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08 21 23 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:15 p.m. on August 21, 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 work sessions on State and Federal Grant Updates and Travel Dubuque Updates Assistant City Clerk Trish Gleason announced that work session #2 Travel Dubu- que Update will be rescheduled to a later date. WORK SESSION 1. State and Federal Grant Updates: Director of Strategic Partnerships Teri Goodmann presented information regarding the Federal and State Grants received and not received by the City of Dubuque and on the status of the City of Dubuque’s efforts to secure federal grants working together with city staff, community partners, and with grant writing services consultant Andy Seth of Sustainable Strategies DC. Technical Grant Analyst/Assistant Justin Thiltgen presented further information to the City Council and was present to answer questions. Andy Seth of Sustainable Strategies DC participated by phone to answer ques- tions from City Council. Mr. Seth advised Council to “Step on the Gas” when applying for grants as many of the current grant dollars at the State and Federal level will be going away soon. Having projects closer to a “shovel ready” stage and having a pathway to matching funds will increase the odds of obtaining more of the grands that are being applied for. Motion by Jones to convene in closed session at 9:06 p.m. to discuss Purchase 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 Brum- well. Motion carried 7-0. The City Council reconvened in open session at 9:59 p.m. stating that staff had been given proper direction. There being no further business, Mayor Cavanagh declared the meeting ad- journed at 6:12 p.m. /s/Trish L. Gleason, Assistant City Clerk 3 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on August 21, 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 CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Farber. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 7/31/23 and 8/7/23; Arts and Cultural Affairs Advisory Commission of 6/27/23; Zoning Advisory Commission of 8/2/23; Zoning Board of Adjustment of 7/27/23; Proof of Publication of City Council Proceedings 7/17/23. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Clayton and Nicole Ketchum for property damage; McKenzie Kline for vehicle damage. Upon motion the documents were received, filed, and referred to the City Attorney. 3. Disposition of Claims: City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- surance Pool: 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. 261-23 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 was adopted. RESOLUTION NO. 261-23 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 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 disburse- ments, 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 4 and services have been pre-audited by Finance Department personnel in accordance with generally accepted internal control procedures and have been determined to have been requisitioned for a lawful municipal purpose; and Whereas, the Chief Financial Officer-City Treasurer has provided a list of Expendi- tures attached hereto, and by this reference made a part hereof, to be drawn to pay for goods and services provided for City purposes; and Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142 - 18 adopted May 7, 2018, authorized the Chief Financial Officer -City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to 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 as requested by designated requisitioning authorities in accordance with approved budget appropriations. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Chief Financial Officer are hereby authorized and directed to provide the statement of receipts and disbursements to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 21st day of August, 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 5. Authorized Depository Institutions that adds Iowa Public Agency Investment Trust as an authorized depository institution for the City of Dubuque, renames People’s Na- tional Bank to Capra Bank, and increases DuTrac and Dupaco Community Credit Un- ion’s limit to $40 million. Upon motion the documents were received and filed, and Resolution No. 262-23 Naming Depositories was adopted. RESOLUTION NO. 262-23 Whereas, Chapter 12C.2 of the Code of Iowa states that the approval of a financial institution as a depository shall be by written resolution or order which shall be entered of record in the minutes of the approving board, and which shall distinctly name each depository 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: Section 1. That the following financial institutions are approved to be depositories of the City of Dubuque, Iowa funds in conformance with all applicable provisions of the Io- wa Code Chapter 12C.2. The City Treasurer is hereby authorized to deposit City of Dubuque, Iowa funds in amounts not to exceed the maximum approved for each re- spective financial institution as set out below. Depository Name, Location of Home Office, Maximum Balance 5 MidWestOne Bank, Iowa City, Iowa, $60,000,000 Dubuque Bank & Trust Company, Dubuque, Iowa, $60,000,000 U.S. Bank, Minneapolis, Minnesota, $40,000,000 Fidelity Bank & Trust, Dyersville, Iowa, $40,000,000 Iowa Public Agency Investment Trust, West Des Moines, Iowa, $40,000,000 Dupaco Community Credit Union, Dubuque, Iowa, $40,000,000 DuTrac Community Credit Union, Dubuque, Iowa, $40,000,000 Collins Community Credit Union, Cedar Rapids, Iowa, $40,000,000 Capra Bank, Dubuque, Iowa, $40,000,000 Green State Credit Union, North Liberty, Iowa, $40,000,000 Vibrant Credit Union, Moline, Iowa, $40,000,000 Premier Bank, Dubuque, Iowa, $40,000,000 Hometown Bank, Fond du Lac, Wisconsin, $250,000 Passed, approved, and adopted this 21st day of August 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 6. Letter of Support to the National Endowment for Arts “Our Town” Proposal and Creative Placemaking Grant for The Dubuque Museum of Arts (DuMA): Upon motion the documents were received, filed, and approved. 7. Letter of Support for Monarch Village for Iowa Finance Authority Innovation Set - aside Competition on behalf of Operation Empower and Pivotal Housing Partners : Upon motion the documents were received, filed, and approved. 8. Employment Contracts for City Clerk Adrienne Breitfelder and City Attorney Cren- na Brumwell: Senior Counsel Barry Lindahl is recommending that City Council approve the Employment Contracts for City Clerk Adrienne Breitfelder and City Attorney Crenna Brumwell be approved. Upon motion the documents were received, filed, and approved. 9. Proposed Downtown Rehabilitation Grant Award for 1047 Bluff Street with Forward Investments Group, LLC in the amount of $55,000 - $35,000 for Façade, etc. and $20,000. Upon motion the documents were received and filed, and Resolution No. 263- 23 Approving a grant agreement between the City of Dubuque, Iowa, and Forward In- vestments Group LLC for the redevelopment of 1047 Bluff Street was adopted. RESOLUTION NO. 263-23 APPROVING A GRANT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND FORWARD INVESTMENTS GROUP LLC FOR THE REDEVELOPMENT OF 1047 BLUFF STREET Whereas, Forward Investments Group LLC is the owner of the building at 1047 Bluff Street in the City of Dubuque, Iowa (the “Development Property”) legally described as: Lots 3 and 4 of the Subdivision of the East Part of Out Lot 655 in the City of Dubu- que, Iowa, according to the recorded plat thereof, subject to easements, agree- ments and restrictive covenants of record and local and municipal zoning ordi- nances; and Whereas, Forward Investments Group LLC has applied to the City of Dubuque Eco- nomic Development Department (the “City”) for a Downtown Housing Incentive Grant, a 6 Façade Grant, a Planning & Design Grant, and a Financial Consultant Grant (the “Grants”) for the rehabilitation of the Development Property (the “Project”); and Whereas, the Project is eligible for the Grants; and Whereas, City and Forward Investments Group LLC has tentatively entered into a Grant Agreement for the Development Property (the “Grant Agreement”), a copy of which is attached hereto; and Whereas, it is the determination of the City Council that approval of the Grant Agreement for redevelopment of the Development Property by Forward Investments Group LLC, according to the terms and conditions set out in the Grant Agreement, is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Grant Agreement between the City of Dubuque and Forward In- vestments Group LLC is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Grant Agreement on behalf of the City of Dubuque and the City Clerk is authorized and di- rected 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 Grant Agreement as herein approved. Passed, approved, and adopted this 21st day of August, 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 10. Modification and Vacation of Easement – 1064 and 1076 University Avenue: Up- on motion the documents were received and filed, and Resolution No. 264-23 Approv- ing an Agreement regarding Modification and Vacation of Easements between adjoining properties owned by Chad A. Streff & Kymberly A. Streff was adopted. RESOLUTION NO. 264-23 APPROVING AN AGREEMENT REGARDING MODIFICATION AND VACATION OF EASEMENTS BETWEEN ADJOINING PROPERTIES OWNED BY CHAD A. STREFF & KYMBERLY A. STREFF Whereas, Chad A. Streff & Kymberly A. Streff are the owners of the properties of 1064 and 1076 University Avenue also legally described as: Lot 2 of Lot 4 of the Subdivision of Mineral Lot 80, in the City of Dubuque, Iowa, according to the recorded plat thereof, subject to easements of record; and Lot 3 of Lot 4 of the Subdivision of Mineral Lot 80, in the City of Dubuque, Iowa, according to the recorded plat thereof, subject to easements of record; and Whereas, on November 18, 1993, the City of Dubuque Zoning Board of Adjustment granted a setback and parking variance for an addition to 1076 University Avenue; and Whereas, the Zoning Board of Adjustment place a condition requiring the owner of 1076 University Avenue to secure an access agreement through the adjacent Whisky River Property located at 1064 University; and Whereas, a Joint Driveway and Parking Easement Agreement was filed December 21, 2016 as Instrument No. 2016-17239 that complies with the condition of the variance; and Whereas, the property owners of 1064 and 1076 University Avenue wish to remove the parking portion of the easement from the Joint Driveway and Parking Easement 7 Agreement; and Whereas, the agreement requires the City to approve of any modification or removal to/of the Joint Driveway and Parking Easement Agreement; and Whereas, on July 27, 2023, the Zoning Board of Adjustment approved a parking var- iance for 1076 University that makes the parking requirements of the easement obso- lete; and Whereas, via the attached agreement, the parties have come to terms as set forth herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The agreement regarding modification and vacation of easements at- tached hereto is hereby approved. Section 2. The mayor is authorized and directed to sign the Agreement on behalf of the City of Dubuque. Passed, approved, and adopted this 21st day of August 2023. Brad M. Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk 11. Accepting the 2023 Asphalt Overlay Ramp Project 3 and authorize the payment of the final contract amount of $158,465.49 to Valentine Construction, Co. LLC . Upon motion the documents were received and filed, and Resolution No. 265-23 Accepting the 2023 Asphalt Overlay Curb Ramp Project 3 and Authorizing the Payment to the Contractor was adopted. RESOLUTION NO. 265-23 ACCEPTING THE 2023 ASPHALT OVERLAY CURB RAMP PROJECT 3 AND AU- THORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the 2023 Asphalt Overlay Curb Ramp Project 3 (the Project) has been completed by the Contractor, Valentine Construction Co. LLC, (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 $158,465.49; and Whereas, the Contractor has previously been paid $150,542.21, leaving a balance of $7,923.27; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved, and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor the bal- ance of the retainage of $7,923.27 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 21st day of August 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 8 12. Property Acquisition - 6505 Pennsylvania Avenue Owned by Steven E. and San- dra Jean Bahl for the future widening of Pennsylvania Ave - Middle Road and authoriz- ing acceptance of the Warranty Deed and any other related steps necessary to carry out the terms of the Offer. Upon motion the documents were received and filed, and Resolution No. 266-23 Approving the Acquisition of Real Estate Owned by Steven El- don Bahl and Sandra Jean Bahl, in the City of Dubuque was adopted. RESOLUTION NO. 266 - 23 APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY STEVEN ELDON BAHL AND SANDRA JEAN BAHL, IN THE CITY OF DUBUQUE Whereas, the Dubuque Industrial Center Economic Development District is an urban renewal area which allows the City of Dubuque to capture tax increment revenue from improvements made in the District in order to promote economic development activities; and Whereas, the City of Dubuque intends to expand the Dubuque Industrial Center Eco- nomic Development District; and Whereas, the proposed expansion and amendment of the Dubuque Industrial Center Economic Development District will result in acquisition of certain real estate, namely 6505 Pennsylvania Avenue; and Whereas, Steven Eldon Bahl and Sandra Jean Bahl (the Owners) of this certain real estate have voluntarily agreed to sell to the City of Dubuque the certain real estate le- gally described as follows (the Property): East 10 acres of the SW ¼ of the East ¼ of Section 19, T89N, R2E of the 5th P.M. Dubuque County, Iowa; and Whereas, acquiring the Property will allow expansion of the Dubuque Industrial Cen- ter Economic Development District; and Whereas, the acquisition of this real estate is a voluntarily negotiated purchase by the City of Dubuque under Section 6B.1A of the Code of Iowa, and is not an acquisition by the City of Dubuque through its exercise of the power of eminent domain under Chapter 6B of the Code of Iowa; and Whereas, the Owners have agreed to sell the Property for a cost of $365,000.00 sub- ject to certain credits in the Offer to Buy totaling $8,297.50 for a net cost of $356,702.50; and Whereas, a purchase agreement and acknowledgment of voluntary negotiation have been finalized with the Owners of the real estate scheduled for acquisition; and Whereas, it is in the best interest of the City to acquire the Property, subject to review of the updated abstract and title opinion by the City Attorney’s Office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque, Iowa hereby approves the Offer to Buy Real Estate and Acceptance attached hereto subject to review of the up- dated abstract and title opinion by the City Attorney’s Office. Section 2. That the Mayor be and is hereby authorized and directed to execute the Offer to Buy Real Estate and Acceptance on behalf of the City of Dubuque. Section 3. That the City of Dubuque be and is hereby authorized to accept a Warran- ty Deed from the owner, conveying the owner’s interest to the City of Dubuque, Iowa for the herein described real estate. Section 4. That the City Clerk be and is hereby authorized and directed to cause said 9 Warranty Deed to be recorded in the office of the Dubuque County Recorder, together with a certified copy of this Resolution. Passed, approved, and adopted this 21st day of August 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 13. Plat of Survey Seippel Warehouse LLC Property at Seippel Road and Cottingham Road and Acceptance of the Dedication of Said Lot A for Right of Way and Public Utility Purposes and the 40’ Wide Access and Trail Easement: Upon motion the documents were received and filed, and Resolution No. 267-23 Approving the Plat of Survey of Lot 1 & Lot A of Dubuque Industrial Center South Fourth Addition in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 267-23 APPROVING THE PLAT OF SURVEY OF LOT 1 & LOT A OF DUBUQUE INDUS- TRIAL CENTER SOUTH FOURTH ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a Plat of Survey dated August 8, 2023, prepared by Origin Design describing Lot 1 & Lot A of Dubuque Industrial Center South Fourth Addition in the City of Dubuque, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto; and Whereas, upon said plat appears Lot A, along with a 40’ wide access and trail ease- ment, which Seippel Warehouse, LLC, by said plat has dedicated to the public forever; and Whereas, the dedication of said Lot A as Right of Way of Cottingham Road for street and utility purposes, is in the best interest of the City of Dubuque; and Whereas, the dedication of said 40’ wide easement allows for the construction and maintenance of a future public recreational trail expansion in the Dubuque Industrial Center South Fourth Addition. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated August 8, 2023 prepared by Origin Design, relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat and on behalf of the City of Dubuque, Iowa. Section 2. That the dedication of Lot A of Dubuque Industrial Center South Fourth Addition in the City of Dubuque, for street Right of Way and public utility purposes, to- gether with the 40’ wide access and trail easement as it appears on said Plat of Survey, be and the same are hereby accepted. Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved, and adopted this 21st day of August 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 14. Acceptance of Certain Subdivision Improvements in Rustic Point Estates #2: Up- on motion the documents were received and filed, and Resolution No. 268-23 Accepting 10 Certain Public Improvements in Rustic Point Estates #2, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 268-23 ACCEPTING CERTAIN PUBLIC IMPROVEMENTS IN RUSTIC POINT ESTATES #2, IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to Resolution 281-21, certain public improvements including street paving with curb, sanitary sewer main, water main, storm sewers and catch ba- sins, street lighting, fiber optic conduit, accessible sidewalk ramps, sanitary sewer lift station, and storm water detention facilities were installed by the developer of Rustic Point Estates # 2 in the City of Dubuque, Iowa; and Whereas, per to Resolution 13-23, all public improvements except accessible side- walk ramps, sanitary sewer lift station, and storm water detention facilities were accept- ed by the City of Dubuque; and Whereas, the accessible sidewalk ramps and sanitary sewer lift station improvements have now been fully 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 approved by the City Council and in conformance with City specifications and has rec- ommended 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 accessible sidewalk ramps and sanitary sewer lift station public improvements in Rustic Point Estates #2, be and the same are hereby accepted. Section 2. That the storm water detention facilities are not completed and not being accepted at this time. Section 3. That a maintenance guarantee covering said accessible sidewalk ramps and sanitary sewer lift station public improvements shall be provided by the owners, Derby Grange LLC, for a period of two (2) years from the date of this resolution. Passed, approved, and adopted this 21st day of August 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 15. Application Authorization for a Traffic Safety Improvement Grant to assist with funding to construct a proposed new Northwest Arterial eastbound dedicated right turn lane onto John F. Kennedy Road: Upon motion the documents were received and filed, and Resolution No. 269-23 Authorizing the Filing of a Grant Application with the Iowa Department of Transportation for Traffic Safety Improvement Grant Funding to Assist with Funding for Proposed Improvements to Construct a New Northwest Arterial East- bound Dedicated Right Turn Lane on to John F. Kennedy Road was adopted. RESOLUTION NO. 269-23 AUTHORIZING THE FILING OF A GRANT APPLICATION WITH THE IOWA DE- PARTMENT OF TRANSPORTATION FOR TRAFFIC SAFETY IMPROVEMENT GRANT FUNDING TO ASSIST WITH FUNDING FOR PROPOSED IMPROVEMENTS TO CONSTRUCT A NEW NORTHWEST ARTERIAL EASTBOUND DEDICATED RIGHT TURN LANE ONTO JOHN F. KENNEDY ROAD Whereas, the increasing growth of traffic volumes, along with operational and safety 11 concerns, at the intersection of Northwest Arterial and John F Kennedy (JFK) Road in the City of Dubuque could be improved by constructing a proposed new Northwest Arte- rial eastbound dedicated right turn lane onto John F. Kennedy Road; and Whereas, the City of Dubuque has determined that improvements to this intersection, as recommended by the Northwest Arterial Capacity Study, will improve traffic flow effi- ciency; and Whereas, the City of Dubuque is seeking the necessary funding for project imple- mentation, and upon completion, in cooperation with the Iowa Department of Transpor- tation, be responsible for adequately maintaining and operating the project for public use during the project’s useful life. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Section 1. The City is hereby authorized to file the grant application with the Iowa Department of Transportation for Traffic Safety Improvement Program funding to assist with funding for proposed improvements to construct a proposed new Northwest Arterial eastbound dedicated right turn lane onto John F. Kennedy Road. Passed, approved, and adopted this 21st day of August 2023 Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 16. Ten Year with an Up Front, One-Time Payment of $55,461.60 Extension of Fiber Optic Cable Facilities Agreement with Mediacom Iowa LLC: Upon motion the docu- ments were received, filed, and approved. 17. Rescind Extension of Fiber Optic Cable Facilities Agreement with Mediacom Iowa LLC Public Hearing set for August 21, 2023. Upon motion the documents were received and filed, and Resolution No. 270-23 Rescinding Resolution No. 252-23 was adopted. RESOLUTION NO. 270-23 RESCINDING RESOLUTION NO. 252-23 Whereas, on the 7th day of August 2023, the City Council of the City of Dubuque Io- wa adopted Resolution No. 252-23 for Extension of the Fiber Optic Cable Facilities Agreement with Mediacom Iowa LLC; and Whereas, fiber optic cable and conduit do not constitute “real property” and Whereas, the facilities agreement does not call for a public hearing. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1 Resolution No. 252-23 are hereby rescinded. Passed, approved, and adopted this 21st day of August 2023. Brad Cavanagh, Mayor Attest: Trish Geason, Assistant City Clerk 18. Signed Contracts: Jeremy Biedermann, Andrea Biedermann, Allen Sawell, and Farm Bureau Financial Services for Villa Wall Settlement. Upon motion the documents were received and filed. 19. Approval of Retail Alcohol Licenses: Upon motion the documents were received and filed, and Resolution No. 271-23 Approving applications for retail alcohol licenses, 12 as required by City of Dubuque Code of Ordinances Title 4 Business and License Regu- lations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 271-23 APPROVING APPLICATIONS FOR RETAIL ALCOHOL LICENSES, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQUOR, BEER AND WINE LICENSES 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 ap- proved, and/or approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply 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 DUBUQUE, 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 documentation: Renewals Hy-Vee 1 Market Cafe, 3500 Dodge St. Cafe Area Kwik Stop Food Mart, 2255 Kerper Blvd. Los Aztecas Mexican Restaurant, 2700 Dodge St. National Mississippi River Museum & Aquarium, 350 & 400 East Third St. Pete's Thai Kitchen, LLC, 609 East 22nd St. Southend Tap, 55 Locust. St. Third Corner, 210 West 1st St. West Dubuque Tap, 1701 Asbury Special Event(s) per Special Event Application Submittal Dubuque Jaycees - Millwork Night Market - 9-10-23 to 9-14-23, and 10-8-23 to 10-12- 23, 7th and Jackson St & 9th and Jackson St. Peppercorn Food Company - 9-1-23 to 9-5-23, 9-22-23 to 9-26-23, 10-20-23 to 10-24- 23, and 11-3-23 to 11-7-23, University of Dubuque parking lot Passed, approved, and adopted this 21st day of August 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant 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 Sprank. Motion carried 7-0. 1. Upon motion the documents were received and filed, and Resolution No. 272-23 Fixing the date for a Public Hearing of the City Council of the City of Dubuque, Iowa on a Development Agreement by and Between the City of Dubuque, Iowa and Chadwick Block, LLC, Including the Proposed Issuance of Urban Renewal Tax Increment Reve- nue Obligations Relating Thereto, and Providing for the Publication of Notice Thereof 13 was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on Sep- tember 5, 2023 in the Historic Federal Building. RESOLUTION NO. 272-23 FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND CHADWICK BLOCK, LLC, INCLUDING THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OB- LIGATIONS RELATING THERETO, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, City and Chadwick Block, LLC has entered into a Development Agree- ment, subject to the approval of the City Council, a copy of which is now on file at the Office of the City Clerk, City Hall, 50 W. 13th Street, Dubuque, Iowa for the develop- ment of property located at 249 W 1st Street; and Whereas, the City Council has tentatively determined that it would be in the best in- terests of the City to approve the Development Agreement with Chadwick Block, LLC; and Whereas, it is deemed necessary and advisable that City should authorize Urban Renewal Tax Increment Revenue obligations, as provided by Iowa Code Chapter 403, pursuant to the Development Agreement; and Whereas, before said obligations may be approved, Iowa Code Chapter 403 requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meeting the City Council shall receive oral and/or written objections from any resident or proper- ty owner of said City to such proposed action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause a notice to be published as prescribed by Iowa Code Section 403.9 of a public hearing on the City's intent to authorize Urban Renewal Tax Increment Revenue obligations, to be held on the 5th day of September, 2023, at 6:30 p.m. The official agenda will be posted on Fri- day, August 25, 2023 and will contain listening, viewing, and public input options. The City Council agenda may be accessed at https://cityofdubuque.novusagenda.com/AgendaPublic/ or by contacting the City Clerk’s Office at 563-589-4100, ctyclerk@cityofdubuque.org. Section 2. The City Council will meet at said time and place for the purpose of taking action on the matter of authorizing Urban Renewal Tax Increment Revenue obligations and the execution of the Development Agreement relating thereto with Chadwick Block, LLC, the proceeds of which obligations will be used to carry out certain of the special financing activities described in the Urban Renewal Plan for the Greater Downtown Ur- ban Renewal District, consisting of the funding of economic developments grants to Chadwick Block, LLC pursuant to the Development Agreement. It is expected that the aggregate amount of the Tax Increment Revenue obligations is not estimated to exceed $168,683. Section 3. The Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a newspaper, printed wholly in the English language, pub- lished at least once weekly, and having general circulation in said City, said publication to be not less than four days nor more than twenty days before the date of said meeting 14 on the issuance of said obligations. Section 4. That the notice of the proposed action to issue said obligations shall be in substantially the form attached hereto. Passed, approved, and adopted this 21st day of August, 2023 . Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 2. Upon motion the documents were received and filed, and Resolution No. 273-23 Fixing the Date for a Public Hearing of the City Council of the City of Dubuque, Iowa on a Development Agreement by and Between the City of Dubuque, Iowa, and Farley & Loetscher, LLC, Including the Proposed Issuance of Urban Renewal Tax Increment Revenue Obligations Relating Thereto, and Providing for the Publication of Notice Thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 5, 2023 in the Historic Federal Building. RESOLUTION NO. 273-23 FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND FARLEY & LOETSCHER, LLC, INCLUDING THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS RELATING THERETO, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, City and Farley & Loetscher, LLC have entered into a Development Agreement, subject to the approval of the City Council, a copy of which is now on file at the Office of the City Clerk, City Hall, 50 W. 13th Street, Dubuque, Iowa for the devel- opment of property located at 801 Main Street; and Whereas, the City Council has tentatively determined that it would be in the best in- terests of the City to approve the Development Agreement with Farley & Loetscher, LLC; and Whereas, it is deemed necessary and advisable that City should authorize Urban Renewal Tax Increment Revenue obligations, as provided by Iowa Code Chapter 403, pursuant to the Development Agreement; and Whereas, before said obligations may be approved, Iowa Code Chapter 403 requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meeting the City Council shall receive oral and/or written objections from any resident or proper- ty owner of said City to such proposed action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause a notice to be published as prescribed by Iowa Code Section 403.9 of a public hearing on the City's intent to authorize Urban Renewal Tax Increment Revenue obligations, to be held on the 5th day of September, 2023, at 6:30 o'clock p.m. The official agenda will be posted on Friday, August 25, 2023 and will contain listening, viewing, and public input options. The City Council agenda may be accessed at https://cityofdubuque.novusagenda.com/AgendaPublic/ or by contacting the City Clerk’s Office at 563-589-4100, ctyclerk@cityofdubuque.org. Section 2. The City Council will meet at said time and place for the purpose of taking 15 action on the matter of authorizing Urban Renewal Tax Increment Revenue obligations and the execution of the Development Agreement relating thereto with Farley & Loe- tscher, LLC , the proceeds of which obligations will be used to carry out certain of the special financing activities described in the Urban Renewal Plan for the Greater Down- town Urban Renewal District, consisting of the funding of economic developments grants to Farley & Loetscher, LLC pursuant to the Development Agreement. It is ex- pected that the aggregate amount of the Tax Increment Revenue obligations to be is- sued will be approximately $2,630,619. Section 3. The Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a newspaper, printed wholly in the English language, pub- lished at least once weekly, and having general circulation in said City, said publication to be not less than four days nor more than twenty days before the date of said meeting on the issuance of said obligations. Section 4. That the notice of the proposed action to issue said obligations shall be in substantially the form attached hereto. Passed, approved, and adopted this 21st day of August, 2023 . Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 3. Upon motion the documents were received and filed, and Resolution No. 274-23 Chaplain Schmitt Island Trail Connection Project, Iowa DOT Project No. EDP- 2100(704)—7Y-31 - Preliminary Approval of Plans, Specifications, Form of Contract, and Estimated Cost; Setting Date of Public Hearing on Plans, Specifications, Form of Contract, and Estimated Cost was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 5, 2023 in the Historic Federal Building. RESOLUTION NO. 274-23 CHAPLAIN SCHMITT ISLAND TRAIL CONNECTION PROJECT, IOWA DOT PRO- JECT NO. EDP-2100(704)—7Y-31 - PRELIMINARY APPROVAL OF PLANS, SPECI- FICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The proposed plans, specifications, form of contract and estimated cost for the Chaplain Schmitt Island Trail Connection Project, Iowa DOT Project No. EDP - 2100(704)—7Y-31 in the estimated amount $1,041,415, are hereby preliminarily ap- proved and ordered filed in the office of the City Clerk for public inspection. Section 2. A public hearing will be held on the 5th day of September, 2023, at 6:30 p.m. in the Historic Federal Build- ing Council Chambers (and/or by virtual means) 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 estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. Passed, adopted, and approved this the 21st day of August 2023. Brad M. Cavanaugh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 16 PUBLIC HEARINGS 1. Petition to Vacate a portion of National Street, in the City of Dubuque, Iowa (Agreement between City of Dubuque and Dennis R. Walker): Motion by Jones to re- ceive and file the documents and adopt Resolution No . 275-23 Vacating a Portion of National Street, in the City of Dubuque, Iowa, to be known as Lot 86A in McDaniel’s Park Hill (Aka “Park Hill, City of Dubuque, Iowa 1856), in the City of Dubuque, Iowa and Resolution No. 276-23 Disposing of City Interest in Lot 86A in McDaniel’s Park Hill (Aka “Park Hill, City of Dubuque, Iowa 1856), in the City of Dubuque, Iowa . Seconded by Sprank. Motion carried 7-0. RESOLUTION NO. 275-23 RESOLUTION VACATING A PORTION OF NATIONAL STREET, IN THE CITY OF DUBUQUE, IOWA, TO BE KNOWN AS LOT 86A IN MCDANIEL’S PARK HILL (AKA “PARK HILL, CITY OF DUBUQUE, IOWA 1856), IN THE CITY OF DUBUQUE, IOWA Whereas, per Resolution No. 225-23 the City of Dubuque has entered into an agreement with Dennis R. Walker for the conveyance of City Owned property including a portion of National Street, in the City of Dubuque, Iowa; and Whereas, Dennis R. Walker has requested the vacation of a portion of National Street and the conveyance of the property to Dennis R. Walker per said agreement; and Whereas, Buesing and Associates Inc. has prepared and submitted to the City Coun- cil a plat showing the proposed vacated area of National Street, in the City of Dubuque, Iowa and assigned a lot number thereto, to be known as Lot 86A in McDaniel’s Park Hill (AKA “Park Hill, City of Dubuque, Iowa 1856), in the City of Dubuque, Iowa; and Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 11th day of August 2023, the City Council of the City of Dubuque, Iowa met on the 21st day of August 2023, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa to consider the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written to the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa, has determined that the pro- posed vacation Lot 86A in McDaniel’s Park Hill (AKA “Park Hill, City of Dubuque, Iowa 1856), in the City of Dubuque, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 86A in McDaniel’s Park Hill (AKA “Park Hill, City of Dubuque, Iowa 1856), in the City of Dubuque, Iowa, be and the same is hereby vacated. Passed, approved, and adopted this 21st day of August 2023 Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk RESOLUTION NO. 276-23 DISPOSING OF CITY INTEREST IN LOT 86A IN MCDANIEL’S PARK HILL (AKA “PARK HILL, CITY OF DUBUQUE, IOWA 1856), IN THE CITY OF DUBUQUE, IOWA 17 Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 11th day of August, 2023, the City Council of the City of Dubuque, Iowa met by virtual means on the 21st day of August, 2023, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate de- scribed as: Lot 86A in McDaniel’s Park Hill (AKA “Park Hill, City of Dubuque, Iowa 1856), in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written to the proposal to sell such real estate. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the conveyance of City of Dubuque real property described as Lot 86A in McDaniel’s Park Hill (AKA “Park Hill, City of Dubuque, Iowa 1856), in the City of Dubuque, Iowa, to Dennis R. Walker be and the same is hereby approved. Conveyance shall be by Quit Claim Deed. Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of con- veyance to Dennis R. Walker. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Re- corder and Dubuque County Auditor. Passed, approved, and adopted this 21st day of August 2023 Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 2. Fourth Amendment to Development Agreement by and between the City of Dubu- que, Iowa, and Port of Dubuque LLC: Motion by Jones to receive and file the docu- ments and adopt Resolution No. 277-23 Approving the Fourth Amendment to Develop- ment Agreement Between the City of Dubuque, Iowa and Port of Dubuque LLC Which Provides for the Proposed Awarding of Housing Incentive Acquisition Grants. Seconded by Wethal. Motion carried 7-0. RESOLUTION NO. 277-23 APPROVING THE FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT BE- TWEEN THE CITY OF DUBUQUE, IOWA AND PORT OF DUBUQUE LLC WHICH PROVIDES FOR THE PROPOSED AWARDING OF HOUSING INCENTIVE ACQUISI- TION GRANTS Whereas, the City of Dubuque, Iowa (City) and Merge, LLC entered into a Develop- ment Agreement dated the 18th day of November, 2019, as amended by First Amend- ment dated the 6th day of April, 2020, which provided among other things for the issu- ance of urban renewal tax increment revenue grant obligations (the Grants); and Whereas, Merge, LLC assigned the Development Agreement to Port of Dubuque, LLC on the 13th day of February, 2020, with the consent of City in a Second Amend- ment dated November 16, 2020; and Whereas, a Third Amendment to Development dated May 15, 2020, extended the closing date of the agreement to July 31, 2023; and 18 Whereas, City and Port of Dubuque, LLC. now desire to further amend the Develop- ment Agreement as set forth in the attached Fourth Amendment, subject to the approval of the City Council; and Whereas, the City Council has tentatively determined that it would be in the best in- terests of City to approve the Fourth Amendment to Development Agreement; and Whereas, before said Fourth Amendment may be approved, Chapter 403 of the Code of Iowa requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meeting the City Council shall receive oral and/or written objections from any resident or property owner of said City to such proposed action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Fourth Amendment to Development Agreement by and Between the City of Dubuque, Iowa and Port of Dubuque LLC, a copy of which is attached here- to, including the issuance of Housing Incentive Acquisition Grants, is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Devel- opment Agreement on behalf of the City of Dubuque and the City Clerk is authorized 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 Development Agreement as herein approved Passed, approved, and adopted this 21st day of August, 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 3. 2023 Maintenance Dredging Harbor Area Project: Motion by Roussell to receive and file the documents and adopt Resolution No. 278-23 Approval of Plans, Specifica- tions, form of Contract, and Estimated Cost for the 2023 Maintenance Dredging Project . Bob Schiesl, Assistant City Engineer was present to respond to questions from the City Council. Seconded by Wethal. Motion carried 7-0. RESOLUTION NO. 278-23 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT- ED COST FOR THE 2023 MAINTENANCE DREDGING 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 2023 Maintenance Dredging Project in the estimated amount $500,000.00, are hereby approved. Passed, approved, and adopted this 21st day of August 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 4. Voluntary Annexation Request for Butler Children’s Garden Foundation, Inc., known as The Wanderwood Gardens for approximately 18.7 acres of property: Motion by Farber to receive and file the documents and adopt Resolution No. 279-23 Approving an Application for Voluntary Annexation of Territory to the City of Dubuque, Iowa . Se- conded by Resnick. Motion carried 7-0. 19 RESOLUTION NO. 279-23 APPROVING AN APPLICATION FOR VOLUNTARY ANNEXATION OF TERRITORY TO THE CITY OF DUBUQUE, IOWA Whereas, the City Council of Dubuque has received a written application from the Butler Children’s Garden Foundation, Inc. (applicant and property owner) for the volun- tary annexation of approximately 18.717 acres of property. The property is comprised of undeveloped forest land just north of the Dubuque Arboretum in Dubuque County as shown on Exhibit A and legally described as: All of Lot 2 of Y-Camp Place No. 3 In Dubuque County, Iowa, Containing 18.717 Acres; and Whereas, the annexation territory is not subject to an existing annexation moratorium agreement and does not include any railroad property; and Whereas, the annexation territory does not include State-owned property; and Whereas, Chapter 368 of the Code of Iowa authorizes this annexation by adoption of a resolution and required notification; and Whereas, the annexation territory is consistent with the City’s Comprehensive Plan; and Whereas, the future growth and development of the City of Dubuque, Iowa makes it desirable that the annexation territory be made part of the City of Dubuque, Iowa; and Whereas, the City of Dubuque has the capacity to provide substantial municipal ser- vices to the annexation territory; and Whereas, the annexation is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the application for the voluntary annexation of property by the Butler Children’s Garden Foundation, Inc. (applicant and property owner) consisting of 18.717 acres as shown on Exhibit A is hereby approved for annexation to the City of Dubuque. Section 2. That, subject to the approval of the City Development Board, the corporate limits of the City of Dubuque be and they hereby are extended to include the approxi- mately 18.717 acres of annexation territory as shown on Exhibit A Annexation Map and Exhibit C Annexation Legal Description. Section 3. That the City Council does hereby certify that the City of Dubuque has complied with the notice and hearing requirements of the Iowa Code pertaining to 100% voluntary annexation of territory within the urbanized area of another city. Section 4. That if the City Development Board approves this annexation, the territory hereby annexed shall become a part of Ward Two of the City of Dubuque. Section 5. That the City Clerk shall file this resolution, all exhibits and the applications for voluntary annexation with the City Development Board of the State of Iowa in ac- cordance with the provisions of Chapter 368 of the Iowa Code. Section 6: That the Real Estate owned by Butler Children’s Garden Foundation, Inc. shall be entitled to the following partial exemption from taxation for City taxes for a peri- od of then (10) years following the final order of the City Development Board after the exhaustion of any and all appeals from the action of the Board by any person or the ex- piration of the time within which such appeals may be brought, approving the voluntary annexation of the property: 1. For the first and second year, seventy-five percent (75%) 2. For the third and fourth year, sixty percent (60%) 3. For the fifth and sixth year, forty-five percent (45%) 20 4. For the seventh and eighth year, thirty percent (30%) 5. For the ninth and tenth year, fifteen percent (15%). Passed, approved, and adopted this 21st day of August 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 5. The Zoning Advisory Commission recommends approval of the Request to Re- zone 1064 and 1070 University Avenue by Chad Streff with restrictions: Motion by Jones to receive and file the documents and that the requirement that a proposed ordi- nance 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 Wethal. Motion carried 7-0. Planning Services Manager Wally Wernimont provided a staff report. Motion by Jones for final consideration and passage of Ordinance No. 36-23 Amend- ing Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by Reclassifying Hereinafter Described Property Located at 1064 University Avenue From C-2 Neighborhood Commercial Shopping Center District to C-3 General Commercial District with Conditions as Established in the Attached Memorandum of Agreement. Se- conded by Wethal. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 36 -23 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1064 UNIVERSITY AVENUE FROM C-2 NEIGHBOR- HOOD COMMERCIAL SHOPPING CENTER DISTRICT TO C-3 GENERAL COM- MERCIAL DISTRICT WITH CONDITIONS AS ESTABLISHED IN THE ATTACHED MEMORANDUM OF AGREEMENT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, the Unified De- velopment Code, is hereby amended by reclassifying the hereinafter -described property from C-2 Neighborhood Commercial Shopping Center District to C-3 General Commer- cial District with conditions, to wit: Lot 2 of Lot 4 of the Subdivision of Mineral Lot 80, in the City of Dubuque, Iowa, according to the recorded plats thereof, subject to easements of record and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zon- ing Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication, as provided by law. Passed, approved, and adopted this 21st day of August 2023. /s/Brad M. Cavanaugh, Mayor Attest:/s/Trish L. Gleason, Assistant City Clerk Published officially in the Telegraph Herald newspaper on the 25th day of August, 2023. /s/ Trish L. Gleason, Assistant City Clerk MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5, and as an express condition of rezoning of 21 the property located at 1064 University and legally described as: Lot 2 of Lot 4 of the Subdivision of Mineral Lot 80 in the City of Dubuque, Iowa, according to the recorded plats thereof, subject to easements of record and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa which is the subject of Ordinance No. 36-23, a copy of which is attached hereto and incorporated herein by reference, the undersigned property owner(s) agree(s) to the fol- lowing conditions, all of which the property owner(s) further agree(s) are reasonable and are imposed to satisfy public needs which are caused directly by the rezoning: A) Conditions: 1) That the list of Permitted Uses shall be limited to: 1. Appliance sales or service. 2. Artist studio. 3. Automated gas station. 4. Bank, savings and loan, or credit union. 5. Barber or beauty shop. 6. Bar or Tavern 7. Commercial greenhouse. 8. Furniture or home furnishing sales. 9. Furniture upholstery or repair. 10. Gas station. 11. General office. 12. Golf course. 13. Indoor restaurant. 14. Laundry, dry cleaner, or laundromat. 15. Licensed childcare center. 16. Medical office. 17. Neighborhood shopping center. 18. Parks, public or private, and similar natural recreation areas. 19. Photographic studio. 20. Place of religious exercise or assembly. 21. Railroad or public or quasi-public utility, including substation. 22. Registered child development home. 23. Residential use above the first floor only. 24. Retail sales and service. 25. School of private instruction. 2) All Conditional Uses, Parking Requirements, Sign and Bulk Regulations shall comply with the C-2 Neighborhood Shopping Center Zoning Regulations. 3) Accessory Uses: Any use customarily incidental and subordinate to the principal use it serves. 4) Temporary uses shall be regulated in conformance with the provisions of sec- tion 16-3-19 of this title. 5) Hours of operation for outside activities shall be limited to 9:00 AM to 10:00 PM Sunday thru Thursday and 9:00 AM to Midnight on Friday and Saturday. B) Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate zoning reclassification proceedings to the C-2 Neighborhood Shopping Center District if the property owner fails to complete any of the conditions or provisions of this Agree- ment. C) Modifications. Any modifications of this Agreement shall be considered a zoning 22 reclassification and shall be subject to the provisions of the Title 16, Unified Develop- ment Code, governing zoning reclassifications. All such modifications must be approved by the City Council of Dubuque, Iowa. D) Recording. A copy of this Agreement shall be recorded with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this rezoning ap- proval within ten (10) days of the adoption of Ordinance No. -23. E) Construction. This Agreement shall be construed and interpreted as though it were part of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code. F) This Agreement shall be binding upon the undersigned and his/her heirs, succes- sors, and assignees. ACCEPTANCE OF ORDINANCE NO. 36-23 I, Chad A. Streff and Kymberly A. Streff, having read the terms and conditions of the foregoing Ordinance No. 36-23 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 4th day of August, 2023. /s/Chad A. Streff, property owner /s/Kymberly A. Streff, property owner 6. The Zoning Advisory Commission recommends approval of the Request to Re- zone - 190 North Crescent Ridge from Adam Kafer, SIMS Properties, LLC. as submit- ted: Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Farber. Mo- tion carried 7-0. Planning Services Manager Wally Wernimont provided a staff report. Motion by Jones for final consideration and passage of Ordinance No. 37 -23 Amend- ing Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by Reclassifying Hereinafter Described Property Located at 190 North Crescent Ridge from CS Commercial Service and Wholesale District to C -3 General Commercial Dis- trict. Seconded by Farber. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 37-23 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 190 NORTH CRESCENT RIDGE FROM CS COMMER- CIAL SERVICE AND WHOLESALE DISTRICT TO C-3 GENERAL COMMERCIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code, is hereby amended by reclassifying the hereinafter–described property from CS Commercial Service and Wholesale District to C -3 General Commercial Dis- trict, to wit: Lot 1 of Tschiggfrie Commercial No. 3 and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zon- ing Advisory Commission of the City of Dubuque, Iowa. 23 Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved, and adopted this 21st day of August, 2023 . Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk Published officially in the Telegraph Herald newspaper on the 25th day of August, 2023. /s/ Trish L. Gleason, Assistant City Clerk PUBLIC INPUT Dale Leslein, 17291 Asbury Rd., Durango, Ia. provided input in favor of City Council establishing an ATV-UTV ordinance for the City of Dubuque Paul Schultz, 1040 Mount Carmel Dr. provided input in favor of City Council prioritiz- ing the Food Scrap Composting program. Julie Castella, 1040 Mount Carmel Dr. reiterated the statement made by Mr. Schultz regarding the Food Scrap Composting program. ACTION ITEMS 1. Telegraph Herald "My View" article by Chief Financial Officer Jennifer Larson, Dubuque's credit rating increase can bring substantial taxpayer savings: Motion by Roussell to receive and file the documents. Seconded by Sprank. Motion carried 7 -0. 2. Dubuque Named One of 11 Iowa Thriving Communities by Iowa Finance Authority (IFA) and Iowa Economic Development Authority (IEDA): Motion by Wethal to receive and file the documents. Seconded by Sprank. Motion carried 7-0. 3. Greater Dubuque Development Corporation Quarterly Report and presentation of Annual Report: Motion by Resnick to receive and file the documents and listen to the presentation. Seconded by Farber. Rick Dickinson, President, and CEO of The Greater Dubuque Development Corporation presented the quarterly update on the activities of the Greater Dubuque Development Corporation and provided City Council with copies of the Greater Dubuque Development Corporation 2022 -2023 Annual Report. Motion carried 7-0. 4. Request for Work Session - Developer's Roundtable Report: Motion by Resnick to receive and file the documents and schedule the work session for Monday, November 6, 2023, beginning at 5:15 p.m. Seconded by Jones. No schedule conflicts were ex- pressed. Motion carried 7-0. 5. Platting of City Property along East Fifth Street and Bell Street in the Port of Dubu- que for McCoy Group, Inc. Development Agreement: Motion by Roussell to receive and file the documents and adopt Resolution No. 280-23 Approving Plat of Survey of Lot 1-1 and 2-1 of Riverwalk Ninth Addition, in the City of Dubuque, Dubuque County, Iowa. Seconded by Farber. Motion carried 7-0. RESOLUTION NO. 280-23 APPROVING PLAT OF SURVEY OF LOT 1-1 AND 2-1 OF RIVERWALK NINTH AD- 24 DITION, IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 8th day of August 2023, prepared by The City of Dubuque Engineering Department, re-platting Lot 1 of Riverwalk Ninth Addition, to be hereinafter known as Lot 1-1 and Lot 2-1 of Riverwalk Ninth Addition, in the City of Dubuque, Dubuque County, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated the 8th day of August 2023, prepared by The City of Dubuque Engineering Department relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved, and adopted this 21st day of August 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 6. Request to Rename “Dubuque Ice Arena” to “ImOn Arena”: Motion by Sprank to receive and file the documents and adopt Resolution No. 281-23 Renaming the Dubu- que Ice Arena to ImOn Arena. Seconded by Wethal. Marie Ware, Leisure Services Manager responded to questions from City Council. Motion carried 7-0. RESOLUTION NO. 281-23 RENAMING THE DUBUQUE ICE ARENA TO IMON ARENA Whereas, the City of Dubuque entered into a Development Agreement and Lease which facilitated the construction of an indoor ice arena located on property it owns on Chaplain Schmitt Island in 2009; and Whereas, the indoor ice arena was constructed by Dubuque Community Ice & Rec- reation Center, Inc. between the years of 2009 and 2010 at 1800 Admiral Sheehy Drive, Dubuque, IA 52001; and Whereas, the City entered into a partnership with the Dubuque Racing Association (DRA) on January 1, 2022 with an Interim Staffing Agreement for the Mystique Commu- nity Ice Center; and Whereas, the Schmitt Island Development Corporation and the City executed the Schmitt Island Management Agreement and Addendum on October 20, 2022 to fully transition all ice arena day-to-day management activities beyond what the staffing agreement outlined; and Whereas, the indoor ice arena was originally named The Mystique Community Ice Center and was renamed the Dubuque Ice Arena; and Whereas, the Schmitt Island Development Corporation has focused on sponsorships and naming for the ice arena for efficient and effective management and marketing of the arena; and Whereas, ImOn Communications has signed a letter of intent of initial sponsorship fee in aggregate would be $500,000 in annual installments of $100,000; and 25 Whereas, ImOn Communications would be responsible for all requisite promotional costs associated with the naming rights for items including signage production and in- stallation costs; and Whereas, the name change will help reduce the city subsidy for the ice arena and market the facility. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby changes the name of the indoor ice arena, locat- ed at 1800 Admiral Sheehy Drive, Dubuque, Iowa 52001, from the ‘Dubuque Ice Arena’ to the ‘ImOn Arena’, effectively immediately. Passed, approved, and adopted this 17th day of July 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 7. Proposed Downtown Urban Renewal District Housing Incentive which will offer the choice between 10 years of abatement followed by 5 years of TIF or 15 years of TIF: Motion by Jones to receive and file the documents and approve. Seconded by Wethal. Motion carried 7-0. 8. Invitation to Participate as one of twelve U.S. cities to participate in the inaugural Cities Forward Initiative: Motion by Roussell to receive and file the documents and ap- prove. Seconded by Jones. Motion carried 7 -0. 9. Burlington Street Water Main Improvement Project 2023 Award to Tschiggfrie Ex- cavating in the amount of $312,252.00: Motion by Sprank to receive and file the docu- ments and adopt Resolution No. 282-23 Awarding Public Improvement Contract for the Burlington Street Water Main Improvement Project 2023. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 282-23 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE BURLINGTON STREET WATER MAIN IMPROVEMENT PROJECT 2023 Whereas, sealed proposals have been submitted by contractors for the Burlington Street Water Main Improvement Project 2023, (the Project) pursuant to Resolution No. 230-23 and Notice to Bidders published on the City of Dubuque, Iowa website and plan room service with statewide circulation on the 21st day of July 2023; and Whereas, said sealed proposals were opened and read on the 10th day of August 2023 and it has been determined that Tschiggfrie Excavating of Dubuque Iowa, in the base bid amount of $312,252.00, is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Burlington Street Water Main Improve- ment Project 2023, is hereby awarded to Tschiggfrie Excavating and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, adopted, and approved this 21st day of August, 2023. Brad Cavanagh, Mayor 26 Attest: Trish L. Gleason, Assistant City Clerk 10. Notice of Award & Request to Execute Agreement for 23-24 City of Dubuque AmeriCorps Program: Creating Opportunities Grant: Motion by Jones to receive and file the documents and approve. Seconded by Wethal. Motion carried 7 -0. 11. Merrill Crawford Feature for Leisure Services Summer Employment Promotion: Motion by Jones to receive and file the documents and view the video. Seconded by Farber. Public Information Office staff will show a video profiling Merrill Crawford, a sea- sonal employee in the City's Recreation Division. The video can also be viewed at https://youtu.be/RoLDLKCRmQ0. Motion carried 7-0. 12. Police Department Community Resource Officer Profiles Video: Motion by Jones to receive and file the documents and view the video. Seconded by Sprank. Public In- formation Office staff will show two videos profiling Community Resource Officers Ava Jorin and Dave Weis from the Police Department. The videos can also be seen on YouTube at: Ava Jorin: https://youtu.be/j7wKT8DOWaQ Dave Weis: https://youtu.be/iqZ66vap8pg. Motion carried 7-0. 13. Van Cleave Family & Miracle League of Dubuque Video: Motion by Roussell to receive and file the documents and view the video. Seconded by Wethal. Public Infor- mation Office staff will show a video featuring the Van Cleave family and their involve- ment with the Miracle League of Dubuque. The video can also be viewed at https://youtu.be/901Cr2fKaa4. Motion carried 7 -0. COUNCIL MEMBER REPORTS Council Member Resnick Welcomed students back to Dubuque and complimented the Public Information Office for their video production skills, encouraging the public to watch their productions. Council Member Sprank reported that Loras College had provided transportation to all the incoming freshmen to attend the Saturday Farmers’ Market. Mr. Sprank attended an event sponsored by the Dubuque Esports League that help gamers be mindful when navigating the internet and gaming sites. Council Member Jones thanked Senator Grassley, Senator Ernst, and Congress- woman Hinson for allowing their congressional staff members from Washington D.C. to participate in a tour of Dubuque to see how Dubuque is putting the staff members work into action and how the effects of what the Congress does or doesn’t do directly effects the residents of Dubuque. Mayor Cavanagh reiterated the statement of Council Member Jones and how appre- ciative council was that they all were able to attend. Council Member Wethal reported having coffee with members of the Ecumenical Towers and hearing their views on issues. Ms. Wethal attended the Mount Carmel Bluffs open house in Mayor Cavanagh’s absence. Council Member Farber also attended Mount Carmel Bluffs open house. CLOSED SESSION 27 Motion by Jones to convene in closed session at 9:06 p.m. to discuss Purchase 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 car- ried 7-0. The City Council reconvened in open session at 9:59 p.m. stating that staff had been given proper direction. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 10:00 p.m. /s/Trish L. Gleason, Assistant City Clerk