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Proof_City Council Proceedings 04.03.23 Copyrighted May 1, 2023 City of Dubuque Consent Items # 01. City Council Meeting ITEM TITLE: Minutes and Reports Submitted SUMMARY: City Council Proceedings of 4/17/23 and 4/24/23; Historic Preservation Commission of 4/20/23; Housing Commission of 1/31/23; Library Board of Trustees of 1/26/23 and 2/23/23; Library Board of Trustees Update of 3/23/23; Proof of Publication for City Council Proceedings of 4/3/23. SUGGESTED Suggested Disposition: Receive and File DISPOSITION: ATTACHMENTS: Description Type City Council Proceedings of 4/17/23 Supporting Documentation City Council Proceedings of 4/24/23 Supporting Documentation Historic Preservation Commission of 4/20/23 Supporting Documentation Housing Commission of 1/31/23 Supporting Documentation Library Board of Trustees of 1/26/23 Supporting Documentation Library Board of Trustees of 2/23/23 Supporting Documentation Library Board of Trustees Update of 3/23/23 Supporting Documentation Proof of Publication for City Council Proceedings of Supporting Documentation 4/3/23 STATE OF IO�VA SS: DUBUQUE COUNTY CERTIFICATE OF PUBL�CATION I, Kathy Gaetzinger, a Billing Clerk far Woodvvard Communications, Inc., an Iawa corporation, publisher of the Telegraph Herald, a newspaper of general circula[ion published in the Ciry af Dubuque, County c�f Dt�buque and State o€Iowa; Elereby certsfy that t�e attached notice was published icl said newspaper on the F�Ilawing dates: ":.`'_.^_,'2023 and for which the charge is 338.33 ���/�'C � ' ��� �"�� - -- r - � \ , ... - �- _ � Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 12th day of April, 2023 � Notary bl' in and for Dubuque o�nty, Iowa. ��a+��a� JAN�T K. RAP� o y �o�mission IVumber 189869 � � My Cort3mission Explrea �aWp �2(9112025 Aci text : CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION Tl�e Dubuque City Council met in special session at 6:Q0 p.m. on April 3, 2023, in tt�e second-floor Council Chambers of tl�e Historic Federal Building, 350 W. 6tli Street. Present: A�ayor Cavanagh; Coimcil Members Farber, Jones, Resnick, Roussell, Spranlc, V1Tethal; City D�anager Van Milligen, City Attorne}� B�mwell. A�ayor Cavanagh read the call and stated this is a special sessiu�i of Ehe Ciry Council called for the purpose of canducting a work session on the Carnegie-5taut Public Library Strategic Plan. ��VQRK S�SSION CARNEGIE-STOUT PUBLIC LIBRARI'STRATEGIC PLAN Carnegie-Stout Fublic I�ibrary Directar Nicic Rossman presented on the Board of Trustees approrred Strategic Plan far the Carnegie-Stou[Public Libra��y. 11�r. Rossman responded to q_uestions fram the City Cauncil regarding thz availability of free parking options near the library, how parking availabiliry factors into the librarys accreditation, and the previous time a strategic plan was adopted. Responding ta a question fro�n tf�e City Council regarding how smart parking options can factor into the librarys parking, City Manager �an Milligen stated that the city will issue a Request for Proposals (RFP) to learn what smart parking options firms can provide. There being no further husiness, A�Iayor Cavanagh declared the mee�;�.� adjaurned at 6:26 p.m. /s/Adriez�r►e N. Breitfelder, CMC City Clerk CITY OP DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGi3LAR SESSI�N The Dubuque City Council met in regular session at 6:30 p.nr�. on April 3, 2023, in the secand-floor Coiincil Chambers of the Historic Federal Building, 35�W. 6th Street. Present: Mayor Cavanagh; Council A�embers Farber, Jones, Resnick, Rousseli, Spranlc, Wethal; City Manager Van Milligen, City Attorney Bn�mwell. Mayor Ca�anagh read the call az►d stated this is a regular session of the City Council called far the purpose of co7ducting such business that may properly come before the City Council. P�.EDGE OF ALLEGIANCE PR�C�,AMATION(S) L'�sexual Assault Awareness IuIonth (April Z023) was accepted by Sarah McK�nzie apd Sarah Fitzgerald on behalf o�the Ri�erview Center. 2. Junior Acluevement Day (April 6, 2023) was accepted 6y Scott �llerbach on behalf of Junior Achievement of the Heartland. 3. Cammunity De�elapment Week(April IO-14, 2023) was accepted by Theresa Caldwell, Executive Director of the Dubuque Popd Pantry, on behalf of the�Iousing and Community De�elopment Department. 4. Dubuque YP Days of Caring (April 28, 2023) was accepted hy Carnegie-S�out Public Library Director Nick Rossman on behalf of the Dubugue Area Chamber of Commerce's Young Professionals. 5. Clarke University Women's Basketball Team 2023 NAIA National Champions was accepted by Clarke Uni�ersity Wamens Basketl�all Head Coach Courtney Boyd and hasketball team membez-s Einma Kelchen and Athena Ubl on behalf of Clarke University. CONS�NT ITEMS Motion by Resnick to receive and #"ile the documents, adopt tE�e resotutions, and dispose of as indicated, Seconded by Farber. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 3/20/23, 3/Z1/23, 3/22/23, and 3/23/23; Historic Preservation Commission of 3/16/23; Library Board of Trustees Updat�of 2/23/23; Proof of Publication for City CounciI Proceedings of 2/2p/23, 2/21/23, 2/27/23, 3/6/23, 3/7/23, 3/8/23, and 3/�',�23. Upon znotion the dacuments were r�ceived a�d Fi[ed. 2. Notice of Clai�ns and Suits: Rebecca Ambrosy for vehicle damage; Connie Carroll for property damage; Tony Cross for property damage; Susan Harris for vehicle damage; James Hauber for property damage; Ruth McEnany for property damage; Alex Pfeiffer far vehicle damage. Upon motion the documents were received, Filed, and referred to the City Attorney. - 3, Disposition af Claims: City Attorney advised that the following claims �ave been referred to Public Entity Risk Services of Iowa, the agent far the Iowa Communities Assurance Pool: Aebecca Ambrasy far vehicle da�nage; Connie Carroll fo�� properry damage; Tany Cross for property darz�.age; Susan Harris for vehicle damage; ]ames Hauber for property damage; Ruth McEnany for property damage; Alex Pfeiffer for vehicle damage. Upon motion the documents were received, filed, and concuxred. 4. Approval of City Expenditures: Upon mation t[�e documents were received �.nd filed, and Resolution No. 79-23 Authorizing t�e Chief Financial Officer/City Treasurer to make certain payments of bills that must be paid and appraved for payment in accordance with City procedures was adopted. 5. Fiscal Year 2Q24 Community Development Block Gzant Annual Aciion Plan: Upon motion the docuznents were received and filed, and Resolution Na. $0-23 Adapting tE�e Fiscal Year 2024 (Prograzn Year 2023) Community Development Block Grant{CDBG) Annual Actaon Plan for Approval was adopted. C. Second Arnendment to Community Development Block Grant {CDBG) Sui�recipient Agreement between the City of Dubuque and Dubuque Community School District: Upon motion tYae documents were received and �iled, and Resolution No. 81-23 Authorizing the Second Amenciment to the CDBG Subrecipient Agreement between t�e City of Dubuque and Dubuque Community School District was adapted. 7. �irst Amendment to tl�e Hausing T'IF Agreement with Affordable Housing Network Inc (AHNI): Upon motion the documents wer�recei�ed and filed, and Resolution No. 82-23 Approving the First Amendmenk to an Agreement with Affordable Housing Network, Inc. for the z�habilikation of residential properry within the City af Dubuque for resale or rental to low and moderate-incame families was adopted. 8. Grass and Weed Cutting and Garbage Collection Assessments: Upon motion the documents were received and filed, and Resolution Na. 83-23 Authorizing the city to � collect delinquent grass and weed cutting and garbage collection charges in accordance with Tit�e 6-4-3A and Tikle 6-5-2 of the Code of Ordinances of the City of Dubuque, Iowa was adoptec�. �. Problem Properry Assessment: Upon motion the documents were received and filed, and Resolution No. 84-23 Authorizing tk�e city to collect delinquent problem property charges in accardance with 14-iJl International Property Maintenance Code Section 1d6.5 and/or Section 109.5 Code af Ordinances of the City of Dubuqae, Iowa was adopted. ld. Resolution of Suppart for Proposed Low Incame Housing Project in the Amended Radford Aoad Urban Revitalization Area: Upon motion th�documents were recei�ed and filed, and Resolution No. &5-23 Providing a Letter of Suppart for a Low-Income Housing Tax Credit Project proposed by Dubuque Housing Group was adopted. 11. Autharizing the Filing of an Application and Letter of Support to the Iowa Economic ➢evelopment Authority Community Catalyst Building Remediation Grant Program on behalf of Nia Neighborhoods Opportunity Zone Fund, LLC: LJpon motion the documents were r�.ceived and filed, and Resalution No. 86-23 Authorizing the filing of an application and letter of support with the Iowa Economic Develapment Authority for the application by the City of D�buque�on behalf of Nia Neighbor�oods Opportunity �,one Fund, LLC for a Community Catalyst Building Remediation Grant was adopted. 12. Transmission of Application Guidelines for Fiscal Year 2024 Arts &Culture Special Projects Grant Program: Upon motion the docurr�ents were recei�ed and filed. 13. Transmission of Application Guidelines for Fiscal Year 2024 Arts& Culture Operating Support Grant Program: Upon motion the documents were received and fiied. 14. Fiscal Year 2024 Planni�ng Services Department - Increased Fees: Upon motion the documents were received and filed, and Resolution No. 87-23 Rescinding Resolation No. I37-21, 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 Dabuque Code oF Qrcfinances, Unified Development Code was adopted. 15. 2422 Pa�ement Marking Project: Acceptance af Public Improvement Construction Contract: Upon motion the documents were received and filed, and Resolution No. 88-23 Accepting the 2Q22 Pavement Marking Project and authorizing the payment to the contractor was adopted. 15. 2023 Asphalt O�erlay Curb Ramp Project 3: Upon motion the documents were received, filed, and made a matter af recard. I7. English Lane Sanitary Replacement Project: Upon mot'son the documents were recei�ed, filed, and made a matter of record. 18. Rebuilding Bridges to Equiry &Employment(RAISE) Grant Publication: Upon motion ti�e documents were recei�ed and filed. 19, 5igned Contract(s): Engineering & Construction Innovations, Inc. for the Upper Bee.Branch Creek Restoration Railroad Sanitary Interceptor Crossing Project; Yamaha Motor Finance Coxporation, U.S.A., for Amendment#2 to Equipment Schedule#11b561. Upon motian the documents were received and filed. 20. Impro�ement Contracts/Performance, Payment ancE Maintenance Bonds Midwest Concrete, Inc. for the 2023 Asphalt Overlay Ramp Project Two. Upon motion the documents were , received, filed, and appro�ed. 21. Adoption of the March 2023 Replacement Supplement ta tF�e City of Dubuque Code of Ordinances: Upon motion the documents were received and filed, and Resolution No. 89-23 Adopting March 2Q23 Repiacement Supplement to the Code of Ordinances of the City of Dubuque, Iowa was adopted. 22. Amended 2022 City Council Official Proceedings: Upon motion the documents were received, filed, and appro�ed, 23. Appraval of Retail Alcohol Licenses: Upon motion khe documents were recei�ed and filed, and Resolution No. 90-23 Approving applications for retail alcohol licenses, as required by City of Dubuque Code of Ordizaattces Title 4 $usiness and License Regulations, Chapter 2 Liquoz Control, Article B Liquoc, Beer and Wine Licenses and Permits was adoPted. ITEMS SE� FOR PUBLIC HEARING Motion by Roussell to receive and t'ile the documents, adopt the resolutions, and set the pubiic hearings as indicated. Seconded by Wethal. Motion carried 7-0. 1. Proceedings to Set Public Hearing on the Issuance o�Not to Exceed $5,$00,000 General Obligation Boncfs, Ser'ses 2Q23; Upon motion the documents were recei�ed and filed, and Resolutian No. 91-23 Setting the date For pub3ic hearing and additional action on proposal to enter into General Obligation Loan Agx-eemants and to borraw moaey thereander was adopted setting a public hearing for a meeting to commenca at 6:30 p.m. on April l7, 2023 in the Historic Federal Building. 2. Set Public Hearing for Sale of City-Owned Property at 2407 Queen Street: Upon motian the documents were receiv�d and filed and Resolution No, 92-23 Intent to dispose of an interest in City of Dubuque Real Estate to Melissa Sarazin, setting a time and place for hearing, and providing for the publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. an April 17, 2023 in the Historic Fedez•al Buiiding. 3. Resolution af Necessiry for khe Proposed Amended and Restated Ux•ban Renewal Plan for the Greater powntown Urban Renewal District, Version 20232: Upon motion the documents were receiv�d and filed and Resolution No. 93-23 Auchorizing and directing the City Manager to prepare an Amended and Restated Urban Renewal Plan, Version 2023.2 for the Greater Downtown Urban Renewal District and setting the date far a ptjbiic hearing anc� consultation on the proposed Amended and Restated Urban Re�ewal Plan, Version 2Q23.2 for said dis#rict was adapted ser.ting a pu6lic hearing for a meetang to commence at 6:30 p.m. on May 1, 2023 in the Historic Federal Building. BOARDS/COMMISSIONS Baaa�ds and Commission Applicant Review: Applications were reviewed for the following Boards and Commissions. Applicants were invited to address the Ciry Council regarding their desire to serve on the fol�owing Boards/Commissions. 1. Equity and Human Rights Commission: Three, 3-Year terms .,. through January 1, 2026 {Expiz�ed terms of Dixon, Durnin, and Karczek); One, 3-Year terrn through January 1, 2024 (Vacant tez�m of Branch). Applicants: Pamela Birch, 1550 Butterfields Dr.; Jake Kurczek, lI1Q Victoria Pl.; Kristen L�ffler, 159 .Tulien Dubuque Dr.; Lauren Link, S35 West Sth St.; Candace Raymond, 1155 Tressa St.; Enoc Sanchez, 2130 Morningview Rd.; Theresa Sampsan Browm, 2285 Clydesdale Crt.; Nina Streauslin, 3904 Cora Dr. This commission is subject to the State of Iowa Gender Balance Law, *64.16A. 9 Cocnmissioners tatal; 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, *4ne additional 3-Year kerm through January 1, 2024 (Vacant term af Evans} will be presented for applicant review at the A�Iay 1, 2023 City Council meeting. This term is being advertised for ,. 90 days while non-female identifying apglicants are sought in adherence with Iowa Code 69.16A Gender Balance. City Clerk Breitfelder announced thak Equity and Human Rights Commission Chairperson Carla Anderson, 1131 Main St. Apt. l, submitted written input in support of Mr. Sanchers application. 2. Paz�k and Recreation Ad�isory Comrnission; One, 3-Year terzzi through June 3Q, 2025 (Vacant term of Wood). Ap�licants: Shirley Snow, 779 University A�e.; Jason Henkel, 1888 Saint Joseph St. PUBLIC HEARINGS y c„h��ssion of Annual Public Housing Agency (PHA) Plan Federal Fiscal Ye�r 2023 (PHA Fiscal Year 2024) Annual Plan: Mot'san by Resnick to receive and file the documents and adopt Resolation No. 94-23 Authorizing t;ie Mayor to execute the Certification by 5tate or Lacal Office of Public Housing Agency (PHA) Plans Consistency with the Consolidated PIan ar�d approval of tha PHA Fiscal Year 2024 Annual Plan. Seconded by Rnussell. Anthony Allen, Dubuque NAACP President; and R.R.S. _ Stewart, 450 Summit St. and 741 W. 3rd St., Dabuq�e NAACP Treasurer, spoke in apposition ta the praposed pian, referencing the United States Depactment of Housing and Urban Derretapments {HUD) past conclusion that t13e cirys previous policy on granting preference for hoiising choice vouchers (HCVs) to local residents was discriminatory. Tom LoGuidice, 786 Stoneridge Pl., expressed concerns thaC low-income residents cannot find qualiry housing and provided information on subsidized housing under Seccion 42. Responding to a guestion from the City Council, Housing and Community DP�IP�opment Director Alexis Steger stated that the city added 110 affordable housing units last year. Ms. Steger stated that the city has not yet imp�emented residency preference for HCVs and that the department has ongoing con�ersations with HUD regarding the proposed residency preference. City Manager Van Milligen stated that HUD authorizes �he city far over 1100 HCVs but only funds around 800, and that if the city does not use all of the allocated HCVs then the city may receive less funding the following year. City Manager Van Milligen also stated that HUD pror+ided names of cities that currently have residericy preference provisions. City Attorney Brumwell referenced Code of Federal Aegulations (CFR): 24 CFR 960.206, which states that residency requzrements are prohibited but residency preferences are permitted. City Attarney Brumwell further stated that t�e plan is renewed on an annua� basis and that the City Council has more cantrol over the day-to-day operations of the administrative plan. Ms, Steger stated that the department will raceive a Section S audit from HUD this Jn,e ^.ryd will also receive eight hours of technical assistance on any topic of their choice, both of which will provide the department with key data and feedback for the plan. City Council members discussed the perceptions of residency preference and whether the plan shauld 'anciude it, City Council members alsa discussed tkae need for affordable housing and the importance af maintaining their allocated federal funding for HCVs. Matian carried 5-2 w�th Resnick and Wethal voting nay. 2. Resolution of Approval for the Propased Amended and Restated Urban Renewal Plan for the G�'eater Dawntawn Urban Renewal District, Version 2023.I: Motion by ResnicE�to receive and file the documents and adopt Resolution No. 95-23 Approving the Amended and Restated Ur6an Renewal Plan for the Greater powntawn Urban Renewal District, Version 2023.1. �econded by Farber. Motion carz�ied 7-0. 3. Public Hearing for Sa[e of City-Qwned Property at 612 Lincoln Avenue: Motion by Sprank to receive and file the documents and adapt Rasolution No. 96-23 Disposing of city interest in real property at 612 Lincoln, in the City of Dubuque, Iowa. Seconded by 7ones. Mation carried 7-0, PUBLIC INPUT 7im Gantz, 12241 Forest Meadow Dr., spoke regarciing his U�ion Park Place Town Apartznents and Townhomes Development Plan that he submitted to the city and the proposed access to the property on the Northwest Arterial. ACTION ITEMS 1. Subdivision Development Agreement for a Portion of Asbury Plaza Subdivision along Plaza Drive to be known as Asbuzy Plaza No. 22; Motion by Roussell to recei�e and file the documents and adopt Resolution No. 97-23 Apprflving a Subdivision De�elopment Agreement for a portion of Asbury Plaza by and aznang the City of Dubuque, Iowa, Talon Development, LLC, Eagie Construction, Inc., and Fox Hills Apartments, LT,C. Seconded by Wethal. Motion carried 7-0. 2. Work Session Aequest: Flock Safety AutomaCed License Plate Reader Presentation: Motion by Jones to recei�e and file the doeuments and schedule the work session far S:IS p.m. on Manday, May 15, 2023. Seconded by Resnick, No scf�edule conflicts ware expressed. Motian carried 7-0. 3. Rightsize Your Trash Cart Video: Motion by Rousseli to receive and �ile the documents and view the video. Seconded by Far6er. Media Services showed a video on rightsizing your trash cart that was launched in advance of the citywide deployment of 35-gallon carts in early April. The video was produced by Media Services staff in the Public Information Office and can be viewed at; https://youtu.be/-8VuB3EjyGk. Motion carried 7-Q. COUNCIL MEIvIBER REPORTS Mayor Cavanagh and Council Members Faz�ber, 7ones, and Wethal reported on the City Councils recenf trip to Washington, D.C. to meet with federal legislators and agencies. Mayac- Ca�anagh and Council Member Jones also reported an the recent severe weather. Additionally, Council Member]ones reported on recei�ing a book on Ted EIlsworth from a group of residents advocating that Pyatigorsk Park be renamed in honor of Ted Ells�vorth. Council Member Jones stated he was unable to accept the book due to the Gift Law provision of Iowa Code but has provided it to Carnegie-Stout Public L�brary for public view. CLOSED SESSION Motior► by.Tones to convene in c�osed session at 8:20 p.m. to discuss Purchase or Sale of Real Estate Chapter 21 S(1){j) Cade of Iowa. Secanded by Roussell. Mayor Ca�anagh stated far the record that the attorney who will cansult with the City Council on the issues to be discussed in the closed session is City Attorney Brumwell. Motion carried 7-0. The Ciky Cauncil reconvened in open session at 9:14 p.m. stating that staff had been given proper direction. Tliera being no£urther business, Mayor Cavanagh declared the rrieeting adjourned at 9:14 p.m, /s/Adrienne N. Breitfelder City Clerk • lt 4/12