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Proof_City Council Proceedings_Amended 04.15.24 Copyrighted May 20, 2024 City of Dubuque Consent Items # 01. City Council Meeting ITEM TITLE: Minutes and Reports Submitted SUM MARY: Airport Commission of March 26, 2024; Arts & Cultural Affairs of March 26, 2024; City Council Proceedings of May 6 and 13, 2024; Civil Service Commission of April 10, 2024; Community Development Advisory Commission of March 20, 2024; Zoning Advisory Commission Unapproved Minutes of May 1, 2024; Proof of Publication for City Council Amended Proceedings of April 15 and 22, 2024; Proof of Publication for City Council Amended Proceedings of April 4 and 15, 2024. SUGGESTED Suggested Disposition: Receive and File DISPOSITION: ATTACHMENTS: Description Type Airport Commission Minutes Supporting Documentation Community Development Advisory Commission Minutes Supporting Documentation Proof of Publication for City Council Proceedings of Supporting Documentation 4/15/24 Proof of Publication for City Council Proceedings of Supporting Documentation 4/22/24 Proof of Publication for City Council Amended Supporting Documentation Proceedings 4.4.24 Proof of Publication for City Council Amended Supporting Documentation Proceedings 4.15.24 Civil Service Commission Minutes Supporting Documentation Zoning Advisory Commission Unapproved Minutes Supporting Documentation Arts & Cultural Affairs Minutes Supporting Documentation City Council Proceedings 5/6/24 Supporting Documentation City Council Proceedings 5/13/24 Supporting Documentation STATE OF I�WA SS: DUBUQUE C4UNTY CERTIF�CA'CE OF PUBLICATIOt�' I, Kathy Goetzinger, a Billing Clerk far Woodward Communi�ations, Inc., an Iowa corporation, �ublisher of the Telegraph Herald, a newspa�e�� of general circulation published in the City of Dubuque, County of Dubugue and 5tate of Ia��va; heE�eby certify that tl�e attached notice was published in said newspaper on the foliowing dates: 05/�I/2024 and for which the charge is 344.45 � ��-i �� �,� �-"� - �'�-- _- �z�_ Subscribed to before me, a I�otary Ptibli�En and for Dubuqite County, Iowa, this 1 st day ot'May, 2024 � Notaiy P b c �n and for Dtibuque Counry, Iowa. �rPtint�m .11�.�d��'1C. ��PE ��r Cor,irnission Nur�kt�er�9�JB59 r,�,_ • t,11y Cammission Expires a fnwh 1�I11�2025 Ad text : CITY OF DUBUQUE, IOWA AMENDED CITY COUNCIL PROCEBDINGS REGULAR SESSION THE FOLLOWING PROCEEDINGS HAVE$EEN AMENDED TO CORRECT THE ORDINANCE NUMBERING. The Dubuque City Counci� met in regtilar session at 6:30 p.m. on April 15, 2024, in the second-floot' Cot►ncil Chambers of the Histaa�ic Federal Building, 350 W. 6th Street. Present: Mayor Cavana�h; Council Members Farber, 7ones, Resnick (participated virtualiy; a�'rived at 6:49 p.m.}, Roussel6, Sp��ank, Wethal; City Manager Van Milligen, City Attorney Brumwell. Mayor Ca�anagh read the call and stated this is a regular session of the City Council called for tl�e purpose of conducting such business that ma}� p�-opet']y come before the City Council. PLEDGE OF ALLEGIANCE PRESENTATION{S} 1. Permanent Fart-Time Team Member of the Year Recognition: Recreation Division Manager Dan Kroger introduced Iowa Parks and Recreation Association Representative Geoff Hubhard. Mr. Hubbaed virtually recognized Susan Stopplemoor, a part-time employee in the City of Dubuque Leisure Services Department, fot' R'eceivang the Iowa Parks and Recreation Associatians Permanent Part-Time Team Meniber of the Year Award. PROCLAMATION(S) 1. Arbot� Day (April 2b, 2024) was accepted by Steve Pregler on behalf of D�ibuque Trees Fore�er. CONSENT ITEMS Mayor Cavanagh requested Item No. 11 be held tbr separate discussian. Council Member Roussell reyuested Iten� 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. Mation by Farber to receive and file the documents and adopt the resoltitions except for Item Nos. 11 and 13. Point ot�Order by Cavanagh that the suggested disposition for some consent items includes to dispose o#�as indicated. Motion amended hy Farber to include dispose of as indicated. Seconded by Spranlc. Motion ca��ried (-0 with Resnick absent. 1. Mintites and Aeports Submitted: Airport Commission of Februaiy 27, 2024; City Cauncil Proceedings of March 25, 26, 27, Z8 and ApE�il l, 2, and 4 202�; Community Development Ad�iso�y Commission of January 17, 2024; �quity and Human Rights Con�mission af Maa'ch 12, 2024; Aesilient Community Advisory Commission of January 1 I, 2024; Zoning Advisory Commission Draft Minutes of April 3, 2024. Upon n�otion the documents were ��ecei�ed and filed. 2. Notice of Claims and Suits: Cummer Masonry Inc. for vehicle damage; Progressive Northern Ynsua�ance Company A/S/O 7ol�n Klauer for vehicle dama�e; Cassidy Loffa for vehicle damage. Upon mation the documents were received, filed, and r�f�rred to the City Attorney. 3. Disposition of C[aims: Ciry Attorney advised that tEle following claims have been referred to Public Entiry Risk Services of Iowa, the agen# for the Iowa Con�munities Assurance Pool: Cummer Masonry for vehicte damage. Upon motian tlle documents were received, filed, and conct►rred. 4. Appro�a] of City Expe►lditures: ilpon motion tl�e documents were received and filed, and Resolutios� No. 81-24 Authorizing the Chief Financial Officer/City Treasurer to make certain payments of bills [hat must be paid and approved 1�or payment in accordance with Ciry procedures was adopted. 5. Letter of 3upport for Canad'sa�� and Iowa Northern Railway IntegraCion: City Mana�ea�pi•ovided a copy of a lettes� of support on behalf of the City of Dubuque in support of the Canadian and Iowa Nortl�er�n Railway inte�ration. U�on motion the clocu�nents wet'e received, �iled, and approved. 6. Pledge Agreement for an Iowa Partners for Conservation Grant: Upon motion the documents were received and �iled, and Resalutiou No. 82-24 Pledging Support and up ta $25,000 In-Kind Local Matching Funds for the Dubuque Soil & Water Conservation Districts Application for a $$?5,000 U.S. Depar[ment at�Agriculture iVatural Resource Conservation Service Iowa Partners ior Conservation Grant was adopted. 7. City Clet'k's Oftice Promotion of Civic En�age�t�ent at the Multict�ltura] Family Center's'I'een Career Pair: Upon motion the documents were received and tlled. 8. Recommended Sculptures fo�� 2Q24-25 Art on the River Rotating Pul�lic Art Exllibition: Upon motion the documents were received, �iled, and appro�ed. 9. alltogetherdubuque.com Website Produced Through the Iowa Department of Cultural Affairs Iowa Arts & Culture Marketing Gr•ant: Upon motion the documents were received and filed. 1Q. Updated Version of Creating Hausing Opportunities Brochure: Upon motion the docunlents were received and fiied. 11. 3000 Jackson D�ibL�que Brewing and Maltia�g Building Update: Mation by Spi-ank ta recei�e and file the documents. Seconded by Wethal. Assistant Housing & Community Development Director Micheal Belmont pro�ic3ed the cw�rent demolition s�hedule. City Cot«tcil Men�bers emphasized the need for the demolition to occu3-on schedule. Motion carried 6-0 with Council Member Resnick absent. 12. Bloomberg Youth C[imate Action Grant Awa��d: Upon motion the documents were received, �led, and approved. 13. Sustainable Diibuque Grant Reco�z�mendation: Motion by Jones to receive ancl file the documents and adopt Resol�ttion No. $3-2� Awarding Sustainable Dubuqt�e Grant to the Boys and Girl Cluh of Greater Dubuque; Resolution No. 84-24 Awardi��g Sustainable Dubuque Grant to lessica Paisley; Resolution No. 85-24 Awarding Sustainable Dubuque Grant to Mississippi River Revival, DBQ, Inc.; Resolution No. 8b-24 Awarding Sustainable Dubuque Ga�ant to the Oak View Grou�; Resolution No. 87-24 Awardin� Sustainabie Dubuque Grant ta ReEvolution Farms; Aesolution No. 88-24 Awaa'din� Sustainabfe Dubuque Grant to St. Mai'ks Youth Enrichmenr, and Resolution No. $9-24 Awai'ding Sustainable Dubuque Grant to Dubuqtie T3�ees Forever. Seconded by Farber. Cauncil Member Resnick virtually joined the meeting durin� Ehe vote. Motion carried 6-0 with Roussell abstained. 14. Cities Forward Initiative Charter of Cooperation with Heemosillo, Mexico: Upon snotion the documents were received, filed, and approved. 15. Approve Jeffris Foundation Grant Appiication Submission and Authorize City ManaQer to Exec�ite Grant Agreement and Contract for a Historic Structure Report for Ea�le Point Pa�'k: Upon motian the docuinents were received and tiled, and Resolutian No. 9Q-24 Authorizing the City Manager to execute an application for ]effris Foundation Jeffc�is Heartland Fund Grant and autharizing thc Leisure Services Director and the City Managee to approve the application was adopted. 1 b. Fleet Fueling System Design of Replacement Request to Release Request For P3-oposaEs: Upon motion the documents were received, fled, and approved. 17. Fleet Maintenance Operations Assessment Request to Release Request for Proposals: Upon motEon the documents were received, filed, and approved. 18. Disaster Debris Removal Services: Upon motion the documents were received, liled, and approved. 19. Iowa Land Recycling Program Environmental Covenant: Upan motion the documents were received and filed, and Resolution No. 41-24 Approving an Iowa I.and Recycling Pa•ogrant Environmental Covenant on prop�rty in the North Part of the Port of Dubuque in the Ciry of Dt�l�uqt�e, Io�va was adopted. 20. Approving a First Amendment to a Devefopment Agreement by and between the City o�Dubuque and Switch Homes, LLC: L1pon motion the docuinents were i•eceived and filed, and Resolution No. 92-24 Approving the First Amendment to Development Agreei�ent by and Between the City of Dubuque, Iowa and Switch Homes, LLC was adapted. 21. Plat of Survey of Splenciid Va[tey Estates: Upon motion the documents were received and filed, and Resalution No. 93-24 Approving the Final �lat of Splendid Va[ley �states, DubuquE County, Iowa was adopted. 22. SiRned Contract(s): Bolton & Menk, Inc. for the Central Avenuerand Wh�te Street Corridor Traffic Study; J&R Supply, Inc. for the Ring & Lids - Metal Supply. Upon nlotion tlte documents were received and tiled. 23. Iowa Department of Transportation HMA Resurfacing and PCC Patchin� Projects Notifications: Correspondence from Jesse 'I'ibodeau, Assistant District Engineer for the Iowa Depaz'tment of Transportatio�l, providing no[ification oF HMA resurfacing and PCC patching projects within the city. Upon motion the docun-�ents were received and �iled. 24. Civi! Service Can�n�ission Ce��tiiied List - Police Ofticer: Upon motion the docurrients were rec�ived, �led, and made a matter of record. 25. Approval of Retail Alcohol Licenses: Upon motion the docun�ents were received and filed, and Resolution No. 94-24 App��ovin� applications for retail alcohol licenses, as required by City of Dubuque Code of Ordinances Titie 4 $usiness and License Regulations, Chapter 2 Liquor Control, Article B Liquor, $eer and Wine Licenses and Psrmits was adopted. IT�MS SET FOR PUBLIC HEARING Motion by Roussell to receive and �le 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 Pa�oposed Developrrtent Ageeeme�it by and a�none the City of Dubuqaie, Towa, Woodwa��d Cammunications, Inc., and WHKS & CO., Inc. Providin� for the Issuance of ilrban Renewal Tax Increment Revenue Grant Obligations Purst►ant to the Development Agreement: Upon motion the documents were received and filed and Resolution No. 95-24 Fixing the date for a Public Heari��g of the City Council af the City of Dubuque, Iowa on the Proposed Develo�ment Agreement by and amang the City of Dttbuque, Iowa, Woodward CommunicaCions, Inc., and WHKS & Co., Inc., includin� khe proposed isst�ance of Urban Renewal Tax Increment Re�enue Grant 061i�ations to Woodward Communications, Inc., and providin� for the publication af notice thereof was adopted setting a public hearing for a EZZeeting to commence at 6:3U p.m. on May 6, 20Z4 in the Historic Federal $uilding. 2. Set Public Hearin� for Dispositio�z of City-�wned Lot at 627 Rllomberg Avernie: Upon nlation the docusnents were recei�ed and filed and Resolution No. 96-2� Inte��i to dispose ol'an interest is� City of Dubuque real estate to Karl Williams, setti�z� a time and place for hearing, and pro�iding for the publieation of�zotice d�ereof was atlopted setting � �ublic hearing for a n-�eeting to conlmenee at 6:30 p.m. on May G, 202� in Ehe Historic Federa] Building. PUBLIC HEARINGS 1. Request to Rezone ?529 Marywood Drive: Motion by Janes to receive and file the documents and that the requiremeut tliac a proposed ordinance be considered and voted on foc� passage at two Council meetings prior to the meeting a[which it is to be passed be suspended. Seconded by Wethal. Planning Services Director Wally Wernimont provided a stai'f report. Dakota Schillin�, 12346 Swiss Valley Rd., introdtsced �►imself as the applicant and Sheri Kubly, b79 Bluff St., introdured herself as the propertys realtor and sumn3arized the inspections that have occurred on the property. Responding to a question fi•om the Ciry Council, Mr. Wernimont stated that a conditional use permit for an accessory dwell�ng is the mare expensive option For achievin� tlie applicants goals, hence why the applicant requested the rezoning instead. Motion cai'ried 7-0. Motion by Jones for final consideration and passage of Ordinance No. $-2� Amend�ng Title ]b af the City af Dubuque Code of Ordinances, Unitied Developme�tit Code, by recfassifying hereinafter described property from A-i Single-Family Residential to R-2 Two-Family Residential. Secanded by FarbeE�. Motion carried 7-0. 2. Unified Development Cade Atnendment Removin� Off=St►'eet Parkin� Requires�lents in the 7ackson Parlc and Catltedral Historic Districts: Motion by Roi�sseil to receive and file the documents and that the requirement that a proposec� ordinance bc considered and voted on fos� passaRe at two Counci] meetings prior to the meeting at which it is to be passed be suspended. Seconded by Sprank. Planning Services Director Wally Wernimont provided a staff repa��t. I��otion carried 7-C�. Motion hy Rousell tor final consideration and passage of Ordinance No. 9-?4 Amending Title 16 of the City of Dubuque Cocfe of Ordinances, Unified Developnient Code, by Amendine Articles 16-5-3-5 (R-I}, 16-5-�-5 (R-2a), 16-5-5-5 (R-3), ]6-5-6-5 (R-4), 1b-5-7-5 (Or), 16-5-$-5 {OS}, 16-5-9-5 (OC, 16-5-10-5 (C-1), 16-5-11-2 (G2), And 16-5-13-5 (C-3} by Removing the Off-Street Parking Requirement for properties located wit�tin the 7acKson Park and Cathedral Historic Districts. Secanded by Spt•ank. Motion carried 7-U. 3. 2024 Maintenance Dredgin� Project No. 1 Pub4ic Hearing: Motion by 3ones to receive and tile the documents and adopt Resol�itioi� No. 97-24 Approval of plasls, specifications, form of contract, and estin�ated cost for the 2024 Maintenance Dredging Project No. 1. Seconded by Farbea�. Motion carried 7-0. 4. Fiscal Year 2025 Bud�et Adaption: Motion by Farber ta receive and �le the documents and adopt Resolution No. 9$-24 Adoptian of Budget and Certification of City Taxes; Resalution No. 99-24 Adoptins� the City of Dt4buque Fiscal Year 2025 Annual Budget; and Resolution No. I UQ-24 Adopting the Ciry of Dubuque Five Year Capital Iniproventent Program. Seconded by Wethal. City Clerk Breitf�elder announced that written inpu[ was sui�mitted by the following individuals: Robert Bennett, Tb3b Jackson St.; Annie Flanagan, 335 N Booth St.; Danielle Taylor, 90 Main St.; Frank Belcastro, 2$5 Nar•th Grandview Ave.; Sllirley A. Healy, 3895 Short S#.; Sandy Hockenberry, 1415 W 3rd St.; Nicf�ollas Zimmerman, 1193 Highland Place; MagDahlia Zimmerman, 1 193 Highland Place; Larry Zimnterman, 1193 Highland Place; Marilyn Gorun, 3113 Pasadena Ct, Unit 32; Sue McTaggart, 1163 Higl�land Place; Evelyn Nadeau, 663 Fenelon Place; Kalee Kerper, 1717 Kane St.;, Apt. 43; Pau! Schultz, 1040 Carmel Dr.; Briana Moss, 2520 Marywflod Dr.; Veronica McAvoy, 125 West 9th St.; Doa�othy Schwendinger, 3390 Windsor Ave.; Kimberly Stedwell, 1860 Hale St.; Heidi Ztill, 1530 Jackson St.; Jeff�rey Robbins, 629 Grove�and Place; Andrea Bixler, 485 Ar•[ington St.; and 7ohn Klostermann. City Council Membe�s expressed support far the budget and the proposed rate increase, citin� cost increases and staf�n� neecfs. Motion carried 7-0. ACTION TTEMS 1. Fisca] Year 2025 Planning Services Department Increased Fees: Motion by 7ones to receive and #ile the documents and adopt ResoEution No. 101-24 Rescinding Resolution No. 87-23, Establishing a Schedule of Development Services Fees, and adopting in lieu thereof a New Schedt�le Of Development Services Fees as pro�ided in Title 16 of the City Of Dubuque Code of Qrdinances, Unified Deve3opment Code. Seconded by WethaL Motion carried 7-U. 2. Establishing Watez• Rates uEtder City of Dubuqae Code of {Drdinances for Fiscal Ycar 2025: Motion by Jones Eo receive and tile the docEinlents and that the requiren�ent tha[a proposed ordinance be considered and voted on for passage at two Council meetin�s prior to tEte meeting at which it is to be passed be suspended. Seconded by Wethal. Motian carried 7-0. Motion by Jones for final consideration ant! passage of �rdinance No. 10-24 Esta�lishin� City of Dubuque Code of Oi-dinar�ces Title 13 P�blic Utilities, Chapter I Water Use and Service, Article C Rates, Section 13-1C-1(A} Fixing Water Rates for Residential, Carrunercial, Industrial, and all other uses; and Oi•dinance No. 11-24 Establishing the City of Dubtique Code of Ordinances '�'itle 13 Public Utilities Chapter 1 Water Use and Ser•vice, Article C Rates Section 13-1C-2 Fixing Water Rates for Fire Spr'r�tklei• Service. Seconded by We[hai. Motion carried 7-0. 3. Establishing Sanitary Sewer Rates und�r City of Dubuque Code of Ordinances for Fisca[ Year 20?5: Motion by Roussell to receive and �le the documents and that the requirement that a pi-oposEd ordinance be considered and voted an for passage at two Counci] meetings prio�� to tlie mecting 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 Qrdinance No. 12-?4 City of'Dub��que Code of Ordinances Title 13 Public Utilities, Chapter 2 Sewers and Sewage Disposal, Article C Rates, S�ctian 13-2C-3 rates established for Fiscal Year 2025. �econded by Sprank. Motion carried 7-0. 4. Establishing Solic! Waste Rates and AcEditional Proposed Revisions under Ciry of Dubuque Code of Ordinances for Fiscal Year 2Q25; Mation by Rousse7] to receive and tlle the clocuments and that the requirement that a proposed ordinance be considered and voted on for passa�e at two Council meetings pi-ior to the meeting at which it is to be passed be suspended. Seconded by Wethal. Motion carried 7-0. Motion by Roussell f'or tinal caEzsideration and passage of Qrdinance No. 13-24 An�e�7din� City of Dubuque Code of Ordinances Title ]3 Public Utilities, Chapter 6 Solid W�ste. Seconded by Wethal. Motion carried 7-0. 5. Establishin� Stormwater Manavement Utility Fee Rates unde�� City of Dubt�que Code of brdinances for Fiscal Year ?U25: Motion by Jones to receive and file the docunlents and ti�at the reqt4ire��lent that a proposed ordinance be considered and voted on for passa��e at two Counci] nleetings prior to the meeting at which it is to be passed be suspended. Seconded hy Farber. Motion carried 7-0. Motion by ]ones 1or ftna� consideration and passage of Qrdinan�e No. 14-24 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. Fi�e-Year Street Construction Program for Fiscal Years 2025-2029: Motion by Sprank to receive and file the documeiits and adopt Resolution No. 1d2-24 Adoptin� the Fi�e-Year Street Construction Program for Fiscal Years 2025 - 2029. Seconded by Wethal. Motion carried 7-0. COUNCIL MEMBER REPORTS Cou�lcil Member Wetha4 reported on the 100th anniversary of Medical Associates. Ca�incil Member Jones reported an the Firefighte�-s Association aunt�al dinner. Mr. Jones aiso reported on attending a ribbon cutting for a transitional ]iving house for men established by the Fauntain of Youth Program and Hillc�'est Family Services. Cour�cil MembeE� Farber eeported on attenaing the University of Dubuques annual board meeting anci the one-year a�vliversary of MedOne. Council Member Sprank reported on the Multicultural Family Centers Celebrate Aft�ica and the Diaspora even[. Mayor Cavanagh reported on presesitin� at aij Iowa Department or Transportation cosnm�ssion rneeting. Mayar Cavanagh also reported on two upcoming festivals ira Dubuque: the Growing Sustainable Commtmities Coraterence and the Julien Dubuque International Filn� Festiv:�l. CL05ED SESSION Motion by ]ones to con�ene in closed session at 8:37 p.m. to discuss Penc3in�? Liti�ation and Purcl�ase or Sale of Real Estate Chapter 21.5(1){c),(j) Code of jowa. Seconded by Wethal. Mayo�� Cavanag�l stated for the record that the attorney wha wil] cons�Elt with the City Council on the issues to be discussed in the closed session is City Attorney Brumwell. Motion carried 7-0. The City Cou�lcil reconvened in open session at R:48 p.m. stating that staff had been given proper direction. AD70URNMENT T11ere being no furtl�er 6usiness, Ma}�or Cavanagh declared the meeting adjouz�ned at 9:4$ p.m. /s/Adrie�me N. Breitfelder, CMC City Clerk lt 5/1