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Minutes_City Council Proceedings 02.02.26City of Dubuque City Council CONSENT ITEMS # 1. Copyrighted February 16, 2026 ITEM TITLE: Minutes and Reports Submitted SUMMARY: City Council Proceedings of February 2 and 9, 2026; Resilient Community Advisory Commission of October 30 and December 4, 2025; Zoning Advisory Commission of December 3, 2025; Proof of Publication for City Council Proceedings of January 20, 2026; Proof of Publication for Expenditure Reports submitted at the January 20, 2026 City Council meeting. SUGGUESTED Receive and File DISPOSITION: ATTACHMENTS: 1. 2 2 26 City Council Minutes 2. 2 9 26 City Council Minutes 3. Resilient Community Advisory Commission Minutes 4. Resilient Community Advisory Commission Minutes - December 2025 5. Zoning Advisory Commission Minutes 6. Proof of Publication for City Council Proceedings of January 20, 2026 7. Proof of Publication for Expenditure Reports Submitted at the January 20, 2026 City Council Meeting Page 32 of 1214 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 6:00 p.m. on February 2, 2026, in the second - floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Cavanagh; Council Members Leyendecker, Resnick, Roussell, Sprank, Staver, Wethal; City Manager Van Milligen, City Attorney Brumwell. Mayor Cavanagh read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on Travel Dubuque. WORK SESSION Travel Dubuque Annual Update Travel Dubuque President and CEO Keith Rahe presented the organization's annual update, addressing questions such as the community's role in driving tourism success, ongoing efforts to evaluate return on investment, the significance of the hotel/motel tax, and the positive impact of RAGBRAI, including opportunities for community involvement. There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:29 p.m. /s/Adrienne N. Breitfelder, CMC City Clerk 1 Page 33 of 1214 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on February 2, 2026, in the second - floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Cavanagh; Council Members Leyendecker, Resnick, Roussell, Sprank, Staver, 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 PRESENTATIONS 1. 2025 Outstanding Civil Engineering Project Award Recognition: Assistant City Engineer Bob Schiesl presented on the City's recent recognition by the American Society of Civil Engineers (ASCE) Iowa Section with the 2025 Outstanding Civil Engineering Project Award for the ImOn Ice Arena Settlement Remediation Project. PROCLAMATIONS 1. Dubuque Military Chaplains Day (February 3, 2026) was accepted by Janet Grass on behalf of the Dubuque American Legion Post #6. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Wethal. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of January 20, 2026; Civil Service Commission of August 13 and October 8, 2025; Community Development Advisory Commission of November 19, 2025; Historic Preservation Commission of December 18, 2025; Housing Commission of July 22, 2025; Human Rights Commission of December 9, 2025; Park and Recreation Commission of November 18 and December 10, 2025; Zoning Board of Adjustment of December 18, 2025; Proof of Publication on City Council Proceedings of January 5, 2026; Proof of Publication For Expenditure Reports presented at the January 5, 2026 City Council meeting. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Selena Fischer for vehicle damage; Ethan Luedtke for property damage; Steven Meier for vehicle damage. 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: Peter Dotterweich for vehicle damage; Sean Faherty for vehicle damage; Richard Herrig for vehicle damage; Ethan Luedtke for property damage; Steven Meier for vehicle damage; Alyson Nelson for vehicle damage; Daniel Schleter for property damage. Upon motion the documents were received, 2 Page 34 of 1214 filed, and concurred. 4. Approval of City Expenditures: Upon motion the documents were received and filed, and Resolution No. 23-26 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. 5. Updated New Housing Units Handout: Upon motion the documents were received and filed. 6. March/April 2026 City News Newsletter: Upon motion the documents were received and filed. 7. 2025 Pavement Marking Project: Acceptance of Public Improvement Construction Contract: Upon motion the documents were received and filed, and Resolution No. 24-26 Accepting The 2025 Pavement Marking Project And Authorizing Final Payment To The Contractor was adopted. 8. Iowa Department of Transportation Bridge Cleaning Project Notification: Correspondence from Jesse Tibodeau, District Engineer with the Iowa Department of Transportation, notifying the City Council of bridge cleaning on US-61 over the Peosta Channel. Upon motion the documents were received and filed. 9. Bee Branch Trail Project - Phase 3 (12th to 9th Street): Approve Grant Funding Agreement: Upon motion the documents were received and filed, and Resolution No. 25-26 Approving The Iowa Department Of Transportation Federal Aid Funding Agreement For A Transportation Alternatives Program (TAP) Project For The Bee Branch Trail Project - Phase 3 (12th To 9th Street) was adopted. 10. Stormwater Management Program Consulting Engineering Services Contract Award Recommendation: City Manager recommended City Council approval to enter into a contract with Rummel, Klepper & Kahl, LLP (RK&K) for engineering services for the Stormwater Management Program. Upon motion the documents were received, filed, and approved. 11. Acceptance of Permanent Grant of Easement for Street Pavement and Storm Sewer Utility across Part of Lot 1 of Lot 1 of the SE 1/4 of the SE 1/4 of Section 34, T89N, R2E, in the City of Dubuque, Iowa, Property at 1000 June Drive in Dubuque: Upon motion the documents were received and filed, and Resolution No. 26-26 Accepting A Grant Of Permanent Street Pavement And Storm Sewer Utility Easement Through, Under And Across Lot 1 Of Lot 1 Of The SE 1/4 Of The SE 1/4 Of Section 34, T89N, R2E, In The City Of Dubuque, Iowa was adopted. 12. Signed Contracts: Advantage Sheet Metal for Service HVAC Systems — FY26; Fabric Structures International, Inc. for Park Division Greenhouse Polycarbonate Replacement Project; Handyman Steve for FY26 Handyman Service Contract; Hawkins, Inc for the City of Dubuque Water Sodium Hypochlorite FY26-FY27 Bid; ImOn Communications, LLC for Additional Business Listings; Jeremy & Andrea Biedermann for the sale of City owned property behind Cedar Crest Court; Milestone Systems for License to Data Agreement; Molo Plumbing & Heating for Molo Plumbing and Heating Service Contract — FY26; Molo Plumbing & Heating for Parks and Recreation Inspect Repair and/or Parts; Racom Corporation for the Portable Radio/Battery Maintenance for Transportation Services; Terracon Consultants for the National Emissions Standards for Hazardous Air Pollutants (NESHAP) Subpart ZZZZ compliance report for the diesel generator located at the Eagle Point Water facility. Upon motion the documents were received and filed. 13. Improvement Contracts with Performance, Payment, and Maintenance Bonds: Poly Vinyl Roofing, Inc. for the Eagle Point Water Treatment Plant Roof Rehabilitation Project. Upon motion the 3 Page 35 of 1214 documents were received, filed, and approved. 14. Updated "Tax Increment Financing in Dubuque" Booklet: Upon motion the documents were received and filed. ITEMS SET FOR PUBLIC HEARING Motion by Roussell to receive and file the documents, adopt the resolutions, and set the public hearings as indicated. Seconded by Sprank. Motion carried 7-0. 1. Resolution Setting a Public Hearing on a Collateral Assignment of Development Agreement by and between the City of Dubuque, Iowa and Hitzler Rental, LLC Assigning Rights to Bellevue State Bank for the Redevelopment of 2541 Central Avenue: Upon motion the documents were received and filed and Resolution No. 27-26 Fixing The Date For A Public Hearing Of The City Council Of The City Of Dubuque, Iowa On A Collateral Assignment Of Development Agreement By And Between The City Of Dubuque, Iowa And Hitzler Rental, LLC, To Bellevue State Bank For Property At 2541 Central was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on February 16, 2026 in the Historic Federal Building. 2. Levi & Sullivan Storm Sewer Extension Project - Initiate Public Bidding Process and Setting Date for a Public Hearing: Upon motion the documents were received and filed and Resolution No. 28-26 Levi & Sullivan Storm Sewer Extension 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 February 16, 2026 in the Historic Federal Building. BOARDS/COMMISSIONS Mayoral Selection of Appointment to the Civil Service Commission: Iowa Code §400.1 requires publication of the name(s) of person(s) selected by the Mayor for appointment to the Civil Service Commission no less than thirty days prior to a vote by the city council. Vote on appointment to occur at the March 16, 2026, city council meeting. One, 4-Year Term through April 6, 2030 (Expiring term of Crabill). Applicants: Randall Ludowitz, 867 Barbaralee Dr.; Colleen McKenna, 1360 Mount Pleasant St.; Brian Neises, 1841 Phyllrich Dr.; Tom Parker, 2743 Mineral St.; Darcy VanOstrand, 1222 Lincoln Ave. Mayor Cavanagh announced his selection of Ludowitz for appointment to the term. Appointments were made to the following boards/commissions. 1. Community Development Advisory Commission: One, 3-Year Term through February 15, 2029 (Expiring Low to Moderate Income Area Representative term of Brown). Applicant: Talma Brown, 2004 Windsor Ave. Motion by Sprank to appoint Brown to the term. Seconded by Resnick. Motion carried 7-0. 2. Long Range Planning Advisory Commission: One, 3-Year term through July 1, 2028 (Vacant term of Conrad). Applicant: Rebecca Bruce, 7926 N. Westbrook Dr. Motion by Resnick to appoint Bruce to the term. Seconded by Sprank. Motion carried 7-0. 0 Page 36 of 1214 PUBLIC HEARINGS 1. 7800 Chavenelle Building Remodel Project Public Hearing: Motion by Resnick to receive and file the documents and adopt Resolution No. 29-26 7800 Chavenelle Building Remodel Project: Approval Of Plans, Specifications, Form Of Contract, And Estimated Cost. Seconded by Wethal. Van Milligen provided a summary of the building's history and development. City Council members highlighted the importance of partnerships in both the acquisition and ongoing development of the building. Motion carried 7-0. 2. Public Hearing to approve the First Amendment of the Amended and Restated Lease Agreement between the City of Dubuque and Bunge USA Grain, LLC: Motion by Sprank to receive and file the documents and adopt Resolution No. 30-26 Approving The First Amendment To The Amended And Restated Lease Agreement By And Between The City Of Dubuque And Bunge USA Grain, LLC For Real Property In The City Of Dubuque, Iowa. Seconded by Wethal. Motion carried 7- 0. PUBLIC INPUT Rob McDonald, 3399 Eagle Point Dr., spoke on Action Item No. 2, raising concerns regarding transparency in the release of the Minimum Revenue Guarantee and associated city financial commitments. Jason White, President and CEO of Greater Dubuque Development Corporation, spoke on Action Item No. 2, emphasizing the critical role of commercial air service for Dubuque's economy. ACTION ITEMS 1. City Assessor Assessed and Taxable Valuations Presentation: Motion by Resnick to receive and file the documents and hear the presentation. Seconded by Roussell. City Assessor Troy Patzner made a presentation on the 2025 assessed and taxable valuations and responded to questions regarding assessment criteria and proposed property tax legislation. Motion carried 7-0. 2. Commercial Air Service Minimum Revenue Guarantee: Motion by Roussell to receive and file the documents regarding the Minimum Revenue Guarantee (MRG) with Denver Air. Seconded by Wethal. Brumwell reported that a corrected memo with updated figures was included with the agenda item. Airport Director Todd Dalsing confirmed that the final invoice following the termination of service with Denver Air is pending. Van Milligen clarified that the purpose of the agenda item was to allow City Council to discuss the information presented. Brumwell clarified that the powers of the Airport Commission and Board of Library Trustees are established by state code and that, while the Council may request them to share executed contracts, such disclosure is not required. Brumwell further noted that if the Council wanted to receive notifications regarding such contracts, the types of information and monetary thresholds should be defined through a formal resolution. Council members expressed support for a resolution but agreed that the matter should be discussed during their upcoming governance session rather than the next regular agenda. Brumwell and Dalsing confirmed they will review practices in comparable communities and provide additional context on state code provisions for the Airport Commission. Council members emphasized lessons learned, including presenting initial contracts such as Denver Air to the Council and public and establishing stricter timelines for releasing the MRG in response to open records requests. Motion carried 6-1 with Leyendecker voting nay. 3. State Historic Preservation Office Programmatic Agreement for use of U.S. Department of 5 Page 37 of 1214 Housing and Urban Development (HUD) Funding: Motion by Resnick to receive and file the documents and adopt Resolution No. 31-26 Authorizing The Mayor To Execute A Programmatic Agreement Between The City Of Dubuque; The Iowa State Historic Preservation Officer And The City Of Dubuque Historic Preservation Commission For HUD -Funded Programs. Seconded by Wethal. Planning Services Director Wally Wernimont acknowledged Assistant Planner Chris Happ Olson for her contributions and confirmed that the agreement applies exclusively to HUD -funded programs. Motion carried 7-0. 4. Merge, LLC/Port of Dubuque LLC Termination of Development Agreement: Motion by Sprank to receive and file the documents and adopt Resolution No. 32-26 Approving The Termination Agreement Of The Development Agreement Between The City Of Dubuque, Iowa And Merge, LLC, Dated November 18, 2019, As Amended, In The City Of Dubuque, Iowa, Assigned By Merge, LLC To Port Of Dubuque LLC By Assignment Of Development Agreement Dated February 13, 2020. Seconded by Resnick. City Council noted disappointment that action on this item was necessary. Motion carried 7-0. 5. Proceedings to Complete Action for the Issuance of $2,330,000 Water Revenue Capital Loan Notes, Series 2026 (State Revolving Loan Fund Program) North English Road Water Main: Motion by Roussell to receive and file the documents and adopt Resolution No. 33-26 Series Resolution authorizing and approving a Loan and Disbursement Agreement and providing for the issuance of $2,330,000 Water Revenue Bonds, Series 2026 and other documents related to the Series 2026 Bonds. Seconded by Wethal. Van Milligen summarized the City's goals for the project. Motion carried 7-0. 6. Proceedings to Complete Action for the Issuance of $14,643,000 Sewer Revenue Bond, Series 2026 (State Revolving Loan Fund Program) Old Mill Rd. Lift Station Project — Phase 2: Motion by Sprank to receive and file the documents and adopt Resolution No. 34-26 Series Resolution authorizing and approving a Loan and Disbursement Agreement and providing for the issuance of $14,643,000 Sewer Revenue Bonds, Series 2026 and other documents related to the Series 2026 Bonds, and amending certain provisions. Seconded by Wethal. Van Milligen described the history of the project and the interest rates offered under the State Revolving Loan Fund Program. City Engineer Gus Psihoyos confirmed that the project is currently on schedule. Motion carried 7-0. 7. Ordinance Updates following State v. Pagliai: Motion by Roussell 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 Resnick. Brumwell noted that the Iowa Legislature may consider addressing this issue. Motion carried 7-0. Motion by Roussell for final consideration and passage of Ordinance No. 2-26 Amending City Of Dubuque Code Of Ordinances Title 1 Administration, Chapter 1 General Penalty Section 1 General Penalty And Section 2 Civil Penalty. Seconded by Resnick. Motion carried 7-0. 8. Mobile Food Vendor Ordinance and Related Transient Merchant Amendments: Motion by Roussell 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 Sprank. Breitfelder responded to questions regarding fees and retail alcohol licenses for vendors operating at special events. City Council Members expressed support for extending weekend hours of operation to align with the City's noise ordinance. Motion carried 7-0. Motion by Roussell for final consideration and passage of Ordinance No. 3-26 Amending City Of 6 Page 38 of 1214 Dubuque Code Of Ordinances Title 4 Business And License Regulations And Adopting A New Chapter 9 Mobile Food Vendors and Ordinance No. 4-26 Amending City Of Dubuque Code Of Ordinances Title 4 Business And License Regulations Chapter 5 Solicitors And Transient Merchants Article B Transient Merchants Section 3 Exemptions. Seconded by Sprank. Motion carried 7-0. 9. Dubuque Housing Creation Projects Update Video: Motion by Resnick to receive and file the documents and view the video. Seconded by Wethal. A video was shown featuring progress made over the fourth quarter of 2025 on several housing creation projects in the city. The video can also be seen on the City's YouTube channel at https:HVoutu.be/sOrYA2ttNEc. Motion carried 7-0. COUNCIL MEMBER REPORTS Wethal reported on attending her first Dubuque Metropolitan Area Solid Waste Agency (DMASWA) board meeting, the Police Department's annual awards ceremony, and a Dubuque County Early Childhood Board meeting. Resnick reported on attending the recent Habitat for Humanity open house and the Telegraph Herald's First Citizen Award Celebration for Perry Mason. Roussell reported on attending the Habitat for Humanity open house as well as Dubuque Main St. and HACAP board meetings. Sprank reported on attending the Habitat for Humanity open house and an open house for 2527 Washington St., participating in the Dubuque Racing Association (DRA) nomination committee, attending a Crescent Community Health Center Board meeting, and attending neighborhood association meetings. Leyendecker reported on attending City department orientations and an introduction meeting for the Sister City Committee. Staver reported on attending City department orientations as well as attending his first DRA and Travel Dubuque board meetings. Cavanagh reported on attending the Police Department's awards ceremony, appearing on Iowa Public Radio's program "River to River", and attending the US Conference of Mayors Winter Meeting in Washington, D.C. [OWGI4411&*1** 1101Z Motion by Wethal to convene in closed session at 9:38 p.m. to discuss Purchase or Sale of Real Estate — Chapter 21.5(1)(j) Code of Iowa. Seconded by Leyendecker. 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 11:16 p.m. stating that staff had been given proper direction. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 11:16 p.m. /s/Adrienne N. Breitfelder, CIVIC City Clerk 7 Page 39 of 1214