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10 16 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 5:45 p.m. on October 16, 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 a quarterly Sustainable Dubuque update. 1. Sustainable Dubuque Work Session: Director of Sustainability Gina Bell prepared an in- depth look at the Climate Action Plan as it relates to values City Council holds and actions the City Council can take. Council participated in an interactive presentation to indicate their priori- ties within the sustainability department. There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:25 p.m. /s/Trish Gleason, Assistant 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 October 16, 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 PROCLAMATIONS 1. Keeping the Lights on After School (October 20, 2023) was accepted by Beth McGorry, Director of Donor Relations, on behalf of St. Mark Youth Enrichment 2. Domestic Violence Awareness Month (October 2023) was accepted by Angela Heister and Jenny Sheehan, Domestic Violence Victim Advocates, on behalf of Waypoint. 3. Arts and Humanities Month Proclamation (October 2023) was accepted by Arts and Cul- tural Affairs Coordinator Bonnie Spurling and Nicholas Harder, Arts and Cultural Affairs Advi- sory Commission Chair. 4. Extra Mile Day (November 1, 2023) was accepted by AmeriCorps Director Heather Sat- terly of Leisure Services, on behalf of Extra Mile America. CONSENT Citizens requested Nos. 5, 8 and 22 be held for separate discussion. Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated except for item numbers 5, 8, and 22. Seconded by Farber. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 10/2/23; Zoning Advisory Commission Minutes of 10/4/23; Proof of Publication of City Council Proceedings of 9/5/23, 9/11/23, 9/12/23, 9/18/23. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Jill Boge for vehicle damage; Mary Burke for vehicle damage; Linda Irish for vehicle damage; J P Gasway Co Inc for vehicle damage; Lori Meyer for property damage; Mercy One Medical Center for property damage; Erica Nelson 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 Assurance Pool: City Jill Boge for vehicle damage; Mary Burke for vehicle damage; Linda Irish for vehicle 3 damage; Lori Meyer for property damage; Erica Nelson for vehicle damage; J P Gasway Co Inc for vehicle damage. Upon motion the documents were received, filed, and concurred. 4. Notice of Appeal of Claim: Jim Hauber for property damage; Clayton and Nicole Ketchum for property damage Upon motion the documents were received and filed. 5. Appeal of Claim by Clayton and Nicole Ketchum : City Attorney recommending denial of an appeal of a claim against the City filed by Clayton and Nicole Ketchum for property damage. Motion by Resnick to receive and file and concur. Seconded by Jones. Nicole Ketchum spoke and requested City Council approve the appeal of claim. Motion carried 7-0. 6. Approval of City Expenditures: Upon motion the documents were received and filed, and Resolution No. 333-23 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 proce- dures was approved. RESOLUTION NO. 333-23 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 services have been pre-audited by Finance Department personnel in accordance with gener- ally accepted internal control procedures and have been determined to have been requ isitioned for a lawful municipal purpose; and Whereas, the Chief Financial Officer-City Treasurer has provided a list of Expenditures 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 Cit y Council ap- proval 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 contracts issued in compliance with state and municipal code requirements a s requested by designated requisitioning authorities in accordance with approved budget appropriations. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Chief 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 16th day of October, 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 7. City News Newsletter - November/December 2023: Upon motion the documents were received and filed. 4 8. Dubuque Audubon Society Correspondence and Petition: Motion by Jones to receive and file the documents. Seconded by Roussell. Ken Kiss from the Dubuque Audubon Society spoke in favor of retaining grasslands and presented the Evaluation and management of grasslands at the Dubuque Technology Park for grassland bird diversity Final Report to Council Motion carried 7-0. 9. Black Heritage Survey Update Work Session originally scheduled for October 16, 2023, will be rescheduled on a date to be determined. Upon motion the documents were received and filed. 10. Participation in National League of Cities “City Inclusive Entrepreneurship” Program : Upon motion the documents were received and filed. 11. Request for Proposals - Consulting Services for an Aerial Photography Project for aerial orthophotography and LiDAR data collection in the amount of $160,000. Upon motion the doc- uments were received, filed, and approved. 12. Proposed Amendment to Master Co-location and Shared Services Agreement between the City of Dubuque and ImOn Communications LLC Data Center: Upon motion the documents were received, filed, and approved. 13. Request to add a full-time payroll systems analyst and administrator and a fully remote part-time finance project manager, as well as eliminate a vacant full-time budget financial ana- lyst and a vacant limited term full-time accountant. Upon motion the documents were received, filed, and approved. 14. Request to eliminate the 0.25 full-time employee, Lease Management Intern Position and add a non-exempt (hourly), full-time Confidential Account Clerk position. Upon motion the documents were received, filed, and approved. 15. Flood Control System Repairs Agreement with the Corps of Engineers to complete flood control system repairs and authorize the Mayor to affix his signature to the agreement. Upon motion the documents were received, filed, and approved. 16. First Amendment to Community Development Block Grant (CDBG) Subrecipient Agree- ment with Mt. Pleasant Home and authorize the Mayor to execute the amendment on behalf of the City. Upon motion the documents were received and filed, and Resolution No. 334-23 Au- thorizing the First Amendment to the CDBG Subrecipient Agreement Between the City of Dubu- que and Mount Pleasant Home was approved. RESOLUTION NO. 334-23 AUTHORIZING THE FIRST AMENDMENT TO THE CDBG SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF DUBUQUE AND MOUNT PLEASANT HOME Whereas, the City of Dubuque and Mount Pleasant Home entered into a CDBG Subrecipient Agreement dated September 18, 2023 with respect to rehab an existing men’s bathroom to be ADA-compliant; and Whereas, the parties desire to modify the Subrecipient Agreement as set out in the First Amendment to the Subrecipient Agreement attached hereto; and 5 Whereas, the Mount Pleasant Home provides services to a minimum of 51% low/moderate income residents, meeting the CDBG National Objective of Low/Mod-Income Housing benefit, and eligible activity of 14B: Rehab, Multi-Unit Residential. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the First Amendment to the CDBG Subrecipient Agreement be approved. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to des- ignate the City Manager or the Housing and Community Development Department Director to execute said Amendment and related documents on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 16th day of October 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 17. Approving the Fourth Amendment to Development Agreement between the City of Dubu- que, Iowa and 210 Jones, LLC: Upon motion the documents were received and filed, and Res- olution No. 335-23 Approving the Fourth Amendment to Development Agreement Between the City of Dubuque, Iowa and 210 Jones, LLC was approved. RESOLUTION 335-23 APPROVING THE FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND 210 JONES, LLC Whereas, City and (Developer) entered into a Development Agreement dated June 19, 2017 (the Agreement), as amended; and Whereas, the Agreement provides the issuance of Urban Renewal Tax Increment Revenue Obligations, as provided by Chapter 403 of the Code of Iowa; and Whereas, City and Developer desire to further amend the Agreement as set forth in the attached Fourth Amendment to Development Agreement; and Whereas, the City Council finds that it is in the best interests of the City of Dubuque to approve the Fourth Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the Fourth Amendment to Development Agreement between the City of Dubuque and 210 Jones, LLC, is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute the Fourth Amendment on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City manager is authorized to take such actions as are necessary to comply with the terms of the Fourth Amendment to Development Agreement as herein ap- proved. Passed, approved, and adopted this 16th day of October, 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 18. Application Authorization for an Iowa Clean Air Attainment Program (ICAAP) grant for Smart Traffic Routing with Efficient Traffic Signals (STREETS) Phase II: Upon motion the doc- uments were received and filed, and Resolution No. 336-23 Authorizing the filing of an Iowa Clean Air Attainment Program Application with the Iowa Department of Transportation (Iowa DOT) in partnership with Dubuque Metropolitan Area Transportation Study (DMATS) to assist with the funding of Smart Traffic Routing with Efficient and Effective Traffic Signals (STREETS) 6 Improvements Phase II was approved. RESOLUTION NO. 336-23 AUTHORIZING THE FILING OF AN IOWA CLEAN AIR ATTAINMENT PROGRAM APPLI- CATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION (Iowa DOT) IN PART- NERSHIP WITH DUBUQUE METROPOLITAN AREA TRANSPORTATION STUDY (DMATS) TO ASSIST WITH THE FUNDING OF SMART TRAFFIC ROUTING WITH EFFICIENT AND EFFECTIVE TRAFFIC SIGNALS (STREETS) IMPROVEMENTS PHASE II Whereas, the STREETS project is designed to improve traffic conditions throughout the Dubuque metro area by distributing traffic more evenly on the region’s major corridors. The STREETS project will modify the signal timings through a seamless interface between a signal timing model and signals used in the field; and Whereas, the City has determined that STREETS project will reduce congestion, shorten travel times, improve air quality, and improve safety in the metro area. By rerouting traffic on the roads with extra capacities dynamically, it is expected that the proposed system will reduce traffic bottlenecks as recommended by the adopted East -West Corridor Study; and Whereas, the City has implemented Phase I of the STREETS Improvements on several major corridors and Phase II will expand the implementation to the city’s remaining signalized corridors; and Whereas, the City in partnership with DMATS is requesting ICAAP funding in the amount of $464,700 in Federal Fiscal Year (FFY) 2025 to assist with Phase II implementation; and Whereas, the City will commit any necessary local matching funding for project implemen- tation, and upon completion will be responsible for adequate maintaining and operating the project for public use during the project’s useful life; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA, THAT: Section 1. The City hereby supports and authorizes the grant application submittal for fund- ing through the Iowa DOT FFY 2025 ICAAP Program to assist with the funding STREETS Project Phase II implementation in the Dubuque metro area. Passed, approved, and adopted this 16th day of October, 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 19. Financial Assistance Award agreement with the U. S. Economic Development Admin- istration (EDA) and authorizing the City Manager to act as the City’s authorized representative to secure $7,700,000 in grant funding for the Bee Branch Stormwater Pumping Station Project (Phase V of the Bee Branch Watershed Flood Mitigation Project). Upon motion the documents were received and filed, and Resolution No. 337-23 Approving a US Department of Commerce Economic Development Administration Disaster Relief Opportunity Grant for the Construction of a New Stormwater Pumping Station at the 16th Street Detention Basin was approved. RESOLUTION NO. 337-23 APPROVING A U.S. DEPARTMENT OF COMMERCE ECONOMIC DEVELOPMENT ADMIN- ISTRATION DISASTER RELIEF OPPORTUNITY GRANT FOR THE CONSTRUCTION OF A NEW STORMWATER PUMPING STATION AT THE 16TH STREET DETENTION BASIN Whereas the City Council of the City of Dubuque, Iowa wishes to secure funding through the Economic Development Administration (EDA), U. S. Department of Commerce Fiscal Year 2018 Disaster Supplemental grant for the construction of a new stormwater pumping statio n at the 16th Street Detention Basin, and 7 Whereas the City Council, adopted Resolution 260-23 authorizing the submission of a grant application for $7,700,000, and Whereas, in support of the application for $7,700,000 in grant funding the City Council pledged the amount of $19,012,000 in local matching funds with $16,412,000 from GO Bonds and $2,600,000 from a State Revolving Fund loan, if in fact, the Disaster Relief Oppor tunity grant is awarded by the Economic Development Administration, and Whereas the City has been awarded $7,700,000 in EDA grant funding EDA has provided a Financial Assistance Award agreement (Agreement) outlining the terms of the City’s use of the grant funding, and Whereas it is in the City’s best interest to enter into the Agreement in order for the City to receive the $7,700,000 in EDA grant funding for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The Mayor is hereby authorized to sign the Agreement with EDA securing $7,700,000 in Economic Development Administration grant funding for the Bee Branch Storm- water Pumping Station Project. Section 2. Authorizes the City Manager to act as an authorized representative on the City’s EDA Fiscal Year 2018 Disaster Supplemental grant and may execute any documents as the Economic Development Administration may reasonably request. Passed, approved, and adopted this 16th day of October, 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 20. Acceptance of Grant of Easement for Access and Sidewalk over and across Part of Lot 1 of Lot 9, Block 15, in Scenic View Heights No. 2, in the City of Dubuque, Iowa, from property owner Chad Ellis (for C Ellis Properties, LLC or CEP) for the extension of the existing sidewalk on the east side of Miracle League Drive to the Veterans Memorial Park property and the grant- ing of the appropriate easements along Miracle League Drive. Upon motion the documents were received and filed, and Resolution No. 338-23 Accepting a Grant of Easement for access and sidewalk over and across part of Lot 1 of Lot 9, Block 15, in Scenic View Heights No. 2, in the City of Dubuque, Iowa was approved. RESOLUTION NO. 338-23 ACCEPTING A GRANT OF EASEMENT FOR ACCESS AND SIDEWALK OVER AND ACROSS PART OF LOT 1 OF LOT 9, BLOCK 15, IN SCENIC VIEW HEIGHTS NO. 2, IN THE CITY OF DUBUQUE, IOWA Whereas, C ELLIS PROPERTIES, LLC has executed a Grant of Easement for Access and Sidewalk, over and across Part of Lot 1 of Lot 9, Block 15, in Scenic View Heights No. 2, in the City of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts, and consents to the Grant of Easement for Access and Sidewalk, over and across Part of Lot 1 of Lot 9, Block 15, in Scenic View Heights No. 2, in the City of Dubuque, Iowa, from C ELLIS PROPERTIES, LLC, a copy of which is attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. 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 Recorder and 8 Dubuque County Auditor. Passed, approved, and adopted this 16th day of October 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 21. Althauser St. Retaining Wall Repair Project awarded to Tschiggfrie Excavating Co. in the low bid amount of $144,004.50. Upon motion the documents were received and filed, and Resolution No. 339-23 Awarding Public Improvement Construction Contract for the Althauser St. Retaining Wall Repair Project was approved. RESOLUTION NO. 339-23 AWARDING PUBLIC IMPROVEMENT CONSTRUCTION CONTRACT FOR THE AL- THAUSER STREET RETAINING WALL REPAIR PROJECT Whereas, sealed proposals have been submitted by contractors for the Althauser St. Re- taining Wall Repair Project, (the Project) and Notice to Bidders published on the City of Dubu- que, Iowa website and plan room service with statewide circulation on the 14t h day of Septem- ber 2023. Whereas, said sealed proposals were opened and read on the 28th day of September 2023 and it has been determined that Tschiggfrie Excavating, Co. of Dubuque, IA submitted the low bid in the amount of $144,004.50, and is the lowest responsive, responsible b idder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That a Public Improvement Construction Contract for the Project is hereby awarded to Tschiggfrie Excavating, Co. and the City Manager is hereby directed to execute a Public Improvement Construction Contract on behalf of the City of Dubuque for the Project. Passed, adopted, and approved this 16th day of October 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 22. Platting of City Property at 1860 Hawthorne Street, formerly the Bowling and Beyond Site in the Kerper Boulevard Industrial Park (Union at the Marina, LP Development Agreement): Mayor Cavanagh stated that the residents wanting to speak on this item really want to speak at the first Public Hearing on this agenda. Motion by Jones to receive and file and adopt Res- olution No. 340-23 Approving Plat of Survey of Lot 1-2 And 2-2 of Block 2 in River Front Sub- division No. 3, in the City of Dubuque, Iowa. Seconded by Wethal. Motion carried 7-0. RESOLUTION NO. 340-23 APPROVING PLAT OF SURVEY OF LOT 1-2 AND 2-2 OF BLOCK 2 IN RIVER FRONT SUBDIVISION NO. 3, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 25th day of September 2023, prepared by The City of Dubuque Engineering Depart- ment, re-platting Lot 2 of Block 2 of in River Front Subdivision No. 3., in t he City of Dubuque, Iowa, to be hereinafter known as Lot 1 -2 and Lot 2-2 of Block 2 in River Front Subdivision No. 3, in the City of Dubuque, 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 DUBU- QUE, IOWA: Section 1. That the plat dated the 25th day of September 2023, prepared by The City of 9 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. The City hereby reserves the water main, storm sewer, public utility, storm drain- age, and flood levee easements as shown on and described in said plat. 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 2nd day of October 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 23. Approval of Retail Alcohol Licenses: Upon motion the documents were received and filed, and Resolution No. 341-23 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 approved. RESOLUTION NO. 341-23 APPROVING APPLICATIONS FOR RETAIL ALCOHOL LICENSES, 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 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 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 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 documentation: New Applications VERSUS 2.0 2364 Washington St. Renewals Aldi, Inc 30 2160 Holliday Dr. Baraboo's On Main 345 Main St. Barrel House Dubuque 299 Main St. Blend Business Dining 700 Locust. St. Carlos O'Kelly's Mexican Cafe 1355 Associates Dr Dimensional Brewing Company 67 Main St. Dubuque Ice Arena 1800 Admiral Sheehy Dr. Dusty's Doghouse Lounge 1646 Asbury Rd. Europa Haus Restaurant & Bierstube 1301 Rhomberg Ave. Family Dollar Store 32889 2600 Dodge St. Suite D1 Fast Freddy's 3130 Jackson St. Happy Joe's Old Fashioned Ice Cream & Pizza 855 Century Dr. Huhot Mongolian Grill 555 John F. Kennedy Rd. #685 10 Jumpers Sports Bar & Grill 2600 Dodge St. Suite C Knickers Saloon 2186 Central Ave. Kwik Stop 16th St. 300 1215 East 16th St. Kwik Stop 858 3340 John F. Kennedy RD. Lina's Lounge 580, 2055 Holliday Dr. Loras College - Athletic And Wellness Center 1600 Loras College Parkway Rainbow Lounge 36 West 4th St. Wicked Dame 214 West. 1st St. Yen Ching Restaurant 926 Main St. Special Event(s) per Special Event Application Submittal Dubuque Jaycees 10-15-23 to 10-19-23 7th & Jackson to 9th & Jackson includes East 8th to Elm Passed, approved, and adopted this 16th day of October 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. Second Amendment to Grant Agreement with Virtual Velocity, LLC for the Rehabilitation of 1199 Central Avenue: Upon motion the documents were received and filed and Resolution No. 342-23 Fixing the date for a Public Hearing of the City Council of the City of Dubuque, Iowa on a Second Amendment to Grant Agreement by and between the City of Dubuque, Iowa and Virtual Velocity, LLC, Including the proposed issuance of Urban Renewal Tax Increment Rev- enue 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 November 6, 2023 in the Historic Federal Building. RESOLUTION NO. 342-23 FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON A SECOND AMENDMENT TO GRANT AGREEMENT BY AND BE- TWEEN THE CITY OF DUBUQUE, IOWA AND VIRTUAL VELOCITY, LLC, INCLUDING THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGA- TIONS RELATING THERETO, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, City and Virtual Velocity, LLC entered into a Grant Agreement, dated the 3rd day of October 2022, providing for a Façade Grant, a Planning & Design Grant, a Financial Con- sultant Grant, and a Housing Creation Grant; and Whereas, the City Council has tentatively determined that it would be in the best interests of the City to approve the Second Amendment to Grant Agreement with Virtual Velocity, 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 Second Amendment to Grant 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 11 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 DUBU- QUE, 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 6th day of November, 2023, at 6:30 o'clock p.m. The official agenda will be posted on Friday, November 3, 2023 and will contain listening, viewing, and public input options. The City Council agenda may be ac- cessed 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 exe- cution of the Second Amendment to Grant Agreement relating thereto with Virtual Veloc ity, 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 Urban Renewal Dis- trict, consisting of the funding of economic developments grants to Virtual Velocity, LLC pursu- ant to the Grant Agreement. It is expected that the aggregate amount of the Tax Increment Revenue obligations to be issued will be approximately $251,082. 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, published 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 sub- stantially the form attached hereto. Passed, approved, and adopted this 16th day of October, 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 2. Purchase Agreement Approval for Partial Sale of Hendricks Site Property to Dubuque County and City Purchase of Dubuque County Owned Parking Lot : Upon motion the docu- ments were received and filed and Resolution No. 343-23 Of Intent to Dispose of an Interest in Real Property by Deed to Dubuque County, Iowa and Approving the Acquisition Real Property Owned by Dubuque County, Iowa by the City of Dubuque was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on November 6, 2023 in the Historic Federal Building. RESOLUTION NO. 343-23 RESOLUTION OF INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY DEED TO DUBUQUE COUNTY, IOWA AND APPROVING THE ACQUISITION REAL PROPERTY OWNED BY DUBUQUE COUNTY, IOWA BY THE CITY OF DUBUQUE Whereas, the City of Dubuque, Iowa (City) is the owner of the following described real prop- erty: City Lots 279, 280, 281, 282, according to the United States Commissioners Map of the Town of Dubuque, Iowa (the City Property); and Whereas, Dubuque County is the owner of the following real described property: City Lot 324 and the South 25’ of City Lot 325 (the County Property); and Whereas, City and Dubuque County have entered into an agreement (the Purchase 12 Agreement), subject to the approval of the City Council of the City of Dubuque and the Board of Supervisors of Dubuque County, a copy of which is attached hereto, pursuant to which City will convey the City Property to Dubuque County and Dubuque County will convey the County Property to City; and Whereas, the City Council has tentatively determined that it would be in the best interests of the City to approve the Purchase Agreement, including the sale of the City Property to Dubuque County and purchase of the County Property by City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The City of Dubuque intends to dispose of its interest in the foregoing -described City Property by Special Warranty Deed to Dubuque County, Iowa. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to dispose of the foregoing-described City Property, to be held on the 6th day of November 2023, at 6:30 o'clock p.m. at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa. Section 3. That the City Council hereby approves the acquisition of the County Property. Section 4. That the City of Dubuque be and is hereby authorized to accept a Special War- ranty Deed from Dubuque County For the County Property. Section 5. That the City Clerk be and is hereby authorized and directed to cause said Special Warranty Deed to be recorded in the office of the Dubuque County Recorder, together with a certified copy of this Resolution. Section 6. That the City Clerk be and is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved, and adopted this 16th day of October 2023. Brad Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk 3. Resolution of Necessity for the Proposed Urban Renewal Plan for the Emri Urban Re- newal District: Upon motion the documents were received and filed and Resolution No. 344-23 Authorizing and Directing the City Manager to Prepare an Urban Renewal Plan for the Emri Urban Renewal District and Setting the Date for a Public Hearing and Consultation on the Proposed Urban Renewal Plan for Said District was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on November 20, 2023 in the Historic Fe deral Building. RESOLUTION NO. 344-23 AUTHORIZING AND DIRECTING THE CITY MANAGER TO PREPARE AN URBAN RE- NEWAL PLAN FOR THE EMRI URBAN RENEWAL DISTRICT AND SETTING THE DATE FOR A PUBLIC HEARING AND CONSULTATION ON THE PROPOSED URBAN RENEWAL PLAN FOR SAID DISTRICT Whereas, the City Council has determined that the active development of vacant property for low-income and mixed-income housing is a beneficial use that will enhance the City's on- going economic development efforts; and Whereas, the City Council has determined that the area described in Section 1 below meets the definitions of an economic development area as defined in Chapter 403 “Urban Renewal” of the Iowa Code; and Whereas, a significant need for affordable and mixed-income housing units exists in the community and local resources are needed to advance the development; and Whereas, Iowa Code Chapter 403 requires that before urban renewal authority may be 13 exercised, the City Council must adopt a resolution of necessity finding that the area in question is a slum, blighted or economic development area, and that so designating such area is nec- essary in the interest of the public health, safety, or welfare of the residents of the municipality. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the following described area is an economic development area as defined by Chapter 403 of the Iowa Code and is appropriate for an urban renewal project, to wit: Lot 2 of Pizza Ranch Place, and all that part of the Right of Way of Radford Road adjacent to said Lot 2 All in the City of Dubuque, Iowa, hereinafter called the Emri Economic Development Dis- trict. Section 2. That the development of the Emri Economic Development District is necessary and appropriate to facilitate the proper growth and development of the community in accord- ance with sound planning and local community objectives. Section 3. That the development of the Emri Economic Development District will provide new opportunities for quality housing in the community. Section 4. That the City Manager is authorized and directed to prepare an Urban Renewal Plan for the Emri Economic Development District, to forward said Plan to the City's Long Range Planning Commission for review and comment and to begin the consultation process req uired by law with affected taxing entities. Section 5. That the City Clerk is directed to publish notice of a public hearing on the adoption of an Urban Renewal Plan for the Emri Economic Development District to be held on the 20th day of November, 2023, at 6:30 p.m. in the form attached hereto. Section 6. That the City Clerk is further directed to send by ordinary mail a copy of the proposed Urban Renewal Plan, the notice of public hearing, a notice of consultation to the Dubuque Community School District Board of Education and Dubuque County Board of Su- pervisors, as the affected taxing entities. Passed, approved, and adopted this 16th day of October, 2020. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk BOARDS/COMMISSIONS Applications were reviewed for the following Boards and Commissions. Applicants were in- vited to address the City Council regarding their desire to serve on the following Boards/Com- missions. 1. Investment Oversight Advisory Commission: One, 3-Year Term through July 1, 2026 (Va- cant Term of Lassance) Applicant: Daniel Garza, 2110 Rhomberg Ave. PUBLIC HEARINGS 1. Proof of publication on notice of public hearing to consider approval of a request from Derek Hays, The Annex Group to rezone property located at 1860 Hawthorne Street from CR Commercial Recreational to Planned Unit Development with PR - Planned Residential desig- nation and Zoning Advisory Commission recommending approval. 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 Wethal. Motion carried 7-0. 14 Planning Services Director Wally Wernimont provided a staff presentation. Citizens: Robin Kennicker, Sandy Plumley, Monte Thorp, and Margaret Owens, all spoke in opposition to the proposed rezoning request. Rick Dickinson, President and CEO of Greater Dubuque Develop- ment Corp. and Darik Hase, Developer, each spoke in favor of the rezoning request. Motion by Jones for final consideration and passage of Ordinance No. 45-23 Amending Title 16 of the Unified Development Code of the City of Dubuque Code of Ordinances by Reclassi- fying the Hereinafter Described Property Located Along Hawthorne Street and Kerper Boule- vard within the City of Dubuque from CR Commercial Recreation to Planned Unit Development with PR-Planned Residential Designation. Seconded by Wethal. Motion carried 7-0. ORDINANCE NO. 45 - 23 AMENDING TITLE 16 OF THE UNIFIED DEVELOPMENT CODE OF THE CITY OF DUBU- QUE CODE OF ORDINANCES BY RECLASSIFYING THE HEREINAFTER DESCRIBED PROPERTY LOCATED ALONG HAWTHORNE STREET AND KERPER BOULEVARD WITHIN THE CITY OF DUBUQUE FROM CR COMMERCIAL RECREATION TO PLANNED UNIT DEVELOPMENT WITH PR-PLANNED RESIDENTIAL DESIGNATION NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That Title 16 of the Unified Development Code of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter -described property from CR Commercial Recreation to Planned Unit Development District with a PR Planned Re sidential District designation, and adopting a conceptual development plan, a copy of which is attached to and made a part hereof, is hereby adopted and approved for the following described prop- erty, to wit: The portion of Lot 2 Block 2 of River Front Subdivision No. 3 and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa as shown in Exhibit A. A. Use Regulations - The following regulations shall apply to all uses made of land in the above-described PR Planned Residential District: 1. Principal permitted use shall be limited to two (2) four -story multi-family residential buildings containing a total of 201 residential units. 2. Accessory uses shall include any use customarily incidental and subordinate to the principal use it serves. B. Lot and Bulk Regulations- Development of land in the PR Planned Residential District shall be regulated as follows: 1. Buildings setbacks shall be located in substantial conformance with the approved con- ceptual development plan. 2. Maximum building height of 50 feet shall be allowed in this Planned Residential District. C. Performance Standards - The development and maintenance of uses in this PR Planned Residential District shall be regulated as follows: 1. Parking Regulations a. All vehicle-related features shall be surfaced with either asphalt or concrete. b. Curbing and proper surface drainage of storm water shall be provided. c. All parking and loading spaces shall be delineated on the surfacing material by painted stripes or other permanent means. d. That total number of parking spaces shall be provided in substantial compliance with the approved Conceptual Development Plan. The spaces may be a combination of off-street spaces and on-street spaces (Hawthorne Street) in accordance with the approved Conceptual Development Plan. e. The size and design of parking spaces shall be governed by applicable provisions 15 of the Unified Development Code Section 13-3 Site Development Regulations. f. The number, size, design, and location of parking spaces designated for persons with disabilities shall be according to the local, state, or federal requirements in ef- fect at the time of development. g. Bicycle parking shall be provided in accordance with the Unified Development Code Section 14-9 Bicycle Parking Required. 2. Site Lighting a. Exterior illumination of site features shall be limited to the illumination of the follow- ing: i. Parking areas, driveways, and loading facilities. ii. Pedestrian walkway surfaces and entrances to building. iii. Building exterior. b. Location and Design i. No light source shall provide illumination onto adjacent lots, buildings, or streets in excess of 1.0-foot candle. ii. All exterior lighting luminaries shall be designed and installed to shield light from the luminaries at angles above 72-degrees from vertical. iii. Fixtures mounted on a building shall not be positioned higher than the roofline of the building. iv. All electrical service lines to posts and fixtures shall be underground and con- cealed inside the posts. 3. Landscaping - Landscaping shall be provided in substantial compliance with the Con- ceptual Landscape Plan which is attached hereto. 4. Storm Water Management - The developer shall be responsible for providing surface or subsurface conveyance(s) of storm water from the lot to existing storm sewers or to flow line of open drainageways outside the lot in a means that is satisfactory to the Engineering Department of the City of Dubuque. Other applicable regulations enforced by the City of Dubuque relative to storm water management and drainage shall apply. 5. Exterior Trash Collection Areas a. The storage of trash and debris shall be limited to that produced by the principal permitted use and accessory uses on the lot. b. All exterior trash collection areas and the material contained therein shall be visually screened from view. The screening shall be completely opaque fence, wall, or other feature not exceeding a height of 10 feet measured from the ground level outside the line of the screen. Screens built on sloping grades shall be stepped so that their top line shall be horizontal. Exposed materials used to construct the opaque screen shall be similar in appearance to materials used for exterior building walls. All ext e- rior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. If a 10-foot height screen fails to shield the exterior trash collection area from view from the adjacent public right -of-way and neighboring properties, evergreen plantings may be required in addition to the screening. Evergreen plant material shall be selected and designed so that they screen the area from all off-site visibility within five (5) years. 6. Open Space - Open space in the PR Planned Residential District shall be provided in substantial compliance with the approved Conceptual Development Plan and Concep- tual Landscape Plan. 7. Platting - Subdivision plats and improvement plans shall be submitted in accordance with Article 11 Land Subdivision, of the City of Dubuque Unified Development Code. 8. Site Plans - Final site development plans shall be submitted in accordance with Article 16 12 Site Plans and Article 13 Site Design Standards prior to construction of each build- ing and vehicle-related feature unless otherwise exempted by Article 12. D. Sign Regulations 1. Signs in the Planned Residential District shall be regulated in accordance with the R -4 Multi-Family Residential Zoning District sign regulations, Section 16-15-11.1 of the Uni- fied Development Code. 2. Variance requests from sign requirements for size, number, and height shall be re- viewed by the Zoning Board of Adjustment in accordance with Section 16 -8-6 of the Unified Development Code. E. Other Codes and Regulations 1. Service Lines. All electric, telephone, cable, or other similar utility lines serving the building and other site features shall be located underground. 2. The use of semi-trailers and shipping containers for storage is prohibited. 3. These regulations do not relieve the owner from other applicable city, county, state, or federal codes, regulations, laws, and other controls relative to the planning, construc- tion, operation, and management of property within the City of Dubuque. F. Transfer of Ownership - Transfer of ownership or lease of property in this PR Planned Residential District shall include the transfer or lease agreement a provision that the pur- chaser or lessee acknowledges awareness of the conditions authorizing the establish- ment of the district. G. Modifications - Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Article 9-5 of the Unified Devel- opment Code. H. Occupancy Permits - No occupancy permit shall be issued by the City of Dubuque for property included in the subject planned unit development district until full compliance with this ordinance has been achieved. I. Recording - A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder a permanent record of the conditions ac- cepted as part of this reclassification approval within thirty (30) days after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and his/her heirs, successors, and assigns. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved, and adopted this 16th day of October 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 2. Proof of Publication on notice of public hearing to consider approving a Development Agreement by and between the City of Dubuque, Iowa and Union at the Marina, LP providing for the sale of city-owned real estate to Union at the Marina, LP, and the issuance of Urban Renewal Tax Increment Revenue Grant Obligations pursuant to the Development Agreement and City Manager recommending approval. Motion by Resnick to receive and file the docu- ments and adopt Resolution No. 345-23 Approving the Disposal of an Interest in Real Property Owned by the City of Dubuque by Sale Pursuant to a Development Agreement with Union at the Marina, LP. Seconded by Farber. Motion carried 7-0. RESOLUTION NO. 345-23 APPROVING THE DISPOSAL OF AN INTEREST IN REAL PROPERTY OWNED BY THE 17 CITY OF DUBUQUE BY SALE PURSUANT TO A DEVELOPMENT AGREEMENT WITH UN- ION AT THE MARINA, LP Whereas, the City Council of Dubuque, Iowa, did on June 5, 2023 adopt an Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District (“the Plan”) for the Urban Renewal Area described therein; and Whereas, the City of Dubuque, Iowa, is interested in stimulating reinvestment in the Greater Downtown Urban Renewal District; and Whereas, the Plan provides, among other things, for the disposition of properties for private development purposes; and Whereas, Union at the Marina, LP submitted to the City a proposal in the form of an offer to purchase (the “Development Agreement”) for the purchase of certain City -owned real property hereinafter described (“the Property”), which Development Agreement proposes U nion at the Marina, LP will undertake the purchase of property located at the corner of Kerper Boulevard and Hawthorne Street as described therein, which Property is the real estate consisting of ap- proximately 5.25 acres shown on Exhibit A, and which Development Agreement requests that this Property be made available for sale as rapidly as possible; and Whereas, Iowa Code Chapter 403 authorizes cities to dispose of property in furtherance of an urban renewal project and to take other actions as may be necessary to carry out the pur- poses of said Chapter, and the Plan similarly authorizes the City to dispose of pr operty; and Whereas, in compliance with Iowa Code Section 403.8, and to the extent required by law, Iowa Code Section 364.7, the City Council has set forth its proposal to dispose of its interests in the Property and the City Clerk published a notice on May 19, 2023 as required by law soliciting competitive proposals for the Property; and Whereas, as of 10:00 a.m. on October 16, 2023 the City Clerk received no competitive pro- posals for the Property; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to approve the Development Agreement proposed by Union at the Marina, LP and the sale of the Property as provided in the Development Agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The Council finds that the transfer of the Property will promote the purposes of the urban renewal law, Iowa Code Ch. 403 in the City and, together with the other consideration provided for in the Agreement, that these benefits constitute fair value for th e City’s disposal of interests in the Property under Iowa Code Section 403.8. Section 2. The Development Agreement between the City and Union at the Marina, LP in- cluding the sale of the Property as provided therein, is hereby approved. Section 3. The Mayor is authorized and directed to execute said Development Agreement on behalf of the City of Dubuque. Passed, approved, and adopted this 16th day of October, 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 3. Proof of Publication on notice of public hearing to consider Fifth Amendment to Develop- ment Agreement by and between the City of Dubuque, Iowa and Port of Dubuque LLC and City Manager recommending approval. Motion by Roussell to receive and file the documents and adopt Resolution No. 346-23 Approving the Fifth Amendment to Development Agreement Be- tween the City of Dubuque, Iowa, and Port of Dubuque LLC, Including the Proposed Issuance of Urban Renewal Tax Increment Revenue Obligations Relating Thereto, and Providing for the Publication of Notice Thereof. Economic Development Director Jill Connors responded to 18 questions from the Council. Seconded by Sprank. Motion carried 7-0. RESOLUTION NO. 346-23 APPROVING THE FIFTH AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND PORT OF DUBUQUE LLC, INCLUDING THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS RELAT- ING THERETO, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) and Merge, LLC entered into a Development Agreement dated the 18th day of November, 2019, as amended, which provided among other things for the issuance 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; and Whereas, City and Port of Dubuque, LLC. now desire to further amend the Development Agreement as set forth in the attached Fifth Amendment, subject to the approval of the City Council; and Whereas, the City Council has tentatively determined that it would be in the best interests of City to approve the Fifth Amendment to Development Agreement; and Whereas, before said Fifth 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 wh ich 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 DUBU- QUE, IOWA: Section 1. That the Fifth Amendment to Development Agreement by and Between the City of Dubuque, Iowa and Port of Dubuque LLC, a copy of which is attached hereto, including the issuance of Urban Renewal Tax Increment Revenue Obligations, is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Fifth Amendment to Development 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 Fifth Amendment to Development Agreement as herein approved. Passed, approved, and adopted this 16th day of October, 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 4. Proof of Publication on notice of public hearing to consider the First Amendment to Grant Agreement with Nia Neighborhoods Opportunity Zone Fund, LLC and City Manager recom- mending approval. Motion by Roussell to receive and file the documents and adopt Resolution No. 347-23 Approving a First Amendment to Grant Agreement by and Between the City of Dubuque, Iowa, and Nia Neighborhoods Opportunity Zone Fund, LLC Including the Issuance of Urban Tax Increment Revenue Obligations. Seconded by Farber. Motion carried 7-0. RESOLUTION NO. 347-23 APPROVING A FIRST AMENDMENT TO GRANT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA, AND NIA NEIGHBORHOODS OPPORTUNITY ZONE FUND, LLC INCLUDING THE ISSUANCE OF URBAN TAX INCREMENT REVENUE OBLIGATIONS whereas, the City of Dubuque and Nia Neighborhoods Opportunity Zone Fund, LLC, entered 19 into a Grant Agreement dated August 7, 2023; and whereas, the City Council, by Resolution No. 328-23, dated October 2, 2023, declared its intent to approve a First Amendment to Grant Agreement by and between the City of Dubuque, Iowa, and Nia Neighborhoods Opportunity Zone Fund, LLC, including the issuance of U rban Renewal Tax Increment Revenue Obligations; and Whereas, pursuant to published notice, a public hearing was held on the proposed First Amendment to Grant Agreement on October 16, 2023 at 6:30 p.m.; and Whereas, it is the determination of the City Council that approval of the First Amendment to Grant Agreement for redevelopment of the Property by Nia Neighborhoods Opportunity Zone Fund, LLC, according to the terms and conditions set out in the Grant Agreement, i s 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 First Amendment to Grant Agreement by and between the City of Dubu- que, Iowa, and Nia Neighborhoods Opportunity Zone Fund, LLC, a copy of which is attached hereto, including the issuance of Urban Renewal Tax Increment Revenue Obligations, is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the First Amendment to Grant Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the First Amendment to Agreement as herein approved. Passed, approved, and adopted this 16th day of October, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Proof of Publication on notice of public hearing to consider Fiscal Year 2024 First Budget Amendment and City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 348-23 Amending the Current Budget for Fiscal Year Ending June 2024 (As Last Certified or Amended on 3 -23-23). Seconded by Sprank. Motion carried 7-0. PUBLIC INPUT Jenny Peterson Brant spoke regarding action item no. 4. Americans for the Arts’ Arts & Economic Prosperity VI Study Results Notification . ACTION ITEMS 1. Public Health Director Mary Rose Corrigan presented information on current COVID-19 strains along with updates on other communicable diseases and public health issues of interest for Fall, 2023. Motion by Resnick to receive and file the documents and listen to presentation. Seconded by Jones. Motion carried 7-0. 2. U.S. Hwy 20 and Devon Dr. Frontage Road Project Award ed to Midwest Concrete, Inc. for $17,879.44. Motion by Roussell to receive and file the documents and adopt Resolution No. 349-23 Awarding Public Improvement Construction Contract for the U.S. Hwy 20 and Devon Drive Frontage Road Project. Seconded by Sprank. Motion carried 7-0. 20 RESOLUTION NO. 349-23 AWARDING PUBLIC IMPROVEMENT CONSTRUCTION CONTRACT FOR THE U.S. HWY 20 AND DEVON DRIVE FRONTAGE ROAD PROJECT Whereas, sealed informal proposals have been submitted by contractors for the U.S. Hwy 20 and Devon Drive Frontage Road Project., (the Project) and Notice to Bidders published on the City of Dubuque, Iowa website on the 2nd day of October 2023; and Whereas, said sealed proposals were opened and read on the 6th day of October 2023 and it has been determined that Midwest Concrete, Inc. of Peosta, IA submitted the low bid in the amount of $17,879.44, and is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That a Public Improvement Construction Contract for the Project is hereby awarded to Midwest Concrete, Inc. and the City Manager is hereby directed to execute a Public Improvement Construction Contract on behalf of the City of Dubuque for the Project. Passed, adopted, and approved this 16th day of October, 2023. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 3. Sustainable Dubuque Community Grant Program Recommendation Round 28 at a total funding amount of $9,950.00. Motion by Sprank to receive and file the documents and adopt Resolution No. 350-23 Awarding Sustainable Dubuque Grant to Bryant Elementary and Reso- lution No. 351-23 Awarding Sustainable Dubuque Grant to Danielle Stowell and Resolution No. 352-23 Awarding Sustainable Dubuque Grant to Dubuque Community School District and Res- olution No. 353-23 Awarding Sustainable Dubuque Grant to Dubuque Rescue Mission Garden. Seconded by Wethal. Motion carried 7-0. RESOLUTION NO. 350 - 23 AWARDING SUSTAINABLE DUBUQUE GRANT TO BRYANT ELEMENTARY Whereas, the City Council adopts goals on an annual basis; and Whereas, sustainability first appeared as a City Council goal in 2006; and Whereas, in 2010 the City Council adopted the Dubuque Greenhouse Gas (GHG) Inventory, the first step in developing a Climate Action Plan (CAP) for Dubuque; and Whereas, the inventory measured gases emitted by City operations for the baseline year 2003, and again for 2007, and predicted future emissions if business as usual occurred, and provided the City a tool to set emission reduction targets to improve and maintain h ealthy air quality; and Whereas, a 2014 update to the GHG inventory revealed that the community had reduced their GHG emissions 11% since 2003, and Whereas, the 2019 update to the GHG inventory reported a 27% reduction in GHG emis- sions since 2003; and Whereas, the City Council adopted “The 50% by 2030 Plan” in 2013, and updated the plan in 2020, as a non-binding, voluntary effort to identify opportunities to reduce Dubuque’s com- munity greenhouse gas emissions; and Whereas, The 50% by 2030 Plan is used in the following ways: • Informing officials during goal-setting and budget decisions, • Informing businesses and individuals about potential emission and cost-saving options, • Showcasing success stories, • Providing a roadmap that can be added to or adjusted, and 21 • Exposing from where Dubuque’s GHG emissions really come; and Whereas, sustainability has remained a goal; and Whereas, the City Council in 2022 reaffirmed its commitment to sustainability by adopting the specific goal, “Sustainable Environment: Preserving and Enhancing Natural Resources”; and Whereas, the City Council in 2022 reaffirmed its commitment to sustainability through part- nerships by adopting the specific goal, “Partnership for a Better Dubuque: Building Our Com- munity that is Viable, Livable, and Equitable”; and Whereas, the City Council in 2022 reaffirmed its commitment to sustainability by adopting the specific goal, Livable Neighborhoods and Housing: Great Place to Live”; and Whereas, the Sustainable Dubuque Grant program is the intersection of the City’s goals related to sustainability, equity, viability, partnerships, and the creation of housing, which is livable, affordable, and sustainable; and Whereas, the Sustainable Dubuque Grant program meets the needs of the Dubuque com- munity’s vision for sustainability; and Whereas, efforts which address a Sustainable Dubuque principle and offer a community engagement activity or community education activity benefit the entirety of the community and the specifically adopted goals of the City Council; and Whereas, the grant recipients shall purchase native plants, trees, and garden materials to create new educational and environmentally friendly spaces for hands -on learning opportuni- ties; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to further sustainability efforts in the community for the benefit of all residents and visitors. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The City Council hereby awards a Sustainable Dubuque Grant to Bryant Elemen- tary. Section 2. The City Manager or his designee shall enter into a grant agreement with Bryant Elementary and shall ensure compliance with the grant agreement pursuant to Iowa Code and the grant award requirements. Passed, approved, and adopted this 16th day of October 2023. Brad Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk RESOLUTION NO. 351 - 23 AWARDING SUSTAINABLE DUBUQUE GRANT TO DANIELLE STOWELL Whereas, the City Council adopts goals on an annual basis; and Whereas, sustainability first appeared as a City Council goal in 2006; and Whereas, in 2010 the City Council adopted the Dubuque Greenhouse Gas (GHG) Inventory, the first step in developing a Climate Action Plan (CAP) for Dubuque; and Whereas, the inventory measured gases emitted by City operations for the baseline year 2003, and again for 2007, and predicted future emissions if business as usual occurred, and provided the City a tool to set emission reduction targets to improve and maintain h ealthy air quality; and Whereas, a 2014 update to the GHG inventory revealed that the community had reduced their GHG emissions 11% since 2003, and Whereas, the 2019 update to the GHG inventory reported a 27% reduction in GHG emis- sions since 2003; and 22 Whereas, the City Council adopted “The 50% by 2030 Plan” in 2013, and updated the plan in 2020, as a non-binding, voluntary effort to identify opportunities to reduce Dubuque’s com- munity greenhouse gas emissions; and Whereas, The 50% by 2030 Plan is used in the following ways: • Informing officials during goal-setting and budget decisions, • Informing businesses and individuals about potential emission and cost-saving options, • Showcasing success stories, • Providing a roadmap that can be added to or adjusted, and • Exposing from where Dubuque’s GHG emissions really come; and Whereas, sustainability has remained a goal; and Whereas, the City Council in 2022 reaffirmed its commitment to sustainability by adopting the specific goal, “Sustainable Environment: Preserving and Enhancing Natural Resources”; and Whereas, the City Council in 2022 reaffirmed its commitment to sustainability through part- nerships by adopting the specific goal, “Partnership for a Better Dubuque: Building Our Com- munity that is Viable, Livable, and Equitable”; and Whereas, the City Council in 2022 reaffirmed its commitment to sustainability by adopting the specific goal, Livable Neighborhoods and Housing: Great Place to Live”; and Whereas, the Sustainable Dubuque Grant program is the intersection of the City’s goals related to sustainability, equity, viability, partnerships, and the creation of housing, which is livable, affordable, and sustainable; and Whereas, the Sustainable Dubuque Grant program meets the needs of the Dubuque com- munity’s vision for sustainability; and Whereas, efforts which address a Sustainable Dubuque principle and offer a community engagement activity or community education activity benefit the entirety of the community and the specifically adopted goals of the City Council; and Whereas, the grant recipients shall create a 501c3 entity to serve as a fiscal sponsor for local food and farm entrepreneurs to receive charitable funds by purchasing and filing a tax - exempt application and brand design and administration costs; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to further sustainability efforts in the community for the benefit of all residents and visitors. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The City Council hereby awards a Sustainable Dubuque Grant to Danielle Stow- ell. Section 2. The City Manager or his designee shall enter into a grant agreement with Danielle Stowell and shall ensure compliance with the grant agreement pursuant to Iowa Code and the grant award requirements. Passed, approved, and adopted this 16th day of October 2023. Brad Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk RESOLUTION NO. 352- 23 AWARDING SUSTAINABLE DUBUQUE GRANT TO DUBUQUE COMMUNITY SCHOOL DISTRICT Whereas, the City Council adopts goals on an annual basis; and Whereas, sustainability first appeared as a City Council goal in 2006; and Whereas, in 2010 the City Council adopted the Dubuque Greenhouse Gas (GHG) Inventory, 23 the first step in developing a Climate Action Plan (CAP) for Dubuque; and Whereas, the inventory measured gases emitted by City operations for the baseline year 2003, and again for 2007, and predicted future emissions if business as usual occurred, and provided the City a tool to set emission reduction targets to improve and maintain h ealthy air quality; and Whereas, a 2014 update to the GHG inventory revealed that the community had reduced their GHG emissions 11% since 2003, and Whereas, the 2019 update to the GHG inventory reported a 27% reduction in GHG emis- sions since 2003; and Whereas, the City Council adopted “The 50% by 2030 Plan” in 2013, and updated the plan in 2020, as a non-binding, voluntary effort to identify opportunities to reduce Dubuque’s com- munity greenhouse gas emissions; and Whereas, The 50% by 2030 Plan is used in the following ways: • Informing officials during goal-setting and budget decisions, • Informing businesses and individuals about potential emission and cost-saving options, • Showcasing success stories, • Providing a roadmap that can be added to or adjusted, and • Exposing from where Dubuque’s GHG emissions really come; and Whereas, sustainability has remained a goal; and Whereas, the City Council in 2022 reaffirmed its commitment to sustainability by adopting the specific goal, “Sustainable Environment: Preserving and Enhancing Natural Resources”; and Whereas, the City Council in 2022 reaffirmed its commitment to sustainability through part- nerships by adopting the specific goal, “Partnership for a Better Dubuque: Building Our Com- munity that is Viable, Livable, and Equitable”; and Whereas, the City Council in 2022 reaffirmed its commitment to sustainability by adopting the specific goal, Livable Neighborhoods and Housing: Great Place to Live”; and Whereas, the Sustainable Dubuque Grant program is the intersection of the City’s goals related to sustainability, equity, viability, partnerships, and the creation of housing, which is livable, affordable, and sustainable; and Whereas, the Sustainable Dubuque Grant program meets the needs of the Dubuque com- munity’s vision for sustainability; and Whereas, efforts which address a Sustainable Dubuque principle and offer a community engagement activity or community education activity benefit the entirety of the community and the specifically adopted goals of the City Council; and Whereas, the grant recipients shall purchase fourteen handheld air quality monitors to foster education and independent research on the impacts of air quality on human health; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to further sustainability efforts in the community for the benefit of all residents and visitors. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The City Council hereby awards a Sustainable Dubuque Grant to the Dubuque Community School District. Section 2. The City Manager or his designee shall enter into a grant agreement with the Dubuque Community School District and shall ensure compliance with the grant agreement pursuant to Iowa Code and the grant award requirements. Passed, approved, and adopted this 16th day of October 2023. Brad Cavanagh, Mayor 24 Attest: Trish Gleason, Assistant City Clerk RESOLUTION NO. 353 - 23 AWARDING SUSTAINABLE DUBUQUE GRANT TO DUBUQUE RESCUE MISSION GAR- DEN Whereas, the City Council adopts goals on an annual basis; and Whereas, sustainability first appeared as a City Council goal in 2006; and Whereas, in 2010 the City Council adopted the Dubuque Greenhouse Gas (GHG) Inventory, the first step in developing a Climate Action Plan (CAP) for Dubuque; and Whereas, the inventory measured gases emitted by City operations for the baseline year 2003, and again for 2007, and predicted future emissions if business as usual occurred, and provided the City a tool to set emission reduction targets to improve and maintain h ealthy air quality; and Whereas, a 2014 update to the GHG inventory revealed that the community had reduced their GHG emissions 11% since 2003, and Whereas, the 2019 update to the GHG inventory reported a 27% reduction in GHG emis- sions since 2003; and Whereas, the City Council adopted “The 50% by 2030 Plan” in 2013, and updated the plan in 2020, as a non-binding, voluntary effort to identify opportunities to reduce Dubuque’s com- munity greenhouse gas emissions; and Whereas, The 50% by 2030 Plan is used in the following ways: • Informing officials during goal-setting and budget decisions, • Informing businesses and individuals about potential emission and cost-saving options, • Showcasing success stories, • Providing a roadmap that can be added to or adjusted, and • Exposing from where Dubuque’s GHG emissions really come; and Whereas, sustainability has remained a goal; and Whereas, the City Council in 2022 reaffirmed its commitment to sustainability by adopting the specific goal, “Sustainable Environment: Preserving and Enhancing Natural Resources”; and Whereas, the City Council in 2022 reaffirmed its commitment to sustainability through part- nerships by adopting the specific goal, “Partnership for a Better Dubuque: Building Our Com- munity that is Viable, Livable, and Equitable”; and Whereas, the City Council in 2022 reaffirmed its commitment to sustainability by adopting the specific goal, Livable Neighborhoods and Housing: Great Place to Live”; and Whereas, the Sustainable Dubuque Grant program is the intersection of the City’s goals related to sustainability, equity, viability, partnerships, and the creation of housing, which is livable, affordable, and sustainable; and Whereas, the Sustainable Dubuque Grant program meets the needs of the Dubuque com- munity’s vision for sustainability; and Whereas, efforts which address a Sustainable Dubuque principle and offer a community engagement activity or community education activity benefit the entirety of the community and the specifically adopted goals of the City Council; and Whereas, the grant recipients shall purchase concrete pavers and installation materials for the greenhouse to deter pests and retain heat, creating a more environmental and economical solution to increase food capacity; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to further sustainability efforts in the community for the benefit of all residents and visitors. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The City Council hereby awards a Sustainable Dubuque Grant to Dubuque Res- cue Mission Garden. Section 2. The City Manager or his designee shall enter into a grant agreement with Dubu- que Rescue Mission Garden and shall ensure compliance with the grant agreement pursuant to Iowa Code and the grant award requirements. Passed, approved, and adopted this 16th day of October 2023. Brad Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk 4. Americans for the Arts’ Arts & Economic Prosperity VI Study Results Notification: Motion by Roussell to receive and file the documents. Seconded by Wethal. Motion carried 7-0. 5. Cori Burbach, Assistant City Manager of Dubuque IA, recently received the Credentialed Manager designation from ICMA, the International City/County Management Association . Mo- tion by Roussell to receive and file the documents and congratulate. Seconded by Sprank. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Sprank attended the 3rd annual Black Business Expo, Fashion Show at the Q Casino. Attended a Community Day at Chaplin Schmitt Island hosted by the Dubuque Racing Association (DRA). Council Member Jones was a customer who had to get a sewer line replaced and compli- mented staff on their knowledge and professionalism. Additionally reported that former Mayor Roy Buol was impressed with the Developing Dubuque video series created by Multimedia Specialist Felicia Carner and starring current Mayor Brad Cavanagh. Council Member Wethal attended Central Curb Staging Storefronts event. Council Member Farber also attended the Central Curb Staging Storefronts event. Council Member Resnick reminded everyone that this is the 65th anniversary of the Dubu- que Symphony Orchestra. Council Member Roussell attended the Developers Roundtable and thanked the League of Women Voters for sponsoring a recent candidate forum. Council Member Cavanagh attended the graduation of City Life Class in Spanish. CLOSED SESSION Motion by Jones to convene in closed session at 9:13 p.m. to discuss Pending Litigation and Purchase or Sale of Real Estate – Chapter 21.5(1) (a), (c), (j) Code of Iowa. Seconded by Resnick. Motion carried 7-0. The Mayor 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. There being no further business, Mayor Cavanagh declared the meeting adjourned at 9:46 p.m. /s/Trish Gleason, Assistant City Clerk