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Minutes_City Council Proceedings 03.03.25Copyrighted March 17, 2025 City of Dubuque CONSENT ITEMS # 1. City Council ITEM TITLE: Minutes and Reports Submitted SUMMARY: Arts and Cultural Affairs Advisory Commission of January 21, 2025; Cable TV Commission of November 20, 2024; City Council Proceedings from March 3, 2025; Equity and Human Rights Commission of January 14 and January 20, 2025; Zoning Advisory Commission Draft Minutes of March 5, 2025; Zoning Board of Adjustment of January 23, 2025; Proof of publication for City Council Proceedings of February 17, 2025. SUGGUESTED Receive and File DISPOSITION: ATTACHMENTS: 1. Arts and Cultural Affairs Minutes 2. Cable TV Commission Meeting Minutes 3. 3 3 25 Special Session City Council Minutes 4. 3 3 25 City Council Minutes 5. January 14, 2025 EHRC Minutes 6. January 20, 2025 EHRC Subcommittee Minutes 7. Zoning Advisory Commission Draft Minutes 8. Zoning Board of Adjustment Minutes 9. Proof of Publication for City Council Proceedings 2.17.25 Page 298 of 848 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:15 p.m. on March 3, 2025, 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 read the call and stated this is a special session of the City Council called for the purpose of setting a public hearing for the proposed fiscal year 2026 property tax rate. ITEMS SET FOR PUBLIC HEARING 1. Set Public Hearing for Proposed Fiscal Year 2026 Tax Rate and Dollars and Taxpayer Statements: Motion by Farber to receive and file the documents, adopt Resolution No. 70-25-A Setting A Public Hearing On The Proposed Fiscal Year 2026 Tax Rate And Dollars And Taxpayer Statements, and set the public hearing for March 25, 2025. Seconded by Sprank. Van Milligen gave a presentation and, in response to questions, stated that this year the city is sharing all improvement package requests during the initial recommendation. Chief Financial Officer Jenny Larson addressed a question regarding other expenses and revenues not included in the presentation, such as employee wage increases. Van Milligen confirmed that $14.31 is the maximum property tax rate the city could request under state -established limitations. City Council Members voiced concerns about state -mandated tax rate notifications, noting that Dubuque properties were not reassessed last year and therefore were not applicable to the assumed 10% property valuation increase by the Iowa Department of Management. Council Members expressed concerns that these state -issued notifications could lead to misinformation. When asked whether the city could mail a notification explaining the taxpayer statement mailer, Van Milligen estimated a cost of $10,000 for printing and mailing. Instead, the city plans to share information via its website and social media. Van Milligen also summarized the budgeting process, emphasizing the need to balance City Council's goals and priorities while minimizing the financial burden on residents. Council Members supported the recommendation and voiced concerns about unprecedented federal -level processes affecting grant funding and their potential impact on the city. Motion carried 7-0. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 6.13 p.m. /s/Adrienne N. BreitFelder, CMC City Clerk Page 304 of 848 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on March 3, 2025, 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 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 PROCLAMATIONS The issuance of the first proclamation was temporarily paused due to an altercation between police and Austin Goodman outside the Council Chambers, during which police arrested Mr. Goodman. 1. Irish American Heritage Month (March 2025) was accepted by Jerry Feeney and Vicki Leonard on behalf of the Ancient Order of Hibernians Dubuque County Division #2 and the Lady Ancient Order of Hibernians Dubuque County Division #1. 2. Dubuque's Read Across America Week (March 2 - 8, 2025) was accepted by Beth McGorry on behalf of St. Mark Youth Enrichment. 3. AmeriCorps Week (March 9 - 15, 2025) was accepted by Green Iowa AmeriCorps Climate Action Activator Jessica Anderschau on behalf of the City of Dubuque AmeriCorps Program & Green Iowa AmeriCorps members. 4. Honeybee Day (March 26, 2025) was accepted by HR 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: City Council Proceedings of February 17, 2025; Community Development Advisory Commission of January 15, 2025; Historic Preservation Commission of January 16, 2025; Library Board of Trustees Update of January 23, 2025; Park and Recreation Commission of January 14, 2025; Proof of Publication for City Council Proceedings of February 3, 2025. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Samantha Duehr for vehicle damage; Alan Feldmann for personal injury; Madeline and Paul Haverland 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: Gerald Breitbach for Page 305 of 848 vehicle damage; Samantha Duehr for vehicle damage; Alan Feldmann for personal injury; Madeline and Paul Haverland for vehicle damage; Robert Hochrein 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. 71-25 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. Maturity Extensions of Sewer Revenue Capital Loan Notes (Interim Financing) State Revolving Fund Planning and Design Loans: Upon motion the documents were received and filed, and Resolution No. 72-25 Extending the maturity date of the City's Sewer Revenue Capital Loan Notes Anticipation Project Note, Series 2021 was adopted. 6. Amended and Restated Policies and Procedures Regarding Municipal Securities Disclosure: Upon motion the documents were received and filed, and Resolution No. 73-25 Authorizing Adoption of Amended and Restated Policies and Procedures Regarding Municipal Securities Disclosure was adopted. 7. Hy-Vee, Inc. 2023 Property Tax Appeal Stipulation of Settlement Approval Senior Counsel recommended approval of the Stipulation of Settlement for a 2023 property tax appeal filed by Hy-Vee, Inc. for their property located at Parcel No. 1017476005. Upon motion the documents were received, filed, and approved. 8. Bee Branch Creek Trail Project — Phase 1 Project: Upon motion the documents were received and filed, and Resolution No. 74-25 Accepting The Bee Branch Creek Trail Project — Phase 1 - Iowa DOT Project TAP-U-2100-697-81-31 And Authorizing The Payment Of The Contract Amount To The Contractor was adopted. 9. Historic Preservation Commission (HPC) Certified Local Government (CLG) Annual Report for 2024 and HPC Annual Work Plan for 2025: Upon motion the documents were received, filed, and approved. 10. March/April 2025 City News Newsletter: Upon motion the documents were received and filed. 11. Partners for Places Grant - Community Foundation of Greater Dubuque Partnership: City Attorney recommended City Council approval to submit a letter of support to Partners for Places regarding a City partnership with the Community Foundation of Greater and Dubuque Energy District on a project called "Community Action for Energy -Efficient and Sustainable Living." Upon motion the documents were received, filed, and approved. 12. First Amendment to Development Agreement by and between the City of Dubuque and Limestone Legacy LLC: Upon motion the documents were received and filed, and Resolution No. 75- 25 Approving The First Amendment To Development Agreement By And Between The City Of Dubuque, Iowa And Limestone Legacy LLC was adopted. 13. Signed Contract(s): Farm 6941 (Chavenelle Road) Lease; Farm 6960 (Humke Road) Lease; FDR Farm Lease; North English Road Farm Lease; Termination Agreement with Hawks Goodmann & Associates, replaced by Independent Contractor Agreement with THG Consultants (Teri Hawks Goodmann). Upon motion the documents were received and filed. 2 Page 306 of 848 14. Improvement Contracts / Performance, Payment, and Maintenance Bonds: Portzen Construction, Inc. for the Dubuque Gate & Pump Station Flood Mitigation (16th St. Detention Basin) Project. Upon motion the documents were received, filed, and approved. 15. Equitable Community Grant Award Recommendation: Upon motion the documents were received and filed, and Resolution No. 76-25 Awarding Equitable Community Grant To Dubuque Visiting Nurse Association and Resolution No. 77-25 Awarding Equitable Community Grant To Afriwell Hub, Inc were adopted. 16. Federal Transit Administration - Opinion of Counsel: City Attorney recommended City Council adopt the resolution authorizing the City of Dubuque to apply for Federal Transit Administration (FTA) funding and that the City Attorney be authorized to send the opinion letter to the FTA. Upon motion the documents were received and filed, and Resolution No. 78-25 Authorizing The Filing Of Applications With The Federal Transit Administration, An Operating Administration Of The United States Department Of Transportation, For Federal Transportation Assistance Authorized By 49 U.S.C. Chapter 53, Title 23 United States Code, And Other Federal Statutes Administered By The Federal Transit Administration 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. Setting Public Hearing for a Proposed Development Agreement between the City of Dubuque, Iowa and Gronen Development, Inc.: Upon motion the documents were received and filed and Resolution No. 79-25 Intent To Dispose Of An Interest In City Of Dubuque Real Estate By Sale To Gronen Development, Inc. Pursuant To A Development Agreement By And Between The City Of Dubuque And Gronen Development, Inc. And Fixing The Date For A Public Hearing Of The City Council Of The City Of Dubuque, Iowa On The Development Agreement Including The Proposed Issuance Of Urban Renewal Tax Increment Revenue Grant Obligations To Gronen Development, Inc. 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 March 17, 2025 in the Historic Federal Building. 2. Heeb Street Reconstruction Project - Initiate Public Bidding Process and Set Date for Public Hearing: Upon motion the documents were received and filed and Resolution No. 80-25 Heeb Street Reconstruction 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 April 7, 2025 in the Historic Federal Building. 3. Heeb Street Reconstruction Project - Special Assessments and Set Date for Public Hearing: Upon motion the documents were received and filed and Resolution No. 81-25 Approving The Preliminary Plats, Schedule Of Assessments And Estimate Of Total Cost For The Heeb Street Reconstruction Project; Resolution No. 82-25 Of Necessity For The Heeb Street Reconstruction Project; and Resolution No. 83-25 Fixing Date Of Public Hearing On Resolution Of Necessity were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on April 7, 2025 in the Historic Federal Building. 3 Page 307 of 848 BOARDS/COMMISSIONS Appointments were made to the following boards/commissions. 1. Catfish Creek Watershed Management Authority: One, 4-Year term through July 16, 2028 (Vacant term of Drahozal). Applicant: Rachel Boeke, 1241 Jackson St. Motion by Jones to appoint Boeke to the term. Seconded by Resnick. Motion carried 7-0. 2. Civic Center Advisory Commission: One, 3-Year term through June 29, 2027 (Vacant term of Jacobs); Two, 3-Year terms through June 29, 2025 (Vacant term of Bakke and Christner). Applicants: Colleen Myers, 65 North Booth St. (Additional Application); Ashley Regan, 1100 N Booth St.; Alan Schumacher, 3035 Burlington St.; Sara Tandy, 2307 Martin Dr. Upon roll call vote, Schumacher was appointed to the term through 2027 and Meyers and Tandy were appointed to the terms through 2025. Schumacher received 3 votes (Sprank, Cavanagh, and Jones) for the 2027 term, with Meyers receiving 2 votes (Farber and Wethal) and Tandy receiving the remaining 2 votes. During the vote on the first 2025 term, Meyers received one vote (Farber), and Tandy received the remaining 6 votes. During the vote on the second 2025 term, Regan received one vote (Jones), and Meyers received the remaining 6 votes. 3. Historic Preservation Commission: One, 3-Year Langworthy District term through July 1, 2026 (Vacant term of Dement); One, interim term due to vacancies of the Old Main District and Cathedral District terms. Applicants: Jon Clinngman, 195 Alpine St. (Additional Application) (Qualifies for Langworthy District and Interim); Cole Hanson, 408 Burch St. (Qualifies for Interim); Sandy Hockenberry, 1015 West 3rd St. (Qualifies for Interim); Cory Ruzicka, 1075 West 3rd St. (Additional Application) (Qualifies for Langworthy District and Interim); Adam Schwendinger, 570 West 11fh St. (Qualifies for Interim); Chad Witthoeft, 430 Alpine (Additional Application) (Qualifies for Langworthy District and Interim). Upon roll call vote, Witthoeft was appointed to the Langworthy District term and Schwendinger was appointed to the Interim term. Clinngman received 2 votes (Sprank and Roussell), Ruzicka received one vote (Jones) and Witthoeft received the remaining 4 votes for the Langworthy District term. Hockenberry received 3 votes (Cavanagh, Roussell, and Wethal) for the Interim term and Schwendinger received the remaining 4 votes. PUBLIC HEARINGS 1. Resolution Approving a Proposed Development Agreement by and among the City of Dubuque, Iowa, FEH Realty, L.L.C., and FEH Associates, Inc.: Motion by Sprank to receive and file the documents and adopt Resolution No. 84-25 Approving A Development Agreement By And Among The City Of Dubuque, Iowa, FEH Realty, L.L.C., And FEH Associates, Inc., Including The Issuance Of Urban Renewal Tax Increment Revenue Obligations. Seconded by Wethal. City Council Members voiced support for revitalizing an aging building in need of repairs. Motion carried 7-0. 2. Approving a Proposed Development Agreement between the City of Dubuque, Iowa and Dubuque Racing Association (DRA), Ltd.: Motion by Resnick to receive and file the documents and adopt Resolution No. 85-25 Approving A Development Agreement By And Between The City Of Dubuque, Iowa And Dubuque Racing Association, Ltd., Including The Issuance Of Urban Renewal Tax Increment Revenue Obligations. Seconded by Jones. Cavanagh stated that Van Milligen, Sprank, Jones, and himself serve on the DRA board and abstained from voting on this item at the board meeting. In response to a question, Van Milligen confirmed that hotel projects do not receive state or federal funds and that this project was funded with a $4 million loan from Dubuque Initiatives. Motion carried 7-0. 0 Page 308 of 848 3. Second Amendment to the Dubuque Racing Association Lease: Motion by Roussell to receive and file the documents and adopt Resolution No. 86-25 Disposing Of An Interest In Real Property Through A Second Amendment To The Existing Lease Agreement With Dubuque Racing Association, Ltd. Seconded by Sprank. Brumwell summarized the ongoing meetings with various internal and external stakeholders for this process. Van Milligen stated that the lease amendment carries minimal risk, given the DRA's 40-year track record of success. Motion carried 7-0. 4. Public Hearing for Bunker Hill Foundation Repair Project: Motion by Farber to receive and file the documents and adopt Resolution No. 87-25 Approval Of Plans, Specifications, And Estimated Cost For The Bunker Hill Foundation Repair Project. Seconded by Wethal. Parks and Recreation Director Marie Ware confirmed that the main impact during the project will be requiring people to temporarily enter the building from a different area due to excavation at the front. Motion carried 7-0. ACTION ITEMS 1. ImOn Ice Arena Dehumidification System Upgrade Project - Award Public Improvement Project: Motion by Jones to receive and file the documents and adopt Resolution No. 88-25 Awarding Public Improvement Contract For The ImOn Ice Arena Dehumidification System Upgrade Project. Seconded by Sprank. Motion carried 7-0. 2. Southgate Drive Sanitary Sewer Improvements Project - Award Public Improvement Contract: Motion by Wethal to receive and file the documents and adopt Resolution No. 89-25 Awarding Public Improvement Contract For The Southgate Drive Sanitary Sewer Improvement Project. Seconded by Jones. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Jones reported on the Dubuque Metropolitan Area Solid Waste Agency Board's uncertainty regarding a previously awarded federal grant for the customer convenience center project. Jones also reported on the Dubuque Area Chamber of Commerce's Ribbon Cutting Ceremony for Elite Organix, a recent DRA board meeting, a recent City Assessor's Conference Committee, the United Labor Participation Dinner meeting, and the recent passings of Former Dubuque Fire Chief Dan Brown and Former Firefighter Michael Gabriel. Council Member Farber also reported on attending the United Labor Participation Dinner meeting. Council Member Sprank also reported on the DRA board meeting, the United Labor Participation Dinner meeting, in addition to sharing that he attended the last City Council meeting virtually due to being out of town, attending the Point Neighborhood Association meeting, and transporting area mobile home residents to Des Moines so they can lobby to their state legislators. Mayor Cavanagh reported on meetings with state legislators in Des Moines and the recent Air Service Forum. CLOSED SESSION Motion by Jones to convene in closed session at 7:37 p.m. to discuss Pending Litigation and Purchase or Sale of Real Estate — Chapter 21.5(1)(c),Q) Code of Iowa. Seconded by Resnick. 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 8:28 p.m. stating that staff had been given proper direction. 5 Page 309 of 848 ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 8:28 p.m. /s/Adrienne N. Breitfelder, CMC City Clerk 1 t 3/12 Page 310 of 848