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11 4 24 City Council Proceedings Official Special and Regular 1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on November 4, 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, 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 Microsoft Co-Pilot Implementation and a Grant Initiatives and Grant Funding update. WORK SESSIONS Microsoft Co-Pilot Implementation Chief Information Officer Chris Kohlmann presented on the City’s strategy and plans for the implementation of Microsoft CoPilot. City Council Members discussed the upcom- ing launch of the National League of Cities (NLC) Pilot on Artificial Intelligence (AI), an- ticipated future developments in AI, and expressed interest in learning more about the training that will be provided to city staff. This work session concluded at 5:59 p.m. Update on Grant Initiatives and Grant Funding Director of Strategic Partnerships Teri Goodmann, Technical Grant Analyst/Assistant Justin Thiltgen, and Andrew Seth of Sustainable Strategies DC provided an update on grant initiatives and grant funding. A video message from President Joe Biden congratu- lating Goodmann on her upcoming retirement was also shown. There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:29 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 November 4, 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, 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 PROCLAMATIONS 1. Hospice and Palliative Care Month (November 2024) was accepted by Executive Director Lavonne Noel and Board Member Carole Caroll on behalf of Hospice of Dubu- que. 2. National League of Cities Centennial Day (November 7, 2024) was accepted by Mayor Cavanagh on behalf of the City of Dubuque. 3. The 150th Anniversary Year of the Sisters of the Presentation (November 13, 2024) was accepted by Sisters Carmen Hernandez, Marilyn Breen and Marilou Irons o n behalf of the Sisters of the Presentation of the Blessed Virgin Mary of Dubuque, Iowa. 4. Pancreatic Cancer Awareness Day (November 21, 2024) was accepted by Presi- dent Diane Oglesby on behalf of the Michael W. Oglesby Foundation. 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: Airport Commission of September 24, 2024; Arts & Cultural Affairs Advisory Commission of September 24, 2024; Cable Television Commis- sion of February 28, 2024; Community Development Advisory Commission of September 4, 2024; Equity and Human Rights Commission of September 10, 2024; Five Flags Civic Center Commission of June 13, 2024; Historic Preservation Commission of September 19, 2024; Housing Commission of July 23, 2024; Park and Recreation Commission of August 13 and September 10, 2024; Resilient Community Advisory Commission of Sep- tember 5, 2024. Upon motion the documents were received and filed. 3 2. Notice of Claims and Suits: Jacqueline Fetter for personal injury; Roger Wilming for vehicle damage; State Farm Mutual Insurance a/s/o Casey Smith for vehicle damage. Upon motion the documents were received, filed, and referred to the City Attorney. 3. Disposition of Claims: City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- surance Pool: Jacqueline Fetter for personal injury; Roger Wilming for vehicle damage. Upon motion the documents were received, filed, and concurred. 4. Approval of City Expenditures: Upon motion the documents were received and filed, and Resolution No. 342-24 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. 342-24 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 4th day of November 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4 5. Reimbursement Resolution – Fire Facilities and Equipment: Upon motion the docu- ments were received and filed, and Resolution No. 343-24 Relating to the financing of proposed projects and acquisitions to be undertaken by the City of Dubuque, Iowa; es- tablishing compliance with reimbursement bond regulations under th e Internal Revenue Code was adopted. RESOLUTION NO. 343-24 RELATING TO THE FINANCING OF PROPOSED PROJECTS AND ACQUISITIONS TO BE UNDERTAKEN BY THE CITY OF DUBUQUE, IOWA; ESTABLISHING COM- PLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE BE IT RESOLVED by the City Council (the “Council”) of the City of Dubuque, Iowa (the “City”), as follows: Recitals - The Internal Revenue Service has issued Section 1.150-2 of the Income Tax Regulations (the “Regulations”) dealing with the issuance of bonds, all or a portion of the proceeds of which are to be used to reimburse the City for project expenditures made by the City prior to the date of issuance. The Regulations generally require that the City make a prior declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued borrowing and that the borrowing occur and the reimbursement allocation be made from the proceeds of such borrowing within a certain period after the payment of the ex- penditure or the date the projects are placed in service; and The City desires to comply with requirements of the Regulations with respect to certain projects and acquisitions hereinafter identified. Official Intent Declaration. The City proposes to undertake the following projects and acquisitions and to make original expenditures with respect thereto prior to the issuance of bonds, notes or other obligations (the “Bonds”) and reasonably expects to issue the Bonds for such projec ts and acquisitions in the maximum principal amount shown below: Maximum Amount of Bonds Projects/Acquisitions, Expected to be Issued for Projects/Acquisitions Undertaking capital improvements to municipal fire protection buildings and facilities and acquiring vehicles and equipment for the municipal fire department , $4,000,000 Other than (i) expenditures to be paid or reimbursed from sources other than the Bonds or (ii) expenditures made not earlier than sixty days prior to the date of this Resolution or (iii) expenditures amounting to the lesser of $100,000 or 5% of the proceeds of the Bonds or (iv) expenditures constituting preliminary expenditures as defined in Section 1.150- 2(f)(2) of the Regulations, no expenditures for the projects and acquisitions have hereto- fore been made by the City for which the City will seek reimbursement from the proceeds of the Bonds. This declaration is a declaration of official intent adopted pursuant to Section 1.150-2 of the Regulations. Budgetary Matters - As of the date hereof, there are no City funds reserved, allocated on a long term basis or otherwise set aside (or reasonably expected to be reserved, allo- cated on a long term basis or otherwise set aside) to provide permanent financing for the expenditures related to the projects and acquisitions, other than pursuant to the issuance 5 of the Bonds. This resolution, therefore, is determined to be consistent with the City’s budgetary and financial circumstances as they exist or are reasonably foreseeable on the date hereof, all within the meaning and content of the Regulations. Reimbursement Allocations - The City’s finance officer shall be responsible for making the “reimbursement allocations” described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the Bonds to reimburse the source of temporary financing used by the City to make payment of the prior costs of the projects and acqui- sitions. Each allocation shall be evidenced by an entry on the official books and records of the City maintained for the Bonds, shall specifically identify the actual prior expenditure being reimbursed or, in the case of reimbursement of a fund or account, the fund or ac- count from which the expenditure was paid, and shall be effective to relieve the proceeds of the Bonds from any restriction under the bond resol ution or other relevant legal docu- ments for the Bonds, and under any applicable state statute, which would apply to the unspent proceeds of the Bonds. Repealer - All resolutions, parts of resolutions, or actions of the City Council in conflict herewith are hereby repealed, to the extent of such conflict. Passed, approved, and adopted this 4th day of November 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Tschiggfrie Parcel: Upon motion the documents were received and filed, and Reso- lution No. 344-24 Accepting the Deed to Certain Real Estate in Dubuque County, Iowa From Edward And Joan Tschiggfrie was adopted. RESOLUTION NO. 344-24 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM EDWARD AND JOAN TSCHIGGFRIE Whereas, Edward and Joan Tschiggfrie are the owners of the following real estate Lot A of Lot 2 of Lot 1 of “Lott’s Subdivision”, in Section 1, Table Mound Township, in the City of Dubuque, Iowa, according to the recorded plats thereof, subject to easements of record (the Property); and Whereas, in 2002, the City of Dubuque prepared an Acquisition Plat for the Property the intent of which was to allow Edward and Joan Tschiggfrie to convey the Property to the City; and Whereas, the intended conveyance was not finalized; and Whereas, Edward and Joan Tschiggfrie have now requested that the City accept the deed to the Property a copy of which is attached hereto; and Whereas, the City Council finds that the deed should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: 1. The City of Dubuque, Iowa, hereby accepts the Deed from Edward and Joan Tschig- gfrie, a copy of which is attached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution and the Deed with the Dubuque County Recorder. Passed, approved and adopted this 4th day of November 2024. Brad M. Cavanagh, Mayor 6 Attest: Adrienne N. Breitfelder, City Clerk 7. City Hall Annex Roof Replacement Project - Project Code: 5565000001: Upon mo- tion the documents were received and filed, and Resolution No. 345 -24 Accepting the City Hall Annex Roof Replacement Project and Authorizing Final Payment to The Con- tractor was adopted. RESOLUTION NO. 345-24 ACCEPTING THE CITY HALL ANNEX ROOF REPLACEMENT PROJECT AND AU- THORIZING FINAL PAYMENT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the City Hall Annex Roof Replacement Project (the Project) has been completed by the contractor, Giese Roofing Co. (Contrac- tor), and the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $182,160.00; and Whereas, the Contractor has previously been paid $173,052.00, leaving a balance of $9,108.00; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved, and the Project is hereby accepted. Section 2. The Director of Finance and Budget is hereby directed to pay the balance of the retainage of $9,108.00 as provided in Iowa Code chapter 573, and to pay such retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa chapter 26.13. Passed, approved and adopted this 4th day of November 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 8. 2024-2026 Dubuque City Council Goals & Priorities Handout: Upon motion the doc- uments were received and filed. 9. Updated Housing Incentives - New Units Handout: Upon motion the documents were received and filed. 10. Housing Commission Cross Representation Appointment: Housing Commission requested City Council approval on the appointment of commissioner Renee Kehoe, 1209 Lincoln Ave., to the Cross Representation term on the Community Development Advisory Commission that will expire on August 17, 2027. Upon motion the documents were re- ceived, filed, and approved. 11. Grass and weed cutting and garbage collection assessments : Upon motion the documents were received and filed, and Resolution No. 346-24 Authorizing the City to Collect Delinquent Grass and Weed Cutting and Garbage Collection Charges in 7 Accordance with Title 6-4-3A And Title 6-8-2 Of the Code of Ordinances of The City of Dubuque, Iowa was adopted. RESOLUTION NO. 346-24 AUTHORIZING THE CITY TO COLLECT DELINQUENT GRASS AND WEED CUTTING AND GARBAGE COLLECTION CHARGES IN ACCORDANCE WITH TITLE 6-4- 3A and TITLE 6-8-2 OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, residential properties in the City of Dubuque are considered substandard if any conditions exist to an extent that endanger life, limb, health, property, safety or wel- fare of the public or the occupants thereof; and Whereas, whenever in the judgment of the Housing Officer, a nuisance that is “palpably and indisputably such” exists which requires immediate action to protect the public health, safety or welfare of the public, the Housing Officer may order the emergency abateme nt of such; and Whereas, delinquent grass and weed cutting and garbage collection charges shall be certified by the City Clerk to the Dubuque County Treasurer for collection with, and in the same manner as general property taxes; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the persons listed on the attached Grass/Weed/Garbage Assessment Schedule are delinquent in the payment of grass and weed cutting and garbage collection charges: Section 2. That the City Clerk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named on the attached Grass/Weed/Garbage Assessment Schedule are delinquent in the payment of grass and weed cutting and garbage collection charges in the amount set aside of the respective names, and that said amounts shall be collected in the same manner as general property taxes against the respective parcels of property set opposite the names of the owners. Passed, approved and adopted this 4th day of November 2024. Brad M Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk Schedule of Assessments Delinquent Grass and Weed Cutting and Garbage Collection, Location; Owner; Parcel #; Amount; Category 2123 Broadlawn; Lot 2 Blk 6 Hillcrest Park; Freedom Properties LLC 973 Richards Rd Dubuque IA 52003; 1022329005; $213.36; garbage 1116 Rhomberg; Lot 24 Fengler's Add; Zenner, Keith Scott 19349 Fettkether Ln Durango IA 52039; 1118317002; $233.36; garbage 2415 Queen; Lot 2-68 Stafford’s Add; Schmitt, Gary C 41513 Heiderscheit Rd Holy Cross IA 52053; 1013452027; $272.36; garbage 460 W Locust; Lot 2-1 & 2-3 Bowens Sub; Mid America Property Management LLC PO Box 1572 Dubuque IA 52004; 1024179004; $226.36; garbage 2135 Jackson; Lot 1-S 36.6'-E 1/2-Lot 37 L H Langworthy's Add; Mid America Property Management LLC PO Box 1572 Dubuque IA 52004; 1024208017; $251.36; garbage 8 2401 Windsor; Lot 1 of the Sub of Lots 1 & 2-2; And Lot 1-2 Both in Windsor Ave Sub; JK Investments LLC 9120 Long Tail Ln Dubuque IA 52003; 1013453029; $213.36; gar- bage 2286 Central; W 1/2-S 1/2-Lot 18 & W 1/2- N 1/4-Lot 16P L H Langworthy's Add; Wells Fargo Bank 1 Home Campus Des Moines IA 50328; 1024130003; $278.36; garbage 12. School Resource Officer Contract with Dubuque Community School District: Upon motion the documents were received, filed, and approved. 13. Iowa Department of Transportation HMA Resurfacing and Paved Shoulders Project Notification: Correspondence from Jesse Tibodeau, Assistant District Engineer, notifying the City Council of HMA resurfacing and HMA paved shoulders on US -20 from Swiss Valley to Old Highway Road. Upon motion the documents were received and filed. 14. Signed Contract(s): Tricon General Construction, Inc. for the Old Mill Road Lift Station and Force Main Project - Phase 1. Upon motion the documents were received and filed. 15. Improvement Contracts / Performance, Payment, and Maintenance Bonds: East- ern Iowa Excavating & Concrete, LLC for the Iowa Amphitheater at Schmitt Island Bid Package 1: Site Preparation. Upon motion the documents were received, filed, and ap- proved. 16. Approval of 2023 City Council Official Proceedings: Upon motion the documents were received, filed, and approved. 17. Approving a Third Amendment to Development Agreement by and between the City of Dubuque, Iowa and Union at the Marina, LP adding Impact Housing Indiana Corp. as a Party: Upon motion the documents were received and filed, and Resolution No. 347 - 24 Approving A Third Amendment To Development Agreement By And Between The City Of Dubuque, Iowa And Union At The Marina, LP was adopted. RESOLUTION NO. 347-24 APPROVING A THIRD AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BE- TWEEN THE CITY OF DUBUQUE, IOWA AND UNION AT THE MARINA, LP Whereas, the City of Dubuque and Union at the Marina, LP (Developer) entered into a Purchase and Development Agreement dated for reference purposes October 16, 2023 for the development of property located at 1860 Hawthorne Street; and Whereas, City and Developer desire to amend the Development Agreement as set forth in the Third Amendment to Development Agreement attached hereto; and Whereas, it is the determination of the City Council that approval of the Third Amend- ment to Development Agreement, for the development of the Property by Union at the Marina, LP according to the terms and conditions set out in the Third Amendment to De- velopment Agreement, is in the public interest of the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 9 Section 1. That the Third Amendment to Development Agreement by and between the City of Dubuque and Union at the Marina, LP, a copy of which is attached hereto, is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Third Amendment to Development Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the Third Amendment to Development Agreement as herein approved. Passed, approved and adopted this 4th day of November 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 Wethal. Motion carried 7 -0. 1. Resolution Setting a Public Hearing on a Proposed Development Agreement by and between the City of Dubuque and Dubuque Racing Association, Ltd. Providing for the Issuance of Urban Renewal Tax Increment Revenue Grant Obligations Pursuant to the Development Agreement: Upon motion the documents were received and filed and Res- olution No. 348-24 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 Dubuque Racing Association, Ltd., Including The Proposed Issuance Of Urban Renewal Tax Increment Revenue Obligations Relating Thereto And Providing For The Publication Of Notice Thereof was adopted setting a public hearing for a meeting to com- mence at 6:30 p.m. on November 18, 2024 in the Historic Federal Building. RESOLUTION NO. 348-24 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 DUBUQUE RACING ASSOCIATION, LTD., INCLUDING THE PRO- POSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS RE- LATING THERETO AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF WHEREAS, City and Dubuque Racing Association, Ltd. have entered into a Develop- ment 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 approximately 4.9 acres located on leased property due north of 1855 Greyhound Park Rd, Dubuque, Iowa; 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 Dubuque Racing Association, Ltd.; and WHEREAS, it is deemed necessary and advisable that City should authorize Urban 10 Renewal Tax Increment Revenue obligations, as provided by Iowa Code Chapter 403 pursuant 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 DUBU- QUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause a notice to be pub- lished as prescribed by Iowa Code Section 403.9 of a public hearing on the City's intent to au- thorize Urban Renewal Tax Increment Revenue obligations, to be held on the 18th day of No- vember, 2024, at 6:30 p.m. The official agenda will be posted on Friday, November, 15, 2024 and will contain listening, viewing, and public input options. The City Council agenda can be ac- cessed at https://dubuqueia.portal.civicclerk.com/ or by contacting the City Clerk’s Office at 563- 589-4100, ctyclerk@cityofdubuque.org. Section 2. The City Council will meet at said time and place for the purpose of taking action on the matter of authorizing Urban Renewal Tax Increment Revenue obligations and the execu- tion of the Development Agreement relating thereto with Dubuque Racing Association, Ltd., 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, con- sisting of the funding of economic developments grants to Dubuque Racing Association, Ltd. pursuant to the Development Agreement. It is expected that the aggregate amount of the Tax Increment Revenue obligations to be issued will be approximately $2,275,686. 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, published 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 sub- stantially the form attached hereto. Passed, approved and adopted this 4th day of November, 2024. _____________________________________ Brad M. Cavanagh, Mayor Attest: _________________________________ Adrienne N. Breitfelder, City Clerk 11 2. Iowa Amphitheater on Schmitt Island Project - Bid Backage No. 2 (Utilities, Paving & Amphitheater Stage) - Initiate Public Bidding Process and Setting Date for Public Hear- ing: Upon motion the documents were received and filed and Resolution No. 349-24 Iowa Amphitheater On Schmitt Island Project - Bid Package No. 2 (Utilities, Paving & Amphi- theater Stage): Preliminary Approval Of Plans, Specifications, Form Of Contract, And Es- timated Cost; Setting Date Of Public Hearing On Plans, Specifications, Form Of C ontract, 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 November 18, 2024 in the Historic Federal Building. RESOLUTION NO. 349-24 IOWA AMPHITHEATER ON SCHMITT ISLAND PROJECT - BID PACKAGE NO. 2 (UTILITIES, PAVING & AMPHITHEATER STAGE) - PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SET- TING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CON- TRACT, 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 Iowa Amphitheater on Schmitt Island Project - Bid Package No. 2 (Utilities, Paving & Amphitheater Stage) in the estimated construction amount of $9,702,000.00 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 18th day of November, 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 pro- posed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in th e City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or esti- mated cost of the Project. Section 3. The Iowa Amphitheater on Schmitt Island Project - Bid Package No. 2 (Util- ities, Paving & Amphitheater Stage) is hereby ordered to be advertised for bids for con- struction. 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 5th day of December 2024. Bids shall be opened and read by the City Clerk at said time and wi ll be submitted to the City Council for final action at 6:30 p.m. on the 16th day of December 2024, in the Historic 12 Federal Building Council Chambers (and/or by virtual means) 350 West 6th Street, Dubu- que, Iowa. Passed, adopted and approved this the 4th day of November 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Initiate Bid Process and Set Public Hearing for the Bunker Hill Irrigation Replace- ment Project Phase 3: Upon motion the documents were received and filed and Resolu- tion No. 350-24 Bunker Hill Golf Course – Phase 3 Irrigation 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 was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on November 18, 2024 in the Historic Federal Building. RESOLUTION NO. 350-24 BUNKER HILL GOLF COURSE – Phase 3 IRRIGATION Project - 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 Whereas, Bunker Hill Golf Course is a popular community amenity within which the irrigation system is a vital component to playability and maintenance; and Whereas, Phase 3 is the final phase of the project putting the golf course in its’ best position to provide a quality product on an annual basis. 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 Bunker Hill Golf Crouse – Phase 3 Irrigation Project, in the estimated cost amount of $360,000 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 18th day of November 2024, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which 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 con- tract, or estimated cost of the Project. Passed, approved and adopted this 4th day of November 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk BOARDS/COMMISSIONS Appointments were made to the following boards/commissions. 13 1. Catfish Creek Watershed Management Authority: One, 4-Year term through July 16, 2028 (Vacant term of McGovern). Applicant: William H. Hendricks, 1801 S. Grandview. Motion by Jones to appoint Hendricks to the term. Seconded by Roussell. Motion carried 7-0. 2. Equity and Human Rights Commission: One, 3-Year term through January 1, 2026 (Vacant term of Sanchez). Applicants: Luselena Bravo, 781 Cottage Place; Traci Phillip- son, 2120 Rhomberg Ave. Upon roll call vote, Bravo was appointed to the term, receiving all 7 votes. PUBLIC HEARINGS 1. 2024 SRF Green Alley Project Public Hearing: Motion by Wethal to receive and file the documents and adopt Resolution No. 351-24 Approval of Plans, Specifications, Form of Contract, And Estimated Cost for the 2024 SRF Green Alley Project. Seconded by Sprank. Motion carried 7-0. RESOLUTION NO. 351-24 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI- MATED COST FOR THE 2024 SRF GREEN ALLEY PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the plans, specifications, form of contract and cost for the 2024 SRF Green Alley Project in the estimated amount $1,342,614.00, are hereby approved. Passed, approved and adopted this 4th day of November 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. 2024 SRF Green Alley Project Special Assessments : Motion by Jones to receive and file the documents and adopt Resolution No. 352 -24 With Respect to The Adoption of The Resolution of Necessity Proposed for The SRF Green Alley Bid 2024 SRF Green Alley Project and Resolution No. 353-24 Approving Schedule of Assessments and Esti- mate of Total Cost for the 2024 SRF Green Alley Bid Project. Seconded by Wethal. Mo- tion carried 7-0. RESOLUTION NO. 352-24 WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PRO- POSED FOR THE SRF GREEN ALLEY BID 2024 SRF GREEN ALLEY PROJECT Whereas, the City Council has proposed a Resolution of Necessity for the 2024 SRF Green Alley Bid Project and has given notice of the public hearing thereon as required by law; and Whereas, the public hearing has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and Whereas, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity. 14 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed Resolution of Necessity described above is hereby: Adopted, without amendment, and all objections filed or made having been duly considered are overruled. Passed, adopted and approved this 4th day of November 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 353-24 APPROVING SCHEDULE OF ASSESSMENTS AND ESTIMATE OF TOTAL COST FOR THE 2024 SRF GREEN ALLEY BID PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the [provided] plat, schedule of assessments, and estimate of total cost for the 2024 SRF Green Alley Bid Project are hereby approved. Passed, approved and adopted this 4th day of November 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Petition to Vacate the Alley Right of Way in the block bounded by Finley Street, Green Street, and Bunker Hill Road in Finley’s Addition in the City of Dubuque, Iowa For Vacating Petition (Agreement Between City of Dubuque and Interstate Power and Light): Motion by Roussell to receive and file the documents and adopt Resolution No. 354 -24 Vacating The Alley Between The West Line Of Finley Street And The East Line Of Bunker Hill Road, In Finley’s Addition To The City Of Dubuque, In The City Of Dubuque, Io wa, To Be Known As Lot 186A Finley’s Addition In The City Of Dubuque, Iowa and Resolution No. 355-24 Disposing Of City Interest In Lot 186A Finley’s Addition In The City Of Dubu- que, Iowa. Seconded by Wethal. Motion carried 7 -0. RESOLUTION NO. 354-24 VACATING THE ALLEY BETWEEN THE WEST LINE OF FINLEY STREET AND THE EAST LINE OF BUNKER HILL ROAD, IN FINLEY’S ADDITION TO THE CITY OF DUBUQUE, IN THE CITY OF DUBUQUE, IOWA, TO BE KNOWN AS LOT 186A FIN- LEY’S ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque has entered into an agreement with Interstate Power Company for the conveyance of City Owned property comprised of the Alley Between the West Line of Finley Street and the East Line of Bunker Hill Road, in Finley’s Addition to the City of Dubuque, in the City of Dubuque, Iowa to accommodate the construction of a new power substation facility; and Whereas, Interstate Power and Light Company has requested the vacation of the Alley Between the West Line of Finley Street and the East Line of Bunker Hill Road, in Finley’s Addition to the City of Dubuque, in the City of Dubuque, Iowa and the conveyance o f said property to Interstate Power and Light Company per said agreement; and Whereas, Atwell Group has prepared and submitted to the City Council a plat showing the proposed vacated Alley Between the West Line of Finley Street and the East Line of 15 Bunker Hill Road, in Finley’s Addition to the City of Dubuque, in the City of Dubuque, Iowa and assigned a lot number thereto, to be known as Lot 186A Finley’s Addition in the City of Dubuque, Iowa; and Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 25th day of October 2024, the City Council of the City of Dubuque, Iowa met on the 4th day of November 2024, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa to consider the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written to the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa, has determined that the pro- posed vacation of Lot 186A Finley’s Addition in the City of Dubuque, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 186A Finley’s Addition in the City of Dubuque, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 4th day of November 2024 Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 355-24 DISPOSING OF CITY INTEREST IN LOT 186A FINLEY’S ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 25th day of October 2024, the City Council of the City of Dubuque, Iowa met by virtual means on the 4th day of November, 2024, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate de- scribed as: Lot 186A Finley’s Addition in the City of Dubuque, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written to the proposal to sell such real estate. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the conveyance of City of Dubuque real property described as Lot 186A Finley’s Addition in the City of Dubuque, Iowa, to Interstate Power and Light Company be and the same is hereby approved. Conveyance shall be by Quit Claim Deed. Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of con- veyance to Interstate Power and Light Company. 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. 16 Passed, approved and adopted this 4th day of November 2024 Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Kerper Boulevard Lift Station Project Public Hearing: Motion by Sprank to receive and file the documents and adopt Resolution No. 356-24 Approval of Plans, Specifica- tions, Form of Contract, And Estimated Cost for The Kerper Blvd Lift Station Project. Se- conded by Jones. Motion carried 7-0. RESOLUTION NO. 356-24 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI- MATED COST FOR THE KERPER BLVD LIFT STATION PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached plans, specifications, form of contract and estimate of total cost for the for the Kerper Blvd Lift Station Project in the estimated construction amount of $1,626,615.00, are hereby approved. Passed, adopted and approved this the 4th day of November 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Broadway Sanitary Sewer Improvements Project Public Hearing: Motion by Jones to receive and file the documents and adopt Resolution No. 357-24 Approval Of Plans, Specifications, Form Of Contract, And Estimated Cost For The Broadway Street Sanitary Sewer Improvement Project. Seconded by Farber. Motion carried 7-0. RESOLUTION NO. 357-24 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI- MATED COST FOR THE BROADWAY STREET SANITARY SEWER IMPROVEMENT PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached plans, specifications, form of contract and estimate of total cost for the for the Broadway Street Sanitary Sewer Improvement Project in the estimated con- struction amount of $321,946.00, are hereby approved. Passed, adopted and approved this the 4th day of November 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Ruby Sutton Building 2nd Floor Renovation Project Public Hearing : Motion by Sprank to receive and file the documents and adopt Resolution No. 358 -24 Approval of Plans, Specifications, Form of Contract, And Estimated Cost for The Ruby Sutton Building 2nd Floor Renovation Project. Seconded by Jones. Motion carried 7 -0. RESOLUTION NO. 358-24 17 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI- MATED COST FOR THE RUBY SUTTON BUILDING 2ND FLOOR RENOVATION PRO- JECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plans, specifications, form of contract and cost for the for the Ruby Sutton Building 2nd Floor Renovation Project in the estimated Base Bid amount of $840,000.00, are hereby approved. Passed, approved and adopted this 4th day of November 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7. Resolution Approving a Development Agreement by and between the City of Dubu- que, Iowa and Dubuque Housing, LLC: Motion by Roussell to receive and file the docu- ments and adopt Resolution No. 359-24 Approving A Development Agreement by And Between the City of Dubuque, Iowa And Dubuque Housing, LLC, Including The Issuance Of Urban Renewal Tax Increment Revenue Obligations. Seconded by Wethal. Megan Carr, speaking on behalf of the developer, shared that they aim to complete the project by fall 2025. Motion carried 7-0. RESOLUTION NO. 359-24 APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE HOUSING, LLC, INCLUDING THE ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS Whereas, the City Council, by Resolution No. 338-24, dated October 21, 2024, de- clared its intent to enter into a Development Agreement by and between the City of Dubu- que, Iowa and Dubuque Housing, LLC, including the issuance of Urban Renewal Tax Increment Revenue Obligations; and Whereas, pursuant to published notice, a public hearing was held on the proposed Development Agreement on November 4, 2024, at 6:30 p.m.; and Whereas, it is the determination of the City Council that approval of the Development Agreement for the creation of low and moderate income housing is in the public interest of the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Development Agreement by and between the City of Dubuque, Iowa and Dubuque Housing, LLC, is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute the Development Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. The City Manager is authorized to take such actions as are necessary to comply with the terms of the Development Agreement as herein approved. Passed, approved and adopted this 4th day of November, 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 18 8. Public Hearing to approve the revised Administrative Plan for the Housing Choice Voucher Program: Motion by Jones to receive and file the documents and adopt Resolu- tion No. 360-24 Resolution Approving the Revision of The Public Housing Authority (PHA) Administrative Plan for The Housing Choice Voucher Program. Seconded by Resnick. In response to City Council questions, Housing and Community Development Director Alexis Steger explained that the minor plan revision adjusts the small area market rate to align with the federal rate. Steger also provided an overview of the voucher allotment review process. Motion carried 7-0. RESOLUTION NO. 360-24 APPROVING THE REVISION OF THE PUBLIC HOUSING AUTHORITY (PHA) ADMIN- ISTRATIVE PLAN FOR THE HOUSING CHOICE VOUCHER PROGRAM Whereas, the City of Dubuque is designated as a Public Housing Authority; and Whereas, the City of Dubuque maintains a comprehensive Public Housing Authority Administrative Plan; and Whereas, the City of Dubuque desires to revise said Public Housing Authority Admin- istrative Plan; and Whereas, the Housing Commission held public meetings to review the Chapter 16 re- visions of the plan; and Whereas, on October 22, 2024, the Housing Commission approved and recommended City Council’s adoption of the revised Administrative Plan; and Whereas, the Housing & Community Development Department will submit the revised Administrative Plan to the U.S. Department of Housing & Urban Development for final approval, after City Council approval. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Public Housing Authority (PHA) has revised the Administrative Plan for the Housing Choice Voucher Program, and the Housing Commission has approved all revisions to the Public Housing Authority Administrative Plan for the Housing Choice Voucher Program. Section 2. The City Council has approved the revision to the Public Housing Authority Administrative Plan for the Housing Choice Voucher Program. Section 3. The Housing & Community Development Director is hereby directed to sub- mit the revised Public Housing Authority Administrative plan to the U.S. Department of Housing and Urban Development as required. Passed, approved and adopted this 4th day of November 2024. Brad M Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk PUBLIC INPUT Dan Walsh, 1219 Arrowhead Dr.; Tut Fuller, 1145 S. Grandview; and Tyson Leyen- decker, 1760 Overview Ct., all representing Capra Bank, spoke regarding Action Item No. 1, expressing concerns with the recommendation of Dubuque Bank and Trust as the City's financial services provider. They cited Dubuque Bank and Trust’s impending sale to an out-of-state entity and stressed the importance of partnering with local banks. Mr. 19 Walsh noted that Capra submitted a dispute regarding Dubuque Bank and Trust's Re- quest for Proposals (RFP) submission on October 18, which was denied by the City Man- ager on October 23. He suggested that the City Council consider tabling the action item. Kevin Finke, 6447 Torrey Pines Dr., of Dubuque Bank and Trust, read a letter on behalf of Drew Townsend, the bank's President and CEO, thanking the City for its recommen- dation. John Schmidt, 1075 Bonnie Ct.; and Thomas Flynn, 21475 Girl Scout Rd., also spoke in support of Dubuque Bank and Trust, highlighting the local employment base of the bank. ACTION ITEMS 1. Commercial Banking Services Recommendation: Motion by Roussell to receive and file the documents and approve Dubuque Bank and Trust as the bank to provide financial services to the City of Dubuque for a five-year period. Seconded by Jones. Chief Financial Officer Jennifer Larson made a presentation. Brumwell confirmed that Iowa Code §362.5 specifies that a city official is not in conflict of interest when voting on a contract with a corporation in which they or their immediate family own less than five percent of the cor- poration’s stock. Mayor Cavanagh stated that some of his family members hold stock in HTLF, the parent company of Dubuque Bank and Trust, but clarified that this does not create a conflict of interest, as their holdings are below the 5% threshold. Van Milligen summarized the city’s investment process, including the involvement of the Investment Oversight Advisory Commission, and explained that other priorities, such as the Enter- prise Resource Planning (ERP) implementation and the recently completed pay and clas- sification study, had delayed a re-evaluation of the city’s banking services. He noted that the RFP required a bank to have a staffed local branch. In response to questions, Larson explained that various financial records have different retention requirements. City Coun- cil Members expressed interest in learning how other Iowa cities solicit banking services and how to assess the reinvestment of the bank’s funds within the community. Van Milli- gen committed to city staff researching these areas for the next RFP. Larson stated that while most cities conduct an RFP for banking services, she was unsure of the typical contract terms. Historically, the city has used a five-year contract period but has not ad- hered to it recently due to ERP implementation. Van Milligen noted that the extensive process involved in changing financial institutions warranted the five-year timeframe. The City Council discussed the expertise of the RFP review committee and the strong evalu- ation criteria used in making this recommendation. They also indicated their preference for the re-evaluation of banking services through an RFP every five years. Motion carried 7-0. 2. Proposed Modification to the Downtown Rehabilitation Program Awards : Motion by Jones to receive and file the documents and adopt Resolution No. 361-24 Authorizing the City Manager to Amend the City of Dubuque Downtown Rehabilitation Grant Award Pro- gram. Seconded by Resnick. City Council Members praised the changes, noting they had received positive feedback. Motion carried 7-0. RESOLUTION NO. 361-24 20 AUTHORIZING THE CITY MANAGER TO AMEND THE CITY OF DUBUQUE DOWN- TOWN REHABILITATION GRANT AWARD PROGRAM Whereas, the City Council of the City of Dubuque, Iowa has created a Downtown Re- habilitation Grant Program (the Program) for purpose of stimulating reinvestment in the Greater Downtown Urban Renewal Area; and Whereas, the Program provides for incentives which have assisted in the rehabilitation of seventy-two properties since its inception; and Whereas, City Council has determined that amending the guidelines for the Program will encourage additional redevelopment efforts within the Greater Downtown Urban Re- newal Area; and Whereas, the City Council has determined that the City Manager should be granted the authority to amend the Program to modify the guidelines. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Manager is authorized to amend the guidelines for the Downtown Rehabilitation Grant Program as needed to accommodate projects in a flexible manner. Passed, approved, and adopted this 4th day of November 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Resolution Authorizing the Submission of an Iowa Economic Development Authority Business Financial Assistance Application by Universal Tank & Fabrication Inc.: Motion by Resnick to receive and file the documents and adopt Resolution No. 362-24 Authoriz- ing the Filing of An Application with The Iowa Economic Development Authority for Busi- ness Financial Assistance on Behalf of Universal Tank & Fabrication, Inc. Seconded by Wethal. City Council Members expressed enthusiasm for the expansion. Motion carried 7-0. RESOLUTION NO. 362-24 AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA ECONOMIC DE- VELOPMENT AUTHORITY FOR BUSINESS FINANCIAL ASSISTANCE ON BEHALF OF UNIVERSAL TANK & FABIRCATION, INC. Whereas, Universal Tank & Fabrication, Inc. is a Delaware corporation manufacturing custom fabricated pressure vessels and tanks at its Facility in Dubuque, Iowa; and Whereas, Universal Tank & Fabrication, Inc. has proposed making a Seven Million Two Hundred Fifty Thousand Dollar investment to expand its Facility (the Project); and Whereas, financial assistance from the Iowa Economic Development Authority is de- signed to assist in the economic development efforts of local jurisdictions; and Whereas, the City Council of the City of Dubuque, Iowa has considered the Project and determined that the proposed Project will contribute to the local economy through the creation of ten (10) full-time jobs in the City of Dubuque; and Whereas, the City of Dubuque, Iowa is eligible to apply for funding from the Iowa Eco- nomic Development Authority Business Financial Assistance Program on behalf of Uni- versal Tank & Fabrication, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: 21 Section 1. The filing of an Application for participation in the Iowa Economic Develop- ment Authority’s Business Financial Assistance Program on behalf of Universal Tank & Fabrication, Inc., a copy of which is attached hereto, is hereby approved. Section 2. The Mayor is hereby authorized to execute and the City Manager is hereby directed to submit the Application to the Iowa Economic Development Authority together with such other documents as may be required. Passed, approved, and adopted this 4th day of November 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Pest Infestation Enforcement, Including Bed Bugs: 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. Steger summarized the proposed changes that clarify the responsibility for treating pest infestations and stated that another treat- ment will be required for several units at the Roosevelt West apartment complex that is currently experiencing an infestation. Brumwell referenced Iowa Code §562A regarding landlord and tenant financial responsibilities regarding infestations. City Council Members commended residents for relaying their concerns to the city. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 60-24 Amending City Of Dubuque Code Of Ordinances Title 14 Building And Development, Chapter 1 Building Codes, Article J Property Maintenance Code, Section 14-1J-2 International Prop- erty Maintenance Code Amendments. Seconded by Farber. Motion carried 7-0. ORDINANCE NO. 60-24 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE J PROPERTY MAINTE- NANCE CODE, SECTION 14-1J-2 INTERNATIONAL PROPERTY MAINTENANCE CODE AMENDMENTS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1J-2 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1J-2: INTERNATIONAL PROPERTY MAINTENANCE CODE AMENDMENTS: The following additions, deletions, modifications, or amendments of the International Property Maintenance Code, 2021 edition, adopted in section 14 -1J-1 of this article to read as follows: . . . . Section 309. Pest Elimination. Amended to read: 309.1 Infestation. Structures shall be kept free from the infestation of insects, rodents, or other pests. Structures in which insects, rodents, or other pests are found shall be promptly treated by approved processes that will not be injurious to human he alth. After pest elimination, proper precautions shall be taken to prevent reinfestation. 309.1.1 Owner. The owner of any structure shall be responsible for pest elimination within the structure prior to renting or leasing the structure. 22 309.1.2 Occupant. The occupant of any structure shall cooperate with the reason- able pest elimination efforts of the owner or owner’s authorized agent. 309.2 Single occupant. The occupant of a one -family dwelling or of a single-tenant nonresidential structure shall be responsible for pest elimination on the premises. Exception: Where the infestation is caused by defects in the structure the owner shall be responsible for pest elimination. 309.3 Multiple occupancy. The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house, or a nonresidential structure shall be re- sponsible for pest elimination. If infestation is caused by failure of an occupant of a single dwelling unit to prevent such infestation in the area occupied, the occupant and owner shall be responsible for pest elimination. . . . . Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 4th day of November 2024. Brad Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 5. Work Session Request: Introduction to the Office of Community Impact and Review of the Equitable Fine and Fee Service Program: Motion by Resnick to receive and file the documents and schedule the work session for November 18, 2024, at 5:15 p.m. Se- conded by Sprank. Motion carried 7-0. 6. New Housing Projects Update Video: Motion by Jones to receive and file the docu- ments and view the video. Seconded by Resnick. Public Information Office staff showed a video featuring footage of examples of new housing projects throughout the community. The video can be seen at: https://youtu.be/0PHmgW1v-Ro?si=YTr6tpUnoZa6BHUL. Mo- tion carried 7-0. COUNCIL MEMBER REPORTS Mayor Cavanagh reported on the first Denver Air Connection commercial flight to Dubuque and recent fundraisers for the Dubuque Museum of Art and the National Mis- sissippi River Museum and Aquarium. Council Member Jones reported on the recent passing of former Fire Chief Bill Miller. Council Member Farber reported on the upcoming retirement of Goodmann and the upcoming election. Council Member Roussell reported on William Intriligator’s 25th anniversary as Music Director and Conductor of the Dubuque Symphony Orchestra. Council Member Wethal thanked candidates running for political office. CLOSED SESSION Motion by Jones to convene in closed session at 8:49 p.m. to discuss Purchase or Sale of Real Estate – Chapter 21.5(1)(j) Code of Iowa. Seconded by Wethal. 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. 23 The City Council reconvened in open session at 9:30 p.m. stating that staff had been given proper direction. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 9:30 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk