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04 03 23 City Council Proceedings Official_Special and Regular1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 6:00 p.m. on April 3, 2023, in the second- floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Cavanagh; Council Members Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attorney Brumwell. Mayor Cavanagh read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on the Carnegie-Stout Public Library Strategic Plan. WORK SESSION CARNEGIE-STOUT PUBLIC LIBRARY STRATEGIC PLAN Carnegie-Stout Public Library Director Nick Rossman presented on the Board of Trustees approved Strategic Plan for the Carnegie-Stout Public Library. Mr. Rossman responded to ques- tions from the City Council regarding the availability of free parking options near the library , how parking availability factors into the library’s accreditation, and the previous time a strategic plan was adopted. Responding to a question from the City Council regarding how smart parking options can factor into the library’s parking, City Manager Van Milligen stated that the city will issue a Request for Proposals (RFP) to learn what smart parking options firms can provide. There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:26 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk 2 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on April 3, 2023, 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 PROCLAMATION(S) 1. Sexual Assault Awareness Month (April 2023) was accepted by Sarah McKenzie and Sa- rah Fitzgerald on behalf of the Riverview Center. 2. Junior Achievement Day (April 6, 2023) was accepted by Scott Ellerbach on behalf of Junior Achievement of the Heartland. 3. Community Development Week (April 10-14, 2023) was accepted by Theresa Caldwell, Executive Director of the Dubuque Food Pantry, o n behalf of the Housing and Community De- velopment Department. 4. Dubuque YP Days of Caring (April 28, 2023) was accepted by Carnegie-Stout Public Li- brary Director Nick Rossman on behalf of the Dubuque Area Chamber of Commerce's Young Professionals. 5. Clarke University Women's Basketball Team 2023 NAIA National Champions was ac- cepted by Clarke University Women’s Basketball Head Coach Courtney Boyd and basketball team members Emma Kelchen and Athena Ubl on behalf of Clarke University. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Farber. Motion carried 7 -0. 1. Minutes and Reports Submitted: City Council Proceedings of 3/20/23, 3/21/23, 3/22/23, and 3/23/23; Historic Preservation Commission of 3/16/23; Library Board of Trustees Update of 2/23/23; Proof of Publication for City Council Proceedings of 2/20/23, 2/21/23, 2/27/23, 3/6/23, 3/7/23, 3/8/23, and 3/9/23. Upon motion the documents were received and filed. 3 2. Notice of Claims and Suits: Rebecca Ambrosy for vehicle damage; Connie Carroll for prop- erty damage; Tony Cross for property damage; Susan Harris for vehicle damage; James Hauber for property damage; Ruth McEnany for property damage; Alex Pfeiffer 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: Rebecca Ambrosy for vehicle damage; Connie Carroll for property damage; Tony Cross for property damage; Susan Harris for vehicle damage; James Hauber for property damage; Ruth McEnany for property damage; Alex Pfeiffer for vehicle damage. Upon motion the documents were received, filed, and concurred. 4. Approval of City Expenditures: Upon motion the documents were received and filed, and Resolution No. 79-23 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 was adopted. RESOLUTION NO. 79-23 AUTHORIZING THE CHIEF FINANCIAL OFFICER / CITY TREASURER TO MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT IN AC- CORDANCE 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 ser- vices 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 at- tached 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 City Council approval and such list is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, 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 con- tracts issued in compliance with state and municipal code requirements as requested by desig- nated requisitioning authorities in accordance with approved budget appropriations . Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Chief Finan- cial Officer are hereby authorized and directed to provide the statement of receipts and dis- bursements to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 3rd day of April, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4 5. Fiscal Year 2024 Community Development Block Grant Annual Action Plan: Upon motion the documents were received and filed, and Resolution No. 80-23 Adopting the Fiscal Year 2024 (Program Year 2023) Community Development Block Grant (CDBG) Annual Action Plan for Approval was adopted. RESOLUTION NO. 80-23 ADOPTING THE FISCAL YEAR 2024 (PROGRAM YEAR 2023) COMMUNITY DEVELOP- MENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN FOR APPROVAL Whereas, the City of Dubuque, through a series of public meetings and hearings, proposed a Fiscal Year 2024 (Program Year 2023) Community Development Block Grant Annual Action Plan be approved addressing housing and non-housing needs in the community; and Whereas, the Community Development Advisory Commission held a public hearing on Jan- uary 18th, 2023 to receive community input on the Fiscal Year 2024 (Program Year 2023) Com- munity Development Block Grant Annual Action Plan; and Whereas, the Community Development Advisory Commission unanimously recommended the City Council approve Fiscal Year 2024 (Program Year 2023) Community Development Block Grant Annual Action Plan on January 18th, 2023. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the Community Development Block Grant Fiscal Year 2024 (Program Year 2023) Annual Action Plan, attached hereto and by this reference made a part hereof, is hereby adopted. Section 2. The City Manager or his designee of the City of Dubuque is hereby authorized to direct staff to prepare and submit to the United States Department of Housing and Urban De- velopment the Fiscal Year 2024 (Program Year 2023) Annual Action Plan with a ll related docu- ments, for the use of Community Development Block Grant funds based on this adopted budget and execute standard contracts and agreements. Passed, approved, and adopted this 3rd day of April, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Second Amendment to Community Development Block Grant (CDBG) Subrecipient Agree- ment between the City of Dubuque and Dubuque Community School District : Upon motion the documents were received and filed, and Resolution No. 81-23 Authorizing the Second Amend- ment to the CDBG Subrecipient Agreement between the City of Dubuque and Dubuque Com- munity School District was adopted. RESOLUTION NO. 81-23 AUTHORIZING THE SECOND AMENDMENT TO THE CDBG SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF DUBUQUE AND DUBUQUE COMMUNITY SCHOOL DISTRICT Whereas, the City of Dubuque and Dubuque Community School District entered into a CDBG Subrecipient Agreement Amendment #1 dated May 16, 2022 with respect to the matters speci- fied therein for the archaeological survey and planning costs; and Whereas, the parties desire to modify the Subrecipient Agreement as set out in the Second Amendment to the Subrecipient Agreement attached hereto; and Whereas, the Dubuque Community School District Lincoln Wellness Project provides ser- vices to low- to moderate-income areas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: 5 Section 1. That the Second Amendment to the CDBG Subrecipient Agreement be approved. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute said Amendment on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 3rd day of April 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7. First Amendment to the Housing TIF Agreement with Affordable Housing Network Inc (AHNI): Upon motion the documents were received and filed, and Resolution No. 82-23 Approv- ing the First Amendment to an Agreement with Affordable Housing Network, Inc. for the reh a- bilitation of residential property within the City of Dubuque for resale or rental to low and mod- erate-income families was adopted. RESOLUTION NO. 82-23 APPROVING THE FIRST AMENDMENT TO AN AGREEMENT WITH AFFORDABLE HOUS- ING NETWORK, INC. FOR THE REHABILITATION OF RESIDENTIAL PROPERTY WITHIN THE CITY OF DUBUQUE FOR RESALE OR RENTAL TO LOW AND MODERATE -INCOME FAMILIES Whereas, the City of Dubuque (“City”) and Affordable Housing Network, Inc. (“AHNI”) are parties to an Agreement (the Agreement) dated for refe rence purposes the 3rd day of June, 2019; and Whereas, the parties now desire to amend the agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA, AS FOLLOWS: Section 1. The First Amendment to the Agreement is hereby approved. Section 2. The City Manager is hereby authorized and directed to execute such Amended Agreement on behalf of the City of Dubuque, Iowa. Section 3. The City Council grants the authority to the City Manager or the City Manager’s designee to manage the agreement and act in accordance with the terms of the agreement. Passed, approved, and adopted this 3rd day of April, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 8. Grass and Weed Cutting and Garbage Collection Assessments: Upon motion the docu- ments were received and filed, and Resolution No. 83 -23 Authorizing the city to collect delin- quent grass and weed cutting and garbage collection charges in accordance with Title 6 -4-3A and Title 6-8-2 of the Code of Ordinances of the City of Dubuque, Iowa was adopted. RESOLUTION NO. 83-23 AUTHORIZING THE CITY TO COLLECT DELINQUENT GRASS AND WEED CUTTING AND GARBAGE COLLECTION CHARGES IN ACCORDANCE WITH TITLE 6-4-3A and TITLE 6- 8-2 OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, residential properties in the City of Dubuque are considered substandard if any conditions exist to an extent that endanger life, limb, health, property, safety, or welfare of the public or the occupants thereof; and Whereas, whenever in the judgment of the Housing Officer, a nuisance that is “palpably and indisputably such” exists which requires immediate action to protect the public health, safety or welfare of the public, the Housing Officer may order the emergency abatement of such; and Whereas, delinquent grass and weed cutting and garbage collection charges shall be certified 6 by the City Clerk to the Dubuque County Treasurer for collection with, and in the same manner as general property taxes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section I. That the persons listed on the attached Grass/Weed/Garbage Assessment Sched- ule are delinquent in the payment of grass and weed cutting and garbage collection charges. Section 2. That the City Clerk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named on the attached Grass/Weed/Gar- bage Assessment Schedule are delinquent in the payment of grass and weed cutting and gar- bage collection charges in the amount set aside of the respective names, and that said amounts shall be collected in the same manner as general property taxes against the respective parcels of property set opposite the names of the owners. Passed, approved, and adopted this 3rd day of April, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk Schedule of Assessments Delinquent Grass and Weed Cutting and Garbage Removal Accounts Location; Legal Description; Owner; Parcel #; Amount; Category 3325 Sunset Park; Lot 2-21 BLK 10 Sunset Park Sub; Scoe Properties LLC PO Box 335 Kieler Wi 53812; 1016427016; $236.12; garbage 900 Rhomberg Ave; Lot 14 Hooper's Add; Tch Property Group LLC 9172 Dunkirk St NE Blaine Mn 55449; 1013478004; $77.16; garbage 2095 University Ave; W 2'-1 Sub 13 Mineral Lot 172 Lot 2-13 Min Lot 172 & Lot 2 Mabels Sub; Culbertson, Dorothy A 757 Caledonia Pl Apt #1 Dubuque Ia 52001; 1026132001; $135.00; grass 1698 Jackson St; Lot 1-37 East Dubuque Add; Eichstadt, Alexander Lee & Andress Boggs 765 Estes Ave San Antonio Tx 78209; 1024268001; $135.00; grass 1225 N Booth St; Lot 2-1 Trenks Booth St Pl; Fries, Thomas A 1225 N Booth St Dubuque Ia 52001; 1023483017; $135.00; grass 25 Alpine St; N 55' of Lot 9 & N 55' of Lot 10 Reeder Langworthy's Sub; Gill, Mitchel J & Huguelet, Clare A 25 Alpine St Dubuque Ia 52001; 1025306001; $135.00; grass 717 Lincoln Ave; Lot 69 Cooks Add; Hollister, George A & Marjorie D 1916 1/2 Johnson St Dubuque Ia 52001; 1013483015; $135.00; grass 290 Bryant St; Lot 4 Sub 145 & 146 Union Add; Gneiser, Robert John II & Elizabeth J Runicka-Gneiser 290 Bryant St Dubuque Ia 52003; 1025361010; $135.00; grass 1478 Adair St; W 80' of Lot 5 Woodlawn Park; Weber, Richard D Jr 1478 Adair St Dubuque Ia 52001; 1023465001; $135.00; grass 2240 Hoyt St; Lot 1-3 Pfohls Sub; Schulte, Timothy E 2240 Hoyt St Dubuque Ia 52001; 1023327001; $135.00; grass 2286 Central Ave; W 1/2-S 1/2-Lot 18 & W 1/2- N 1/4-Lot 16P L H Langworthy's Add; Hanen, Shawn C & Christina M 179 S Winter Quarters Road Pampa Tx 79065-2301; 1024130003; $135.00; grass 2240 Hoyt St; Lot 1-3 Pfohls Sub; Schulte, Timothy E2240 Hoyt St Dubuque Ia 52001; 1023327001; $135.00; grass 1698 Jackson St; Lot 1-37 East Dubuque Add; Eichstadt, Alexander Lee & Andress Boggs 765 Estes Ave San Antonio Tx 78209; 1024268001; $135.00; grass 1786 Jackson St; S 1/2 Lot 32 East Dubuque Add; Neal, Phillip & Crystal 1786 Jackson St Dubuque Ia 52001; 1024263002; $135.00; grass 7 1360 Dell St; Lot 2-810 A McDaniel’s Sub; Paul, Jacob R 1825 74th Place Keno sha Wi 53143; 1024340003; $135.00; grass 632 W 8th St; Lot 25 Rogers Sub; Budde, Lance A 7697 N Indian Rdg East Dubuque Il 61025; 1025133009; $135.00; grass 1266 Jackson St; S 1/2 Lot 58 & N 1'6"- N 1/2 - Lot 59 East Dubuque Add; Landlord 36 Holdings LLC 10620 Southern Heights Pkwy Ste 110-802 Las Vegas Nv 89141; 1024435006; $135.00; grass 717 Lincoln Ave; Lot 69 Cooks Add; Hollister, George A & Marjorie D 1916 1/2 Johnson St Dubuque Ia 52001; 1013483015; $135.00; grass 985 Center Pl; Lot 2 Newburghs Sub; Farrey, Nolan R 985 Center Place Dubuque Ia 52001; 1025102006; $135.00; grass 2101 Windsor Ave; Lot 3-63 Cooks Add; Wolbers, Brandon R 2101 Windsor Ave Dubuque Ia 52001; 1013486007; $135.00; grass 2918 Brunswick St; Lot 75 Belmont Add; Klein, Lisa K 2918 Brunswick St Dubuque Ia 52001; 1013133009; $135.00; grass 801 Garfield Ave; Lot 1 Dreibelbis Add; Tabernacle Of Faith Apostolic Church 3197 Highland Park Dr Dubuque Ia 52001; 1013481019; $135.00; grass 2286 Central Ave; W 1/2-S 1/2-Lot 18 & W 1/2- N 1/4-Lot 16P L H Langworthy's Add; Hanen, Shawn C & Christina M 179 S Winter Quarters Road Pampa Tx 79065-2301; 1024130003; $135.00; grass 1225 N Booth St; Lot 2-1 Trenks Booth St Pl; Fries, Thomas A 1225 N Booth St Dubuque Ia 52001; 1023483017; $135.00; grass 1875 Saint Joseph St; Bal-E 50'-E 100'-W 250'-Lot 8 & E 50'-W 100'-E 240'-Lot 9 Sisters Add; Bissell, Ann E 3065 Rundelac Rd Annapolis Md 21403 Land; 1026405017; $135.00; grass 1906 Ellis St; N 1/2 of Lot 44 Coxs Add; Jasro LLC 1560 Langenbery Ave Iowa City Ia 52240; 1024180012; $135.00; grass 1617 Lincoln Ave; Ne 1/2 of Lot 564 Hams Add; Macker, Virginia 155 N Clark Lane Galena Il 61036; 1118152003; $135.00; grass 2095 University Ave; W 2'-1 Sub 13 Mineral Lot 172 Lot 2-13 Min Lot 172 & Lot 2 Mabels Sub; Culbertson, Dorothy A 757 Caledonia Pl Apt #1 Dubuque Ia 52001; 1026132001; $135.00; grass 650 W 8th St; Lot 28 Rogers Sub; Budde's Home Improvement Inc 650 W 8th St Dub uque Ia 52001; 1025133006; $135.00; grass 2240 Hoyt St; Lot 1-3 Pfohls Sub; Schulte, Timothy E 2240 Hoyt St Dubuque Ia 52001; 1023327001; $135.00; grass 900 1/2 Merz St; Lot 2-26 A Stines Sub; Lynch, Cecelia A 900 1/2 Merz St Dubuque Ia 52001; 1013434010; $135.00; grass 3468 Wagon Wheel Ln; Lot 11 Rustic Point Estates; Merrick Construction & Development Corporation 3080 Cedar Crest Ct Ste 103 Dubuque Ia 52003; 1009328006; $135.00; grass 321 Kaufmann Ave; Lot 3 Welands Sub; Valentine, Jeremy R 321 Kaufmann A ve Dubuque Ia 52001; 1025176018; $135.00; grass 730 Berkley Pl; Lot 7 Blk 2 Sunnyview Hills Sub; Twining, Robert D II ; 730 Berkley Pl Dubu- que Ia 52001; 1014404021; $135.00; grass 2095 University Ave; W 2'-1 Sub 13 Mineral Lot 172 Lot 2-13 Min Lot 172 & Lot 2 Mabels Sub; Culbertson, Dorothy A 757 Caledonia Pl Apt #1 Dubuque Ia 52001; 1026132001; $135.00; grass 425 Hill St; Lot 29 Deming & Horrs Sub; Apgar, Griffith D & Kimberly S 425 Hill St Dubuque Ia 52001; 1025176018; $135.00; grass 650 W 8th St; Lot 28 Rogers Sub; Budde's Home Improvement Inc 650 W 8th St Dubuque Ia 8 52001; 1025133006; $135.00; grass 1099 Center Pl; Lot 2-14 McNulty’s Sub & Lot 7 Newburghs Sub; Kruser, Andrew 1099 Center Pl Dubuque Ia 52001; 1024356010; $135.00; grass Cobalt Ct; Lot 1 Sky Blue Estates; EKM LLC 10662 Diesel Dr Dubuque Ia 52001; 1107104034; $190.00; grass 1504 Iowa St; S 20'-S 47'-W 1/2-S 1/5 of City Lot 454; Eichstadt, Alexander Lee & Andress 765 Estes Ave San Antonio Tx 78209; 1024403007; $135.00; grass 1551 Bluff St; E 80' Lot 6 Cooleys Sub; 1551 Bluff Realty LLC 180 E Railroad St West Haver- straw Ny 10993; 1024329040; $147.68; garbage 2565 Central Ave; Lots 1-2 & 1-3 Kiene & Altmans Sub; Zas Properties LLC 605 Bluff St #132 Dubuque Ia 52001; 1013314025; $216.52; garbage 642 N Burden St; Lot 105 O’Neill’s River View; Almond Tree Properties LLC 1603 E Boston Ave Indianola Ia 50125; 1012379007; $260.36; garbage 115 Cherokee Dr; Lot 2-3, 1-4, & 2-1-5 Dubuque Homes Sub #2; McCarty, Kevin K & Nancy A 1894 Norland Dr Dubuque Ia 52002; 1026351005; $152.68; garbage 1266 Jackson St; S 1/2 Lot 58 & N 1'6"- N 1/2 - Lot 59 East Dubuque Add; Landlord 36 Holdings LLC 10620 Southern Heights Pkwy Ste 110-802 Las Vegas Nv 89141; 1024435006; $122.68; garbage 1266 Jackson St; S 1/2 Lot 58 & N 1'6"- N 1/2 - Lot 59 East Dubuque Add; Landlord 36 Holdings LLC 10620 Southern Heights Pkwy Ste 110-802 Las Vegas Nv 89141; 1024435006; $392.86; garbage 2101 Kniest St; Lot 2-3-1-10 Kniest's Sub; Mid-America Property Management LLC Po Box 1572 Dubuque Ia 52004-1572; 1024211016; $93.84; Garbage 1913 Jackson St; Sm 1/5 & S 3' M 1/5 of City Lot 489; Brandel, Brian 2304 Jackson St Dubu- que Ia 52001; 1024254010; $122.68; garbage 556 Clarke Dr; Lots 1-3, 2-3 & 4 All In Buettell's Sub; Nottingham Properties LLC 2115 John F Kennedy Rd Dubuque Ia 52002; 1024155052; $122.68; Garbage 396 Klingenberg Ter; Lots 1, 2-2, 2-3, 2-3A, In C A Voelker Add; Healz 187 Rentals LLC 2435 Coates St Dubuque Ia 52003; 1024133012; $179.02; garbage 2631 University Ave; Lot 1-7 Lenox Add; Dubuque Property Investments LLC 8505 Southern Hills Ct Dubuque Ia 52003; 1027279019; $122.68; garbage 451 W 16th St; Lots 5 & 5a Fairview Sub; All American Rentals LLC 9517 Route 52 S Dubu- que Ia 52003; 1024329007; $192.68; Garbage 2401 Jackson St; Lot 1 New Jackson Sub; Mid-America Property Management LLC Po Box 1572 Dubuque Ia 52004-1572; 1013379031; $147.68; garbage 209 E 22nd St; W 33'-W65'-Lot 84 L H Langworhty's Add; Mid-America Property Management LLC Po Box 1572 Dubuque Ia 52004-1572; 1024203021; $122.68; garbage 909 Rhomberg Ave; Ne 1/2-Lot 17 & Lot 2-1-18 Hooper's Add; Mid-America Property Man- agement LLC Po Box 1572 Dubuque Ia 52004; 1013477015; $147.68; garbage 2413 Jackson St; Lot 3 New Jackson Sub; Brandel, Brian 2413 Jackson St Dubuque Ia 52001; 1013379029; $233.68; garbage 9. Problem Property Assessment: Upon motion the documents were received and filed, and Resolution No. 84-23 Authorizing the city to collect delinquent problem property charges in ac- cordance with 14-1J1 International Property Maintenance Code Section 106.5 and/or Section 109.5 Code of Ordinances of the City of Dubuque, Iowa was adopted. RESOLUTION NO. 84-23 AUTHORIZING THE CITY TO COLLECT DELINQUENT PROBLEM PROPERTY CHARGES 9 IN ACCORDANCE WITH 14-1J1 INTERNATIONAL PROPERTY MAINTENANCE CODE SECTION 106.5 AND/OR SECTION 109.5 CODE OF ORDINANCES OF THE CITY OF DUBU- QUE, IOWA Whereas, residential properties in the City of Dubuque are considered hazardous or unsani- tary premises if problem properties are allowed to deteriorate according to 14 -1J1; and Whereas, whenever in the judgment of the Code Official, a nuisance that is “palpably and indisputably such” exists which requires immediate action to protect the public health, safety or welfare of the public, the Code Official may order the emergency abatement of such; and Whereas, delinquent problem property charges shall be certified by the City Clerk to the Dubuque County Treasurer for collection with, and in the same manner as general property taxes. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the persons listed on the attached Problem Property Assessment Schedule are delinquent in the payment of problem property charges. Section 2. That the City Clerk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named on the attached Problem Property Assessment Schedule are delinquent in the paym ent of problem property charges in the amount set aside of the respective names, and that said amounts shall be collected in the same manner as general property taxes against the respective parcels of property set opposite the names of the owners. Passed, approved, and adopted this 3rd day of April, 2023. Brad M. Cavanaugh, Mayor Attest: Adrienne N. Breitfelder, City Clerk Schedule of Assessments Vacant or Abandoned Building Problem Property Assessments Location; Legal Description; Owner; Parcel #; Amount; Category 548 W 7th St; Lot 18 in Coriell's Dubuque; McDonald, Ronald P 801 Davis St Apt 501 Dubuque Ia 52001; 1025136009; $51,656.47; Demolition charges to remove building 10. Resolution of Support for Proposed Low Income Housing Project in the Am ended Radford Road Urban Revitalization Area: Upon motion the documents were received and filed, and Res- olution No. 85-23 Providing a Letter of Support for a Low-Income Housing Tax Credit Project proposed by Dubuque Housing Group was adopted. RESOLUTION NO. 85-23 PROVIDING A LETTER OF SUPPORT FOR A LOW-INCOME HOUSING TAX CREDIT PRO- JECT PROPOSED BY DUBUQUE HOUSING GROUP Whereas, Dubuque Housing Group (“Developer”), is proposing to submit an application for 9% LIHTC to the Iowa Finance Authority (“IFA”) for a proposed affordable housing project on the Property; and Whereas, IFA requires, as part of an application by the Developer, documentation from the City enumerating project-specific support which is not more than 180 days old on or as of the date the application is submitted; and Whereas, the City Council desires to affirm the project provision of a public benefit by creating new affordable housing units in the community and further desires to affirm support of an appli- cation of LIHTC for the Project and conditional approval of certain financial assistance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 10 DUBUQUE, IOWA, as follows: 1. The City Council affirms and authorizes its support of the proposed Project by the Devel- oper to IFA for the competitive 9% LIHTC funding in the 2023 application round. 2. The City Council provides conditional financial support for the Project through established housing creation incentives, all in accordance with the Amended Radford Road Urban Revitali- zation Area Plan established pursuant to Ordinance No. 52 -19 and Resolution No. 200-22 sub- ject to approval by IFA of the Project for 9% LIHTC Funds in the 2023 application round, and an executed development agreement. Passed, approved, and adopted this 3rd day of April, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 11. Authorizing the Filing of an Application and Letter of Support to the Iowa Economic De- velopment Authority Community Catalyst Building Remediation Grant Program on behalf of Nia Neighborhoods Opportunity Zone Fund, LLC: Upon motion the documents were received and filed, and Resolution No. 86-23 Authorizing the filing of an application and letter of support with the Iowa Economic Development Authority for the application by the City of Dubuque on behalf of Nia Neighborhoods Opportunity Zone Fund, LLC for a Community Catalyst Building Remedi- ation Grant was adopted. RESOLUTION NO. 86-23 AUTHORIZING THE FILING OF AN APPLICATION AND LETTER OF SUPPORT WITH THE IOWA ECONOMIC DEVELOPMENT AUTHORITY FOR THE APPLICATION BY THE CITY OF DUBUQUE ON BEHALF OF NIA NEIGHBORHOODS OPPORTUNITY ZONE FUND, LLC FOR A COMMUNITY CATALYST BUILDING REMEDIATION GRANT Whereas, Nia Neighborhoods Opportunity Zone Fund, LLC has proposed making a One Hun- dred Fifty Thousand Dollar ($188,000.00) investment for the rehabilitation of 1398 White Street in the City of Dubuque, Iowa (the Project); and Whereas, financial assistance from the Iowa Economic Development Authority is designed to assist communities with the development or rehabilitation of buildings to stimulate economic growth or reinvestment in the community; and Whereas, the City of Dubuque intends to apply to the Iowa Economic Development Authority on behalf of Nia Neighborhoods Opportunity Zone Fund, LLC for the Community Catalyst Build- ing Remediation Grant Program; and Whereas, the City Council of the City of Dubuque, Iowa has considered the proposal and determined that the proposed Project will contribute to the local economy through the creati on of housing and jobs in the City, all of which qualify for the Iowa Economic Development Authority Community Catalyst Building Remediation Grant Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the filing of the attached Application and Letter of Support for the City of Dubuque to the Iowa Economic Development Authority on behalf of Nia Neighborhoods Oppor- tunity Zone Fund, LLC for the Community Catalyst Building Remediation Grant Program, is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute, and the City Manager is hereby directed to submit the Application and Letter of Support to the Iowa Economic Devel- opment Authority together with such other documents as ma y be required. 11 Passed, approved, and adopted this 3rd day of April, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 12. Transmission of Application Guidelines for Fiscal Year 2024 Arts & Culture Special Pro- jects Grant Program: Upon motion the documents were received and filed. 13. Transmission of Application Guidelines for Fiscal Year 2024 Arts & Culture Operating Support Grant Program: Upon motion the documents were received and filed. 14. Fiscal Year 2024 Planning Services Department - Increased Fees: Upon motion the doc- uments were received and filed, and Resolution No. 87-23 Rescinding Resolution No. 137-21, Establishing a Schedule of Development Services Fees, and adopting in lieu thereof a New Schedule of Development Services Fees as provided in Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code was adopted. RESOLUTION NO. 87-23 RESCINDING RESOLUTION NO. 137-21, ESTABLISHING A SCHEDULE OF DEVELOP- MENT SERVICES FEES, AND ADOPTING IN LIEU THEREOF A NEW SCHEDULE OF DE- VELOPMENT SERVICES FEES AS PROVIDED IN TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE Whereas, the City Council of the city of Dubuque, Iowa establishes by resolution certain fees for development services pursuant to the Unified Development Code, pursuant to the attached schedule of Development Services Fees for the Planning Services Department. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. Resolution No. 137-21 and its Schedule of Fees is hereby rescinded effective July 1, 2023. Section 2. That the attached Fee Schedule for the Planning Services Department is hereby approved. Section 3. That the attached Fee Schedule shall take effect on July 1, 2023. Passed, approved, and adopted this 3rd day of April, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 15. 2022 Pavement Marking Project: Acceptance of Public Improvement Construction Con- tract: Upon motion the documents were received and filed, and Resolution No. 88-23 Accepting the 2022 Pavement Marking Project and authorizing the payment to the contractor was adopted. RESOLUTION NO. 88-23 ACCEPTING THE 2022 PAVEMENT MARKING PROJECT AND AUTHORIZING THE PAY- MENT TO THE CONTRACTOR Whereas, the public improvement contract for the 2022 Pavement Marking Project, (the Pro- ject) has been completed by the Contractor, SELCO, Inc. (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 $185,507.43; and Whereas, the Contractor has previously been paid $176,232.05, leaving a balance of $9,275.37; and Whereas, the City Council finds that the recommendation of the City Engineer should be 12 accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: SECTION 1. The recommendation of the City Engineer is approved, and the Project is hereby accepted. SECTION 2. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $9,275.37 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 April 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF 2022 PAVEMENT MARK- ING PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 2022 Pavement Marking Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $185,507.43. Dated this 27th day of March 2023. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 27th day of March 2023. /s/Adrienne N. Breitfelder, City Clerk 16. 2023 Asphalt Overlay Curb Ramp Project 3: Upon motion the documents were received, filed, and made a matter of record. 17. English Lane Sanitary Replacement Project: Upon motion the documents were received, filed, and made a matter of record. 18. Rebuilding Bridges to Equity & Employment (RAISE) Grant Publication: Upon motion the documents were received and filed. 19. Signed Contract(s): Engineering & Construction Innovations, Inc. for the Upper Bee Branch Creek Restoration Railroad Sanitary Interceptor Crossing Project; Yamaha Motor Fi- nance Corporation, U.S.A., for Amendment #2 to Equipment Schedule #116561. Upon motion the documents were received and filed. 20. Improvement Contracts / Performance, Payment, and Maintenance Bonds Midwest Con- crete, Inc. for the 2023 Asphalt Overlay Ramp Project Two. Upon motion the documents were received, filed, and approved. 21. Adoption of the March 2023 Replacement Supplement to the City of Dubuque Code of Ordinances: Upon motion the documents were received and filed, and Resolution No. 89-23 Adopting March 2023 Replacement Supplement to the Code of Ordinances of the City of Dubu- que, Iowa was adopted. RESOLUTION NO. 89-23 ADOPTING MARCH 2023 REPLACEMENT SUPPLEMENT TO THE CODE OF ORDI- NANCES OF THE CITY OF DUBUQUE, IOWA 13 Whereas, under the date of August 17, 2009, the City Council, pursuant to Ordinance No. 43-09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its entirety; and Whereas, since August 17, 2009, the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Ordinance; and Whereas, Section 380.8 of the Code of Iowa provides that supplements, by resolution, be- come part of the Code of Ordinance; and Whereas, Code Supplements are prepared by American Legal Publishing of Cincinnati, Ohio and filed in the Office of the City Clerk of the City of Dubuque Iowa; and Whereas, Section C of Ordinance No. 20-21, adopted on May 19, 2021, was omitted from previous supplements of the Code of Ordinances of the City of Dubuque, Iowa; and Whereas, the March 2023 Replacement Supplement incorporates Ordinance No. 20-21 in its entirety within the Code of Ordinances of the City of Dubuque, Iowa. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE IOWA: Section 1. That the March 2023 Replacement Supplement to the City of Dubuque Code of Ordinances is hereby adopted and becomes part of the Code of Ordinances of the City of Dubu- que, Iowa. Passed, approved, and adopted this 3rd day of April 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 22. Amended 2022 City Council Official Proceedings: Upon motion the documents were re- ceived, filed, and approved. 23. Approval of Retail Alcohol Licenses: Upon motion the documents were received and filed, and Resolution No. 90-23 Approving applications for retail alcohol licenses, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 90-23 APPROVING APPLICATIONS FOR RETAIL ALCOHOL LICENSES, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULA- TIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQUOR, BEER AND WINE LI- CENSES AND PERMITS Whereas, applications for retail alcohol licenses have been submitted and filed with the City Council for approval, and the same have been examined, provisionally approved, and/or ap- proved; and Whereas, the premises to be occupied by such applicants were inspected and found to com- ply with the Ordinances of the City, and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA THAT: Section 1. The City Clerk is hereby authorized and directed to cause to be issued at the noted premise address to the following applicants pending submission of the locally required docu- mentation: 14 New Applications Provisional Issuances Gold Standard Athletics 55 John F. Kennedy Rd. Suite 415 Grand River Center 500 Bell St. McAleece Park and Recreation Complex 1801 Admiral Sheehy Dr. Panchero’s Mexican Grill 4840 Asbury Rd. Port of Dubuque Marina 450 East 3rd St. Passed, approved, and adopted this 3rd day of April 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Roussell to receive and file the documents, adopt the resolutions, and set the public hearings as indicated. Seconded by Wethal. Motion carried 7 -0. 1. Proceedings to Set Public Hearing on the Issuance of Not to Exceed $5,800,000 General Obligation Bonds, Series 2023: Upon motion the documents were received and filed, and Res- olution No. 91-23 Setting the date for public hearing and additional action on proposal to enter into General Obligation Loan Agreements and to borrow money thereunder was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on April 17, 2023 i n the Historic Federal Building. RESOLUTION NO. 91-23 SETTING THE DATE FOR PUBLIC HEARING AND ADDITIONAL ACTION ON PROPOSAL TO ENTER INTO GENERAL OBLIGATION LOAN AGREEMENTS AND TO BORROW MONEY THEREUNDER Whereas, the City of Dubuque (the “City”), in Dubuque County, State of Iowa proposes to enter into a loan agreement (the “Fire Protection Facilities Loan Agreement”) and to borrow money thereunder in a principal amount not to exceed $450,000, pursuant to the provisions of Section 384.24A of the Code of Iowa, for the purpose of undertaking repairs and improvements for municipal fire protection facilities, and it is now necessary to fix a date of meeting of the City Council at which it is proposed to take action to enter into the Fire Protection Facilities Lo an Agreement and to give notice thereof as required by such law, including notice of the right to petition for an election on such proposal pursuant to the provisions of Section 384.26 of the Code of Iowa; and Whereas, the City also proposes to enter into a loan agreement (the “Parking Ramp Facilities Loan Agreement”) and to borrow money thereunder in a principal amount not to exceed $450,000, pursuant to the provisions of Section 384.24A of the Code of Iowa, for the purpose of undertaking repairs and improvements to municipal parking ramp facilities, and it is now nec- essary to fix a date of meeting of the City Council at which it is proposed to take action to enter into the Parking Ramp Facilities Loan Agreement and to give notice thereof as required by such law, including notice of the right to petition for an election on such proposal pursuant to the provisions of Section 384.26 of the Code of Iowa; and Whereas, the City also proposes to enter into a loan agreement (the “Five Flags Arena Loan Agreement”) and to borrow money thereunder in a principal amount not to exceed $700,000, pursuant to the provisions of Section 384.24A of the Code of Iowa, for the purpose of undertak- ing repairs and improvements to the Five Flags Arena facilities, and it is now necessa ry to fix a 15 date of meeting of the City Council at which it is proposed to take action to enter into the Five Flags Arena Loan Agreement and to give notice thereof as required by such law, including notice of the right to petition for an election on such p roposal pursuant to the provisions of Section 384.26 of the Code of Iowa; and Whereas, the City also proposes to enter into a loan agreement (the “Urban Renewal Loan Agreement” and together with the Fire Protection Facilities Loan Agreement, the Parking Ra mp Facilities Loan Agreement, and the Five Flags Arena Loan Agreement, the “Loan Agreements”), pursuant to the provisions of Section 384.24A and Section 384.24.3(q) of the Code of Iowa, and to borrow money thereunder in a principal amount not to exceed $4,650,000 for the purpose of paying the costs, to that extent, of undertaking the Mystique Community Ice Center (Dubuque Ice Arena) Settling Remediation and Building Improvements Project, an authorized urban re- newal project in the Dubuque Greater Downtown Urban Renewal Area, and it is now necessary to fix a date of meeting of the City Council at which it is proposed to take action to enter into the Urban Renewal Loan Agreement and to give notice thereof as required by such law, including notice of the right to petition for an election on such proposal; NOW, THEREFORE, Be It Resolved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. This City Council shall meet on April 17, 2023, at the Historic Federal Building, 350 W. 6th St., Second Floor Council Chambers, Dubuque, Iowa, at 6:30 o’clock p.m., at which time and place a hearing will be held and proceedings will be instituted, and action taken to enter into the Loan Agreements described in the preamble hereof. Section 2. The City Clerk is hereby directed to give notice of the proposed action on the Fire Protection Facilities Loan Agreement setting forth the amount and purpose thereof, the time when and place where the said meeting will be held by publication at least once, not less than ten (10) and not more than twenty (20) days before the date of said meeting, in a legal newspa- per which has a general circulation in the City. The notice shall be in substantially the [Provided] form: Section 3. The City Clerk is hereby directed to give notice of the proposed action on the Parking Ramp Facilities Loan Agreement setting forth the amount and purpose thereof, the time when and place where the said meeting will be held by publication at least once, not less than ten (10) and not more than twenty (20) days before the date of said meeting, in a legal newspa- per which has a general circulation in the City. The notice shall be in substantially the [Provided] form: Section 4. The City Clerk is hereby directed to give notice of the proposed action on the Five Flags Arena Loan Agreement setting forth the amount and purpose thereof, the time when and place where the said meeting will be held by publication at least once, not less than ten (10) and not more than twenty (20) days before the date of said meeti ng, in a legal newspaper which has a general circulation in the City. The notice shall be in substantially the [Provided] form: Section 5. The City Clerk is hereby directed to give notice of the proposed action on the Urban Renewal Loan Agreement setting forth the amount and purpose thereof, the time when and place where the said meeting will be held by publication at least once, not less than ten (10) and not more than twenty (20) days before the date of said meeting, in a legal newspaper which has a general circulation in the City. The notice shall be in substantially the [Provided] form: Section 6. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 7. This resolution shall be in full force and effect immediately upon its adoption and approval, as provided by law. 16 Passed and approved April 3, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Set Public Hearing for Sale of City-Owned Property at 2407 Queen Street: Upon motion the documents were received and filed and Resolution No. 92-23 Intent to dispose of an interest in City of Dubuque Real Estate to Melissa Sarazin, setting a time and place for hearing, and providing for the publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on April 17, 2023 in the Historic Federal Building. RESOLUTION NO. 92-23 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE TO MELISSA SARAZIN, SETTING A TIME AND PLACE FOR HEARING, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) owns 2407 Queen Street (the Property) legally described as: Lot 2 of Lot 70 in Plat of Lots 70, 71 and 72 Addit ional to Stafford’s Addition; and Lot 1 of the Subdivision of Lot 69 in Stafford’s Addition, being Mineral Lot 321 in the City of Dubuque, Iowa, according to the recorded plat thereof; and Whereas, the City acquired the property through purchase from the p revious owner with the intent of rehabilitation with CDBG Purchase/Rehab/Resale; and Whereas, it is the recommendation of the Housing and Community Development Department to approve the purchase agreement for the sale to Melissa Sarazin according to the t erms and conditions set out in the purchase agreement in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the City of Dubuque, Iowa, proposes to approve the purcha se agreement of the above-described real estate to Melissa Sarazin. Section 2. That the City Council shall conduct a public hearing on the proposed purchase agreement in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa on the 17th day of April 2023, beginning at 6:30 PM. Section 3. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing in the form attached hereto, according to law. Passed, approved, and adopted this 3rd day of April 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Resolution of Necessity for the Proposed Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, Version 2023.2 : Upon motion the documents were received and filed and Resolution No. 93-23 Authorizing and directing the City Manager to prepare an Amended and Restated Urban Renewal Plan, Version 2023.2 for the Greater Down- town Urban Renewal District and setting the date for a public hea ring and consultation on the proposed Amended and Restated Urban Renewal Plan, Version 2023.2 for said district was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 1, 2023 in the Historic Federal Building. RESOLUTION NO. 93-23 AUTHORIZING AND DIRECTING THE CITY MANAGER TO PREPARE AN AMENDED AND RESTATED URBAN RENEWAL PLAN, VERSION 2023.2 FOR THE GREATER DOWNTOWN 17 URBAN RENEWAL DISTRICT AND SETTING THE DATE FOR A PUBLIC HEARING AND CONSULTATION ON THE PROPOSED AMENDED AND RESTATED URBAN RENEWAL PLAN, VERSION 2023.2 FOR SAID DISTRICT Whereas, the City Council of the City of Dubuque has heretofore approved the Amended and Restated Urban Renewal Plan (the “Plan” of “Urban Renewal Plan”) for the Greater Downtown Urban Renewal District (the “District”) in order to provide redevelopment opportunities which will further the purposes and objectives of the Urban Renewal Plan; and Whereas, City staff has recommended that the Urban Renewal Plan be further amended and restated to add a project to the public purpose activities in the District specifically, Five Flags Center Building Improvements; and Whereas, Iowa Code Chapter 403 requires that before an Urban Renewal Plan may be mod- ified, the City Council must follow the notification, consultation, and public hearing process set forth herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the City Manager is authorized and directed to prepare an Amended and Restated Urban Renewal Plan, Version 2023.2 for the Greater Downtown Urban Renewal Dis- trict to accomplish the foregoing purposes and objectives, to include in such Amended and Re- stated Urban Renewal Plan, Version 2023.2 any appropriate project activities and details, to determine an appropriate date for and conduct the consultation process required by law with affected taxing entities concerning the proposed Amended and Restated Plan, Version 2023.2. Section 2. That the City Clerk is directed to publish notice of a public hearing on the adoption of an Amended and Restated Urban Renewal Plan, Version 2023.2 for the Greater Downtown Urban Renewal District to be held on the 1st day of May, 2023, at 6:30 p.m. in the form attached hereto. The notice of said hearing shall generally identify the areas covered by the proposed Amended and Restated Urban Renewal Plan, Version 2023.2 and the general scope of the urban renewal activities planned for such areas and said notice shall be published in a newspa- per having general circulation within the City not less than four days nor more than twenty days before the date of said meeting. A copy of the notice of the public hearing shall be sent by ordinary mail to the affected taxing entities. Section 3. That the Economic Development Director is directed to s end by ordinary mail a copy of the proposed Amended and Restated Urban Renewal Plan, Version 2023.2, the notice of public hearing, a notice of consultation, and, to the extent the Amended and Restated Urban Renewal Plan, Version 2023.2 includes the use of tax increment revenues for a public building, an analysis of alternative development and funding options for such public buildings, to the Dubuque Community School District Board of Education and Dubuque County Board of Super- visors, as the affected taxing entities. Passed, approved, and adopted this 3rd day of April, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk BOARDS/COMMISSIONS Boards and Commission Applicant Review: 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. Equity and Human Rights Commission: Three, 3-Year terms through January 1, 2026 (Ex- pired terms of Dixon, Durnin, and Kurczek); One, 3-Year term through January 1, 2024 (Vacant 18 term of Branch). Applicants: Pamela Birch, 1550 Butterfields Dr.; Jake Kurczek, 1110 Victoria Pl.; Kristen Leffler, 159 Julien Dubuque Dr.; Lauren Link, 535 West 5th St.; Candace Raymond, 1155 Tressa St.; Enoc Sanchez, 2130 Morningview Rd.; Theresa Sampson Browm, 2285 Clydesdale Crt.; Nina Streauslin, 3904 Cora Dr. This commission is subject to the State of Iowa Gender Balance Law, §69.16A. 9 Commissioners total; currently 1 male/3 females/ 5 openings. *Openings were advertised for 90 days while non-female identifying applicants were sought in adherence with Iowa Code 69.16A Gender Balance. *One additional 3-Year term through Jan- uary 1, 2024 (Vacant term of Evans) will be presented for applican t review at the May 1, 2023 City Council meeting. This term is being advertised for 90 days while non -female identifying applicants are sought in adherence with Iowa Code 69.16A Gender Balance. City Clerk Breit- felder announced that Equity and Human Rights Commission Chairperson Carla Anderson, 1131 Main St. Apt. 1, submitted written input in support of Mr. Sanchez’s application. 2. Park and Recreation Advisory Commission: One, 3-Year term through June 30, 2025 (Va- cant term of Wood). Applicants: Shirley Snow, 779 University Ave.; Jason Henkel, 1888 Saint Joseph St. PUBLIC HEARINGS 1. Submission of Annual Public Housing Agency (PHA) Plan – Federal Fiscal Year 2023 (PHA Fiscal Year 2024) Annual Plan: Motion by Resnick to receive and file the documents and adopt Resolution No. 94-23 Authorizing the Mayor to execute the Certification by State or Local Office of Public Housing Agency (PHA) Plan’s Consistency with the Consolidated Plan and ap- proval of the PHA Fiscal Year 2024 Annual Plan. Seconded by Roussell. Anthony Allen, Dubu- que NAACP President; and R.R.S. Stewart, 460 Summit St. and 741 W. 3rd St., Dubuque NAACP Treasurer, spoke in opposition to the proposed plan, referencing the United States De- partment of Housing and Urban Development’s (HUD) past conclusion that the city’s previous policy on granting preference for housing choice vouchers (HCVs) to local residents was dis- criminatory. Tom LoGuidice, 786 Stoneridge Pl., expressed concerns that low-income residents cannot find quality housing and provided information on subsidized housing under Section 42. Responding to a question from the City Council, Housing and Community Development Director Alexis Steger stated that the city added 110 affordable housing units last year. Ms. Steger stated that the city has not yet implemented residency preference for HCVs and that the department has ongoing conversations with HUD regarding the proposed residency preference. City Man- ager Van Milligen stated that HUD authorizes the city for over 1100 HCVs but only funds a round 800, and that if the city does not use all of the allocated HCVs then the city may receive less funding the following year. City Manager Van Milligen also stated that HUD provided names of cities that currently have residency preference provisions. City Attorney Brumwell referenced Code of Federal Regulations (CFR): 24 CFR 960.206, which states that residency requirements are prohibited but residency preferences are permitted. City Attorney Brumwell further stated that the plan is renewed on an annual basis and that the City Council has more control over the day-to-day operations of the administrative plan. Ms. Steger stated that the department will re- ceive a Section 8 audit from HUD this June and will also receive eight hours of technical assis- tance on any topic of their choice, both of which will provide the department with key data and feedback for the plan. City Council members discussed the perceptions of residency preference and whether the plan should include it. City Council members also discussed the need for af- fordable housing and the importance of maintaining their allocated federal funding for HCVs. Motion carried 5-2 with Resnick and Wethal voting nay. 19 RESOLUTION NO. 94-23 AUTHORIZING THE MAYOR TO EXECUTE THE CERTIFICATION BY STATE OR LOCAL OFFICE OF PUBLIC HOUSING AGENCY (PHA) PLAN’S CONSISTENCY WITH THE CON- SOLIDATED PLAN AND APPROVAL OF THE PHA FISCAL YEAR 2024 ANNUAL PLAN Whereas, the U.S. Department of Housing and Urban Development requires submission of the Public Housing Agency (PHA) Plan on an annual basis; and Whereas, the U.S. Department of Housing and Urban Development requires Certification of the PHA Plan’s Consistency with the Consolidated Plan; and Whereas, the Housing commission held a public meeting to review the Annual P lan on Jan- uary 31, 2023; and Whereas, the Resident Advisory Board held a public meeting to review the Annual Plan on February 6, 2023; and Whereas, the City Council held a public hearing to receive comment on the proposed Public Housing Authority Fiscal Year 2024 Annual Plan on April 3, 2023. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE IOWA: Section 1: That the Mayor is hereby authorized and directed to certify the PHA Federal Fiscal Year 2023 Annual Plan’s Consistency with the Consolidated Plan; and Section 2: That the Director of Housing and Community Development is hereby authorized to submit the PHA Annual Plan, and the Certification as required by the U.S. Department of Housing and Urban Development. Passed, approved, and adopted this 3rd day of April, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Resolution of Approval for the Proposed Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, Version 2023.1: Motion by Resnick to receive and file the documents and adopt Resolution No. 95 -23 Approving the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, Version 2023.1. Se- conded by Farber. Motion carried 7-0. RESOLUTION NO. 95-23 APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT, VERSION 2023.1 Whereas, by Resolution 62-23 on March 6, 2023, the City Council of the City of Dubuque, Iowa authorized the preparation of an Amended and Restated Urban Renewal Plan (the "Amended and Restated Plan, Version 2023.1") for the Greater Downtown Urban Renewal Dis- trict (the "District"); and Whereas, the City of Dubuque's primary objective for the Amended and Restated Plan, Ver- sion 2023.1, is to provide opportunities which will further economic development purposes and objectives and remediate blighting conditions, and to address these objectives, additional pro- jects are being added as described in the Amended and Restated P lan; and Whereas, a consultation process has been undertaken with affected taxing entities in accord- ance with Chapter 403 of the Code of Iowa with no written objections or recommended changes to the Amended and Restated Plan, Version 2023.1, received; and Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public hearing on the proposed Amended and Restated Plan, Version 2023.1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: 20 Section 1. That the Amended and Restated Urban Renewal Plan, Version 2023.1, for the Greater Downtown Urban Renewal District, on file in the City Clerk's Office and made reference to herein, is hereby approved. Section 2. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and directed to file a certified copy of this Resolution in the office of the Dubuque County Auditor. Passed, approved, and adopted this 3rd day of April, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Public Hearing for Sale of City-Owned Property at 612 Lincoln Avenue: Motion by Sprank to receive and file the documents and adopt Resolution No. 96 -23 Disposing of city interest in real property at 612 Lincoln, in the City of Dubuque, Iowa. S econded by Jones. Motion carried 7-0. RESOLUTION NO. 96-23 DISPOSING OF CITY INTEREST IN REAL PROPERTY AT 612 LINCOLN, IN THE CITY OF DUBUQUE, IOWA Whereas, the City Council, by Resolution No. 71-23, dated March 20, 2023, declared its intent to dispose of City interest in real property located at 612 Lincoln Avenue (the Property) legally described as: Southwesterly Half of Lot 53 and Lot 1 of Lot 54 in Cook’s Addition to the City of Dubuque, Iowa, according to the recorded plat thereof; and Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on April 3, 2023, at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council that approval of the purchase agreement for the sale to Affordable Housing Network, Inc. according to the terms and conditions set out in the purchase agreement is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The purchase agreement by and between the City of Dubuque and Affordable Housing Network, Inc. for the sale of the Property, a copy attached hereto, is hereby authorized to be executed by the Mayor. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute a Special Warranty Deed, conveying the City’s interest in the Property to Affordable Housing Network, Inc. Section 3. That the City Clerk is hereby authorized and directed to cause said Special War- ranty Deed to be delivered to the City Attorney’s Office, together with a certified copy of the Resolution. Passed, approved, and adopted this 3rd day of April 2023. Brad M. Cavanagh, Mayor Attest Adrienne N. Breitfelder, City Clerk PUBLIC INPUT Jim Gantz, 12241 Forest Meadow Dr., spoke regarding his Union Park Place Town Apart- ments and Townhomes Development Plan that he submitted to the city and the proposed ac- cess to the property on the Northwest Arterial. 21 ACTION ITEMS 1. Subdivision Development Agreement for a Portion of Asbury Plaza Subdivision along Plaza Drive to be known as Asbury Plaza No. 22 : Motion by Roussell to receive and file the documents and adopt Resolution No. 97-23 Approving a Subdivision Development Agreement for a portion of Asbury Plaza by and among the City of Dubuque, Iowa, Talon Development, LLC, Eagle Construction, Inc., and Fox Hills Apartments, LLC. Seconded by Wethal. Motion carried 7-0. RESOLUTION NO. 97-23 APPROVING A SUBDIVISION DEVELOPMENT AGREEMENT FOR A PORTION OF AS- BURY PLAZA BY AND AMONG THE CITY OF DUBUQUE, IOWA, TALON DEVELOPMENT, LLC, EAGLE CONSTRUCTION, INC., AND FOX HILLS APARTMENTS, LLC Whereas, the City of Dubuque is party to a Subdivision Development Agreement by and among the City of Dubuque, Iowa, an Iowa municipal corporation (City), Talon, LLC, a South Dakota Limited Liability Company, d/b/a Talon Development (as Developer), Eagle Construc- tion, Inc., a South Dakota Corporation (as Contractor), and Fox Hills Apartments, LLC, a South Dakota Limited Liability Company (as Owner), dated March 30, 2023, for construction of public improvements and the dedication of public street right of way and associated easements over Lot 1 of Asbury Plaza No. 21, in the City of Dubuque, in conjunction with the Fox Hills residential subdivision project to be known as Asbury Plaza No. 22; and Whereas, the developer desires to construct and provide subdivision improvements including streets with longitudinal subdrains and concrete curb and gutter, a paved cul -de-sac, sanitary sewer mains, water mains, a storm water detention basin, storm sewers and catch basins, boulevard street lighting, fiber optic conduit and vaults, accessible sidewalk ramps, concrete sidewalks, and appropriate erosion control devices, to the site and will need to construct and carry out any other activities associated with the project in accordance with City plans and spec- ifications; and Whereas, upon completion of the project, the developer wishes to dedicate the public Project improvements, street right of ways, storm water detention basin lot, and associated easements to the City; and Whereas, the City of Dubuque has reviewed and approved the design and construction plans, and has reviewed and approved the dedication of right of way and easemen t plats, for said public improvements as required by the Subdivision Development Agreement; and Whereas, Talon, LLC, a South Dakota Limited Liability Company, d/b/a Talon Development (Developer), Eagle Construction, Inc., a South Dakota Corporation (Contra ctor), and Fox Hills Apartments, LLC, a South Dakota Limited Liability Company (Owner) have executed the Sub- division Development Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The Subdivision Development Agreement attached hereto is hereby approved and the City Manager is authorized to execute said agreement on behalf of the City. Passed, approved, and adopted this 3rd day of April 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, CMC, City Clerk 22 2. Work Session Request: Flock Safety Automated License Plate Reader Presentation : Mo- tion by Jones to receive and file the documents and schedule the work session for 5:15 p.m. on Monday, May 15, 2023. Seconded by Resnick. No schedule conflicts were expressed. Motion carried 7-0. 3. Rightsize Your Trash Cart Video: Motion by Roussell to receive and file the documents and view the video. Seconded by Farber. Media Services showed a video on rightsizing your trash cart that was launched in advance of the citywide deployment of 35 -gallon carts in early April. The video was produced by Media Services staff in the Public Information Office and can be viewed at: https://youtu.be/-8VuB3EjyGk. Motion carried 7-0. COUNCIL MEMBER REPORTS Mayor Cavanagh and Council Members Farber, Jones, and Wethal reported on the City Council’s recent trip to Washington, D.C. to meet with federal legislators and agencies. Mayor Cavanagh and Council Member Jones also reported on the recent severe weather. Additionally, Council Member Jones reported on receiving a book on Ted Ellsworth from a group of residents advocating that Pyatigorsk Park be renamed in honor of Ted Ellsworth. Council Member Jones stated he was unable to accept the book due to the Gift Law provision of Iowa Code but has provided it to Carnegie-Stout Public Library for public view. CLOSED SESSION Motion by Jones to convene in closed session at 8:20 p.m. to discu ss Purchase or Sale of Real Estate – Chapter 21.5(1)(j) Code of Iowa. Seconded by Roussell. Mayor Cavanagh stated for the record that the attorney who will consult with the City Council on the issues to be dis- cussed in the closed session is City Attorney Brumwell. Motion carried 7-0. The City Council reconvened in open session at 9:14 p.m. stating that staff had been given proper direction. There being no further business, Mayor Cavanagh declared the meeting adjourned at 9:14 p.m. /s/Adrienne N. Breitfelder, City Clerk