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4 15 24 City Council Proceedings Official Regular1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on April 15, 2024, in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Cavanagh; Council Members Farber, Jones, Resnick (participated vir- tually; arrived at 6:49 p.m.), Roussell, Sprank, Wethal; City Manager Van Milligen, City Attorney Brumwell. Mayor Cavanagh read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PRESENTATION(S) 1. Permanent Part-Time Team Member of the Year Recognition: Recreation Division Manager Dan Kroger introduced Iowa Parks and Recreation Association Representative Geoff Hubbard. Mr. Hubbard virtually recognized Susan Stopplemoor, a part-time em- ployee in the City of Dubuque Leisure Services Department, for receiving the Iowa Parks and Recreation Association’s Permanent Part-Time Team Member of the Year Award. PROCLAMATION(S) 1. Arbor Day (April 26, 2024) was accepted by Steve Pregler on behalf of Dubuque Trees Forever. CONSENT ITEMS Mayor Cavanagh requested Item No. 11 be held for separate discussion. Council Mem- ber Roussell requested Item No. 13 be held for separate discussion and announced she would abstain from voting on the item due to her board service with Dubuque Trees For- ever. Motion by Farber to receive and file the documents and adopt the resolutions except for Item Nos. 11 and 13. Point of Order by Cavanagh that the suggested disposition for some consent items includes to dispose of as indicated. Motion amended by Farber to include dispose of as indicated. Seconded by Sprank. Motion carried 6-0 with Resnick absent. 1. Minutes and Reports Submitted: Airport Commission of February 27, 2024; City Council Proceedings of March 25, 26, 27, 28 and April 1, 2, and 4 2024; Community Development Advisory Commission of January 17, 2024; Equity and Human Rights Com- mission of March 12, 2024; Resilient Community Advisory Commission of January 11, 2 2024; Zoning Advisory Commission Draft Minutes of April 3, 2024. Upon motion the doc- uments were received and filed. 2. Notice of Claims and Suits: Cummer Masonry Inc. for vehicle damage; Progressive Northern Insurance Company A/S/O John Klauer for vehicle damage; Cassidy Loffa for vehicle damage. Upon motion the documents were received, filed, and referred to the City Attorney. 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: Cummer Masonry for vehicle damage. Upon motion the documents were received, filed, and concurred. 4. Approval of City Expenditures: Upon motion the documents were received and filed, and Resolution No. 81-24 Authorizing the Chief Financial Officer/City Treasurer to make certain payments of bills that must be paid and approved for payment in accordance with City procedures was adopted. RESOLUTION NO. 81-24 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. 3 Passed, approved, and adopted this 15th day of April 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Letter of Support for Canadian and Iowa Northern Railway Integration : City Manager provided a copy of a letter of support on behalf of the City of Dubuque in support of the Canadian and Iowa Northern Railway Integration. Upon motion the documents were re- ceived, filed, and approved. 6. Pledge Agreement for an Iowa Partners for Conservation Grant: Upon motion the documents were received and filed, and Resolution No. 82-24 Pledging Support and up to $25,000 In-Kind Local Matching Funds for the Dubuque Soil & Water Conservation District’s Application for a $825,000 U.S. Department of Agriculture Natural Resource Conservation Service Iowa Partners for Conservation Grant was adopted. RESOLUTION NO. 82-24 PLEDGING SUPPORT AND UP TO $25,000 IN-KIND LOCAL MATCHING FUNDS FOR THE DUBUQUE SOIL & WATER CONSERVATION DISTRICT’S APPLICATION FOR A $825,000 U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCE CON- SERVATION SERVICE IOWA PARTNERS FOR CONSERVATION GRANT Whereas, the City of Dubuque is party to the Agreement creating the Dubuque Soil and Water Conservation District (DSWCD); and Whereas, the City Council adopted Resolution 102-12 authorizing an agreement with the DSWCD to create the Catfish Creek Watershed Management Authority; and Whereas, the DSWCD is submitting an application for US Department of Agriculture (USDA) Natural Resource Conservation Service (NRCS) Iowa Partners for Conservation (IPC) grant in the amount of $825,000; and Whereas, the scope of the grant-funded project includes watershed based nutrient re- duction efforts that would benefit the Catfish Creek watershed; and Whereas, the DSWCD has identified the City of Dubuque as a project partner and the City of Dubuque will benefit from the project partnership. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Pledges an in-kind local match contribution of $5,000 per year for a total of $25,000, if in fact, the DSWCD is awarded the USDA NRCS IPC grant. Section 2. Authorizes the Mayor to sign a pledge agreement in support of the DSWCD grant application. Passed, adopted, and approved this 15th day of April 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 7. City Clerk's Office Promotion of Civic Engagement at the Multicultural Family Cen- ter's Teen Career Fair: Upon motion the documents were received and filed. 8. Recommended Sculptures for 2024-25 Art on the River Rotating Public Art Exhibi- tion: Upon motion the documents were received, filed, and approved. 4 9. alltogetherdubuque.com Website Produced Through the Iowa Department of Cul- tural Affairs’ Iowa Arts & Culture Marketing Grant: Upon motion the documents were re- ceived and filed. 10. Updated Version of Creating Housing Opportunities Brochure: Upon motion the documents were received and filed. 11. 3000 Jackson Dubuque Brewing and Malting Building Update : Motion by Sprank to receive and file the documents. Seconded by Wethal. Assistant Housing & Community Development Director Micheal Belmont provided the current demolition schedule. City Council Members emphasized the need for the demolition to occur on schedule. Motion carried 6-0 with Council Member Resnick absent. 12. Bloomberg Youth Climate Action Grant Award: Upon motion the documents were received, filed, and approved. 13. Sustainable Dubuque Grant Recommendation: Motion by Jones to receive and file the documents and adopt Resolution No. 83-24 Awarding Sustainable Dubuque Grant to the Boys and Girl Club of Greater Dubuque; Resolution No. 84-24 Awarding Sustainable Dubuque Grant to Jessica Paisley; Resolution No. 85-24 Awarding Sustainable Dubuque Grant to Mississippi River Revival, DBQ, Inc.; Resolution No. 86-24 Awarding Sustainable Dubuque Grant to the Oak View Group; Resolution No. 87 -24 Awarding Sustainable Dubuque Grant to ReEvolution Farms; Resolution No. 88-24 Awarding Sustainable Dubu- que Grant to St. Marks Youth Enrichment; and Resolution No. 89 -24 Awarding Sustaina- ble Dubuque Grant to Dubuque Trees Forever. Seconded by Farber. Council Member Resnick virtually joined the meeting during the vote. Motion carried 6-0 with Roussell ab- stained. RESOLUTION NO. 83- 24 AWARDING SUSTAINABLE DUBUQUE GRANT TO THE BOYS AND GIRL CLUB OF GREATER DUBUQUE Whereas, the City Council adopts goals on an annual basis; and Whereas, sustainability first appeared as a City Council goal in 2006; and Whereas, in 2010 the City Council adopted the Dubuque Greenhouse Gas (GHG) In- ventory, the first step in developing a Climate Action Plan (CAP) for Dubuque; and Whereas, the inventory measured gases emitted by City operations for the baseline year 2003, and again for 2007, and predicted future emissions if business as usual oc- curred, and provided the City a tool to set emission reduction targets to improve and maintain healthy air quality; and Whereas, a 2014 update to the GHG inventory revealed that the community had re- duced their GHG emissions 11% since 2003, and Whereas, the 2019 update to the GHG inventory reported a 27% reduction in GHG emissions since 2003; and 5 Whereas, the City Council adopted “The 50% by 2030 Plan” in 2013, and updated the plan in 2020, as a non-binding, voluntary effort to identify opportunities to reduce Dubu- que’s community greenhouse gas emissions; and Whereas, The 50% by 2030 Plan is used in the following ways: • Informing officials during goal setting and budget decisions, • Informing businesses and individuals about potential emission and cost - saving options, • Showcasing success stories, • Providing a roadmap that can be added to or adjusted, and • Exposing from where Dubuque’s GHG emissions really come; and Whereas, sustainability has remained a goal; and Whereas, the City Council in 2022 reaffirmed its commitment to sustainability by adopting the specific goal, “Sustainable Environment: Preserving and Enhancing Nat- ural Resources”; and Whereas, the City Council in 2022 reaffirmed its commitment to sustainability through partnerships by adopting the specific goal, “Partnership for a Better Dubuque: Building Our Community that is Viable, Livable, and Equitable”; and Whereas, the City Council in 2022 reaffirmed its commitment to sustainability by adopt- ing the specific goal, Livable Neighborhoods and Housing: Great Place to Live”; and Whereas, the Sustainable Dubuque Grant program is the intersection of the City’s goals related to sustainability, equity, viability, partnerships, and the creation of housing, which is livable, affordable, and sustainable; and Whereas, the Sustainable Dubuque Grant program meets the needs of the Dubuque community’s vision for sustainability; and Whereas, efforts which address a Sustainable Dubuque principle and offer a commu- nity engagement activity or community education activity benefit the entirety of the com- munity and the specifically adopted goals of the City Council; and Whereas, the grant recipient shall create a sustainable garden; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to further sustainability efforts in the community for the benefit of all residents and visitors. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby awards a Sustainable Dubuque Grant to THE BOYS AND GIRL CLUB OF GREATER DUBUQUE. Section 2. The City Manager or his designee shall enter into a grant agreement with THE BOYS AND GIRL CLUB OF GREATER DUBUQUE and shall ensure compliance with the grant agreement pursuant to Iowa Code and the grant award requirements. Passed, approved and adopted this 15th day of April 2024. Brad Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk RESOLUTION NO. 84-24 AWARDING SUSTAINABLE DUBUQUE GRANT TO JESSICA PAISLEY Whereas, the City Council adopts goals on an annual basis; and Whereas, sustainability first appeared as a City Council goal in 2006; and 6 Whereas, in 2010 the City Council adopted the Dubuque Greenhouse Gas (GHG) In- ventory, the first step in developing a Climate Action Plan (CAP) for Dubuque; and Whereas, the inventory measured gases emitted by City operations for the baseline year 2003, and again for 2007, and predicted future emissions if business as usual oc- curred, and provided the City a tool to set emission reduction targets to improve and maintain healthy air quality; and Whereas, a 2014 update to the GHG inventory revealed that the community had re- duced their GHG emissions 11% since 2003, and Whereas, the 2019 update to the GHG inventory reported a 27% reduction in GHG emissions since 2003; and Whereas, the City Council adopted “The 50% by 2030 Plan” in 2013, and updated the plan in 2020, as a non-binding, voluntary effort to identify opportunities to reduce Dubu- que’s community greenhouse gas emissions; and Whereas, The 50% by 2030 Plan is used in the following ways: • Informing officials during goal setting and budget decisions, • Informing businesses and individuals about potential emission and cost- saving options, • Showcasing success stories, • Providing a roadmap that can be added to or adjusted, and • Exposing from where Dubuque’s GHG emissions really come; and Whereas, sustainability has remained a goal; and Whereas, the City Council in 2022 reaffirmed its commitment to sustainability by adopt- ing the specific goal, “Sustainable Environment: Preserving and Enhancing Natural Re- sources”; and Whereas, the City Council in 2022 reaffirmed its commitment to sustainability through partnerships by adopting the specific goal, “Partnership for a Better Dubuque: Building Our Community that is Viable, Livable, and Equitable”; and Whereas, the City Council in 2022 reaffirmed its commitment to sustainability by adopt- ing the specific goal, Livable Neighborhoods and Housing: Great Place to Live”; and Whereas, the Sustainable Dubuque Grant program is the intersection of the City’s goals related to sustainability, equity, viability, partnerships, and the creation of housing, which is livable, affordable, and sustainable; and Whereas, the Sustainable Dubuque Grant program meets the needs of the Dubuque community’s vision for sustainability; and Whereas, efforts which address a Sustainable Dubuque principle and offer a commu- nity engagement activity or community education activity benefit the entirety of the com- munity and the specifically adopted goals of the City Council; and Whereas, the grant recipient shall host a sustainable fashion show; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to further sustainability efforts in the community for the benefit of all residents and visitors. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby awards a Sustainable Dubuque Grant to Jessica Paisley. 7 Section 2. The City Manager or his designee shall enter into a grant agreement with Jessica Paisley and shall ensure compliance with the grant agreement pursuant to Iowa Code and the grant award requirements. Passed, approved and adopted this 15th day of April 2024. Brad Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk RESOLUTION NO. 85-24 AWARDING SUSTAINABLE DUBUQUE GRANT TO MISSISSIPPI RIVER REVIVAL, DBQ, INC. Whereas, the City Council adopts goals on an annual basis; and Whereas, sustainability first appeared as a City Council goal in 2006; and Whereas, in 2010 the City Council adopted the Dubuque Greenhouse Gas (GHG) In- ventory, the first step in developing a Climate Action Plan (CAP) for Dubuque; and Whereas, the inventory measured gases emitted by City operations for the baseline year 2003, and again for 2007, and predicted future emissions if business as usual oc- curred, and provided the City a tool to set emission reduction targets to improve and maintain healthy air quality; and Whereas, a 2014 update to the GHG inventory revealed that the community had re- duced their GHG emissions 11% since 2003, and Whereas, the 2019 update to the GHG inventory reported a 27% reduction in GHG emissions since 2003; and Whereas, the City Council adopted “The 50% by 2030 Plan” in 2013, and updated the plan in 2020, as a non-binding, voluntary effort to identify opportunities to reduce Dubu- que’s community greenhouse gas emissions; and Whereas, The 50% by 2030 Plan is used in the following ways: • Informing officials during goal-setting and budget decisions, • Informing businesses and individuals about potential emission and cost- saving options, • Showcasing success stories, • Providing a roadmap that can be added to or adjusted, and • Exposing from where Dubuque’s GHG emissions really come; and Whereas, sustainability has remained a goal; and Whereas, the City Council in 2022 reaffirmed its commitment to sustainability by adopting the specific goal, “Sustainable Environment: Preserving and Enhancing Nat- ural Resources”; and Whereas, the City Council in 2022 reaffirmed its commitment to sustainability through partnerships by adopting the specific goal, “Partnership for a Better Dubuque: Building Our Community that is Viable, Livable, and Equitable”; and Whereas, the City Council in 2022 reaffirmed its commitment to sustainability by adopt- ing the specific goal, Livable Neighborhoods and Housing: Great Place to Live”; and Whereas, the Sustainable Dubuque Grant program is the intersection of the City’s goals related to sustainability, equity, viability, partnerships, and the creation of housing, which is livable, affordable, and sustainable; and Whereas, the Sustainable Dubuque Grant program meets the needs of the Dubuque community’s vision for sustainability; and 8 Whereas, efforts which address a Sustainable Dubuque principle and offer a commu- nity engagement activity or community education activity benefit the entirety of the com- munity and the specifically adopted goals of the City Council; and Whereas, the grant recipient shall host and market a mid-week market featuring local products; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to further sustainability efforts in the community for the benefit of all residents and visitors. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby awards a Sustainable Dubuque Grant to MISSIS- SIPPI RIVER REVIVAL, DBQ, INC. Section 2. The City Manager or his designee shall enter into a grant agreement with MISSISSIPPI RIVER REVIVAL, DBQ, INC. and shall ensure compliance with the grant agreement pursuant to Iowa Code and the grant award requirements. Passed, approved and adopted this 15th day of April 2024. Brad Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk RESOLUTION NO. 86 - 24 AWARDING SUSTAINABLE DUBUQUE GRANT TO THE OAK VIEW GROUP Whereas, the City Council adopts goals on an annual basis; and Whereas, sustainability first appeared as a City Council goal in 2006; and Whereas, in 2010 the City Council adopted the Dubuque Greenhouse Gas (GHG) In- ventory, the first step in developing a Climate Action Plan (CAP) for Dubuque; and Whereas, the inventory measured gases emitted by City operations for the baseline year 2003, and again for 2007, and predicted future emissions if business as usual oc- curred, and provided the City a tool to set emission reduction targets to improve and maintain healthy air quality; and Whereas, a 2014 update to the GHG inventory revealed that the community had re- duced their GHG emissions 11% since 2003, and Whereas, the 2019 update to the GHG inventory reported a 27% reduction in GHG emissions since 2003; and Whereas, the City Council adopted “The 50% by 2030 Plan” in 2013, and updated the plan in 2020, as a non-binding, voluntary effort to identify opportunities to reduce Dubu- que’s community greenhouse gas emissions; and Whereas, The 50% by 2030 Plan is used in the following ways: • Informing officials during goal setting and budget decisions, • Informing businesses and individuals about potential emission and cost- saving options, • Showcasing success stories, • Providing a roadmap that can be added to or adjusted, and exposing from where Dubuque’s GHG emissions really come; and Whereas, sustainability has remained a goal; and Whereas, the City Council in 2022 reaffirmed its commitment to sustainability by adopt- ing the specific goal, “Sustainable Environment: Preserving and Enhancing Natural Re- sources”; and 9 Whereas, the City Council in 2022 reaffirmed its commitment to sustainability through partnerships by adopting the specific goal, “Partnership for a Better Dubuque: Building Our Community that is Viable, Livable, and Equitable”; and Whereas, the City Council in 2022 reaffirmed its commitment to sustainability by adopt- ing the specific goal, Livable Neighborhoods and Housing: Great Place to Live”; and Whereas, the Sustainable Dubuque Grant program is the intersection of the City’s goals related to sustainability, equity, viability, partnerships, and the creation of housing, which is livable, affordable, and sustainable; and Whereas, the Sustainable Dubuque Grant program meets the needs of the Dubuque community’s vision for sustainability; and Whereas, efforts which address a Sustainable Dubuque principle and offer a commu- nity engagement activity or community education activity benefit the entirety of the com- munity and the specifically adopted goals of the City Council; and Whereas, the grant recipient shall create a microgreens growing system and provide locally grown food for events; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to further sustainability efforts in the community for the benefit of all residents and visitors. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby awards a Sustainable Dubuque Grant to the Oak View Group. Section 2. The City Manager or his designee shall enter into a grant agreement with the Oak View Group and shall ensure compliance with the grant agreement pursuant to Iowa Code and the grant award requirements. Passed, approved and adopted this 15th day of April 2024. Brad Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk RESOLUTION NO. 87 - 24 AWARDING SUSTAINABLE DUBUQUE GRANT TO REEVOLUTION FARMS Whereas, the City Council adopts goals on an annual basis; and Whereas, sustainability first appeared as a City Council goal in 2006; and Whereas, in 2010 the City Council adopted the Dubuque Greenhouse Gas (GHG) In- ventory, the first step in developing a Climate Action Plan (CAP) for Dubuque; and Whereas, the inventory measured gases emitted by City operations for the baseline year 2003, and again for 2007, and predicted future emissions if business as usual oc- curred, and provided the City a tool to set emission reduction targets to improve and maintain healthy air quality; and Whereas, a 2014 update to the GHG inventory revealed that the community had re- duced their GHG emissions 11% since 2003, and Whereas, the 2019 update to the GHG inventory reported a 27% reduction in GHG emissions since 2003; and Whereas, the City Council adopted “The 50% by 2030 Plan” in 2013, and updated the plan in 2020, as a non-binding, voluntary effort to identify opportunities to reduce Dubu- que’s community greenhouse gas emissions; and 10 Whereas, The 50% by 2030 Plan is used in the following ways: • Informing officials during goal-setting and budget decisions, • Informing businesses and individuals about potential emission and cost- saving options, • Showcasing success stories, • Providing a roadmap that can be added to or adjusted, and • Exposing from where Dubuque’s GHG emissions really come; and Whereas, sustainability has remained a goal; and Whereas, the City Council in 2022 reaffirmed its commitment to sustainability by adopt- ing the specific goal, “Sustainable Environment: Preserving and Enhancing Natural Re- sources”; and Whereas, the City Council in 2022 reaffirmed its commitment to sustainability through partnerships by adopting the specific goal, “Partnership for a Better Dubuque: Building Our Community that is Viable, Livable, and Equitable”; and Whereas, the City Council in 2022 reaffirmed its commitment to sustainability by adopt- ing the specific goal, Livable Neighborhoods and Housing: Great Place to Live”; and Whereas, the Sustainable Dubuque Grant program is the intersection of the City’s goals related to sustainability, equity, viability, partnerships, and the creation of housing, which is livable, affordable, and sustainable; and Whereas, the Sustainable Dubuque Grant program meets the needs of the Dubuque community’s vision for sustainability; and Whereas, efforts which address a Sustainable Dubuque principle and offer a commu- nity engagement activity or community education activity benefit the entirety of the com- munity and the specifically adopted goals of the City Council; and Whereas, the grant recipient shall use sustainable weed management and make prai- rie enhancements; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to further sustainability efforts in the community for the benefit of all residents and visitors. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby awards a Sustainable Dubuque Grant to REEVO- LUTION FARMS. Section 2. The City Manager or his designee shall enter into a grant agreement with REEVOLUTION FARMS and shall ensure compliance with the grant agreement pursuant to Iowa Code and the grant award requirements. Passed, approved and adopted this 15th day of April 2024. Brad Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk RESOLUTION NO. 88 - 24 AWARDING SUSTAINABLE DUBUQUE GRANT TO ST. MARKS YOUTH ENRICH- MENT Whereas, the City Council adopts goals on an annual basis; and Whereas, sustainability first appeared as a City Council goal in 2006; and Whereas, in 2010 the City Council adopted the Dubuque Greenhouse Gas (GHG) In- ventory, the first step in developing a Climate Action Plan (CAP) for Dubuque; and 11 Whereas, the inventory measured gases emitted by City operations for the baseline year 2003, and again for 2007, and predicted future emissions if business as usual oc- curred, and provided the City a tool to set emission reduction targets to improve and maintain healthy air quality; and Whereas, a 2014 update to the GHG inventory revealed that the community had re- duced their GHG emissions 11% since 2003, and Whereas, the 2019 update to the GHG inventory reported a 27% reduction in GHG emissions since 2003; and Whereas, the City Council adopted “The 50% by 2030 Plan” in 2013, and updated the plan in 2020, as a non-binding, voluntary effort to identify opportunities to reduce Dubu- que’s community greenhouse gas emissions; and Whereas, The 50% by 2030 Plan is used in the following ways: • Informing officials during goal setting and budget decisions, • Informing businesses and individuals about potential emission and cost - saving options, • Showcasing success stories, • Providing a roadmap that can be added to or adjusted, and • Exposing from where Dubuque’s GHG emissions really come; and Whereas, sustainability has remained a goal; and Whereas, the City Council in 2022 reaffirmed its commitment to sustainability by adopt- ing the specific goal, “Sustainable Environment: Preserving and Enhancing Natural Re- sources”; and Whereas, the City Council in 2022 reaffirmed its commitment to sustainability through partnerships by adopting the specific goal, “Partnership for a Better Dubuque: Building Our Community that is Viable, Livable, and Equitable”; and Whereas, the City Council in 2022 reaffirmed its commitment to sustainability by adopt- ing the specific goal, Livable Neighborhoods and Housing: Great Place to Live”; and Whereas, the Sustainable Dubuque Grant program is the intersection of the City’s goals related to sustainability, equity, viability, partnerships, and the creation of housing, which is livable, affordable, and sustainable; and Whereas, the Sustainable Dubuque Grant program meets the needs of the Dubuque community’s vision for sustainability; and Whereas, efforts which address a Sustainable Dubuque principle and offer a commu- nity engagement activity or community education activity benefit the entirety of the com- munity and the specifically adopted goals of the City Council; and Whereas, the grant recipient shall provide apples for students; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to further sustainability efforts in the community for the benefit of all residents and visitors. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby awards a Sustainable Dubuque Grant to ST. MARKS YOUTH ENRICHMENT. Section 2. The City Manager or his designee shall enter into a grant agreement with ST. MARKS YOUTH ENRICHMENT and shall ensure compliance with the grant agree- ment pursuant to Iowa Code and the grant award requirements. Passed, approved and adopted this 15th day of April 2024. 12 Brad Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk RESOLUTION NO. 89 - 24 AWARDING SUSTAINABLE DUBUQUE GRANT TO DUBUQUE TREES FOREVER Whereas, the City Council adopts goals on an annual basis; and WHEREAS, sustain- ability first appeared as a City Council goal in 2006; and Whereas, in 2010 the City Council adopted the Dubuque Greenhouse Gas (GHG) In- ventory, the first step in developing a Climate Action Plan (CAP) for Dubuque; and Whereas, the inventory measured gases emitted by City operations for the baseline year 2003, and again for 2007, and predicted future emissions if business as usual oc- curred, and provided the City a tool to set emission reduction targets to improve and maintain healthy air quality; and Whereas, a 2014 update to the GHG inventory revealed that the community had re- duced their GHG emissions 11% since 2003, and Whereas, the 2019 update to the GHG inventory reported a 27% reduction in GHG emissions since 2003; and Whereas, the City Council adopted “The 50% by 2030 Plan” in 2013, and updated the plan in 2020, as a non-binding, voluntary effort to identify opportunities to reduce Dubu- que’s community greenhouse gas emissions; and Whereas, the 50% by 2030 Plan is used in the following ways: • Informing officials during goal setting and budget decisions, • Informing businesses and individuals about potential emission and cost - saving options, • Showcasing success stories, • Providing a roadmap that can be added to or adjusted, and • Exposing from where Dubuque’s GHG emissions really come; and WHEREAS, sustainability has remained a goal; and Whereas, the City Council in 2022 reaffirmed its commitment to sustainability by adopt- ing the specific goal, “Sustainable Environment: Preserving and Enhancing Natural Re- sources”; and Whereas, the City Council in 2022 reaffirmed its commitment to sustainability through partnerships by adopting the specific goal, “Partnership for a Better Dubuque: Building Our Community that is Viable, Livable, and Equitable”; and Whereas, the City Council in 2022 reaffirmed its commitment to sustainability by adopt- ing the specific goal, Livable Neighborhoods and Housing: Great Place to Live”; and Whereas, the Sustainable Dubuque Grant program is the intersection of the City’s goals related to sustainability, equity, viability, partnerships, and the creation of housing, which is livable, affordable, and sustainable; and Whereas, the Sustainable Dubuque Grant program meets the needs of the Dubuque community’s vision for sustainability; and Whereas, efforts which address a Sustainable Dubuque principle and offer a commu- nity engagement activity or community education activity benefit the entirety of the com- munity and the specifically adopted goals of the City Council; and Whereas, the grant recipient shall create a community orchard in a food desert; and 13 Whereas, the City Council believes it is in the best interest of the City of Dubuque to further sustainability efforts in the community for the benefit of all residents and visitors. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby awards a Sustainable Dubuque Grant to DUBU- QUE TREES FOREVER. Section 2. The City Manager or his designee shall enter into a grant agreement with DUBUQUE TREES FOREVER and shall ensure compliance with the grant agreement pursuant to Iowa Code and the grant award requirements. Passed, approved and adopted this 15th day of April 2024. Brad Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 14. Cities Forward Initiative Charter of Cooperation with Hermosillo, Mexico : Upon mo- tion the documents were received, filed, and approved. 15. Approve Jeffris Foundation Grant Application Submission and Authorize City Man- ager to Execute Grant Agreement and Contract for a Historic Structure Report for Eagle Point Park: Upon motion the documents were received and filed, and Resolution No. 90-24 Authorizing the City Manager to execute an application for Jeffris Foundation Jef- fris Heartland Fund Grant and authorizing the Leisure Services Director and the City Manager to approve the application was adopted. RESOLUTION NO. 90 – 24 AUTHORIZING THE CITY MANAGER TO EXECUTE AN APPLICATION FOR JEF- FRIES FOUNDATION JEFFRIS HEARTLAND FUND GRANT AND AUTHORIZING THE LEISURE SERVICES DIRECTOR AND THE CITY MANAGER TO APPROVE THE APPLICATION Whereas, the City of Dubuque wishes to find matching funds for already budgeted funds to complete a historic structures report for Eagle Point Park; and Whereas, the City of Dubuque proposes to apply for funding through the Jeffries Foun- dation. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Section 1. That the City Manager hereby is authorized and directed to submit an appli- cation for the Eagle Point Park Historic Structures Assessment on behalf of the City of Dubuque. Section 2. That the Leisure Services Director and the City Manager are hereby author- ized to approve the application that is submitted to Jeffries Foundation. Section 3. That the City Manager is hereby authorized and directed to forward said application and resulting standard executed contract to the respective agencies in a timely fashion and as required by the Jeffries. Passed, approved and adopted this 15th day of April 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 14 16. Fleet Fueling System Design of Replacement – Request to Release Request for Proposals: Upon motion the documents were received, filed, and approved. 17. Fleet Maintenance Operations Assessment – Request to Release Request for Pro- posals: Upon motion the documents were received, filed, and approved. 18. Disaster Debris Removal Services: Upon motion the documents were received, filed, and approved. 19. Iowa Land Recycling Program Environmental Covenant: Upon motion the docu- ments were received and filed, and Resolution No. 91 -24 Approving an Iowa Land Re- cycling Program Environmental Covenant on property in the North Port of the Port of Dubuque in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 91 - 24 APPROVING AN IOWA LAND RECYCLING PROGRAM ENVIRONMENTAL COVE- NANT ON PROPERTY IN THE NORTH PORT OF THE PORT OF DUBUQUE IN THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque is the owner of the following described real property located in the North Port of the City of Dubuque, Iowa; Part of Lot 2 of Riverwalk 4th Addition in the City of Dubuque, Iowa, and part of Lots 6, 11 and B of Ice Harbor Development in the City of Dubuque, Iowa, more particularly described as follows: Commencing at the Southeasterly corner of Lot B of Ice Harbor Development in the City of Dubuque, Iowa; Thence North 58 Degrees 58 Minutes 55 Seconds West along the Southerly line of said Lot B a distance of approximately 230.00 feet to a line on the back of an existing sidewalk and the Point of Beginning; Thence North 31 Degrees 01 Minutes 05 Seconds East along said back of sidewalk and its northerly extension a distance of approximately 175.00 feet to a line on the south edge of an existing driveway and its westerly extension; Thence South 58 Degrees 58 Minutes 55 Seconds East along said south edge and westerly extension a distance of approximately 350.00 feet to a line on the easterly edge of an existing parking lot and its northerly extension; Thence South 31 Degrees 01 Minutes 05 Seconds West along said easterly edge and northerly extension a distance of approximately 425.00 feet to a point on the southerly edge of an existing parking lot; Thence North 58 Degrees 58 Minutes 55 Seconds West along said southerly edge a distance of approximately 195.00 feet; Thence North 27 Degrees 28 Minutes 40 Seconds West a distance of approximately 181.80 feet to a point on the back of an existing sidewalk and its southerly exten- sion; Thence North 31 Degrees 01 Minutes 05 Second East along said back of sidewalk and southerly extension a distance of approximately 155.00 feet to the point of beginning, containing 3.25 acres, more or less as shown on the attached exhibits; and 15 Whereas, the Iowa Department of Natural Resources has requested the City of Dubu- que approve the attached Iowa Land Recycling Program Environmental Covenant shown on the attached exhibit; and Whereas, the City Council finds that it is in the best interests of the City of Dubuque to approve the Iowa Land Recycling Program Environmental Covenant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The Iowa Land Recycling Program Environmental Covenant is hereby ap- proved. Section 2. The City Manager is authorized and directed to sign the Iowa Land Recy- cling Program Environmental Covenant on behalf of the City of Dubuque and to take such actions as are necessary to carry out the terms of the Iowa Land Recycling Program Environmental Covenant. Section 3. The City Clerk is directed to record Iowa Land Recycling Program Environ- mental Covenant in the Office of the Dubuque County Recorder. Passed, approved and adopted this 15th day of April 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 20. Approving a First Amendment to a Development Agreement by and between the City of Dubuque and Switch Homes, LLC: Upon motion the documents were received and filed, and Resolution No. 92-24 Approving the First Amendment to Development Agreement by and Between the City of Dubuque, Iowa and Switch Homes, LLC was adopted. RESOLUTION NO. 92 - 24 APPROVING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND SWITCH HOMES, LLC Whereas, the City of Dubuque (City) and Switch Homes, LLC (Developer) previously entered into that certain Development Agreement dated June 20, 2023, with respect to the matters specified therein; and Whereas, the parties desire to further modify the Development Agreement as set out in the First Amendment to Development Agreement; and Whereas, the City Council finds that it is in the interests of the City of Dubuque to approve the First Amendment to Development Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the First Amendment to Development Agreement between the City of Dubuque, Iowa and Switch Homes, LLC, a copy of which is attached hereto, 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 and the City Clerk is au- thorized 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. 16 Passed, approved and adopted this 15th day of April 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 21. Plat of Survey of Splendid Valley Estates: Upon motion the documents were re- ceived and filed, and Resolution No. 93-24 Approving the Final Plat of Splendid Valley Estates, Dubuque County, Iowa was adopted. RESOLUTION NO. 93 - 24 APPROVING THE FINAL PLAT OF SPLENDID VALLEY ESTATES, DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Splendid Valley Es- tates, Dubuque County, Iowa; and Whereas, said Final Plat has been examined by the Zoning Advisory Commission and its approval has been endorsed thereon; and Whereas, said Final 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 0 feet of frontage for Lot 1 on a public street or an approved private street. Section 2. That the Final Plat of Splendid Valley Estates Dubuque County, Iowa is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Final Plat. Passed, approved and adopted this 15th day of April 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 22. Signed Contract(s): Bolton & Menk, Inc. for the Central Avenue and White Street Corridor Traffic Study; J&R Supply, Inc. for the Ring & Lids - Metal Supply. Upon motion the documents were received and filed. 23. Iowa Department of Transportation HMA Resurfacing and PCC Patching Projects Notifications: Correspondence from Jesse Tibodeau, Assistant District Engineer for the Iowa Department of Transportation, providing notification of HMA resurfacing and PCC patching projects within the city. Upon motion the documents were received and filed. 24. Civil Service Commission Certified List - Police Officer: Upon motion the documents were received, filed, and made a matter of record. April 10, 2024 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position 17 of Police Officer was administered on February 24, 2024. We, The Civil Service Commis- sion, hereby certify that the individuals listed below have passed the written examination or are using a valid transfer score and any vacancies for the position 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. Marcus Leitzen, 5. Camerin McClain, 6. John Michel – Transfer Score, 7. Melissa Seaman – Transfer Score, 8. Jaycob Thompson – Transfer Score Respectfully Submitted, /s/ Danial White Civil Service Commissioner 25. Approval of Retail Alcohol Licenses: Upon motion the documents were received and filed, and Resolution No. 94-24 Approving applications for retail alcohol licenses, as re- quired by City of Dubuque Code of Ordinances Title 4 Business and License Regula- tions, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 94-24 APPROVING APPLICATIONS FOR RETAIL ALCOHOL LICENSES, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQUOR, BEER AND WINE LICENSES AND PERMITS 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 Posh Lounge 900 Central Ave. Renewals Backpocket Dubuque 333 E 10th St. Suite A Bunker Hill Golf Course 2200 Bunker Hill Rd. Catfish Charlie's 1630 East 16th St. Clarke University 1550 Clarke Dr. Dubuque Lodge No. 355 2635 Windsor Ave. Foodie Garage Eatery 1046 Central Ave. 18 Ichiban Hibachi Steakhouse & Sushi Bar 3187 University Ave. L. May Eatery 1072 Main St. Loras College Campus Center 1450 Alta Vista St. Marco's Italian American Food 2022 Central Ave. Monks Kaffee Pub 373 Bluff St. Old Chicago Pizza and Taproom 3100 Dodge St. Olive Garden Italian Restaurant 1516 3350 Dodge St. Paro Food Mart 3200 Central Ave. Stone Cliff Winery / Dubuque Star Brew- ery 600 Star Brewery Dr. Suite 100 The Hub 253 Main St. Whiskey River 1070 University Ave. Special Event(s) per Special Event Application Submittal Area Residential Care – 7/11/24 to 7/15/24 650 Bell St. Grassy Open Space Dubuque Jaycees – 5/5/24 to 5/9/24 7th and Jackson St. to 9th and Jackson St. Dubuque Min Street – 6/10/24 to 6/14/24, 7/8/24 to 7/12/24, 8/12/24 to 8/16/24 680 Main St. (Town Clock Plaza) Q Casino – 5/23/24 to 5/27/24, 5/30/24 to 6/3/24, 6/13/24 to 6/17/24, 6/27/24 to 7/1/24, 7/11/24 to 7/15/24, 7/18/24 to 7/22/24, 8/1/24 to 8/5/24, 8/8/24 to 8/12/24, 8/22/24 to 8/27/24, 8/27/24 to 8/31/24, 9/12/24 to 9/16/24, 9/19/24 to 9/23/24 1855 Greyhound Park (Backwater Stage) Passed, approved, and adopted this 15th day of April 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 Wethal. Motion carried 7 -0. 1. Resolution Setting a Public Hearing on a Proposed Development Agreement by and among the City of Dubuque, Iowa, Woodward Communications, Inc., and WHKS & CO., Inc. Providing for the Issuance of Urban Renewal Tax Increment Revenue Grant Obliga- tions Pursuant to the Development Agreement: Upon motion the documents were re- ceived and filed and Resolution No. 95-24 Fixing the date for a Public Hearing of the City Council of the City of Dubuque, Iowa on the Proposed Development Agreement by and among the City of Dubuque, Iowa, Woodward Communications, Inc., and WHKS & Co., Inc., including the proposed issuance of Urban Renewal Tax Increment Revenue Grant 19 Obligations to Woodward Communications, Inc., and providing for the publication of no- tice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 6, 2024 in the Historic Federal Building. RESOLUTION NO. 95-24 FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON THE PROPOSED DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF DUBUQUE, IOWA, WOODWARD COMMUNICATIONS, INC., AND WHKS & CO., INC., INCLUDING THE PROPOSED ISSUANCE OF URBAN RE- NEWAL TAX INCREMENT REVENUE GRANT OBLIGATIONS TO WOODWARD COM- MUNICATIONS, INC., AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, Woodward Communications, Inc. (Developer) is the owner of the following described real property: Parcel 1025201010: Lot 4, Lot 2 of Lot 5, Lot 1 of Lot 1 of Lot 5, all in Lorimer’s Subdivision, and Lot A of Vacated West Ninth Street, in the City of Dubuque, Iowa, according to the recorded plats thereof Parcel 1025201012: Lot 2 of Lot 1 of Lot 5, Lot 6, Lot 7, Lot 8 and the East 50 feet of Lot 9, all in Lorimer’s Subdivision; Lot 1 of the Subdivision of Lots 654 and 688, in the City of Dubuque, Iowa, according to the recorded plats thereof (the Property); and Whereas, WHKS & CO., Inc (Employer) requires property for its operations and has entered into a Lease Agreement with Developer for a part of the Property; and Whereas, City, Developer, and Employer have entered into a Development Agree- ment, subject to the approval of the City Council, pursuant to which Developer will reno- vate the Property including certain Improvements described in the Development Agree- ment; 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 Woodward Communications, Inc., referred to therein as Urban Renewal Tax Increment Revenue Grant Obligations, for Developer’s obligations to con- struct the Minimum Improvements and Employer’s obligations to create and maintain em- ployees, payable from the tax increment revenues collected in respect of the Minimum Improvements to be constructed by Woodward Communications, Inc. in accordance with the Development 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 20 hearing on the City Council’s intent to approve the proposed Development Agreement, to be held on the 6th day of May 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 Eco- nomic Development District, consisting of the funding of economic development grants to Woodward Communications, Inc., 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 Revenue obligations will be approximately $340,000. 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 disposal of the City’s interest in the Property and the issuance of said obligations. Section 4. That the Notice of the proposed action shall be in substantially the form attached hereto. Passed, approved and adopted this 15th day of April, 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Set Public Hearing for Disposition of City-Owned Lot at 627 Rhomberg Avenue: Upon motion the documents were received and filed and Resolution No. 96 -24 Intent to dispose of an interest in City of Dubuque real estate to Karl Williams, setting a time and place for hearing, and providing for the publication of notice thereof was ado pted setting a public hearing for a meeting to commence at 6:30 p.m. on May 6, 2024 in the Historic Federal Building. RESOLUTION NO. 96-24 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE TO KARL WILLIAMS, SETTING A TIME AND PLACE FOR HEARING, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) owns 627 Rhomberg Avenue (the Property) legally described as: Lot 2 of Lot 1 of Lot 35 in Cook’s Addition to the City of Dubuque, Iowa, according to the recorded plat thereof; and Whereas, the City acquired the property through petition for title to abandoned prop- erty; and Whereas, it is the recommendation of the Housing and Community Development De- partment to approve the purchase agreement for the sale to Karl Williams according to the terms and conditions set out in the purchase agreement 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 City of Dubuque, Iowa, proposes to approve the purchase 21 agreement of the above-described real estate to Karl Williams. Section 2. That the City Council shall conduct a public hearing on the proposed pur- chase agreement in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa on the 6th day of May 2024, beginning at 6:30 PM. Section 3. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing in the form attached hereto, according to law. Passed, approved, and adopted this 15th day of April 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk PUBLIC HEARINGS 1. Request to Rezone 2529 Marywood Drive: Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Wethal. Plannin g Services Director Wally Wernimont pro- vided a staff report. Dakota Schilling, 12346 Swiss Valley Rd., introduced himself as the applicant and Sheri Kubly, 679 Bluff St., introduced herself as the property’s realtor and summarized the inspections that have occurred on the property. Responding to a ques- tion from the City Council, Mr. Wernimont stated that a conditional use permit for an ac- cessory dwelling is the more expensive option for achieving the applicants’ goals, hence why the applicant requested the rezoning instead. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 8-24 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by re- classifying hereinafter described property from R-1 Single-Family Residential to R-2 Two- Family Residential. Seconded by Farber. Motion carried 7-0. ORDINANCE NO. 8 - 24 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY FROM R-1 SINGLE-FAMILY RESIDENTIAL TO R-2 TWO-FAMILY RESI- DENTIAL 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 R-1 Single-Family Residential to R-2 Two-Family Residential, to wit: LOT 7 Block 21 Clover Hills Subdivision, and to the centerline of the adjacent right- of-way, 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 15th day of April, 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 22 2. Unified Development Code Amendment Removing Off-Street Parking Requirements in the Jackson Park and Cathedral Historic Districts: Motion by Roussell to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Sprank. Planning Services Director Wally Werni- mont provided a staff report. Motion carried 7-0. Motion by Rousell for final consideration and passage of Ordinance No. 9-24 Amend- ing Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by Amending Articles 16-5-3-5 (R-1), 16-5-4-5 (R-2a), 16-5-5-5 (R-3), 16-5-6-5 (R-4), 16-5- 7-5 (Or), 16-5-8-5 (OS), 16-5-9-5 (OC, 16-5-10-5 (C-1), 16-5-11-2 (C-2), And 16-5-13-5 (C-3) by Removing the Off-Street Parking Requirement for properties located within the Jackson Park and Cathedral Historic Districts. Seconded by Sprank. Motion carried 7-0. ORDINANCE NO. 9 - 24 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY AMENDING ARTICLES 16-5-3-5 (R-1), 16-5-4-5 (R- 2A), 16-5-5-5 (R-3), 16-5-6-5 (R-4), 16-5-7-5 (OR), 16-5-8-5 (OS), 16-5-9-5 (OC), 16-5- 10-5 (C-1), 16-5-11-2 (C-2), AND 16-5-13-5 (C-3) BY REMOVING THE OFF-STREET PARKING REQUIREMENT FOR PROPERTIES LOCATED WITHIN THE JACKSON PARK AND CATHEDRAL HISTORIC DISTRICTS 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 Chapters 16-5-3-5 (R-2), 16-5-4-5 (R-2A), 16-5-5-5 (R-3), 16-5-6-5 (R-4), 16- 5-7-5 (OR), 16-5-8-5 (OS), 16-5-9-5 (OC), 16-5-10-5 (C-1), 16-5-11-5 (C-2), and 16-5-13- 5 (C-3), are hereby amended as follows: 16-5-3-5 Parking: Minimum parking requirement shall be regulated in conformance with the provisions of Chapter 14 of this title, except for properties located within the Jackson Park and Cathedral Historic Districts where off-street parking is not required. 16-5-4-5 Parking: Minimum parking requirement shall be regulated in conformance with the provisions of Chapter 14 of this title, except for properties located within the Jackson Park and Cathedral Historic Districts where off-street parking is not required. 16-5-5-5 Parking: Minimum parking requirement shall be regulated in conformance with the provisions of Chapter 14 of this title, except for properties located within the Jackson Park and Cathedral Historic Districts where off-street parking is not required. 16-5-6-5 Parking: Minimum parking requirement shall be regulated in conformance with the provisions of Chapter 14 of this title, except for properties located within the Jackson Park and Cathedral Historic Districts where off-street parking is not required. 16-5-7-5 Parking: Minimum parking requirement shall be regulated in conformance with the provisions of Chapter 14 of this title, except for properties located within the Jackson Park and Cathedral Historic Districts where off-street parking is not required. 16-5-8-5 Parking: Minimum parking requirement shall be regulated in conformance 23 with the provisions of Chapter 14 of this title, except for properties located within the Jackson Park and Cathedral Historic Districts where off-street parking is not required. 16-5-9-5 Parking: Minimum parking requirement shall be regulated in conformance with the provisions of Chapter 14 of this title, except that a 25 percent reduction shall be allowed in the OC District for both permitted and conditional uses, and except for properties located within the Jackson Park and Cathedral Historic Districts where off - street parking is not required. 16-5-10-5 Parking: Minimum parking requirement shall be regulated in conformance with the provisions of Chapter 14 of this title, except for properties located within the Jackson Park and Cathedral Historic Districts where off-street parking is not required. 16-5-11-5 Parking: Minimum parking requirement shall be regulated in conformance with the provisions of Chapter 14 of this title, except for properties located within the Jackson Park and Cathedral Historic Districts where off-street parking is not required. 16-5-13-5 Parking: Minimum parking requirement shall be regulated in conformance with the provisions of Chapter 14 of this title, except for properties located within the Jackson Park and Cathedral Historic Districts where off-street parking is not required. 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 immediately upon publication, as provided by law. Passed, approved, and adopted this 15th day of April 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. 2024 Maintenance Dredging Project No. 1 Public Hearing: Motion by Jones to re- ceive and file the documents and adopt Resolution No. 97 -24 Approval of plans, specifi- cations, form of contract, and estimated cost for the 2024 Maintenance Dredging Project No. 1. Seconded by Farber. Motion carried 7-0. RESOLUTION NO. 97 -24 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI- MATED COST FOR THE 2024 MAINTENANCE DREDGING PROJECT NO. 1 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached plans, specifications, form of contract and estimate of total cost for the 2024 Maintenance Dredging Project No. 1 in the estimated amount $287,500.00, are hereby approved. Passed, approved, and adopted this 15th day of April 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Fiscal Year 2025 Budget Adoption: Motion by Farber to receive and file the docu- ments and adopt Resolution No. 98-24 Adoption of Budget and Certification of City Taxes; Resolution No. 99-24 Adopting the City of Dubuque Fiscal Year 2025 Annual Budget; and Resolution No. 100-24 Adopting the City of Dubuque Five Year Capital Improvement Pro- gram. Seconded by Wethal. City Clerk Breitfelder announced that written input was 24 submitted by the following individuals: Robert Bennett, 1636 Jackson St.; Annie Flana- gan, 335 N Booth St.; Danielle Taylor, 90 Main St.; Frank Belcastro, 285 North Grandview Ave.; Shirley A. Healy, 3895 Short St.; Sandy Hockenberry, 1015 W 3rd St.; Nicholl as Zimmerman, 1193 Highland Place; MagDahlia Zimmerman, 1193 Highland Place; Larry Zimmerman, 1193 Highland Place; Marilyn Gorun, 3113 Pasadena Ct, Unit 32; Sue McTaggart, 1163 Highland Place; Evelyn Nadeau, 663 Fenelon Place; Kalee Kerper, 1717 Kane St.;, Apt. 43; Paul Schultz, 1040 Carmel Dr.; Briana Moss, 2520 Marywood Dr.; Veronica McAvoy, 125 West 9th St.; Dorothy Schwendinger, 3390 Windsor Ave.; Kimberly Stedwell, 1860 Hale St.; Heidi Zull, 1530 Jackson St.; Jeffrey Robbins, 629 Groveland Place; Andrea Bixler, 485 Arlington St.; and John Klostermann. City Council Members expressed support for the budget and the proposed rate increase, citing cost increases and staffing needs. Motion carried 7-0. RESOLUTION NO. 99 - 24 ADOPTING THE CITY OF DUBUQUE FISCAL YEAR 2025 ANNUAL BUDGET NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the annual budget for the fiscal year ending June 30, 2025, as set forth in the Adoption of Budget and Certification of Taxes and supporting state budget forms showing the revenue estimates and appropriation expenditures and allocations to pro- grams and activities for said fiscal year, is adopted as amended. Section 2. The Chief Financial Officer is directed to make the filings required by law. Passed, approved and adopted this 15th day of April 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 100 - 24 ADOPTING THE CITY OF DUBUQUE FIVE YEAR CAPITAL IMPROVEMENT PRO- GRAM Whereas, a recommended five-year Capital Improvement Program for the period be- ginning July 1, 2024, and ending June 30, 2029, for the City of Dubuque has been pre- pared and submitted to the City Council; and Whereas, the five-year Capital Improvement Program describes specific capital im- provement projects, provides estimated costs for those projects, proposes sources of funds for each of them, and schedules the year during which each project will be under- taken; and Whereas, the capital improvement projects for the first year are included in the Fiscal Year 2025 budget for the City of Dubuque; and Whereas, the five-year Capital Improvement Program will be reconsidered annually by the City Council and appropriately revised; and Whereas, the adoption of the five-year Capital Improvement Program is a prudent measure to provide continuity of programs and is in the best interest of the City of Dubu- que. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the five-year Capital Improvement Program for the period beginning FISCAL YEAR JULY 1, 2024 - JUNE 30, 2025 ADOPTION OF BUDGET AND CERTIFICATION OF CITY TAXES The City of : DUBUQUE County Name: DUBUQUE COUNTY Adopted On: April 15, 2024 Resolution: 98 - 24 The below - signed certifies that the City Council, on the date stated above, lawfully approved the named resolution adopting a budget for next fiscal year, as summarized on this and the supporting pages. Attached is Long Term Debt Schedule Form 703 which lists any and all of the debt service obligations of the City. With Gas & Electric Without Gas & Electric City Number: 31 - 288 Last Official Census: 59,667 Regular 2a 2,837,887,310 2b 2,768,051,830 DEBT SERVICE 3a 3,480,398,093 3b 3,410,562,613 Ag Land 4a 3,420,763 Consolidated General Fund Levy Calculation CGFL Max Rate CGFL Max Dollars Non - TIF Taxable w/ G&E Taxable Growth % FY 2024 Budget Data 8.10000 21,744,505 2,684,506,784 5.71 Limitation Percentage 2 CGFL Max Rate CGFL Max Dollars Revenue Growth % Max Allowed CGFL for FY 2025 7.94118 22,536,174 3.64 TAXES LEVIED Code Sec. Dollar Limit Purpose ENTER FIRE DISTRICT RATE BELOW (A) Request with Utility Replacement (B) Property Taxes Levied (C) Rate 384.1 7.94118 Consolidated General Fund 5 22,536,174 21,981,598 43 7.9411 8 Non - Voted Other Permissible Levies 384.12( 1) 0.95000 Opr & Maint publicly owned Transit 7 1,961,488 1,913,222 45 0.6911 8 384.12( 2) 0.27000 Aviation Authority (under sec.330A.15) 11 0 49 0.0000 0 384.12( 3) Amt Nec Liability, property & self insurance costs 14 1,440,514 1,405,063 52 0.5076 0 384.12( 5) Amt Nec Support of a Local Emerg.Mgmt.Comm. 462 0 465 0.0000 0 Voted Other Permissible Levies 28E.22 1.50000 Unified Law Enforcement 24 0 62 0.0000 0 Total General Fund Regular Levies (5 thru 24) 25 25,938,176 25,299,883 384.1 3.00375 Ag Land 26 10,276 10,275 63 3.0037 5 Total General Fund Tax Levies (25 + 26) 27 25,948,452 25,310,158 Do Not Add Special Revenue Levies 384.6 Amt Nec Police & Fire Retirement 29 0 0.0000 0 Amt Nec FICA & IPERS (if general fund at levy limit) 30 1,995,236 1,946,134 0.7030 7 Rules Amt Nec Other Employee Benefits 31 0 0.0000 0 Subtotal Employee Benefit Levy (29,30,31) 32 1,995,236 1,946,134 65 0.7030 7 Valuation 386 As Req With Gas & Elec Without Gas & Elec SSMID 1 (A) 0 (B) 0 34 0 66 0.0000 0 SSMID 2 (A) 0 (B) 0 35 0 67 0.0000 0 SSMID 3 (A) 0 (B) 0 36 0 68 0.0000 0 SSMID 4 (A) 0 (B) 0 37 0 69 0.0000 0 SSMID 5 (A) 0 (B) 0 555 0 565 0.0000 0 SSMID 6 (A) 0 (B) 0 556 0 566 0.0000 0 SSMID 7 (A) 0 (B) 0 117 7 0 117 9 0.0000 0 SSMID 8 (A) 0 (B) 0 118 5 0 118 7 0.0000 0 Total Special Revenue Levies 39 1,995,236 1,946,134 384.4 Amt Nec Debt Service Levy 76.10(6) 40 290,069 284,236 70 0.0833 4 384.7 0.67500 Capital Projects (Capital Improv. Reserve) 41 0 71 0.0000 0 Total Property Taxes (27+39+40+41) 42 28,233,757 27,540,528 72 9.9263 7 COUNTY AUDITOR - I certify the budget is in compliance with ALL the following: Budgets that DO NOT meet ALL the criteria below are not statutorily compliant & must be returned to the city for correction. 25 July 1, 2024, set out in the Fiscal Year 2025 -2029 Recommended Capital Improvement Budget, is hereby approved and adopted as allocation of City resources for capital im- provements as scheduled in the years shown, subject to annual review and revision. Passed, approved and adopted this 15th day of April 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk ACTION ITEMS 1. Fiscal Year 2025 Planning Services Department – Increased Fees: Motion by Jones to receive and file the documents and adopt Resolution No. 101 -24 Rescinding Resolu- tion No. 87-23, Establishing a Schedule of Development Services Fees, and adopting in lieu thereof a New Schedule of Development Services Fees as provided in Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code. Seconded by Wethal. Motion carried 7-0. RESOLUTION NO. 101 - 24 RESCINDING RESOLUTION NO. 87-23, ESTABLISHING A SCHEDULE OF DEVEL- OPMENT SERVICES FEES, AND ADOPTING IN LIEU THEREOF A NEW SCHEDULE OF DEVELOPMENT SERVICES FEES AS PROVIDED IN TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE Whereas, the City Council of the city of Dubuque, Iowa establishes by resolution cer- tain fees for development services pursuant to the Unified Development Code, pursuant to the attached schedule of Development Services Fees for the Planning Services De- partment. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Resolution No. 87-23 and its Schedule of Fees is hereby rescinded effective July 1, 2024. Section 2. That the attached Fee Schedule for the Planning Services Department is hereby approved. Section 3. That the attached Fee Schedule shall take effect on July 1, 2024. Passed, approved and adopted this 15th day of April 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Establishing Water Rates under City of Dubuque Code of Ordinances for Fiscal Year 2025: Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Wethal. Mo- tion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 10 -24 Estab- lishing City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 1 Water Use and Service, Article C Rates, Section 13 -1C-1(A) Fixing Water Rates for Residential, Commercial, Industrial, and all other uses; and Ordinance No. 11 -24 Establishing the City of Dubuque Code of Ordinances Title 13 Public Utilities Chapter 1 Water Use and Service, 26 Article C Rates Section 13-1C-2 Fixing Water Rates for Fire Sprinkler Service. Seconded by Wethal. Motion carried 7-0. ORDINANCE NO. 10-24 ESTABLISHING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES, CHAPTER 1 WATER USE AND SERVICE, ARTICLE C RATES, SECTION 13-1C-1(A) FIXING WATER RATES FOR RESIDENTIAL, COMMERCIAL, INDUS- TRIAL, AND ALL OTHER USES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 13-1C-1(A) of the City of Dubuque Code of Ordinances, is hereby unchanged, and shall read as follows: Section 13-1C-1A: Residential, Commercial, Industrial and All Other Uses. A. Rates Established: The rates to be charged for water for residential, commercial, industrial and all other uses and purposes by any person, firm or corporation within the city shall be based on units of one hundred cubic feet (748 gallons) or per gallon as fol- lows: Monthly Consumption Charge per (in Hundreds of Cubic Feet) Hundred Cubic Feet First 30 $4.91 Next 120 $3.99 Next 350 $3.71 Next 500 $3.27 Over 1,000 $2.90 Monthly Consumption Charge per (in Gallons) Gallon First 22,440 $0.00651 Next 89,760 $0.00534 Next 261,800 $0.00497 Next 374,000 $0.00439 Over 748,000 $0.00384 Rates shall be subject to the following minimum monthly charge according to the size of the meter: Meter Size Monthly Consumption Monthly Consumption Minimum Charge Inches (In Hundreds of Cubic Ft.) (In Gallons) 5/8 2 1,496 $9.74 3/4 5 3,740 $24.35 1 8 5,984 $38.96 1 1/2 26 19,448 $126.61 2 46 34,408 $209.99 3 106 79,288 $449.65 4 168 125,664 $692.32 27 6 368 275,264 $1,435.83 8 625 467,500 $2,337.01 A property owner shall pay a $50.00 disconnect fee for water service that is discon- nected by the city for a meter not in service. When a tenant account is subject to dis- connection due to delinquency, the tenant shall pay the $50.00 disconnect fee. A $50.00 service call fee shall be changed to property owners or tenant account for those service calls that are determined to be related to customer negligence. A $8.90 minimum monthly charge shall be assessed for meters not in service. Section 2. This Ordinance shall take effect July 1, 2024. Passed, approved and adopted this 15th day of April 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk ORDINANCE NO. 11-24 ESTABLISHING THE CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES CHAPTER 1 WATER USE AND SERVICE, ARTICLE C RATES SECTION 13-1C-2 FIXING WATER RATES FOR FIRE SPRINKLER SERVICE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 13-1C-2 of the City of Dubuque Code of Ordinances is hereby un- changed, and shall read as follows: Section 13-1C-2: Fire Sprinkler Service. Customers who have fire sprinkler service shall be billed for this service on a monthly basis. The monthly charge shall be as follows: CURRENT NUMBER OF HEADS MONTHLY CHARGES Up to 200 (minimum) $29.85 200-299 $35.83 300-399 $41.72 400-599 $47.76 600-799 $53.67 800 -999 $59.68 1,000 - 1,199 $65.67 1,200 - 1,399 $71.57 1,400 - 1,599 $77.55 1,600 - 1,799 $83.53 1,800 - 1,999 $89.44 2,000 - 2,199 $95.44 2,200 - 2,399 $101.40 2,400 - 2,599 $107.39 2,600 - 2,799 $113.34 2,800 - 2,900 $119.46 3,000 - 3,499 $125.26 Over 3,500* $5.95 *(for each additional 500 heads or fraction thereof) 28 Section 2. This Ordinance shall take effect July 1, 2024. Passed, approved and adopted this 15th day of April 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Establishing Sanitary Sewer Rates under City of Dubuque Code of Ordinances for Fiscal Year 2025: Motion by Roussell to receive and file the documents and that the re- quirement 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. 12-24 City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 2 Sewers and Sewage Disposal, Article C Rates, Section 13-2C-3 rates established for Fiscal Year 2025. Se- conded by Sprank. Motion carried 7-0. ORDINANCE NO. 12-24 CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES, CHAP- TER 2 SEWERS AND SEWAGE DISPOSAL, ARTICLE C RATES, SECTION 13-2C-3 RATES ESTABLISHED FOR FISCAL YEAR 2025 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 13-2C-3 of the City of Dubuque Code of Ordinances reads as fol- lows: 13-2C-3: RATES ESTABLISHED: Contributors whose property lies within the cor- porate limits of the city, except as otherwise provided in this article, shall pay to the city at the same time payment for water services is made, a sewer service charge com- puted on water consumption on the following rates: . . . . B. Schedule of Rates: Rate per each 100 cubic feet $6.83 Rate per each gallon 0.0091 C. Service Charge: . . . . 7. Where the quantity of water consumed is such that the minimum of service is charged, the minimum sewer service charge, according to the size of the meter, shall be as follows: Meter Size (Inches) Minimum Charge Allowance (Cubic Ft.) Allowance (Gals.) 5/8 $13.67 200 1496 3/4 $34.16 500 3740 1 or larger $54.66 800 5984 Section 2. This Ordinance shall take effect on the 1st day of July 2024. Passed, approved, and adopted this 15th day of April 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 29 4. Establishing Solid Waste Rates and Additional Proposed Revisions under City of Dubuque Code of Ordinances for Fiscal Year 2025 : Motion by Roussell to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Wethal. Motion carried 7-0. Motion by Roussell for final consideration and passage of Ordinance No. 1 3-24 Amending City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 6 Solid Waste. Seconded by Wethal. Motion carried 7-0. ORDINANCE NO. 13 - 24 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILI- TIES, CHAPTER 6 SOLID WASTE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Title 13, Chapter 6 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 13-6-1: DEFINITIONS: For the purpose of this chapter the following definitions shall apply: BUILDING MATERIALS: Any material such as lumber, floor coverings, brick, plaster, sheet metal or any other substances accumulated as a result of repairs or additions to existing buildings, construction of new buildings or demolition of existing structures. BULKY ITEM(S): Any items that do not fit into a city-issued refuse cart and that are larger than three feet by two feet or weigh more than 40 pounds. CLASS I PREMISES: Shall mean and include the following properties in the City of Dubuque: • Single-family dwellings. • Multiple-family dwellings up to and including six (6) dwelling units. • Dwelling units in business or commercial premises. • Where two (2) or more laterally connected or joined dwelling units, including con- dominiums, townhouses, and row houses, in which each dwelling unit has sepa- rate access and utility service, each dwelling unit shall constitute a single -family dwelling. CLASS II PREMISES: • Residential premises other than Class I residential premises, located in the City of Dubuque, including: • Dwellings in trailer courts. • Schools, colleges, churches, convents, nursing homes, rooming houses and other semiprivate institutions; and • Multiple-family dwellings exceeding six (6) dwelling units. CLASS III PREMISES: All business and commercial premises located in the City of Dubuque, including that part of a residential premises with a business or commercial use. DWELLING: Shall mean and include any building or portion thereof containing one or more dwelling units. DWELLING UNIT: Shall mean and include one or more connected rooms having 30 complete kitchen facilities and arranged, designed, or used as living quarters for one family only. FOOD SCRAPS: Solid, semisolid, and liquid animal and vegetable residuals resulting from the handling, preparing, cooking, storing, serving and consuming of food. GARBAGE: All solid and semisolid, putrescible animal and vegetable wastes result- ing from the handling, preparing, cooking, storing, serving and consuming of food or of material intended for use as food, and all offal, excluding useful industrial byprod- ucts, and shall include all such substances from all public and private establishments and from all residences. HAZARDOUS WASTES: Waste materials, including, but not limited to, poisons, pes- ticides, herbicides, acids, caustics, biohazardous wastes, flammable or explosive ma- terials and similar harmful wastes which require special handling, and which must be disposed of in such a manner as to conserve the environment and protect the public health and safety. ORGANIC WASTE: Any biodegradable waste material originating from plants, ani- mals, or other natural sources that can be decomposed or broken down into simpler organic compounds through biological processes. This includes but is not limited to food scraps, yard waste, paper products, and other biodegradable materials. Organic waste does not include materials such as plastics, metals, or glass which do not read- ily decompose under natural conditions. OWNER: In addition to the record titleholder, any person residing in, renting, leasing, occupying, operating, or transacting business in any premises and as between such parties, the duties, responsibilities, liabilities, and obligations hereafter imposed shall be joint and several. PREMISES: A building or part of a building and its grounds located in the City of Dubuque. RECYCLABLE MATERIALS: Materials, as designated by the City of Dubuque and set out in this chapter, which would otherwise become solid waste that can be source separated, collected, processed, and returned to the economic stream in the form of raw materials or products. REFUSE: All landfilled material generated by occupiers of land within the City of Dubuque corporate limits, whether recyclable or nonrecyclable material. SOLID WASTE: Garbage, refuse, rubbish, recyclable materials, organic waste, and other similar discarded solid or semisolid materials, including, but not limited to, such materials resulting from industrial, commercial, agricultural, and domestic activities. Solid waste does not include toxic or hazardous materials. YARD WASTE: Organic materials generated from routine maintenance and land- scaping activities within residential, commercial, or public properties. This includes grass clippings, leaves, branches, shrub trimmings, and other vegetative matter orig- inating from the maintenance of lawns, gardens, and outdoor landscapes. Yard waste does not include materials such as soil, rocks, or construction debris. 13-6-2: DEPOSITS ON OTHER PUBLIC OR PRIVATE PROPERTY: A. Prohibition: No person shall throw, rake, deposit, dump, drop, spill or store (other than the placement of containers for collection as provided herein) any solid waste or toxic and hazardous wastes upon the streets, sidewalks, rights of way or any public or private property within the city. 31 B. Exception: This section shall not apply to junk dealers, auto salvage dealers, pawnbrokers or secondhand dealers licensed under title 4, chapter 6 of this code. 13-6-3: WRAPPING AND DRAINING OF CERTAIN SOLID WASTES: All solid waste consisting of waste animal and vegetable matter which may attract flies, dogs, cats, rodents, and other animals shall be drained of all excess liquid, wrapped in paper or disposable containers, and placed or stored, until collected, in covered suitable containers. 13-6-4: UNLAWFUL ACCUMULATIONS: A. Health Or Sanitation Hazard: It shall be unlawful for any person to permit to ac- cumulate on any premises, improved or vacant, or on any public place in the city, such quantities of solid waste, either in containers or not, that shall constitute a health or sanitation hazard. B. Storage Within Or Close To Buildings: It shall be unlawful for any person to ac- cumulate quantities of refuse, papers, garbage, ashes or other solid waste within or close to any building in the city, unless the same is stored in containers in such a manner as not to create a health or fire hazard. 13-6-5: STORAGE AND ACCUMULATION RESTRICTED: A. Within the corporate limits of the city, all garbage or refuse consisting of waste animal or vegetable matter upon which rats may feed, and all small dead animals, shall be placed and stored until collected in covered metal containers of a type prescribed by the health officer. B. Dumping On Premises Or Waterways Prohibited: It is unlawful for any person to dump or place on any premises, land or waterway, any dead animals, or any waste vegetable or animal matter of any kind. C. Providing Harborage For Rats: It shall be unlawful for any person to place, leave, dump, or permit to accumulate any garbage, rubbish or trash in any building or on any premises, improved or vacant, or on any open lot or alley in the city so that the same shall or may afford food or harborage for rats. D. Lumber And Boxes Placed On Elevated Racks: It shall be unlawful for any person to permit to accumulate on any premises, improved or vacant, or on any open lot or alley in the city any lumber, boxes, barrels, bottles, cans, containers or similar material that may be permitted to remain thereon unless same shall be placed on open racks that are elevated not less than eighteen inches (18") above the ground, and evenly piled or stacked. 13-6-6: HAZARDOUS AND PROHIBITED WASTES REGULATED: A. Deposits Prohibited Except For Special Collection: No person shall deposit in a solid waste container or otherwise offer for city collection any hazardous wastes or prohibited wastes, except when a special collection is established by the city manager. B. Transportation By Owner: Hazardous wastes and prohibited wastes shall be transported by the owner to a sanitary disposal project licensed by the Iowa De- partment of Natural Resources to accept such wastes. C. Prohibited Wastes Described: "Prohibited wastes" includes, but is not limited to, waste oils, lead acid batteries and tires. D. The City of Dubuque solid waste collection service will not collect, including but not limited to, the following materials: Industrial waste; oil soaked rags, solvents, 32 liquid paints, acids, chemicals, or other explosive or highly combustible or flam- mable or hazardous materials; caustics, poisons, pesticides or herbicides; radio- active or toxic waste, biomedical waste; liquids, including motor oil; gaseous waste; septage, raw sewage, sludge and industrial process sludge; manure con- taminated hay and straw or animal feces unless properly bagged; carcasses, vis- cera, or entrails of animals, unless properly contained, wrapped, or packaged; hot ashes; and building materials. 13-6-7: VEHICLES HAULING SOLID WASTE: A. Dropping, Sifting Or Leaking Of Load: No person shall haul any solid waste upon the streets, alleys or public places of the city unless the vehicle used for such purpose is so constructed or loaded or the load securely covered as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping or its load covering from dropping from the vehicle, except that materials may be dropped for the purpose of securing traction, or water or other substance may be applied on a roadway in cleaning or maintaining such roadway. B. Sanitary Condition: All vehicles, containers and dumpsters used for the collection and removal of solid waste shall be kept in a clean, inoffensive, and sanitary con- dition. All solid waste shall be handled in such a way as to prevent the scattering, spilling or leakage of same. 13-6-8: USE OF STATE APPROVED DUMP SITE OR DISPOSAL PROJECT: A. State Licensed Project: No person shall haul or cause to be hauled any solid waste to any sanitary disposal project, dump site or any other area unless such disposal project, dump site or other area is licensed by and in full compliance with all regulations in the state in which it is located. B. Filling Or Excavating; Permit Required: No person shall use dirt, stone, brick, concrete or similar inorganic material for fill, landscaping, excavation or grading without first obtaining a building permit, if required by other provisions of this code, and only in conformance with all provisions of the zoning and subdivision ordinances of this code. ARTICLE A. CITY OR PRIVATE COLLECTION SERVICE 13-6A-1: CITY MANAGER'S AUTHORITY GENERALLY: The City Manager, or designee, is hereby authorized and directed to employ City owned vehicles and equipment and the necessary operating personnel to collect refuse, recyclable materials, organic waste, and bulky items and to collect fees and administer the program as provided for in this article in the City, upon the terms and conditions of this article. 13-6A-2: AVAILABILITY OF COLLECTION SERVICE: A. Collection service is provided within to City residents and businesses as de- scribed in this Chapter. The City Manager may consider requests for service out- side of city limits, at the City Manager's sole discretion. B. Class I Premises: City solid waste collection services shall be mandatory. C. Class II Premises: Class II premises not serviced by City solid waste collection services may apply to the City Manager for such collection services. D. Class III Premises: Class III premises not serviced by City solid waste collection services may apply to the City Manager for such collection services. E. Recycling Services: Class II premises not serviced by City solid waste collection 33 services and Class III premises may apply to the City Manager for such recycling services. F. Refusal Of Service: The City Manager may refuse solid waste collection services or recycling services because of quantities or characteristics beyond the capacity or capability to be handled efficiently or safely by City personnel and equipment. 13-6A-3: REFUSE COLLECTION SERVICE: A. All City of Dubuque solid waste customers shall use a city-issued cart for collec- tion. The base rate gives access to a 35 -gallon tipper cart for weekly refuse col- lection. B. In cases where a customer may choose multiple refuse carts or a cart larger than the base rate 35-gallon cart, the customer may choose from three additional cart sizes of forty-eight (48), sixty-four (64), or ninety-six (96) gallons. C. Excess Refuse: Official City of Dubuque single-use refuse stickers shall be ap- plied to each additional standard 35-gallon solid waste container, bag, or small item (not exceeding 3 feet by 2 feet or heavier than 40 pounds) which does not fit in the subscribed cart. D. Electronics or items larger than 3 feet by 2 feet or heavier than 40 pounds must be scheduled as a bulky item pick-up. E. The City Manager may require additional cart capacity if the subscribed cart is insufficient. The City shall notify the applicable account holder in writing of the additional capacity requirement, deliver the larger cart, and adjust the monthly bill. F. All refuse placed into City-issued carts must be in tied bags. G. Except for Class II premises, biomedical waste shall be placed in suitable con- tainers separately from all other solid waste. Sharp objects, such as hypodermic needles, syringes, and lancets, shall be securely contained in hard plastic or metal disposable containers with screw-on or tightly secured lids for collection. Other biomedical waste, such as soiled bandages, disposable sheets, and med- ical gloves, shall be placed in thick disposable plastic bags or shall be double - bagged. H. Glass and similar materials shall be placed in puncture-resistant boxes and se- curely closed. 13-6A-4: RECYCLING COLLECTION SERVICE: A. One City owned curbside recycling container shall be provided by the City to each dwelling for the collection of recyclable materials. If additional recycling capacity is needed, a second container may be issued. B. The following types of solid waste are curbside recyclable materials: Rigid plas- tics with a recycling symbol between #1 – 5, Paper/cardboard/newspaper, and metal materials (such as cans, clean foil, pans). C. When a customer’s recycling container is frequently contaminated with nonrecy- clable material and violations persist, the City may remove the container and stop the weekly collection. 13-6A-5: ORGANIC WASTE COLLECTION SERVICE: A. All organic waste shall be separated from all other solid waste and shall be com- posted on the premises or placed in yard waste collection containers for collec- tion. 34 B. Any premises composting on site shall maintain all compost piles in accordance with Title 6, Chapter 4 of this Code. C. Organic waste shall be collected according to the schedule established by the City Manager. D. The following materials may be collected curbside: branches and tree limbs - less than 5 feet long (must be bundled), flowers and potted plants (no pots), food scraps - fruit and vegetables, peels, pits, coffee grounds, eggshells, bread, and grain products, grass clippings, leaves, plants, weeds, brush, natural Christmas trees, and non-wax coated paper products. E. Preparation Of Organic Waste: Organic waste collected by the City shall be placed in biodegradable paper bags no more than 35-gallons, bundled branches, privately owned 35-gallon containers, subscribed city-issued 64-gallon organic waste carts, or subscribed city issued 13-gallon organic waste carts. F. Organic waste set-out in a biodegradable paper bag requires single use stickers. The bags shall be no more than 35-gallon capacity, minimum two-ply weatherized material, and designed for yard waste collection capacity. G. Disposable organic waste bags shall not exceed 40 pounds without tearing or falling apart. Cardboard boxes or plastic bags shall not be used for organic waste collection. H. Organic waste set out in privately owned 35-gallon cans require a single-use yard waste sticker or an annual decal. 13-6A-6: BULKY ITEM COLLECTION SERVICE: A. No person shall place bulky items that are larger than 3 feet by 2 feet in diameter or weigh over 40 pounds out for collection except in accordance with the provi- sions of this chapter. B. Premises receiving City solid waste collection service are eligible to set out bulky items for collection provided the customer schedules in advance of their collec- tion. Items which are placed out for collection which have not been previously scheduled for collection will not be collected and the property owner shall be re- sponsible for their removal. 13-6A-7: FREQUENCY, TIME, AND AREAS OF COLLECTION: A. Frequency And Time Of Collection: Collections shall be made not more than once weekly at such time and in such areas of the City as shall be determined and set out in schedules prepared by the City Manager in accordance with the provisions of this article. All collections shall be made between the hours of 6:00 A.M. and 9:00 P.M. B. Collection Schedule: The collection schedule shall not include official City holi- days unless otherwise determined by the City Manager. However, a Saturday may be substituted as the collection day to replace the collection which would otherwise be made on the day of the week the holiday occurs. C. Authority To Change Schedule: The City Manager is hereby authorized and em- powered to change or amend the collection schedules from time to time as the City Manager may deem necessary. 13-6A-8: STORAGE, CONTAINMENT, AND SET-OUT LOCATIONS OF SOLID WASTE: A. Alleys: Where collections are made from alleys, solid waste containers shall 35 be placed in one location for each dwelling, in clear view and at the owner's property line abutting the alley and on the days designated. B. Streets: Where collections are made from the street, solid waste containers shall be placed in one location for each dwelling, in clear view and in the street right- of-way on the owner's property side of the curb and on the days designated in said schedule. Such containers shall be placed so as not to interfere with vehicular and pedestrian traffic and when emptied shall be promptly removed by the owner. C. Time Limit For Placement Of Containers On Streets: No person shall place solid waste or recycling at the street for collection more than 24 hours before the scheduled collection day. No person shall leave solid waste containers or recycling containers at the street for more than 24 hours after the scheduled collection day. All solid waste shall be placed at the designated collection location for City col- lection by 6:00 A.M. on the scheduled collection day. D. Duty When Solid Waste Not Collected: Any solid waste not in compliance with this chapter shall not be collected by the City and shall be removed by the owner within 24 hours after the scheduled collection day and stored in such a manner as not to create a health, safety, or fire hazard. E. Solid waste collection containers stored in the right-of-way for longer than 24 hours after the scheduled collection day may be subject to removal at the property owner's expense. F. The City may make exceptions for the storage and set out of solid waste con- tainers for elderly or disabled persons upon application to the Public Works Depart- ment. G. On collection days, solid waste containers shall be placed in plain view at a point within two feet of the curb or alley line. H. If a customer would like to change the location of the normal set-out for col- lection, it must be approved by the City. I. Containers must have a two-foot radius around each container, and the lid of the container must open toward the street or alley. J. Material not intended for collection shall not be kept on or near the curb or alley line. The city shall not be responsible for any material so placed which is collected for disposal. 13-6A-9: OWNERSHIP OF MATERIALS; UNAUTHORIZED COLLECTING PROHIB- ITED: From the time of placement for collection as provided in section 13-6A-8 of this article, all solid waste and recyclable materials and recycling containers which meet the require- ments of this chapter placed for collection by the City shall become and be th e property of the City and it shall be a violation of this section for any person other than authorized personnel of the City to collect, pick up, or cause to be collected or picked up, any such materials. 13-6A-10: RATES AND CHARGES ESTABLISHED; EXCEPTIONS: A. Refuse. 1. Base Fee and Conditions: A fee of $17.25 per dwelling unit per month shall be paid to the City by the account holder for solid waste collection services. The fee shall be in payment for collection and disposal of one (1) 35 -gallon City owned cart per month per cart. 36 2. Optional Carts: The fee for a 48-gallon solid waste cart shall be $19.31 per month. The fee for a 64-gallon solid waste cart is $23.16 per month per cart. The fee for a 96-gallon solid waste cart is $32.53 per month per cart. 3. Alley Cart Fees: The fee for a 48-gallon solid waste cart is $17.25 per month per cart. The fee for a 64-gallon solid waste cart is $18.76 per month per cart. The fee for a 96-gallon solid waste cart is $26.92 per month per cart. 4. Shared Carts: In multifamily dwellings, where the property owner is the account holder, the owner can opt to using shared 96-gallon carts. Each unit will be billed the basic service, and the number of units will share one or more 96-gallon carts. 5. Single-use Refuse stickers: The fee for a single use refuse sticker shall be $2.00 and shall be applied to each additional standard solid waste container, bag, or small item. 6. A fee of $20.00 shall be paid to the City for each removal of refuse containers from the curb. B. Recycling. 1. For Class II premises not serviced by City solid waste collection services for recycling collection, upon approval of an application for City recycling collection a fee of $7.00 per month per 96-gallon container (or volume equivalence) shall be paid to the City by the property owner of each. 2. A fee of $20.00 shall be paid to the City for each removal of recycling containers from the curb. C. Organic Waste. 1. The fee for single-use brush-tie shall be $1.50 each. 2. The fee for single use stickers shall be $1.50 each. 3. The fee paid to the City by a customer of record with the City for an annual yard waste decal for a privately-owned rigid 35-gallon container shall be $40.00 each. A decal shall only be used by the customer of record with the City who purchased it. 4. The fee paid to the City for subscription to a 64-gallon City-issued organic waste cart shall be $10.00 per cart per month. 5. The minimum fee paid to the City for collection of a scheduled leaf rake out is $20.00 for a forty (40) standard leaf bag equivalent pile of leaves in the parking lane at the curb. 6. A fee of $20.00 shall be paid to the City for each removal of organic waste containers from the curb. D. Bulky Waste. 1. A fee of $13.00 shall be paid by the owner for each time the service is provided for up to the equivalent of three (3) cubic yards of solid waste. 2. An additional fee of $13.00 shall be paid for each additional three (3) cubic yards of solid waste. 3. A fee of $6.00 shall be paid to the City for each tire. 4. A fee of $20.00 shall be paid to the City by the owner for each appliance col- lected in the service (such as stoves, microwaves, dishwashers, refrigerators, and dehumidifiers). 5. A fee of $6.00 shall be paid to the City for metal material that is larger than 2 feet by 3 feet and or heavier than 40 pounds (such as grills, bed rails, exercise 37 bikes). 6. A fee of $20.00 shall be paid to the City for each collection of a TV or monitor. 7. A fee of $6.00 shall be paid to the City for the collection of items with a plug in/chord per pick-up (such as VCR's, computer tower, or computer printer), Ex- cluding TVs and monitors. 8. A fee of $20.00 shall be paid to the City for each collection requested by the for service on a day not receiving weekly collection at the service address in which the collection crew is not in that service area or is not a current weekly solid waste customer of the City. Service Type FY25 Rates Refuse 35-Gallon Cart $17.25 48-Gallon Cart $19.31 64-Gallon Cart $23.16 96-Gallon Cart $32.53 48-Gallon - ALLEY CART $17.25 64-Gallon - ALLEY CART $18.67 96-Gallon - ALLEY CART $26.92 Shared Cart Fee Per Unit $17.25 Single-Use Trash Sticker $2.00 Discount for Income Eligible Customers (see Paragraph F of Section 13-6A-F) ($8.63) Organic Waste Annual Yard Waste Decal $40.00 64-Gallon Cart $10.00 13-Gallon Cart $1.00 Leaf Rake-Out $20.00 Yard Waste Brush Ties $1.50 Single-Use Yard Waste Sticker $1.50 Recycling Recycling Only - Residential & Commercial $7.00 Bulky Items 1 Hopper - 3 Cubic Yd of Refuse $13.00 Tire $6.00 Large Metal Material Pick-Up $6.00 Appliance $20.00 TV and Monitors $20.00 Electronic Pick-Up $6.00 Miscellaneous Off-Route/Non-Customer Fee $20.00 Right-Of-Way Removal Fee $20.00 13-6A-11: CHARGES; BILLING AND COLLECTION: A. City Billing: The City Manager is authorized to bill tenants upon the written request of the property owner and according to a procedure to be established by the City Manager. The property owner in such cases shall provide any information on each tenant's mailing address to aid in the collection of fees for City services. In all cases, the property owner shall remain liable for the payment of all charges required by this chapter. B. Monthly Billing: All accounts shall be billed monthly. The payment of bills is sub- ject to the terms of section 13-1C-4 of this title. 38 C. Unpaid Billing For Class I Premises: The collection of solid waste provided Class I premises and the maintenance of the availability of such service, whether or not such service is used regularly or not at all by the owner of such Class I premises, is hereby declared a benefit to said premises at least equal to the monthly charges specified, and in case of failure to pay the monthly charge when billed as heretofore provided, then the monthly charge shall become a lien against the property benefited or served and shall be collected in the same manner as gen- eral Property Taxes. D. Certify Delinquent Accounts To County Treasurer: It is the duty of the City Treas- urer to certify the actual rates and fees plus the costs of administration to the County Treasurer as provided in section 13-1C-4 of this title and all such costs will constitute a lien against said property and be collected with and in the same manner as general Property Taxes on said property. E. In cases of extreme financial hardship, the City may make adjustments in the monthly collection charges as deemed appropriate. In such cases, the City may require proof of financial status or extreme hardship, as the City may deem nec- essary. F. When resident(s) of a Class I premises meets the HUD "Section 8" guidelines for the size of the household may, upon application to the City Manager or designee, be exempted from one-half (1/2) the established 35-gallon refuse collection ser- vice rate. After the initial application, annual review is required. 13-6A-12: PRIVATE COLLECTION SERVICE: A. License Required: No person shall engage in the business of removing or hauling solid waste from the premises of another person without a license to do so from the City Manager. The issuance of such license shall be in the manner prescribed and subject to the terms of title 4, chapter 1 of this Code. B. Application For License; Fee: Application for such license shall specify the type of equipment and vehicles to be used, the routes to be traveled, the places to be served and the name and residence of the applicant. Such persons shall pay, at the Office of the City Treasurer, an annual license fee of $25.00 per year for each vehicle engaged in such business. C. Display Of License Number On Vehicle: No person shall operate a vehicle li- censed under this section unless the license number is prominently displayed on the lower portion of the driver's side of the windshield in clear view. Such license number shall be affixed to the vehicle not less than five (5) days after the day of issue. D. Separability Of Provisions: It is the intention of the City Council that each sub- section, paragraph, sentence, clause, and provision of this section is separable, and if any provision is held unconstitutional or invalid for any reason, such deci- sion shall not affect the remainder of this section nor any part thereof other than that affected by such decision. Section 2. This ordinance shall take effect July 1, 2024. Passed, approved, and adopted this 15th day of April 2024. Brad Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 39 5. Establishing Stormwater Management Utility Fee Rates under City of Dubuque Code of Ordinances for Fiscal Year 2025: Motion by Jones to receive and file the docu- ments 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. 14-24 Amending City of Dubuque Code of Ordinances Section 13-4-5 (D) SFU Rate, Charges; Utility Rev- enues. Seconded by Farber. Motion carried 7-0. ORDINANCE NO. 14-24 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 13 -4-5 (D) SFU RATE, CHARGES; UTILITY REVENUES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That City of Dubuque Code of Ordinances Section 13 -4-5 is amended to read as follows: (D) The SFU rate to be applied to residential and nonresidential properties shall be $10.50 per SFU. Section 2. This Ordinance shall take effect on the 1st day of July 2024. Passed, approved and adopted this 15th day of April 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 6. Five-Year Street Construction Program for Fiscal Years 2025 -2029: Motion by Sprank to receive and file the documents and adopt Resolution No. 102-24 Adopting the Five-Year Street Construction Program for Fiscal Years 2025 - 2029. Seconded by Wethal. Motion carried 7-0. RESOLUTION NO. 102-24 ADOPTING THE FIVE-YEAR STREET CONSTRUCTION PROGRAM FOR FISCAL YEARS 2025 - 2029 Whereas, a recommended Five-Year Street Construction Program for the Fiscal Year 2025 - 2029 beginning July 1, 2024 and ending June 30, 2029, for the City of Dubuque has been prepared and submitted to the City Council; and Whereas, the Five-Year Street Construction Program: 1) describes specific capital im- provement projects; 2) provides estimated costs for those projects; 3) proposes sources of funding; and 4) schedules the fiscal/calendar year during which each project will be undertaken; and Whereas, the capital improvement projects for the first year of such five -year program are included in the Fiscal Year 2025 budget; and Whereas, the adoption of the Five-Year Street Construction Program is a prudent measure to provide continuity of programs and is in the best interest of the City of Dubu- que. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Five-Year Street Construction Program for Fiscal Years 2025 – 40 2029 beginning July 1, 2024, set out in the Fiscal Years 2025 – 2029 recommended Cap- ital Improvement Budget, is hereby approved and adopted as the proposed allocation of City resources for capital improvements as scheduled in the years shown, subject to an- nual review and revision. Passed, adopted and approved this 15th day of April 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk COUNCIL MEMBER REPORTS Council Member Wethal reported on the 100th anniversary of Medical Associates. Council Member Jones reported on the Firefighters Association annual dinner . Mr. Jones also reported on attending a ribbon cutting for a transitional living house for men established by the Fountain of Youth Program and Hillcrest Family Services. Council Member Farber reported on attending the University of Dubuque’s annual board meeting and the one-year anniversary of MedOne. Council Member Sprank reported on the Multicultural Family Center’s Celebrate Africa and the Diaspora event. Mayor Cavanagh reported on presenting at an Iowa Department of Transportation commission meeting. Mayor Cavanagh also reported on two upcoming festivals in Dubu- que: The Growing Sustainable Communities Conference and the Julien Dubuque Inter- national Film Festival. CLOSED SESSION Motion by Jones to convene in closed session at 8:37 p.m. to discuss Pending Litiga- tion and Purchase or Sale of Real Estate – Chapter 21.5(1)(c),(j) Code of Iowa. Seconded by Wethal. Mayor Cavanagh stated for the record that the attorney who will consult w ith the City Council on the issues to be discussed in the closed session is City Attorney Brumwell. Motion carried 7-0. The City Council reconvened in open session at 9:48 p.m. stating that staff had been given proper direction. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 9:48 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk