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03 20 23 City Clerk's NotesCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 6:00 p.m. on March 20, 2023, in the second -floor Council ChaYnbers of the Historic Federal Building, 350 W. 6th Street. Wesent: Mayor Cavanagh; Council Members Farber, Jo/es, Resnick, Roussell, Sp nk, Wethal; City Manager Van Milligen, City Att ey Brumwell. p Absent: 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 Dubuque Regional Bicycle & Pedestrian Plan. WORK SESSION Dubuque Regional Bicycle & Pedestrian Plan Update 1. Dubuque Regional Bicycle & Pedestrian Plan Update [jg11y WcfAimo�l )n�rocju(eGj Laura Carstens and Dan Fox of the East Central Intergovernmental Association (ECIA) will give a presentation on the status of the Dubuque Regional Bicycle and Pedestrian Plan. ( 9 UeS4 i'cn5 �o Pf-c5f n t lcr5 There being no further business, Mayor Cavanagh declared the meeting adjourned at 9 P.M. CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on second -floor Council Chambers of the Historic Federal, Building, W P esent: Mayor Cavanagh; Council Members Farber, Jon✓es, Res We)hal; City Mana#r Van Milligen, City Attorney Brumwell. Absent: March 20, 2023, in the 6th Street. ck, Ro ssell, Sprank, 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. COVID-19 Update: Public Health Director Mary Rose Corrigan will provide an update on the COVID-19 pandemic and response activities. p� CONSENT ITEMS Ya Nays Resnick Farber Jones Roussell S rank Wethal Cavanagh 1. Minutes and Reports Submitted Building Code Advisory and Appeals Board of 1 /5/23; City Council Proceedings of 2/27/23, 3/06/23, 03/07/23, 03/08/23 and 03/09/23; Resilient Community Advisory Commission of 3/2/23; Zoning Advisory Commission of 3/1/23; Zoning Board of Adjustment of 2/23/23. Suggested Disposition: Receive and File 2. Notice of Claims and Suits Nicolas Hayes for vehicle damage; Jeff Lehman for vehicle damage. Suggested Disposition: Receive and File; Refer to City Attorney 3. Disposition of Claims City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Nicole Hayes for vehicle damage; Jeff Lehman for vehicle damage. Suggested Disposition: Receive and File; Concur 4. Approval of City Expenditures City Manager recommending City Council approval for payment of City expenditures. RESOLUTION 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 Suggested Disposition: Receive and File; Adopt Resolution(s) 5. U.S. Environmental Protection Agency Solid Waste Recycling Grant City Manager recommending City Council approval of the submittal of a U.S. Environmental Protection Agency Solid Waste Recycling Grant application. Suggested Disposition: Receive and File; Approve 6. Letter of Opposition to Iowa Senate File 479 City Manager providing a copy of a letter to Iowa Representative Chuck Isenhart in opposition to Iowa Senate File 479, a bill for an act repealing energy conservation requirements for new construction. Suggested Disposition: Receive and File 7. Civil Service Commission - Certified Lists Civil Service Commission submitting the certified lists for the positions of Police Officer and Fire Promotional ranks of Assistant Fire Chief, Assistant Fire Marshal, Fire Captain, EMS Supervisor, Fire Equipment Operator and Fire Lieutenant. Suggested Disposition: Receive and File; Make Matter of Record w 8. Exclusive 3-Year Soft Drink Provider Agreement for Leisure Services City Manager recommending City Council approval of the 3-year Pepsi agreement with Lime Rock Springs as the exclusive soft drink provider for the Bunker Hill Golf Course, McAleece Concession, Flora and Sutton Pools concession, Veterans Memorial Park and the Port of Dubuque Marina. Suggested Disposition: Receive and File; Approve 9. Pre -Annexation Agreement — Terrence L. and Barbara Bahl City Manager recommending City Council adopt the resolution approving the Terrence L. and Barbara Bahl pre -annexation agreement and authorize the Mayor to sign the agreement on behalf of the City of Dubuque. RESOLUTION Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Terrence L. and Barbara Bahl Suggested Disposition: Receive and File; Adopt Resolution(s) 10. Signed Contract(s) Experience Roofing for the Central Storage Rubber Roof Repair; Sustainable Strategies DC for professional strategic funding services. Suggested Disposition: Receive and File 11. Menard Inc. Property Tax Appeal Stipulation of Settlement Approval Senior Counsel recommending approval of the stipulation of settlement for a property tax appeal filed by Menard Inc. for their property located at 5300 Westside Drive. Suggested Disposition: Receive and File; Approve 12. Canadian Pacific Railway Acquisition of Kansas City Southern Railroad & Pending Merger Update Project Manager Steve Sampson Brown is providing updated information related to the proposed merger of the Canadian Pacific and Kansas City Southern Railroads. Suggested Disposition: Receive and File 13. Purchase Agreement for Temporary Detour Easement Across Lot 1 in Riverview Plaza No. 4 as Part of the Kerper Boulevard and Kerper Court Intersection Improvements Project with HWY 151 & 61 Development, LLC City Manager recommending City Council approval of a Purchase Agreement with HWY 151 & 61, LLC for a temporary detour easement across Lot 1 in Riverview Plaza No. 4, in the City of Dubuque, Iowa as part of the Kerper Boulevard and Kerper Court Intersection Improvements Project. RESOLUTION Approving a Purchase Agreement Between the city of Dubuque, Iowa and HWY 151 & 61 Development, LLC for a Temporary Detour Easement Across Lot 1 in Riverview Plaza No. 4 in the city of Dubuque Iowa as Part of the Kerper Boulevard and Kerper Court Intersection Improvements Project Suggested Disposition: Receive and File; Adopt Resolution(s) Ya s Na s Resnick Farber Jones Roussell S rank Wethal Cavanagh 14. Amendment to Master Agreement and Project Statement - ImOn Communications LLC City Manager recommending City Council approval of the 13th Amendment to an existing Master Agreement and Project Statement in place between the City of Dubuque and ImOn Communications LLC Suggested Disposition: Receive and File; Approve 15. Master Agreement and Project Statement Amendment - Unite Private Network (UPN) City Manager recommending City Council approval of an amendment to an existing Master Agreement and Project Statement between the City of Dubuque and Unite Private Network (UPN). Suggested Disposition: Receive and File; Approve 16. Tobacco Permit Application City Manager recommending City Council approval of annual liquor, beer, wine and tobacco license applications as submitted. RESOLUTION Approving applications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa Code Chapter 453A.47A Suggested Disposition: Receive and File; Adopt Resolution(s) ITEMS SET FOR PUBLIC HEARING 1. Set Public Hearing - Disposition of City -Owned Property at 612 Lincoln Avenue City Manager recommending City Council set a Public Hearing for April 3, 2023, to approve the disposition of City -owned real property located at 612 Lincoln Ave to Affordable Housing Network Inc. RESOLUTION Intent to dispose of an interest in City of Dubuque real estate to Affordable Housing Network, Inc, setting a time and place for hearing, and providing for the publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for April 3, 2023 2. Set for Public Hearing - Brehm Acres Voluntary Annexation Request City Manager recommending City Council adopt a resolution to set a public hearing for April 17, 2023, on the voluntary annexation request filed by John and Diane Brehm (property owners) and Seippel Warehouse LLC (applicant and future owner) for approximately 2.804 acres of property. RESOLUTION Setting a Public Hearing on an Application for Voluntary Annexation of Territory to the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for April 17, 2023 Ya s Nays Resnick Farber Jones Roussel[ S rank Wethal Cavanagh PUBLIC HEARINGS 1. Request to Amend Planned Unit Development 2600 Dodge Street, Plaza 20 Proof of publication on notice of public hearing to consider approval of a request from Michael Kahle, Plaza 20 to rezone property located at 2600 Dodge Street, Plaza 20 to amend the Plaza 20 Planned Unit Development boundary and signage regulations, and Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16, The Unified Development Code of the City of Dubuque Code of Ordinances by rescinding Ordinance 51-16 which established regulations for the Plaza 20 PUD Planned Unit Development District with a Planned Commercial Designation and now being amended to allow for modification of the On -Premise Sign Regulations applied to Plaza 20. Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Ya s Nays Resnick Farber Jones Roussell S rank Wethal Cavanagh Final Reading and Adopt Yas INays Resnick Farber Jones Roussell S rank Wethal Cavanagh 2. Request to rezone the property of approximately 2.4-acre irregularly shaped site with frontage along Carter Road to a Planned Unit Development with PR -Planned Residential designation. Proof of publication on notice of public hearing to consider approval of a request from Kevin Oberbroeckling, CK Construction to rezone property of approximately 2.4-acre irregularly shaped site with frontage along Carter Road PIN 1015453009 property to a Planned Unit Development with PR -Planned Residential designation and the Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16 of The Unified Development Code of the City of Dubuque Code of Ordinances by Rescinding Ordinance 10-96 and Ordinance 45-93 and Adopting a PUD Planned Unit Development with a PR Planned Residential District Designation and Conceptual Development Plan for one 16-Unit and one 24-Unit Multi -Family Residential Building with a Detached Garage. Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yas Nays Resnick Farber Jones Roussel[ S rank Wethal Cavanagh Final Reading and Ado t Yas Nays_ Resnick Farber Jones Roussell S rank Wethal Cavanagh Oat & b -Sukr,iQ k 16 f ��hy;� �/Vic�S �pf, �nr '��C ZAC, 3. Amendment of the Dubuque Industrial Center Economic Development District Urban Renewal Plan, Version 2023.1 Proof of publication on notice of public hearing to consider City Council adopt a resolution for the Amended and Restated Urban Renewal Plan for Dubuque Industrial Center Economic Development District Version 2023.1, and City Manager recommending approval. RESOLUTION Approving the Amended and Restated Urban Renewal Plan, Version 2023.1, for the Dubuque Industrial Center Economic Development District Suggested Disposition: Receive and File; Adopt Resolution(s) Yayjs Nays Resnick Farber Jones Roussell S rank Wethal Cavanagh 4. Amendment of the Dubuque Industrial Center Economic Development District Urban Renewal Plan, Version 2023.2 Proof of publication on notice of public hearing to consider City Council adopt the resolution for the Amended and Restated Urban Renewal Plan for Dubuque Industrial Center Economic Development District Version 2023.2, and City Manager recommending approval. RESOLUTION Approving the Amended and Restated Urban Renewal Plan, Version 2023.2, for the Dubuque Industrial Center Economic Development District Suggested Disposition: Receive and File; Adopt Resolution(s) Yas Nays Resnick Farber Jones Roussell 1E S rank Wethal Cavanagh 10 5. Request to Vacate a Portion of Certain Sanitary Sewer Easements across a Part of Lot 1 of Dubuque Industrial Center 14th Addition Proof of Publication on notice of public hearing to consider vacating a portion of the sanitary sewer easements across a part of Lot 1 of Dubuque Industrial Center 14th Addition, in the City of Dubuque, Iowa and City Manager recommending approval. RESOLUTION Disposing of Property by Vacating City Interest in a Portion of Easements for Sanitary Sewer Utilities Over and Across a Part of Lot 1 of Dubuque Industrial Center 14th Addition, in the City of Dubuque, Iowa Yay,s Nays Resnick Farber Roussell S rank Wethal Cavanagh 11 PUBLIC INPUT 12 ACTION ITEMS 1. Solid Waste Automated Curbside Collection System Implementation Council Update 2. City Manager submitting information on the implementation plan for the automated solid waste conveyance system and the distribution of solid waste carts to support that system. Public Works staff will make a presentation. Suggested Disposition: Receive and File; Presentation Yayp Nays Resnick a Farber J. Jones Roussell S rank qjj Wethal Cavana h hn kjosfermann ;.n f ro0 ate d Take J7aAan 13 2. Emergency Preparedness Railway Incidents Presentation Thomas Berger, Emergency Management Coordinator will make a presentation on the Emergency Preparedness Railway Incidents Suggested Disposition: Receive and File: Presentation Ya Na s Resnick Farber Jones Roussel[ S rank Wethal Cavanagh 14 3. Grand River Center Management Agreement with Global Spectrum, L.P. d/b/a OVG360 Approval *Pr(1s"n OAk-on City Manager recommending approval of the Grand River Center Management Agreement between the City of Dubuque and Global Spectrum, L.P. d/b/a OVG360. Suggested Disposition: Receive and File; Approve) V;ew Presen44"") Yas Nays Resnick Farber Jones Roussel I S rank Wethal Cavanagh 56rq Carfh" t 15 aoay.l (tyre 4. Amending Tax Increment Ordinance 28-224for the Dubuque Industrial Center Economic Development District, as amended by Version 2G223-of the Amended and Restated Plan City Manager recommending that the City Council approve the ordinance attached hereto for the Dubuque Industrial Center Economic Development District. ORDINANCE Correcting and amending Ordinance No. 28-22A, previously amended, providing that general property taxes levied and collected each year on all property located within the Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Area of the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with the Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Redevelopment Project by removing certain property from Subarea E from the division of revenues Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Ya s Nays Resnick Farber Jones Roussell S rank Wethal Cavanagh Final Readin and Ado t Yas Nays Resnick a Farber Jones Roussell S rank Wethal Cavana h 5. Amending Tax Increment Ordinance for the Dubuque Industrial Center Economic Development District, as amended by Version 2023.2 of the Amended and Restated Plan City Manager recommending City Council approval of the ordinance attached hereto for the Dubuque Industrial Center Economic Development District. ORDINANCE Correcting and amending Ordinance No. -23, previously amended, providing that general property taxes levied and collected each year on all property located within the Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Area of the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with the Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Redevelopment Project by adding Subarea S to the division of revenues Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readin s Yas I Nas Resnick Farber Jones S rank 4,Roussell Wethal Cavanaah t s r VCavanaghi 17 6. Discounted City Utilities Program and Affordable Connectivity Program Promotional Brochure Video featuring Mayor Cavanagh promoting the Discounted City Utilities Program shared on the City's social media channels and airing on CityChannel Dubuque at https:Hyoutu.be/7x9MaBVzEBg and City Manager providing information on the two programs designed to assist income qualified residents with monthly utility payments and internet access. Suggested Disposition: Receive and File; View Video Ya Nays Resnick Farber Jones Roussell S rank Wethal Cavanagh IN 7. Work Session Request - Demonstration of Police Use of the Public Safety Cameras City Man r requesting the City Council schedule a working session on Monday, May 1, 2023, at M.m. at the Dubuque City Hall, 3rd Floor, to demonstrate how the Police Department uses the Public Safety Camera system as a public safety tool as a preventative tool and as an investigative resource. Suggested Disposition: Receive and File; Council W S.3o 19 COUNCIL MEMBER REPORTS & dam, &wJ: 0/" /in� (a m FC. %� Ga2eDic �✓/ � CLOSED SESSION Pending Litigation and Purchase or Sale of Real Estate — Chapter 21.5(1)(c),Q) Code of Iowa Motion for closed session @ 4% p.m. Mayor Cavanagh stated for the record that the attorneys who will consult with City Council on the issues to be discussed in the closed session are C(WO, . Ya Na s Resnick Farber Jones Roussell S rank Wethal Cavana h Reconvene in open session @ I L� 3 P.M. ADJOURNMENT @ I ©', 3 1 p.m. 20 01 &kf A /eve7 906