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10 7 24 City Council Proceedings Official Special and Regular1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on October 7, 2024, in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Cavanagh; Council Members Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attorney Brumwell. Mayor Cavanagh read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on the Smart Parking Mobility Man- agement Plan. WORK SESSION Smart Parking Mobility Management Plan Director of Transportation Services Ryan Knuckey introduced Kevin White from Walker Consulting, who together presented the progress of the Smart Parking Mobility Manage- ment Plan. White responded to City Council’s questions on transaction fees, strategies for the system to financially sustain itself, and registration options for parking ramps . In response to a question about data retention timeframes for license plates, White ex- plained that the Information Technology (IT) department had consulted with vendor s to ensure Payment Card Industry (PCI) compliance. Collaboration will occur with the City Attorney’s Office to establish appropriate retention periods. He also noted that users could opt not to store their license plate information in the system. Addressing inquiries about potential updates to city code, White and Knuckey indicated that changes to on -street parking locations and certain rate adjustments would be necessary. Once the contract with the chosen vendor for ramp parking technology is finalized, staff will proceed with the relevant code updates. City Council members voiced their support for the variety of payment options available for parking meters and ramps, as well as the use of data to guide informed decision-making. There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:25 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk 2 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on October 7, 2024, in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Cavanagh; Council Members Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attorney Brumwell. Mayor Cavanagh read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PRESENTATIONS ICMA YSEALI Fellow Introduction: Assistant City Manager Cori Burbach introduced International City/County Management Association (ICMA) Young Southeast Asian Lead- ers Initiative (YSEALI) Fellow May Hadee, who provided a summary of her time in Dubu- que. PROCLAMATIONS 1. Domestic Violence Awareness Month (October 2024) was accepted by Angela Heister on behalf of Waypoint Services. 2. Arts and Humanities Month (October 2024) was accepted by Arts and Cultural Af- fairs Manager Bonnie Spurling on behalf of the Arts and Cultural Affairs Division. 3. Community Planning Month (October 2024) was accepted by the Planning Services Department. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Farber. Motion carried 7-0. 1. Minutes and Reports Submitted: Airport Commission of August 27, 2024; Arts and Cultural Affairs Advisory Commission Minutes of July 23, 2024 and Report of August 27, 2024; City Council Proceedings of September 16, 2024; Historic Preservation Commis- sion of August 15, 2024; Long Range Pla nning Advisory Commission of July 17, 2024; Zoning Advisory Commission of September 4, 2024; Zoning Board of Adjustment of Au- gust 22, 2024; Proof of Publication for City Council Proceedings of August 19, August 20, 3 August 21, August 21, and September 3, 2024. Upon motion the documents were re- ceived and filed. 2. Notice of Claims and Suits: Kira Kieffer and John Liphardt for vehicle damage; Jacob Ludwig for vehicle damage; Dennis Thein for vehicle damage. Upon motion the docu- ments 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: Kira Kieffer and John Liphardt for vehicle damage; Jacob Ludwing for ve- hicle damage; Dennis Thein for vehicle damage. Upon motion the documents were re- ceived, filed, and concurred. 4. Approving Expenditures: Upon motion the documents were received and filed, and Resolution No. 304-24 Authorizing the Chief Financial Officer/City Treasurer to make cer- tain payments of bills that must be paid and approved for payment in accordance with City procedures was adopted. RESOLUTION NO. 304-24 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. 4 Passed, approved, and adopted this 7th day of October 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. North Grandview Avenue Pavement Rehabilitation Project - PROJECT 5521000018: Upon motion the documents were received and filed, and Resolution No. 305-24 Accepting the North Grandview Avenue Pavement Rehabilitation Project and au- thorizing final payment to the contractor was adopted. RESOLUTION NO. 305-24 ACCEPTING THE NORTH GRANDVIEW AVENUE PAVEMENT REHABILITATION PROJECT AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the North Grandview Avenue Pavement Rehabilitation Project (the Project) has been completed by the contractor, Eastern Iowa Excavating and Concrete LLC (Contractor), and the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $382,449.82; and Whereas, the Contractor has previously been paid $363,327.33, leaving a balance of $19,122.49; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Director of Finance and Budget is hereby directed to pay the balance of the retainage of $19,122.49 as provided in Iowa Code chapter 573, and to pay such retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa chapter 26.13. Passed, approved and adopted this 7th day of October 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Acceptance of Grants of Easement for Access and Maintenance as Part of the 2024 SRF Green Alley Project: Upon motion the documents were received and filed, and Res- olution No. 306-24 Accepting Grants of Easement for Access and Maintenance Associ- ated with the 2024 SRF Green Alley Project, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 306-24 ACCEPTING GRANTS OF EASEMENT FOR ACCESS AND MAINTENANCE ASSOCI- ATED WITH THE 2024 SRF GREEN ALLEY PROJECT, IN THE CITY OF DUBUQUE, IOWA Whereas, Phillip M. Brown has executed a Grant of Easement for Access and Mainte- nance across Part of Lot 1 of Lot 2 of the North Middle 1/5 of City Lot 435, in the City of Dubuque, Iowa; and 5 Whereas, Mid-America Property Management, LLC, has executed a Grant of Ease- ment for Access and Maintenance across Part of the Northerly 8 feet 1 inch of the South Middle 1/5, and the Southerly 32' of the Middle 1/5, of City Lot 435, in the City of Dubuque, Iowa, and Part of the North 19.2 feet of Middle one-fifth, and Lot 2 of Lot 2 of North Middle one-fifth, of City Lot 435, in the City of Dubuque, Iowa; and Whereas, Rider Lacey Block, LLC, has executed a Grant of Easement for Access and Maintenance across Part of the South One-Fifth and the South 14 feet of the South Middle One-Fifth of City Lot 440, in the City of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grants of Easement for Access and Maintenance, across the prop- erties as listed above, in the City of Dubuque, Iowa from the property owners as listed above, copies of which are attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution with each said Grant of Easement for Access and Mainte- nance in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 7th day of October 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7. 2024 Boating Infrastructure Tier 1 Grant - Dredge Dubuque Marina: Approve Iowa Department of Natural Resources Subrecipient Grant Agreement: Iowa DNR Agreement No. 25CRDFBGSCHO-0001: USFWS Agreement No. F24AP01981: Upon motion the documents were received and filed, and Resolution No. 307-24 Approving a 2024 Boating Infrastructure Tier 1 Grant Subrecipient Agreement (Agreement No. 25CRDFBGSCHO ‐ 0001) with the Iowa Department of Natural Resources to assist with maintenance dredg- ing at Dubuque Marina was adopted. RESOLUTION NO. 307-24 APPROVING A 2024 BOATING INFRASTRUCTURE TIER 1 GRANT SUBRECIPIENT AGREEMENT (AGREEMENT NO. 25CRDFBGSCHO‐0001) WITH THE IOWA DE- PARTMENT OF NATURAL RESOURCES TO ASSIST WITH MAINTENANCE DREDG- ING AT DUBUQUE MARINA Whereas, on September 5th, 2023, per Resolution 284-23, the City Council authorized staff to submit the 2024 Boating Infrastructure (BIG) Tier 1 Grant application to the Iowa DNR for dredging Dubuque Marina to provide transient boaters, and boaters who operate vessels 26 feet or larger, access to docking and safe harbor facilities; and Whereas, on July 11th, 2024, the Iowa DNR Commission approved the 2024 BIG Tier 1 grant award and the Subrecipient Grant Agreement with the City of Dubuque in the amount of $170,100; and Whereas, the City will be responsible for the lead agency role for administering the federal 2024 BIG Tier 1 grant. 6 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQE, IOWA, THAT: Section 1. That said 2024 BIG Tier 1 Subrecipient Grant Agreement (Agreement No. 25CRDFBGSCHO‐0001) with the Iowa Department of Natural Recourses to assist with funding to perform maintenance dredging at Dubuque Marina is hereby approved. Section 2. That the Mayor be authorized and directed to execute the 2024 BIG Tier 1 Subrecipient Grant Agreement (Agreement No. 25CRDFBGSCHO‐0001) with the Iowa Department of Natural Recourses. Passed, approved and adopted this 7th day of October 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 8. 15th Street Railroad At-Grade Crossing Closure: CPKC Railroad Roadway At- Grade Crossing Closure Agreement: State of Iowa Section 130 Crossing Closure Incen- tive Agreement: City Manager provided information to City Council on the executed agreements with both the Canadian Pacific Kansas City (CPKC) Limited Railroad and Iowa Department of Transportation (Iowa DOT) for the permanent closure of the 15th Street Railroad At-Grade Crossing. Upon motion the documents were received and filed. 9. Improvement Contracts / Performance, Payment, and Maintenance Bonds : Eastern Iowa Excavating and Concrete, LLC for the Keymont Drive Pavement Rehabilitation Pro- ject. Upon motion the documents were received, filed, and approved. 10. Pre-annexation Agreement – 10675 Key West Dr., David Herbst: Upon motion the documents were received and filed, and Resolution No. 308-24 Approving a Pre-Annex- ation Agreement between the City of Dubuque, Iowa and David Herbst was adopted. RESOLUTION NO. 308-24 APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU- QUE, IOWA AND DAVID HERBST Whereas, DAVID HERBST, the owner of the following described property located at 10675 Key West Drive in Dubuque County, Iowa (the Property) has submitted to the City Council of the city of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: LOT 4, LOT 5, AND LOT 6, IN ANNIE WALLER’S SUBDIVISION IN SECTION 12, TABLE MOUND TOWNSHIP, DUBUQUE COUNTY, IOWA, ACCORDING TO THE RECORDED PLATS THEREOF; and Whereas, David Herbst has entered into a Pre-annexation Agreement with the City of Dubuque, a copy of which is attached hereto governing the future annexation of the Prop- erty; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future orderly growth and development of the City 7 of Dubuque, and will promote efficient and cost-effective extension of municipal services; and Whereas, the City Council finds that the annexation of the Property is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Pre-annexation Agreement by David Herbst and the City of Dubuque is hereby approved. Passed, approved and adopted this 7th day of October 2024. Brad Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 11. Pre-annexation Agreement – 10270 Key West Dr., St. Joseph’s Church: Upon mo- tion the documents were received and filed, and Resolution No. 309 -24 Approving a Pre- Annexation Agreement between the City of Dubuque, Iowa and St. Joseph’s Church, Key West & St. Joseph’s Church Corp (Key West) was adopted. RESOLUTION NO. 309-24 APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU- QUE, IOWA AND ST. JOSEPH’S CHURCH, KEY WEST & ST. JOSEPHS CHURCH CORP (KEY WEST) Whereas, ST. JOSEPH’S CHURCH, KEY WEST & ST. JOSEPHS CHURCH CORP (KEY WEST), the owners of the following described property located at 10270 Key West Drive in Dubuque County, Iowa (the Property) have submitted to the City Council of the city of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: Lot 1 of 6 of the NE of the SE and Lot 1 of 3 of the SE of the SE, Section 11, T88N R2E; and Lot 1 of 1 of the NW of the SW, Lot 2 of the NW of the SW, Lot 1 of 1 of the SW of the SW, Lot 2 of the SW of the SW, and Lot 3 of 2 of 1 of the SW of the SW, Section 12 T88N R2E Whereas, St. Joseph’s Church, Key West & St. Joseph’s Church Corp (Key West) have entered into a Pre-annexation Agreement with the City of Dubuque, a copy of which is attached hereto governing the future annexation of the Property; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future orderly growth and development of the City of Dubuque, and will promote efficient and cost-effective extension of municipal services; and Whereas, the City Council finds that the annexation of the Property is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 8 Section 1. The Pre-annexation Agreement by St. Joseph’s Church, Key West & St. Josephs Church Corp (Key West) and the City of Dubuque is hereby approved. Passed, approved and adopted this 7th day of October 2024. Brad Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 12. Approving the Assignment and Assumption of the Lease Agreement by and among the City of Dubuque, Iowa, David S. Hartig Jr., and Rabbit Hollow Nature Conservancy Inc.: Upon motion the documents were received and filed, and Resolution No. 310 -24 Approving the Assignment and Assumption of the Lease Agreement by and among the City of Dubuque, Iowa, David S. Hartig Jr., and Rabbit Hollow Nature Conservancy Inc. was adopted. RESOLUTION NO. 310 - 24 APPROVING THE ASSIGNMENT AND ASSUMPTION OF THE LEASE AGREEMENT BY AND AMONG THE CITY OF DUBUQUE, IOWA, DAVID S. HARTIG JR., AND RAB- BIT HOLLOW NATURE CONSERVANCY INC. Whereas, the City Council of the City of Dubuque, Iowa entered into a Lease Agree- ment, dated February 17, 2024, and subsequently amended and restated on April 4, 2016, with David S. Hartig, Jr. for the lease of real estate legally described as: Lot 1-1-2-1 Mineral Lot 507, Lot 1-1-2-1-2-1-4 Mineral Lot 501, Lot 2-1-2-1-1-2-1-4 Mineral Lot 501, Lot 1 Old Mill Place, Lot 2 Papke Place, Lot 1-1-2-1-1-2-1-4 Mineral Lot 501, Lot 2-1-1-1-1-2-1-4 Mineral Lot 501, and Lot 2-1-2-1-2-1-4 Mineral Lot 501; and Whereas, David S. Hartig Jr. has entered into an Assignment and Assumption of Lease Agreement with Rabbit Hollow Nature Conservancy Inc.; and Whereas, David S. Hartig Jr. desires to assign all of its rights and obligations under the Lease Agreement to Rabbit Hollow Nature Conservancy Inc. and Rabbit Hollow Nature Conservancy Inc. desires to accept such rights and obligations on the terms and condi- tions set forth in the Lease Agreement; and Whereas, the Lease Agreement requires the consent of the City to an assignment; and Whereas, the City Council finds that consent to the Assignment and Assumption of Lease Agreement is in the best interest of the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Assignment and Assumption of the Lease Agreement is hereby ap- proved. Section 2. The City Manager is hereby authorized and directed to execute the Assign- ment and Assumption of the Lease Agreement on behalf of the City of Dubuque. Passed, approved and adopted the 7th day of October 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 9 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. Proceedings to Set Public Hearing on October 21, 2024, for the Issuance of Not to Exceed $27,000,000 Sewer Revenue Capital Loan Notes (State Revolving Loan Fund Program) Old Mill Rd. Lift Station and Force Main Project – Phase I: Upon motion the documents were received and filed and Resolution No. 311 -24 To fix a date for a public hearing on proposal to enter into a Sewer Revenue Loan and Disbursement Agreement and to borrow money thereunder in a principal amount not to exceed $2 7,000,000 was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on October 21, 2024 in the Historic Federal Building RESOLUTION NO. 311-24 RESOLUTION TO FIX A DATE FOR A PUBLIC HEARING ON PROPOSAL TO ENTER INTO A SEWER REVENUE LOAN AND DISBURSEMENT AGREEMENT AND TO BORROW MONEY THEREUNDER IN A PRINCIPAL AMOUNT NOT TO EXCEED $27,000,000 Whereas, the City of Dubuque (the “City”), in Dubuque County, State of Iowa, did here- tofore establish a Municipal Sanitary Sewer System (the “Utility”) in and for the City which has continuously supplied sanitary sewer service in and to the City and its inhabitan ts since its establishment; and Whereas, the management and control of the Utility are vested in the City Council (the “Council”) and no board of trustees exists for this purpose; and Whereas, pursuant to prior resolutions of the Council, the City has heretofore issued sewer revenue bonds or notes as set forth on attached outstanding debt certificate, and a portion of such prior sewer revenue debt remains outstanding (the “Outstanding Indebt- edness”); and Whereas, pursuant to the resolutions relating to and authorizing the Outstanding In- debtedness (the “Outstanding Bond Resolutions”) the City reserved the right to issue ad- ditional obligations payable from the net revenues of the Utility and ranking on a parity with the Outstanding Indebtedness under the terms and conditions set forth in the Out- standing Bond Resolutions; and Whereas, the City now proposes to enter into a Sewer Revenue Loan and Disburse- ment Agreement (the “Agreement”) and to borrow money thereunder in a principal amount not to exceed $27,000,000, pursuant to the provisions of Section 384.24A of the Code of Iowa, for the purpose of paying the cost, to that extent, of planning, designing and constructing improvements and extensions to the Utility (the “Project”), and it is nec- essary to fix a date of meeting of the Council at which it is proposed to take action to enter into the Agreement and to give notice thereof as required by such law; NOW, THEREFORE, Be It Resolved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. This City Council shall meet on October 21, 2024, at 6:30 p.m., at the His- toric Federal Building, 350 W. 6th St, Second Floor Council Chambers, at which time and 10 place a hearing will be held and proceedings will be instituted and action taken to enter into the Agreement. Section 2. The City Clerk is hereby directed to give notice of the proposed action on the Agreement setting forth the amount and purpose thereof, the time when and place where the said meeting will be held, by publication at least once, not less than four (4) and not more than twenty (20) days before the meeting, in a legal newspaper which has a general circulation in the City. The notice shall be in substantially the [Provided] form: Section 3. Pursuant to Section 1.150-2 of the Income Tax Regulations (the “Regula- tions”) of the Internal Revenue Service, the City declares (a) that it intends to undertake the Project which is reasonably estimated to cost approximately $27,000,000, (b) that other than (i) expenditures to be paid or reimbursed from sources other than the issuance of bonds, notes or other obligations (the “Bonds”), or (ii) expenditures made not earlier than 60 days prior to the date of this Resolution or a previous intent re solution of the City, or (iii) expenditures amounting to the lesser of $100,000 or 5% of the proceeds of the Bonds, or (iv) expenditures constituting preliminary expenditures as defined in Section 1.150-2(f)(2) of the Regulations, no expenditures for the P roject have heretofore been made by the City and no expenditures will be made by the City until after the date of this Resolution or a prior intent resolution of the City, and (c) that the City reasonably expects to reimburse the expenditures made for costs of the City out of the proceeds of the Bonds. This declaration is a declaration of official intent adopted pursuant to Section 1.150 -2 of the Regulations. Section 4. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 5. This resolution shall be in full force and effect immediately upon its adoption and approval, as provided by law. Passed, approved and adopted this 7th day of October 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Equity and Human Rights Commission Request for Commissioner Removal Equity and Human Rights Commission requesting City Council schedule a public hearing to con- sider the removal of Commissioner Enoc Sanchez from the Commission for noncompli- ance with the attendance requirement of the City Code of Ordinances. Upon motion the documents were received and filed and Resolution No. 312 -24 Setting a public hearing on the intent to consider the removal of a commissioner from the Equity and Human Rights Commission was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on October 21, 2024, in the Historic Federal Building. RESOLUTION NO. 312-24 SETTING A PUBLIC HEARING ON THE INTENT TO CONSIDER THE REMOVAL OF A COMMISSIONER FROM THE EQUITY AND HUMAN RIGHTS COMMISSION Whereas, the City of Dubuque, Iowa, Equity and Human Rights Commission is gov- erned by Title 8 of the City of Dubuque Code of Ordinances; and Whereas, § 8-2-10 of the Code of Ordinances establishes the requirement for attend- ance at commission meetings as follows: 8-2-10: MEETINGS: ….. 11 D. Attendance: 1. In the event a commissioner has been absent for three (3) or more consecutive meetings of the commission, without being excused by the chairperson, such ab- sence will be grounds for the commission to recommend to the city council that the position be declared vacant and a replacement appointed. 2. Attendance must be entered upon the minutes of all meetings; and Whereas, the Equity Human Rights Commission has recommended to the City Council that Enoc Sanchez be removed from the Commission for failure to comply with the at- tendance requirements, such recommendation attached as Exhibit A; and Whereas, § 8-2-12 of the Code of Ordinances authorizes removal of a commissioner for cause upon written charges and after public hearing; and Whereas, the City Council desires to set the public hearing on the removal of Enoc Sanchez from the Equity and Human Rights Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council intends to consider the removal of Enoc Sanchez from the Equity and Human Rights Commission for noncompliance with the attendance require- ment of the Code of Ordinances. Section 2. The City Clerk is hereby authorized and directed to cause a notice to be mailed to Enoc Sanchez and published as prescribed by Iowa Code Section 362.3 of a public hearing on the City's intent to remove Enoc Sanchez from the Equity and Human Rights Commission, to be held on the 21st day of October 2024 at 6:30 p.m. in Dubuque, Iowa. Passed, approved and adopted this 7th day of October 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. 2024 SRF Green Alley Project: Initiate Public Bidding Process and Set Date for Public Hearing - Project No: 5581500018, 4281000045, 5581500020: Upon motion the documents were received and filed and Resolution No. 313-24 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertise- ment for bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on November 4, 2024 in the Historic Federal Building. RESOLUTION NO. 313-24 2024 SRF GREEN ALLEY PROJECT, PRELIMINARY APPROVAL OF PLANS, SPEC- IFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ES- TIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The proposed plans, specifications, form of contract and estimated cost for the 2024 SRF Green Alley Project in the estimated amount $1,342,614.00, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. 12 Section 2. A public hearing will be held on the 4th day of November, 2024, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubu- que, Iowa, at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general cir culation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. Section 3. The 2024 SRF Green Alley Project is hereby ordered to be advertised for bids for construction. Section 4. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. Section 5. The City Engineer is hereby directed to advertise for bids for the construction of the improvements herein provided, by publishing the Notice to Bidders to be published on the City of Dubuque website, in a contractor plan room service with statewide circula- tion, and construction lead generating service with a statewide circulation which notice shall be published not less than thirteen but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 7th day of November 202 4. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the 18th day of November 2024, in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, approved and adopted this 7th day of October 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. 2024 SRF Green Alley Project Special Assessments - Project No: 5581500018, 4281000045, 5581500020: Upon motion the documents were received and filed and Res- olution No. 314-24 Approving the preliminary plats, schedule of assessments and esti- mate of total cost for the 2024 SRF Green Alley Project; Resolution No. 315 -24 Of ne- cessity for the 2024 SRF Green Alley Project; and Resolution No. 316-24 Fixing date of public hearing on resolution of necessity were adopted setting a public hearing for a meet- ing to commence at 6:30 p.m. on November 4, 2024 in the Historic Federal Building. RESOLUTION NO. 314-24 APPROVING THE PRELIMINARY PLATS, SCHEDULE OF ASSESSMENTS AND ES- TIMATE OF TOTAL COST FOR THE 2024 SRF GREEN ALLEY PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached preliminary plats, schedule of assessments, and estimate of total cost for the 2024 SRF Green Alley Project are hereby approved. Passed, approved and adopted this 7th day of October 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 13 RESOLUTION NO. 315-24 RESOLUTION OF NECESSITY FOR THE 2024 SRF GREEN ALLEY PROJECT Whereas, the plat, preliminary schedule of assessments, and estimate of total cost for the 2024 SRF Green Alley Project have been duly prepared and approved by the City Council of the City of Dubuque and ordered placed on file in the office of City Clerk. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The 2024 SRF Green Alley Project will provide: This project will include the reconstruction of three alleys in downtown Dubuque into permeable alleys. The alleys are located between Iowa street and Central Avenue from 15th to 17th streets (2 alleys) and between Central Avenue and White Street from 17th to 18th Street (1 alley). All three alleys will have all pavement removed, complete reconstruction of the water main and sanitary sewer with associated private services. excavation to allow for 3 feet of porous stone, installation of a subdrain, connections to storm sewer, con- crete bands and brick pavers suited for permeable pavement. There is an existing Lumen fiber duct bank that needs to be worked around on the alley between Cen- tral Avenue and White Street. The alley between Central Avenue and Iowa Street from 15th to 16th Street will have permeable pavers installed in a unique design pattern. Some of the project quantities include the following: - Excavation: 2780 CY - 7” PCC Pavement: 550 SY - Permeable Brick Pavers: 13360 SF - ASTM 57 Stone: 285 Ton - ASTM 2 Stone: 4020 Ton - 8” PVC C900 Sanitary Sewer: 805 LF - 6” DIP Water main: 610 LF - 12” DIP water main: 260 LF - Associated water services and sanitary services There is on file in the office of the City Clerk an estimated total cost of the work, and a preliminary plat and schedule showing the amount proposed to be assessed to each lot for the improvement. The date, time, and place the council will hear property owners subject to the assess- ment and interested parties for or against the improvement, its cost, the assessment, or the boundaries of the district: the 4th day of November 2024, at 6:30 p.m., in the Historic Federal Building Council Chambers, 350 West 6th Street, Dubuque, Iowa. That the City Council deems it advisable and necessary for the public welfare to make the herein mentioned improvements. Unless a property owner files objections with the City Clerk at the time of hearing on the resolution of necessity, the property owner is deemed to have waived all objections pertaining to the regularity of the proceeding and the legality of using the special assess- ment procedure. Said improvements shall be constructed in accordance with the plans and specifica- tions which have been approved by the City Council and are now on file in the Office of 14 the City Clerk. The cost of making such improvement will be assessed against property lying with the assessment limits. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 7th day of October 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 316-24 FIXING DATE OF PUBLIC HEARING ON RESOLUTION OF NECESSITY Whereas, the City Council of the City of Dubuque, Iowa, has given its preliminary ap- proval to the plat, preliminary schedule of assessments, and estimated total cost for the 2024 SRF Green Alley Project and ordered the plat, schedule of assessments, and es ti- mate of total cost placed on file in the Office of the City Clerk; and Whereas, the proposed Resolution of Necessity for Project has been introduced and is now on file in the Office of the City Clerk. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council will meet on the 4th day of November 2024, at 6:30 p.m. in the Historic Federal Building Council Chambers, 350 West 6th Street, Dubuque, Iowa. At which time the owners of property subject to assessment for the proposed improve- ment or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost, the assessment against any lot, or the final adoption of a resolution of necessity. Section 2. A property owner will be deemed to have waived all objections unless at the time of hearing the property owner has filed objections with the City Clerk. Section 3. The City Clerk be and is hereby authorized and directed to cause a notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published once each week for two consecutive weeks, the first publication of which shall be not less than ten days prior to the day fixed for its consideration. Passed, adopted and approved this 7th day of October 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk BOARDS/COMMISSIONS Applications were reviewed for the following Boards and Commissions. Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. 1. Resilient Community Advisory Commission: One, 3-Year term through July 1, 2027 (Vacant term of Hoffman). Applicant: Rachel Schmidt Boeke, 1241 Jackson St. Boeke spoke in support of their application. 2. Zoning Advisory Commission: One, 5-Year term through July 1, 2027 (Vacant term of Sempf). Applicant: Troy Froistad, 477 West 3rd St. City Clerk Breitfelder announced that Froistad submitted written input in support of their application. 15 Appointments were made to the following boards/commissions. 1. Civic Center Advisory Commission: One, 3-Year term through June 29, 2027 (Ex- pired term of Jacobs). Applicant: Danielle Jacobs, 3130 Shiras Ave. Motion by Roussell to appoint Jacobs to the term. Seconded by Sprank. Motion carried 7 -0. 2. Community Development Advisory Commission: One, 3-Year term through Febru- ary 15, 2026 (Vacant At-Large term of Mozena); One, 3-Year term through February 15, 2027 (Vacant Low to Moderate Income Representative term of Woodyard). Applicants: Gabriel Mozena, 196 Bluff St. (Qualifies for Low to Moderate Income Representative and At-Large); Julie Woodyard, 1950 Coates St. (Qualities for At-Large). Motion by Jones to appoint Woodyard to the At-Large term. Seconded by Wethal. Motion carried 7-0. Motion by Farber to appoint Mozena to the Low to Moderate Income Representative term. Se- conded by Sprank. Motion carried 7-0. PUBLIC HEARINGS 1. Iowa Amphitheater on Schmitt Island Project Bid Package No. 1 (Site Demolition & Mass Grading) Public Hearing: Motion by Jones to receive and file the documents and adopt Resolution No. 317-24 Approval of Plans, Specifications, Form of Contract, and Estimated Cost for the Iowa Amphitheater on Schmitt Island Project – Bid Package No. 1 (Site Demolition & Mass Grading). Seconded by Sprank. Responding to a question from the City Council, City Manager Van Milligen stated that city staff will confirm the actu al cost of the project once they receive bids. Civil Engineer Nathan Steffen explained the project estimates. Motion carried 7-0. RESOLUTION NO. 317-24 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI- MATED COST FOR THE IOWA AMPHITHEATER ON SCHMITT ISLAND PROJECT – BID PACKAGE NO. 1 (SITE DEMOLITION & MASS GRADING) NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached plans, specifications, form of contract and estimate of total cost for the Iowa Amphitheater on Schmitt Island Project – Bid Package No. 1 (Site Dem- olition & Mass Grading) in the estimated amount $1,018,000.00, are hereby approved. Passed, approved, and adopted this 7th day of October 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk ACTION ITEMS 1. Off-Premises Sign Regulations: Motion by Roussell to receive and file the docu- ments and refer to the City Council for discussion. Seconded by Sprank. Planning Ser- vices Director Wally Wernimont explained that the recent rezoning of the former Bridge restaurant, along with concerns raised by Washington St . residents, prompted staff to present options on off-premises sign regulations for City Council's consideration. Mr. 16 Wernimont provided an overview of the history of the City’s Unified Development Code (UDC), discussed the upcoming UDC revision process, and highlighted differences in sign regulations in other cities. City Council members expressed support for the ordinance imposing a temporary moratorium on new off-premises signs and initially proposed hold- ing the first reading of the ordinance at this meeting, as it is a new proposal. Motion by Jones to receive and file the communications and approve first reading of a p roposed ordinance Amending City of Dubuque Code of Ordinances Title 14 Building and Devel- opment, Chapter 2 Building Construction, Demolition and Moving, Section 14 -2-4 Mora- torium for Construction or other work on certain streets, areas, or facilities by adding Sec- tion B Off Premises Sign Study Area. Seconded by Sprank. After discussion, the City Council concluded that allowing a two-week window for businesses to submit applications for new off-premises signs could lead to an increase in applications. The Co uncil agreed that adopting the ordinance during this meeting would be the most effective way to pre- vent that. Motion withdrawn by Jones, who then motioned 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 Sprank. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 58-24 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 2 Build- ing Construction, Demolition and Moving, Section 14-2-4 Moratorium for Construction or other work on certain streets, areas, or facilities by adding Section B Off Premises Sign Study Area. Seconded by Sprank. Motion carried 7-0. ORDINANCE NO. 58-24 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 2 BUILDING CONSTRUCTION, DEMOLITION AND MOV- ING, SECTION 14-2-4 MORATORIUM FOR CONSTRUCTION OR OTHER WORK ON CERTAIN STREETS, AREAS, OR FACILITIES BY ADDING SECTION B OFF PREM- ISES SIGN STUDY AREA Whereas, the City of Dubuque is committed to promoting the health, safety, and gen- eral welfare of its residents; and Whereas, the current Unified Development Code (UDC) is in need of comprehensive review and update to better reflect the community's vision and land use goals; and Whereas, off-premises signs can significantly impact the aesthetic character of the community, traffic safety, and the overall quality of life for residents; and Whereas, the proliferation of off-premises signs may result in adverse effects, such as visual clutter, distraction for drivers, and potential conflicts with the objectives of the up- dated UDC; and Whereas, a temporary moratorium on the issuance of permits for new off -premises signs will allow for a thorough evaluation of the community’s needs, concerns, and pref- erences regarding signage and advertising; and Whereas, the City of Dubuque desires to ensure that the future development of off - premises signs aligns with updated land use regulations and community standards; and Whereas, the temporary suspension of off-premises sign permits is necessary to pro- tect the public interest while the UDC is being reviewed and revised. 17 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordinances Section 14-2-4 is amended to read as follows: Section 14-2-4: Moratorium for Construction or Other Work on Certain Streets, Areas or Facilities: B. Off-premises sign Study Area: The city manager may not issue any permit for any new off-premises sign in the corporate limits of the city of Dubuque from the effective date hereof to March 1, 2026, except where a vested right to the issuance of such permit accrued prior to the effective date hereof. Section 2. This ordinance shall take effect upon publication Passed, approved and adopted this 7th day of October 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Request for Proposals (RFP) for Historic Millwork District Outdoor Community Space Engagement, Design, Construction Management : Motion by Roussell to receive and file the documents and approve the RFP for Historic Millwork District Outdoor Com- munity Space Engagement, Design, and Construction Management, and then direct staff to post the RFP and initiate the consultant selection process. Seconded by Wethal. In response to a City Council question, Wernimont explained that the proposed cost covers hiring the contractor, conducting community engagement, and developing the concept plan. He also outlined the role of the steering committee and emphasized that the park will be accessible to the entire community. City Manager Van Milligen added that the cost includes constructing the new park, noting that the final cost will be determined after pub- lic engagement. Van Milligen also stated that it will be the City Council’s decision on tran- sitioning the current parking lot into a park. Motion carried 7-0. 3. Public Safety Software Recommendation: Motion by Wethal to receive and file the documents and approve entering into a contract with CentralSquare Technologies for public safety software for the City of Dubuque and its partner public safety agencies and give authorization to the Mayor to sign the contract. Seconded by Farber. In response to questions from the City Council, Police Chief Jeremy Jensen explained that the City’s IT Department manages IT services for both the City Police Department and the Dubuqu e County Sheriff, and that the cost is comparable to the City’s current software. Addressing a concern about some of the software developers being located overseas, City Attorney Brumwell noted that Chief Information Officer Chris Kohlmann and Senior Counsel Barry Lindahl reviewed the contract. While the City can suggest changes, they often must agr ee to the contract terms. The IT Department reviews the technical aspects, while the City Attorney’s Office evaluates the legal components. City Council members expressed ap- preciation for the ongoing collaboration with Dubuque County and highlighted the im- portance of modernization. Motion carried 7-0. 4. Work Session Request: Automated License Plate Reader (ALPR) Update : Motion by Roussell to receive and file the documents and schedule the work session for October 21, 2024, at 5:30 p.m. Seconded by Resnick. Motion carried 7 -0. 18 COUNCIL MEMBER REPORTS Council Member Wethal congratulated Mayor Cavanagh on his appointment as Presi- dent of the Iowa League of Cities (ILC). Wethal also reported on her attendance at an ILC conference, touring the Dubuque Arboretum and Botanical Gardens, attending the Con- necting Communities in Americas Conference, and the upcoming Twenty Dirty Hands Pottery Tour. Council Member Farber reported on attending meetings related to her service on com- mittees with the Federal Communications Commission (FCC) and National League of Cities (NLC). Council Member Jones reported on attending Kwik Star’s ribbon-cutting for their new location, the groundbreaking for Wanderwood Gardens, speaking with the Surveyors His- torical Society during their visit to Dubuque, a tree planting memorial in honor of form er Council Member Joyce Connors, touring the Field of Dreams with Travel Dubuque’s Out- reach Committee, the ribbon- cutting for the new playground at Lincoln Elementary School, the Denver Air Connection event at the Dubuque Regional Airport, and the Tele- graph Herald’s Salute to Women awards ceremony. Jones also mentioned the recent publication of Greater Dubuque Development Corporation’s (GDDC) new relocation guide. Council Member Sprank reported on also attending the tree planting memorial, recent meetings attended as part of serving on the Dubuque Racing Association (DRA) and GDDC boards, the Northend Neighborhood Association’s annual yard sale, the Latinx Festival, and a Bluff Strokes event. Council Member Roussell reported on a tree plan ting event at Four Mounds. Mayor Cavanagh reported on attending a recent performance of the Dubuque Sym- phony and the Denver Air Connection event. Cavanagh also expressed that he was hon- ored to be elected as ILC President. CLOSED SESSION Motion by Jones to convene in closed session at 7:57 p.m. to discuss Purchase or Sale of Real Estate – Chapter 21.5(1)(j) Code of Iowa. Seconded by Resnick. Mayor Cavanagh stated for the record that the attorney who will consult with City Council on the is sues to be discussed in the closed session is City Attorney Brumwell. Motion carried 7 -0. The City Council reconvened in open session at 8:54 p.m. stating that staff had been given proper direction. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 8:54 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk