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11 3 25 City Council Proceedings Official RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on November 3, 2025, 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 Breitfelder announced that Action Item No. 2 was removed from the meeting. PRESENTATIONS 1. Dubuque NAACP Thomas Determan S.C.O.P.E. Award Presentation to the Jule : RRS Stewart and Anthony Allen of the Dubuque NAACP presented Transportation Services staff with the Thomas Determan Standout Community Organization Pursuing Equity (S.C.O.P.E.) Award, which was awarded to the Jule. Transportation Services Director Ryan Knuckey made brief remarks. 2. Iowa Society of Solid Waste Operations 2025 Innovative Project Award to DMASWA: Solid Waste Agency Administrator Ken Miller recognized the Dubuque Metropolitan Area Solid Waste Agency (DMASWA) for receiving the 2025 Innovative Project Award for its battery recycling program. PROCLAMATIONS 1. Hospice and Palliative Care Month (November 2025) was accepted by Carole Carroll on behalf of Hospice of Dubuque. 2. Pancreatic Cancer Awareness Day (November 20, 2025) was accepted by Diane Oglesby on behalf of the Michael W. Oglesby Foundation. CONSENT ITEMS Roussell requested Item No. 9 be held for separate discussion. Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated, except Item No. 9. Seconded by Farber. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of October 20, 2025; Airport Commis- sion of August 12, 2025; Arts and Cultural Affairs Advisory Commission of August 26, 2025; Building Code Advisory and Appeals Board of September 11, 2025; Historic Preservation Commission of Sep- tember 18, 2025; Parks and Recreation Advisory Commission of September 9, 2025; Zoning Board of Adjustment of September 25, 2025. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Tyeandra Glover for vehicle damage; Braden Lechtenberg for vehicle damage; Duane Pitcher for loss of revenue. Upon motion the documents 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 Assurance Pool: Tyendra Glover for vehicle damage; Braden Lechtenberg for vehicle damage; Duane Pitcher for loss of revenue. Upon motion the documents were received, filed, and concurred. 4. Approval of City Expenditures: Upon motion the documents were received and filed, and Resolu- tion No. 349-25 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 adopte d. RESOLUTION NO. 349-25 AUTHORIZING THE CHIEF FINANCIAL OFFICER / CITY TREASURER TO MAKE CERTAIN PAY- MENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT IN ACCORDANCE WITH CITY PROCEDURES Whereas, Section 1-7-7(E) of the Municipal Code of the City of Dubuque provides that the Chief Financial Officer-City Treasurer shall keep an accurate account of all disbursements, money, or prop- erty, 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 inter- nal control procedures and have been determined to have been requ isitioned 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 334 -19 adopted September 16, 2019, authorized the Chief Financial Officer-City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City 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 a s 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 Of- ficer are hereby authorized and directed to provide the statement of receipts and disbursements to the City Council, and to publish a summary thereof. Pursuant to Iowa Code §372.13(6) Finance is submitting the statement of receipts and disburse- ments to the City Council, and the City Clerk to publish a summary with the City Council minutes. Passed, approved, and adopted this 3rd day of November 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Authorized Depository Institutions: Upon motion the documents were received and filed, and Res- olution No. 350-25 Naming Depository Institutions and Setting Limits for Deposits was adopted. RESOLUTION NO. 350-25 NAMING DEPOSITORY INSTITUTIONS AND SETTING LIMITS FOR DEPOSITS Whereas, Iowa Code Chapter 12C.2 states that approval of a financial institution as a depository shall be by written resolution or order which shall be entered into the record in the minutes of the approving board, and which shall distinctly name each depo sitory approved, and specify the maximum amount which may be kept on deposit in each depository; and Whereas, this procedure is required if a financial institution changes its name or home office location, if the maximum amount is changed, or if a financial institution is added or deleted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The following financial institutions are approved to be depository institutions up to the listed amounts for the City of Dubuque, Iowa in conformance with all applicable provisions of Chapter 12C of the Iowa Code and the City Treasurer is hereby authorized to deposit City of Dubuque funds at each institution up to the maximum amount approved for each. Depository Name Home Office Location Maximum Balance DuTrac Community Credit Union Dubuque, Iowa $80,000,000 Iowa Public Agency Investment Trust West Des Moines, Iowa $80,000,000 MidWestOne Bank Iowa City, Iowa $80,000,000 UMB Bank, n.a. Kansas City, Missouri $80,000,000 Capra Bank Dubuque, Iowa $60,000,000 Collins Community Credit Union Cedar Rapids, Iowa $60,000,000 Dupaco Community Credit Union Dubuque, Iowa $60,000,000 Fidelity Bank & Trust Dyersville, Iowa $60,000,000 Green State Credit Union North Liberty, Iowa $60,000,000 Premier Bank Dubuque, Iowa $60,000,000 U.S. Bank Minneapolis, Minnesota $60,000,000 Bank First Fond du Lac, Wisconsin $1,000,000 Passed, adopted and approved this 3rd day of November 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Acceptance of Public Improvements in South Pointe Phase 2 Subdivision : Upon motion the doc- uments were received and filed, and Resolution No. 351 -25 Accepting Public Improvements In South Pointe #2 In the City of Dubuque, Iowa was adopted. RESOLUTION NO. 351-25 ACCEPTING PUBLIC IMPROVEMENTS IN SOUTH POINTE #2 IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to Resolution 163-24, certain public improvements including street paving with curb, curb underdrain, storm sewer and catch basins, sanitary sewer main, water main, fiber optic con- duit, accessible sidewalk ramps, and street lighting were installed by the developer of South Pointe #2 Subdivision in the City of Dubuque, Iowa; and Whereas, the improvements have been completed and the City Manager has examined the work and has filed a certificate stating that the same has been completed in accordance with the plans ap- proved by the City Council and in conformance with City specifications, and has recommended that the improvements be accepted by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said public improve- ments in South Pointe #2 Subdivision be and the same is hereby accepted. Section 2. That a maintenance guarantee covering said public improvements shall be provided by the owners, Dubuque South Pointe, LLC, for a period of two (2) years from the date of this resolution. Passed, approved and adopted this 3rd day of November 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7. North Schmitt Island Collection System Project – Contract #1: Public Improvement Contract – Project Acceptance: Upon motion the documents were received and filed, and Resolution No. 352 -25 Accepting the North Schmitt Island Collection System Project – Contract #1 Project and Authorizing the Payment to the Contractor was adopted. RESOLUTION NO. 352-25 ACCEPTING THE NORTH SCHMITT ISLAND COLLECTION SYSTEM PROJECT – CONTRACT #1 PROJECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the North Schmitt Island Collection System Project – Contract #1 Project (the Project) has been completed by the Contractor, Tschiggfrie Excavating, (Con- tractor), the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $250,365.88; and Whereas, the Contractor has previously been paid $242,854.90, leaving a balance of $7,510.98; 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 ac- cepted. Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of the re- tainage of $7,510.98 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 3rd day of November 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 8. Stormwater Management Program Consulting Engineering Services: City Manager recommended City Council approval to release a request for qualifications (RFQ) for the Stormwater Management Program. Upon motion the documents were received, filed, and approved. 9. DuTrac Community Credit Union - Request to Alter the Washington Neighborhood Conservation District Boundary: Motion by Roussell to refer to the Historic Preservation Commission (HPC) for a recommendation. Seconded by Farber. Roussell amended the motion to include “receive and file.” The amendment was seconded by Farber. Planning Services Director Wally Wernimont stated that the HPC discussed this item at its September meeting and determined that the building at 1305 Elm Street is historically significant. The building is located within the Washington Street Neighborhood Conservation District. By a vote of 2–6, the HPC denied a demolition permit to the property owner, DuTrac Community Credit Union. Wernimont stated that if the City Council referred the request back to the HPC, staff would provide additional information on the establishment of the conservation district, and the item would appear on the HPC’s November 20, 2025, agenda. He explained th at City Code provides the City Council with four options upon receipt of a written request to establish, expand, or alter a conservation district. Wernimont confirmed that the HPC’s determination of architectural significance was based solely on the building’s historical attributes, and that the commission does no t consider external factors such as the proposed 14th Street overpass, which are factors that the City Council may take into ac- count. In response to a question about why the item appeared on the consent agenda, Wernimont explained that, per City Code, the request was required to be placed on this agenda. Because the request was received on short notice, staff recommended deferring discus sion to the November 17, 2025, meeting to allow sufficient time to compile all necessary information and ensure the City Council could make a fully informed decision. He confirmed that the City Council could still refer the request back to the HPC at a future meeting. Brumwell noted that while the four options will remain available at a future City Council meeting, the Council’s decision may affect the item’s next steps. For example, if the item appears on the consent agenda but the Council wants it considered as an action item, it would need to be placed on a future meeting agenda as an action item. Motion amended by Roussell to receive and file the documents, refer to the City Manager, and place on the November 17, 2025, agenda. Seconded by Farber. Motion carried 7-0. 10. Signed Contract(s): 563 Design, PLLC for the Fire Station #5 – Interior Stair Replacement; 563 Design, PLLC for the Station 5 Emergency Repairs; Communication Engineering Company (CEC) Pro- posal and Agreement for the IT-Wireless Network Refresh; Cottingham & Butler Insurance Services, LLC for Employer Mandate Reporting Services Contract; Dave Hinz for the Lime Silo Piping Repair; DocuPet for the Pet Licensing Services Agreement; Eastern Iowa Excavating and Concrete, LLC for Street patches for water main repairs; Eastern Iowa Excavating and Concrete, LLC for Regrading of Ditch Over Water Main on Old Davenport Road; Environmental Management Services of Iowa, Inc. for Asbestos Inspection – Eagle Point Park (Veranda, Bridge, and Indian rooms); Eocene Environmental Group, Inc. for the Master Service Agreement for Blum Site Assessment Report; Fowler Public Sector Consulting LLC for Addendum to Independent Contractor Agreement; GRTD Investments, LLC First Amendment to Lease Agreement; Jason Schueller - Schueller Restoration/Xtreme Clean & Coatings for Building Maintenance at Station 3; Jonathan R. Brown for Independent Contractor Agreement; Loucks & Schwartz for Section 8 Housing Choice Voucher Year End closing for June 30, 2024 including successful REAC submission in electronic format as required by HUD (both unaudited & audited); MGT Impact Solutions, LLC for the Executive Recruitment Statement of Work; MRI Software LLC for renewal of recurring software and services for the New Housing Pro System; Pigott, Inc. for Fire Administration Office Update; R&W Restoration LLC for the 3rd & Main St. Chamber Exterior Patio Stone Veneer Remove & Replace; Tschiggfrie Excavating for Primary Clarifier Cleaning. Upon motion the documents were received and filed. 11. Improvement Contracts with Performance, Payment, and Maintenance Bonds Iseler Demolition Inc. for the 500,000 Gallon Double Ellipse Demolition; Top Grade Excavating, Inc. for the Water Sys- tems Improvements 2024 North English Road Water Main Extension. Upon motion the documents were received, filed, and approved. 12. Retail Alcohol License Refund - Gary Dolphin's Iron Bar and Grill: Request from Gary Dolphin's Iron Bar and Grill located at 3333 East 10th St. Suite 104 for a refund of Retail Alcohol License No. LC0046785 in the amount of $406.25 due to change in ownership. Upon motion the documents were received, filed, and approved. 13. Approval of Retail Tobacco, Tobacco Products, Alternative Nicotine Products, Vapor Products, and Device Permit Applications: Upon motion the documents were received and filed, and Resolution No. 353-25 Approving Applications for Retail Tobacco, Tobacco Products, Alternative Nicotine Prod- ucts, Vapor Products, and Device Permits, as Required by Iowa Code 453A.47A and 453E.3 was adopted. RESOLUTION NO. 353-25 APPROVING APPLICATIONS FOR TOBACCO RETAIL, TOBACCO PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS, VAPOR PRODUCT S OR DEVICE S, AS REQUIRED BY IOWA CODE 453A.47A AND 453E.3 Whereas, applications for Tobacco/Tobacco Products/Alternative Nicotine Products/Vapor Product s or Device retail s 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 Depart- ment of Revenue; and Whereas, applications are presented to City Council for approval. 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 a Cigarette/Device/Tobacco/Nicotine/Vapor product or retail device effective from November 15, 2025, to June 30, 2026. Business Name Business Address Permit Type Downtown Gas & Grocery 1401 Central Ave. Retail Tobacco Passed, approved, and adopted this 3rd day of November, 2025. 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 hear- ing for November 17, 2025. Seconded by Sprank. Motion carried 7 -0. 1. Set Public Hearing on Comiskey Park Phase 2 Redevelopment Project and Initiate Public Im- provement Bidding Process: Upon motion the documents were received and filed and Resolution No. 354-25 Comiskey Park Phase 2 Redevelopment Project: Preliminary Approval of Plans, Specifications, Form of Contract, and Estimated Cost; Setting Date of Public Hearing on Plans, Specifications, Form of Contract, and Estimated Cost; and Ordering the Advertisement for Bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on November 17, 2025, in the Historic Federal Building. RESOLUTION NO. 354-25 COMISKEY PARK PHASE 2 REDEVELOPMENT PROJECT - PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the Comiskey Park Phase 2 Redevelopment Project in the estimated construction amount of $3,376,900.00, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 17th day of November, 2025, at 6:30 p.m. in the Historic Federal Building Council Chambers 350 W. 6th Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and esti- mated cost of said Project, and the City Clerk be and is hereby directed to cause the attached no tice 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 ob- jections to the proposed plans, specifications, form of contract, or estimated cost of the Project. The Comiskey Park Phase 2 Redevelopment Project is hereby ordered to be advertised for bids for construction. 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. The Acting Project & Facilities Manager 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, 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 24 th day of November 2025. Bids shall be opened and read by the Acting Projects & Facilities Manager at said time and will be submitted to the City Council for final action at 6:30 p.m. on the 1st day of December 2025, in the Historic Federal Build- ing Council Chambers 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this the 3rd day of November 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk BOARDS/COMMISSIONS Appointments were made to the following boards/commissions. 1. Investment and Cash Management Oversight Advisory Commission : One, 3-Year term through July 1, 2028 (Expired term of Ruden). Applicant: Gary Ruden, PO Box 835 – Physical Address Verified. Motion by Jones to appoint Ruden to the term. Seconded by Wethal. Motion carried 7 -0. PUBLIC HEARINGS 1. Resolution Approving an Assignment of Development Agreement by and between the City of Dubuque, Iowa and Franklin Investments, LLC to Franklin Apartments, LLC : Motion by Sprank to re- ceive and file the documents and adopt Resolution No. 355-25 Approving an Assignment of the Devel- opment Agreement by and Between the City of Dubuque and Franklin Investments, LLC to Franklin Apartments, LLC. Seconded by Wethal. When asked if this item and the two following items are stand- ard for such a sale, Van Milligen confirmed that all rights and responsibilities, including the assumption of the current loan, will be assigned to the new developer. Brumwell confirmed that the Development Agreement remains unchanged. Motion carried 7-0. RESOLUTION NO. 355-25 APPROVING AN ASSIGNMENT OF THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE AND FRANKLIN INVESTMENTS, LLC TO FRANKLIN APARTMENTS, LLC Whereas, Franklin Investments, LLC entered into a Development Agreement dated, April 4, 2011, with the City of Dubuque, Iowa, providing certain rights and obligations with respect to the property legally described as follows: Lot 2-1 & 2-2 of City Lot 595 City Lots 596, 597, & 597A Lot 2-1-2 & Lot 2-2 of City Lot 600 & Lots 3 Thru 6 of City Lot 600in the City of Dubuque, Locally known as 39 Bluff Street (the Property); and Whereas, Franklin Investments, LLC intends to assign its rights under the Development Agreement to Franklin Apartments, LLC pursuant to an Assignment of Development Agreement, attached hereto; and Whereas, Franklin Apartments, LLC in the Assignment of Development Agreement agrees to be bound by all of the terms and conditions of the Development Agreement; and Whereas, the City Council, by Resolution No. 340-25, dated October 20, 2025, declared its intent to approve the Assignment of Development Agreement; and Whereas, pursuant to published notice, a public hearing was held on the proposed Assignment of Development Agreement on November 3, 2025, at 6:30 p.m.; and Whereas, it is the determination of the City Council that approval of the Assignment of Development Agreement by and between the City of Dubuque, Iowa and Franklin Investments, LLC to Franklin Apart- ments, LLC, according to the terms and conditions set out in the Assignment of Development Agree- ment, is in the best interests of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Assignment of Development Agreement by and between the City of Dubuque, Iowa and Franklin Investments, LLC to Franklin Apartments, LLC is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute the Assignment of Development Agreement on behalf of the City of Dubuque. Section 3. The City Manager is authorized to take such actions as are necessary to comply with the terms of the Assignment of Development Agreement as herein approved. Passed, approved, and adopted this 3rd day of November 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Resolution Approving an Assignment and Assumption Agreement by and between the City of Dubuque, Iowa and Franklin Investments, LLC to Franklin Apartments, LLC : Motion by Jones to receive and file the documents and adopt Resolution No. 356-25 Approving an Assignment and Assumption Agreement of the Downtown Rehabilitation Loan Agreement by and between the City of Dubuque, Iowa and Franklin Investments, LLC to Franklin Apartments, LLC for Property At 39 Bluff Street. Seconded by Wethal. Motion carried 7-0. RESOLUTION NO. 356-25 APPROVING AN ASSIGNMENT AND ASSUMPTION AGREEMENT OF THE DOWNTOWN REHA- BILITATION LOAN AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND FRANKLIN INVESTMENTS, LLC TO FRANKLIN APARTMENTS, LLC FOR PROPERTY AT 39 BLUFF STREET Whereas, the City of Dubuque, Iowa (City), and Franklin Investments, LLC entered into a Downtown Rehabilitation Loan Agreement dated December 21, 2020; and Whereas, Franklin Investments, LLC granted to City a Mortgage recorded on March 29, 2021, as Instrument No. 2021-00004804; and Whereas, Franklin Investments, LLC and Franklin Apartments, LLC have entered into a certain Pur- chase Agreement dated October 1, 2025, pursuant to which, Franklin Investments, LLC has agreed to assign all of its rights, title, and interests in, and Franklin Apartmetns, LLC has agreed to assume all of Franklin Investments, LLC’s duties and obligations under the Downtown Rehabilitation Loan Agreement and Instrument No. 2021-00004804; and Whereas, the City Council, Resolution No. 338-25, dated October 20, 2025, declared its intent to approve the Assignment and Assumption Agreement by and between the City of Dubuque, Iowa and Franklin Investments, LLC to Franklin Apartments, LLC; and Whereas, pursuant to published notice, a public hearing was held on the proposed Assignment and Assumption Agreement on November 3, 2025, at 6:30 p.m.; and Whereas, it is the determination of the City Council that approval of the Assignment and Assumption Agreement by and between the City of Dubuque, Iowa and Franklin Investments, LLC to Franklin Apart- ments, LLC, according to the terms and conditions set out in the Assignment and Assumption Agree- ment, is in the best interests of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Assignment and Assumption Agreement by and between the City of Dubuque, Iowa and Franklin Investments, LLC to Franklin Apartments, LLC is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute the Assignment and Assumption Agreement on behalf of the City of Dubuque. Section 3. The City Manager is authorized to take such actions as are necessary to comply with the terms of the Assignment and Assumption Agreement as herein approved. Passed, approved, and adopted this 3rd day of November 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Resolution Approving a Subordination Agreement by and among the City of Dubuque, Iowa, Franklin Apartments, LLC, and Premier Bank: Motion by Sprank to receive and file the documents and adopt Resolution No. 357-25 Approving a Subordination Agreement by and among the City of Dubu- que, Iowa, Franklin Apartments, LLC, and Premier Bank for Interest in City Property Located at 39 Bluff Street. Seconded by Farber. Brumwell confirmed that the City previously held the second secured po- sition and did not need to subordinate. The public hearing seeks approval to subordinate the remaining balance owed. Motion carried 7-0. RESOLUTION NO. 357-25 APPROVING A SUBORDINATION AGREEMENT BY AND AMONG THE CITY OF DUBUQUE, IOWA, FRANKLIN APARTMENTS, LLC, AND PREMIER BANK FOR INTEREST IN CITY PROP- ERTY LOCATED AT 39 BLUFF STREET Whereas, the City of Dubuque, Iowa, (City) and Franklin Investments, LLC previously entered into a Development Agreement dated April 4, 2011, and a Downtown Rehabilitation Loan Agreement dated December 21, 2020 (the Agreements) for the rehabilitation of 39 Bluff Street (the Project) legally de- scribed as follows: Lot 2-1 & 2-2 of City Lot 595 City Lots 596, 597, & 597A Lot 2-1-2 & Lot 2-2 of City Lot 600 & Lots 3 Thru 6 of City Lot 600in the City of Dubuque (the Property); and Whereas, the Agreements include the award of a $300,000 Downtown Rehabilitation Loan (the Loan) for the purpose of stimulating reinvestment in the Greater Downtown Urban Renewal District; and Whereas, the Project meets the requirements of the Loan; and Whereas, as security for the Loan, Franklin Investments, LLC previously granted to City a mortgage on the Property (the City Mortgage); and Whereas, Franklin Investments, LLC intends to assign its right to take title to the Property to Franklin Apartments, LLC pursuant to an Assignment of Development Agreement and Assignment and Assump- tion Agreement related to the Loan; and Whereas, Franklin Apartments, LLC in the Assignment of Development Agreement and Assignment and Assumption Agreement agrees to be bound by all of the terms and conditions of the Development Agreement and the Loan; and Whereas, Premier Bank is financing the purchase of the Property for Franklin Apartments, LLC which includes a mortgage (the Premier Bank Mortgage) and requires that the City Mortgage be subordinate to the Premier Bank Mortgage pursuant to a Subordination Agreement; and Whereas, the City Council, by Resolution No. 339-25, declared its intent to approve the Subordina- tion Agreement by and among the City of Dubuque, Iowa, Franklin Apartments, LLC, and Premier Bank; and Whereas, pursuant to published notice, a public hearing was held on the proposed Assignment of Development Agreement on November 3, 2025, at 6:30 p.m.; and Whereas, it is the determination of the City Council that approval of the Subordination Agreement by and among the City of Dubuque, Iowa, Franklin Apartments, LLC, and Premier Bank, according to the terms and conditions set out in the Subordination Agreeme nt, is in the best interests of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Subordination Agreement by and among the City of Dubuque, Iowa, Franklin Apart- ments, LLC, and Premier Bank is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute the Subordination Agreement on behalf of the City of Dubuque. Section 3. The City Manager is authorized to take such actions as are necessary to comply with the terms of the Subordination Agreement as herein approved. Passed, approved and adopted this 3rd day of November 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Ambassador Court Storm Sewer Reconstruction Project Public Hearing : Motion by Roussell to receive and file the documents and adopt Resolution No. 358 -25 Ambassador Court Storm Sewer Replacement Project: Approval of Plans, Specifications, Form of Contract, and Estimated Cost. Se- conded by Wethal. City Council thanked Engineering staff for their work on this project and emphasized the need for the reconstruction. Motion carried 7-0. RESOLUTION NO. 358-25 AMBASSADOR COURT STORM SEWER REPLACEMENT PROJECT - APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST Whereas, the Ambassador Court Storm Sewer Replacement Project will provide for the extension of 380 feet of storm sewer along Embassy West Drive to address a drainage issue on Ambassador Court. The current drainage system for Ambassador Court is tasked with accommodating drainage from parts of Pennsylvania and Embassy West Drive. Due to capacity issues, stormwater overwhelms the existing storm sewer such that stormwater will flow out of the system and flood Ambassador Court from curb to curb and flooding adjacent homes; and Whereas, the City Council, by Resolution No. 341-25, dated October 20, 2025, preliminarily ap- proved the plans, specifications, form of contract, and estimated cost for the Ambassador Court Storm Sewer Replacement Project; and Whereas, pursuant to published notice and published advertisement for bids, a public hearing was held on November 3, 2025, on the plans, specifications, form of contract, and estimated cost for the Ambassador Court Storm Sewer Replacement 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 Ambassa- dor Court Storm Sewer Replacement Project in the estimated construction amount of $128,830.50, are hereby approved. Passed, adopted and approved this the 3rd day of November 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Resolution Approving an Amended and Restated Lease Agreement by and between the City of Dubuque, Iowa, and Pier Pressure Marine IA, Inc.: Motion by Wethal to receive and file the documents and adopt Resolution No. 359-25 Approving an Amended and Restated Lease Agreement by and be- tween the City of Dubuque and Pier Pressure Marine IA, Inc. for Real Property in the City of Dubuque, Iowa. Seconded by Sprank. Breitfelder announced receipt of written input from Steve Launspach. City Council Members praised the agreement as an example of a public-private partnership. Van Milligen read a portion of Launspach’s letter, emphasizing the City’s positive involvement in amending the lease. Motion carried 7-0. RESOLUTION NO. 359-25 APPROVING AN AMENDED AND RESTATED LEASE AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE AND PIER PRESSURE MARINE IA, INC. FOR REAL PROPERTY IN THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque, Iowa is the owner of the property legally described as follows: River Front Sub No 3 Blk 3 Bldg on Leased Land; and Whereas, the City Council, by Resolution No. 342-25, dated October 20, 2025, declared its intent to enter into the Amended and Restated Lease Agreement attached hereto; and Whereas, pursuant to published notice, a public hearing was held on the proposed Development Agreement on November 3, 2025, at 6:30 p.m.; and Whereas it is the determination of the City Council that approval of the Amended and Restated Lease Agreement by and between the City of Dubuque, Iowa and Pier Pressure Marine IA, Inc. 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 THAT: Section 1. The Amended and Restated Lease Agreement by and between the City of Dubuque, Iowa and Pier Pressure Marine IA, Inc., a copy of which is attached hereto, is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Amended and Restated Lease 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 Amended and Restated Lease Agreement as herein approved. Passed, approved, and adopted this 3rd day of November 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk ACTION ITEMS 1. Award contract for the 2025 Water & Resource Recovery Center MCC Communications and PLC Upgrades Project: Motion by Jones to receive and file the documents and adopt Resolution No. 360 - 25 Awarding contract for the 2025 Water & Resource Recovery Center MCC Communication and PLC Upgrades Project. Seconded by Wethal. Water and Resource Recovery Center (WRRC) Dire ctor Deron Muehring described the programmable logic controllers (PLCs) as compact computers that mon- itor, operate, and collect data from equipment. He noted that the WRRC has faced difficulties sourcing support and replacement parts for its aging PLC models, making system upgrades necessary. Mueh- ring added that the contract limits equipment downtime to four hours for the upgrades and that the WRRC does not require upgrades to occur at a specific time of day. City Council Members noted on- going discussions on the project and welcomed the prioritization of the largest buildings and compo- nents. Motion carried 7-0. RESOLUTION NO.360-25 AWARDING CONTRACT FOR THE 2025 WATER & RESOURCE RECOVERY CENTER MCC COM- MUNICATION AND PLC UPGRADES PROJECT Whereas, pursuant to notice duly posted in the manner and form prescribed by resolution of the City Council of the City of Dubuque, Iowa, and as required by law, bids and proposals were received by this Council for the 2025 Water & Resource Recovery Center MCC Communication and PLC Upgrades Project (the “Project”); and Whereas, all of the said bids and proposals have been carefully considered, and it is necessary and advisable that provision be made for the award of the contract for the Project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The bid for the Project submitted by the following contractor is fully responsive to the plans and specifications for the Project, is heretofore approved by the City Council, and is the lowest respon- sible bid received, such bid being as follows: Name and Address of Contractor, Amount of Bid The ESCO Group, 3450 Third Street, Marion, IA 52302, $2,360,000.00 Section 2. The contract for the Project is hereby awarded to such contractor at the total estimated cost set out above, the final settlement to be made on the basis of the unit prices therein set out and the actual final quantities of each class of materials furnishe d, the said contract to be subject to the terms of the aforementioned resolution, the notice of hearing and letting, the plans and specifications and the terms of the bidder’s written proposal. Section 3. The Mayor and City Clerk are hereby authorized and ordered to enter into a written con- tract with said contractor for the Project, but only after the contractor submits the performance and/or payment bonds which are required by the contract documents, and a fter the Project Engineers submit a written determination that such surety bonds and the other contract documents are satisfactory. No additional City Council action shall be required to approve the executed contract or surety bonds. Section 4. The amount of the contractor’s performance and/or payment bonds is hereby fixed and determined to be 100% of the amount of the contract. Section 5. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Passed, approved, and adopted this 3rd day of November 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Eagle Point Water Treatment Plant Roof Rehabilitation Project - Award Construction Contract: This item was removed from the meeting. 3. Eagle Valley, Westbrook and English Ridge Subdivision Parks Development Projects: Motion by Roussell to receive and file the documents and adopt Resolution No. 362 -25 Accepting the Eagle Val- ley, Westbrook, and English Ridge Subdivision Parks Development Project and Authorizing the Pay- ment of the Contract Amount to the Contractor. Seconded by Resnick. Motion carried 7-0. RESOLUTION NO. 362-25 ACCEPTING THE EAGLE VALLEY, WESTBROOK, AND ENGLISH RIDGE SUBDIVISION PARKS DEVELOPMENT PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR whereas, the Public Improvement Contract for the Eagle Valley, Westbrook, and English Ridge Sub- division Parks Development Project (the Project) has been completed by the contractor, McDermott Excavating. (Contractor) and WHKS has examined the work and filed a certificate stating that the Pro- ject has been completed according to the terms of the Public Improvement Contract and that WHKS recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $735,897.00; and Whereas, the contractor has previously been paid $699,102.15, leaving a balance of $36,794.85; and Whereas, the City Council finds that the recommendation of WHKS should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The recommendation of WHKS is approved, and the Project is hereby accepted. Section 2. The Chief Financial Officer is hereby directed to pay the balance of the retainage of $36,794.85 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 3rd day of November 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Invitation to the Dubuque County 911 Emergency Communications Center Ribbon Cutting: Motion by Farber to receive and file the documents. Seconded by Sprank. Van Milligen provided an overview of the City and Dubuque County partnership on emergency communications and the new 911 Emer- gency Communications Center Project, with the ribbon cutting scheduled for November 6, 2025, at 4:30 p.m. Motion carried 7-0. COUNCIL MEMBER REPORTS Farber reported on meetings to discuss the planned expansion of the Field of Dreams and the up- coming election. Roussell reported on Dubuque Main Street’s State of Main Awards Dinner, a Dubuque Trees Forever tree planting event, Oakview Group’s ribbon cutting at Five Flags, and the Dubuque Museum of Art’s groundbreaking event. Jones reported on meetings with the Black Men’s Coalition, Oakview Group ’s ribbon cutting, the State of Main Awards Dinner, the NAACP Freedom Fund banquet, the Sons of American Legion break- fast, the Cancer in Iowa informational event, a DRA board meeting, the Dubuque Museum of Art ’s groundbreaking, visiting Slater Appliance’s new facility, and the upcoming election. Wethal reported on attending a Dubuque County Early Childhood Board meeting. Sprank reported on the North End Neighborhood Association’s trick or treat event, a DRA board meeting, meeting with representatives from the federal government, a Fly by Night production, and the upcoming election. Resnick reported on Loras College’s inauguration of President Michael Doyle. Cavanagh referenced his attendance at many of the events that Council Members reported on. CLOSED SESSION Motion by Jones to convene in closed session at 7:52 p.m. to discuss Pending Litigation and Pur- chase or Sale of Real Estate – Chapter 21.5(1)(c),(j) Code of Iowa. Seconded by Wethal. Mayor Cavanagh stated for the record that the attorney who will consult 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 8:09 p.m. stating that staff had been given proper direction. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 8:09 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk