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Minutes_City Council Proceedings 04.15.24Copyrighted May 6, 2024 City of Dubuque Consent Items # 01. City Council Meeting ITEM TITLE: Minutes and Reports Submitted SUMMARY: Arts and Cultural Affairs Commission of February 27, 2024; City Council Proceedings of April 8, 9, 15, and 22, 2024; Amended City Council Proceedings of April 4 and 15, 2024; Civil Service Commission of April 10, 2024; Community Development Advisory Commission of March 20, 2024; Five Flags Civic Center Advisory Commission of December 5, 2023; Historic Preservation Commission of March 21, 2024; Housing Appeals and Mediation Board of September 19, 2023; Library Board of Trustees of December 21, 2023; Library Board of Trustees Update of March 28 and April 25, 2024; Parks and Recreation Commission of March 12, 2024; Transit Advisory Board of September 14, 2023; Zoning Advisory Commission of April 3, 2024; Zoning Board of Adjustment of March 28 and April 25, 2024; Proof of Publication for City Council Proceedings of March 18, 25, 26, 27, and 28, and April 1, 2, 4, 8, and 9, 2024. SUGGESTED Suggested Disposition: Receive and File DISPOSITION: ATTACHMENTS: Description Type City Council Proceedings of April 8, 2024 Supporting Documentation City Council Proceedings of April 9, 2024 Supporting Documentation City Council Proceedings of April 15, 2024 Supporting Documentation City Council Proceedings of April 22, 2024 Supporting Documentation Amended City Council Proceedings of April 4, 2024 Supporting Documentation Amended City Council Proceedings of April 15, 2024 Supporting Documentation Proof of Publication March 18, 2024 Proof of Publication -March 25, 2024 Meeting 1 Proof of Publication -March 25, 2024 Meeting 2 Proof of Publication March 26, 2024 Proof of Publication March 27, 2024 Proof of Publication March 28, 2024 Proof of Publication_ April 1, 2024 Proof of Publication_ April 2, 2024 Proof of Publication_ April 4, 2024 Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Parks and Recreation Commission Minutes Supporting Documentation Housing Appeals and Mediation Board Minutes Supporting Documentation Arts and Cultural Affairs Minutes Supporting Documentation Civil Service Commission Minutes Supporting Documentation Transit Advisory Board Minutes Supporting Documentation Community Development Advisory Commission Minutes Supporting Documentation Historic Preservation Commission Minutes Supporting Documentation Five Flags Civic Center Advisory Commission Minutes Supporting Documentation Library Board of Trustees Minutes Supporting Documentation Zoning Board of Adjustment Minutes —March 2024 Supporting Documentation Zoning Board of Adjustment Minutes —April 2024 Supporting Documentation Library Board of Trustees Update —March 28, 2024 Supporting Documentation Library Board of Trustees Update —April 25, 2024 Supporting Documentation Proof of Publication —April 8, 2024 Supporting Documentation Proof of Publication —April 9, 2024 Supporting Documentation Zoning Advisory Commission Minutes Supporting Documentation CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on April 15, 2024, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Cavanagh; Council Members Farber, Jones, Resnick (participated virtually; arrived at 6:49 p.m.), 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 PRESENTATION(S) 1. Permanent Part -Time Team Member of the Year Recognition: Recreation Division Manager Dan Kroger introduced Iowa Parks and Recreation Association Representative Geoff Hubbard. Mr. Hubbard virtually recognized Susan Stopplemoor, a part-time employee in the City of Dubuque Leisure Services Department, for receiving the Iowa Parks and Recreation Association's Permanent Part -Time Team Member of the Year Award. PROCLAMATION(S) 1. Arbor Day (April 26, 2024) was accepted by Steve Pregler on behalf of Dubuque Trees Forever. CONSENT ITEMS Mayor Cavanagh requested Item No. 11 be held for separate discussion. Council Member Roussell requested Item No. 13 be held for separate discussion and announced she would abstain from voting on the item due to her board service with Dubuque Trees Forever. Motion by Farber to receive and file the documents and adopt the resolutions except for Item Nos. 11 and 13. Point of Order by Cavanagh that the suggested disposition for some consent items includes to dispose of as indicated. Motion amended by Farber to include dispose of as indicated. Seconded by Sprank. Motion carried 6-0 with Resnick absent. 1. Minutes and Reports Submitted: Airport Commission of February 27, 2024; City Council Proceedings of March 25, 26, 27, 28 and April 1, 2, and 4 2024; Community Development Advisory Commission of January 17, 2024; Equity and Human Rights Commission of March 12, 2024; Resilient Community Advisory Commission of January 11, 2024; Zoning Advisory Commission Draft Minutes of April 3, 2024. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Cummer Masonry Inc. for vehicle damage; Progressive Northern Insurance Company A/S/O John Klauer for vehicle damage; Cassidy Loffa for vehicle damage. Upon motion the documents were received, filed, and referred to the City Attorney. 1 3. Disposition of Claims: City Attorney advised that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Cummer Masonry for vehicle damage. Upon motion the documents were received, filed, and concurred. 4. Approval of City Expenditures: Upon motion the documents were received and filed, and Resolution No. 81-24 Authorizing the Chief Financial Officer/City Treasurer to make certain payments of bills that must be paid and approved for payment in accordance with City procedures was adopted. 5. Letter of Support for Canadian and Iowa Northern Railway Integration: City Manager provided a copy of a letter of support on behalf of the City of Dubuque in support of the Canadian and Iowa Northern Railway Integration. Upon motion the documents were received, filed, and approved. 6. Pledge Agreement for an Iowa Partners for Conservation Grant: Upon motion the documents were received and filed, and Resolution No. 82-24 Pledging Support and up to $25,000 In -Kind Local Matching Funds for the Dubuque Soil & Water Conservation District's Application for a $825,000 U.S. Department of Agriculture Natural Resource Conservation Service Iowa Partners for Conservation Grant was adopted. 7. City Clerk's Office Promotion of Civic Engagement at the Multicultural Family Center's Teen Career Fair: Upon motion the documents were received and filed. 8. Recommended Sculptures for 2024-25 Art on the River Rotating Public Art Exhibition: Upon motion the documents were received, filed, and approved. 9. alltogetherdubuque.com Website Produced Through the Iowa Department of Cultural Affairs' Iowa Arts & Culture Marketing Grant: Upon motion the documents were received and filed. 10. Updated Version of Creating Housing Opportunities Brochure: Upon motion the documents were received and filed. 11. 3000 Jackson Dubuque Brewing and Malting Building Update: Motion by Sprank to receive and file the documents. Seconded by Wethal. Assistant Housing & Community Development Director Micheal Belmont provided the current demolition schedule. City Council Members emphasized the need for the demolition to occur on schedule. Motion carried 6-0 with Council Member Resnick absent. 12. Bloomberg Youth Climate Action Grant Award: Upon motion the documents were received, filed, and approved. 13. Sustainable Dubuque Grant Recommendation: Motion by Jones to receive and file the documents and adopt Resolution No. 83-24 Awarding Sustainable Dubuque Grant to the Boys and Girl Club of Greater Dubuque; Resolution No. 84-24 Awarding Sustainable Dubuque Grant to Jessica Paisley; Resolution No. 85-24 Awarding Sustainable Dubuque Grant to Mississippi River Revival, DBQ, Inc.; Resolution No. 86-24 Awarding Sustainable Dubuque Grant to the Oak View Group; Resolution No. 87-24 Awarding Sustainable Dubuque Grant to ReEvolution Farms; Resolution No. 88-24 Awarding Sustainable Dubuque Grant to St. Marks Youth Enrichment; and Resolution No. 89-24 Awarding Sustainable Dubuque Grant to Dubuque Trees Forever. Seconded by Farber. Council Member Resnick virtually joined the meeting during the vote. Motion carried 6-0 with Roussell abstained. 14. Cities Forward Initiative Charter of Cooperation with Hermosillo, Mexico: Upon motion the documents were received, filed, and approved. 15. Approve Jeffris Foundation Grant Application Submission and Authorize City Manager to Execute Grant Agreement and Contract for a Historic Structure Report for Eagle Point Park: Upon motion the documents were received and filed, and Resolution No. 90-24 Authorizing the City Manager to execute an application for Jeffris Foundation Jeffris Heartland Fund Grant and authorizing the Leisure Services Director and the City Manager to approve the application was adopted. 16. Fleet Fueling System Design of Replacement — Request to Release Request for Proposals: Upon motion the documents were received, filed, and approved. 17. Fleet Maintenance Operations Assessment — Request to Release Request for Proposals: Upon motion the documents were received, filed, and approved. 18. Disaster Debris Removal Services: Upon motion the documents were received, filed, and approved. 19. Iowa Land Recycling Program Environmental Covenant: Upon motion the documents were received and filed, and Resolution No. 91-24 Approving an Iowa Land Recycling Program Environmental Covenant on property in the North Port of the Port of Dubuque in the City of Dubuque, Iowa was adopted. 20. Approving a First Amendment to a Development Agreement by and between the City of Dubuque and Switch Homes, LLC: Upon motion the documents were received and filed, and Resolution No. 92-24 Approving the First Amendment to Development Agreement by and Between the City of Dubuque, Iowa and Switch Homes, LLC was adopted. 21. Plat of Survey of Splendid Valley Estates: Upon motion the documents were received and filed, and Resolution No. 93-24 Approving the Final Plat of Splendid Valley Estates, Dubuque County, Iowa was adopted. 22. Signed Contract(s): Bolton & Menk, Inc. for the Central Avenue and White Street Corridor Traffic Study; J&R Supply, Inc. for the Ring & Lids - Metal Supply. Upon motion the documents were received and filed. 23. Iowa Department of Transportation HMA Resurfacing and PCC Patching Projects Notifications: Correspondence from Jesse Tibodeau, Assistant District Engineer for the Iowa Department of Transportation, providing notification of HMA resurfacing and PCC patching projects within the city. Upon motion the documents were received and filed. 24. Civil Service Commission Certified List - Police Officer: Upon motion the documents were received, filed, and made a matter of record. 25. Approval of Retail Alcohol Licenses: Upon motion the documents were received and filed, 3 and Resolution No. 94-24 Approving applications for retail alcohol licenses, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. ITEMS SET FOR PUBLIC HEARING Motion by Roussell to receive and file the documents, adopt the resolutions, and set the public hearings as indicated. Seconded by Wethal. Motion carried 7-0. 1. Resolution Setting a Public Hearing on a Proposed Development Agreement by and among the City of Dubuque, Iowa, Woodward Communications, Inc., and WHKS & CO., Inc. Providing for the Issuance of Urban Renewal Tax Increment Revenue Grant Obligations Pursuant to the Development Agreement: Upon motion the documents were received and filed and Resolution No. 95-24 Fixing the date for a Public Hearing of the City Council of the City of Dubuque, Iowa on the Proposed Development Agreement by and among the City of Dubuque, Iowa, Woodward Communications, Inc., and WHKS & Co., Inc., including the proposed issuance of Urban Renewal Tax Increment Revenue Grant Obligations to Woodward Communications, Inc., 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 May 6, 2024 in the Historic Federal Building. 2. Set Public Hearing for Disposition of City -Owned Lot at 627 Rhomberg Avenue: Upon motion the documents were received and filed and Resolution No. 96-24 Intent to dispose of an interest in City of Dubuque real estate to Karl Williams, setting a time and place for hearing, and providing for the publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 6, 2024 in the Historic Federal Building. PUBLIC HEARINGS 1. Request to Rezone 2529 Marywood Drive: 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. Planning Services Director Wally Wernimont provided a staff report. Dakota Schilling, 12346 Swiss Valley Rd., introduced himself as the applicant and Sheri Kubly, 679 Bluff St., introduced herself as the property's realtor and summarized the inspections that have occurred on the property. Responding to a question from the City Council, Mr. Wernimont stated that a conditional use permit for an accessory dwelling is the more expensive option for achieving the applicants' goals, hence why the applicant requested the rezoning instead. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 8-24 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property from R-1 Single -Family Residential to R-2 Two -Family Residential. Seconded by Farber. Motion carried 7-0. 2. Unified Development Code Amendment Removing Off -Street Parking Requirements in the Jackson Park and Cathedral Historic Districts: Motion by Roussell to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Sprank. Planning Services Director Wally Wernimont provided a staff report. Motion carried 7-0. El Motion by Rousell for final consideration and passage of Ordinance No. 9-24 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by Amending Articles 16-5-3-5 (R-1), 16-5-4-5 (R-2a), 16-5-5-5 (R-3), 16-5-6-5 (R-4), 16-5-7-5 (Or), 16-5-8-5 (OS), 16-5-9-5 (OC, 16-5-10-5 (C-1), 16-5-11-2 (C-2), And 16-5-13-5 (C-3) by Removing the Off -Street Parking Requirement for properties located within the Jackson Park and Cathedral Historic Districts. Seconded by Sprank. Motion carried 7-0. 3. 2024 Maintenance Dredging Project No. 1 Public Hearing: Motion by Jones to receive and file the documents and adopt Resolution No. 97-24 Approval of plans, specifications, form of contract, and estimated cost for the 2024 Maintenance Dredging Project No. 1. Seconded by Farber. Motion carried 7-0. 4. Fiscal Year 2025 Budget Adoption: Motion by Farber to receive and file the documents and adopt Resolution No. 98-24 Adoption of Budget and Certification of City Taxes; Resolution No. 99-24 Adopting the City of Dubuque Fiscal Year 2025 Annual Budget; and Resolution No. 100-24 Adopting the City of Dubuque Five Year Capital Improvement Program. Seconded by Wethal. City Clerk Breitfelder announced that written input was submitted by the following individuals: Robert Bennett, 1636 Jackson St.; Annie Flanagan, 335 N Booth St.; Danielle Taylor, 90 Main St.; Frank Belcastro, 285 North Grandview Ave.; Shirley A. Healy, 3895 Short St.; Sandy Hockenberry, 1015 W 3rd St.; Nichollas Zimmerman, 1193 Highland Place; MagDahlia Zimmerman, 1193 Highland Place; Larry Zimmerman, 1193 Highland Place; Marilyn Gorun, 3113 Pasadena Ct, Unit 32; Sue McTaggart, 1163 Highland Place; Evelyn Nadeau, 663 Fenelon Place; Kalee Kerper, 1717 Kane St.;, Apt. 43; Paul Schultz, 1040 Carmel Dr.; Briana Moss, 2520 Marywood Dr.; Veronica McAvoy, 125 West 9t" St.; Dorothy Schwendinger, 3390 Windsor Ave.; Kimberly Stedwell, 1860 Hale St.; Heidi Zull, 1530 Jackson St.; Jeffrey Robbins, 629 Groveland Place; Andrea Bixler, 485 Arlington St.; and John Klostermann. City Council Members expressed support for the budget and the proposed rate increase, citing cost increases and staffing needs. Motion carried 7-0. ACTION ITEMS 1. Fiscal Year 2025 Planning Services Department — Increased Fees: Motion by Jones to receive and file the documents and adopt Resolution No. 101-24 Rescinding Resolution No. 87-23, Establishing a Schedule of Development Services Fees, and adopting in lieu thereof a New Schedule Of Development Services Fees as provided in Title 16 of the City Of Dubuque Code of Ordinances, Unified Development Code. Seconded by Wethal. Motion carried 7-0. 2. Establishing Water Rates under City of Dubuque Code of Ordinances for Fiscal Year 2025: 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. Motion by Jones for final consideration and passage of Ordinance No. 10-24 Establishing City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 1 Water Use and Service, Article C Rates, Section 13-1 C-1(A) Fixing Water Rates for Residential, Commercial, Industrial, and all other uses; and Ordinance No. 11-24 Establishing the City of Dubuque Code of Ordinances Title 13 Public Utilities Chapter 1 Water Use and Service, Article C Rates Section 13-1 C-2 Fixing Water Rates for Fire Sprinkler Service. Seconded by Wethal. Motion carried 7- 0. 3. Establishing Sanitary Sewer Rates under City of Dubuque Code of Ordinances for Fiscal 5 Year 2025: Motion by Roussell to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Sprank. Motion carried 7-0. Motion by Roussell for final consideration and passage of Ordinance No. 11-24 City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 2 Sewers and Sewage Disposal, Article C Rates, Section 13-2C-3 rates established for Fiscal Year 2025. Seconded by Sprank. Motion carried 7-0. 4. Establishing Solid Waste Rates and Additional Proposed Revisions under City of Dubuque Code of Ordinances for Fiscal Year 2025: Motion by Roussell to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Wethal. Motion carried 7-0. Motion by Roussell for final consideration and passage of Ordinance No. 12-24 Amending City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 6 Solid Waste. Seconded by Wethal. Motion carried 7-0. 5. Establishing Stormwater Management Utility Fee Rates under City of Dubuque Code of Ordinances for Fiscal Year 2025: Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Farber. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 13-24 Amending City of Dubuque Code of Ordinances Section 13-4-5 (D) SFU Rate, Charges; Utility Revenues. Seconded by Farber. Motion carried 7-0. 6. Five -Year Street Construction Program for Fiscal Years 2025-2029: Motion by Sprank to receive and file the documents and adopt Resolution No. 102-24 Adopting the Five -Year Street Construction Program for Fiscal Years 2025 - 2029. Seconded by Wethal. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Wethal reported on the 100t" anniversary of Medical Associates. Council Member Jones reported on the Firefighters Association annual dinner. Mr. Jones also reported on attending a ribbon cutting for a transitional living house for men established by the Fountain of Youth Program and Hillcrest Family Services. Council Member Farber reported on attending the University of Dubuque's annual board meeting and the one-year anniversary of MedOne. Council Member Sprank reported on the Multicultural Family Center's Celebrate Africa and the Diaspora event. Mayor Cavanagh reported on presenting at an Iowa Department of Transportation commission meeting. Mayor Cavanagh also reported on two upcoming festivals in Dubuque: the Growing Sustainable Communities Conference and the Julien Dubuque International Film Festival. CLOSED SESSION Motion by Jones to convene in closed session at 8.37 p.m. to discuss Pending Litigation and Purchase or Sale of Real Estate — Chapter 21.5(1)(c),O) Code of Iowa. Seconded by Wethal. n Mayor Cavanagh stated for 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. Motion carried 7-0. The City Council reconvened in open session at 9:48 p.m. stating that staff had been given proper direction. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 9:48 p.m. /s/Adrienne N. Breitfelder, CMC City Clerk 7