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12 04 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 December 4, 2023, in the second -floor Council Chambgrs of the Historic FederI Building, 350 W. 6th Street. Present: Mayor Pro Tern Wethal; Mayor Cavanagh (attended virtually); Council Members F ber, Jon s, Res fck, Roy/sell, Sp 'p6nk; City Ma74er Van Milligen, City Atto�p6y Brumwell. Absent: Mayor Pro Tern Wethal 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 Railroad Quiet Zone Study. WORK SESSION Railroad Quiet Zone Study Engineering department staff and consultant Anderson -Bogert will give a presentation on the Railroad Quiet Zone Study progress to date and next steps. 4u, 6arr r S On � (Q w r) 11� 06 Sp(-enyl Pr, Prof l�►'l II 9 There being no further business, Mayor Pro Tern Wethal declared the meeting adjourned at 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 December 4tr', 2023, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. FarPr sent: Mayor Pr Tem Wethal; Mayor Cavanagh (attended virtually); Council Members r, Jor s, Resn k, Roushell, Spr�ik; City Manageryan Milligen, City Attor ey Brumwell. Absent: Mayor Pro Tern Wethal 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 PROCLAMATION(S) 1. Eradication of Generational Poverty Day (December 7, 2023) On behalf of the Fountain of Youth Program. Sr,r �\� ,,� ble 2 CONSENT ITEMS Yas Nays Sprank Farber Resnick Roussell Jones Cavana h Wethal 1. Minutes and reports submitted City Council Proceedings of 11/20/23; Zoning Advisory Commission of 11/29/23; Zoning Board of Adjustment of 11/16/23. Suggested Disposition: Receive and File 2. 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: Mary LeGrand and David Smith for property damage; Dennis Noel for vehicle damage; Donovan Tann for property damage. Suggested Disposition: Receive and File; Concur 3. 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) 4. Fiscal Year 2025 Annual Tax increment Financing Report City Manager transmitting the Annual Tax Increment Financing Report that has been filed with Dubuque County Auditor Kevin Dragotto. Suggested Disposition: Receive and File 5. Fiscal Year 2023 Iowa Urban Renewal Annual Report City Manager recommending approval of the Fiscal Year 2023 Iowa Urban Renewal Report for the City of Dubuque. RESOLUTION Approving the Fiscal Year 2023 Urban Renewal Report for the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s) 6. Fiscal Year 2023 City Street Financing Report City Manager transmitting the annual City Street financing report that has been filed with the Iowa Department of Transportation. Suggested Disposition: Receive and File 7. Nordstrom Inc. Property Tax Appeal Stipulation of Settlement Approval Senior Counsel recommending approval of the Stipulation of Settlement for a 2023.property 3 tax appeal filed by Nordstrom Inc. for their property located at Parcel No. 1029300009. Suggested Disposition: Receive and File; Approve Ya s Nays Sprank Farber Resnick Roussell Jones .Cavanagh Wethal 8. Kennedy Mall, INC. 2023 Property Tax Appeal Stipulation of Settlement - Parcel No. 1028276002 Senior Counsel transmitting notice of a Stipulation of Settlement for a 2023 property tax appeal filed by Kennedy Mall, INC. for their property located at Parcel No. 1028276002. Suggested Disposition: Receive and File 9. Kennedy Mall, INC. 2023 Property Tax Appeal Stipulation of Settlement - Parcel No. 1028276901 Senior Counsel transmitting notice of a Stipulation of Settlement for a 2023 property tax appeal filed by Kennedy Mall, INC. for their property located at Parcel No. 1028276901. Suggested Disposition: Receive and File 10. Abstract of Votes - 2023 General Election City Clerk transmitting the Abstract of Votes for the November 7, 2023 General Election as certified by the County Board of Canvassers. Suggested Disposition: Receive and File 11. Pre -annexation Agreement — Michael Hodge & Annette Hall City Manager recommending City Council approval of a pre -annexation agreement with Michael Hodge & Annette Hall, property owner, 17257 Chicory Street, in Wildflower Ridge Subdivision, in Dubuque Township, Dubuque County, Iowa, according to the recorded plat thereof 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 Michael Hodge and Annette Hall Suggested Disposition: Receive and File; Adopt Resolution(s) 12. Wilbricht Lane Detention Basin Project - CIP# 7202722 City Manager recommending City Council adopt the attached resolution accepting the public improvements and authorizing the final payment of the contract amount of $338,860.71, to McDermott Excavating for the Wilbricht Lane Detention Basin Project. RESOLUTION Accepting the Wilbricht Lane Detention Basin Project and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 13. Lower Bee Branch Creek Trail Extension — Dubuque Metropolitan Area Transportation 11 Study Transportation Alternatives Program Multi -Use Trail Grant Application Approval City Manager recommending City Council adopt the attached resolution and authorize city staff to submit the Dubuque Metropolitan Area Transportation Study Transportation Alternatives Program Grant Application for the Lower Bee Branch Creek Trail Extension Project. RESOLUTION Authorizing the filing of a grant application with the Dubuque Metropolitan Area Transportation Study Transportation Alternatives Program Grant to assist with funding the Bee Branch Multi -Use Trail Extension Project Suggested Disposition: Receive and File; Adopt Resolution(s) Yas Nays S rank Farber Resnick Roussel[ Jones Cavanagh Wetha[ 14. Resolution Approving a Second Amendment to Development Agreement by and between the City of Dubuque, Iowa and 799 Main, LLC City Manager recommending City Council adopt the attached resolution approving a Second Amendment to Development Agreement by and between the City of Dubuque, Iowa and 799 Main, LLC (Developer). RESOLUTION Approving a Second Amendment to Development Agreement by and between the City of Dubuque, Iowa and 799 Main, LLC (Developer). Suggested Disposition: Receive and File; Adopt Resolution(s) 15. Second Amendment to Purchase Agreement and Development Agreement between the City of Dubuque, Iowa and Union at the Marina, LP City Manager recommending City Council approval of the Second Amendment to the Purchase Agreement and Development Agreement by and between the City of Dubuque, Iowa and Union at the Marina, LP. RESOLUTION Approving the Second Amendment to Purchase Agreement and Development Agreement between the City of Dubuque, Iowa and Union at the Marina, LP Suggested Disposition: Receive and File; Adopt Resolution(s) 16. Grass and Weed Cutting and Garbage Collection Assessments City Manager recommending City Council adopt the attached resolution authorizing the City to certify grass and weed cutting and garbage collection charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. RESOLUTION Authorizing the city to collect delinquent grass and weed cutting and garbage collection charges in accordance with Title 6-4-3a and Title 6-8-2 of the Code of Ordinances of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 17. Fiscal Year 20231Program Year 2022 End -of -Year Review for the Community Development Block Grant Consolidated Annual Performance and Evaluation Report (CAPER) 5 City Manager sharing information on an End -of -Year Review the City of Dubuque received from the U.S. Department of Housing and Urban Development (HUD) regarding the Community Development Block Grant (CDBG) funds for FY23/PY22. Suggested Disposition: Receive and File 18. Award of CY2023 HAP Set -Aside Funding from HUD City Manager recommending City Council approval to accept the CY2023 HAP Set -Aside Funding in the amount of $122,748. RESOLUTION Authorizing the Director of Housing and Community Development to execute the acceptance of the Notice of Award of the CY2023 HAP Set -Aside Funds Suggested Disposition: Receive and File; Adopt Resolution(s) Yas Nays Sprank Farber Resnick Roussel] Jones Cavana h Wethal 19. January/February Issue of City News Newsletter City Manager providing a copy of the January/February Issue of the City News Newsletter. Suggested Disposition: Receive and File 20. 2023 Annual Legislative Dinner Meeting Documents City Manager transmitting documents from the 2023 Annual Legislative Dinner Suggested Disposition: Receive and File 21. Signed Contract(s) Tschiggfrie Excavating Change Order No. 2 for the Burlington Water Main Improvements project. Suggested Disposition: Receive and File 22. Approval of Retail Tobacco, Alternative Nicotine, and Vapor Product Permit Applications City Manager recommending City Council approval of tobacco, alternative nicotine, and vapor product permit as submitted. RESOLUTION Approving application for retail permit to sell Tobacco, Tobacco Products, Alternative Nicotine Products, and Vapor Products, as required by Iowa Code §453A.47A Suggested Disposition: Receive and File; Adopt Resolution(s) BOARDS/COMMISSIONS 1. Boards and Commission Appointments Appointments to the following commissions to be made at this meeting. Cable Television Commission One, 3-Year Term through July 1, 2026 (Vacant Term of Heidenreich) Applicant: Georgina Guerrero, 245 Princeton Pl. Yas Nays S rank J. Farber Resnick Roussell Jones Cavana h Wethal 7 PUBLIC HEARINGS 1. Rezoning 110 E. 30th Street, 114 E. 30th Street, and 2987 Jackson Street Proof of publication on notice of public hearing to consider approval of a request from Chris Staver to rezone property located at 110 E. 30th Street, 114 E. 30th Street, and 2987 Jackson Street from C-1 Neighborhood Commercial and R-2A Alternate Two -Family Residential to C-2 Neighborhood Shopping Center District to allow for construction of a surface parking lot for his restaurant 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 110 E. 30th Street, 114 E. 30th Street, and 2987 Jackson Street from R-2A Alternate Two -Family Residential District and C-1 Neighborhood Commercial District to C-2 Neighborhood Shopping Center District Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readin s Yas I Nays Sprank Farber Resnick Roussell Jones Cavanagh Wethal Final Reading and Ado t Yas Nays a S rank Farber Resnick Roussell Jones Cavanagh Wethal E:j PUBLIC INPUT f 204 f r �� 1 A c h- o-.5 Pia; ►,-f, Fo,,-m s try o, Ile-� �07 ACTION ITEMS 1. Update: 3000 Jackson Street, H&W Building City Manager is providing an update on the H & W project at 3000 Jackson Street. Suggested Disposition: Receive and File Ya Nays Sprank Farber Resnick Roussell t Jones Cavanagh Wethal x'7� Av� -0;1� fyl- kt Nd mon f q I Lie j7 'k4 4, A/ 10 2. Housing Commission Research and Recommendation City Manager providing information regarding the Housing Commission responsibilities in response to an audit finding from the US Department of Housing and Urban Development and is recommending City Council adopt the updates to the Housing Commission Ordinance to come into compliance with the Federal Regulations and to eliminate redundancies in the ordinance. ORDINANCE Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 5 Housing Agency and Community Development Commissions, Article B Housing Commission, Sections 2-513-5 Membership and 2-513-13 Powers Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readiin s Ya s Nays Sprank Farber Resnick Roussell Jones Cavanagh Wethal Final Reading and Adopt Yas I Nays Sprank Farber Resnick Roussell Jones Cavanagh Wethal 11 3. Childcare Business Champion Pledge City Manager recommending City Council approval to pledge $25,000 toward a childcare wage enhancement effort. Suggested Disposition: Receive and File; Approve -Yayp Nays S rank Farber Resnick Roussell Jones Cavanagh Wethal 12 4. Central Avenue & White Street Corridor Traffic Study: Request to Distribute RFP and Create an RFQ Review Committee - CIP 55-24000038 City Manager recommending City Council approval to distribute a Request for Proposals (RFP) for professional consultant services to study the feasibility of Central Avenue and White Street from its existing one-way pair to all alternatives for these corridors, including a two-way conversion, from 4th Street to 22nd Street and that the City Manager be authorized to negotiate and execute an agreement with the recommended consultant. Suggested Disposition: Receive and File; Approve Ya Nays S rank Farber Resnick Roussel] Jones Cavana h Wethal 13 5. Central Avenue 1 White Street Truck Route Amend Commercial Motor Vehicles Ordinance City Manager recommending Mayor and City Council adoption of the amended ordinance. ORDINANCE will be provided at the City Council Meeting on December 4, 2023. Suggested Disposition: Receive and File; Motion B; Motion A Ya Nays S rank _+_�Resnick Farber Roussell Jones Cavanagh Wethal Suspend the Readings Yas Nays S rank Farber Resnick Roussell Jones Cavanagh Wethal —TO,61e. unf`, i i' h S Final Reading and Adopt Yas Nays Sprank Farber Resnick Roussell Jones Cavana h Wethal 4PAd7: ('1A ;�L dM9 �� I'M� ? &L041j-'�4- V-f J.5'� �4 /Ov-'/3 (4Z xi" 14 6. Work Session Request: Officer Involved Shooting Procedures City Manager recommending City Council schedule a work session on February 19, 2024, at 5:30 p.m. for a presentation from Assistant Police Chief Joe Messerich on the Dubuque Police Department's policy and procedures when a police officer is involved in an officer involved shooting or use of force incident causing death. Suggested Disposition; Receive and File; Council Ya Nays S rank Farber Resnick Roussell Jones Cavana h Wethal 15 LOA COUNCIL MEMBER REPORTS .'� 4OzAlf1d ell 4 - YROIAA ll„J/zs//ii//[[JJ IINN �, ✓,/3p' [ ���� /�, �, L/ i/� N V+' L ' / . CLOSED SESSION Pending Litigation and Purchase or Sale of Real Estate — Chapter 21.5(1)(c),(j) Code of Iowa Motion for closed session @ TL],5 p.m. Mayor Pro Tem Wethal stated for the record that the attorney who will consult with City Council on the issues to be discussed in the closed session is LIB Yas Nas Sprank Farber Resnick Y Roussell Jones Cavanagh Wethal Reconvene in open session @ _',�c� p.m, ADJOURNMENT @ T.0 0 P.M. 16 C,ri� CZ�-. ur M4 T-S ��v 7� hk,�� Y�.� mt l.c d .n �n� _ .�lP ✓mow ar.�wtk .y, 4 m b7 ,d am ALM /147r", t�-mA 4 L6". lle,/IICIlt� JId 11-7 �-a& C77 a�,Aji