CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 6:00 p.m. on March 20, 2023, 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 (arrived at 6:02 p.m.), 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 the Dubuque Regional Bicycle & Pedestrian Plan. WORK SESSION DUBUQUE REGIONAL BICYCLE & PEDESTRIAN PLAN UPDATE Planning Services Manager Wally Wernimont introduced Laura Carstens and Dan Fox of the East Central Intergovernmental Association (ECIA). Ms. Carstens and Mr. Fox made a presentation on the status of the Dubuque Regional Bicycle and Pedestrian Plan. Due to limited time remaining in the work session, Mayor Cavanagh requested that the City Council contact the presenters with any questions. There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:29 p.m. /s/Adrienne N. Breitfelder, CMC City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on March 20, 2023, 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 PRESENTATION(S) 1. COVID-19 Update: Public Health Director Mary Rose Corrigan provided an update on the COVID-19 pandemic and response activities. City Council Members suggested that the COVID-19 update change to a public health report that occurs every other month during flu season based on the forthcoming elimination of COVID-19 mandatory reporting and termination of the COVID-19 public health declaration. 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: Building Code Advisory and Appeals Board of 1/5/23; City Council Proceedings of 2/27/23, 3/06/23, 03/07/23, 03/08/23 and 03/09/23; Resilient Community Advisory Commission of 3/2/23; Zoning Advisory Commission of 3/1/23; Zoning Board of Adjustment of 2/23/23. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Nicolas Hayes for vehicle damage; Jeff Lehman 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: Nicole Hayes for vehicle damage; Jeff Lehman 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. 67-23 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. U.S. Environmental Protection Agency Solid Waste Recycling Grant: Upon motion the documents were received, filed, and approved. 6. Letter of Opposition to Iowa Senate File 479: City Manager provided a copy of a letter to Iowa Representative Chuck Isenhart in opposition to Iowa Senate File 479, a bill for an act repealing energy conservation requirements for new construction. Upon motion the documents were received and filed. 7. Civil Service Commission – Certified Lists: Civil Service Commission submitted the certified lists for the positions of Police Officer and Fire Promotional ranks of Assistant Fire Chief, Assistant Fire Marshal, Fire Captain, EMS Supervisor, Fire Equipment Operator and Fire Lieutenant. Upon motion the documents were received, filed, and made a matter of record. 8. Exclusive 3-Year Soft Drink Provider Agreement for Leisure Services: City Manager recommended City Council approval of the 3-year Pepsi agreement with Lime Rock Springs as the exclusive soft drink provider for the Bunker Hill Golf Course, McAleece Concession, Flora and Sutton Pools concession, Veterans Memorial Park and the Port of Dubuque Marina. Upon motion the documents were received, filed, and approved. 9. Pre-Annexation Agreement Terrence L. and Barbara Bahl: Upon motion the documents were received and filed, and Resolution No. 68-23 Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and Terrence L. and Barbara Bahl was adopted. 10. Signed Contract(s): Experience Roofing for the Central Storage Rubber Roof Repair; Sustainable Strategies DC for professional strategic funding services. Upon motion the documents were received and filed. 11. Menard Inc. Property Tax Appeal Stipulation of Settlement Approval: Senior Counsel recommended approval of the stipulation of settlement for a property tax appeal filed by Menard Inc. for their property located at 5300 Westside Drive. Upon motion the documents were received, filed, and approved. 12. Canadian Pacific Railway Acquisition of Kansas City Southern Railroad & Pending Merger Update: Upon motion the documents were received and filed. 13. Purchase Agreement for Temporary Detour Easement Across Lot 1 in Riverview Plaza No. 4 as Part of the Kerper Boulevard and Kerper Court Intersection Improvements Project with HWY 151 & 61 Development, LLC: Upon motion the documents were received and filed, and Resolution No. 69-23 Approving a Purchase Agreement Between the city of Dubuque, Iowa and HWY 151 & 61 Development, LLC for a Temporary Detour Easement Across Lot 1 in Riverview Plaza No. 4 in the city of Dubuque Iowa as Part of the Kerper Boulevard and Kerper Court Intersection Improvements Project was adopted. 14. Amendment to Master Agreement and Project Statement – ImOn Communications LLC: Upon motion the documents were received, filed, and approved. 15. Master Agreement and Project Statement Amendment – Unite Private Network (UPN): Upon motion the documents were received, filed, and approved. 16. Tobacco Permit Application: Upon motion the documents were received and filed, and Resolution No. 70-23 Approving applications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa Code Chapter 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. Set Public Hearing – Disposition of City-Owned Property at 612 Lincoln Avenue: Upon motion the documents were received and filed and Resolution No. 71-23 Intent to dispose of an interest in City of Dubuque real estate to Affordable Housing Network, Inc, setting a time and place for hearing, and providing for the publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on April 3, 2023 in the Historic Federal Building. 2. Set for Public Hearing – Brehm Acres Voluntary Annexation Request: Upon motion the documents were received and filed and Resolution No. 72-23 Setting a Public Hearing on an Application for Voluntary Annexation of Territory to the City of Dubuque, Iowa was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on April 17, 2023 in the Historic Federal Building. PUBLIC HEARINGS 1. Request to Amend Planned Unit Development 2600 Dodge Street, Plaza 20: Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Roussell. Planning Services Manager Wally Wernimont provided a staff report. City Council members requested an update on resolving the current traffic pattern and barricades in Plaza 20 resulting from Starbucks to confirm those situations will be resolved before any additional development in Plaza 20 is approved. City Engineer Gus Psihoyos stated that the citys agreement with Starbucks resulted in the current traffic patterns. The Engineering Department is preparing to issue bids this spring to modify the traffic patterns. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 7-23 Amending Title 16, The Unified Development Code of the City of Dubuque Code of Ordinances by rescinding Ordinance 51-16 which established regulations for the Plaza 20 PUD Planned Unit Development District with a Planned Commercial Designation and now being amended to allow for modification of the On-Premise Sign Regulations applied to Plaza 20. Seconded by Roussell. Motion carried 7-0. 2. Request to rezone the property of approximately 2.4-acre irregularly shaped site with frontage along Carter Road PIN 1015453009 property to a Planned Unit Development with PR-Planned Residential designation: Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Farber. Planning Services Manager Wally Wernimont provided a staff report. Mike Jozefowicz, 2735 Hickory Hill; Dan Williams, 2710 Hickory Hill; Paula Lange, 3077 Westmore Dr.; and Paige Thomas, 3023 Westmore Dr.; spoke in opposition to the rezoning. Applicant Kevin Oberbroeckling of CK Construction spoke in support of the rezoning. Responding to questions from the City Council, Mr. Wernimont summarized the process for reviewing stormwater management plans and referenced studies that indicated the citys future housing needs. Mr. Wernimont also spoke about the process which determined that a traffic study was not required and how flooding complaints regarding private properties would be addressed. Responding to questions from the City Council, Zoning Advisory Commission Member Richard Russell stated that the Zoning Advisory Commission had three excused absences from the commission meeting in which this public hearing occurred, and that another commission member recused himself from the vote due to a conflict of interest. Mr. Russell stated that the commission expressed concerns on density during the hearing and discussed the other multi-family developments in the vicinity. City Manager Van Milligen stated that liability for stormwater property damage could not be determined without additional review. City Attorney Brumwell stated that the citys role in stormwater damage is limited to enforcement, with the city referring residents to private attorneys for legal guidance. City Council members discussed the need for additional housing and that traffic patterns at certain schools could potentially be reviewed in the future. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 8-23 Amending Title 16 of The Unified Development Code of the City of Dubuque Code of Ordinances by Rescinding Ordinance 10-96 and Ordinance 45-93 and Adopting a PUD Planned Unit Development with a PR Planned Residential District Designation and Conceptual Development Plan for one 16-Unit and one 24-Unit Multi-Family Residential Building with a Detached Garage. Seconded by Farber. Motion carried 7-0. 3. Amendment of the Dubuque Industrial Center Economic Development District Urban Renewal Plan, Version 2023.1: Motion by Roussell to receive and file the documents and adopt Resolution No. 73-23 Approving the Amended and Restated Urban Renewal Plan, Version 2023.1, for the Dubuque Industrial Center Economic Development District. Seconded by Sprank. Motion carried 7-0. 4. Amendment of the Dubuque Industrial Center Economic Development District Urban Renewal Plan, Version 2023.2: Motion by Farber to receive and file the documents and adopt Resolution No. 74-23 Approving the Amended and Restated Urban Renewal Plan, Version 2023.2, for the Dubuque Industrial Center Economic Development District. Seconded by Resnick. Motion carried 7-0. 5. Request to Vacate a Portion of Certain Sanitary Sewer Easements across a Part of Lot 1 of Dubuque Industrial Center 14th Addition: Motion by Sprank to receive and file the documents and adopt Resolution No. 75-23 Disposing of Property by Vacating City Interest in a Portion of Easements for Sanitary Sewer Utilities Over and Across a Part of Lot 1 of Dubuque Industrial Center 14th Addition, in the City of Dubuque, Iowa. Seconded by Resnick. Motion carried 6-0 with Jones momentarily away from the dais at the time of the vote. PUBLIC INPUT Regarding Action Item No. 3, Mark Amber, 315 River Ridge St., spoke in opposition to the recommended management firm. ACTION ITEMS 1. Solid Waste Automated Curbside Collection System Implementation Council Update: Motion by Resnick to receive and file the documents and listen to the presentation. Seconded by Farber. Public Works Director John Klostermann introduced Assistant Public Works Director Arielle Swift, who made a presentation on the implementation plan for the automated solid waste conveyance system and the distribution of solid waste carts to support that system. Responding to a question from the City Council, Resource Management Supervisor Jacob Jansen and Mr. Klostermann stated that the department is developing a procedure to assist specific residents who need assistance with collecting their solid waste carts. Motion carried 7-0. 2. Emergency Preparedness Railway Incidents Presentation: Motion by Roussell to receive and file the documents and listen to the presentation. Seconded by Sprank. Thomas Berger, Dubuque County Emergency Management Coordinator, made a presentation on emergency preparedness for railway incidents. Responding to a question from the City Council, Mr. Berger stated that he receives weekly reports from the railroad companies summarizing the types of chemicals they transported in the past week. Mr. Berger also stated that railroad companies are governed at the federal level, therefore railroad companies would communicate any suggested improvements to the appropriate federal agency. City Council members expressed their desire to have open communication with the railroad companies. Motion carried 7-0. 3. Grand River Center Management Agreement with Global Spectrum, L.P. d/b/a OVG360 Approval: Motion by Farber to receive and file the documents, approve the Grand River Center Management Agreement between the City of Dubuque and Global Spectrum, L.P. d/b/a OVG360, and listen to the presentation. Seconded by Jones. Leisure Services Manager Marie Ware made a presentation and introduced Shura Garnett, Senior Vice President of Convention Centers for OVG360. Responding to questions from the City Council, Ms. Garnett stated that the company will create a list of revenue enhancing priorities for the capital fund and that they intend to retain as many current Grand River Center employees as possible. City Manager Van Milligen stated that partnering with a national firm will help the Grand River Center host more events, therefore benefiting Dubuque hotels and amenities. Motion carried 7-0. 4. Amending Tax Increment Ordinance 28-22A for the Dubuque Industrial Center Economic Development District, as amended by Version 2023.1 of the Amended and Restated Plan: Motion by Roussell to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Farber. Motion carried 7-0. Motion by Roussell for final consideration and passage of Ordinance No. 9-23 Correcting and amending Ordinance No. 28-22A, previously amended, providing that general property taxes levied and collected each year on all property located within the Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Area of the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with the Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Redevelopment Project by removing certain property from Subarea E from the division of revenues. Seconded by Farber. Motion carried 7-0. 5. Amending Tax Increment Ordinance for the Dubuque Industrial Center Economic Development District, as amended by Version 2023.2 of the Amended and Restated Plan: Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Roussell. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 10-23 Correcting and amending Ordinance No. 9-23, previously amended, providing that general property taxes levied and collected each year on all property located within the Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Area of the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with the Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Redevelopment Project by adding Subarea S to the division of revenues. Seconded by Roussell. Motion carried 7-0. 6. Discounted City Utilities Program and Affordable Connectivity Program Promotional Brochure: Motion by Sprank to receive and file the brochure on two programs designed to assist income qualified residents with monthly utility payments and internet access and view the video. Seconded by Wethal. Media Services showed a video promoting the Discounted City Utilities Program. The video was produced by the Public Information Office and can be viewed at: https://youtu.be/7x9MaBVzEBg. Motion carried 7-0. 7. Work Session Request – Demonstration of Police Use of the Public Safety Cameras: City Council Members confirmed with City Manager Van Milligen that the work session should begin at 5:15 p.m. so City Council and city staff have adequate travel time for the regular session. Motion by Jones to receive and file the documents and schedule the work session for Monday, May 1, 2023, at 5:15 p.m. at the Dubuque City Hall, 3rd Floor, to demonstrate how the Police Department uses the Public Safety Camera system as a public safety tool as a preventative tool and as an investigative resource. Seconded by Resnick. No schedule conflicts were expressed. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Members Farber and Roussell respectively reported on their recent volunteer experiences with AmeriCorps. CLOSED SESSION Motion by Jones to convene in closed session at 9:47 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 the City Council on the issues to be discussed in the closed session is City Attorney Brumwell. Motion carried 7-0. The City Council reconvened in open session at 10:34 p.m. stating that staff had been given proper direction. There being no further business, Mayor Cavanagh declared the meeting adjourned at 10:34 p.m. /s/Adrienne N. Breitfelder, CMC City Clerk 1t 3/31