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1 16 24 City Council Proceedings Official Special and Regular1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on January 16, 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, Senior Counsel Lindahl. 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 Carnegie Stout Public Library’s Space Needs Assessment. WORK SESSION Carnegie-Stout Public Library Space Needs Assessment Carnegie-Stout Public Library Director Nick Rossman; FEH Design Principal Christy Monk; and FEH Design Principal in Charge Kevin Eipperle made a presentation on the Carnegie-Stout Public Library Space Needs Assessment. The presenters responded to questions from the City Council regarding proposed staff office locations and the potential phases of the library’s redesign. City Council Members provided input on the current structure and location of the library and summarized their annual goal setting process to establish priorities. There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:28 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on January 16, 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, Senior Counsel Lindahl. 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. RAM Female Student-Athletes Golden Jubilee Celebration (January 26-27, 2024) was accepted by Council Member Farber and Stephanie Valentine on behalf of Dubuque Senior High School Female Student-Athletes. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Farber. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of December 29, 2023 and January 3, 2024; Arts and Cultural Affairs Commission of November 28, 2023; Zoning Advisory Commission of January 4, 2024; Proof of publication for City Council Proceed- ings of December 4, 2023 and December 18, 2023. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Mike Muench for property 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 As- surance Pool: Mike Muench for property damage. Upon motion the documents were re- ceived, filed, and concurred. 4. Approval of City Expenditures: Upon motion the documents were received and filed, and Resolution No. 6-24 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. 3 RESOLUTION NO. 6-24 AUTHORIZING THE CHIEF FINANCIAL OFFICER / CITY TREASURER TO MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAY- MENT IN ACCORDANCE WITH CITY PROCEDURES Whereas, Section 1-7-7(E) of the Municipal Code of the City of Dubuque provides that the Finance Director-City Treasurer shall keep an accurate account of all disbursements, money, or property, specifying date, to whom, and from what fund paid; and Whereas, the invoices, presented by those firms and persons providing such goods and services have been pre-audited by Finance Department personnel in accordance with generally accepted internal control procedures and have been determined to have been requisitioned for a lawful municipal purpose; and Whereas, the Chief Financial Officer-City Treasurer has provided a list of Expenditures attached hereto, and by this reference made a part hereof, to be drawn to pay for goods and services provided for City purposes; and Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142 - 18 adopted May 7, 2018, authorized the Chief Financial Officer -City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to Cit y Council approval and such list is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Chief Financial Officer-City Treasurer is hereby authorized to issue payment for goods and services provided for City purposes in response to the purchase orders and contracts issued in compliance with state and municipal code requirements as requested by designated requisitioning authorities in accordance with approved budget appropriations. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Chief Financial Officer are hereby authorized and directed to provide the statement of receipts and disbursements to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 16th day of January 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Five Flags Pyrotechnic Permit Request: City Manager recommended City Council approval of a Pyrotechnic Permit Application submitted by the Five Flags Center for a pyrotechnics display on February 3, 2024, during the Pork Tornados performance. Upon motion the documents were received, filed, and approved. 6. Curbside Set-Out Reminders Brochure: Upon motion the documents were received and filed. 7. Water Resource & Recovery Center Maintenance Support Position Request : City Manager recommended City Council approval to add a non-exempt (hourly), part-time (0.25 FTE), maintenance supervisor position within the Water & Resource Recovery Cen- ter Department to assist with identifying and prioritizing maintenance needs at the Water & Resource Recovery Center (WRRC) and the twenty-eight (28) sanitary sewer lift stations throughout the city. Upon motion the documents were received, filed, and ap- proved. 8. Request for Proposals for the Kerper Blvd Lift Station Project : Upon motion the doc- uments were received, filed, and approved. 9. Iowa Finance Authority (IFA) Housing Trust Fund Award: Upon motion the docu- ments were received and filed, and Resolution No. 7 -24 Authorizing the Housing and Community Development Director and the City Manager to Approve the Award of Local Housing Trust Funds from the Iowa Finance Authority was adopted. RESOLUTION NO. 7 - 24 AUTHORIZING THE HOUSING AND COMMUNITY DEVELOPMENT DIRECTOR AND THE CITY MANAGER TO APPROVE THE AWARD OF LOCAL HOUSING TRUST FUNDS FROM THE IOWA FINANCE AUTHORITY Whereas, the City of Dubuque administers a Local Housing Trust Fund; and Whereas, the City of Dubuque proposes to continue administering the Local Housing Trust Fund and accept the award of funds from the Iowa Finance Authority for Local Housing Trust Fund for their Fiscal Year 2024. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Section 1. That the Housing and Community Development Director and the City Man- ager are hereby authorized to accept the award of Local Housing Trust Funds from the Iowa Finance Authority. Section 2. That the Housing and Community Development Director is hereby author- ized and directed to accept and submit the standard executed contract to the respective agencies in a timely fashion and as required by the Iowa Finance Authority. Passed, approved and adopted this 16th day of January 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 10. Iowa Department of Health and Human Services (HHS) Childhood Lead Poisoning and Healthy Homes Funding and Agreement with the Visiting Nurse Association (VNA) and the Dubuque County Board of Health: Upon motion the documents were received, filed, and approved. 11. Plat of Survey of Humke Place: Upon motion the documents were received and filed, and Resolution No. 8-24 Approving the Plat of Survey for Humke Place in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 8 - 24 APPROVING THE PLAT OF SURVEY FOR HUMKE PLACE IN THE CITY OF DUBU- QUE, IOWA Whereas, there has been filed with the City Clerk a Plat of Survey Humke Place in the City of Dubuque, Iowa; and Whereas, said Plat of Survey has been examined by the Zoning Advisory Commission 5 and its approval has been endorsed thereon; and Whereas, said Plat of Survey has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 11-14 of Title 16 of City of Dubuque Code of Ordinances, Uni- fied Development Code, is waived to allow 0 feet of frontage on a public street or an approved private street for Lot 2 of Plat of Survey of Humke Place. Section 2. That the Plat of Survey for Humke Place is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Plat of Survey. Passed, approved and adopted this 16th day of January 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 12. Pre-Annexation Agreement – Janet Siegert, 13828 Old Highway Road in Dubuque County, Iowa: Upon motion the documents were received and filed, and Resolution No. 9-24 Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and Janet Siegert was adopted. RESOLUTION NO. 9-24 APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU- QUE, IOWA AND JANET SIEGERT Whereas, Janet Siegert, the owner of the following described property located at 13828 Old Highway Rd in Dubuque County, Iowa (the Property) has submitted to the City Coun- cil of the city of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: Lot 2 of Siegert’s 2nd Place in Dubuque County, Iowa according to the recorded plat thereof; and Whereas, Janet Siegert has entered into a Pre-annexation Agreement with the City of Dubuque, a copy of which is attached hereto governing the future annexation of the Prop- erty; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future orderly growth and development of the City of Dubuque, and will promote efficient and cost-effective extension of municipal services; and Whereas, the City Council finds that the annexation of the Property is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Pre-annexation Agreement by and between Janet Siegert and the City of Dubuque is hereby approved. Passed, approved and adopted this 16th day of January 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 13. Pre-Annexation Agreement – State of Iowa Department of Transportation, 9762 O’Rourke Drive: Upon motion the documents were received and filed, and Resolution No. 10-24 Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and the Iowa Department of Transportation was adopted. RESOLUTION NO. 10-24 APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU- QUE, IOWA AND THE STATE OF IOWA DEPARTMENT OF TRANSPORTATION Whereas, State of Iowa Department of Transportation (IDOT), the owner of the follow- ing described property located at 9762 O’Rourke Drive in Dubuque County, Iowa (the Property) has submitted to the City Council of the city of Dubuque an application for vol- untary annexation of the Property to the City of Dubuque: Lot 2 of O’Rourke Farms Addition, in Section 13, Township 88 North, Range 2 East of the 5th P.M., in Dubuque County, Iowa according to the recorded plat thereof ; and Whereas, IDOT has entered into a Pre-annexation Agreement with the City of Dubu- que, a copy of which is attached hereto governing the future annexation of the Property; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does include any state property; and Whereas, the Property does not include any railroad property; and Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future orderly growth and development of the City of Dubuque, and will promote efficient and cost-effective extension of municipal services; and Whereas, the City Council finds that the annexation of the Property is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Pre-annexation Agreement by and between Iowa Department of Trans- portation and the City of Dubuque is hereby approved. Passed, approved and adopted this 16th day of January 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 14. Acceptance of Grant of Easement for Water Main Utility from IADU Table Mound MHP, LLC, in Dubuque County, as Part of the Table Mound System Project (Water Sys- tem in Kerrigan Heights Section): Upon motion the documents were received and filed, and Resolution No. 11-24 Accepting a Grant of Easement for Water Main Utility Across Part of Lot 2 of Lot 13 in Kerrigan Road Heights in Table Mound Township, Dubuque 7 County Iowa was adopted. RESOLUTION NO. 11 -24 ACCEPTING A GRANT OF EASEMENT FOR WATER MAIN UTILITY ACROSS PART OF LOT 2 OF LOT 13 IN KERRIGAN ROAD HEIGHTS IN TABLE MOUND TOWNSHIP, DUBUQUE COUNTY IOWA Whereas, IADU TABLE MOUND MHP, LLC, is the owner of Lot 2 of Lot 13 in Kerrigan Road Heights in Table Mound Township, Dubuque County Iowa; and Whereas, IADU TABLE MOUND MHP, LLC has executed a Grant of Easement for Water Main Utility across Part of Lot 2 of Lot 13 in Kerrigan Road Heights in Table Mound Township, Dubuque County Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grant of Easement for Water Main Utility, across the property as listed above, in the County of Dubuque, Iowa from the property owner listed above, a copy of which is attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution with said Grant of Easement for Water Main Utility in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 16th day of January 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 15. Approval of Retail Alcohol Licenses: Upon motion the documents were received and filed, and Resolution No. 12-24 Approving applications for retail alcohol licenses, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regula- tions, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 12-24 APPROVING APPLICATIONS FOR RETAIL ALCOHOL LICENSES, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQUOR, BEER AND WINE LICENSES AND PERMITS W hereas, applications for retail alcohol licenses have been submitted and filed with the City Council for approval, and the same have been examined, provisionally approved, and/or approved; and W hereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City, and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOW A THAT: Section 1. The City Clerk is hereby authorized and directed to cause to be issued at the noted premise address to the following applicants pending submission of the locally required documentation: New Applications 7 Hills Brewing Co. LLC 333 East 10th St. Renewals Dubuque Religious Center, Inc. 923 Main St. El Paisano 1543 Central Ave. Fuji Asian Buffet Suite 128, 806 Wacker Dr. Mario's Italian Restaurant And Lounge 1298 Main St. RMN Lounge L.L.C. 481 Locust St. Steeple Square 101 East 15th St Steve's Ace Home & Garden 3350 John F. Kennedy Rd. New Applications Provisional Issuances Downtown Gas and Grocery 1401 Central Ave. Passed, approved, and adopted this 16th day of January 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 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. Amended and Restated Urban Renewal Plan for Dubuque Industrial Center Urban Renewal Area, Version 2024.1: Upon motion the documents were received and filed and Resolution No. 13-24 Authorizing and Directing the City Manager to prepare an Amended and Restated Urban Renewal Plan Version 2024.1 for the Dubuque Industrial Center Economic Development District, setting a date for the Public Hearing, and directing the consultation process on the proposed Amended and Restated Urban Renewal Plan Ver- sion 2024.1 for said district was adopted setting a public hearing for a meeting to com- mence at 6:30 p.m. on February 19, 2024 in the Historic Federal Building. RESOLUTION NO. 13-24 AUTHORIZING AND DIRECTING THE CITY MANAGER TO PREPARE AN AMENDED AND RESTATED URBAN RENEWAL PLAN VERSION 2024.1 FOR THE DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT, SETTING A DATE FOR THE PUBLIC HEARING, AND DIRECTING THE CONSULTATION PROCESS ON THE PROPOSED AMENDED AND RESTATED URBAN RENEWAL PLAN VERSION 2024.1 FOR SAID DISTRICT Whereas, the City Council of the City of Dubuque has heretofore approved the Amended and Restated Urban Renewal Plan (the “Plan” or “Urban Renewal Plan”) for the Dubuque Industrial Center Economic Development District (the “District”) in order to provide redevelopment opportunities which will further the purposes and objectives of the foregoing Urban Renewal Plan; and 9 Whereas, City staff has recommended that the Plan be further amended to expand the District to include additional property to be designated as a new Subarea U, for the Dubu- que Industrial Center Economic Development District; and Whereas, Iowa Code Chapter 403 requires that before a Plan may be modified, the City Council must follow the notification, consultation, and public hearing process set forth therein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager is authorized and directed to prepare an Amended and Restated Urban Renewal Plan Version 2024.1 for the Dubuque Industrial Center Economic Development District to include in such Plan any appropriate project activities and details, and to determine an appropriate date for and conduct the consultation pro- cess required by law with affected taxing entities concerning the proposed amendment. Section 2. That the City Council hold a public hearing on the adoption of the proposed Amended and Restated Urban Renewal Plan Version 2024.1 for the Dubuque Industrial Center Economic Development District on February 19, 2024, at 6:30 p.m. in the form attached hereto. The notice of said hearing shall generally identify the areas covered by the Plan Version 2024.1 and the general scope of the urban renewal activities planned for such areas and said notice shall be published in a newspaper having general circula- tion within the City not less than four days nor more than twenty days before the date of said meeting. A copy of the notice of public hearing shall be sent by ordinary mail to the affected taxing entities. Section 3. That the Economic Development Department is further directed to send by ordinary mail a copy of said Plan Version 2024.1, the notice of public hearing, a notice of consultation, and, to the extent the Plan Version 2024.1 includes the use of tax increment revenues for a public building, an analysis of alternative development and funding options for such public buildings, to the Dubuque Community School District and the Dubuque County Board of Supervisors, as the affected taxing entities. Passed, Approved and Adopted this 16th day of January 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Resolution of Necessity for the Amendment of the Dubuque Industrial Center Eco- nomic Development District Urban Renewal Plan, Version 2024.2 : Upon motion the doc- uments were received and filed and Resolution No. 14-24 Authorizing and Directing the City Manager to prepare an Amended and Restated Urban Renewal Plan Version 2024.2 for the Dubuque Industrial Center Economic Development District, se tting a date for the Public Hearing, and directing the consultation process on the proposed Amended and Restated Urban Renewal Plan Version 2024.2 for said district was adopted setting a pub- lic hearing for a meeting to commence at 6:30 p.m. on February 19, 2024 in the Historic Federal Building. RESOLUTION NO. 14-24 AUTHORIZING AND DIRECTING THE CITY MANAGER TO PREPARE AN AMENDED AND RESTATED URBAN RENEWAL PLAN VERSION 2024.2 FOR THE DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT, SETTING A DATE FOR THE PUBLIC HEARING, AND DIRECTING THE CONSULTATION PROCESS ON THE PROPOSED AMENDED AND RESTATED URBAN RENEWAL PLAN VERSION 2024.2 FOR SAID DISTRICT Whereas, the City Council of the City of Dubuque has heretofore approved the Amended and Restated Urban Renewal Plan (the “Plan” or “Urban Renewal Plan”) for the Dubuque Industrial Center Economic Development District (the “District”) in order to provide redevelopment opportunities which will further the purposes and objectives of the foregoing Urban Renewal Plan; and Whereas, City staff has recommended that the Plan be further amended to expand the District to include additional property to be designated as a new Subarea V, for the Dubu- que Industrial Center Economic Development District; and Whereas, Iowa Code Chapter 403 requires that before a Plan may be modified, the City Council must follow the notification, consultation, and public hearing process set forth therein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager is authorized and directed to prepare an Amended and Restated Urban Renewal Plan Version 2024.2 for the Dubuque Industrial Center Economic Development District to include in such Plan any appropriate project activities and details, and to determine an appropriate date for and conduct the consultation pro- cess required by law with affected taxing entities concerning the proposed amendment. Section 2. That the City Council hold a public hearing on the adoption of the proposed Amended and Restated Urban Renewal Plan Version 2024.2 for the Dubuque Industrial Center Economic Development District on February 19, 2024, at 6:30 p.m. in the form attached hereto. The notice of said hearing shall generally identify the areas covered by the Plan Version 2024.2 and the general scope of the urban renewal activities planned for such areas and said notice shall be published in a newspaper having general circula- tion within the City not less than four days nor more than twenty days before the date of said meeting. A copy of the notice of public hearing shall be sent by ordinary mail to the affected taxing entities. Section 3. That the Economic Development Department is further directed to send by ordinary mail a copy of said Plan Version 2024.2, the notice of public hearing, a notice of consultation, and, to the extent the Plan Version 2024.2 includes the use of tax increment revenues for a public building, an analysis of alternative development and funding options for such public buildings, to the Dubuque Community School District and the Dubuque County Board of Supervisors, as the affected taxing entities. Passed, approved and adopted this 16th day of January 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk BOARDS/COMMISSIONS Appointments were made to the following boards/commissions. City Clerk Breitfelder announced that Building Code Advisory and Appeals Board applicant Phillip Heim and Housing Appeals and Mediation Board applicant Wendy Hopp were pulled from consid- eration for appointment due to ineligibility for service. 11 1. Building Code Advisory and Appeals Board : Three, 3-Year Terms through January 1, 2027 (Expiring Terms of Brown for Alternate Electrical Construction Professional, Townsend for Electrical Construction Professional, Valaskey for HVAC Construction Pro- fessional). Applicants: Adam Brown, 686 S. Grandview Ave. (Qualifies for Electrical Con- struction Professional and Alternate Electrical Construction Professional); Thomas Town- send, 1940 Amelia Dr. (Qualifies for Electrical Construction Professional and Alternate Electrical Construction Professional); Corey Valaskey, 1385 Alta Vista St. (Qualifies for HVAC Construction Professional and Alternate HVAC Construction Professional). Motion by Roussell to appoint Mr. Townsend to the Electrical Construction Professional three-year term through January 1, 2027. Seconded by Jones. Motion carried 7 -0. Motion by Jones to appoint Mr. Brown to the Alternate Electrical Construction Profes- sional three-year term through January 1, 2027. Seconded by Sprank. Motion carried 7 - 0. Motion by Jones to appoint Mr. Valaskey to the HVAC Construction Professional three - year term through January 1, 2027. Seconded by Wethal. Motion carried 7 -0. 2. Equity and Human Rights Commission: One, 3-Year Term through January 1, 2027 (Expiring Term of Sampson Brown). Applicants: Rick Baumhover, 601 Garfield Ave.; Da- vid Heiar, 805 Carriage Hill Dr.; Theresa Sampson Brown, 2285 Clydesdale Ct. This com- mission is subject to the State of Iowa Gender Balance Law §69.16A. 9 Commissioners total; currently 4 males/2 females/3 openings. Two openings on the commission are being advertised for 90 days while nonmale identifying applicants are sought in adherence with Iowa Code 69.16A Gender Balance. Mayor Cavanagh reminded the City Council that this commission has a gender balance requirement. Upon roll call vote, Ms. Sampson Brown was appointed to the three-year term through January 1, 2027. Ms. Sampson Brown received all 7 votes. 3. Housing Appeals and Mediation Board: Three, 3-Year Terms through January 1, 2027 (Expiring Terms of Gotz, Hoffmann, and Sutton). Applicants: Mary Gotz, 1844 Ben- nett St.; Luke Hoffmann, 991 June Dr.; Lynn Sutton, 445 Nevada St. Motion by Jones to appoint Ms. Gotz, Mr. Hoffmann, and Ms. Sutton to the 3 three - year terms through January 1, 2027. Seconded by Farber. Motion carried 7 -0. PUBLIC HEARINGS 1. Unified Development Code Amendment Regarding Mini-Warehouse: Motion by Jones to receive and file the documents and that the requirement that a proposed ordi- nance be considered and voted on for passage at two Council meetings prior to the meet- ing at which it is to be passed be suspended. Seconded by Resnick. Associate Planner Shena Moon provided a staff report. City Council Members expressed support for the amendment. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 1-24 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, By Amending Articles 16-5-14 C-4 Downtown Commercial and 16-5-15 C- 5 Central Busi- ness, by adding Mini-Warehouse below the first floor only to the list of permitted uses. Seconded by Resnick. Motion carried 7-0. ORDINANCE NO. 1 -24 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY AMENDING ARTICLES 16-5-14 C-4 DOWNTOWN COMMERCIAL AND 16-5-15 C-5 CENTRAL BUSINESS, BY ADDING MINI-WARE- HOUSE BELOW THE FIRST FLOOR ONLY TO THE LIST OF PERMITTED USES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Develop- ment Code Chapters 16-5-14 (C-4) and 16-5-15 (C-5) are hereby amended as follows: 16-5-14-1 Principal Permitted Uses: Mini-warehouse below the first floor only 16-5-15-1 Principal Permitted Uses: Mini-warehouse below the first floor only Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Ad- visory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 16th day of January 2024. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 2. Proceedings for Public Hearing on the Issuance of Not to Exceed $3,200,000, State Revolving Fund Sewer Revenue Loan: Motion by Roussell to receive and file the docu- ments and adopt Resolution No. 15-24 Taking Additional Action on Proposal to Enter into a Sewer Revenue Loan and Disbursement Agreement. Seconded by Wethal. The City Council indicated that this was a great opportunity to take advantage of low interest rates. Motion carried 7-0. RESOLUTION NO. 15-24 TAKING ADDITIONAL ACTION ON PROPOSAL TO ENTER INTO A SEWER REVE- NUE LOAN AND DISBURSEMENT AGREEMENT Whereas, the City of Dubuque (the “City”), in Dubuque County, State of Iowa, did here- tofore establish a Municipal Sanitary Sewer System (the “Utility”) in and for the City which has continuously supplied sanitary sewer service in and to the City and its inhabitan ts since its establishment; and Whereas, the management and control of the Utility are vested in the City Council (the “Council”) and no board of trustees exists for this purpose; and Whereas, pursuant to prior resolutions of the Council, the City has heretofore issued sewer revenue bonds or notes as set forth in prior proceedings of the Council, and a portion of such prior sewer revenue debt remains outstanding (the “Outstanding Indebt- edness”); and Whereas, pursuant to the resolutions relating to and authorizing the Outstanding In- debtedness (the “Outstanding Bond Resolutions”) the City reserved the right to issue ad- ditional obligations payable from the net revenues of the Utility and ranking on a parity with the Outstanding Indebtedness under the terms and conditions set forth in the Out- standing Bond Resolutions; and 13 Whereas, the City has heretofore proposed to contract indebtedness and enter into a certain Sewer Revenue Loan and Disbursement Agreement (the “Agreement”) and to borrow money thereunder in a principal amount not to exceed $3,200,000, pursuant to the provisions of Section 384.24A of the Code of Iowa, for the purpose of paying the cost, to that extent, of planning, designing and constructing improvements and extensions to the Utility, and has published notice of the proposed action and has held a hearing the reon on January 16, 2024. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The City Council hereby determines to enter into the Agreement in the future and orders that Sewer Revenue Bonds be issued at such time in evidence thereof. The City Council further declares that this resolution constitutes the “additional action” re- quired by Section 384.24A of the Code of Iowa. Section 2. All resolutions or parts thereof in conflict herewith are hereby repealed, to the extent of such conflict. Section 3. This resolution shall be in full force and effect immediately upon its adoption and approval, as provided by law. Passed and approved January 16, 2024. ACTION ITEMS 1. City Assessor Assessed and Taxable Valuations Presentation: Motion by Roussell to receive and file the documents and listen to the presentation. Seconded by Sprank. City Assessor Troy Patzner made a presentation on 2023 assessed and taxable valua- tions and responded to questions from the City Council. City Manager Van Milligen sum- marized the city’s property tax rate for the current fiscal year in comparison to other Iowa cities. Motion carried 7-0. 2. Water & Resource Recovery Center Odor Abatement Efforts Update : Motion by Jones to receive and file the documents and listen to the presentation. Seconded by Far- ber. Water & Resource Recovery Center Director Deron Muehring made a presentation on odor abatement efforts. City Council Members emphasized the importance o f adding updates to the city’s website and agreed to refer residents to the website for information. The City Council requested an update at a March 2024 City Council meeting. Responding to question from the City Council, Mr. Muehring stated that the city’s website could be updated with actions taken on abatement and that all options for abatement could be considered to determine what is most effective. Mr. Muehring further stated that executing certain abatement efforts will depend on the contractor’s schedule. Motion carried 7 -0. 3. Dubuque Brewing and Malting Building Update - 3000 Jackson: Motion by Sprank to receive and file the documents and listen to the presentation. Seconded by Wethal. Housing and Community Development Director Alexis Steger provided a status update on the Dubuque Brewing and Malting project at 3000 Jackson Street . Ms. Steger stated that the developer applied for a demolition permit for 3000 Jackson St. and that asbestos abating will occur first as a prerequisite to demolition. Ms. Steger stated that 3000 Jack- son St. starts at the archway on Jackson St. through 30th St., and that the remainder of the building is proposed to stay. Building owner Steve Emerson provided virtual input on his plan to demolish specific portions of the building and salvage what he can. Mr. Emer- son also referenced a request made via email for the city to provide $500,000 toward demolition of the structure. City Council Members emphasized that public safety is their main concern. While City Council Members expressed hesitation on providing funding toward demolition, they stated they could not take formal action on it because it was not a formal proposal on the agenda. Mr. Emerson stated that he could compile a clearer plan in the next few weeks to relay to the City Council. Motion carried 7-0. 4. Schmitt Island Management Agreement Between the City of Dubuque, Iowa and the Schmitt Island Development Corporation Approval: Motion by Jones to receive and file the documents and adopt Resolution No. 16-24 Approving the Schmitt Island Manage- ment Agreement between the City of Dubuque and the Schmitt Island Development Cor- poration. Seconded by Wethal. City Council Members commended the Dubuque Racing Association (DRA) for their management of the ImOn Arena and stated possible oppor- tunities for self-sustaining operations through hosting college hockey teams. Motion car- ried 7-0. RESOLUTION NO. 16-24 APPROVING THE SCHMITT ISLAND MANAGEMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE AND THE SCHMITT ISLAND DEVELOPMENT CORPORATION Whereas, the City is the owner of the real property and other assets situated on Chap- lain Schmitt Island located in the City of Dubuque, Iowa; and Whereas, the financial and operational success and maintenance of such property and assets is of the highest importance to the City of Dubuque; and Whereas, Schmitt Island Development Corporation is a nonprofit corporation formed to undertake or assist in the management, development and sponsorship of assets, pro- jects and activities directed to (i) the general betterment of Schmitt Island and (ii) the implementation of the Chaplain Schmitt Island Master Plan adopted by the City Council of Dubuque, Iowa; and Whereas, the City desires to engage Schmitt Island Development Corporation, and Schmitt Island Development Corporation desires to accept such engagement, to provide management and marketing services on the terms and conditions agreed; and Whereas, the City intends to work in mutual accord with Schmitt Island Development Corporation in order to ensure provision of high-quality management and marketing ser- vices, thereby enhancing the use and enjoyment of the Schmitt Island, while simultane- ously lessening the burden of government. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The City of Dubuque hereby consents to the Schmitt Island Management Agreement between the City and the Schmitt Island Development Corporation, which is attached hereto. Section 2. The Mayor is authorized and directed to execute the Schmitt Island Man- agement Agreement on behalf of the City of Dubuque. Passed, approved, and adopted this 16th day of January 2024. Brad M. Cavanagh, Mayor 15 Attest: Adrienne N. Breitfelder, City Clerk 5. "Creating an Equitable Community of Choice" Handout Update: Motion by Roussell to receive and file the documents and approve the updated "Creating an Equitable Com- munity of Choice" handout. Seconded by Wethal. City Manager Van Milligen summarized the handout. City Council Members commended the update. Motion carried 7-0. 6. Static Display of Engine 505 & Medic 554 : Motion by Jones to receive and file the documents. Seconded by Farber. Mayor Cavanagh read from the agenda that the Dubu- que Fire Department will have a static display of the new Engine 505 and Medic 554 prior to the council meeting on February 5, 2024, f rom 5:30 p.m. until 6:00 p.m. outside the Historic Federal Building to allow members of the community, city, and council to tour the new vehicles and ask questions. Motion carried 7 -0. 7. Request for Work Session: Secondary Responder Initiative: Motion by Roussell to receive and file the documents and schedule the work session for March 18, 2024, at 5:45 p.m. Seconded by Sprank. Motion carried 7 -0. 8. Public Works Response to Snow Event Videos: Motion by Farber to receive and file the documents and view the videos. Seconded by Wethal. Media Services staff showed two videos following the recent snow events. The videos were produced by Media Ser- vices staff in the Public Information Office and can be viewed at: https://youtu.be/Bu3ow_afWt4?si=hp3gzvA3SxtTE2FV and https://youtu.be/ucfwZpM7z24. City Council Members commended Public Works staff for their work during the snow events and reminded the public to u se caution around snow- plows. Motion carried 7-0. 9. 2023 City of Dubuque Year End Video: Motion by Resnick to receive and file the documents and view the video. Seconded by Wethal. Media Services showed a year -end reflection video. The video was produced by Media Services staff in the Public Information Office and can be viewed at: https://youtu.be/EcXxHL48XKk. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Roussell reported on speaking to students at the Alternative Learning Center. Council Member Jones also reported on speaking at the Alternative Learning Center as well as recently volunteering for Special Olympics. Council Member Resnick commended Council Member Jones for his decades of ser- vice to the Special Olympics. Mr. Resnick further reported on touring Dubuque Stamping & Manufacturing. Council Member Wethal reported on the recent passing of Perry High School Principal Dan Marburger after a recent shooting at the school in Perry, Iowa. CLOSED SESSION Motion by Jones to convene in closed session at 8:38 p.m. to discuss Purchase or Sale of Real Estate – Chapter 21.5(1)(j) Code of Iowa. Seconded by Roussell. Point of Order by Cavanagh that the suggested disposition also included Confidential Records – Chap- ter 21.5(1)(a) Code of Iowa. Motion amended by Jones to include discussion of Chapter 21.5(1)(a) and seconded by Roussell. 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 Senior Counsel Lindahl. Motion carried 7-0. The City Council reconvened in open session at 9:01 p.m. stating that staff had been given proper direction. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 9:01 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk