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Minutes_City Council Proceedings 03.18.24Copyrighted April 1, 2024 City of Dubuque Consent Items # 01. City Council Meeting ITEM TITLE: Minutes and Reports Submitted SUMMARY: City Council Proceedings of March 18, 2024; Civil Service Commission of March 7, 2024; Equity and Human Rights Commission of February 13, 2024; Historic Preservation Commission of February 15, 2024; Housing Commission of April 25, 2023; Library Board of Trustees of March 23, 2023, April 27, 2023, May 25, 2023, June 22, 2023, July 27, 2023, August 23, 2023, August 24, 2023, September 28, 2023, October 19, 2023, October 26, 2023, and November 16, 2023; Park and Recreation Commission of February 13, 2024; Zoning Advisory Commission Draft Minutes of March 6, 2024 and March 13, 2024; Proof of Publication for City Council Proceedings of March 4, 2024 and March 7, 2024. SUGGESTED Suggested Disposition: Receive and File DISPOSITION: ATTACHMENTS: Description Type Civil Service Commission Minutes Supporting Documentation Equity and Human Rights Commission Minutes Supporting Documentation Historic Preservation Commission Minutes Supporting Documentation Housing Commission Minutes Supporting Documentation Park and Recreation Commission Minutes Supporting Documentation Zoning Advisory Commission 3/6/24 Supporting Documentation Zoning Advisory Commission 3/13/24 Supporting Documentation Library_March 23, 2023 Supporting Documentation Library_April 27, 2023 Supporting Documentation Library_May 25, 2023 Supporting Documentation Library_June 22, 2023 Supporting Documentation Library_July 27, 2023 Supporting Documentation Library_August 23, 2023 Supporting Documentation Library_August 24, 2023 Supporting Documentation Library_September 28, 2023 Supporting Documentation Library_October 19, 2023 Supporting Documentation Library_October 26, 2023 Supporting Documentation Library_November 16, 2023 Supporting Documentation City Council Proceedings of March 18, 2024 Supporting Documentation Proof of Publication 3.4.24 Supporting Documentation Proof of Publication 3.7.24 Supporting Documentation CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:45 p.m. on March 18, 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, Wethal; City Manager Van Milligen, City Attorney Brumwell. Mayor Cavanagh stated for the record that City Clerk Breitfelder was excused from the meeting and that Assistant City Manager Cori Burbach would serve as Acting City Clerk. 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 the Secondary Responder Model. WORK SESSION Secondary Responder Model Chief of Police Jeremy Jensen, Captain Steve Radloff, and Lieutenant Mike McTague presented information regarding the Secondary Responder Model. Responding to a question from the City Council, Chief Jensen stated that increased awareness of brain health has resulted in higher volumes of brain health calls for service. Chief Jensen further stated that the model would experience additional success if providers could be co -located. City Council Members expressed appreciation for the model and its communitywide impact. There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:31 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 6:33 p.m. on March 18, 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, Wethal; City Manager Van Milligen, City Attorney Brumwell. Mayor Cavanagh stated for the record that City Clerk Breitfelder was excused from the meeting and that Assistant City Manager Cori Burbach would serve as Acting City Clerk. 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 PROCLAMATION(S) 1. AmeriCorps Week (March 10 - 16, 2024) was accepted by AmeriCorps Assistant Sarah Berna, Community Impact Administrative Assistant Anne Marie Greenwood, and Green Iowa AmeriCorps Climate Action Activator Jessica Anderschau on behalf of the City of Dubuque AmeriCorps Program and Green Iowa AmeriCorps within the Office of Sustainability. 2. Honey Bee Day (March 27, 2024) was accepted by H.R. Cook on behalf of the Iowa Honey Producers Association and Swiss Valley Bee Club. CONSENT ITEMS 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: 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. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Latoya Eubanks for property damage; Ronald Lindblom and Catherine Dunning for property damage; Azariah Martin for vehicle damage; Kirtland Thayer 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: Latoya Eubanks for property damage; Ronald Lindblom and Catherine Dunning for property 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. 56-24 Authorizing the Chief Financial Officer/City Treasurer to make certain 2 payments of bills that must be paid and approved for payment in accordance with City procedures was adopted. 5. Civil Service Commission's Certified List - Police Officer: Upon motion the documents were received, filed, and made a matter of record. 6. Letters of Support for HOME ARP Funds: City Manager recommended approval to provide a letter of support to developers of projects at 1301 Central Avenue and 1739-1763 Central Avenue for submission with their application for HOME ARP funds. Upon motion the documents were received, filed, and approved. 7. 2024 — Q1 Update on Childcare Challenges and Collaborations: Upon motion the documents were received and filed. 8. Brewing and Malting Project Update - 3000 Jackson Dubuque: Upon motion the documents were received and filed. 9. Water & Resource Recovery Center Odor Abatement Efforts Update: Upon motion the documents were received and filed. 10. First Amendment to Development Agreement by and between the City of Dubuque, Iowa, and Farley & Loetscher, LLC: Upon motion the documents were received and filed, and Resolution No. 57-24 Approving a First Amendment to Development Agreement by and Between the City of Dubuque, Iowa, and Farley & Loetscher, LLC was adopted. 11. Right of Way Platting — Merge (The Stacks) Project in the Port of Dubuque: Upon motion the documents were received and filed, and Resolution No. 58-24 Approving the Acquisition Plat of Lot 1A of Adams company's 5th Addition, in the City of Dubuque, Iowa was adopted. 12. Plat of Survey of Pechous Place, locally known as 410 and 414 Raymond Place: Upon motion the documents were received and filed, and Resolution No. 59-24 Approving the Simple Subdivision Plat of Pechous Place, Dubuque, Iowa was adopted. 13. Temporary Agreement Between the City of Dubuque and ITC Midwest, LLC to Operate an Electric Transmission System in the City of Dubuque: Upon motion the documents were received and filed, and Resolution No. 60-24 Approving an Agreement Between the City of Dubuque and ITC Midwest, LLC to Operate an Electric Transmission System in the City of Dubuque was adopted. 14. Grant Agreement with 917 Motorsport LLC for Rehabilitation of 243 W 10th Street: Upon motion the documents were received and filed, and Resolution No. 61-24 Approving a Grant Agreement by and Between the City of Dubuque, Iowa and 917 Motorsport LLC for the Redevelopment of 243 W 10th Street was adopted. 15. Tobacco Compliance Settlement Agreements for Tobacco License Holders - Fuel Express Food Mart and EZ Stop 1: Upon motion the documents were received, filed, and approved. 16. Approval of Retail Alcohol Licenses and Retail Tobacco, Alternative Nicotine, and Vapor 3 Product Permit Applications: Upon motion the documents were received and filed, and Resolution No. 62-24 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 and Resolution No. 63-24 Approving applications for retail permits to sell Tobacco, Tobacco Products, Alternative Nicotine Products, and Vapor Products, as required by Iowa Code §453A.47A were adopted. ITEMS SET FOR PUBLIC HEARING Motion by Roussell to receive and file the documents, adopt the resolutions, and set the public hearings as indicated. Seconded by Sprank. Motion carried 7-0. 1. Development Agreement by and between the City of Dubuque, Iowa and CBDC, LLC: Upon motion the documents were received and filed and Resolution No. 64-24 Fixing the date for a Public Hearing of the City Council of the City of Dubuque, Iowa on the proposed Development Agreement by and between the City of Dubuque, Iowa and CBDC, LLC, including the proposed issuance of Urban Renewal Tax Increment Revenue Grant Obligations to CBDC, LLC, and providing for the publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on April 1, 2024 in the Historic Federal Building. BOARDS/COMMISSIONS Appointments were made to the following boards/commissions. 1. Housing Appeals and Mediation Board: One, 3-Year Term through January 1, 2027 (Vacant term of Lenhart). Applicant: Jeff Lenhart, 1085 Main St. Motion by Jones to appoint Mr. Lenhart to the three-year term through January 1, 2027. Seconded by Wethal. Motion carried 7-0. PUBLIC HEARINGS 1. Request to Rezone Property at 35 Locust Street from C-3 General Commercial to C-4 Downtown Commercial: 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 and responded to questions from the City Council. Applicant Josh Jansen, 11368 Rock Grove Ct., described the planned fagade of the proposed building and parking availability. City Council Members expressed support for the rezoning. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 6-24 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property from C-3 General Commercial to C-4 Downtown Commercial. Seconded by Sprank. Motion carried 7-0. 2. Request to Amend a Planned Unit Development (PUD) to Allow Pet Daycare or Grooming as a Permitted Use: 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 Jones. Planning Services Director Wally Wernimont provided a staff report. Motion carried 7-0. S Motion by Roussel for final consideration and passage of Ordinance No. 7-24 Amending Title 16 of the City of Dubuque Code of Ordinances Unified Development Code by Rescinding Ordinance No. 82-04 Which Provides Regulations for the PUD Planned Unit Development District with a Planned Commercial Designation and now being amended to modify the list of permitted uses to include Pet Daycare or Grooming. Seconded by Jones. Motion carried 7-0. 3. State Revolving Fund (SRF) Loan - Environmental Review Bipartisan Infrastructure Law and State Revolving Fund (SRF) Private Lead Service Line Replacement Pilot Program and Presentation: Motion by Resnick to receive and file the documents and adopt Resolution No. 65-24 State Revolving Fund (SRF) Loan - Environmental Review Private Lead Service Line Replacement Pilot Program - Approval of an Environmental Review as Provided By SRF's Department of Natural Resources for the Private Lead Service Line Replacement Pilot Program. Seconded by Farber. Water Department Director Christopher Lester made a presentation and responded to questions from the City Council. Responding to a question from the City Council, City Manager Van Milligen summarized the forgivable and unforgivable components of the loan. Motion carried 7-0. PUBLIC INPUT John Petco, 1983 University Ave., provided input about his challenges finding parking near his residence and requested the city consider granting assigned parking spots to residents with identified disabilities. ACTION ITEMS 1. Barry Lindahl Appointment to the Public Information Board, Iowa: Motion by Roussell to receive and file the documents. Seconded by Sprank. City Council Members congratulated Mr. Lindahl on the appointment. Motion carried 7-0. 2. Request for Ratification of Dubuque Police Protective Association (DPPA) July 1, 2024 Collective Bargaining Agreement (CBA): Motion by Jones to receive and file the documents and approve the City of Dubuque/Dubuque Police Protective Association (DPPA) Collective Bargaining Agreement to become effective on July 1, 2024. Seconded by Farber. Chief Human Resources Officer Shelley Stickfort summarized the procedure for contract recertification. Motion carried 7-0. 3. Bryan Porter, a Seasonal Employee in the City of Dubuque Parks Division Video: Motion by Resnick to receive and file the documents and view the video. Seconded by Sprank. Media Services staff showed a video featuring Bryan Porter, a seasonal employee in the City of Dubuque Parks Division. The video can be viewed at https://youtu.be/5etUK6cArgo. Motion carried 7-0. COUNCIL MEMBER REPORTS Mayor Cavanagh reported on the City Council Members and City staff's recent trip to Washington, D.C. to advocate for city priorities. Mayor Cavanagh also reported on attending a Mississippi River Cities and Towns Initiative event in Washington, D.C. Council Member Resnick also reported on the City Council's trip to Washington, D.C., and recognized Mayor Cavanagh for his partnerships. Mr. Resnick and Mayor Cavanagh reiterated Iowa open meetings statutes to explain why the 5 City Council could not formally address comments given during public input. Council Member Farber reported on attending the National League of Cities Conference in Washington, D.C. Council Member Roussell reported on attending the Iowa League of Cities Local Leaders Day. Council Member Sprank also reported on the City Council's trip to Washington, D.C. Council Member Jones reported on speaking to the current Leadership Iowa class. Council Member Wethal reported on the upcoming Dubuque Area Chamber of Commerce's Dubuque Night and the upcoming Cracker Barrel with State Legislators. CLOSED SESSION Motion by Jones to convene in closed session at 8:02 p.m. to discuss Purchase or Sale of Real Estate — Chapter 21.5(1)(j) 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 7-0. The City Council reconvened in open session at 9:04 p.m. stating that staff had been given proper direction. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 9:04 p.m. /s/Adrienne N. Breitfelder, CIVIC City Clerk C.