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12 2 24 City Council Proceedings Official Regular1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on December 2, 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. Eradication of Generational Poverty Day (December 7, 2024) was accepted by Sa- mantha Hastings on behalf of the Fountain of Youth Program. 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: Cable TV Commission of October 23, 2024; City Council Proceedings of November 18, 2024; Community Development Advisory Commis- sion of October 16, 2024; Equity and Human Rights Commission of October 8, 2024; Five Flags Civic Center Advisory Commission of September 9, 2024; Historic Preservation Commission of October 17, 2024; Library Board of Trustees Update of October 24, 2024; Park and Recreation Commission of October 15, 2024; Zoning Advisory Commission of October 2, 2024; Zoning Board of Adjustment of October 24, 2024. Upon motion the doc- uments were received and filed. 2. Notice of Claims and Suits: Denise Ellison for personal injury; Bryn Kittle for vehicle damage. Upon motion the documents were received, filed, and referred to the City Attor- ney. 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: Jamie Doyle for personal injury and vehicle damage; Denise Ellison for personal injury. 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. 388-24 Authorizing the Chief Financial Officer/City Treasurer to make 2 certain payments of bills that must be paid and approved for payment in accordance with City procedures was adopted. RESOLUTION NO. 388-24 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 2nd day of December 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Investment and Debt Management Software Recommendation : City Manager rec- ommended City Council approval of SymPro Treasury Management Solutions for the City’s investment and debt management software. Upon motion the documents were re- ceived, filed, and approved. 6. Fiscal Year 2024 City Street Financing Report: Upon motion the documents were received and filed. 7. Application for EPA Brownfields Assessment Grant : City Manager recommended City Council approval to apply for a 2025 round of EPA Brownfields Assessment Grant in an amount of $500,000. Upon motion the documents were received, filed, and approved. 3 8. Updated Boards and Commissions Application and Demographic Information : Upon motion the documents were received and filed. 9. 2024 Maintenance Dredging Project No. 1 - Acceptance of Public Improvement Con- struction Contract - Project Number: 5546000001-304-67990 Harbor Area Dredging: Upon motion the documents were received and filed, and Resolution No. 389 -24 Accept- ing The 2024 Maintenance Dredging Project No. 1 And Authorizing Final Payment to The Contractor was adopted. RESOLUTION NO. 389-24 ACCEPTING THE 2024 MAINTENANCE DREDGING PROJECT no. 1 AND AUTHOR- IZING FINAL PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the 2024 Maintenance Dredging Project No. 1, (the Project) has been completed by the Contractor, Newt Marine Service of Dubu- que Iowa (Contractor), the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $311,300.00; and Whereas, the Contractor has previously been paid $202,867.75, leaving a credit refund balance of $108,432.25. 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 the Contractor for the balance of the retainage of $108,432.25 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 2nd day of December 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 10. Seippel Road Water Main Lowering Project - Acceptance of Public Improvement Construction Contract - Project Code: 4281000059: Upon motion the documents were received and filed, and Resolution No. 390-24 Accepting the Seippel Road Water Main Lowering Project And Authorizing Final Payment To The Contractor was adopted. RESOLUTION NO. 390-24 ACCEPTING THE SEIPPEL ROAD WATER MAIN LOWERING PROJECT AND AU- THORIZING FINAL PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the Seippel Road Water Main Lowering Project, (the Project) has been completed by the Contractor, Top Grade Excavating, Inc. of Farley Iowa (Contractor), the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $172,651.98; and 4 Whereas, the Contractor has previously been paid $164,019.38, leaving a balance of $8,632.60; 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 Finance Director is hereby directed to pay the Contractor for the balance of the retainage of $8,632.60 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 2nd day of December 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 11. Travel Dubuque Request for Funding for Field of Dreams Project: City Manager recommended City Council approval of the Memorandum Agreement with Travel Dubu- que regarding funding for the Field of Dreams Project. Upon motion the documents were received, filed, and approved. 12. Signed Contract(s): Strand Associates, Inc. for Amendment No. 2 to Task Order No. 22-03 for the Water Treatment Plant and Water Distribution System Supervisory Con- trol and Data Acquisition System Upgrade. Upon motion the documents were received and filed. BOARDS/COMMISSIONS Applications were reviewed for the following Boards and Commissions. Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. 1. Arts and Cultural Affairs Advisory Commission : One, 3-Year term through June 30, 2025 (Vacant Business Professional, lives or works inside cultural district term of Robins); One, 3-Year term through June 30, 2026 (Vacant Public Member 3 term of Riedel); One, 3-Year term through June 30, 2027 (Vacant Business Professional Term of Neuhous). Applicants: David Barba, 2400 Central Ave. (qualifies for Public Member 3 and Business Professional terms); Gail Chavenelle, 1155 Kelly Ln. (qualifies for Public Member 3 and Business Professional terms); Aaron Hefel, 515 1/2 W. 8th St. (qualifies for Business Professional, lives or works inside cultural district; Public Member 3 and Business Pro- fessional terms); Bree Hernandez, 1298 Locust St. (qualifies for Business Professional, lives or works inside cultural district; Public Member 3 and Business Professional terms); and Jessica Ochoa, 1970 Hale St. (qualifies for Public Member 3 and Business Profes- sional terms). Briana Thompson, 1268 Locust St., spoke in support of applicants Barba and Hernandez. Hefel spoke in support of his application. 5 2. Equity and Human Rights Commission: One, 3-Year term through January 1, 2027 (Vacant term of Sampson-Brown). Applicants: DeLano Cain-Watson, 994 Patricia Ann Dr.; Traci Phillipson, 2120 Rhomberg Ave. Cain-Watson spoke in support of his applica- tion. Appointments were made to the following boards/commissions. 1. Housing Appeals and Mediation Board: One, 3-Year term through January 1, 2027 (Vacant term of Spence). Applicant: Cole Hansen, 408 Burch St. Motion by Roussell to appoint Hansen to the term. Seconded by Sprank. Motion carried 7 -0. 2. Housing Commission: Two, 3-Year terms through August 17, 2027 (Vacant terms of White and Wooden). Applicants: Matt Henick, 2115 Golden Eagle Dr. (Additional Appli- cant); David Wall, 1710 ½ White St. Motion by Jones to appoint Henick and Wall to the terms. Seconded by Roussell. Motion carried 7-0. 3. Resilient Community Advisory Commission: One, 3-Year term through July 1, 2026 (Vacant term of Chamberland). Applicant: David McDermott, 919 Kirkwood St. Motion by Jones to appoint McDermott to the term. Seconded by Farber. Motion carried 7-0. PUBLIC HEARINGS 1. Resolution Approving a Proposed Development Agreement with Miller Companies, LLC: Motion by Resnick to receive and file the documents and adopt Resolution No. 391 - 24 Approving A Development Agreement by and Between the City of Dubuque, Iowa and Miller Companies, LLC, Including the Proposed Issuance of Urban Renewal Tax Incre- ment Revenue Obligations. Seconded by Jones. City Council Members expressed ex- citement about the number of Development Agreements up for consideration at tonight’s meeting and the positive impact they are expected to have. Motion carried 7 -0. RESOLUTION NO. 391-24 APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND MILLER COMPANIES, LLC, INCLUDING THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS WHEREAS, Miller Companies, LLC is the owner of the property legally described as follows: The North 26 ½ feet of Lot 26, and all of Lot 27A, in the City of Dubuque, Iowa according to the United States Commissioners’ Map thereof (the Property); and Whereas, the City Council, by Resolution No. 375-24, dated November 18, 2024, de- clared its intent to enter into a Development Agreement by and between the City of Dubu- que, Iowa, and Miller Companies, LLC, including the issuance of Urban Renewal Tax Increment Obligations; and Whereas, pursuant to published notice, a public hearing was held on the proposed Development Agreement on December 2, 2024, at 6:30 p.m.; and Whereas, it is the determination of the City Council that approval of the Development Agreement for redevelopment of the Property by Miller Companies, LLC, according to the 6 terms and conditions set out in the Development Agreement, is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Development Agreement by and between the City of Dubuque, Iowa, and Miller Companies, LLC, a copy of which is attached hereto, including the issuance of Urban Renewal Tax Increment Revenue Obligations, 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 2nd day of December 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Resolution Approving a Proposed Development Agreement with Limestone Legacy, LLC: Motion by Sprank to receive and file the documents and adopt Resolution No. 392 - 24 Approving A Development Agreement by And Between the City of Dubuque, Iowa and Limestone Legacy, LLC, Including the Proposed Issuance of Urban Renewal Tax Incre- ment Revenue Obligations. Seconded by Wethal. In response to a question about the Downtown Rehabilitation Grant and competition for funding, Van Milligen and Economic Development Director Jill Connors noted the grant's $200,000 annual budget. While the façade grant is fully allocated, staff have identified additional funds for any projects that may apply for the grant before the fiscal year ends. City Council Members highlighted the grant's positive community impact and expressed concern that future state funding re- strictions could limit program support. Motion carried 7-0. RESOLUTION NO. 392-24 APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND LIMESTONE LEGACY, LLC, INCLUDING THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS Whereas, Limestone Legacy, LLC is the owner of the property legally described as follows: The South Half of the South one-fifth of Out Lot 441, in the City of Dubuque, Iowa, according to the United States Commissioners’ Map of the Survey of the Town of Dubuque, Iowa (the Property); and Whereas, the City Council, by Resolution No. 376-24, dated November 18, 2024, de- clared its intent to enter into a Development Agreement by and between the City of Dubu- que, Iowa, and Limestone Legacy, LLC, including the issuance of Urban Renewal Tax Increment Obligations; and Whereas, pursuant to published notice, a public hearing was held on the proposed Development Agreement on December 2, 2024, at 6:30 p.m.; and Whereas, it is the determination of the City Council that approval of the Development Agreement for redevelopment of the Property by Limestone Legacy, LLC, according to 7 the terms and conditions set out in the Development Agreement, is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Development Agreement by and between the City of Dubuque, Iowa, and Limestone Legacy, LLC, a copy of which is attached hereto, including the issuance of Urban Renewal Tax Increment Revenue Obligations, 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 2nd day of December 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Resolution Approving a Proposed Development Agreement with 1400 Central, LLC: Motion by Jones to receive and file the documents and adopt Resolution No. 393 -24 Ap- proving A Development Agreement by And Between The City Of Dubuque, Iowa And 1400 Central, LLC, Including The Proposed Issuance Of Urban Renewal Tax Increment Revenue Obligations. Seconded by Wethal. Leisha Schumacher , co-owner of 1400 Cen- tral LLC, 315 E 5th St., Suite 200, Waterloo, provided an overview of the building’s history and planned updates. Van Milligen confirmed, in response to a question, that the façade grant applies to this project and that developers proposed grant modifications to city staff which were incorporated into recent updates. City Council Members thanked the devel- opers for their input and city staff for acting on the recommendations. Motion carried 7-0. RESOLUTION NO. 393-24 APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND 1400 CENTRAL, LLC, INCLUDING THE PROPOSED ISSU- ANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS Whereas, 1400 Central, LLC is the owner of the property legally described as follows: The Westerly 65 feet of the Southerly 31 feet 7 ½ inches of Lot 443 in the City of Dubuque, Iowa, according to the United States Commissioners’ Map of the Town of Dubuque, Iowa (the Property); and Whereas, the City Council, by Resolution No. 377-24, dated November 18, 2024, de- clared its intent to enter into a Development Agreement by and between the City of Dubu- que, Iowa, and 1400 Central, LLC, including the issuance of Urban Renewal Tax Incre- ment Obligations; and Whereas, pursuant to published notice, a public hearing was held on the proposed Development Agreement on December 2, 2024, at 6:30 p.m.; and Whereas, it is the determination of the City Council that approval of the Development Agreement for redevelopment of the Property by 1400 Central, LLC, according to the terms and conditions set out in the Development Agreement, is in the public interest of the City of Dubuque. 8 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 1400 Central, LLC, a copy of which is attached hereto, including the issuance of Urban Renewal Tax Increment Revenue Obligations, 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 2nd day of December 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Resolution Approving a Proposed Development Agreement with Nia Neighborhoods Opportunity Zone Fund, LLC: Motion by Roussell to receive and file the documents and adopt Resolution No. 394-24 Approving A Development Agreement by And Between the City of Dubuque, Iowa and Nia Neighborhoods Opportunity Zone Fund, LLC, Including the Proposed Issuance of Urban Renewal Tax Increment Revenue Obligations. Se- conded by Sprank. Developer Yindra Dixon, 251 Hidden Oaks Ct., provided an overview of the building and commended the updates to the façade grant program. City Council Members noted improvements in the development process and city staff's efforts to ad- dress concerns. Motion carried 7-0. RESOLUTION NO. 394-24 APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND NIA NEIGHBORHOODS OPPORTUNITY ZONE FUND, LLC, INCLUDING THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS Whereas, Nia Neighborhoods Opportunity Zone Fund, LLC is the owner of the property legally described as follows: The South 26.30 feet of the North 1/5 of Lot 482 in the City of Dubuque, Iowa, ac- cording to the United States Commissioners’ Map thereof (the Property); and Whereas, the City Council, by Resolution No. 378-24, dated November 18, 2024, de- clared its intent to enter into a Development Agreement by and between the City of Dubu- que, Iowa, and Nia Neighborhoods Opportunity Zone Fund, LLC, including the issuance of Urban Renewal Tax Increment Obligations; and Whereas, pursuant to published notice, a public hearing was held on the proposed Development Agreement on December 2, 2024, at 6:30 p.m.; and Whereas, it is the determination of the City Council that approval of the Development Agreement for redevelopment of the Property by Nia Neighborhoods Opportunity Zone Fund, LLC, according to the terms and conditions set out in the Development Agreement, is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 9 Section 1. The Development Agreement by and between the City of Dubuque, Iowa, and Nia Neighborhoods Opportunity Zone Fund, LLC, a copy of which is attached hereto, including the issuance of Urban Renewal Tax Increment Revenue Obligations, 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 2nd day of December 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Approving a Proposed Development Agreement with SJR Properties, L.L.C. and Universal Tank & Fabrication, Inc.: Motion by Farber to receive and file the documents and adopt Resolution No. 395-24 Approving A Development Agreement by And Among the City of Dubuque, Iowa, SJR Properties, L.L.C., And Universal Tank & Fabrication, Inc., Including the Issuance of Urban Tax Increment Revenue Obligations. Seconded by Wethal. Jason White, Vice President of Business Services at Greater Dubuque Develop- ment Corporation (GDDC), 224 4th Ave. SE, Dyersville, spoke about GDDC’s involve- ment with Universal Tank & Fabrication, Inc. He relayed thanks from Dan Davis, Principal of Universal Tank & Fabrication, Inc., who was unable to attend, for the city’s support. In response to a question about the job commitment terms in the Development Agreement, Van Milligen explained that such language is standard. If the company falls below 50 full- time equivalent positions at any point during the 10-year agreement, the rebate is reduced proportionally. Employers must provide annual certification of their employee numbers. Motion carried 7-0. RESOLUTION NO. 395-24 APPROVING A DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF DUBUQUE, IOWA, SJR PROPERTIES, L.L.C., AND UNIVERSAL TANK & FABRICA- TION, INC., INCLUDING THE ISSUANCE OF URBAN TAX INCREMENT REVENUE OBLIGATIONS Whereas, SJR Properties, L.L.C. is the owner of the property legally described as fol- lows: Lot 7 and Lot 8 of Dubuque Industrial Center West 2nd Addition in the City of Dubu- que, Iowa, according to the recorded plat thereof (the Property); and Whereas, the City Council, by Resolution No. 379-24, dated November 18, 2024, de- clared its intent to enter into a Development Agreement by and among the City of Dubu- que, Iowa, SJR Properties, L.L.C., and Universal Tank & Fabrication, Inc., 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 December 2, 2024, at 6:30 p.m.; and Whereas, it is the determination of the City Council that approval of the Development Agreement for redevelopment of the Property by SJR Properties, L.L.C., and Universal 10 Tank & Fabrication, Inc., according to the terms and conditions set out in the Development Agreement, is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Development Agreement by and among the City of Dubuque, Iowa, SJR Properties, L.L.C., and Universal Tank & Fabrication, Inc., including the issuance of Urban Renewal Tax Increment Revenue Obligations, 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 2nd day of December 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Public Hearing and Approval of Second Amendment to the Lease Agreement by and Between the City of Dubuque, Iowa and the Dubuque County Historical Society: Motion by Sprank to receive and file the documents and adopt Resolution No. 396-24 Approving A Second Amendment To The Lease Agreement By And Between The City Of Dubuque, Iowa, And Dubuque County Historical Society. Seconded by Wethal. Motion carried 7-0. RESOLUTION NO. 396-24 APPROVING A SECOND AMENDMENT TO THE LEASE AGREEMENT BY AND BE- TWEEN THE CITY OF DUBUQUE, IOWA, AND DUBUQUE COUNTY HISTORICAL SOCIETY Whereas, City is the owner of a public facility known as Mathias Ham House (the Ham House) which is leased to Dubuque County Historical Society with a legal description of Lots 530, 1 of 531, 2 of 531 and 532 all in Hams Addition, in the City of Dubuque; and Whereas, Dubuque County Historic Society desires to extend the current lease period and continue to operate the Ham House; and Whereas, the City Council by Resolution No. 380-24, dated November 18, 2024 de- clared its intent to enter into a Second Amendment to the Lease Agreement by and be- tween the City of Dubuque, Iowa and Dubuque County Historical Society; and Whereas, pursuant to a published notice, a public hearing was held on the proposed Second Amendment to the Lease Agreement on December 2, 2024; and Whereas, it is the determination of the City Council that approval of the Second Amend- ment to the Lease Agreement for the public facility known as the Ham House, according to the terms and conditions set out in the lease agreement and its amendments, is in the best interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Second Amendment to the Lease Agreement by and between the City of Dubuque, Iowa and Dubuque County Historical Society for the Ham House, a copy attached hereto, is hereby approved. 11 Section 2. That the Mayor is hereby authorized and directed to execute the Second Amendment to the Lease Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest his signature. Section 3. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the Second Amendment to the Lease Agreement as herein approved. Passed, approved, and adopted this 2nd day of December 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk ACTION ITEMS 1. Kerper Boulevard Lift Station Project - Award Public Improvement Contract - Project No. 5581500047: Motion by Sprank to receive and file the documents and adopt Resolu- tion No. 397-24 Awarding Public Improvement Construction Contract for The Kerper Boulevard Lift Station Project. Seconded by Wethal. In response to questions about the estimated cost, Van Milligen and City Engineer Gus Psihoyos clarified that the estimate represents the maximum amount, excluding change orders. Psihoyos noted that while staff review all potential scenarios when developing project plans and specifications, un- foreseen work may still arise for any project. Motion carried 7-0. RESOLUTION NO. 397-24 AWARDING PUBLIC IMPROVEMENT Construction CONTRACT FOR THE KERPER BOULEVARD LIFT STATION PROJECT Whereas, sealed proposals have been submitted by contractors for the Kerper Boule- vard Lift Station Project, (the Project) pursuant to Resolution No. 334 -24 and Notice to Bidders published on the City of Dubuque, Iowa website and plan room service with statewide circulation on the 23rd day of October 2024; and Whereas, said sealed proposal was opened and read on the 21st day of November 2024 and it has been determined that Tschiggfrie Excavating Co., of Dubuque, Iowa sub- mitted low bid in the amount of $1,843,385.90, and is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That a Public Improvement Construction Contract for the Project is hereby awarded to Tschiggfrie Excavating Co. and the City Manager is hereby directed to exe- cute a Public Improvement Construction Contract on behalf of the City of Dubuque for the Project. Passed, adopted, and approved this 2nd day of December 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Council Member Susan Farber Appointment to National League of Cities (NLC) In- formation Technology and Communications Committee : Motion by Roussell to receive and file the documents and congratulate Farber on her appointment as vice chair of NLC 2025 Information Technology and Communications Federal Advocacy Committee . 12 Seconded by Resnick. City Council Members commended Farber for her service. Farber expressed that it is an honor to represent the City and showcase our use cases. Motion carried 7-0. 3. Work Session Request: Sustainable Dubuque: Motion by Resnick to receive and file the documents and schedule the work session for February 17, 2025, at 5:30 p.m. Se- conded by Roussell. Motion carried 7-0. 4. Work Session Request: Iowa Jobs for America’s Graduates (iJAG) City Life Student Presentation to City Council: Motion by Resnick to receive and file the documents and schedule the work session for May 5, 2025, at 5:30 p.m. Seconded by Jones. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Jones reported on the recent Dubuque Racing Association (DRA) board meeting and the recent opening of Island Social at Q Casino. Council Member Resnick reported that Cathy Goodman has been performing the an- nual SnowBiz holiday show for 15 years, and that this year’s performance will be her last one. Council Member Wethal reported on Santa’s recent visit to Bluff St. and encouraged residents to shop local. Mayor Cavanagh commended Dubuque Main Street’s efforts to support local busi- nesses on Small Business Saturday. CLOSED SESSION Motion by Jones to convene in closed session at 7:30 p.m. to discuss Confidential Records, Pending Litigation, and Purchase or Sale of Real Estate – Chapter 21.5(1)(a),(c),(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 9:19 p.m. stating that staff had been given proper direction. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 9:19 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk