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Proof_City Council Proceedings 09.18.23 Copyrighted October 16, 2023 City of Dubuque Consent Items # 01. City Council Meeting ITEM TITLE: Minutes and Reports Submitted SUM MARY: 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 SUGGESTED Suggested Disposition: Receive and File DISPOSITION: ATTACHMENTS: Description Type 10 2 23 City Council Minutes Supporting Documentation Zoning Advisory Commission Minutes 10-4-2023 Supporting Documentation Proof of Pub 9-5-23 Supporting Documentation Proof of Pub 9-11-23 Supporting Documentation Proof of Pub 9-12-23 Supporting Documentation Proof of Pub 9-18-23 Supporting Documentation STATE 4F IOWA 55: DL�BUQUE C4UNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzin�,e��, a ]3illing Clerk for Woadward Communications, [nc., an Iowa corpo��ation, publisher oF the Telegf•apli Herald, a newspaper of get�e�•al circulation published in the City of D�ibiique, County of dubuque and State of Iowa; hereby certify that the attaci�ed notice was pu6lished in said newspape�' on the following dates: 09/28/2Q23 and far which the charge is 51b.12 i , ; - � ��� '` �-��-�'- - ����-�.�lL-��i�'`� ;,;_ ,` � 1 5ubscz-ibed to befo��e�me, a Notary Public in and for Dtibuc�ue County, Iowa, tl�is 28th day of Septerr�ber, 2023 � Notary Pu ic in and or Dubuque County, Iawa. �7nt 8 �IP?�E�!(.PAPE �� or F Commission Number i9Sc�=<- ;�: My Cammission�xpiras rawti 1211 ti 1�a25 Atl text : CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS 5PECIAL SESSION The Dubuque City Council met in speci�l session At 5:45 p.m, ou Septembcr 18, 2023, in tha second-floor Counci] C6ambers of ' the Historic Federal Building, 350 W. 6th Sh•eet. Present: Mayor Cavanagh; Council Membcrs Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attorney Brumwell. Mayor Cavanagh read the call and stated this is a special sassion of Che City Councll called for tl�e pnrpose of conducting a work session on Travel Dubuqtte Update. WORK SESSION Travel Dubuque Update Keith Rahe Frasident& CEO of Travel Dubuque provided a Travel Dubuque Update presen[atiou. Topics in presen[ation were; adventure guide, group tours, meetings and conventions, riverboat tours, the USS LST 325, Field of Dreams, youth tournamenfs,`�nd'�`his%'s d'owa Dall Park, Ina Council thanked Mr':`f�a(ie for aII t6e 4ard work he'and the Travel Dubuque staff do; . •-`` There'�b'e'in'g'�no fUrh4ier busiriess; May�t���varixgh declared the m�eting���fc7lYrried�at b:l0�p'm ���- •,;:;..r�nor r,-^...... . . .... .. .. . ��/TrikR'YS7-C�i8��tih�,�:,,.,,,�, �.;�� . E_�, �„� , AsSistanYC�'rt��Clai`� .;�,.�,. ,�,r . p,:� i : ,, I�'L�C'iUY,AR'S"ES�I(?P�1",,.�; � ,i,.,, . :.,, �eq� ,...��.,. , , � .. ... . C�ITIs 0�'��3B'U'Q'U'E;�-IOWA CT`7'I"GOi7��TL''�ROCL�D�NIC7'S ,:"''"<I thi� i� , •_ � RP�ti3U'LAIF SESSION •;.,; , _ : {; . �,4 ,� .,, ..:.> ..' "I'N�'I71fEfUqu'C"�Ity'Cb'a�ci�'met'iri r'e�'��l�at^ses§i�ct'at 6:30 p.m. o�i`�ep'teinFser"18, 2023, in the saconci-floor Council Chambers of che'H'r.sCari�Feiicr�dl"Building, 350 W. 6th Street. Pi9'sen'Ef'�W['a�%dc C�v�riagh;"Co�neil^M�di��1`S�Farlie�, Jones, Re'snick,Ronssell; Sprank, Wethal; City 1Vlanager`Van Milligen, City Attordey Brumwell. Mayor Cavanagh'read the call and stated this is a regular session of the Ciry Council called for tha purposs of conducting such 6usiness that may properly come before the City Council. PLEPG£ OF ALLEGIANCE ' '"`' MnMENT`OF'SILENCE ' ` The IvIaytir and'City CoUucil asked eveiyorie in attendance to sli&re idobse'rving"a inoment of"silence in'h'orior of former , .. _,_.�. Counoil Waman Joqc`e"Connors who passec�away last week, Joyce Corinors se'rded'tti"e citiz0ns of Dubuque as a member of the City Council for sixteen year`s; earnirig`the admitation aiid respect _ . .. ._. of cifizeiis and co7leagues alike. PROCLt�IvIATTO`N(Sj ,,,. , . . , :,.: . , ,. 1:Hispariic Heritage Mohth Proclamatiori (Seplember 1S tb Ooto6er 15) N%as abcepCed by Yaca Isabel Lopez on behalf of the Dubaque Unidos otganliation " ' ' 2. Lincoln Liou Pride Week(September 25-29) was accepted by Megan Elsinger, Lincoln Elementary Principal, Crystal Tah•o ll50 Mt, Pleasant St„ Liz Tyler, 1030 Melrose Tr., Candace Eudaley-Loebach 1715 Glen Oak St. and hBr two lion cubs on , behalf of The People Associated with Lincoln 5chool (PALS). I3. Crop Hunger Wallc Day In Dubuque (October 7) w1s accepted by Sue Hattel, Dubuque CROP Hunger Walk Committee Member and Lynn Rusk, Dubuque CROP Hunger Walk Treasurer on behalf of I Dubuque CROP Hungei Walk Committee: � � _ _. i � , CONSENTITEMS � Couucil Member Wethal requested Item No. 7 be held for � separate discussion, Motion by Resnick to receive and file the ! documents, adopt the resolutions, and dispose of as iudicated, � � except for Item No. 7. Seconded by Farber. Motion carried 7-0. i � 1. Minutes and Reports Submitted: City Council Proceedings II of 8/18/23, 8/21/23, 8/22/23, 8/24/23, 9/5/23, 9/11/23, i 9/12/23; Cable Television Commission of 12/8/21, 8/29/23; De Community velopment Advisory Commission of 9/6/23; Historic I � I,� Preservation Commission Minutes of 8/17/23• Zonin Advisor I � B Y � Commission Minutes of 8/24/23; Zoning Board of Adjustment � Minutes of 9/6/23. Upon motion the documents were received and ; � filed. -� I 2. Notice o�',Claims,and Suits: Jessica Martin for property � dama$e, Kelsey Mentz and Julie Hoffman for vehicle damage. i Upon mo�ion tIie documepts were received, filed, and referred I' __ ,,.__ .. : ,>. to Che C��y ACtarney. _; 3,,�4sposi�ion of C1�irps: City Attorney advising that the fpllowm�claims�haye been referred to Public Entity Risk Seryi�es of Iowa,,the ngent for the Iowa Communities Assurance Pool J�ssica;Martin.For property damage; Kelsey Mentz and �i _ . . ... Julie HofFinan for,vehicle damage. Upon motion the documents were received,flled, and concurred. 4._Approval of City Expenditures: Upon motion the documents �� were_�eceived and filed, and Resolution No. 303-23 Authorizing Yhe,Ch�Gf Fipapci�l Of�"icer/CiYy Treasuxer to make eertain payt�3@p�$,g,f bi�1E,t}�at,�}gst be.paid,and approved for payment I in,�c�,q{d�y�E�,�yy(}�,Ciyy,procedures,was adopted. ' ,,S,:�owa;�q�nmassio�o�.Volunteer Service Letter of Support pept�,e_c�px��vla�;qg,��•ad,,C�yat�agh on behalf of the City o,f Dubuque iti su�po,�t o���e��grg@,C_pout�issiou oq Volunteer Service. Uppn mo�iQn�tJi�documents were received, Ciled, and approved. �j, Cjgy �Ian�g�p}��Eq1�,�en,d�ng C�ty Council approval of the l�tte�p�,�u,p,��i��,�qz,tl��Ngt}qq��,Mississippi River Museum& ', t�qU��j�r,r�c�gEa�t�;��JicaGj4n,to the,$�los_&Smokestacks _ _ Na�ioual Aeritage Areas Large Grant Program and no City comttuSr�en����pFJµ�l@51_,��}t�}@,�et(er of support. Upon motion , ._ I th,e.c�q,cg�e�ys ,3�,ea�,receiyed,,filed, and approved, ;7,,�e���}�r�G CR�l41k��kY,�t�dyi�ory Commission (RCAC) submitting qp#;��,�[�p��i�p,G�_��ga�cJing,G���pside foud scrap picic up program: Cput�c,i1,�VI,e4n��,�,yye,Cl�a�,Xegyested_i�nfarmaCion regaxding an � update on this program. City Manager Van Milligen explained that the solid waste agency lias n 28E agreement with the city and they are working with a consultant and the DNR to rectify the identified issues. Council Member Jones who sits on the Dubuque Metropolitan Area Solid Waste Agency concurred with the City Manager and went into greater detail regarding the process that the commission is Pollowing. Motion by Resnick to receive and file the documents. Seconded by Farber, Motion i !� carried 7-0. 8. City Manager providing a copy o£the Roads and Bridges j Magazine Article written by Arielle Swift, Assistant Public Works Director. Upon motiou the documents were received aud ' Filed. ' 9. Zoning Advisory Commission recommending approval of the ', Plat of Survey of Lot 1 and Lot 2 of Bahl Middle Road Place, I Upon motion the documents were received and filed, and � Resolution No. 304-23 Approving tl�e Simple Subdivision Plat of Survey Lot 1 and Lot 2 of Bahl Middle Road Place, Dubuque, ' Iowa was adopted. - -- _ - - 10. Zoning Advisoiy Commission recommends that the City Council approve the simple subdivision as submittcd subject m waiving the bnik regulations for lot area, lot coverage, and rear ylyd setbacks Cor the property at 1363 Iowa StreeY. Upon motion the docnments were received and filed, and Resolution No. 305-23 Approving the Simple Subdivision Plat Buelow PI1ec, Dubuque, Iowa wasadopted. 11. Submittal of the Consolidated Annual Perform�u�ce and Evaluation Report(CAPER) for July 1, 2022, to 7une 30, 2023, to the U.S. Department of Housing &Urban Development Community Planning Division after recommendation of approval at the Public Hearing at the Community Developmeqt Advisory Commission Meeting held on 5eptember 6, 2023. Upon motion the documents were received and Piled, and Resolution No. 306-23 � Aufhorizing the Submission of a Consolidated Annual � Performance and Evaluation Report (Caper) for the Period � Commencing July 1, 2022, and Coneluding June 30; 2023 was I adopted, � 12, First Amandment fo Community Development ffiock Grant (CDBG) Subrecipient Affordable Housing Network, Inc. 90 Main Street HVAC Replacement at 90 Main Street for an additional $528,100 and authorize the Mayor to execute the amendment on behalf of the City. Upon motion the documents were received and filed, and Resolution No. 307-23 Authorizing tha F�irst Amendment to the CDBG Subrecipient Agreement Betwaen the City of Dubuque and Affordable Houeing Network, Inc. was adopted. 13. Accepting the 2023 Asphalt Overlay Ramp Project 4•and authorizing the payment of the final contracC amount of � $75,838.62 to Valentine Conshuction, Co, LLC of Dubuque, IA, for the 2023 Asphalt Overlay Curb Ramp Project 4. Upon motion the documents were received and filed, and Resolu[ion No. 308-23 Accepting the 2023 Asphal[Overlay Curb Ramp Piroject 4 and Authorizing the Payment to the Contractor was adop[ed. 14, Approval of the Cable TV Commissian recommendations for - funding from the Public, Educational, and Government (PEG) : Capital Grant for Access Equipment and Facilities for a total I not to exceed $115,000. Three requests were received and awarded as follows: Prom the Dubuque Community School District up to $35,000 for new equigment, Prom Loras College for new equipment in the amount of$25,000, and not more than$55,000 for the City of Dubuque for new editing stations and new equipment. Upon motion the documents were received, filed, and approved. - I 15. Intent to Apply for Local Housing'Crust Fund FY24 to Iowa Finance Authority with an anticipated amount of $231,167,00 and a required match of$53,169.00. Upon motion the documents were received and filed, and Resolution No. 309-23 Authorizing the Mayor to Execute an Application Por the Local Housing Trust Fund 2024 and Authorizing the Aousing and Community Development Director and the City Manager to Approve the Application was adopted. 16, Intent to apply for 2024 Track 2 Development Base Grant , wiCh an anticipaCed amounC of$11,013,00 with no match ' required. Upon motion the documents were received, filed, and approved, 17. The Dubuque Racing Association (DRA) Financing docnments of the improvement grojects planned for Chaplain Schmitt � Island for Infarmational Purposes Only. Upon motion the �, documents were received and filed. i ' ' i 18. Signed Coutracts: Newt Marine Services for 2023 � Maintenance Dredging Project Public Improvement Contract. Upon 'i motion the documents were received and filed. 19. Approvnl of Retail Alcohol Licenses: Upon motion the documents were received and £iled, and Resolution No. 310-23 i Approying application,s for retail alcohol licenses, as � required�y Cify of Dubuque Code o£Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was I adopted. ITEMS SET FQR,PUBLIC HEARING I Motton by Roussell to receive and file the documents, adopt i the resolutions,,and set the public hearings as indicated. � Seconded b Wethal. Motion carried 7-0. i Y , 1. Vacatin a ortion of an access and trail easement across g_.p_ � Seippel Warehouse LLC property, described as Lot 1 of Dubuque Industrial.Center,Sopth Fourth Addition, in the City of �i D}ibuque;,Zowa,..at the intersection of Seippel Road and Cothngham Road Upon motion the documents were received and I filed and 'Resolpt�on No. 311-23 of Intent to Vacate and Dispose of City Interest in a Portion of an Access and Trail Easement Ovex and Across Lot 1 Of Dubuque Industrial Center South Fourth Addition, in the City of Dubuque, Iowa was adop[ed setting a public hearing fox a meeting to commence at 6:30 p.m..on October 2, 2023 at 6:30 p.m, in the Historic Federal Building.._ , BOARp$(,CQM��SSIONS „�#pp�7t�}G��y��,��d�tg„�he�'qllowing commission. ;�l,��qu�ty,,gp�;�[I,�i�u�,�gl�ks,Comnpission:.One, 3-Year Term t�roygla���,s�g�;tik,�,2Q�4,(Vac�nt term of Herraon) and One, � 3,-X���',T,�1'tS!k1�J'gU�h�a�ua,�y„1,_2025 (Vacant term of Williams) Ag�liEAtpt�:,�ti�l�,�,�t�a3�over, 6Q1 Garfield Ave. (Additional ,Ap,��4�r�5?t��;M}chA�],�;,{'�eiburger, 1718 Diage Crt, David Heiar, 8,Q5,�,arxjag��ik�,j��;. �h�s conunission is subject to t�e SCaYE o£�IQ�va„Ge,qder�a�an��,Law, *69.16A. 9 Commissioners total; cur�r.�a�t1y�Q„�al��13„fet�?al@s/2 openings. Upon roll call vote, IYIC�,�I&l1�.��.�,RPBC��pke�1 Yo the 3;ye�r term Chrough January 1, I 202,y (y��,,��i�r ��c,e,��g�l_all 7,voces,_[Jpon roll call vote, Ms. Frg}�41E$ex�,�g��ppg�ted_Co Che 3-yea�terpi through January 1, ; �,Q2��s;Iy�,�,����}'�,e�.�recg�@�4 yqC@s (RouSsell, Jones, � �§J.��2eCa:��1,RFFtI?G�l_!.�'�Y�,.$a�t�lho,yer receiyed the remaining 3 . . - I . uR�s� -a �,:;: �:. ra _ ... �... ___..._ . . _ ._ �I PUBLIC HEARINGS �� 1, Request to Rezone Property at 1749 Churchill Drive and the Zoning Advisory Commission Recommending Approval.; Motion by Jones to receive and file the documents and that the requirement tliat a proposed ordinance be considered and voted on For passage at two Council meetings prior to the meeting at which it is to be passed be suspended, Seconded by Resnick. Due to the high number of attendees that wanted to speak the Mayor placed a 5-minute per person and a 30-minute total for the full public input section. The Council Chamber quickly was over capacity, based on tl�e Eire M2rshals occupancy load requirements. The Mayor had to ask attendees in the chambers to divide in half and part attend the meeting via TV monitors in the hallway right outside of the council chambers, Attendees were able to see and hear everything that occurred within the chambers and the doors were left open so anyone could enter, or exit based on speaking needs. The Mayor extended the time frame for the public input section ro one hour. A total of six residents spoke in favor of the rezoning request and five residcnts spoke against the rezonin�requesC. 'Phe Mayor asked, by show oP hands, how many attendees were present to speak iu favor of the rezonin� request and how many were speaking in opposition to the request. The Mayor closed che Public input section 7�4 mi�iutes after i�eginning it, etating that due to time consh'aints t6e council needed time co deliberatc this request. One attendee approached the podium and objected, for the record, to the closing of the public input section. The Mayor reiterated that the City Councii had recoived ovex twenty-eight(28) emails as public input on Cliis � � � itam as well as seeing and gearing the responses from residents in attendance. Planning Services Directar Wally Wernimont provided a staff report. Motion carried 7-0. After much discussion by tl�e Ci[y CounciL Motion by Jones for final consideration and passage of Ordinance No. 39-23 Amendin�Title 16 of[he City of Dubuque Cade of Ordinances, Unificd Development Cnde, by Reclassifying Hereinafter Described Properry Located at 1749 Churchill Drive From R-I Single-Family Residential District To R-3c Moder�te Density I Multiple- Family Residential District with Conditions as ! Established in the Attached Memorandum of Agreeinent. Seconded by Resnick. Motion carried 7-0. I Mayor Cavanagh called for a 5-minute recess at 8:25 p,m. to ' allow attendees to exit the council chambers if they did not wish to stay for the rest of tha meeting. 2. Request to Rezone Froperty Located at 25 13isse1l Lane and Zoning Advisory Commission Recommending Approval: Motion by Jones to receive and file the documents and that the raquirament that a proposed ordinance be considered nnd voted on for passa�e at two Council meetings prioc to the meeting at which it is to be passed be suspended, Seconded by Spranlc Planning Services Direetor Wally Wernimont provided a staff report. Applicant Coiy Renson was present in the council chambers. Motion carried 7-Q Motiou by 7ones far Pinal consideration and passage of Ordinance No 40-23 Amending Title 16 of the City of Dubuque — Code of Ordinances, Unified Developmant Code, by ReclassiFying Hereinafter Described Property Located at 2S Bissell Lana(Pin 1025402007 and 10254p2008) from OR Office Residential to C-3 General Commercial District. Seconded by Spranlc Motion carried 7-0. 3. Request to Rezone Property at 2000 Radford Road and Zoning Advisory Commissiou Recammending flpproval: Motion by Roussell to receive and file the documents and that the i requirement that a proposed ordinauce 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 Planning Services Director Wally Wernimont provided a staff - repart. Motion carried 7-0. - Motion by Roussell for final consideration and passage of Oidinance No. 41-23 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by Reclassifying Hereinafter Described Property Along Radford Road Within the City of Dubuque from Planned Unit Development With PC-Planned Commercial Designation to OC Office Commercial, Seconded by � Wethal. Motion carried 7-0. 4. Request to Rezone Property at 3465 Asbuiy Road and Zoning Advisory Commission Recommending Approval with the Condition of Maintaining the Screening Requirements within the Existing Planned Unit Development with PC Planned Commercial District: 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 I which it is to be passed be suspended. Seconded by Farber. Planning Services Director Wally Wernimout provided 1 staff I report and answered questions from the council. Resident j Alexis Steger spoke out against the request. Kim Adams Senior � Vice President of Operations and Facilities at DuTrac I ��i Gommunity Cxedit Uniou spoke in favor of the signage request. � � Motion carried 7-b. Motion by Jones for flnal consideration and pnssage of Ordinance No. 42�23 Amending Title 16 of the City of Dubuque Cqde of Qrdinances, Unified Development Code, by Reclassifying Heremafter Descr��ed Property Located at 3465 Asbury Road _. ,-. from_PUD Plannecl Unit Development with Planned Commercial Dgsignation,to,C-3c General Commereial Dietrict with Conditions. Seconded by Wethal. Motion carried 7-0. 5. Approv,ing a Development Agreement by and between the City of Dubuque, Iowa,,and HG APT LLC: Motion by Sprank to receive and file the,documents and adopt Resolution No. 312 23 Apprgying a Deyelopment Agreement by and between the City of Dubuque, Iowa,and HG Apt LLC including the issuance of Urban Tax Increment Revenue Obligations. Cathrine Sorensen, 2613 Jackson,spqke,regarding the small amount of square footage the proposed_apartments may have. Developer, Josh Manders, 1495 South.Grandyi�w was present in the council chambers. $�cop,d�d,by�?ti',ef}�gl�,�otion carried_7-0. 6,.,,��uq�Pa�;��e l?ur�g.Station Culvert Repaix Project to coj�gj,c���;�gp�Qxjg,g t,h�,plans,�pe�,j�ications, £orm of CA�4tX�64L ai�d,copstxycFjpg egtimate of$586,000.00. Motion by Jo�t�s�tR�e�e�y��apSJ €J,�„�he documerits,and adopt Resolution. , �j'p�_���G�3;/�,c,��ov�a�p,�,�1�ns,,$,�ecifications,,Form of C,Q�tK�t,.���lz�s(�i�}�t�dCpst.for the Maus Park Lake Pump 5�kg:tjo�7,�t}]ye��,I{��aj�;�rojeck. Seconded by Wethal. Motion �azried.7.9h,��..,, �,� .._. 7. �Gg�@st.to,;Q�g�t�l PUD Zqne C at 7495 Chavenelle Road of t,l�e,[��g��cte„I��}y�t�;�1,Centex West Planned Unit Development and.The,�aning;Advisory Commission Recommending Approval: Motjgn;py,�to��gG��.tg,regeive and file the documents and that the;Lequirep}gn,t�llZat;;�,prgposed ordivance be considered and _ yoted on fp�p,�@,gge at two Council meetings prior to the � meeang at which it is to be passed be suspended. 5econded by Weth21. Planning Services Director Wally Wernimont pxovided a ' staff report, Applicant and owner of Good Life Integrative � ' Veterinary Care, Katie Merkes spoke in favor of the , application. Motion carried 7-0. , Motiou by Roussell for final consideration and pass2ge of Ordinance No. 43-23 Amending Title 16, Unified Development Code of The City of Dubuque Code of Ordinances, by Rescinding Ordinance No. 6-23 Which Established Regulations for a PUD Plam�ed Unit Development District wifh A PI Planned Industrial Designation and Adoptiug an Amended PUD Ordinance to Allow an Animal Hospital or Clinic, Kennel, And Pet Daycare or Grooming as Permitked Uses in Zone C of the Dubuque Industrial Center West Planned Unit Development District. Seconded by Farber. Motion carried 7-0. 8. Unified Development Code Text Amendment Request and the Zoning Advisory Commissiott Recommeuding Approval: Motion by Jones to receive and file the documents and that the � i 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. Seconcled by WethaL Planning Services Director Wally Wernimont provided a staff report aud answered questions from the council. Emily Sewell, 900 Jackson St. spoke in favor oP the request, Motion carried � �-�� iMotion by Jonas for final consideration and passage of Ordivance No 44-23 Amending Title 16 of Uie City oP Dubuque Code of Ordinancas, Unified Developmeut Code, by Amending Articles 16-5-13 C-3 General Commercial, by Adding Drive- Up Automatecl Bank Teller to the List of Permitted Uses and by Amending Articles 16-5-14 C-4 Downtown Commercial, by Adding Drive-Up Automated Dank Teller to the List of Conditional Uses and by Amending Article 16-8-5-10, by Modifying the Drive-Up Aucomated Bank Teller Condition and by Amending Chapters � 16-15-11-8 (C-3), 16-15-11-9 (C-4), 16-15-11-12 (CR) and � � i 16-15-11-14 (LI,HI, And MHn, to Add Drive-Up Automated Bank� '� Teller Signage Standards Seconded by WethaL Motion carricd 7-0. 9. Community Development Block Grant FY24 Annual Ac[ion Plan Amendment No. 1 as reviewed by the Commnnity Development Advisoiry Commission at their meetings on August 16, 2023, and September 6, 2023. Motion by Wethal to recaive and file the documents and adopt Resolution No. 314-23 Adopting the Fiscal Yenr 2024 (Program Year 2023) Community Developmant Block Grant (CDBG) Annual Actiott Plan Amendment#1, Seconded by Farber. Housing and Community Developm�nt Director Alexis Steger answered questions from the counciL Motion eflrried 7-0. 10, Dubttque Racing Association L.ease, Improvement Projects Lot 1 of Chaplain Schmitt Island, RequesCing Consent oP Cety to Improvements, Leasehold Mortgage, & Subordinntion Agreement: Motion by Jones to receive and file the documants and adopt Resolution No. 315-23 Disposing of an Interest in Real Property by Lease Agreement with Dubuque Racing _ Associatian, LTD., and Approving a Leasehold Mortgage and Subordination Agreement Between Dubuque Racing Association, LTD and MidWestOne Bank, 5econded by Wethal. Council Member Farber recused heiself from chis item due to her relationship with MidWestOne and exited the council chambers, Alex Dixon President and CEO of the Q Casino and DRA thanked the council i and staff for all the time and hard work that went into establishing this partnership and agreement. The Mayor and council acknowledge this momentous occasion. Motion carried 6-0. Farber returned to the council chamhers. I1. Lease Agreement Amphitheater, Lot 2 & 3: Motion by Roussell to receive and file tha documents and adopt Resolution No. 316-23 Disposiug of City Interest in Real . Property Legally Described as Lots 2 and 3 oP Chaplain Schmitt Island in the City of DubuGue, Iowa According to the Plat Recoc•ded as Instrument#2023-7679, Records of Dubuque County, Iowa by Lease with Dubuque Racing Association, LTD. 5ecouded by Sprank. Alex Dixon Presidentand CEO ofthe Q Casino and DRA thanked Leisure 5eivices Director Marie Ware Por all her hard work to see this a$reement to&uition and the city for their continued support. Motion carried 7-0. 12. Issuauce oPNot to Exceed $1,000,000, Sewer Revenue Capital Loan Notes (Interim Financing) State Revolving Funds, IPlanning and Design Loan Applications: Motion by Wethal to � � receive and file the documents and adopt Resolution No. 317-23 Taking Additional Action with Respect to a Sewer Revenue Lo�n and Disbursement Agreement and Authorizing, Approving and Securing fhe Payment of a$1,000,000 Sewer Revenue Loan and Disbursement Agreement Anticipation Project Note(IFA Interim Loan and Disbursement Agreement) (Lift Stations) Seconded by Sprank. Motion carried 7-0, 13. Issuance oP Not to Exceed$430,000, 5ewer Revenue Capital Loan Notes (Interim Financing) State Revolviug Funds, I Planning and Design Loan Applications: Motion by Farber to receive and £ile the documents and adopt Resolution No. 318-23 � Taking Additional Action with Respect to a Sewer Revenue Loan ; and Disbursement Agreement and Authorizing, Approving, and Securi�g:the Pnyment_of a$430,000 Sewer Revenue Loan and Disbursement Agreement Anticipation Project Note (IFA Interim Loan andDisbursement Agreement) (Grove). Seconded by 5prank. Motion carried 7-0. ,._.,, ; _ ... .,,.. ACTION ITEMS, ,. , 1. USDA F�resk Service Urban& Community Forest Program Grant Award: Ivlotion by Roussell to receive and file the documents_and„�pprove. Secoiided by Resnick. Leisure 5ervices Director M2rie,Ware provided information on the notification , ..: : that the CiCy oP Dubuque has been awaxded a USDA Forest Service Urban and Community Forest Program Grant totaling $1,499,978. Restated motion by Roussell to receive and file the documents. Seconded by Resnick. Motion carried 7-0. 2. Five Flags Civic Center FY 23 Annual Report Presentation: MpGi�on;bx,Jg��g,�p�rGceive and file the documents and listen kq thg;�xeggntat�c�n.;��cpnded by Sprank. Five Flags Civic C�nt�,��peX@1�gi7ager A�ron Rainey presented on: Building up_���r�S,,p�;�nts,i�g�yj,�,w,,eyept,analysis, food and beverage, I vql�;qk�e;s„(ic�p�,�gp�rs,ci�,ti}ographics, neWs coverage, social me�ii�;,�y,g�u� par�n���,s, staff, and upcoming events. Motion ca;r4�d,?,,0 �; ,��� , . > ,�„�,e,��l S��ui�,e iy�ng,j�@placement,Program in 3 phases to � com�l@te gg�lar��}g�n,t„of,lead_�ervice lines in 575 homes, �, maj���}�t�pg,tJ��,�,Y,�$,�LiclgeKp�pjection,of a 5% water rate , ' 'r_n��,ppg,���p2C,.ot�r��a�to}�s might impact.this raCe inerease, . I howe�ex,,;;ha�,wq�ild,be determined,through the FY25 budget prcac���c���u�,���l,�q_qpg�l of 2Q24._Matian by Roussell to r,e�lue;at�i,�j��,t�1��,�Q�qments and approve.,Seconded by Jones. ' M9ti51??:Fc'�.Criecj,.Z-�9,•._..:. ._.__.. . � 4. Communicy Development Block Grant (CDBG) Subrecipient � AgreemenC to assisC Catholic Chaiities for an additional $245,000 For the replacement of two elevators in Ecumenical Tower and authorize the Mayor to execute the 2greement on behalf of the City, Motion by Roussell fo receive and file the documents 1nd ndopt ResoluCion No. 319-23 Authorizing Execution of CDBG Subrecipient Agreement with Catholic Charities. Seconded by Wethal. Housing and Community Development Director Alexis Steger read three statements expressiug the need for elevator repairs. One from Tracy Morrison, Executive Director af Catholic Charities, one from Cee Cee, a Resident of Ecumenical Towers and the third from resident$rooklyn Williams of Ecumenical Towers, all of whom could not stay due to the late hour. Motiou carried 7-0. 5. Community Development Block Grant(CDBG) Subrecipient Agreement to assist Dubuque Community 5chools Lincoln Outdoor Wellness with n project budget of$474,431 for a complete site redesign at Lincoln Elementary School to improve the use of Ispace in a low-mod area and authorize the Mayor to execute the i agreement on behalf of the City. 1Vlotion by Far6er to raceive I and file tha documents and adopt Resolution No. 320-23 Authorizing Execution of CDL�G Subrecipient Agreement with Dubuque Community Schools. Seconded by Resnick. Motiou carried 7-0. 6. Community Development Block Grant (CDBG) Subrecipient Agreement to assist Mt. Pleasant Home to remodel an existing bathroom to be�1DA-compliant with a project budget of$18,000 and authorize the Mayor to execute the agreement on behalf of Che City. Motion by Farber to receive and file the documents and adopt Resolution No, 321-23 Authorizing Execution of CDBG Subrecipient Agreement with Mt. Fleasant Home, Secondecl by Wethal. Housing and Communi[y llevelopment Director Alexis Ste�;er read statements by Keitl� Kettler, Administrator of Mt Pleasant Homes and Karen Zeckser, Mt Pleasant Homes Board Member outliuing the n€ed to remodel the bathroom originally l built in 1939. Motion carried 7-Q i 7, Request for Work Session: Black Heritage Survey Update on Monday, October 16, 2023, at 6:00 p.m. for an update on Black ' bleritage Survey. Motian by Roussell to receive and file [he ' documents and schedule the work session as recommended, 5econded by Sprank. No schedule conflicts were expressed. Motion carried 7-0. 8, New Housing Projects Update - September 2023 Video and Handout: Public Information OfPice staff will show a video showing progress on some of the new housing projects under way in Dubuque. The video can also be seen on YouTube at https://youtu,be/sqC44udGSOs?si=L9Z7EJSGQc8K2xoY Motion by Resnick to receive and file the documen[s and watch the video. Seconded by Jones. Mo[ion cartied 7-0. COUNCIL M$MBER REPORTS Each council member took a moment to share memories and to send Cl�eir heartfelt condolences to the famIly and friends of Joyce Conuors who passed away suddenly on September 15, 2023. Joyces encouragement to serve the residents of the City of Dubuque by serving as an alected official was something the Mayor and each of the council members shared in common. Rememberin�Joyces calm deme�nor, hard work ethic, and commitmant to the Dubuque Community were very common themes • throughout the shared memories. CLO5ED SESSION Motion by Janes to convene in closed session at 10:49 p.m. to discuss Pending Litigation and Purchase or Sale of Real Estate Chapter 21.5(1)(c),(j) Code of Iowa. Seconded hy WethaL Mayor Cavanagh stated Por the record that the attorney who will consult with the City Council on the issues to be discussed in the closed session is City Attorney Brumwell. Motiou carried 7-0. � The City Council reconvened in open session at 12:04 a.m. stating that staPf had been given proper direction. ADJOURNMENT There being no fiirther business, Mayor Cavanagh declared the meeting adjourned at 12:05 a.m. Tuesday morning. /s/Trish L. C'ileasan, Assistant City Clerk , lt 9/28