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Minutes_City Council Proceedings 12.04.23City of Dubuque City Council Meeting Consent Items # 01. Copyrighted December 18, 2023 ITEM TITLE: Minutes and Reports Submitted SUMMARY: Arts and Cultural Affairs Advisory Commission of October 24, 2023; City Council Proceedings of December 4, 2023; Community Development Advisory Commission of November 29, 2023; Zoning Advisory Commission of December 6, 2023; Proof of Publication for City Council Proceedings of November 6, 2023 and November 20, 2023. SUGGESTED Suggested Disposition: Receive and File DISPOSITION: ATTACHMENTS: Description Type Arts and Cultural Affairs Advisory Commission of October 24, 2023 City Council Proceedings of December 4, 2023 Community Development Advisory Commission of November 29, 2023 Zoning Advisory Commission of December 6, 2023 Proof of Publication for City Council Proceedings of November 6, 2023 Proof of Publication for City Council Proceedings of November 20, 2023 Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation CITY 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 Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Pro Tern Wethal; Mayor Cavanagh (attended virtually); Council Members Farber, Jones, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attorney Brumwell. 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 Project Manager Steve Sampson Brown introduced Project Manager Bryan Janssen and Project Engineer Jacob Sprengeler, both of Anderson -Bogert, who gave a presentation on the Railroad Quiet Zone Study progress to date and next steps. Responding to questions from the City Council, the consultants stated that railroad companies are required to maintain all the city's railroad equipment. The consultants further stated that Muscatine is an example of an Iowa city along the Mississippi river that has implemented railroad quiet zones and provided the timeframes to apply for federal funding. Mr. Brown responded to a question regarding the public input process, stating that written notice will be sent to those residing near the train tracks and that direct engagement will be important to communicate necessary information. Responding to a question from the City Council regarding next steps, City Manager Van Milligen stated that the project has been overseen by the Dubuque Metropolitan Area Transportation Study (DMATS) up until this point, therefore DMATS representatives could share next steps. Chandra Ravada, Director of Transportation, Planning, and Transit Services for the East Central Intergovernmental Association (ECIA), who oversees DMATS, stated that discussions have occurred with Director of Strategic Partnerships Teri Goodmann and determinations are being made on applying for grant funding as a region. Mr. Ravada further stated that the Consolidated Rail Infrastructure and Safety Improvements (CRISI) Program grant deadline is in the spring of 2024 and that award recipients will be announced in the late fall. There being no further business, Mayor Pro Tern Wethal declared the meeting adjourned at 6:26 p.m. /s/Adrienne N. Breitfelder, CMC City Clerk 1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on December 4t", 2023, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Pro Tern Wethal; Mayor Cavanagh (attended virtually); Council Members Farber, Jones, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attorney Brumwell. 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) was accepted by Sarah Coble on behalf of the Fountain of Youth Program. X@]►694ki11i1194►vi6*1 Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Farber. Motion carried 7-0. 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. Upon motion the documents were received, filed, and approved. 2. Disposition of Claims: City Attorney advised 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. Upon motion the documents were received, filed, and concurred. 3. Approval of City Expenditures: Upon motion the documents were received and filed, and Resolution No. 392-23 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 was adopted. 4. Fiscal Year 2025 Annual Tax Increment Financing Report: Upon motion the documents were received and filed. 5. Fiscal Year 2023 Iowa Urban Renewal Annual Report: Upon motion the documents were received and filed, and Resolution No. 393-23 Approving the Fiscal Year 2023 Urban Renewal Report for the City of Dubuque was adopted. 6. Fiscal Year 2023 City Street Financing Report: Upon motion the documents were received 2 and filed. 7. Nordstrom Inc. Property Tax Appeal Stipulation of Settlement Approval: Senior Counsel recommended approval of the Stipulation of Settlement for a 2023 property tax appeal filed by Nordstrom Inc. for their property located at Parcel No. 1029300009. Upon motion the documents were received, filed, and approved. 8. Kennedy Mall, INC. 2023 Property Tax Appeal Stipulation of Settlement - Parcel No. 1028276002: Senior Counsel transmitted 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. Upon motion the documents were received and filed. 9. Kennedy Mall, INC. 2023 Property Tax Appeal Stipulation of Settlement - Parcel No. 1028276901: Senior Counsel transmitted 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. Upon motion the documents were received and filed. 10. Abstract of Votes - 2023 General Election: City Clerk transmitted the Abstract of Votes for the November 7, 2023 General Election as certified by the County Board of Canvassers. Upon motion the documents were received and filed. 11. Pre -annexation Agreement — Michael Hodge & Annette Hall: Upon motion the documents were received and filed, and Resolution No. 394-23 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Michael Hodge and Annette Hall was adopted. 12. Wilbricht Lane Detention Basin Project - CIP# 7202722: Upon motion the documents were received and filed, and Resolution No. 395-23 Accepting the Wilbricht Lane Detention Basin Project and authorizing the payment of the contract amount to the contractor was adopted. 13. Lower Bee Branch Creek Trail Extension — Dubuque Metropolitan Area Transportation Study Transportation Alternatives Program Multi -Use Trail Grant Application Approval: Upon motion the documents were received and filed, and Resolution No. 396-23 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 was adopted. 14. Resolution Approving a Second Amendment to Development Agreement by and between the City of Dubuque, Iowa and 799 Main, LLC: Upon motion the documents were received and filed, and Resolution No. 397-23 Approving a Second Amendment to Development Agreement by and between the City of Dubuque, Iowa and 799 Main, LLC (Developer) was adopted. 15. Second Amendment to Purchase Agreement and Development Agreement between the City of Dubuque, Iowa and Union at the Marina, LP: Upon motion the documents were received and filed, and Resolution No. 398-23 Approving the Second Amendment to Purchase Agreement and Development Agreement between the City of Dubuque, Iowa and Union at the Marina, LP was adopted. 3 16. Grass and Weed Cutting and Garbage Collection Assessments: Upon motion the documents were received and filed, and Resolution No. 399-23 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 was adopted. 17. Fiscal Year 2023/Program Year 2022 End -of -Year Review for the Community Development Block Grant Consolidated Annual Performance and Evaluation Report (CAPER): Upon motion the documents were received and filed. 18. Award of CY2023 HAP Set -Aside Funding from HUD: Upon motion the documents were received and filed, and Resolution No. 400-23 Authorizing the Director of Housing and Community Development to execute the acceptance of the Notice of Award of the CY2023 HAP Set -Aside Funds was adopted. 19. January/February Issue of City News Newsletter: Upon motion the documents were received and filed. 20. 2023 Annual Legislative Dinner Meeting Documents: Upon motion the documents were received and filed. 21. Signed Contract(s): Tschiggfrie Excavating Change Order No. 2 for the Burlington Water Main Improvements project. Upon motion the documents were received and filed. 22. Approval of Retail Tobacco, Alternative Nicotine, and Vapor Product Permit Applications: Upon motion the documents were received and filed, and Resolution No. 401-23 Approving application for retail permit to sell Tobacco, Tobacco Products, Alternative Nicotine Products, and Vapor Products, as required by Iowa Code §453A.47A was adopted. BOARDS/COMMISSIONS Appointments were made to the following boards/commissions. 1. Cable Television Commission: One, 3-Year Term through July 1, 2026 (Vacant Term of Heidenreich). Applicant: Georgina Guerrero, 245 Princeton PI. Motion by Jones to appoint Ms. Guerrero to the three-year term through July 1, 2026. Seconded by Sprank. Motion carried 7-0. PUBLIC HEARINGS 1. Rezoning 110 E. 30th Street, 114 E. 30th Street, and 2987 Jackson Street: Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Sprank. Planning Services Director Wally Wernimont provided a staff report. City Council Members thanked the Zoning Advisory Commission for conducting a special meeting to approve the request and expressed support for the ordinance, stating that the rezoning was necessary and appropriate for the area. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 53-23 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 S Jackson Street from R-2A Alternate Two -Family Residential District and C-1 Neighborhood Commercial District to C-2 Neighborhood Shopping Center District. Seconded by Sprank. Motion carried 7-0. PUBLIC INPUT Jordan Pape of Tucker Freight Lines, 1080 E. 121" St.; Matt Spahn of Dubuque Stamping, 32nd and Jackson St.; Joe Kirk of Prairie Farms; and Mike Igo of Klauer Manufacturing, 1185 Rosemont St., all respectively spoke regarding Action Item No. 5., expressing support for the updated ordinance and requesting to be involved in future discussions on traffic flows on Central Ave. and other key areas of truck travel within the city. ACTION ITEMS 1. Update: 3000 Jackson Street, H&W Building: Motion by Jones to receive and file the documents. Seconded by Resnick. Assistant Housing and Community Development Director Michael Belmont provided an update on the recent status of the building, stating that a design of certain areas of the building to verify its stabilization is pending from McClure Engineering. Mr. Belmont also read an email from McClure Engineering that he received on December 4t" The email summarized recent work on the building, including selective demolition to remove unstable portions of the exterior, installation of temporary supports, and the various bracings being utilized as part of stabilization. Steve Emerson, owner of the building, spoke virtually about recent updates to the building stabilization and stated that April loth is the targeted deadline for work completion, as that is the deadline for the state funding he is seeking for the project. City Council Members expressed frustration on the progress of the building, stating that they receive consistent public input on the negative impacts of the street closures resulting from the stabilization efforts. Responding to a question from the City Council, Housing and Community Development Director Alexis Steger stated that the engineering firm's availability and capacity are factors that may delay completion of the stabilization. Mr. Belmont stated that the complexity, age, and size of the building leads to challenges and delays in analyzing next steps. Motion carried 7-0. 2. Housing Commission Research and Recommendation: Motion by Roussell to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Farber. City Council Members acknowledged that the proposed ordinance change would require landlords who accept Housing Choice Vouchers (HCV) to resign from the commission to abide by US Department of Housing and Urban Development (HUD) requirements. City Council Members thanked those members for their service on the commission and stated that while the city strives to have diversity of professional experience on commissions, that compliance with HUD requirements must occur. Motion carried 7-0. Motion by Roussell for final consideration and passage of Ordinance No. 54-23 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. Seconded by Farber. Motion carried 7-0. 3. Childcare Business Champion Pledge: Motion by Resnick to receive and file the documents and approve pledging $25,000 toward a childcare wage enhancement effort. 61 Seconded by Sprank. City Council Members congratulated Dubuque Initiatives on their creativity with the pledge and emphasized that access to quality childcare and living wages for childcare workers are important community needs. Motion carried 7-0. 4. Central Avenue & White Street Corridor Traffic Study: Request to Distribute RFP and Create an RFQ Review Committee - CIP 55-24000038: Motion by Jones to receive and file the documents and approve 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. Seconded by Sprank. City Manager Van Milligen stated his intent to invite a property owner from the impacted area, a small proprietor from the impacted area, and a trucking representative to serve on the committee. City Council Members expressed support for committee representation from the business and trucking industries and commented on the potential for the area. Motion carried 7-0. 5. Central Avenue / White Street Truck Route Amend Commercial Motor Vehicles Ordinance: Motion by Farber to receive and file the documents and table the item to December 18, 2023. Seconded by Sprank. Point of Information by Resnick on whether the justification for the motion could be stated. City Attorney Brumwell stated that a brief explanation could be provided on the rationale for selecting December 18t" as the date for tabling the item. Mayor Pro Tern Wethal stated that additional time was needed to discuss the proposed ordinance amendment before a vote occurs. Motion carried 6-1 with Jones voting nay. 6. Work Session Request: Officer Involved Shooting Procedures: Motion by Jones to receive and file the documents and schedule the work session for February 19, 2024, at 5:30 p.m. Seconded by Roussell. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Jones reported on recent meetings of the Dubuque Metropolitan Area Solid Waste Agency Board, of which he and Council Member Resnick are board members, that have involved discussions on the planned expansion of the city's food waste collection program. Council Member Resnick reported on the recent Legislative Dinner. Council Member Sprank reported on recent events in the Central Avenue Corridor and Millwork District. Mayor Cavanagh reported on his recent attendance at the United Nation's Climate Change Conference (COP28) with Sustainability Director Gina Bell. Mayor Pro Tern Wethal reported on the Dubuque Symphony's recent performance and the Grand Opera House's upcoming performances of The Nutcracker Ballet. Mayor Pro Tern Wethal also stated the importance of remembering those who need assistance in the community during the holiday season. CLOSED SESSION Motion by Jones to convene in closed session at 7;45 p.m. to discuss Pending Litigation and Purchase or Sale of Real Estate — Chapter 21.5(1)©,0) Code of Iowa. Seconded by Resnick. Mayor Pro Tern 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 City Attorney Brumwell. Motion carried 7- 0 I The City Council reconvened in open session at 9:00 p.m. stating that staff had been given proper direction. ADJOURNMENT There being no further business, Mayor Pro Tern Wethal declared the meeting adjourned at 9:00 P.M. /s/Adrienne N. Breitfelder, CMC City Clerk 1t 12/13 7