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3 18 24 City Council Proceedings Official Special and RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:45 p.m. on March 18, 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 stated for the record that City Clerk Breitfelder was excused from the meeting and that Assistant City Manager Cori Burbach would serve as Acting City Clerk. Mayor Cavanagh read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on the Secondary Responder Model. WORK SESSION Secondary Responder Model Chief of Police Jeremy Jensen, Captain Steve Radloff, and Lieutenant Mike McTague presented information regarding the Secondary Responder Model. Responding to a ques- tion from the City Council, Chief Jensen stated that increased awareness of brain health has resulted in higher volumes of brain health calls for service. Chief Jensen further stated that the model would experience additional success if providers could be co-located. City Council Members expressed appreciation for the model and its communitywide impact. There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:31 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:3 3 p.m. on March 18, 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 stated for the record that City Clerk Breitfelder was excused from the meeting and that Assistant City Manager Cori Burbach would serve as Acting City Clerk. 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 PROCLAMATION(S) 1. AmeriCorps Week (March 10 - 16, 2024) was accepted by AmeriCorps Assistant Sarah Berna, Community Impact Administrative Assistant Anne Marie Greenwood, and Green Iowa AmeriCorps Climate Action Activator Jessica Anderschau on behalf of the City of Dubuque AmeriCorps Program and Green Iowa AmeriCorps within the Office of Sustainability. 2. Honey Bee Day (March 27, 2024) was accepted by H.R. Cook on behalf of the Iowa Honey Producers Association and Swiss Valley Bee Club. 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: Cable TV Commission of January 24, 2024; City Council Proceedings of March 4 and March 7, 2024; Five Flags Civic Center Advisory Commission of December 5, 2023; Library Board of Trustees Update of February 22, 2024; Proof of Publication for City Council Proceedings of February 12 and February 19, 2024. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Latoya Eubanks for property damage; Ronald Lindblom and Catherine Dunning for property damage; Azariah Martin for vehicle damage; Kirtland Thayer 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: Latoya Eubanks for property damage; Ronald Lindblom and Catherine Dunning for property damage. Upon motion the documents were received, filed, and con- curred. 4. Approval of City Expenditures: Upon motion the documents were received and filed, and Resolution No. 56-24 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. 56-24 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 18th day of March 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Civil Service Commission's Certified List - Police Officer: Upon motion the docu- ments were received, filed, and made a matter of record. March 7, 2024 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Police Officer was administered on February 24, 2024. We, The Civil Service Commis- sion, hereby certify that the individuals listed in the attached spreadsheet have passed the written examination or are using a valid transfer score and any vacancies for the po- sition of Police Officer should be filled from this list and that this list is good through March 12, 2025. Police Officer 1. Daniel Brimmer – Transfer Score, 2. David DeMarais, 3. Joseph Kimball, 4. Camerin McClain, 5. John Michel – Transfer Score, 6. Melissa Seaman – Transfer Score, 7. Jaycob Thompson – Transfer Score Respectfully Submitted, Civil Service Commissioner 6. Letters of Support for HOME ARP Funds: City Manager recommended approval to provide a letter of support to developers of projects at 1301 Central Avenue and 1739 - 1763 Central Avenue for submission with their application for HOME ARP funds. Upon motion the documents were received, filed, and approved. 7. 2024 – Q1 Update on Childcare Challenges and Collaborations: Upon motion the documents were received and filed. 8. Brewing and Malting Project Update - 3000 Jackson Dubuque: Upon motion the documents were received and filed. 9. Water & Resource Recovery Center Odor Abatement Efforts Update: Upon motion the documents were received and filed. 10. First Amendment to Development Agreement by and between the City of Dubuque, Iowa, and Farley & Loetscher, LLC: Upon motion the documents were received and filed, and Resolution No. 57-24 Approving a First Amendment to Development Agreement by and Between the City of Dubuque, Iowa, and Farley & Loetscher, LLC was adopted. RESOLUTION NO. 57-24 APPROVING A FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BE- TWEEN THE CITY OF DUBUQUE, IOWA, AND FARLEY & LOETSCHER, LLC Whereas, the City of Dubuque, Iowa (City) and Farley & Loetscher, LLC (Developer) entered into a Development Agreement dated for reference purposes September 5, 2023, for the redevelopment of 801 Jackson Street in the City of Dubuque, Iowa (the Property); and Whereas, City and Developer desire to amend the Development Agreement as set forth in the attached First Amendment to Development Agreement; and Whereas, it is the determination of the City Council that approval of the First Amend- ment to Development Agreement is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the First Amendment to Development Agreement by and between the City of Dubuque, Iowa, and Farley & Loetscher, LLC is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the First Amendment to Development Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the First Amendment to Development Agreement as herein approved. Passed, approved and adopted this 18th day of March 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 11. Right of Way Platting – Merge (The Stacks) Project in the Port of Dubuque: Upon motion the documents were received and filed, and Resolution No. 58 -24 Approving the Acquisition Plat of Lot 1A of Adams company’s 5th Addition, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 58-24 APPROVING THE ACQUISITION PLAT OF LOT 1A OF ADAMS COMPANY’S 5TH ADDITION, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated March 6, 2024 prepared by the City of Dubuque Engineering Depart- ment describing Lot 1A of Adams Company’s 5th Addition, in the City of Dubuque, Iowa; and Whereas, said plat conforms to the laws and statues pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated March 3, 2024, prepared by the City of Dubuque Engineering Department, relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby author- ized and directed to execute said plat on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder, in and for Dubu- que County, Iowa. Passed, approved, and adopted this 18th day of March 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 12. Plat of Survey of Pechous Place, locally known as 410 and 414 Raymond Place: Upon motion the documents were received and filed, and Resolution No. 59-24 Approving the Simple Subdivision Plat of Pechous Place, Dubuque, Iowa was adopted. RESOLUTION NO. 59 - 24 APPROVING THE SIMPLE SUBDIVISION PLAT OF PECHOUS PLACE, DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Simple Subdivision Plat of Pechous Place, Dubuque, Iowa; and Whereas, said Simple Subdivision Plat has been examined by the Zoning Advisory Commission and its approval has been endorsed thereon; and Whereas, said Simple Subdivision Plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is waived to allow 37 feet of frontage for Lot 1 on a public street or an approved private street. Section 2. That the Simple Subdivision Pechous Place, Dubuque, Iowa is hereby ap- proved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Plat of Survey. Passed, approved and adopted this 18th day of March 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 13. Temporary Agreement Between the City of Dubuque and ITC Midwest, LLC to Operate an Electric Transmission System in the City of Dubuque: Upon motion the doc- uments were received and filed, and Resolution No. 60 -24 Approving an Agreement Be- tween the City of Dubuque and ITC Midwest, LLC to Operate an Electric Transmission System in the City of Dubuque was adopted. RESOLUTION NO. 60-24 APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE AND ITC MID- WEST, LLC TO OPERATE AN ELECTRIC TRANSMISSION SYSTEM IN THE CITY OF DUBUQUE Whereas, the City of Dubuque, Iowa (City) and ITC Midwest, LLC (ITC Midwest) have tentatively entered into an Agreement for the operation of an electric transmission system in the City of Dubuque until such time as City and ITC Midwest finalize a franchise agree- ment to operate the system; and Whereas, the City Council finds that it is in the best interests of the City of Dubuque to approve the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The attached Agreement is hereby approved. Section 2. The City Manager is authorized and directed to sign the Agreement on be- half of the City of Dubuque. Passed, approved and adopted this 18th day of March 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 14. Grant Agreement with 917 Motorsport LLC for Rehabilitation of 243 W 10th Street: Upon motion the documents were received and filed, and Resolution No. 61-24 Approving a Grant Agreement by and Between the City of Dubuque, Iowa and 917 Motorsport LLC for the Redevelopment of 243 W 10th Street was adopted. RESOLUTION NO. 61-24 APPROVING A GRANT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND 917 MOTORSPORT LLC FOR THE REDEVELOPMENT OF 243 W 10th STREET Whereas, 917 Motorsport LLC is the owner of the property at 243 W 10th Street in the City of Dubuque, Iowa (the “Development Property”) legally described as: Lot 2 of HARTIG ADDITION, in the City of Dubuque, Iowa, according to the recorded Plat thereof; and Whereas, 917 Motorsport LLC has applied to the City of Dubuque Economic Develop- ment Department (the “City”) for a Façade Grant and a Planning & Design Grant (the “Grants”) for the rehabilitation of a building on the Development Property (the “Project”); and Whereas, the Project is eligible for the Grants; and Whereas, City and 917 Motorsport LLC have tentatively entered into a Grant Agree- ment for the Development Property (the “Grant Agreement”), a copy of which is attached hereto; and Whereas, it is the determination of the City Council that approval of the Grant Agree- ment for redevelopment of the Development Property by 917 Motorsport LLC, according to the terms and conditions set out in the Grant Agreement, is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Grant Agreement between the City of Dubuque and 917 Motorsport LLC is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Grant Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the Grant Agreement as herein approved. Passed, approved and adopted this 18th day of March, 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 15. Tobacco Compliance Settlement Agreements for Tobacco License Holders - Fuel Express Food Mart and EZ Stop 1: Upon motion the documents were received, filed, and approved. 16. Approval of Retail Alcohol Licenses and Retail Tobacco, Alternative Nicotine, and Vapor Product Permit Applications: Upon motion the documents were received and filed, and Resolution No. 62-24 Approving applications for retail alcohol licenses, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chap- ter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits and Resolution No. 63-24 Approving applications for retail permits to sell Tobacco, Tobacco Products, Alternative Nicotine Products, and Vapor Products, as required by Iowa Code §453A.47A were adopted. RESOLUTION NO. 62-24 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 Whereas, applications for retail alcohol licenses have been submitted and filed with the City Council for approval, and the same have been examined, provisionally approved, and/or approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City, and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Clerk is hereby authorized and directed to cause to be issued at the noted premise address to the following applicants pending submission of the locally required documentation: New Applications Name of Business Address of Premises Port of Dubuque Marina 2200 Bunker Hill Rd. Dubuque Marina and Yardarm 1201 Shiras Ave. Extension Renewals Name of Business Address of Premises Chopper's 601 Rhomberg Ave. Classy And Chic Boutique Suite 200, 1065 Jackson St. Eagles Club 1175 Century Dr. Grand River Center 500 Bell St. Lina's Thai Bistro 200, 2055 Holliday Dr. McAleece Park And Recreation Complex 1801 Admiral Sheehy Dr. Noonan's Tap 1618 Central Ave. Phoenix Theatres 555 John F. Kennedy Rd. Suite 105 Salsa's Mexican Restaurant 1091 Main St. Sportsters Pub & Grub 2600 Central Ave. The Vault Restaurant And Cocktail Lounge 342 Main St. Change in Ownership Name of Business Address of Premises Kwik Star 236 2035 John F Kennedy Rd. Kwik Star 495 2685 Dodge St. Tobacco Outlet Plus 504 806 Wacker Dr. Passed, approved, and adopted this 18th day of March 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 63-24 APPROVING APPLICATIONS FOR RETAIL PERMITS TO SELL TOBACCO, TO- BACCO PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS, AND VAPOR PROD- UCTS, AS REQUIRED BY IOWA CODE §453A.47A Whereas, applications for retail permits to sell tobacco, tobacco products, alternative nicotine products, vapor products, or a combination of these products have been submit- ted and filed with the City Clerk; and Whereas, the applicants have filed the proper application and fees as required by Iowa Code §453A.47A; and Whereas, the Iowa Department of Revenue requires all applications be approved by the City Council; and Whereas, all retail permits to sell tobacco, tobacco products, alternative nicotine prod- ucts, and vapor products shall expire on June 30 of each year, as established in Iowa Code §453A.47A(7). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the following named applicants and locations for retail permits to sell one or more of the fol- lowing as specified on the retail permit applications: tobacco, tobacco products , alterna- tive nicotine products, and vapor products. Business Name Business Address Pink Clouds Smoke Shop 4835 Asbury Rd. River Bluff Collective 168 East 10th St. Passed, approved, and adopted this 18th day of March 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 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. Development Agreement by and between the City of Dubuque, Iowa and CBDC, LLC: Upon motion the documents were received and filed and Resolution No. 64 -24 Fix- ing the date for a Public Hearing of the City Council of the City of Dubuque, Iowa on the proposed Development Agreement by and between the City of Dubuque, Iowa and CBDC, LLC, including the proposed issuance of Urban Renewal Tax Increment Revenue Grant Obligations to CBDC, LLC, and providing for the publication of notice t hereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on April 1, 2024 in the Historic Federal Building. RESOLUTION NO. 64-24 FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON THE PROPOSED DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND CBDC, LLC, INCLUDING THE PRO- POSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE GRANT OB- LIGATIONS TO CBDC, LLC, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, CBDC, LLC, as Developer, is or will be the owner of the following described real property: Lot 625, Lot 626, and Lot 627, in the City of Dubuque, Iowa, according to the rec- orded deed instrument number 2023-00001758 thereof; locally known as 781 Lo- cust Street; and Lot 1 of Dubuque Art Plaza according to the plat recorded on the 11th day of March 2024, Instrument No. 2024-00001914(the Property); and Whereas, Developer has determined that it requires a new childcare facility (the Facil- ity) to maintain and expand its operations and employment in the project area; and Whereas, City of Dubuque, Iowa (City) and CBDC, LLC have entered into a Develop- ment Agreement, subject to the approval of the City Council, pursuant to which CBDC, LLC will construct on the Property certain Minimum Improvements described in the De- velopment Agreement; and Whereas, the City Council has tentatively determined that it would be in the best inter- ests of City to approve the Development Agreement; and Whereas, the Development Agreement provides for the issuance by City of economic development grants to CBDC, LLC, referred to therein as Urban Renewal Tax Increment Revenue Grant Obligations, payable from the tax increment revenues collected in respect of the Improvements to be constructed by CBDC, LLC in accordance with the Develop- ment Agreement, for the purpose of carrying out the objectives of an Urban Renewal Plan as hereinafter described; and Whereas, before said obligations may be approved, Chapter 403 of the Code of Iowa requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meet- ing the City Council shall receive oral and/or written objections from any resident or prop- erty owner of said City to such proposed action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause this Resolution and a Notice to be published as prescribed by Iowa Code Section 364.7 of a public hear- ing on the City Council’s intent to approve the proposed Development Agreement, to be held on the 1st day of April 2024 at 6:30 p.m. Section 2. The City Council will also meet at said time and place for the purpose of taking action on the matter of authorizing Urban Renewal Tax Increment Revenue obli- gations, the proceeds of which obligations will be used to carry out certain of the special financing activities described in the Urban Renewal Plan for the Greater Downtown Urban Renewal District, consisting of the funding of economic development grants to CBDC, LLC, pursuant to the Development Agreement under the terms and conditions of said Urban Renewal Plan. It is expected that the aggregate amount of the Tax Increment Rev- enue obligations will be approximately $2,525,000. Section 3. The City Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publica- tion to be not less than four days nor more than twenty days before the date of said meeting on the approval of the Development Agreement and the issuance of said obliga- tions. Section 4. That the Notice of the proposed action shall be in substantially the form attached hereto. Passed, approved and adopted this 18th day of March, 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk BOARDS/COMMISSIONS Appointments were made to the following boards/commissions. 1. Housing Appeals and Mediation Board: One, 3-Year Term through January 1, 2027 (Vacant term of Lenhart). Applicant: Jeff Lenhart, 1085 Main St. Motion by Jones to ap- point Mr. Lenhart to the three-year term through January 1, 2027. Seconded by Wethal. Motion carried 7-0. PUBLIC HEARINGS 1. Request to Rezone Property at 35 Locust Street from C-3 General Commercial to C-4 Downtown Commercial: 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. Se- conded by Sprank. Planning Services Director Wally Wernimont provided a staff report and responded to questions from the City Council. Applicant Josh Jansen, 11368 Rock Grove Ct., described the planned façade of the proposed building and parking availability. City Council Members expressed support for the rezoning. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 6 -24 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by re- classifying hereinafter described property from C-3 General Commercial to C-4 Down- town Commercial. Seconded by Sprank. Motion carried 7 -0. ORDINANCE NO. 6-24 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY FROM C-3 GENERAL COMMERCIAL DISTRICT TO C-4 DOWNTOWN COMMERCIAL NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Develop- ment Code, is hereby amended by reclassifying the hereinafter–described property from C-3 General Commercial District to C-4 Downtown Commercial District, to wit: Lot 2 of the Northerly 21 feet of the North ½ of Lot 572, the South 21 feet of the North ½ of Lot 572, the South ½ of Lot 572, and the Northerly 40 feet of Lot 573; the Southerly 26 feet of Lot 573, Lot 574 “A”, the Northerly ½ of Lot 574, except the Westerly 36 feet 2 inches thereof, Lot 1 of 575, and Lot 2 of 2 of Lot 575; and the Westerly 36 feet 2 inches of the Northerly ½ of Lot 574, all in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved and adopted this 18th day of March, 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Request to Amend a Planned Unit Development (PUD) to Allow Pet Daycare or Grooming as a Permitted Use: 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 Jones. Planning Services Director Wally Wernimont provided a staff report. Motion carried 7-0. Motion by Roussell for final consideration and passage of Ordinance No. 7-24 Amend- ing Title 16 of the City of Dubuque Code of Ordinances Unified Development Code by Rescinding Ordinance No. 82-04 Which Provides Regulations for the PUD Planned Unit Development District with a Planned Commercial Designation and now being amended to modify the list of permitted uses to include Pet Daycare or Grooming. Seconded by Jones. Motion carried 7-0. ORDINANCE NO. 7-24 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES UNIFIED DEVELOPMENT CODE BY RESCINDING ORDINANCE NO. 82-04 WHICH PROVIDES REGULATIONS FOR THE PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PLANNED COMMERCIAL DESIGNATION AND NOW BEING AMENDED TO MODIFY THE LIST OF PERMITTED USES TO INCLUDE PET DAYCARE OR GROOMING NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Develop- ment Code, is hereby amended by rescinding Ordinance 82-04 which provides regula- tions for a Planned Unit Development District with a Planned Commercial District desig- nation, and now being amended to modify the list of permitted uses to include pet daycare or grooming. As shown in Exhibit A, and to the centerline of the adjoining public right -of-way, all in the City of Dubuque, Iowa. Section 2. Pursuant to Iowa Code Section 414.5 (1993) and as an express condition of the reclassification, the undersigned property owner agrees to the following conditions, all of which the property owner further agrees are reasonable and imposed to satisfy the public needs that are caused directly by the zoning reclassification: A. Use Regulations; The following regulations shall apply to all land uses in the above-described PUD District. 1. Principal permitted uses of the lots designated for commercial development shall be limited to: Residential Uses above the first floor only General offices Medical/office/clinic Indoor restaurant Drive-in/carry-out restaurant Dental medical lab Schools of private instruction Barber/beauty shops Retail sales/services Laundry/dry cleaner Shoe repair Tailoring/alterations Catalog center Laundromat Artist studio Photographic studio Neighborhood shopping center Furniture/home furnishings Appliance sales and service Office supply Vending/game machines sales and service Mail order houses Auto parts/supply Vehicle rental Upholstery shop Contractor shop/yard Wholesale sales/distributor Mini warehousing Refrigeration equipment and supply, sales, and service Landscaping services Animal hospital/clinic Personal services Automated gas station Gas station Service station Bakery (wholesale/commercial) Drive -up automated bank teller Self-service car wash Full-service car wash Furniture upholstery repair Business services Banks, savings, and loans, and credit unions Indoor recreation facilities Printing and publishing Laboratories for research or engineering Pet daycare or grooming Group daycare center provided that: a. Forty (40) square feet of indoor floor area (excluding halls and bathrooms) is provided per child in areas occupied by cribs, thirty-five (35) square feet of indoor area (excluding halls and bathrooms) is provided per child in ar- eas not occupied by cribs times the licensed capacity; and seventy- five (75) square feet of fenced outdoor recreation space is provided per child using the space at a given time; b. That parking requirements can be met; c. Such facility shall supply loading and unloading of children so as not to obstruct public streets or create traffic or safety hazards; d. All licenses have been issued or have been applied for awaiting the out- come of the Boards' decision; e. Signage for a single-family home shall be limited to one non -illuminated, wall-mounted sign, not to exceed four (4) square feet in area; and f. No group daycare center may be located within the same structure as any gas station, bar/tavern, automated gas station or facility selling, servicing, repairing or renting vehicles. 2. Accessory uses shall include any use customarily incidental and subordinate to the principle use it serves. Parking group – see Section 4- 2 of the Zoning Ordinance. B. Lot and Bulk Regulations: Development of land in the PUD District shall be regu- lated as follows: All buildings and structures located on lots designated for commercial develop- ment shall meet bulk regulations set forth in the Zoning Ordinance for C -2 Neighborhood-Shopping Center; Section- 3-3. 2(F) C. Performance Standards: The development and maintenance of uses in this PUD District shall be established in conformance with Section 3-5.5 of the Zoning Ordi- nance and the following standards: 1. Indoor restaurants and drive-in/carry-out restaurants are restricted to the north 1.3 acres of the Planned Commercial District. 2. Public streets within the Planned Unit Development District shall be designed and built to City Engineering specifications. 3. Erosion control shall be provided during all phases of construction. 4. Parking requirements for allowed uses in the PUD District shall be as per the parking group for the designated use, in accordance with Section 4 -2 of the Zoning Ordinance. 5. Storm water detention facilities will be provided as per City Engineering re- quirements. 6. Adequate illumination shall be provided to areas used for vehicle and pedestrian circulation. Light fixtures shall be of a cut-off design and be mounted at a 72-degree angle to a vertical light standard. 7. Final site development plans shall be submitted in accordance with section 4-4 of the Zoning Ordinance of the City of Dubuque, Iowa prior to construction of any buildings. Screening shall be placed along the boundary of the residential district as per City standards. 8. Outdoor storage must be screened to a height that obscures the stored ma- terial from adjacent residential property, but in no case shall screening be less than six (6) feet in height. D. Open Spaces and Landscaping: Open space and landscaping in the PUD District shall be regulated as follows: Those areas not designated on the conceptual plan for development shall be maintained as open space as defined by Section 8 of the Zoning Ordinance by the property owners and/ or association. E. Sign Regulations: Signs in the PUD District shall be regulated as follows: Signage shall be regulated by the C-2 Neighborhood Shopping Center District sign regulations of Section 4-3.11 of the Zoning Ordinance. F. Ordinance History 1) Ordinance No. 86-02 established regulations for the Planned Unit Development. 2) Ordinance No. 82-04 amended the Planned Unit Development regulations to add, with conditions, drive-in/carry-out restaurants to the list of permitted uses. G. Transfer of Ownership: Transfer of ownership or lease of property in this PUD District shall include in the transfer or lease agreement a provision that the pur- chaser or lessee acknowledges awareness of the conditions authorizing the es- tablishment of the district. H. Modifications: Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Article 9 -5 of the Unified Development Code. I. Recording: A copy of this ordinance shall be recorded at the expense of the prop- erty owner(s) with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approval within thirty (30) days after the adoption of this ordinance. This ordinance shall be binding upon the un- dersigned and his/her heirs, successors and assigns. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Ad- visory Commission of the City of Dubuque, Iowa. Section 4. This Ordinance shall take effect upon publication, as provided by law. Passed, approved and adopted this 18th day of March 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. State Revolving Fund (SRF) Loan - Environmental Review Bipartisan Infrastructure Law and State Revolving Fund (SRF) Private Lead Service Line Replacement Pilot Pro- gram and Presentation: Motion by Resnick to receive and file the documents and adopt Resolution No. 65-24 State Revolving Fund (SRF) Loan - Environmental Review Private Lead Service Line Replacement Pilot Program - Approval of an Environmental Review as Provided By SRF’s Department of Natural Resources for the Private Lead Service Line Replacement Pilot Program. Seconded by Farber. Water Department Director Christo- pher Lester made a presentation and responded to questions from the City Council. Re- sponding to a question from the City Council, City Manager Van Milligen summarized the forgivable and unforgivable components of the loan. Motion carried 7-0. RESOLUTION NO. 65-24 STATE REVOLVING FUND (SRF) LOAN - ENVIRONMENTAL REVIEW PRIVATE LEAD SERVICE LINE REPLACEMENT PILOT PROGRAM, APPROVAL OF AN ENVI- RONMENTAL REVIEW AS PROVIDED BY SRF’S DEPARTMENT OF NATURAL RE- SOURCES FOR THE PRIVATE LEAD SERVICE LINE REPLACEMENT PILOT PRO- GRAM Whereas, the City of Dubuque is pursuing an engineered solution to reduce the num- ber of private lead service lines in the City of Dubuque through an Iowa, State Revolving Fund assisted pilot program; and Whereas, as part of the SRF loan process, the City is required to complete an environ- mental review through the public hearing process; and Whereas, public notification of the hearing was advertised on February 9, 2024, a minimum of 30 days prior to the public hearing per SRF IDNR requirements; and Whereas, a public hearing was held on the 18th day of March, 2024 at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubuque, Iowa, at which time interested persons appeared and heard for or against the proposed environmental review of said Project; and Whereas, a discussion was held on the environmental impacts of said project; and Whereas, a transcript of the public hearing and a summary of public comments will be available for public review. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The environmental review as provided by SRF’s Department of Natural Re- sources for the Private Lead Service Line Replacement Pilot Program, is hereby ap- proved, and staff is directed to submit the required executed documentation to SRF, Iowa Department of Resources. Passed, adopted, and approved this 18th day of March 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk PUBLIC INPUT John Petco, 1983 University Ave., provided input about his challenges finding parking near his residence and requested the city consider granting assigned parking spots to residents with identified disabilities. ACTION ITEMS 1. Barry Lindahl Appointment to the Public Information Board, Iowa: Motion by Roussell to receive and file the documents. Seconded by Sprank. City Council Members congrat- ulated Mr. Lindahl on the appointment. Motion carried 7-0. 2. Request for Ratification of Dubuque Police Protective Association (DPPA) July 1, 2024 Collective Bargaining Agreement (CBA): Motion by Jones to receive and file the documents and approve the City of Dubuque/Dubuque Police Protective Association (DPPA) Collective Bargaining Agreement to become effective on July 1, 2024. Seconded by Farber. Chief Human Resources Officer Shelley Stickfort summarized the procedure for contract recertification. Motion carried 7-0. 3. Bryan Porter, a Seasonal Employee in the City of Dubuque Parks Division Video: Motion by Resnick to receive and file the documents and view the video. Seconded by Sprank. Media Services staff showed a video featuring Bryan Porter, a seasonal em- ployee in the City of Dubuque Parks Division. The video can be viewed at https://youtu.be/5etUK6cArgo. Motion carried 7 -0. COUNCIL MEMBER REPORTS Mayor Cavanagh reported on the City Council Members and City staff’s recent trip to Washington, D.C. to advocate for city priorities. Mayor Cavanagh also reported on attend- ing a Mississippi River Cities and Towns Initiative event in Washington, D.C. Council Member Resnick also reported on the City Council’s trip to Washington, D.C., and recognized Mayor Cavanagh for his partnerships. Mr. Resnick and Mayor Cavanagh reiterated Iowa open meetings statutes to explain why the City Council could not formally address comments given during public input. Council Member Farber reported on attending the National League of Cities Confer- ence in Washington, D.C. Council Member Roussell reported on attending the Iowa League of Cities Local Lead- ers Day. Council Member Sprank also reported on the City Council’s trip to Washington, D.C. Council Member Jones reported on speaking to the current Leadership Iowa class. Council Member Wethal reported on the upcoming Dubuque Area Chamber of Com- merce’s Dubuque Night and the upcoming Cracker Barrel with State Legislators. CLOSED SESSION Motion by Jones to convene in closed session at 8:02 p.m. to discuss Purchase or Sale of Real Estate – Chapter 21.5(1)(j) Code of Iowa. Seconded by Wethal. 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 9:04 p.m. stating that staff had been given proper direction. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 9:04 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk