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Proof_City Council Proceedings 02.19.24Copyrighted March 18, 2024 City of Dubuque Consent Items # 01. City Council Meeting ITEM TITLE: Minutes and Reports Submitted SUMMARY: Cable TV Commission of January 24, 2024; City Council Proceedings of March 4 and March 7, 2024; Five Flags Civic Center Advisory Commission of December 5, 2023; Library Board of Trustees Update of February 22, 2024; Proof of Publication for City Council Proceedings of February 12 and February 19, 2024. SUGGESTED Suggested Disposition: Receive and File DISPOSITION: ATTACHMENTS: Description Cable TV Commission of January 24, 2024 City Council Proceedings 3/4/24 City Council Proceedings 3/7/24 Five Flags Minutes Library Board of Trustees Update Proof of Publication for City Council Proceedings of 2/12/24 Proof of Publication for City Council Proceedings of 2/19/24 Type Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: 02/28/2024 and for which the charge is 415.66 Subscribed to before me, a Notary Public for Dubuque County, Iowa, this 28th day of February, 2024 Pr' " 0 Notary P 1 c in and for Dubuque tounty, Iowa. ROnt s JANET K. PA�PE or p Commission Number 199659 z F _ My Commission Expires loww 12111/2025 Ad text : CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:30 p.m. on February 19, 2024, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Cavanagh; Council Members Farber, Jones, Resnick, Roussell, Sprank (attended virtually), Wethal; City Manager Van Milligen, City Attorney Brumwell. 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 officer involved shooting procedures. WORK SESSION Officer Involved Shooting Procedures Assistant Police Chief Joe Messerich presented on the Dubuque Police Departments policy and procedures when a police officer is involved in an officer involved shooting or use of force incident causing death. Mr. Messerich responded to questions from the City Council regarding factors that increase the possibility of a threatful situation and how officer resources have evolved over time. City Council Members praised the police departments proactive approach of sharing its policies and utilizing national conferences to develop best practices. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:22 p.m. /s/Adrienne N. Breitfelder, CMC City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on February 19, 2024, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Cavanagh; Council Members Farber, Jones, Resnick, Roussel], Sprank (attended virtually), Wethal; City Manager Van Milligen, City Attorney Brumwell. Mayor Cavanagh read the call and stated this is a regular session of the City Council called for the purpose of - f conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PROCLAMATION(S) 1. National Eating Disorder Awareness Week (February 26 - March 1, 2024) was accepted by Jami Schadler on behalf of NAMI Dubuque. 2. Dubuque's Read Across America Day (March 2, 2024) was accepted by Beth McGorry on behalf of St. Mark Youth Enrichment. CONSENT ITEMS Council Member Resnick requested Item No. 8 be held for separate discussion. Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated, except for item No. 8. Seconded by Farber. Motion carried 7-0. 1. Minutes and Reports Submitted. City Council Proceedings of February 5 and February 12, 2024; Community Development Advisory Commission Minutes of January 17, 2024; Library Board of Trustees Updates of December 21, 2023 and January 25, 2024; Zoning Advisory Commission Minutes of February 7, 2024; Proof of Publication for City Council Proceedings of January 16, 2024. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Kami Adolf for vehicle damage; April Colehour for personal injury; Douglas Harkey for property damage; Nick May for property damage; Natalie Oltmanns for vehicle damage. Upon motion the documents were received, filed, and referred to the City Attorney. 3. 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: Kami Adolf for vehicle damage; April Colehour for personal injury; Douglas Harkey for property damage; Nick May for property damage; Natalie Oltmanns for vehicle damage. Upon motion the documents were received, filed, and concurred. 4. Approval of City Expenditures: Upon motion the documents were received and filed, and Resolution No. 33-24 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. 5. Fiscal Year 2024 Main Street Iowa Program Agreement: Upon motion the documents were received and filed, and Resolution No. 34-24 Approving an Agreement by and among the Iowa Economic Development Authority, Dubuque Main Street, Ltd. and the City of Dubuque providing for the Dubuque Main Street Program in the City of Dubuque was adopted. 6. Correspondence to Iowa Utilities Board on Allian€ Energy's Proposed Electric Rate Increase: City Manager recommended City Council approval to send the attached letter to the Iowa Utilities Board on Alliant Energy's Proposed Electric Rate Increase. Upon motion the documents were received, filed, and approved. 7. Calendar Year 2023 Urban Revitalization Program Applications: Upon motion the documents were received and filed, and Resolution No. 35-24 Approving property tax abatement applications submitted by property owners in urban revitalization areas and authorizing the transmittal of the approved applications to the City Tax Assessor was adopted. 8. 3000 Jackson, Dubuque Brewing and Malting Building Update: Council Member Resnick requested confirmation on which portion of the structure is planned for demolition. Housing and Community Development Director Alexis Steger stated that only the portion of the structure located at 3000 Jackston St. will be demolished. Ms. Steger further stated that the most recent update from the developer indicated that the electrical in the building will need to be re -energized. Motion by Resnick to receive and file the documents. Seconded by Farber. Motion carried 7-0. 9, Communications Specialist Position: City Manager recommended City Council approval to switch the part-time (0.75 FTE) Communications Specialist position in the Public Information Office to a full-time position and make the currently full-time Communications Assistant position in the Public Information Office a part-time (0.75 FTE) position. Upon motion the documents were received, filed, and approved. 10. March/April 2024 City News Newsletter: City Manager provided a copy of the March/April 2024 City News Newsletter that will be distributed with City utility bills from February 14 through March 6, 2024. *Note: The Fiscal Year 2025 Budget Public Meetings Schedule has changed since publication of the newsletter. The current schedule can be viewed at: https://www.cityofdubuque.org/3161/Fiscal-Year-2025- Budget. Upon motion the documents were received and filed. 11. Approve Professional Consultant Services Supplemental Agreement No.1 Smart Traffic Routing with Efficient & Effective Traffic System (STREETS) Iowa DOT Project No. EDP-2100 (699)-7Y-31: Upon motion the documents were received and filed, and Resolution No. 36-24 Approving Consultant Professional Services - Supplemental Agreement No. 1 between the City of Dubuque and Parsons Transportation Group, Inc. for the Smart Traffic Routing with Efficient and Effective Traffic System (STREETS) Project was adopted. 12. Catfish Creek Watershed Management Authority City Staff Appointment to the Board of Directors: Upon motion the documents were received and filed, and Resolution No. 37-24 Authorizing the City Manager to appoint City Staff Representatives to the Catfish Creek Watershed Management Authority Board of Directors was adopted. 13. Request to Eliminate Assistant Public Works Director, Hire an Additional Field Operations Supervisor, and adjust the Part-time Administrative Assistant to Full-time: Upon motion the documents were received, filed, and approved. 14. Historic Preservation Commission (HPC) Annual Workplan revision for Calendar Year 2024: Upon motion the documents were received, filed, and approved. 15. Approval of Retail Alcohol Licenses: Upon motion the documents were received and filed, and Resolution No. 38-24 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 was adopted. BOARDS/COMMISSIONS Appointments were made to the following boards/commissions. 1. Community Development Advisory Commission: One, 3-Year Term through February 15, 2027 (Expiring Low/Moderate Income Representative term of Hammel Jr.). Applicant: Gerald Hammel Jr., 1225 1/2 Rhomberg Ave. - Qualifies as Low/Moderate Income Representative. Motion by Jones to appoint Mr. Hammel Jr. to the three-year term through February 15, 2027. Seconded by Wethal. Motion carried 7-0. 2. Transit Advisory Board: One, 3-Year Term through July 30, 2026 (Vacant term of Daughters). Applicant: Dora Serna, 2160 Marion Street. Motion by Roussell to appoint Ms. Serna to the three-year term through July 30, 2026. Seconded by Farber. Motion carried 7-0. PUBLIC HEARINGS 1. Request to Rezone 1646 Asbury Road: 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 Wethal. Planning Services Director Wally Wernimont provided a staff report. Responding to questions from the City Council, Mr. Wernimont stated that the property fulfills all parking requirements, that the proposed expansion of the Dog House Lounge into another portion of the building will allow for reconfiguration of the business, and that all property owners within 200 feet of the property were notified of the requested rezoning. City Council Members expressed support for the rezoning and thanked Planning Services staff for the information provided for public hearings. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 2-24 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 1646 Asbury Road from C-2 Neighborhood Shopping Center District to C-3 General Commercial District. Seconded by Wethal. Motion carried 7-0. 2. Request to Rezone Property on Airborne Road: 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. Planning Services Director Wally Wernimont provided a staff report. Ken Miller, Dubuque Metropolitan Area Solid Waste Agency Administrator, stated his availability for questions. Responding to a question from the City Council on the timeline for constructing the residential and small load drop-off facility, Mr. Miller stated that 30% of the design has been completed. Staff aim to have 90% of the design completed by next month. Awarding the bid is scheduled to occur in May or June of 2024, with the goal of opening the new facility in late summer or early fall of 2025. City Council Members expressed enthusiasm for the project. Motion carried 7-0. Motion by Roussell for final consideration and passage of Ordinance No. 3-24 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at Airborne Road (PIN 1506200016) from AG Agriculture to HI Heavy Industrial. Seconded by Farber. Motion carried 7-0. 3. Resolution of Adoption for the Amendment of the Dubuque Industrial Center Economic Development District Urban Renewal Plan, Version 2024.1: Motion by Resnick to receive and file the documents and adopt Resolution No. 39-24 Approving the Amended and Restated Urban Renewal Plan, Version 2024.1, for the Dubuque Industrial Center Economic Development District. Seconded by Wethal. Motion carried 7-0. 4. ResoIution of Adoption for the Amendment of the Dubuque Industrial Center Economic Development District Urban Renewal Plan, Version 2024.2: Motion by Resnick to receive and file the documents and adopt Resolution No. 40-24 Approving the Amended and Restated Urban Renewal Plan, Version 2024.2, for the Dubuque Industrial Center Economic Development District. Seconded by Wethal. Motion carried 7-0. 5. Public Hearing & Approval of Amended Urban Revitalization Plans: Motion by Wethal to receive and file the documents and adopt the resolution. Point of Order by Cavanagh that the agenda item consists of multiple resolutions. Motion amended by Wethal to receive and file the documents and adopt Resolution No. 41-24 Approving the adoption of an Amended Urban Revitalization Plan for the Radford Road Urban Revitalization Area; Resolution No. 42-24 Approving the adoption of an Amended Urban Revitalization Plan for the Alta Vista Urban Revitalization Area; Resolution No. 43-24 Approving the adoption of an Amended Urban Revitalization Plan for the Dubuque Urban Revitalization Area; Resolution No. 44-24 Approving the adoption of an Amended Urban Revitalization Plan for the Bies Drive Urban Revitalization Area; and Resolution No. 45-24 Approving the adoption of an Amended Urban Revitalization Plan for the Plaza Drive Urban Revitalization Area. Seconded by Farber. City Council Members thanked City staff for their efforts on the amended plans. Motion carried 7-0. ACTION ITEMS 1. National Mississippi River Museum & Aquarium 20th Anniversary Update: Motion by Resnick to receive and file the documents and view the presentation. Seconded by Wethal. National Mississippi River Museum & Aquarium President and CEO Kurt Strand made a presentation regarding the museum's 20th anniversary. City Council Members commended the museums partnerships; its diversity, equity, inclusion, and accessibility initiatives; and serving as a beacon for tourism of the Mississippi River. Motion carried 7-0. 2. Approval of English Ridge Park Concept Plan: Motion by Wethal to receive and file the documents and approve the English Ridge Park concept plan. Seconded by Resnick. Motion carried 7-0. 3. RAISE Infrastructure Implementation Grant: Building Bridges to Employment and Equity (B2E2) Project - Approve Grant Application Submission: Motion by Farber to receive and file the documents and adopt Resolution No. 46-24 Authorizing the filing of a grant application with the U.S. Department of Transportation (USDOT) for a RAISE Infrastructure Implementation Grant to assist with funding for proposed improvements to construct specific elements of the Building Bridges to Employment and Equity (B2E2) Project. Seconded by Jones. Responding to a question from the City Council about other opportunities to mitigate increased train traffic, City Manager Van Milligen stated that the city is examining the feasibility of railroad quiet zones through a partnership with the East Central Intergovernmental Associations (ECIA) Dubuque Metropolitan Area Transportation Study (DMATS). Mr. Van Milligen emphasized that this initiative is separate from the agenda item. Director of Strategic Partnerships Teri Goodmann stated that other railroad intersections are being examined for potential funding from Consolidated Rail Infrastructure and Safety Improvements (CRISI) grants. City Council Members stressed the importance of the project and spoke about United States Secretary of Transportation Pete Buttigieg touring the project site earlier this year. Motion carried 7-0. 4. Smart Parking & Mobility Management Plan: Parking Access Revenue Control System Request to Distribute RFP and Create an RFP Review Committee - CIP 360-2936: Motion by Resnick to receive and file the documents and approve distributing a Request for Proposals (RFP) for services related to installation of a Parking Access Revenue Controls System (PARCS) at six parking ramps and the Port of Dubuque Parking Lot adjacent to the former McGraw-Hill building. Seconded by Jones. Responding to questions from the City Council, Director of Transportation Services Ryan Knuckey stated that city staff are looking to upgrade its parking ramp technology and to offer users the option of registering their license plates for automatic payment when using parking ramps. Mr. Knuckey further stated that the RFP welcomes vendor input on the citys current designs. Project Manager Steve Sampson Brown stated that the implementation plan will be presented to the City Council in May or June and will involve policy decisions. Motion carried 7-0. 5. Approval of Economic Development Assistance Contract 23-HQJP-01 l by and Among McCoy Group, Inc., City of Dubuque, and Iowa Economic Development Authority: Motion by Resnick to receive and file the documents and adopt Resolution No. 47-24 Authorizing the execution of an Economic Development Assistance Contract by and among McCoy Group, Inc., the City of Dubuque, Iowa, and the Iowa Economic Development Authority. Seconded by Farber. City Council Members expressed appreciation for McCoy Group, Inc.s investment in the area. Motion carried 7-0 6. Amending Tax Increment Ordinance 30-23-A for the Dubuque Industrial Center Economic Development District, as amended by Version 2024.1 of the Amended and Restated Plan: 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 Wethal. City Attorney Brumwell stated that the ordinance titles for this action item and Action Item No. 7 contained scriveners errors. Ms. Brumwell clarified that for this action item, the City Council was voting to add Subarea U to the Division of Revenues. For Action Item No. 7, the City Council was voting to add Subarea V to the Division of Revenues. Motion carried 7-0. Motion by Roussel] for final consideration and passage of Ordinance No. 4-24 Correcting and Amending Ordinance No. 30-23-A, 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 U to the Division of Revenues. Seconded by Wethal. Motion carried 7-0. 7. Amending Tax Increment Ordinance for the Dubuque Industrial Center Economic Development District, as amended by Version 2024.2 of the Amended and Restated Plan: 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 Wethal. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 5-24 Correcting and Amending Ordinance No. 4-24, 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 V to the Division of Revenues. Seconded by Wethal. Motion carried 7-0. 8. Council Member Susan Farber`s Appointment to the National League of Cities Al Advisory Committee: Motion by Resnick to receive and file the documents. Seconded by Wethal. City Council Members expressed appreciation for Council Member Farbers involvement with the National League of Cities. Council Member Farber stated her intent to partner with Director of Strategic Partnerships Teri Goodmann and Chief Information Officer Chris Kohlmann. Council Member Farber asked if her recusal was necessary for this action item and Action Item No. 9. City Attorney Brumwell confirmed that recusal was unnecessary. Motion carried 7-0. 9. Council Member Susan Farber's Appointment to the Federal Communications Commission Intergovernmental Advisory Committee: Motion by Roussell to receive and file the documents and congratulate Council Member Farber on her appointment. Seconded by Resnick. Council Member Farber stated that she was honored to be selected for the committee. Motion carried 7-0. 10. Work Session Request: Sanitary Sewer Asset Management Plan Update on Consulting Engineering Services: Motion by Jones to receive and file the documents and schedule the work session for March 4, 2024, at 5:30 p.m. Seconded by Roussell. Motion carried 7-0. 11. Work Session Request: Project HOPE Update: Motion by Roussell to receive and file the documents and schedule the work session for May 6, 2024, at 5:30 p.m. Seconded by Wethal. Motion carried 7-0. 12, Work Session Request: Inclusive Dubuque: Motion by Wethal to receive and file the documents and schedule the work session for May 20, 2024, at 5:45 p.m. Seconded by Farber. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Farber reported on the Dubuque Arts Councils Artist in Residence Gareth Johnson, who recently performed at area schools and the University of Dubuques Heritage Center. Council Member Resnick congratulated the National Mississippi River Museum & Aquarium on their 20th anniversary. Mr. Resnick also reported on a recent event at Clarke University to commemorate the 40th anniversary of the fire that occurred on its campus. Council Member Wethal reported on attending an ECIA training for City Councils and the Battle of the Bluffs Rodeo event at the Five Flags Center. Council Member Jones reported on attending a recent children music event at Carnegie Stout Public Library. Mayor Cavanagh reported on recently touring Dubuque Stamping and Manufacturing, the upcoming Air Service Forum hosted by the Dubuque Area Chamber of Commerce, and the recent passing of Nick Lucy. CLOSED SESSION Motion by Jones to convene in closed session at 8:18 p.m. to discuss Confidential Records, Pending Litigation, and Purchase or Sale of Real Estate Chapter 21.5(l)(a),(c),O) Code of Iowa. Seconded by Wethal. Mayor Cavanagh stated for the record that the attorney who will consult with the City Council on the issues to be discussed in the closed session is City Attorney Brumwell. Motion carried 6-0 with Sprank absent. The City Council reconvened in open session at 9:13 p.m. stating that staff had been given proper direction. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 9:13 p.m. /s/Adrienne N. Breitfelder, CMC City Clerk It 2/28