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Minutes_City Council Proceedings 09.03.24 Copyrighted September 16, 2024 City of Dubuque Consent Items # 01. City Council Meeting ITEM TITLE: Minutes and Reports Submitted SUMMARY: Airport Commission of June 6 and August 13, 2024; City Council Proceedings of August 14, 19, 20, 21, 26 and September 3, 2024; Civil Service Commission of August 22, 2024; Community Development Advisory Commission of July 17, 2024; Equity and Human Rights Commission of July 9, 2024; Library Board of Trustees of January 25, February 29, March 28, 2024; Zoning Advisory Commission of August 7, 2024; Proof of Publication for City Council Proceedings of August 14, 2024. SUGGESTED Suggested Disposition: Receive and File DISPOSITION: ATTACHMENTS: Description Type Airport Commission- June 6 2024 Supporting Documentation Airport Commission -August 13, 2024 Supporting Documentation City Council Proceedings of August 14, 2024 Supporting Documentation City Council Proceedings of August 19, 2024 Supporting Documentation City Council Proceedings of August 20, 2024 Supporting Documentation City Council Proceedings of August 21, 2024 Supporting Documentation City Council Proceedings of August 26, 2024 Supporting Documentation City Council Proceedings of September 3, 2024 Supporting Documentation Civil Service Commission Minutes Supporting Documentation Community Development Advisory Commission Minutes Supporting Documentation Equity and Human Rights Commission Minutes Supporting Documentation Library Board of Trustees Minutes- January Supporting Documentation Library Board of Trustees Minutes- February Supporting Documentation Library Board of Trustees Minutes- March Supporting Documentation Zoning Advisory Commission Minutes Supporting Documentation Proof of Publication 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 September 3, 2024, 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 SWEARING IN Mayor Cavanagh swore in Mayor Pro Tem Susan Farber. PROCLAMATION(S) 1. Nathaniel and Charlotte Morgan Peace Week (September 1 - 7, 2024) was accepted by Brian Hallstoos and Ernestine Moss on behalf of the Nathaniel Morgan Memorial Committee. 2. Days of Peace and Nonviolence (September 6 -30, 2024)was accepted by R.R.S. Stewart and Art Roche on behalf of the Dubuque International Day of Peace Coordinating Committee. 3. Hispanic Heritage Month (September 15 - October 15, 2024) was accepted by Yara Lopez and Sergio Perez on behalf of Dubuque Unidos and Loras College's LULAC. CONSENTITEMS Council Member Wethal requested Item No. 15 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 No. 15. Seconded by Wethal. Motion carried 7-0. 1. Minutes and Reports Submitted: Historic Preservation Commission of July 18, 2024; Library Board of Trustees Update of July 25, 2024; Park and Recreation Commission of July 9, 2024; Resilient Community Advisory Commission of July 11, 2024; Zoning Advisory Commission Draft Minutes of August 7, 2024; Zoning Board of Adjustment of July 25, 2024; Proof of Publication for City Council Proceedings of July 29 and August 5, 2024. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Keith Clark for vehicle damage. Upon motion the documents were received, filed, and referred to the City Attorney. 3. Disposition of Claims: City Attorney advised that the following claims have been referred to Public Entity Risk Services of lowa, the agent for the lowa Communities Assurance Pool: Keith Clark for vehicle damage; Jeff Jones for property damage. Upon motion the documents were received, filed, and concurred. 1 4. Approval of City Expenditures: Upon motion the documents were received and filed, and Resolution No. 263-24 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. Resolution Approving Fund Transfers to Golf Capital Fund in Fiscal Year 2024 — Period 13: Upon motion the documents were received and filed, and Resolution No. 264-24 Authorizing the Chief Financial Officer to make the appropriate interfund transfers of sums and record the same in the appropriate manner for the FY 2024 for the City of Dubuque, lowa was adopted. 6. Acceptance of Sanitary Sewer Improvements across Switch Development at JFK, LLC Property at the Intersection of West 32nd Street and JFK Road in Dubuque: Upon motion the documents were received and filed, and Resolution No. 265-24 Accepting Public Sanitary Sewer Improvements Across Part of Lot 1 of Switch Development @ JFK No.1, in the City of Dubuque, lowa was adopted. 7. Proceedings to Complete Action on the Issuance of $2,536,000 Sewer Revenue Bonds, Series 2024 (State Revolving Loan Fund Program) Granger Creek Sanitary Sewer Improvement Projects: Upon motion the documents were received and filed, and Resolution No. 266-24 Series Resolution authorizing and approving a Loan and Disbursement Agreement and providing for the issuance of $2,536,000 Sewer Revenue Bonds, Series 2024 and other documents related to the Series 2024 Bonds was adopted. 8. Dubuque Cellular Telephone, L.P. — Second Amendment to Lease Agreement for Equipment Upgrades and Extended Term for Cell Tower Located at 1575 West Third Street: Upon motion the documents were received and filed, and Resolution No. 267-24 Approving the Second Amendment to Lease Agreement by and between the City of Dubuque and Dubuque Cellular Telephone, L.P. for equipment upgrade and extended term was adopted. 9. Kwik Trip, Inc. Property Right of Way Plat and Dedication — for Future Roundabout Improvements at the Intersection of Airborne Road and Seippel Road: Upon motion the documents were received and filed, and Resolution No. 268-24 Approving the Acquisition Plat of Lot 1 A and Lot 1 B of Airborne Place, in the City of Dubuque, lowa was adopted. 10. Resolutions Supporting lowa State Historic Preservation Tax Credit Part 2B Applications: Upon motion the documents were received and filed, and Resolution No. 269-24 In support of lowa State Historic Preservation Tax Credit Part 2B Application submitted to the lowa Economic Development Authority by First Congregational Church for a Historic Rehabilitation Project at 1044 Locust Street; Resolution No. 270-24 In support of lowa State Historic Preservation Tax Credit Part 2B Application submitted to the lowa Economic Development Authority by St. Elias The Prophet Greek Orthodox Church for a Historic Rehabilitation Project at 419 N. Grandview Ave; and Resolution No. 271-24 In support of lowa State Historic Preservation Tax Credit Part 2B Application submitted to the lowa Economic Development Authority by St. Raphael's Convent and School and St. Raphael's Cathedral Church for a Historic Rehabilitation Project at 231 Bluff Street were adopted. 11. Letters of Designation to the lowa Economic Development Authority for Local Grayfield Tax Credit Projects: City Manager transmitted letters provided to local developers to accompany their applications to the lowa Economic Development Authority (IEDA). Upon motion the 2 documents were received and filed. 12. Resolution of Support for an Application to lowa Economic Development Authority's Challenge Grant Program for a Project at 980 Main Street: Upon motion the documents were received and filed, and Resolution No. 272-24 In support of Main Street Challenge Grant Application submitted to the lowa Economic Development Authority by Dubuque Main Street for the rehabilitation project at 980 Main Street was adopted. 13. Updated Creating Housing Opportunities Handout: Upon motion the documents were received and filed. 14. Grass and weed cutting and garbage collection assessments: Upon motion the documents were received and filed, and Resolution No. 273-24 Authorizing the City to collect delinquent grass and weed cutting and garbage collection charges in accordance with Title 6- 4-3A and Title 6-8-2 of the Code of Ordinances of the City of Dubuque, lowa was adopted. 15. Nature Everywhere Accelerator Community Letter of Support and Appointment of City Representative to Leadership Team: Motion by Wethal to receive and file the documents and approve the City's active participation in the Nature Everywhere Accelerator Community and approve appointing Leisure Services Director Marie Ware to the Nature Everywhere Community team. Seconded by Sprank. The City Council praised the collaboration between the city and its partners on this initiative, noting that it could potentially secure funding for outdoor activities. Motion carried 7-0. 16. Signed Contract(s): Subaward Agreement with the Dubuque County Board of Health for the Childhood Lead Poisoning Prevention Program. Upon motion the documents were received and filed. 17. Retail Alcohol License Refund - Gold Standard Athletics: Request from Gold Standard Athletics for a refund of the Liquor License No. BW0097344 located at 555 John F. Kennedy Rd. Suite 415 due to business closing. Upon motion the documents were received, filed, and approved. 18. USEPA Brownfields Multipurpose Grant - E 24th Street Site Contaminated Soil Removal Project (Comiskey Park Property) - Request to Award Project to Qualified Bidder: Upon motion the documents were received and filed, and Resolution No. 274-24 Awarding Public Improvement Construction Contract and authorizing payment for the USEPA Brownfields Multipurpose Grant E. 24th Street Site Contaminated Soil Removal Project 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 Sprank. Motion carried 7-0. 1. Water Treatment Plant SCADA System Upgrade Project - Project Initiate and Set the Public Hearing: Upon motion the documents were received and filed and Resolution No. 275- 24 Water Treatment Plant SCADA System Upgrade Project: preliminary approval of plans, specifications, form of contract, and estimated cost; setting the date of the public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 3 16, 2024 in the Historic Federal Building. 2. Setting a Public Hearing for the Vacating of a portion of a Storm Water Detention Basin Access Easement across a Part of Lot 2 of Cedar Ridge Farm Place # 10, in the City of Dubuque, lowa, common address 3100 Cedar Crest Ridge: Upon motion the documents were received and filed and Resolution No. 276-24 Intent to vacate and dispose of city interest in a portion of a Storm Water Detention Basin Access Easement Through, Over, And Across Part Of Lot 2 Of Cedar Ridge Farm Place # 10, in the City of Dubuque, lowa was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 16, 2024 in the Historic Federal Building. BOARDS/COMMISSIONS Appointments were made to the following boards/commissions. 1. Board of Library Trustees: One, 4-Year term through July 1, 2028 (Vacant term of Armstrong). Applicants: Tom Brennan, 3275 Cider Rdg.; Diann Guns, 1715 Diane Ct.; Nicole O'Brien, 2691 Ravens Oaks Dr. Upon roll call vote, Guns was appointed to the term, receiving all 7 votes. 2. Historic Preservation Commission: Two, 3-Year terms through July 1, 2027 (Vacant At- Large terms of Cassill and Doyle). Applicants: Bill Doyle, 1591 White St.; Cole Hansen, 408 Burch St.; Heidi Pettitt, 3116 Central Ave. Upon roll call vote, Doyle and Pettitt were appointed to the terms, respectively receiving all 7 votes. 3. Housing Commission: Two, 3-Year terms through August 17, 2027 (Expiring terms of Janes and Kehoe). Applicants: Ross Janes, 2741 Muscatine St.; Renee Kehoe, 1209 Lincoln Ave. Motion by Roussell to appoint Janes and Kehoe to the terms. Seconded by Farber. Motion carried 7-0. 4. Housing Trust Fund Advisory Committee: Two, 3-Year terms through August 17, 2027 (Expiring terms of Becwar and Holz). Applicants: Michelle Becwar, 2115 Coates St.; Jim Holz, 3010 Indiana Ct. Motion by Jones to appoint Becwar and Holz to the terms. Seconded by Farber. Motion carried 7-0. 5. Long Range Planning Advisory Commission: One, 3-Year term through July 1, 2027 (Expired term of McGrath). Applicant: Beth McGrath, 2385 Clarke Crest Dr. Motion by Wethal to appoint McGrath to the term. Seconded by Roussell. Motion carried 7-0. PUBLIC HEARINGS 1. Resolution Approving the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal Area, Version 2024.1: Motion by Roussell to receive and file the documents and adopt Resolution No. 277-24 Approving the Amended and Restated Urban Renewal Plan for the Greater powntown Urban Renewal District, Version 2024.1 . Seconded by Wethal. Motion carried 7-0. 2. Resolution Approving an Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal Area, Version 2024.2: Motion by Resnick to receive and file the documents and adopt Resolution No. 278-24 Approving the Amended and Restated Urban 4 Renewal Plan for the Greater powntown Urban Renewal District, Version 2024.2. Seconded by Wethal. Motion carried 7-0. 3. Approving a First Amendment to Development Agreement by and between the City of Dubuque, lowa and CARich Properties, LLC to Redevelop Property at 1706 Central Avenue: Motion by Resnick to receive and file the documents and adopt Resolution No. 279-24 Approving a First Amendment to Development Agreement by and between the City of Dubuque, lowa and CARich Properties, LLC, including the proposed issuance of urban renewal tax increment revenue obligations relating thereto. Seconded by Jones. Motion carried 7-0. 4. Keymont Drive Pavement Rehabilitation Project Public Hearing: Motion by Farber to receive and file the documents and adopt Resolution No. 280-24 Approval of plans, specifications, form of contract, and estimated cost for the Keymont Drive Pavement Rehabilitation Project. Seconded by Jones. Martha Lovett, 3452 Keymont Dr., spoke in support of the project. City Clerk Breitfelder stated that Ms. Lovett also submitted written input. In response to City Council questions, City Manager Van Milligen explained that a private developer had installed the permeable pavers with poor workmanship. Assistant City Engineer Bob Schisel stated that permeable pavement allows water to infiltrate the ground, therefore, switching to more economical asphalt would increase runoff. Civil Engineer II Jon Dienst confirmed that all the pavers will be replaced. City Council Members thanked the Keymont Dr. residents for their persistent follow-up on concerns, noting that the situation highlights why permeable pavement is not consistently used on public streets. Motion carried 7-0. PUBLIC INPUT Jenna Hirtz, Executive Director of the Dubuque Arboretum and Botanical Gardens, spoke on Action Item No. 9, expressing concerns about allowing pets on their grounds. City Clerk Breitfelder announced that written input was received on Action Item No. 9 from the following individuals: Lorna Costello; Jessica Riedl, 2215 Green St.; Kathy and Jeff Roberts, Wheatland Dr.; Arthur Gilloon, 535 Heritage Dr. ACTION ITEMS 1. Proposed Property Maintenance Code Amendments modifying requirements for battery operated smoke alarms and an amendment to require GFCI protection for receptacles that are closer than six feet from a water source: 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. In response to questions, Assistant Housing and Community Development Director Michael Belmont discussed the lifespan of smoke alarms and mentioned that staff have notified suppliers about the upcoming change. Mr. Belmont clarified that the requirement for sealed, tamper-resistant 10-year battery powered smoke alarms applies only to properties that do not have hardwired smoke alarms. He also noted that the proposed change has been shared with the Dubuque Area Landlords Association and that staff will collaborate with the Public Information Office to inform the public. City Attorney Brumwell stated that lowa Code §10A.518 prohibits tampering with smoke alarms. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 49-24 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article J Property Maintenance Code, Section 14-1J- 2 International Property Maintenance Code Amendments. Seconded by Farber. Motion carried 7-0. 5 2. Proposed International Fire Code Amendments modifying requirements for battery operated smoke alarms: 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. 50-24 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article F Fire Code and Regulations, Section 14-1 E-2 International Fire Code Amendments. Seconded by Sprank. Motion carried 7-0. 3. Proposed International Residential Code Amendments modifying requirements for battery operated smoke alarms: 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. In response to a question, Mr. Belmont stated that this amendment applies to new construction. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 51-24 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article B Residential Code, Section 14-1 B-2 International Residential Code Amendments. Seconded by Wethal. Motion carried 7-0. 4. Parking Access and Revenue Control System (PARCS) equipment purchase: Motion by Jones to receive and file the documents and approve replacing the current Parking Access and Revenue Control System (PARCS) equipment in the city's six parking ramps that is past its useful life through vendor Amano McGann who was selected and recommended in the City's formal RFP process. Seconded by Wethal. In response to City Council questions, Transportation Services Director Ryan Knuckey noted a six-month lead time for parking equipment, which was previously discussed in a work session and identified as an urgent need. The new equipment will include gates and license plate readers (LPR) to automatically grant access to registered permit holders. Once the construction schedule is finalized, staff will confirm the communication plan. Motion carried 7-0. 5. Tax Increment Ordinance for the Greater powntown Urban Renewal District, Version 2024.1 of the Amended and Restated Plan: 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. 52-24 Amending Ordinance No. 8-22, as amended, providing that general property taxes levied and collected each year on all property located within the Greater powntown Urban Renewal District of the City of Dubuque, County of Dubuque, State of lowa, by and for the benefit of the State of lowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with the Amended and Restated Urban Renewal Plan for the Greater powntown Urban Renewal District, by adding the Roosevelt Street Subarea to the division of revenues. Seconded by Wethal. Motion carried 7-0. 6. Tax Increment Ordinance for the Greater powntown Urban Renewal District, Version 6 2024.2 of the Amended and Restated Plan: 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. 53-24 Amending Ordinance No. 52-24, as amended, providing that general property taxes levied and collected each year on all property located within the Greater powntown Urban Renewal District of the City of Dubuque, County of Dubuque, State of lowa, by and for the benefit of the State of lowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with The Amended and Restated Urban Renewal Plan for the Greater powntown Urban Renewal District, by adding the Roosevelt Street Subarea to the division of revenues. Seconded by Farber. Motion carried 7-0. 7. Old Mill Road Lift Station and Force Main Project - Phase I Award Construction Contract: Motion by Resnick to receive and file the documents and adopt Resolution No. 281-24 Awarding Public Improvement Contract for the Old Mill Lift Station and Force Main Project — Phase I. Seconded by Sprank. Motion carried 7-0. 8. Well No. 7 Rehabilitation Project 2024 - Phase 2 Award Construction Contract: Motion by Jones to receive and file the documents and adopt Resolution No. 282-24 Awarding Public Improvement Construction Contract for the Well No. 7 Rehabilitation Project 2024 — Phase 2. Seconded by Wethal. Motion carried 7-0. 9. City Council Request Regarding Dogs in Parks: Motion by Jones to receive and file the documents and refer to City Council for discussion on a process related to the City Council request to consider allowing dogs in the remainder of the parks that currently do not allow it. Seconded by Farber. The City Council emphasized that this is the beginning of the discussion and will focus only on Murphy Park and Eagle Point Park. Council Members considered both the pros and cons of allowing pets in parks and expressed interest in a recommendation from the Parks and Recreation Commission. The Council also encouraged continued public feedback. Motion carried 7-0. 10. Welcome Back from the SRO Bunch Video: Motion by Jones to receive and file the documents and view the video. Seconded by Resnick. Public Information Office staff showed a back-to-school video featuring this year's School Resource Officers. The video can be viewed at https://youtu.be/YuAwGjnrGVk?si=9xrFyC FBWKXjOtD. Motion carried 7-0. COUNCIL MEMBER REPORTS Mayor Cavanagh reported that the City Council recently completed its annual goal-setting session and announced the return of daily commercial air service to Dubuque through Denver Air Connection. Council Member Jones reported on the Branching Out Dubuque tree planting event, the Dubuque Racing Association (DRA) grant recipient reception, the Labor Day Parade, and a video of lowa State Troopers at the lowa State Fair. Council Members Roussell and Wethal both reported on the Branching Out Dubuque tree planting event. Council Member Farber reported on her participation in the National League of Cities 7 Information Technology (IT) Committee. CLOSED SESSION Motion by Jones to convene in closed session at 8:27 p.m. to discuss Confidential Records, Pending Litigation, Professional Evaluation(s), and Purchase or Sale of Real Estate — Chapter 21.5(1)(a),(c),(i),(j) Code of lowa. Seconded by Resnick. Mayor Cavanagh stated for the record that the attorneys who will consult with City Council on the issues to be discussed in the closed session are City Attorney Brumwell and Senior Counsel Barry Lindahl. Motion carried 7-0. The City Council reconvened in open session at 10:11 p.m. stating that staff had been given proper direction. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 10:11 p.m. /s/Adrienne N. BreitFelder, CMC City Clerk 8