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6 3 24 City Council Minutes1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:15 p.m. on June 3, 2024, in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Cavanagh; Council Members Farber (attended virtually), Jones, Resnick, Roussell, Sprank, 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 city prevention and response to an active aggressor situation. WORK SESSION City Prevention and Response to an Active Aggressor Situation Police Chief Jeremy Jensen, Dubuque Community School District (DCSD) Chief Communication Officer Mike Cyze, City Council Member Katy Wethal, and the Community Foundation of Greater Dubuque’s Vice President of Community Impact Mary Jo Jean-Francois presented on prevention and response to active aggressor situations. Responding to a question from the City Council about recent state legislation permitting school districts to arm personnel, Chief Jensen stated that the school district determines their policy on arming teachers. City Manager Van Milligen elaborated that DCSD has decided not to arm their teachers, which he supports based on previously presented data indicating shortcomings in hitting intended target. School Resource Officer (SRO) Lieutenant Bruce Deutsch provided information on the Safe+Sound Iowa online anonymous reporting system where students can report concerning information. Mr. Cyze summarized DCSD student training to report concerns. The City Council suggested the Community Foundation’s stakeholder discussions include local universities and seminaries. Chief Jensen stated that social emotional learning is an important aspect of prevention and that the issue must be considered holistically. City Council Members emphasized the importance of contacting emergency personnel to report any concerns and expressed interest in exploring policy changes. There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:17 p.m. /s/Adrienne N. Breitfelder, CMC City Clerk 2 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on June 3, 2024, in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Cavanagh; Council Members Farber (attended virtually), Jones, Resnick, Roussell, Sprank, 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 conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE City Manager Van Milligen provided an update on the recent storms that impacted the area, including city response activities. PRESENTATION(S) 1. 2024 Employee SPIRIT Awards Recognition: Assistant City Manager Cori Burbach made a presentation on the 2024 City of Dubuque SPIRIT Awards. As part of the presentation, Public Information Office staff showed a video on the May 9, 2024, City Employee Celebration Event held in conjunction with Public Service Recognition Week. The video can be viewed at: https://youtu.be/5fUeiAGqdLo. PROCLAMATION(S) 1. Upper Mississippi River Wildlife and Fish Refuge Day (June 7, 2024) was accepted by National Mississippi River Museum & Aquarium President & CEO Kurt Strand on behalf of the National Mississippi River Museum & Aquarium. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Wethal. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of May 20, 2024; Community Development Advisory Commission of April 17, 2024. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Chicago, Central & Pacific Railroad for property damage; Edward & Diane Claycomb 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: Chicago, Central & Pacific Railroad for property damage; Edward & Diane Claycomb for vehicle damage. Upon motion the documents were received, filed, and concurred. 3 4. Approval of City Expenditures: Upon motion the documents were received and filed, and Resolution No. 157-24 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. Letter of Support: Local College/Career Access Network (LCAN): Upon motion the documents were received, filed, and approved. 6. North Grandview Avenue Pavement Rehabilitation Project: Upon motion the documents were received and filed, and Resolution No. 158-24 Awarding Public Improvement Contract for the North Grandview Avenue Pavement Rehabilitation Project was adopted. 7. 2024 ADA Sidewalk Curb Ramp Project Three Award Recording Memo: Upon motion the documents were received and filed, and Resolution No. 159-24 Awarding Public Improvement Contract for the 2024 ADA Sidewalk Curb Ramp Project Three was adopted. 8. 2024 ADA Sidewalk Curb Ramp Project Four Award Recording Memo : Upon motion the documents were received and filed, and Resolution No. 160-24 Awarding Public Improvement Contract for the 2024 ADA Sidewalk Curb Ramp Project Four was adopted. 9. 3000 Jackson, Dubuque Brewing and Malting Building Update : Upon motion the documents were received and filed. 10. New Housing Units Highlighting Affordable Projects Handout : Upon motion the documents were received and filed. 11. First Amendment to Lease Agreement by and Among The City of Dubuque, Iowa, Dubuque Metropolitan Area Solid Waste Agency, and Radio Dubuque, Inc.: Upon motion the documents were received, filed, and approved. 12. Public Works Custodian Staffing Change Recommendation: City Manager recommended City Council approval to increase the Public Works Department Part-Time Custodian position (0.68 FTE) to a Full-Time Custodian (1.00 FTE). Upon motion the documents were received, filed, and approved. 13. Signed Contract(s): Landmark Turf Services, LLC for the Weed Control Flood Control System Spraying 2024; First Amendment to Access Easement Agreement with Butler Children's Garden Foundation, Inc.; Amended and Restated Parking Agreement with Wanderwood Gardens and Dubuque Arboretum and Botanical Gardens. Upon motion the documents were received and filed. 14. Equitable Community Grant Recommendation: Upon motion the documents were received and filed, and Resolution No. 161-24 Awarding Equitable Community Grant to Hills & Dales Childcare Center; and Resolution No. 162-24 Awarding Equitable Community Grant to Red Basket Project were adopted. 15. Final Plat of South Pointe #2: Upon motion the documents were received and filed, and Resolution No. 163-24 Authorizing approval of the Final Plat of South Pointe #2 in the City of Dubuque, Iowa was adopted. 4 16. Improvement Contracts / Performance, Payment and Maintenance Bonds : Midwest Concrete Inc. for the 2024 ADA Sidewalk Curb Ramp Project One and 2024 ADA Sidewalk Curb Ramp Project Two. Upon motion the documents were received, filed, and approved. 17. Approval of Retail Tobacco, Alternative Nicotine, and Vapor Product Permit Applications : Upon motion the documents were received and filed, and Resolution No. 164-24 Approving applications for retail permits to sell Tobacco, Tobacco Products, Alternative Nicotine Products, and Vapor Products, as required by Iowa Code §453A.47A was 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. Resolution Setting a Public Hearing on a Proposed Development Agreement by and between the City of Dubuque, Iowa and Millwork Flats, L.L.C. Providing for the Issuance of Urban Renewal Tax Increment Revenue Grant Obligations Pursuant to the Development Agreement: Upon motion the documents were received and filed and Resolution No. 165-24 Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on a Development Agreement by and between the City of Dubuque, Iowa and Millwork Flats, L.L.C., including the proposed issuance of urban renewal tax increment revenue obligations relating thereto 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 June 17, 2024 in the Historic Federal Building. 2. Resolution Setting a Public Hearing on a Proposed First Amendment to Development Agreement by and between the City of Dubuque, Iowa and South Pointe, L.L.C. and Providing for the Issuance of Urban Renewal Tax Increment Revenue Obligations Pursuant to the Development Agreement: Upon motion the documents were received and filed and Resolution No. 166-24 Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on the First Amendment to Development Agreement by and between the City of Dubuque, Iowa and South Pointe, L.L.C., including the proposed reimbursement of South Pointe, L .L.C. for certain infrastructure improvements with urban renewal tax increment revenue 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 June 17, 2024 in the Historic Federal Building. 3. Seippel Road Water Main Lowering Project Initiate Public Bidding Process and Setting Date for Public Hearing - Project Code: 4281000059: Upon motion the documents were received and filed and Resolution No. 167-24 Seippel Road Water Main Lowering Project: 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 June 17, 2024 in the Historic Federal Building. PUBLIC HEARINGS 1. First Amendment to Grant Agreement with Forward Investments Group LLC : Motion by Sprank to receive and file the documents and adopt Resolution No. 168-24 Approving a First Amendment to Grant Agreement by and between the City of Dubuque, Iowa and Forward Investments Group LLC, including the proposed issuance of urban renewal tax increment 5 revenue obligations relating thereto, and providing for the publication of notice thereof . Seconded by Jones. Motion carried 7-0. 2. Resolution Approving a Subordination Agreement for Downtown Rehabilitation Loan Program Loan #2-23 - 1199 Central Avenue: Motion by Resnick to receive and file the documents and adopt Resolution No. 169-24 Approving a Subordination Agreement by and among Virtual Velocity, LLC, Dubuque Initiatives, Michael and Denise Erschen, and the City of Dubuque, Iowa for interest in property located at 1199 Central Avenue . Seconded by Wethal. Responding to a question from the City Council, City Manager Van Milligen s ummarized the subordination process. Motion carried 7-0. 3. Public Hearing for the 2024 Pavement Marking Project - Project Code: 5521000013: Motion by Roussell to receive and file the documents and adopt Resolution No. 170-24 Approval of plans, specifications, form of contract, and estimated cost for the 2024 Pavement Marking Project. Seconded by Sprank. City Clerk Breitfelder stated that written input was received by Steve Cook. Responding to questions regarding the bike lane pilot project, Traffic Engineer Justine Hull stated that July is the targeted timeframe to have designated bike lanes painted and that feedback on the program would be solicited via phone calls, traffic camera footage, and partnering with organizations such as Dubuque Forward and Dubuque Main Street. Ms. Hull stated that removing certain parking spaces for the pilot project would result in visitors having to park a half block further away. Ms. Hull further stated that city staff are considering various options to reduce project costs if the city decides to permanently install the bike lanes. Responding to a question about renting parking spaces, Ms. Hull and City Manager Van Milligen stated that while the Transportation Services Department would be most appropriate to answer the question, the city does not rent on-street parking spaces to individuals and that the city’s parking ramps have plenty of vacancies. City Council Members expressed support for the bike lane pilot project. Motion carried 7-0. ACTION ITEMS 1. Adoption of Historic Millwork District Master Plan Update: Motion by Resnick to receive and file the documents and adopt Resolution No. 171-24 Adopting a Master Plan Update for the Historic Millwork District. Seconded by Jones. City Council Members expressed support for the plan and emphasized that approving the plan does not mean that parking spaces in the district will be immediately eliminated. City Manager Van Milligen confirmed that many conversations will transpire prior to any action occurring on parking in the district. Motion carried 7-0. 2. Request for City Council Ratification of IUOE July 1, 2024 Collective Bargaining Agreement (CBA): Motion by Roussell to receive and file the documents and approve the City of Dubuque/The International Union of Operating Engineers/AFL-CIO, Local #234 (IUOE) Collective Bargaining Agreement to become effective on July 1, 2024. Seconded by Jones. City Council Members thanked city staff and the union for their work on the agreement. Motion carried 7-0. 3. Resolutions of Support for Workforce Housing Tax Credit Applications: Motion by Jones to receive and file the documents and adopt Resolution No. 172-24 Supporting the submission of an Iowa Economic Development Authority (IEDA) application to the Workforce Housing Tax Credit Program by Millwork Flats, L.L.C.; Resolution No. 173-24 Supporting the submission of an Iowa Economic Development Authority (IEDA) application to the Workforce Housing Tax 6 Credit Program by Miller Companies; Resolution No. 174-24 Supporting the submission of an Iowa Economic Development Authority (IEDA) application to the Workforce Housing Tax Credit Program by Corridordbq, LLC; Resolution No. 175-24 Supporting the submission of an Iowa Economic Development Authority (IEDA) application to the Workforce Housing Tax Credit Program by Dubuque Initiatives; Resolution No. 176-24 Supporting the submission of an Iowa Economic Development Authority (IEDA) application to the Workfo rce Housing Tax Credit Program by Plastic Center, Inc.; Resolution No. 177-24 Supporting the submission of an Iowa Economic Development Authority (IEDA) application to the Workforce Housing Tax Credit Program by JB Lofts, LLC; and Resolution No. 178-24 Supporting the submission of an Iowa Economic Development Authority (IEDA) application to the Workforce Housing Tax Credit Program by Wilson House Apts, LLC. Seconded by Sprank. City Council Members and City Manager Van Milligen clarified that adopting the resolution for Millwork Flats, L.L.C. was a separate action from Item Set for Public Hearing No. 1. City Council Members expressed enthusiasm for this being the highest number of applications submitted for Dubuque in one year. Motion carried 7-0. 4. Recommendation to Close 15th Street Railroad At -Grade Crossing - Canadian Pacific Kansas City Limited Railroad Request: Motion by Roussell to receive and file the documents and adopt Resolution No. 179-24 Authorizing to permanently close the 15th Street railroad at- grade crossing. Seconded by Wethal. City Council Members lauded the city’s data-driven approach to collecting resident input and the possibility of the city becoming a designated quiet zone. Motion carried 7-0. 5. Recommendation for Replacement Agenda and Meeting Management System: Motion by Jones to receive and file the documents and approve executing the agreement with CivicPlus for their Agenda and Meeting Management Select software to replace NovusAGENDA as the city’s software for City Council meeting agendas. Seconded by Sprank. City Council Members thanked the selection committee for their work and emphasized the necessity for changing the city’s agenda software. Motion carried 7-0. 6. Work Session Request: Chaplain Schmitt Island Redevelopment Plan: Motion by Jones to receive and file the documents and discuss scheduling the work session. Seconded by Resnick. Council Member Jones suggested modifying the start time to 4:00 p.m. and hosting the session at Q Casino so the City Council could tour their remodeled showroom. Mayor Cavanagh stated many City Council Members may be unable to attend a 4:00 p.m. session and that hosting it in Council Chambers allows the session to be broadcast an d recorded for the public. Motion amended by Jones to schedule the work session for July 15, 2024, at 5:30 p.m. in City Council Chambers. Seconded by Resnick. Motion carried 7-0. 7. Work Session Request: Four Mounds Foundation: Motion by Jones to receive and file the documents and schedule the work session for August 5, 2024, at 6:00 p.m. Seconded by Sprank. Motion carried 7-0. 8. Delivering Dubuque Video - Housing & Community Development: Motion by Roussell to receive and file the documents and view the video. Seconded by Jones. Public Information Office staff showed the newest edition of Delivering Dubuque video series, which focuses on the programs offered by the Housing & Community Development Department. The video can be viewed at https://youtu.be/WFBsvZZOmnY?si=EpZbXOb0iVxBHbG3. Motion carried 7-0. COUNCIL MEMBER REPORTS 7 Council Member Sprank reported on attending the Multicultural Family Center’s Pride Family Festival. Council Member Roussell reported on attending a celebration for Marshallese Constitution Day. Council Member Wethal also reported on the Pride Family Festival and further stated that the state’s primary election was occurring on June 4th. Council Member Resnick reported on the City Council’s upcoming goal setting. Council Member Farber reported on attending the Federal Communications Commission’s (FCC) advisory committee meeting last week. Mayor Cavanagh reported on touring Liberty Recovery Center and attending the American Flood Coalition Summit in Washington, D.C. CLOSED SESSION Motion by Jones to convene in closed session at 8:08 p.m. to discuss Pending Litigation and Purchase or Sale of Real Estate – Chapter 21.5(1)(c),(j) Code of Iowa. Seconded by Wethal. 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 9:14 p.m. stating that staff had been given proper direction. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 9:15 p.m. /s/Adrienne N. Breitfelder, CMC City Clerk