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Proof_City Council Proceedings 04.01.24Copyrighted May 6, 2024 City of Dubuque Consent Items # 01. City Council Meeting ITEM TITLE: Minutes and Reports Submitted SUMMARY: Arts and Cultural Affairs Commission of February 27, 2024; City Council Proceedings of April 8, 9, 15, and 22, 2024; Amended City Council Proceedings of April 4 and 15, 2024; Civil Service Commission of April 10, 2024; Community Development Advisory Commission of March 20, 2024; Five Flags Civic Center Advisory Commission of December 5, 2023; Historic Preservation Commission of March 21, 2024; Housing Appeals and Mediation Board of September 19, 2023; Library Board of Trustees of December 21, 2023; Library Board of Trustees Update of March 28 and April 25, 2024; Parks and Recreation Commission of March 12, 2024; Transit Advisory Board of September 14, 2023; Zoning Advisory Commission of April 3, 2024; Zoning Board of Adjustment of March 28 and April 25, 2024; Proof of Publication for City Council Proceedings of March 18, 25, 26, 27, and 28, and April 1, 2, 4, 8, and 9, 2024. SUGGESTED Suggested Disposition: Receive and File DISPOSITION: ATTACHMENTS: Description Type City Council Proceedings of April 8, 2024 Supporting Documentation City Council Proceedings of April 9, 2024 Supporting Documentation City Council Proceedings of April 15, 2024 Supporting Documentation City Council Proceedings of April 22, 2024 Supporting Documentation Amended City Council Proceedings of April 4, 2024 Supporting Documentation Amended City Council Proceedings of April 15, 2024 Supporting Documentation Proof of Publication March 18, 2024 Proof of Publication -March 25, 2024 Meeting 1 Proof of Publication -March 25, 2024 Meeting 2 Proof of Publication March 26, 2024 Proof of Publication March 27, 2024 Proof of Publication March 28, 2024 Proof of Publication_ April 1, 2024 Proof of Publication_ April 2, 2024 Proof of Publication_ April 4, 2024 Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Parks and Recreation Commission Minutes Supporting Documentation Housing Appeals and Mediation Board Minutes Supporting Documentation Arts and Cultural Affairs Minutes Supporting Documentation Civil Service Commission Minutes Supporting Documentation Transit Advisory Board Minutes Supporting Documentation Community Development Advisory Commission Minutes Supporting Documentation Historic Preservation Commission Minutes Supporting Documentation Five Flags Civic Center Advisory Commission Minutes Supporting Documentation Library Board of Trustees Minutes Supporting Documentation Zoning Board of Adjustment Minutes —March 2024 Supporting Documentation Zoning Board of Adjustment Minutes —April 2024 Supporting Documentation Library Board of Trustees Update —March 28, 2024 Supporting Documentation Library Board of Trustees Update —April 25, 2024 Supporting Documentation Proof of Publication —April 8, 2024 Supporting Documentation Proof of Publication —April 9, 2024 Supporting Documentation Zoning Advisory Commission Minutes 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: 04/10/2024 and for which the charge is t95.96 Susc , ribed to be re me, a Notary Public i a d for Dubuque County, Iowa, this t5th day of April, 2024 otv".et 1� PCO-9, Notary blic in and for Dubuq e County, Iowa. �rVJA4 o JANET KC PAPS a Commission Number 199559 z r My commission Expires ,off, 12/11/2025 Ad text CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on April 1, 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 Miiligen, City Attorney 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 PROCLAMATION(S) 1. Sexual Assault Awareness Month (April 2024) was accepted by Mayor Cavanagh on behalf of the Riverview Center, 2. Community Development Week (April 1-5, 2024) was accepted by Community Development Specialist Mary Bridget Corken Deutsch on behalf of the Housing & Community Development Department. 3. Junior Achievement Day (April 4, 2024) was accepted by Scott Ellerbach on behalf of Junior Achievement of the Heartland. 4. Saint 4 Life Foundation - Fighting Saints Alumni Celebration (April 5 - 6, 2024) was accepted by Council Member Farber and Brooks Bertsch on behalf of the Saint 4 Life Foundation. 5. Dubuque YP Days of Caring (April 26, 2024) was accepted by Water Department Director Christopher Lester on behalf of the Dubuque YP Days of Caring Board. 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: 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. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Deann Bergfeld 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: Deann Bergfeld for vehicle damage; Azariah Martin for vehicle damage; Kirtland Thayer 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. 67-24 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. Arts & Cultural Affairs Advisory Commission Special Projects Grant Modification: Upon motion the documents were received, filed, and approved. 6. Resolution Approving the Acquisition of Real Estate Owned by Ace Construction- Dubuque, L.L.C. by Eminent Domain and Establishing the Fair Market Value of the Real Estate: Upon motion the documents were received and filed, and Resolution No. 68-24 Approving the acquisition of real estate owned by Ace Construction -Dubuque, L.L.C. by eminent domain and establishing the fair market value of the real estate was adopted. 7. Greater Dubuque Development Corporations Distinctively Dubuque Brochure: Upon motion the documents were received and filed. 8. Acceptance of a Grant of Public Utility Easement and Dedications of Right of Way across Dubuque Community School District Property as part of the Althauser Street Watermain and Sanitary Sewer Reconstruction Project: Upon motion the documents were received and filed, and Resolution No. 69-24 Accepting a Grant of Public Utility Easement and Dedications of Right of Way along Althauser Street and Eagle Street as part of the Althauser Street Watermain and Sanitary Sewer Reconstruction Project, in the City of Dubuque, Iowa was adopted. 9. 2023 Maintenance Dredging Project: Acceptance of Public Improvement Construction Contract - Project Number: 5546000001-304-67990 Harbor Area Dredging: Upon motion the documents were received and filed, and Resolution No. 70-24 Accepting the 2023 Maintenance Dredging Project and Authorizing Final Payment to the Contractor was adopted. 10. Acceptance of Quit Claim Deed from Iowa Department of Transportation Lot A, Lot 4, and Lot 5 of Weber Acres 2nd Addition: Upon motion the documents were received and filed, and Resolution No. 71-24 Accepting Quit Claim Deed from State of Iowa, Iowa Department of Transportation for Lot A, Lot 4, and Lot 5 of Weber Acres 2nd Addition, Dubuque County, Iowa was adopted. 11. Acceptance of Quit Claim Deed from Iowa Department of Transportation Lot B ISAAC Hanna 2nd Addition: Upon motion the documents were received and filed, and Resolution No. 72-24 Accepting Quit Claim Deed from State of Iowa, Iowa Department of Transportation for Lot B Isaac Hanna 2nd Addition, Dubuque County, Iowa was adopted. 12. Request to post Request for Proposal to update the Unified Development Code: Upon motion the documents were received, filed, and approved. 13. Suspension of Iowa Talent Bank Pilot Program for City Boards and Commissions: Correspondence from Kimberly Baxter, Human Rights Advocacy Chief for the Iowa Department of Health and Human Services, regarding the suspension of the Iowa Talent Bank Pilot Program for City Boards and Commissions. Upon motion the documents were received and filed. 14. Signed Contract(s): J&R Supply, Inc. for the Ring & Lids - Metal Supply Project; Origin Design Co. for the Kerper Boulevard Lift Station Replacement; UPS Technologies for Odor Abatement Analysis. Upon motion the documents were received and filed. 15. 3000 Jackson Dubuque Brewing and Malting Project Update: Upon motion the documents were received and filed. 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 Wethal. Motion carried 7-0. 1. Dubuque Racing Association Lease: Dubuque Racing Association Phase 2 Financing, Amended Leasehold Mortgage: Upon motion the documents were received and filed and Resolution No. 73-24 Intent to dispose of an interest in real property through an amendment to the existing ]case agreement with the Dubuque Racing Association, LTD. and approving an amendment to the leasehold mortgage between the Dubuque Racing Association, LTD and MidWestOne Bank was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on April 9, 2024 in the Historic Federal Building. 2. 2024 Maintenance Dredging Project No. 1: Initiate Public Improvement Bidding Process: Upon motion the documents were received and filed and Resolution No. 74-24 2024 Maintenance Dredging Project No. 1: 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 was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on April 15, 2024 in the Historic Federal Building. BOARDS/COMMISSIONS Applications were reviewed for the following Boards and Commissions. Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. 1. Civil Service Commission: Mayor Cavanagh selected applicant Carla Heathcote, 2529 Stafford St., for appointment to the 4-Year term through April 6, 2028 (Expiring term of Heathcote). Vote on appointment will occur at the May 6, 2024, City Council Meeting. This commission is subject to the State of Iowa Gender Balance Law, ?69.16A. 3 Commissioners total; currently 2 males /0 females. PUBLIC HEARINGS 1. Hold Public Hearing and approve the Revised Administrative Plan for the Housing Choice Voucher Program: Motion by Jones to receive and file the documents and adopt Resolution No. 75-24 Approving the revision of the Public Housing Authority (PHA) Administrative Plan for the Housing Choice Voucher Program. Seconded by Sprank. Motion carried 7-0. 2. Submission of Annual Public Housing Agency (PHA) Plan Federal Fiscal Year 2024 (PHA Fiscal Year 2025) Annual Plan: Motion by Roussell to receive and file the documents and adopt Resolution No. 76-24 Authorizing the Mayor to execute the Certification by State or Local Office of Public Housing Agency (PHA) Plans consistency with the Consolidated Plan and approval of the PHA 2024 Annual Plan. Seconded by Wethal. Motion carried 7-0. 3. Resolution Approving a Development Agreement by and between City of Dubuque and CBDC, LLC: Motion by Jones to receive and file the documents and adopt Resolution No. 77-24 Approving a Development Agreement by and between the City of Dubuque, Iowa and CBDC, LLC, including the issuance of Urban Tax Increment Revenue Obligations. Seconded by Farber. City Council Members expressed enthusiasm for the agreement. Motion carried 7-0. ACTION ITEMS 1. Canadian Pacific Kansas City Limited Railroad Request to Close 15th Street Railroad Crossing: Motion by Jones to receive and file the documents and schedule a discussion by the City Council on closing the 15th Street railroad crossing for the June 3, 2024, City Council Meeting. Seconded by Sprank. City Manager Van Milligen confirmed that the request before the City Council was verifying if they would like city staff to conduct research on the potential closure, with information shared at the June 3rd meeting. City Council Members expressed support for additional information. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Farber reported on attending a NAMI Dubuque event. Council Member Resnick reported on the Jule Bus advertisements by McCullough Creative. Council Member Wethal reported on attending a Travel Dubuque Outreach Committee meeting. CLOSED SESSION Motion by Jones to convene in closed session at 7:12 p.m. to discuss Pending Litigation and Purchase or Sale of Real Estate Chapter 21.5(1)(c),O) Code of Iowa. Seconded by Farber. 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 City Attorney Brumwell. Motion carried 7-0. The City Council reconvened in open session at 7:47 p.m. stating that staff had been given proper direction. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 7:47 p.m. /s/Adrienne N. Bfeitfelder, CMC City Clerk It 4/10