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07 17 23 City Clerk's NotesCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:30 p.m. on July 17, 2023, in the second - floor Council Chambers ,of�the Historic Federal Building, 350 W. 6th Street. Present: Mayor Cavnagh; Council Members Farber, - om , Resnick, Rousseil, Sprank, W!�al; City Managean Milligen, City AttVney Brumwell. Absent: Jc n. C5 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 state legislation and property tax reform's impact on city revenue. WORK SESSION State Legislation/Property Tax Reform - Impact on City Revenue Chief Financial Officer Jennifer Larson will make a presentation on recent state legislation and property tax reform's impact on city revenue. bru(nuAl9�e5e� C��sed 6,A.6 open s There being i ,` P.M. J J V/ J 55"kon, 6,4pm Z no further business, 5�55, roA_r 4an 0J_ -F�rb e Re5A"C / 5Fr- t#_ C,040 � e--�� 1 R04s5C 11 Mayor Cavanagh declared the meeting adjourned at CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on July 17, 2023, in the second - floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Prepent- Mayor Cavanagh; Council Members Farber, -dames, Resnick, Roussell, Sp rank, Wet` l; City Managevan Milligen, City Attofney 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 i►: CONSENT ITEMS Na s -Yay,s Farber Resnick S rank Cavanagh Wethal Roussell I. Minutes and Reports Submitted Arts and Cultural Affairs Advisory Commission of 4/25/23 and 5/23/23; City Council Proceedings of 6/26/23, 6/28/23, and 715123; Zoning Board of Adjustment of 6/22/23; Proof of Publication for City Council Proceedings of 5/31/23 and 615123. Suggested Disposition: Receive and File 2. Notice of Claims and Suits Joseph Ede for property damage; Denise Hackbarth for vehicle damage; Lawrence Herrig for property damage; Thomas and Sandra Sitzmann for property damage; Teresa Stegall for personal injury; Michael Thill for property 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: Joseph Ede for property damage; Denise Hackbarth for vehicle damage; Lawrence Herrig for property damage; Juan Lampe for property damage; Brian Sanger for property damage; Thomas and Sandra Sitzmann for property damage; Teresa Stegall for personal injury; Michael Thill for property 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. Corrected Legal Description by Resolution for Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, Version 2022.3 City Manager recommending City Council adopt a resolution correcting the scrivener's error in the Urban Renewal Plan for the Dubuque Industrial Center Economic Development District to support reinvestment efforts in the Area. RESOLUTION Nunc Pro Tunc correcting and amending a scrivener's error in certain legal descriptions included in the Urban Renewal Plan for the Dubuque Industrial Center Economic Development District Suggested Disposition: Receive and File; Adopt Resolution(s) 3 Yas Nays Farber Resnick S rank Cavanagh Wethal Roussell Jones 6. Engineering Technician Additional Position Request City Manager recommending City Council approval to add a non-exempt (hourly), full-time (1.0 FTE) Engineering Technician position to save money by reducing overtime and reducing the need to hire private engineering consultants that bill out at much higher rates. Suggested Disposition: Receive and File; Approve 7. Approval of Plat of Survey of Lot 1 B of Roger F. and Kathleen A. Klauer Family Place, in the City of Dubuque, Iowa for Vacating Petition (Agreement Between City of Dubuque and CC15, LLC) City Manager recommending City Council adopt a resolution approving the Plat of Survey of Lot 1 B of Roger F. and Kathleen A. Klauer Family Place, in the City of Dubuque, Iowa. RESOLUTION Approving Plat of proposed vacated portion of Bies Drive, in the City of Dubuque, Iowa, to be known as Lot 18 of Roger F. and Kathleen A. Klauer Family Place, in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 8. Agreement with Dennis R. Walker for the Vacation and Sale of National Street Right of Way South of Burlington Street Adjacent to Walker Property at 3009 Burlington Street City Manager recommending City Council approval of an agreement with Dennis R, Walker (Walker) related to the vacation and sale of certain street right of ways adjacent to the property at 3009 Burlington Street, Dubuque Iowa and authorize the City Manager to execute said agreement. RESOLUTION Approving an Agreement between the City of Dubuque, Iowa and Dennis R. Walker Suggested Disposition: Receive and File; Adopt Resolution(s) 9. Iowa Department of Transportation Funding Agreement for Statewide Transportation Innovation Council Incentive Program Project City Manager recommending City Council authorize the City Manager to execute a Funding Agreement with the Iowa Department of Transportation (DOT) for an Iowa Statewide Transportation Innovation Council (STIC) Incentive Program called Hyperflow that will continuously monitor and report on the performance of signalized intersections withing the City of Dubuque for one year. RESOLUTION Approving a Funding Agreement (ST-018) with the Iowa Department of Transportation for a Statewide Transportation Innovation Council (STIC) Grant that will continuously monitor and report on the performance of signalized intersections within the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s) 0 Ya is Nays Farber Resnick S rank -Cavanagh Wethal Roussell Jones 10. Fiscal Year 2023 and 2024 Contracted Service Agreement: DuRide City Manager recommending City Council approval of a contracted services agreement for fiscal year 2023 and fiscal year 2024 with DuRide for $30,000 each year to provide transportation services for senior citizens. Suggested Disposition: Receive and File; Approve 11. Signed Contract(s) RACOM for the Dubuque Water Distribution Harris P25 Radio Equipment. Suggested Disposition: Receive and File 12. Communications Assistant Position City Manager recommending City Council approval to combine the currently vacant 0.5 FTE Communications Assistant position in the Public Information Office and the currently vacant 0.7 FTE Marketing Coordinator position at the Airport to create a 1.0 FTE Communications Assistant position in the Public Information Office. Suggested Disposition: Receive and File; Approve 13. City Fiscal Year 2024 Update to Dubuque County Resource Enhancement and Protection Program (REAP) 5-Year Plan City Manager recommending City Council approval of the City of Dubuque's FY 2024 update to the Dubuque County 5-Year Resource Enhancement and Protection Program (REAP) Plan. Suggested Disposition: Receive and File; Approve 14. Adoption of Supplement Number 2023 S-11 to the City of Dubuque Code of Ordinances City Clerk recommending City Council approval of the resolution adopting Supplement No. 2023 S-11 as part of the Code of Ordinances of the City of Dubuque. RESOLUTION Adopting Supplement No. 2023 S-11 to the Code of Ordinances of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 15. Settlement Agreement, Fas Mari #5159 City Manager recommending City Council approval of the Tobacco Compliance Settlement Agreement with Fas Mart #5159, 2175 Central Avenue. Suggested Disposition: Receive and File; Approve 16. Settlement Agreement, Casey's General Store, Inc #2421 City Manager recommending City Council approval of the Tobacco Compliance Settlement Agreement with Casey's General Store, Inc. #2421, 4003 Peru Road. Suggested Disposition: Receive and File; Approve 5 Yas Nays Farber Resnick S rank Cavanagh Wethal Roussell Jones 17. Settlement Agreement, Liquor Tobacco and Grocery City Manager recommending City Council approval of the Tobacco Compliance Settlement Agreement with Settlement Agreement, Liquor Tobacco and Grocery, 1998 Jackson Street. Suggested Disposition: Receive and File; Approve 18. 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) C ITEMS SET FOR PUBLIC HEARING 1. Petition to Vacate a portion of Bies Drive, in the City of Dubuque, Iowa for Vacating Petition (Agreement Between City of Dubuque and CC15, LLC) City Manager recommending City Council adopt a resolution to schedule a public hearing for August 7, 2023, for the vacation and disposal of city interest of the right of way property described as Lot 1 B of Roger F. and Kathleen A. Klauer Family Place, in the City of Dubuque, Iowa. RESOLUTION Intent to vacate and dispose of a portion of Bies Drive, in the City of Dubuque, Iowa, to be known as Lot 1 B of Roger F. and Kathleen A. Klauer Family Place, in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for August 7, 2023 2. Burlington Street Water Main Improvement Project - Initiate Public Bidding and Set the Public Hearing Date City Manager recommending City Council adopt the resolution granting preliminary approval of the plans, specifications, form of contract, and estimated cost of $440,300 for the Burlington Street Water Main Improvement project, and establish August 7, 2023, as the date of the public hearing. RESOLUTION The Burlington Street Water Main Improvement Project 2023: 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 advertisement for bids Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for August 7, 2023 3. Human Rights Commission Request for Commissioner Removal Human Rights Commission requesting City Council schedule a public hearing to consider the removal of Commissioner Dereka Williams -Robinson from the Human Rights Commission for noncompliance with the attendance requirement of the Code of Ordinances. RESOLUTION Setting a public hearing on the intent to consider the removal of a commissioner from the Human Rights Commission Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for August 7, 2023 4. Set for Public Hearing - Butler Children's Garden Voluntary Annexation Request City Manager recommending City Council approve the resolution to set the public hearing on the voluntary annexation request filed by the Butler Children's Garden Foundation, Inc. (applicant and property owner) for approximately 18.717 acres of property for August 21, 2023. 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 August 21, 2023 7 -YaypN a s Farber Resnick Sprank Cavanagh Wethal Roussell BOARDS/COMMISSIONS 1. Boards and Commission Applicant Review i. Civic Center Commission One, 3-Year Term through June 29, 2024 (Vacant term of Gavin) Applicant: Danielle Jacobs, 3130 Shiras Ave. ii. Historic Preservation Commission City Code §16-10-1(H) states that if a vacancy occurs in a seat which requires that the appointee be a resident of a historic preservation district and for which there is no application from a qualified resident, the city council must appoint a tenth commissioner, which appointment is temporary, and upon appointment of a qualified resident to the vacancy, the temporary appointment terminates. One, interim term due to vacancies of the Cathedral District term and Old Main District term Applicants: Cole Hansen, 408 Burch St. (Lives outside of historic districts) Heidi Pettitt, 3116 Central Ave. (Lives outside of historic districts)—_5LA mJ} ,J (j,�; �n Mnp This commission is subject to the State of Iowa Gender Balance Law, §69.16A. 10 Commissioners total; currently 3 males 14 females 12 openings/ 1 Interim iii. Housing Commission Two, 3-Year Terms through August 17, 2026 (Expiring At -Large terms of Dixon and Eudaiey) Applicants: Matthew Henrick, 2115 Golden Eagle Dr. Juanita Otis, 2509 Jackson St. Julietta Scott, 2455 Woodlawn St. iv. Long Range Planning Advisory Commission One, 3-Year term through July 1, 2026 (Vacant At -Large term of Vincent) Applicant: Michael Rabagia, 1449 Jackson St. 2. Boards and Commission Appointments Appointments to the following commissions to be made at this meeting. i. Transit Advisory Board One, 3-Year Term through July 30, 2026 (Expiring Term of Orwoll) Applicant: Greg Orwoll, 2635 West 32nd St. Ya Na s Farber Resnick S rank Cavanagh Wethal Roussell 9 PUBLIC HEARINGS 1. Resolution Approving a Proposed Development Agreement by and between the City of Dubuque, Iowa and 799 Main, LLC Providing for the Issuance of Urban Renewal Tax Increment Revenue Grant Obligations Pursuant to the Development Agreement Proof of publication on notice of public hearing to consider City Council adopt the attached resolution approving a proposed Development Agreement by and between the City of Dubuque, Iowa and 799 Main, LLC providing for the issuance of Urban Renewal Tax Increment Revenue Grant Obligations, and City Manager recommending approval. RESOLUTION Approving a Development Agreement by and between the City of Dubuque, Iowa, and 799 Main, LLC including the issuance of Urban Tax Increment Revenue Obligations Suggested Disposition: Receive and File; Adopt Resolution(s) Yayls Nays Farber Resnick Sprank Cavanagh Wethal Roussell s 10 2. John F. Kennedy Road and West 32nd Street Intersection Improvement Project Proof of publication on notice of public hearing to consider City Council approve the plans, specifications, form of contract and estimated cost of $747,724.49 for the for the John F. Kennedy Road and W. 32nd Street Intersection Improvement Project through the adoption of the enclosed resolution, and City Manager recommending approval. RESOLUTION Approval of plans, specifications, form of contract, and estimated cost for the John F. Kennedy Road and W. 32nd Street Intersection Improvement Project Suggested Disposition: Receive and File; Adopt Resolution(s) Ya s Nays J. Farber Resnick rank Cavanagh Wethal Roussell 11 m -�h PUBLIC INPUT 9IM41AInd Kc � 1 � s q � Alva A,� I Fl7c Elter RecK Aa 0 YJ ?AJ, �W Llie- cM i (boo d mo 2 ACTION ITEMS 1. Moody's Upgrade of City of Dubuque's Issuer Rating and Bonds City Manager providing information from Moody's Investors Services regarding their upgrade of the City of Dubuque's issuer rating outstanding general obligation unlimited tax bonds to Aa2 from Aa3, as well as its outstanding moral obligation Sales Tax Increment Revenue Bonds, Senior Bond Series 2015A to Al from A2. A copy of the City of Dubuque Fiscal Year 2024 Dollars and Cents brochure is also provided. Suggested Disposition: Receive and File -Yayp Nays Farber Resnick S rank Cavanagh Wethal Roussell 13 2. Proceedings for Directing Sale of not to exceed $6,250,000 Taxable General Obligation Bonds, Series 2023A and Awarding Bonds to Best Bidder City Manager recommending City Council approval of the suggested proceedings for directing sale of the not to exceed $6,250,000 Taxable General Obligation Bonds, Series 2023A and awarding bonds to the best bidder, RESOLUTION Authorizing and approving a Loan Agreement, providing for the sale and issuance of Taxable General Obligation Corporate Purpose Bonds, Series 2023A, and providing for the levy of taxes to pay the same Suggested Disposition: Receive and File, Adopt Resolution(s) Ya Na s Farber Resnick Sprank Cavana h r Wethal Roussell Adof or.5 14 3, Investment Policy Certificate of Excellence Award City Manager transmitting the notification of the City of Dubuque receiving the Association of Public Treasurers of the United States & Canada's 2023 Investment Policy Certificate of Excellence Award for the City's comprehensive investment policy, Suggested Disposition: Receive and File Yas Nays Farber Resnick Sprank Cavana h Wethall Roussell 15 4. Submission of Fiscal Year Ended June 30, 2022 Annual Comprehensive Financial Report (ACFR) and Results of the 2022 Financial Statement Audit, Including Required Communications City Manager transmitting the Fiscal Year 2022 Annual Comprehensive Financial Report (ACFR) and Results of the 2022 Financial Statement Audit, Including Required Communications. Finance and Budget staff will make a presentation. Suggested Disposition: Receive and File; Presentation Nays -Yay,s Farber J. Resnick Sprank Cavanagh Wethal Roussel! 16 5. Dubuque Audubon Society Proposal for Grassland Preserve Mayor sharing proposal for grassland preserve on City of Dubuque property from Dubuque Audubon Society for City Council review and direction. Suggested Disposition: Receive and File; Council Direction -Yayr, Nays Farber Resnick S rank Cavanagh Wethal Roussell 17 6. Automated Solid Waste Curbside Collection System Implementation Update Public Works staff will give a presentation on the implementation plan for the automated solid waste conveyance system and continued progress reporting. Suggested Disposition: Receive and File; Presentation Nays -Yay,s Farber Resnick Sprank Cavanagh J , Wethal Roussell n jam;llloSrrn�� Ar,je. {`l l e 5uj R i'CO b Jan 5 e/1 M 7. Kerper Court and Kerper Boulevard Intersection Improvement Project City Manager recommending City Council award the construction contract for the Kerper Court and Kerper Boulevard Intersection Improvement Project through the adoption of the enclosed resolution to Eastern Iowa Excavating and Concrete LLC in the amount of $1,061,072.28. RESOLUTION Awarding public improvement contract for the Kerper Court and Kerper Boulevard Intersection Improvement Project Suggested Disposition: Receive and File; Adopt Resolution(s) Ya s Na s Farber Resnick Sprank Cavanagh � Wethal 4 Roussell 19 8. Adoption of a Policy for City Acceptance of Streets in Commercial Subdivisions City Manager recommending City Council approval of the Policy for City Acceptance of Streets in Commercial Subdivisions. RESOLUTION Adopting a policy for city acceptance of streets in commercial subdivisions Suggested Disposition: Receive and File; Adopt Resolution(s) Ya Nays Farber Resnick A Sprank Cavanagh Wethal Roussel! 20 9. Corrected Legal Description for Ordinance 30-23 for the Dubuque Industrial Center Economic Development District, Version 2023.3 City Manager recommending City Council approval Ordinance 30-23-A correcting the legal description in Ordinance 30-23 for the Dubuque Industrial Center Economic Development District, Version 2023.3. ORDINANCE Correcting and amending Ordinance No. 30-23, 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 T to the Division Of Revenues Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yas Nays Farber Resnick S rank Cavanagh Wethal Roussell Final Reading and Adopt Yas Nays Farber Resnick Sprank Cavanagh Wethal Roussell OTTes- 21 10. An Ordinance Amending Tax Increment Ordinance 33-23 for the Switch Homes Housing Urban Renewal Area City Manager recommending City Council approval of an ordinance amending tax increment Ordinance 33-23 for the Switch Homes Urban Renewal Area (Area). ORDINANCE Amending Ordinance 33-23 providing that general property taxes levied and collected each year on all property located within the Switch Homes Housing Urban Renewal Area, in 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 said Switch Homes Housing Urban Renewal Area Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readin s Yas Nays Farber Resnick S rank Cavanagh Wethal Roussell Final Reading and Ado t Yas Nays Farber Resnick S rank Cavana h Wethal Roussell 22 11. Work Session Request: Four Mounds Foundation City Manager recommending City Council schedule a work session on Monday, August 7, 2023, at 5:00 p.m. for the Four Mounds Foundation to share information on their past, current, and future work and initiatives, many of which relate to the City Council's equity goals, Suggested Disposition: Receive and File; Council Yayp Nays Farber Resnick S rank Cavanagh Wethal Roussell 0 mV f sirs AmLoJ -Jo 5`15 Pr'() 23 12. Work Session Request: Smart Parking Mobility Management Plan Update City Manager recommending City Council schedule a work session on Monday, September 11, 2023, at 6:00 p.m. to review the current status of the Smart Parking Mobility Management Plan and an update will be given from Walker Consulting and City Staff. Suggested Disposition: Receive and File; Council Yayp Nays Farber Resnick S rank Cavanagh Wethal Roussell e 24 COUNCIL MEMBER REPORTS trx# a4�a Aav ,3D, &t-ej any. Xwd /" ,-/ CLOSED SESSION Purchase or Sale of Real Estate -- Chapter 21.5(1)(j) Code of Iowa Motion for closed session @ 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 Yay,s Nays Farber Resnick Sprank Cavanagh Wethal Roussell Reconvene in open session @ I • p.m. ADJOURNMENT @ l p.m. 25 Air /V 0-77 pfi J ,� k�� ��t�_r✓r�t a tL; .� � � _, k Al A - V 64, 41- 47 -J�- 4-44-