque County, Iowa 2023 Flood Event: City Manager provided for entry into the public record, the Notice to Proceed from the Department of the Army, Corps of Engineers (USACE) for the acquisition of any real estate rights for the rehabilitation of the flood control works, as set forth in the Coop- eration Agreement entered into on October 25, 2023, between the U.S. Army Corps of Engineers and the City of Dubuque, Iowa Flood Risk Management System. Upon motion the documents were received and filed. 10. Acceptance of a Storm Water Detention Basin Access Easement from Drake House South, LLC over property at 3100 Cedar Crest Ridge in Dubuque : Upon motion the documents were received and filed, and Resolution No. 235 -24 Accepting a Grant of Storm Water Detention Basin Access Easement through, over and across part of Lot 2 of Cedar Ridge Farm Place # 10, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 235-24 ACCEPTING A GRANT OF STORM WATER DETENTION BASIN ACCESS EASE- MENT THROUGH, OVER AND ACROSS PART OF LOT 2 OF CEDAR RIDGE FARM 6 PLACE # 10, IN THE CITY OF DUBUQUE, IOWA Whereas, Drake House South, LLC has executed a Storm Water Detention Basin Ac- cess Easement through, over and across Part of Lot 2 of Cedar Ridge Farm Place # 10, in the City of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grant of Storm Water Detention Basin Access Easement through, over and across Part of Lot 2 of Cedar Ridge Farm Place # 10, in the City of Dubuque, Iowa from Drake House South, LLC, a copy of which is attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Re- corder and Dubuque County Auditor. Passed, approved and adopted this 5th day of August 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 11. Acceptance of a Grant of Easement for Water Main Utility over Callahan Construc- tion, Inc. property in the City of Dubuque, Iowa as part of the Water Department’s Water Main Creek Crossing Project: Upon motion the documents were received and filed, and Resolution No. 236-24 Accepting a Grant of Easement for Water Main Utility through, over and across part of Lot 2 of Callahan Place, City of Dubuque, Iowa was adopted. RESOLUTION NO. 236-24 ACCEPTING A GRANT OF EASEMENT FOR WATER MAIN UTILITY THROUGH, OVER AND ACROSS PART OF LOT 2 OF CALLAHAN PLACE, CITY OF DUBUQUE, IOWA Whereas, Callahan Construction, Inc., has executed a Grant of Easement for Water Main Utility through, over and across part of Lot 2 of Callahan Place, in the City of Dubu- que, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grant of Easement for Water Main Utility through, over and across part of Lot 2 of Callahan Place, in the City of Dubuque, Iowa as shown on the Grant of Easement for Water Main Utility, from Callahan Construction, Inc., a copy of which is attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Section 3. The City Clerk is hereby authorized to and directed to record this resolution and Grant of Easement for Water Main Utility with the Dubuque County Recorder. Passed, approved and adopted this 5th day of August 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7 12. 2024 Airport ADA Ramp Replacement Award Recording Memo: Upon motion the documents were received and filed, and Resolution No. 237-24 Awarding Public Improve- ment Construction Contract for the 2024 Airport ADA Ramp Replacement Project was adopted. RESOLUTION NO. 237-24 AWARDING PUBLIC IMPROVEMENT CONSTRUCTION CONTRACT FOR THE 2024 AIRPORT ADA RAMP REPLACEMENT PROJECT 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 7th day of June 2024; and Whereas, said sealed proposals were opened and read on the 20th day of June 2024 and it has been determined that Midwest Concrete, Inc. of Peosta, IA submitted the low bid in the amount of $58,987.40, and is the lowest responsive, responsible bidder for th e 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 Midwest Concrete, Inc. and the City Manager is hereby directed to execute a Public Improvement Construction Contract on behalf of the City of Dubuque for the Pr o- ject. Passed, adopted, and approved this 5th day of August 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 13. Pickett Street Rehabilitation Acceptance of Public Improvement Project & Estab- lishing the Final Schedule of Assessments: Upon motion the documents were received and filed, and Resolution No. 238-24 Accepting the Pickett Street Rehabilitation Project and Authorizing the Payment of the Contract Amount to the Contractor and Resolution No. 239-24 Adopting the Final Assessment Schedule for the Pickett Street Rehabilitation Project were adopted. RESOLUTION NO. 238-24 ACCEPTING THE PICKETT STREET REHABILITATION PROJECT AND AUTHORIZ- ING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for Pickett Street Rehabilitation Project (the Project) has been completed by the Contractor, Valentine Construction Co., LLC of Dubuque, IA (Contractor) and the City Engineer has examined the work and filed a cer- tificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be ac- cepted; and Whereas, the final contract amount for the Project is $64,172.30; and Whereas, the Contractor has previously been paid $58,500.00, leaving a balance of $5,672.30; and 8 Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor for the balance of the retainage of $5,672.30 as provided in Iowa Code chapter 573, and to pay such retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code Chapter 26.13. Passed, approved and adopted this 5th day of August 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 239-24 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE PICKETT STREET RE- HABILITATION PROJECT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. After full consideration, the Final Schedule of Assessments as shown on the attached sheet(s), Page 1 to Page 1 inclusive is hereby approved for the Pickett Street Rehabilitation Project. Section 2. There is hereby assessed and levied as a special tax against and upon each of the benefited properties, the respective sums indicated. The amounts shown in said Final Schedule of Assessments as deficiencies are found to be proper and levied condi- tionally against the respective properties benefited by the improvements as shown in the Final Schedule of Assessments, subject to the provisions of Iowa Code §384.63. Said assessments against said lots are hereby declared to be in proportion to the special ben- efits conferred and not in excess of twenty-five percent of the value of same. Section 3. The City Clerk be and is hereby directed to certify the Final Schedule of Assessments to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code §362.3, the first publication of which shall be not more than fifteen days from the date of filing of the Final Schedule of Assessments. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided in Iowa Code §384.60. Section 4. The assessments may be paid in full or in part without interest at the office of the City Engineer, City Hall, 50 W. 13th Street, Dubuque, Iowa, at any time within 30 days after the date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid assessments of $500.00 or more are payable in 15 annual installments at the County Treasurer’s Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and will draw annual interest at three percent (3%) computed to December 1 next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. However, when the last day of September is a Saturday or 9 Sunday, that amount shall be delinquent from the second business day of October. De- linquent installments will draw the same delinquent interest as ordinary taxes. Property owners may elect to pay any annual installments semi-annually in advance. Passed, approved and adopted this 5th day of August 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 14. Locust Street Parking Ramp Repairs Project Award Construction Contract : Upon motion the documents were received and filed, and Resolution No. 240-24 Awarding Pub- lic Improvement Contract for the Locust Street Parking Ramp Repairs Project was adopted. RESOLUTION NO. 240-24 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE LOCUST STREET PARKING RAMP REPAIRS PROJECT Whereas, sealed proposals have been submitted by contractors for the Locust Street Parking Ramp Repairs Project, (the Project) pursuant to Resolution No. 219 -24 and No- tice to Bidders published on the City of Dubuque, Iowa website and plan room service with statewide circulation on the 3rd day of July 2024; and Whereas, said sealed proposals were opened and read on the 23rd day of July 2024 and it has been determined that Restoration & Renovation Services, LLC of Dubuque, Iowa, in the bid amount and alternative of $278,980.00, is the lowest responsive, respon- sible 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 Restoration & Renovation Services, 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, approved, and adopted this 5th day of August 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 15. Pre-Annexation Agreement with David and Randa Chesney and Kellhoff Proper- ties, LLC Located at 10684 Key West Dr.: Upon motion the documents were received and filed, and Resolution No. 241-24 Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and David and Randa Chesney and Kellhoff Properties, LLC was adopted. RESOLUTION NO. 241-24 APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU- QUE, IOWA AND DAVID AND RANDA CHESNEY AND KELLHOFF PROPERTIES, LLC Whereas, David and Randa Chesney and Kellhoff Properties , LLC, the owners of the following described property located at 10684 Key West Drive in Dubuque County, Iowa (the Property) have submitted to the City Council of the city of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: 10 Lot 35, and the Northerly 35 Feet of Lot 34 in the City of Key West, Iowa, according to the recorded plat thereof, subject to easements of record Whereas, David and Randa Chesney and Kellhoff Properties have entered into a Pre- annexation Agreement with the City of Dubuque, a copy of which is attached hereto gov- erning the future annexation of the Property; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future orderly growth and development of the City of Dubuque, and will promote efficient and cost-effective extension of municipal services; and Whereas, the City Council finds that the annexation of the Property is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Pre-annexation Agreement by David and Randa Chesney and Kellhoff Properties, LLC and the City of Dubuque is hereby approved. Passed, approved and adopted this 5th day of August 2024. Brad Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 16. Award of Public Improvement Construction Contract for Jefferson Park Retaining Wall Replacement Project: Upon motion the documents were received and filed, and Res- olution No. 242-24 Awarding the Public Improvement Construction Contract for the Jef- ferson Park Retaining Wall Replacement Project was adopted. RESOLUTION NO. 242-24 AWARDING THE PUBLIC IMPROVEMENT CONSTRUCTION CONTRACT FOR THE JEFFERSON PARK RETAINING WALL REPLACEMENT PROJECT Whereas, sealed proposals have been submitted by contractors for the Jefferson Park Retaining Wall Replacement Project, pursuant to Resolution No. 218 -24 and Notice to Bidders on the 8th day of July, 2024; and Whereas, said sealed proposals were opened and read on the 18th day of July, 2024, and it has been determined that Eastern Iowa Excavating and Concrete, LLC of Dubuque, Iowa, with a bid in the amount of $204,331.40, is the lowest responsive, responsible bid- der 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, approved, and adopted this 5th day of August 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 11 17. Notice of Award & Request to Execute Agreement for 24-25 City of Dubuque Amer- iCorps Program: Creating Opportunities: Upon motion the documents were received, filed, and approved. 18. City Fiscal Year 2025 Update to Dubuque County Resource Enhancement and Protection Program (REAP) 5-Year Plan: Upon motion the documents were received, filed, and approved. 19. Greater Dubuque Development Corporation 2023-2024 Annual Report: Upon mo- tion the documents were received and filed. 20. Signed Contract(s): Origin Design Co. for professional services; Comiskey Park Engagement, Design, Construction Management and Grant Administration Services Amendment #3 with Saiki Design. Upon motion the documents were received and filed. 21. Approval of Retail Tobacco, Alternative Nicotine, and Vapor Product Permit Appli- cations: Upon motion the documents were received and filed, and Resolution No. 243 -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. 243-24 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 6, 2024, to June 30, 2025 Business Name Business Address United Cigar and Tobacco 333 East 10th Street Passed, approved, and adopted this 5th day of August 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 12 the public hearings as indicated. Seconded by Wethal. Motion carried 7 -0. 1. Set Public Hearing to Approve Contract with Tucktara, LLC for Construction of a Single-Family Home on a City-Owned Infill Lot at 2527 Washington Street: Upon motion the documents were received and filed and Resolution No. 244-24 Construction of a Sin- gle-Family Home on a City-Owned Infill Lot Located at 2527 Washington Street, Setting A Time and Place for Hearing, and Providing for the Publication of Noti ce Thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 19, 2024 in the Historic Federal Building. RESOLUTION NO. 244-24 CONSTRUCTION OF A SINGLE-FAMILY HOME ON A CITY-OWNED INFILL LOT LO- CATED AT 2527 WASHINGTON STREET, SETTING A TIME AND PLACE FOR HEAR- ING, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) owns 2527 Washington Street (the Prop- erty) legally described as: Lot 29 in E. Langworthy’s Addition of Part of Mineral Lot 320 in the City of Dubuque, Iowa, according to the recorded plat thereof; and Whereas, the City of Dubuque established a Local Housing Trust Fund which gener- ates program income to contribute to low-moderate income housing activities as directed by the Local Housing Trust Fund Advisory Committee; and Whereas, it is the recommendation of the Local Housing Trust Fund Advisory Commit- tee to enter a contract with Tucktara, LLC, to construct a single -family home in accord- ance with the plans, specifications, terms and conditions set out in said Contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa, proposes to approve the contract for the above-described construction with Tucktara, LLC. Section 2. That the City Council shall conduct a public hearing on the proposed project in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubu- que, Iowa on the 19th day of August 2024, beginning at 6:30 PM. Section 3. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing in the form attached hereto, according to law. Passed, approved, and adopted this 5th day of August 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 2. Well No. 7 Rehabilitation Project 2024 - Phase 2 Initiate Public Bidding and Set the Public Hearing Date: Upon motion the documents were received and filed and Resolution No. 245-24 The Well No. 7 Rehabilitation Project 2024 – Phase 2 - 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 c om- mence at 6:30 p.m. on August 19, 2024 in the Historic Federal Building. RESOLUTION NO. 245-24 13 THE WELL NO. 7 REHABILITATION PROJECT 2024 – PHASE 2, PRELIMINARY AP- PROVAL 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 Well No. 7 Rehabilitation Project 2024 - Phase 2 in the amount of $540,000, 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 19th day of August, 2024, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubu- que, 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 circ ulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. Section 3. The Well No. 7 Rehabilitation Project 2024 - Phase 2 is hereby ordered to be advertised for bids for construction. Section 4. The amount of the security to accompany each bid shall be an amount which shall conform to the provisions of the Notice to Bidders hereby approved. Section 5. The City Water Department Director is hereby directed to advertise for sealed 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 circulation, which notice shall be published not less than thir- teen but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 22nd day of August, 2024. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the 3rd day of September 2024, in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 5th day of August 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Resolution of Necessity for the Proposed Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal Area, Version 2024.1 : Upon motion the documents were received and filed and Resolution No. 246 -24 Authorizing and directing the City Manager to prepare an Amended and Restated Urban Renewal Plan, Version 2024.1, for the Greater Downtown Urban Renewal District and setting the date for a public hearing and consultation on the proposed Amended and Restated Urban Renewal Plan, Version 2024.1, for said district was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 3, 2024 in the Historic Federal Building. 14 RESOLUTION NO. 246-24 AUTHORIZING AND DIRECTING THE CITY MANAGER TO PREPARE AN AMENDED AND RESTATED URBAN RENEWAL PLAN, VERSION 2024.1, FOR THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT AND SETTING THE DATE FOR A PUB- LIC HEARING AND CONSULTATION ON THE PROPOSED AMENDED AND RE- STATED URBAN RENEWAL PLAN, VERSION 2024.1, FOR SAID DISTRICT Whereas, the City Council of the City of Dubuque has heretofore approved the Amended and Restated Urban Renewal Plan (the “Plan” of “Urban Renewal Plan”) for the Greater Downtown Urban Renewal District (the “District”) in order to provide redevelop- ment opportunities which will further the purposes and objectives of the Urban Renewal Plan; and Whereas, City staff has recommended that the Urban Renewal Plan be further amended and restated to remove property from the North Kerper Subarea of the District; and Whereas, Iowa Code Chapter 403 requires that before an Urban Renewal Plan may be modified, the City Council must follow the notification, consultation, and public hearing process set forth herein. 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, Version 2024.1, for the Greater Downtown Urban Renewal District to accomplish the foregoing purposes and objectives, to include in such Amended and Restated Urban Renewal Plan, Version 2024.1, the removal of property from the North Kerper Subarea, any appropriate project activities and details, to deter- mine an appropriate date for and conduct the consultation process required by law with affected taxing entities concerning the proposed Amended and Restated Plan, Version 2024.1. Section 2. That the City Clerk is directed to publish notice of a public hearing on the adoption of an Amended and Restated Urban Renewal Plan, Version 2024.1, for the Greater Downtown Urban Renewal District to be held on the 3rd day of September, 2024, at 6:30 p.m. in the form attached hereto. The notice of said hearing shall generally identify the areas covered by the proposed Amended and Restated Urban Renewal Plan, Version 2024.1, and the general scope of the urban renewal activities planned for such ar eas and said notice shall be published in a newspaper having general circulation within the City not less 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 Economic Development Director is directed to send by ordinary mail a copy of the proposed Amended and Restated Urban Renewal Plan, Version 2024.1, the notice of public hearing, a notice of consultation, and, to the extent the Amended and Restated Urban Renewal Plan, Version 2024.1, includes the use of tax increment revenues for a public building, an analysis of alternative development and fund- ing options for such public buildings, to the Dubuque Community School District Board of Education and Dubuque County Board of Supervisors, as the affected taxing entities. Passed, approved and adopted this 5th day of August 2024. Brad M. Cavanagh, Mayor 15 Attest: Adrienne N. Breitfelder, City Clerk 4. Resolution of Necessity for the Proposed Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal Area, Version 2024.2 : Upon motion the documents were received and filed and Resolution No. 247 -24 Authorizing and directing the City Manager to prepare an Amended and Restated Urban Renewal Plan, Version 2024.2, for the Greater Downtown Urban Renewal District and setting the date for a public hearing and consultation on the proposed Amended and Restated Urban Renewal Plan, Version 2024.2, for said district was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 3, 2024 in the Historic Federal Building. RESOLUTION NO. 247-24 AUTHORIZING AND DIRECTING THE CITY MANAGER TO PREPARE AN AMENDED AND RESTATED URBAN RENEWAL PLAN, VERSION 2024.2, FOR THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT AND SETTING THE DATE FOR A PUB- LIC HEARING AND CONSULTATION ON THE PROPOSED AMENDED AND RE- STATED URBAN RENEWAL PLAN, VERSION 2024.2, FOR SAID DISTRICT Whereas, the City Council of the City of Dubuque has heretofore approved the Amended and Restated Urban Renewal Plan (the “Plan” of “Urban Renewal Plan”) for the Greater Downtown Urban Renewal District (the “District”) in order to provide redevelop- ment opportunities which will further the purposes and objectives of the Urban Renewal Plan; and Whereas, City staff has recommended that the Urban Renewal Plan be further amended and restated to expand the District to include property to be designated as Hawthrone Street Subarea and Locust Street Subarea and to add projects to the Public Purpose Activities; and Whereas, Iowa Code Chapter 403 requires that before an Urban Renewal Plan may be modified, the City Council must follow the notification, consultation, and public hearing process set forth herein. 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, Version 2024.2, for the Greater Downtown Urban Renewal District to accomplish the foregoing purposes and objectives, to include in such Amended and Restated Urban Renewal Plan, Version 2024.2, the addition of property to the District, any appropriate project activities and details, to determine an appropriate date for and conduct the consultation process required by law with affected taxing ent ities concerning the proposed Amended and Restated Plan, Version 2024.2. Section 2. That the City Clerk is directed to publish notice of a public hearing on the adoption of an Amended and Restated Urban Renewal Plan, Version 2024.2, for the Greater Downtown Urban Renewal District to be held on the 3rd day of September 2024, at 6:30 p.m. in the form attached hereto. The notice of said hearing shall generally identify the areas covered by the proposed Amended and Restated Urban Renewal Plan, Version 2024.2, and the general scope of the urban renewal activities planned for such areas and said notice shall be published in a newspaper having general circulation within the City not less than four days nor more than twenty days before the date of said meeting. A copy 16 of the notice of public hearing shall be sent by ordinary mail to the affected taxing entities. Section 3. That the Economic Development Director is directed to send by ordinary mail a copy of the proposed Amended and Restated Urban Renewal Plan, Version 2024.2, the notice of public hearing, a notice of consultation, and, to the extent the Amended and Restated Urban Renewal Plan, Version 2024.2, includes the use of tax increment revenues for a public building, an analysis of alternative development and fund- ing options for such public buildings, to the Dubuque Community School District Board of Education and Dubuque County Board of Supervisors, as the affected taxing entities. Passed, approved and adopted this 5th day of August 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Community Development Block Grant FY25 Annual Action Plan Amendment #1 Set- ting A Public Hearing: Upon motion the documents were received and filed and Resolu- tion No. 248-24 Setting a Public Hearing on the Fiscal Year 2025 (Program Year 2024) Community Development Block Grant (CDBG) Annual Action Plan Amendment #1 was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 16, 2024 in the Historic Federal Building. RESOLUTION NO. 248-24 SETTING A PUBLIC HEARING ON THE FISCAL YEAR 2025 (PROGRAM YEAR 2024) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN AMENDMENT #1 Whereas, the City of Dubuque, through a series of public meetings and hearings, pro- posed a Fiscal Year 2025 (Program Year 2024) Community Development Block Grant Annual Action Plan for inclusion in the City Budget addressing housing and non -housing needs in the community; and Whereas, the City desires to hold a public hearing to receive comment on the proposed first amendment to the Fiscal Year 2025 (Program Year 2024) Community Development Block Grant Annual Action Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council will meet in the Historic Federal Building, Council Chambers, 2nd Floor, 350 West 6th Street, Dubuque, Iowa at 6:30 p.m. on September 16, 2024, for the purpose of holding a public hearing and taking action to include the Fiscal Year 2025 (Program Year 2024) Community Development Block Grant Annual Ac- tion Plan Amendment #1 in the City Budget. Section 2. That the City Clerk is hereby authorized and directed to publish a notice of such public hearing and the City Council’s intent to review and take action on the Fiscal Year 2025 (Program Year 2024) Community Development Block Grant Annual Plan Amendment #1. Passed, approved, and adopted this 5th day of August 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 6. Resolution Setting Public Hearing for Private Lead Service Line Replacement Pilot 17 Program State Revolving Fund (SRF) Loan - Environmental Review Bipartisan Infrastruc- ture Law State Revolving Fund (SRF): Upon motion the documents were received and filed and Resolution No. 249-24 State Revolving Fund (SRF) Loan - Environmental Re- view Private Lead Service Line Replacement Pilot Program - Set the Date for a Public Hearing of the City Council of the city of Dubuque, Iowa on Approval of an Environmental Review as Provided By SRF’s Department of Natural Resources for the Private Lead Service Line Replacement Pilot Program was adopted setting a public hearing for a meet- ing to commence at 6:30 p.m. on September 16, 2024 in the Historic Federal Building. RESOLUTION NO. 249-24 STATE REVOLVING FUND (SRF) LOAN - ENVIRONMENTAL REVIEW PRIVATE LEAD SERVICE LINE REPLACEMENT PILOT PROGRAM, SET THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON APPROVAL OF AN ENVIRONMENTAL REVIEW AS PROVIDED BY SRF’S DEPART- MENT OF NATURAL RESOURCES FOR THE PRIVATE LEAD SERVICE LINE RE- PLACEMENT PILOT PROGRAM Whereas, the City of Dubuque is pursuing an engineered solution to reduce the num- ber of private lead service lines in the City of Dubuque through an Iowa, State Revolving Fund assisted pilot program; and Whereas, as part of the SRF loan process, the City is required to complete an environ- mental review through the public hearing process; and Whereas, a discussion is to be held on the environmental impacts of the project; and Whereas, a transcript of the public hearing and a summary of public comments will be available for public review; and Whereas, before said obligations may be approved, Chapter 403 of the Code of Iowa 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 this Resolution and a Notice to be published as prescribed by Iowa Code Section 364.7 of a public hear- ing on the City Council’s intent to approve the proposed Development Agreement, to be held on the 16th day of September 2024 at 6:30 p.m. Section 2. The City 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, published at least once weekly, and having general circulation in said City, said publica- tion to be not less than thirty (30) days before the date of said hearing. At the hearing, any interested person may appear and file objections to the environmental impact docu- ment or attachments relating to the project. Passed, adopted, and approved this 5th day of August 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk PUBLIC HEARINGS 18 1. Resolution Approving the Proposed Urban Renewal Plan for the Mount Pleasant Place Housing Urban Renewal Area: Motion by Jones to receive and file the documents and adopt Resolution No. 250-24 Approving the Urban Renewal Plan for the Mount Pleas- ant Place Housing Urban Renewal Area. Seconded by Wethal. Susan O’brien, 1585 Wood St., spoke about potential traffic and water impacts and requested a dialogue about these concerns via a neighborhood meeting or city point of contact. In response to the City Council's questions, City Manager Van Milligen provided a summary of the earlier hearings held for the project and outlined the process of the design review team meetings. Van Milligen stated that anyone with questions could contact Associate Planner Shena Moon. The City Council and Van Milligen summarized the process and benefits of Tax Increment Financing (TIF). Motion carried 7-0. RESOLUTION NO. 250-24 APPROVING THE URBAN RENEWAL PLAN FOR THE MOUNT PLEASANT PLACE HOUSING URBAN RENEWAL AREA Whereas, by Resolution 220-24 on July 1, 2024, the City Council of the City of Dubu- que, Iowa authorized the preparation of an Urban Renewal Plan (the “Plan") for the Mount Pleasant Place Housing Urban Renewal Area (the "Area"); and Whereas, the City of Dubuque's primary objective for the Plan is to provide public im- provements related to housing and residential development and provide housing oppor- tunities, including assistance for low and moderate income family housing, which will fur- ther economic development purposes and objectives as described in the Plan in the Area; and Whereas, a consultation process has been undertaken with affected taxing entities in accordance with Chapter 403 of the Code of Iowa with no written objections or recom- mended changes to the Amended and Restated Plan received; and Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public hearing on the proposed Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Urban Renewal Plan for the Mount Pleasant Place Urban Renewal Area, on file in the City Clerk's Office and made reference to herein, is hereby approved. Section 2. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and directed to file a certified copy of this Resolution in the office of the Dubuque County Auditor. Passed, approved and adopted this 5th day of August 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk PUBLIC INPUT Kathy Gorman, 3005 Jackson St., spoke about concerns with the ongoing street clo- sures stemming from the 3000 Jackson Dubuque Brewing and Malting Project and con- cerns regarding how the developer will be held accountable for property cleanup . 19 ACTION ITEMS 1. Tax Increment Ordinance for the Mount Pleasant Place Housing Urban Renewal Area: Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Farber. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 45-24 Providing That General Property Taxes Levied and Collected Each Year on all Property Located Within the Mount Pleasant Place Housing Urban Renewal Area, in the City of Dubuque, County of Dubuque, State Of Iowa, by and for the Benefit of the State of Iowa, City Of Dubuque, County of Dubuque, Dubuque Community School District and Other Taxing Districts, be Paid to a Special Fund for Payment of Principal and Interest On Loans, Mon- ies Advanced to and Indebtedness, Including Bonds Issued or to be Issued, Incurred by said City in Connection with said Mount Pleasant Place Housing Urban Renewal Area. Seconded by Farber. Motion carried 7-0. ORDINANCE NO. 45-24 PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE MOUNT PLEASANT PLACE HOUSING URBAN RENEWAL AREA, IN THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF DUBUQUE, COUNTY OF DUBUQUE, DUBUQUE COMMUNITY SCHOOL DISTRICT AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRE D BY SAID CITY IN CONNECTION WITH SAID MOUNT PLEASANT PLACE HOUSING UR- BAN RENEWAL AREA WHEREAS, the City Council of the City of Dubuque, Iowa, after public notice and hear- ing as prescribed by law and pursuant to Resolution No. 250-24 passed and approved on the 5th day of August, 2024, adopted an Urban Renewal Plan (the "Urban Renewal Plan") for an urban renewal area known as the Mount Pleasant Place Housing Urban Renewal Area (the "Urban Renewal Area"); and WHEREAS, expenditures and indebtedness are anticipated to be incurred by the City of Dubuque, Iowa in the future to finance urban renewal project activities carried out in furtherance of the objectives of the Urban Renewal Plan and the future needs for rede- velopment within the Urban Renewal Area are such as to require the application of the incremental tax resources of the Urban Renewal Area; and WHEREAS, the City Council of the City of Dubuque, Iowa desires to provide for the division of revenue from taxation in the Urban Renewal Area, as above described, in accordance with the provisions of Section 403.19 of the Code of Iowa, as amended, and the Urban Renewal Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 20 DUBUQUE, IOWA: Section 1. For purposes of this Ordinance, the following terms have the following meanings: (a) Urban Renewal Project Area shall include that area described as follows: Lot 2 of Mount Pleasant Place; and Lots 55, 56, 57, and 58 of Rosedale Addition; and Lots 8, 9. 10, and 11 of the Subdivision of Lot 3 of the Subdivision of Mineral Lot No. 178; and Lot 12 of Lot 3 of Mineral Lot 178; and All of the 40’ street right of way lying south of Lots 55, 56, 57, and 58 of Rosedale Addition and lying east of the right of way of Wood Street. All in the City of Dubuque, Iowa. (b) Urban Renewal Plan shall mean the Urban Renewal Plan for the Mount Pleasant Place Housing Urban Renewal Area, approved by Resolution No. 250 -24 on Au- gust 5, 2024, as the same may be amended from time to time. Section 2. That the taxes levied on the taxable property in the Urban Renewal Area, legally described in Section 1 hereof, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and all other tax ing districts from and after the effective date of this Ordinance shall be divided as hereinafter in this Ordinance provided. Section 3. That portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts upon the total sum of the assessed value of the taxable property in the Urban Renewal Area, as shown on the assessment roll as of January 1, 2026, being January 1 of the calendar year preceding the first calendar year in which the City of Dubuque is expected to certify to the County Auditor the amount of loans, advances, indebtedness, or bonds payable from the division of property tax revenue described herein, shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for the taxing district into which all other property taxes are paid. The taxes so determined shall be referred to herein as the "base period taxes" for such Urban Renewal Area. Section 4. That portion of the taxes each year in excess of the base period taxes de- termined for the Urban Renewal Area as provided in Section 3 of this Ordinance shall be allocated to and when collected be paid into a special tax increment fund of the Cit y of Dubuque, Iowa hereby established, to pay the principal of and interest on loans, monies advanced to, indebtedness, whether funded, refunded, assumed or otherwise, including bonds or obligations issued under the authority of Section 403.9 or 403.12 of the Code of Iowa, as amended, incurred by the City of Dubuque, Iowa, to finance or refinance, in whole or in part, urban renewal projects undertaken within the Urban Renewal Area pur- suant to the Urban Renewal Plan, except that (i) taxes for the regular and voter-approved physical plant and equipment levy of a school district imposed pursuant to Iowa Code Section 298.2 and taxes for the instructional support program of a school district imposed pursuant to Iowa Code Section 257.19 (but in each case only to the extent required under Iowa Code Section 403.19(2)); (ii) taxes for the payment of bonds and interest of each taxing district; (iii) taxes imposed under Iowa Code Section 346.27(22) related to joint county-city buildings; and (iv) any other exceptions described in Section 403.19 shall be collected against all taxable property within the Urban Renewal Project Area without any 21 limitation as hereinabove provided. Section 5. Unless or until the total assessed valuation of the taxable property in the Urban Renewal Project Area exceeds the total assessed value of the taxable property in the Urban Renewal Area as shown by the assessment rolls referred to in Section 3 o f this Ordinance, all of the taxes levied and collected upon the taxable property in the Urban Renewal Area shall be paid into the funds for the respective taxing districts as taxes by or for said taxing districts in the same manner as all other property taxes. Section 6. At such time as the loans, advances, indebtedness, bonds and interest thereon of the City of Dubuque, Iowa referred to in Section 4 hereof have been paid, all monies thereafter received from taxes upon the taxable property in the Urban Renewal Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. Section 7. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall be construed so as to fully implement the division of taxes from taxable property in the Urban Renewal Area under the provisions of Section 403.19 of the Code of Iowa. In the event that any provision of this Ordinance shall be determined to be contrary to law it shall not affect other provisions or application of this Ordinance which shall at all times be construed to fully invoke the provisions of Section 403.19 of the Code of Iowa with refer- ence to the Urban Renewal Area and the territory contained therein. Section 8. This Ordinance shall be in effect after its final passage, approval and publi- cation as provided by law. Passed and approved this 5th day of August 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Contract with Neighborly Software for Community Development Project Manage- ment Software as a Service: Motion by Roussell to receive and file the documents and adopt Resolution No. 251-24 Authorizing Execution of Software as a Service Contract with Neighborly Software. Seconded by Wethal. Responding to a question from the City Council, Housing and Community Development Director Alexis Steger summarized the software and its integration with Federal Housing and Urban Development systems. Mo- tion carried 7-0. RESOLUTION NO. 251-24 AUTHORIZING EXECUTION OF SOFTWARE AS A SERVICE CONTRACT WITH NEIGHBORLY SOFTWARE Whereas, the Housing and Community Development Department administers commu- nity development programs funded by multiple funding sources; and Whereas, the automation and streamlining of program data will create efficiencies in workflow of programs and staff capacity; and Whereas, funding for software has been identified, approved, and a sustainability plan created for this software. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the contract with Neighborly Software be approved. 22 Section 2. That the Housing and Community Development Department Director is hereby authorized and directed to execute said Agreement and related documents on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 5th day of August 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 3. Quarterly Rental Licensing & Inspections Update and Presentation of Proposed Pro- gram Changes: Motion by Roussell to receive and file the documents, approve the mod- ified rental inspection program, and view the presentation. Seconded by Jones. Deputy Code Official Ben Pothoff and Housing and Community Development Director Alexis Steger made a presentation on the proposed changes. Responding to questions from the City Council regarding community feedback, Ms. Steger and Mr. Pothoff stated that the proposed changes were well received by both the Dubuque Landlord Association and Iowa CCI. Ms. Steger also outlined the strategy for notifying landlords about the new program, explained how audit inspections will be conducted, and discussed the possible staffing impacts resulting from increased development. In response to a City Council question, City Attorney Brumwell and Ms. Steger clarified why program changes would not be codified. They explained that keeping the authority with the city manager for such changes provides the flexibility needed to make necessary adjustments. In response to a City Council comment suggesting that carbon monoxide detectors be required, Ms. Steger noted that these detectors are currently required in accordance with international codes. City Council Members commended city staff for the program changes and re- sponding to community concerns on the rental inspection cycle. Motion carried 7-0. 4. Work Session Request: Regional Workforce Landscape, and Imagine Dubuque Comprehensive Plan: Motion by Resnick to receive and file the documents and schedule the work session for August 19, 2024, from 5:15 – 6:00 p.m. with the Imagine Dubuque Comprehensive Plan work session immediately following. Seconded by Jones. Motion carried 7-0. 5. Transition Timeline and Request for Work Session for New City Council Agenda Management Software: Motion by Roussell to receive and file the documents and sched- ule the work session for September 16, 2024, at 6:00 p.m. Seconded by Wethal. City Clerk Breitfelder announced that the city plans to tentatively transition to CivicPlus’s Agenda and Meeting Management Select software for city council agendas starting with the City Council meeting on October 7, 2024. Motion carried 7 -0. 6. Creating Housing Opportunities Updated Handout and Video: Motion by Resnick to receive and file the documents and view the video. Seconded by Farber. Public Infor- mation Office staff showed a video highlighting progress on multiple projects. The video can also be viewed at: https://youtu.be/TiSyWqX6PDM. Motion carried 7-0. 7. Next Level Savings Program Video: Motion by Resnick to receive and file the docu- ments and view the video. Seconded by Wethal. Public Information Office staff showed a video on the Next Level Savings Program. The video can also be viewed at: 23 https://youtu.be/UZeQ--BHBPI?si=RNDpw-0E6SPfJ2ma. Motion carried 7-0. 8. 2024 Asphalt Overlay Program Video: Motion by Resnick to receive and file the documents and view the video. Seconded by Farber. Public Information Office staff showed a video on the Public Works Department's 2024 Asphalt Overlay Program. The video can also be viewed at https://youtu.be/H2QF4vplMvQ. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Jones reported on traveling to Altoona for the Community of Charac- ter Award Ceremony. Council Member Farber reported on visiting Google’s headquarters as part of her ser- vice on the National League of Cities Artificial Intelligence (AI) Committee. City Manager Van Milligen stated that Ms. Farber’s AI committee recommended reading “The Alignment Problem.” Council Member Roussell reported on attending the Multicultural Family Center’s Sum- mer Teen Empowerment Program graduation ceremony and Greater Dubuque Develop- ment Corporation’s (GDDC) annual meeting. Council Member Wethal reported on meeting with members of the Dubuque Black Men’s Coalition and Mt. Carmel Bluffs, respectively. Ms. Wethal also reported on attend- ing the Back to School Bash. Council Member Resnick reported on attending the Baseball Extravaganza event at the Mircale League of Dubuque Complex. Mayor Cavanagh reported on the upcoming National Night Out event, welcoming Con- gresswoman Ashley Hinson to Dubuque, welcoming a team from the American Flood Coalition, and GDDC’s annual meeting. Council Member Sprank also reported on National Night Out and working with resi- dents of Alpine Mobile Home Park to form a neighborhood association. CLOSED SESSION Motion by Jones to convene in closed session at 8:33 p.m. to discuss Purchase or Sale of Real Estate – Chapter 21.5(1)(j) Code of Iowa. Seconded by Roussell. Mayor Cavanagh stated for the record that the attorney who will consult with City Council on the issues to be discussed in the closed session is City Attorney Brumwell. Motion carried 7- 0. The City Council reconvened in open session at 9:22 p.m. stating that staff had been given proper direction. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 9:22 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk