Loading...
04 17 23 City Clerk's NotesCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on April 17, 2023, in the second -floor Council Chambers of the Historic Federal Building, 350 W./nth Street. Pr sent: Mayor C anagh; Council Members Farber, Jones, Res ick, Roussell, Sprank, Wet al; City Manage an Milligen, City Attor fey Brumwell. ti Absent: 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. Presentation of the Iowa Park and Recreation Association Claude Ahrens Community Service Award to Park and Recreation Commission member Jennifer Tigges City staff will recognize Park and Recreation Commission member Jennifer Tigges for receiving the Iowa Park and Recreation Association Claude Ahrens Community Service Award. 2. COVID-19 Update .F, Rr�,O.jy I Public Health Director Mary Rose Corrigan will provide an after action report on the COVID-19 pandemic and response activities. First report given on March 16, 2020, last report given on this day, April 17, 2023. PROCLAMATION(S) 1. Arbor Day (April 28, 2023) rr, �mm _r v�c On behalf of Dubuque Trees Forever. S1�,ve �rr3 IV_ C61-1 y 2. NO Mow May (May 2023) ,jnnAr A f?�e� .,r,.�`,��c� On behalf of No Mow May Dubuque. 3. Building Safety Month (May 2023) -Tor-- 1 p�,a ridgy C i1c�rm n n N"'U Cvje. On behalf of the Housing and Community Development Department. cx- ccp 4 3 CONSENT ITEMS Yak I Nays Sprank Jones A�� Roussel) Resnick Farber Cavanagh Wethal 1. Minutes and Reports Submitted Building Code Advisory and Appeals Board of 3/2/23; City Council Proceedings of 4/3/23; Resilient Community Advisory Commission of 4/6/23; Parks and Recreation Commission of 3/21/23; Zoning Board of Adjustment of 3/23/23; Zoning Advisory Commission of 04/05/23; Proof of Publication for City Council Proceedings of 3/20/23, 3/21/23, 3/22/23, and 3/23/23. Suggested Disposition: Receive and File 2. 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) 3. Sustainable Dubuque Grant Recommendations City Manager recommending City Council approval of the Resilient Community Advisory Commission recommendations for funding seven projects from the Sustainable Dubuque Community Grant Program Round 27 at a total funding amount of $12,650.00. RESOLUTION Awarding Sustainable Dubuque Grant to Centrally Rooted Mission, Inc RESOLUTION Awarding Sustainable Dubuque Grant to Convivium Urban Farmstead RESOLUTION Awarding Sustainable Dubuque Grant to the Four Mounds Foundation RESOLUTION Awarding Sustainable Dubuque Grant to the Nova Elite Youth Basketball RESOLUTION Awarding Sustainable Dubuque Grant to St. Mark Youth Enrichment RESOLUTION Awarding Sustainable Dubuque Grant to the Tri-State Christian School RESOLUTION Awarding Sustainable Dubuque Grant to the Valentine Park Community Garden Suggested Disposition: Receive and File; Adopt Resolution(s) 4. Recommendation to Reallocate National Endowment of the Arts American Rescue Plan Act Funds from Underutilized Budgeted Line Items to Supplement the Creative Empowerment Subgrant Program City Manager recommending City Council approval to reallocate $12,000 from underutilized budget line item costs to raise the available funding amount from $15,000 to $27,000 to assist in addressing the gap in eligible requests received through Round 1 and projected asks in Round 2 of the National Endowment for the Arts Local Arts Agency Creative Empowerment subgrant program administered through the Office of Arts and Cultural Affairs. Suggested Disposition: Receive and File; Approve E Ya s Nays S prank Jones Roussell Resnick Farber Cavanagh Wethal 5. National League of Cities City Inclusive Entrepreneurship $15,000 Implementation Grant Award Update City Manager sharing information on the National League of Cities' (NLC) "City Inclusive Entrepreneurship" program that City staff are participating in this fiscal year, and an update on a $15,000 grant available through the program. Suggested Disposition: Receive and File 6. 2021 Traffic Deaths Article City Manager providing a copy of an Associated Press article on increased traffic deaths in 2021 resulting from distraction, speeding, and alcohol. Suggested Disposition: Receive and File 7. Approval of Preconstruction Agreement for South Grandview US 61-151 Bridge Replacement City Manager recommending City Council adopt a resolution authorizing the Mayor to execute a Local Public Agency (City) Preconstruction Agreement (No. 2023-12-047) with the Iowa Department of Transportation (Iowa DOT) for the South Grandview Bridge over US Highway 61-151 Bridge Replacement Project. RESOLUTION Approving a Preconstruction Agreement (No. 2023-12-047) with the Iowa Department of Transportation for the South Grandview Bridge Over US Highway 61-151 Bridge Replacement Project Suggested Disposition: Receive and File; Adopt Resolution(s) 8. Acceptance of North Cascade Road Reconstruction Project City Manager recommending City Council adopt the resolution accepting the Public Improvement Construction Contract and to authorize the payment of the contract amount of $1,617,366.68 to Top Grade Excavating, Inc. for the North Cascade Road Reconstruction Project, Phase 1 from the bridge over Catfish Creek to Edval Lane, Iowa DOT Project No. STBG-SWAP-2100 (669)--SG-31. RESOLUTION Accepting the North Cascade Road Reconstruction Project, Phase 1 from the bridge over Catfish Creek to Edval Lane, Iowa DOT Project No. STBG-SWAP-2100 (669)-- SG-31 and authorizing the final payment to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) Yas Nays S rank Jones Roussell Resnick Farber Cavanagh Wethal 9. Approval of Plat of Survey Lot 1 & Lot 2 of Boys and Girls Club Place, 1299 Locust Street and 1257 Locust Street Zoning Advisory Commission recommending City Council approval of a simple subdivision with a waiver of bulk regulations at 1299 Locust Street and 1257 Locust Street to allow a 0' side yard setback where a minimum 3' side yard setback is required in an OR -Office Residential zoning district. RESOLUTION Approving the Plat of Survey of: Lot 1 & Lot 2 of Boys and Girls Club Place in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 10. Approval of Final Plat of Valentine Place No. 4 Zoning Advisory Commission recommending City Council approval of the Final Plat of Valentine Place No. 4, located at 11429 Edval Lane, Dubuque County, IA. RESOLUTION Approving the Final Plat of Valentine Place No. 4, in the city of Dubuque and in Dubuque County, Iowa. Suggested Disposition: Receive and File; Adopt Resolution(s) 11. Pre -Annexation Agreement - 10400 Timothy Street, Dubuque County with Gary F. and Ann M. Kluesner City Manager recommending City Council approval of a Pre -Annexation Agreement with Gary F. and Ann M. Kluesner property owner, of Lot 3, In "Twin Ridge Subdivision No. 2", In Table Mound Township, Dubuque County, Iowa, according to the Plat Recorded as Instrument No. 7519-75, Records of Dubuque County, Iowa known as 10400 Timothy Street, 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 Gary F. and Ann M. Kluesner Suggested Disposition: Receive and File; Adopt Resolution(s) 12. Signed Contracts for 812 Garfield and 514 Angella Projects City Manager recommending City Council approve and file the signed contracts for 821 Garfield and 514 Angella, which are currently under construction by the Four Mound HEART programs. Approval will authorize payments to Four Mounds on a weekly basis. Suggested Disposition: Receive and File; Approve 13. Signed Contract(s) Lease Agreement with Suggested Disposition Dubuque Water Sports Club for a section of Miller Riverview Park. Receive and File 19 Ya s Nays S rank Jones Roussell Resnick Farber Cavanagh Wethal 14. First Amendment to Development Agreement by and between the City of Dubuque, Iowa and Switch Development, LLC. City Manager recommending City Council adopt a resolution approving the First Amendment to a Development Agreement by and between the City of Dubuque, Iowa and Switch Development LLC., revising the Closing Date to take place June 30, 2023, and also set a new deadline of June 30, 2023, for funding the Escrow Agreement for the intersection improvements required by the Development Agreement. RESOLUTION Approving the First Amendment to Development Agreement by and between the City of Dubuque, Iowa and Switch Development, LLC Suggested Disposition: Receive and File; Adopt Resolution(s) 15. Approval of Retail Alcohol Licenses City Manager recommending City Council approval of retail alcohol licenses as submitted. RESOLUTION 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 Suggested Disposition: Receive and File; Adopt Resolution(s) 16. Resolution Approving the Consent to Assignment and Assumption Agreement Between the Hotel Dubuque L.L.C., and Novelty Iron Landlord, LLC and Approving the Eight Amendment to Development Agreement Between and among the City of Dubuque, Iowa, The Hotel Dubuque L.L.C., and Novelty Iron Landlord, LLC City Manager recommending City Council adopt a resolution approving the Assignment and Assumption of Contract Rights and Obligations between the Hotel Dubuque L.L.C., and Novelty Iron Landlord LLC and approves the attached Eighth Amendment to Development Agreement between and among the City of Dubuque, Iowa, The Hotel Dubuque L.L.C., and Novelty Iron Landlord LLC. RESOLUTION Approving the Consent to Assignment and Assumption Agreement between the Hotel Dubuque L.L.C., and Novelty Iron Landlord LLC and approving the Eighth Amendment to Development Agreement between and among the City of Dubuque, Iowa, the Hotel Dubuque L.L.C., and Novelty Iron Landlord LLC Suggested Disposition: Receive and File; Adopt Resolution(s) 17. Final Plat of Asbury Plaza No. 22 City Manager recommending City Council approval of the resolution for the Final Plat of Asbury Plaza No 22 as it is in compliance with the City of Dubuque's Unified Development Code and the Imagine Dubuque Comprehensive Plan. RESOLUTION Authorizing approval of the Final Plat of Asbury Plaza No. 22, in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 61 ITEMS SET FOR PUBLIC HEARING 1. Resolution Setting a Public Hearing on the Proposed First Amendment to Development Agreement by and between the City of Dubuque and Seippel Warehouse, LLC providing for the Issuance of Urban Renewal Tax Increment Revenue Grant Obligations Pursuant to the Development Agreement City Manager recommending City Council adopt the attached resolution setting a public hearing for May 1, 2023 on the proposed First Amendment to Development Agreement by and between the City of Dubuque and Seippel Warehouse, LLC (Developer) providing for the issuance of Urban Renewal Tax Increment Revenue Grant Obligations. RESOLUTION Setting a public hearing on the First Amendment to Development Agreement between the City of Dubuque, Iowa and Seippel Warehouse, LLC Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for May 1, 2023 Yar, Nays S rank Jones j Roussell Resnick Farber Cavanagh n Wethal R BOARDS/COMMISSIONS 1. Boards and Commission Appointments Appointments to the following commissions to be made at this meeting. i. Equity and Human Rights Commission Three, 3-Year terms through January 1, 2026 (Expired terms of Dixon, Durnin, and Kurczek) One, 3-Year term through January 1, 2024 (Vacant term of Branch) Applicants: Pamela Birch, 1550 Butterfields Michaela Freiburger, 1718 Diane Crt. Additional Applicant Jake Kurczek, 1110 Victoria PI. Kristen Leffler, 159 Julien Dubuque Dr. Lauren Link, 535 West 5th St. Candace Raymond, 1155 Tressa St. Enoc Sanchez, 2130 Morningview Rd. Theresa Sampson Brown, 2285 Clydesdale Crt. Nina Streauslin, 3904 Cora Dr. Matt Zanger, 261 Southgate Dr. Additional Applicant This commission is subject to the State of Iowa Gender Balance Law, §69.16A. 9 Commissioners total; currently 1 male/3 females/ 5 openings *Openings were advertised for 90 days while non -female identifying applicants were sought in adherence with Iowa Code 69.16A Gender Balance. *One additional 3-Year term through January 1, 2024 (Vacant term of Evans) will be presented for applicant review at the May 1, 2023, City Council meeting. This term is being advertised for 90 days while non -female identifying applicants are sought in adherence with Iowa Code 69.16A Gender Balance. 7 i/l/Rt Pamela Birch Michaela ;,'Jake Freiburger, Kurczek Kristen Leffler Lauren Link Candace Raymond Enoc Sanchez Theresa Sampson Brown Nina Streauslin Matt Zanger .prank x Jones Roussell Resnick x Farber Cavanagh Wethal Pamela Birch Michaela Freiburger Jake Kurczek Kristen Leffler Lauren Link Candace Raymond Enoc . Sanc z �- Theresa Sampson Brown Nina Streauslin Matt Zanger Sprank Jones Roussell Resnick Farber Cavanagh Wethal f, l,IlldL Pamela Birch Michaela Freiburger Jake Kurczek Kristen Leffler Lauren Link Candace Raymond Enoc Sanchez Theresa Sampson Brown Nina Streauslin Matt 1 Zangi Sprank Jones Roussell Resnick Farber Cavanagh Wethal Pamela Birch Michaela Freiburger Jake Kurczek Kristen Leffler Lauren% Link Candace Raymond Enoc Sanchez Theresa Sampson Brown Nina Streauslin Matt Zanger Sprank Jones X Roussell Resnick Farber Cavanagh lethal 9 Pamela Birch Michaela Freiburger Jake Kurczek Kristen Leffler Lauren Link Candace Raymond Enoc Sanchez Theresa Sampson Brown Nina Streauslin Matt Zangei Sprank Jones Roussell Resnick Farber Cavanagh Wethal Pamela Birch Michaela Freiburger Jake Kurczek Kristen Leffler Lauren Link Candace Raymond Enoc Sanchez Theresa Sampson Brown Nina Streauslin Matt Zangei Sprank Jones Roussell Resnick Farber Cavanagh Wethal Pamela Birch Michaela Freiburger Jake Kurczek Kristen Leffler Lauren Link Candace Raymond Enoc Sanchez Theresa Sampson Brown Nina Streauslin Matt Zangei Sprank Jones Roussell Resnick Farber Cavanagh Wethal Pamela Birch Michaela Freiburger Jake Kurczek Kristen Leffler Lauren Link Candace Raymond Enoc Sanchez Theresa Sampson Brown Nina Streauslin Matt Zangei Sprank Jones Roussell Resnick Farber Cavanagh Wethal fl ii. Park and Recreation Advisory Commission One, 3--Yearterm through June 30, 2025 (Vacant term of Wood) Applicants: Jason Henkei, 1888 Saint Joseph St. Ericson -Hutson, 1430 Oeth Crt. Additional Applicant Shirley Snow, 779 University Ave. Ya s Nays S rank Jones Roussell Resnick Farber Cavana h Wethal Yas Nays Sprank Jones Roussell Resnick Farber Cavanagh Wethal 10 PUBLIC HEARINGS 1. Voluntary Annexation Request - John and Diane Brehm (property owners) and Seippel Warehouse LLC (applicant and future property owner) Proof of Publication on notice of public hearing to consider approving an application for voluntary annexation of territory to the City of Dubuque, Iowa and City Manager recommending approval. RESOLUTION Approving an Application for Voluntary Annexation of Territory to the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Ya Nays Sprank Jones Roussell Resnick Farber Cavanagh Wethal 11 2. Request to Rezone Brehm Acres Proof of publication on notice of public hearing to consider a request from John and Dianne Brehm to rezone Brehm Acres from AG -Agriculture to Planned Unit Development with PI - Planned Industrial zoning designation, to construct a 250,000 square foot warehouse on the subject property and Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances Unified Development Code by rescinding Ordinance No. 2-13 which established regulations for a PUD Planned Unit Development with a PI Planned Industrial Designation and adopting an amended PUD Ordinance that expands the district by incorporating an additional parcel of land Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readin s Yas Nays Sprank Jones Roussell Resnick Y Farber Cavanagh Wethal Final Reading and Adopt Yas Nays Sprank Jones Roussell Resnick Farber Cavanagh Wethal 12 3. Request to Rezone 1061 Cedar Cross Road Proof of publication on notice of public hearing to consider a request from Nemmers Cedar Ridge Farm Limited Partnership to rezone property at 1061 Cedar Cross Road, from CS Commercial Service and Wholesale to C-3 General Commercial, and Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 1061 Cedar Cross Road from CS Commercial Service and Wholesale District to C-3 General Commercial District Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readin s Yas Nays T Sprank j Jones Roussell Resnick Farber Cavanagh Wethal pt Final Readino and AItas Yas S rank Jones Roussell Resnick Farber Cavanagh Wethal 13 4. Request to Rezone 900 Alta Vista Street Proof of publication on notice of public hearing to consider City Council approval of a request from Affordable Housing Network Inc. to rezone property located at 900 Alta Vista Street from ID Institutional District to OR Office Residential District, and Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 900 Alta Vista Street from ID Institutional District to OR Office Residential District Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readin s Yas Nays Sprank Jones Roussell Resnick Farber Cavanagh Wethal Final Reading and Ado t Yas Nays. Sprank Jones Roussell Resnick Farber Cavanagh Wethal 14 5. Request to Rezone 1301 Central Avenue Proof of publication on notice of public hearing to consider approval of a request from Scott Kwiencinski to rezone property located at 1301 Central Avenue from C-4 Downtown Commercial to OR Office Residential to allow for residential uses on the first floor, and Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described parcel of land located along Central Avenue, Loras Boulevard, West 13th Street, and Iowa Street within the city of Dubuque from C-4 Downtown Commercial District to OR Office Residential District Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings rank As nes nNa ussell snick Farber Cavanagh Wethal Final Reading and Ado t Yas Nays Sprank Jones Roussell Resnick Farber Cavanagh Wethal 15 6. Proceedings for the Public Hearing on the Issuance of Not to Exceed $6,250,000 Taxable General Obligation Bonds, Series 2023A Proof of publication on notice of public hearing to consider City Council approval of the suggested proceedings for the public hearing on the issuance of selling not to exceed $6,250,000 in Taxable General Obligation Bonds, and City Manager recommending approval. RESOLUTION Taking additional action on proposals to enter into Loan Agreements and combining Loan Agreements Suggested Disposition; Receive and File; Adopt Resolution(s) Yas Nays 4- Sprank Jones f Roussell Resnick Farber Cavanagh Wethal ill 7. Public Hearing for Sale of City -Owned Property at 2407 Queen Street Proof of publication on notice of public hearing to consider City Council hold a public hearing and approve the purchase agreement for 2407 Queen Street to Melissa Sarazin for the submitted offer of $145,000, and City Manager recommending approval. RESOLUTION Disposing of city interest in real property at 2407 Queen Street, in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Yas Nays Sprank Jones Roussell Resnick Farber Cavanagh Wethal 17 PUBLIC INPUT M ACTION ITEMS 1, Resolution of Support for Proposed Low Income Housing Project — Horizon Development City Manager recommending City Council approval of a resolution of support for a proposed 30-unit low-income housing project by Horizon Development at 1301 Central Avenue. RESOLUTION Providing a Letter of Support for a Low-income Housing Tax Credit Project proposed by Horizon Development Suggested Disposition: Receive and File; Adopt Resolution(s) Yay,,s Nays Sprank Jones Roussel] Resnick Farber Cavanagh Wethal 19 2. Resolution of Support for Proposed Low Income Housing Project — Gronen Development City Manager recommending City Council approval of a resolution of support for a proposed rehabilitation of low-income housing at the Henry Stout Apartments, 125 W 9th Street by Gronen Development. RESOLUTION Providing a Letter of Support for a Low -Income Housing Tax Credit Project proposed by Gronen Development Suggested Disposition: Receive and File; Adopt Resolution(s) Yas Nays Sprank Jones Roussell Resnick Farber Cavanagh Wethal 20 3. 2022 Most Dynamic Metros Publication City Manager providing a copy of Heartland Forward's 2022 Most Dynamic Metros publication. Suggested Disposition: Receive and File Ya ,s Nays 1/1 Sprank Jones Roussell Resnick Farber Cavanagh Wethal 21 4. Leisure Services Temporary Employee Recruitment & Hiring Update City Manager providing an update on the recruitment and hiring of temporary staff with the Leisure Services Department. Suggested Disposition: Receive and File Yayp Nays S rank Jones Roussell Resnick Farber Cavanagh Wethal 22 5. Work Session Request: Achievelt and Imagine Dubuque City Manager recommending City Council schedule a work session on Monday, June 5th, 2023, at 5:30 p.m. at the Historic Federal Building for the purpose of hearing a presentation on the Achievelt performance management system and an Imagine Dubuque Comprehensive Plan update. Suggested Disposition: Receive and File; Council Yay,s Nays S rank Jones Roussell Resnick Farber ,f Cavanagh Wethal 23 6. Delivering Dubuque: Trash Tipper Carts Video Media Services will show the Delivering Dubuque episode featuring trash tipper carts. This video can be viewed at: httpsa/youtu.be/kg3HOhTomoo Suggested Disposition: Receive and File; Video Yas Nays S rank Jones Roussel[ Resnick Farber Cavanagh Wethal em COUNCIL MEMBER REPORTS Roar se 1 S" A ` , , f� -;� IC Jo4 Th - 9 a�Od CLOSED SESSION Purchase or Sale of Real Estate — Chapter 21.5(1)(j) Code of Iowa Motion for closed session @ 3 �`-I p.m. Mayor Cavanagh stated for the record that the attorney who will consult with City Council on the issues to be discussed in the closed session is Ya s Nays _J Sprank Jones a Roussel] Resnick Farber -Cavanagh Wethal Reconvene in open session @ p.m. ADJOURNMENT @ p.m. 25 1 I r � + ' • MIN i. .ram_.. UP MIMI, WINE "ll-all �r I • WAV�-' , 5c4-1 -- K , col Ea5(-acr- r, r� i v � •V Y � t Y � AcJl /I kr p s gyp, .I t".e Ali