Loading...
1 3 24 City Council Proceedings Official RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on January 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 1. Swearing-In of Council Members-Elect and Mayor Pro Tem: Mayor Cavanagh swore-in Council Members-Elect David T. Resnick, Laura J. Roussell, Katy A. Wethal; and Mayor Pro Tem Ric W. Jones. PROCLAMATION(S) 1. Human Slavery and Human Trafficking Prevention Month (January 2024) was ac- cepted by Marilou Irons on behalf of the Tri-State Coalition Against Human Trafficking. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Farber. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of December 18, 2023; Civil Service Commission of December 13, 2023; Library Board of Trustees Update of November 16, 2023; Zoning Board of Adjustment of December 14, 2023. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Chris Berntgen 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 Iowa, the agent for the Iowa Communities As- surance Pool: Ryan Berger for vehicle damage; Chris Berntgen for vehicle damage; Shelly Francois for vehicle damage and personal inju ry. 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. 1-24 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. RESOLUTION NO. 1-24 AUTHORIZING THE CHIEF FINANCIAL OFFICER / CITY TREASURER TO MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAY- MENT IN ACCORDANCE WITH CITY PROCEDURES Whereas, Section 1-7-7(E) of the Municipal Code of the City of Dubuque provides that the Finance Director-City Treasurer shall keep an accurate account of all disbursements, money, or property, specifying date, to whom, and from what fund paid; and Whereas, the invoices, presented by those firms and persons providing such goods and services have been pre-audited by Finance Department personnel in accordance with generally accepted internal control procedures and have been determined to have been requisitioned for a lawful municipal purpose; and Whereas, the Chief Financial Officer-City Treasurer has provided a list of Expenditures attached hereto, and by this reference made a part hereof, to be drawn to pay for goods and services provided for City purposes; and Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142 - 18 adopted May 7, 2018, authorized the Chief Financial Officer -City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to Cit y Council approval and such list is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Chief Financial Officer-City Treasurer is hereby authorized to issue payment for goods and services provided for City purposes in response to the purchase orders and contracts issued in compliance with state and municipal code requirements as requested by designated requisitioning authorities in accordance with approved budget appropriations. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Chief Financial Officer are hereby authorized and directed to provide the statement of receipts and disbursements to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 3rd day of January, 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Purchase Agreement with Dubuque Community School District as part of the Al- thauser Street Watermain and Sanitary Sewer Reconstruction Project : Upon motion the documents were received and filed, and Resolution No. 2 -24 Approving a Purchase Agreement between the City of Dubuque, Iowa and Dubuque Community School District for Purchase of Rights of Way and an Easement along Althauser Street and Eagle Street as part of the Althauser Street Watermain and Sanitary Sewer Recons truction Project was adopted. RESOLUTION NO. 2-24 APPROVING A PURCHASE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND DUBUQUE COMMUNITY SCHOOL DISTRICT FOR PURCHASE OF RIGHTS OF WAY AND AN EASEMENT ALONG ALTHAUSER STREET AND EAGLE STREET AS PART OF THE ALTHAUSER STREET WATERMAIN AND SANITARY SEWER RECONSTRUCTION PROJECT Whereas, as part of the Althauser Street Watermain and Sanitary Sewer Reconstruc- tion Project, certain rights of way and easement acquisitions are necessary for the future ownership and maintenance of the existing and proposed public utilities along Althauser Street and Eagle Street; and Whereas, certain areas of existing public sidewalk and associated curb ramps in the project area are located within property owned by Dubuque Community School District along Althauser Street and Eagle Street and by City standards should be located within a public street right of way; and Whereas, the City of Dubuque (City) and the Dubuque Community School District (DCSD) have agreed that the right of way and easement acquisitions are necessary for the construction project, long-term maintenance of the public utilities, and to ensure that the public sidewalks are located within public street rights of way; and Whereas, the City has negotiated a Purchase Agreement, subject to City Council ap- proval, with DCSD for the right of way and easement acquisitions associated with the project; and Whereas, the City Council finds that it is in the best interest of the City of Dubuque to approve the Purchase Agreement attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Purchase Agreement between City and DCSD attached hereto is hereby approved. Passed, Approved, and Adopted this 3rd day of January 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Follow Up on TIF Issue Related to Gardens of Dubuque Project : City Manager rec- ommended City Council approval to allocate $34,595.38 from the City’s Fiscal Year 2023 General Fund savings to cover the Gardens of Dubuque Project TIF payments for No- vember 2023 and May 2024. Upon motion the documents were received, filed, and ap- proved. 7. Approval of Termination Agreement of Iowa Economic Development Authority Mas- ter Contract P0806M01734 / Funding Agreement 08-EZ-036 with Morrison Brothers Com- pany: Upon motion the documents were received, filed, and approved. 8. Signed Contract(s): Statement of Work, Service Level Agreement, and Master Ser- vices Agreement Amendment with Milestone Systems. Upon motion the documents were received and filed. 9. Old Highway Road Water Main Connection Loop 2023 Project Acceptance and Resolution: Upon motion the documents were received and filed, and Resolution No. 3 - 24 Accepting Public Improvement Contract for the Old Highway Road Water Main Con- nection Loop Project 2023 was adopted. RESOLUTION NO. 3-24 ACCEPTING PUBLIC IMPROVEMENT CONTRACT FOR THE OLD HIGHWAY ROAD WATER MAIN CONNECTION LOOP PROJECT 2023 Whereas, the public improvement contract for the Old Highway Road Water Main Con- nection Loop Project 2023 (the Project) has been completed by the Contractor, Top Grade Excavating of Farley, Iowa, (Contractor), the Water Department Director has ex- amined the work and recommends that the Project be accepted; and Whereas, the final contract amount is $673,871.31 of which retainage in the amount $33,693.57 shall be held for 30 days after acceptance and approval, and paid at that time provided no claims from others are filed; and Whereas, the City Council finds that the recommendation of the Water Department Manager should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the Water Department Director is approved, and the Project is hereby accepted. Section 2. The Chief Financial Officer is hereby directed to pay to the Contractor the balance of the final payment of $33,693.57 as provided in Iowa Code chapter 573.13. Passed, adopted, and approved this 3rd day of January, 2024. Brad Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 10. January/February 2024 Issue of City News Newsletter: Upon motion the docu- ments were received and filed. 11. Parks and Recreation Advisory Commission Recommendation for Naming English Ridge and Westbrook Estates Subdivision Parks: Park and Recreation Commission rec- ommended the name of English Ridge Park for English Ridge subdivision park and West- brook Park for the Westbrook Estates subdivision park. Upon motion the documents were received, filed, and approved. 12. Fiscal Year 2024 28E Agreement with Iowa Alcoholic Beverages Division (I - PLEDGE): Upon motion the documents were received, filed, and approved. 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. Proceedings to Set Public Hearing on the Issuance of Not to Exceed $3,200,000, State Revolving Fund Sewer Revenue Loan: Upon motion the documents were received and filed and Resolution No. 4-24 To fix a date for a public hearing on proposal to enter into a Sewer Revenue Loan and Disbursement Agreement and to borrow money thereunder in a principal amount not to exceed $3,200,000 was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on January 16, 2024 in the Historic Federal Building. RESOLUTION NO. 4-24 RESOLUTION TO FIX A DATE FOR A PUBLIC HEARING ON PROPOSAL TO ENTER INTO A SEWER REVENUE LOAN AND DISBURSEMENT AGREEMENT AND TO BORROW MONEY THEREUNDER IN A PRINCIPAL AMOUNT NOT TO EXCEED $3,200,000 Whereas, the City of Dubuque (the “City”), in Dubuque County, State of Iowa, did here- tofore establish a Municipal Sanitary Sewer System (the “Utility”) in and for the City which has continuously supplied sanitary sewer service in and to the City and its inhabitan ts since its establishment; and Whereas, the management and control of the Utility are vested in the City Council (the “Council”) and no board of trustees exists for this purpose; and Whereas, pursuant to prior resolutions of the Council, the City has heretofore issued sewer revenue bonds or notes as set forth on attached outstanding debt certificate, and a portion of such prior sewer revenue debt remains outstanding (the “Outstanding Indebt- edness”); and Whereas, pursuant to the resolutions relating to and authorizing the Outstanding In- debtedness (the “Outstanding Bond Resolutions”) the City reserved the right to issue ad- ditional obligations payable from the net revenues of the Utility and ranking on a parity with the Outstanding Indebtedness under the terms and conditions set forth in the Out- standing Bond Resolutions; and Whereas, the City now proposes to enter into a Sewer Revenue Loan and Disburse- ment Agreement (the “Agreement”) and to borrow money thereunder in a principal amount not to exceed $3,200,000, pursuant to the provisions of Section 384.24A of the Code of Iowa, for the purpose of paying the cost, to that extent, of planning, designing and constructing improvements and extensions to the Utility (the “Project”), and it is nec- essary to fix a date of meeting of the Council at which it is proposed to take action to enter into the Agreement and to give notice thereof as required by such law; NOW, THEREFORE, Be It Resolved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. This City Council shall meet on January 16, 2024, at 6:30 p.m., at the His- toric Federal Building, 350 W. 6th St, Second Floor Council Chambers, at which time and place a hearing will be held and proceedings will be instituted and action taken to enter into the Agreement. Section 2. The City Clerk is hereby directed to give notice of the proposed action on the Agreement setting forth the amount and purpose thereof, the time when and place where the said meeting will be held, by publication at least once, not less than four (4) and not more than twenty (20) days before the meeting, in a legal newspaper which has a general circulation in the City. The notice shall be in substantially the [provided] form: Section 3. Pursuant to Section 1.150-2 of the Income Tax Regulations (the “Regula- tions”) of the Internal Revenue Service, the City declares (a) that it intends to undertake the Project which is reasonably estimated to cost approximately $3,200,000, (b) that other than (i) expenditures to be paid or reimbursed from sources other than the issuance of bonds, notes or other obligations (the “Bonds”), or (ii) expenditures made not earlier than 60 days prior to the date of this Resolution or a previous intent resolution of the City, or (iii) expenditures amounting to the lesser of $100,000 or 5% of the proceeds of the Bonds, or (iv) expenditures constituting preliminary expenditures as defined in Section 1.150 - 2(f)(2) of the Regulations, no expenditures for the Project have heretofore been made by the City and no expenditures will be made by the City until after the date of this Resolution or a prior intent resolution of the City, and (c) that the City reasonably expects to reim- burse the expenditures made for costs of the City out of the proceeds of the Bonds. This declaration is a declaration of official intent adopted pursuant to Section 1.150-2 of the Regulations. Section 4. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 5. This resolution shall be in full force and effect immediately upon its adoption and approval, as provided by law. Passed and approved January 3, 2024. Brad Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk BOARDS/COMMISSIONS Applications were reviewed for the following Boards and Commissions. Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. 1. Building Code Advisory and Appeals Board: Four, 3-Year Terms through January 1, 2027 (Expiring Terms of Brown for Alternate Electrical Construction Professional, Town- send for Electrical Construction Professional, Valaskey for HVAC Construction Profes- sional, Wilderding for Multidisciplinary Representative, McNamer for Plumbing Construc- tion Professional). Applicants: Adam Brown, 686 S. Grandview Ave. (Qualifies for Elec- trical Construction Professional and Alternate Electrical Construction Professional); Phil- lip Heim, 911 Tressa St. (Qualifications to be confirmed by the 1/16 City Council meeting); Thomas Townsend, 1940 Amelia Dr. (Qualifies for Electrical Construction Professional and Alternate Electrical Construction Professional); Corey Valaskey, 1385 Alta Vista St. (Qualifies for HVAC Construction Professional and Alternate HVAC Construction Profes- sional). Mr. Brown virtually spoke in support of his application and provided a brief biog- raphy. 2. Equity and Human Rights Commission: One, 3-Year Term through January 1, 2027 (Expiring Term of Sampson Brown). Applicants: Rick Baumhover, 601 Garfield Ave.; Da- vid Heiar, 805 Carriage Hill Dr.; Theresa Sampson Brown, 2285 Clydesdale Ct. This com- mission is subject to the State of Iowa Gender Balance Law §69.16A. 9 Commissioners total; currently 4 males/2 females/3 openings. City Clerk Breitfelder provided background information on Iowa Code §69.16A and how those requirements resulted in two openings on the commission being advertised for 90 days while nonmale identifying applicants were sought. 3. Housing Appeals and Mediation Board: Four, 3-Year Terms through January 1, 2027 (Expiring Terms of Gotz, Hoffmann, Spence, and Sutton). Applicants: Mary Gotz, 1844 Bennett St.; Wendy Hopp, 2193 Southway Dr.; Luke Hoffmann, 991 June Dr.; Lynn Sut- ton, 445 Nevada St. Ms. Sutton spoke in support of her application and provided a brief biography. PUBLIC INPUT Catherine Sorenson, 2613 Jackson St., virtually spoke about concerns with area prop- erty management companies not abiding by eviction timeframe requirements. ACTION ITEMS 1. 3000 Jackson Dubuque Brewing and Malting Project Update : Motion by Sprank to receive and file the documents and listen to the presentation. Seconded by Resnick. As- sistant Housing and Community Development Director Michael Belmont provided a status update on the Dubuque Brewing and Malting project at 3000 Jacks on Street. Responding to questions from the City Council, Mr. Belmont stated that the area proposed for demo- lition is considered the area of greatest concern and that the city would promptly reopen the surrounding streets after demolition took place. City Manager Van Milligen stated that the developer, Steve Emerson, sent an email proposing the city invest $500,000 in the demolition of the structure. City Manager Van Milligen stated that he told Mr. Emerson that he could attend the City Council meeting to make that proposal directly to the City Council, and further stated that he would not recommend that proposal. City Council Members stated that since Mr. Emerson was not in attendance, they did not want to dis- cuss the proposal until it was formally requested from them. Mr. Belmont emphasized that the city has not received a demolition application yet. City Council Members requested an update at the next City Council meeting. Motion carried 7-0. 2. City Council Appointments to Boards and Committees: Motion by Roussell to receive and file the documents and refer to the City Council. Seconded by Farber. Responding to a question from the City Council, City Clerk Breitfelder stated that the Convention and Visitors Bureau – Travel Dubuque – Advisory Board has been renamed to the Outreach Committee and that the committee plans to meet quarterly. After discussion, the City Council determined to replace Council Member Farber’s term on Greater Dubuque De- velopment Corporation’s Board of Directors with Council Member Sprank, and to replace Council Member Sprank’s term on the Convention and Visitors Bureau – Travel Dubuque – Outreach Committee with Council Member Wethal. Motion by Jones to make appoint- ments as discussed. Seconded by Farber. Point of order by Cavanagh on whether the council must amend and vote on the current motion, which was confirmed by City Attorney Brumwell. Motion withdrawn by Jones. Motion amended by Roussell to receive and file the documents and make appointments as discussed. Seconded by Farber. Motion car- ried 7-0. 3. City Lease of Property from Dubuque Childcare Collaborative, LLC: Motion by Jones to receive and file the documents and adopt Resolution No. 5 -24 Approving a Lease between the City of Dubuque and Dubuque Childcare Collaborative, LLC. Seconded by Resnick. Chief Information Officer Chris Kohlmann and Greater Dubuque Development Corporation’s Strategic Initiative Consultant Dave Lyons made a presentation and re- sponded to a question from the City Council regarding potential revenues from co-location with other entities. City Council Members referenced the 911 Emergency Communica- tions Center also moving to the same building and expressed enthusiasm for the city’s future use of the property. Motion carried 7-0. RESOLUTION NO. 5 - 24 APPROVING A LEASE BETWEEN THE CITY OF DUBUQUE AND DUBUQUE CHILD- CARE COLLABORATIVE, LLC Whereas, Dubuque Childcare Collaborative, LLC (DCC), a wholly owed subsidiary of Dubuque Initiatives, is the owner of the Property at 7900 Chavenelle Road, in the City of Dubuque, Iowa; and Whereas, the building on the property is a multiunit condominium project known as the Learning Campus Condominiums (the Project); and Whereas, the City of Dubuque has entered into a proposed Lease of Unit 4 of the Project to be occupied by City’s IT Department, Traffic Department and Shared Data Center; and Whereas, the Lease is for a Term of five years with an option to purchase Unit 4 at the end of the Term; and Whereas, the City Council finds that it is in the best interests of the City of Dubuque to approve the Lease. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The Lease is hereby approved. Section 2. The Mayor is hereby authorized and directed to sign the Lease on behalf of the City of Dubuque. Section 3. The City Manager is hereby authorized and directed to take such actions as may be necessary to carry out the terms of the lease. Passed, approved, and adopted this 3rd day of January, 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Request for Proposals: Automated Speed Enforcement: Motion by Jones to receive and file the documents and approve releasing the attached request for proposal (RFP) which outlines the services the City will require from a vendor to accommodate and facil- itate the new City of Dubuque Ordinance for Automated Speed Enforcement. Seconded by Sprank. Responding to questions from the City Council, Police Chief Jeremy Jensen stated that the automated speed enforcement policy will come before the City Council at a later date and that the previously adopted automated speed enforcement ordinance will be included with the RFP. Responding to a question from the City Council, City Manager Van Milligen clarified that the request before the City Council is to vote on the issuance of the RFP. City Manager Van Milligen stated that city staff have noticed certain wording changes, none of which are substantive, that will be made before the RFP is issued. City Council Members identified the following wording errors in the RFP that should be replaced: Pg. 3: District Court of Marshall County; Pg. 5: City of Marshalltown; Pg. 7: Rall; Pg. 13: City of Marshalltown; Pg. 14: Marshall County District Court. Responding to a question from the City Council, City Attorney Brumwell stated that multiple contracts were reviewed to compile the most robust and up to date information in the RFP. City Council Members discussed the possibility of the identified vendor funding a marketing campaign for the city’s automated speed enforcement and how that could potentially increase the vendor’s cost. City Council Members concluded that the motion should include the sug- gested changes to the RFP. Motion amended by Jones to receive and file the documents and approve releasing the RFP with the changes discussed. Seconded by Sprank. Motion carried 6-1 with Resnick voting nay. COUNCIL MEMBER REPORTS Mayor Cavanagh wished everyone a happy new year. Council Member Resnick expressed his appreciation for including the families of coun- cil member-elects in their swearing-in ceremonies. Council Member Jones reported on recently flying to Orlando, Florida from the Dubu- que Regional Airport via Avelo Airlines. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 8:12 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk