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10 18 21 City Council Proceedings Official CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on October 18, 2021, in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Cavanagh, Farber, Jones, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attorney Brumwell. Mayor Buol 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. Lights On After School Day (October 28, 2021) was accepted by Beth McGorry on behalf of St. Mark Youth Enrichment. 2. Boards and Commissions Recognition Day (October 18, 2021) was accepted by City Clerk Adrienne Breitfelder on behalf of the City Clerk's Office. 3. Gentleman Day (October 19, 2021) was accepted by Bethany Jacoby on behalf of Waypoint Services. 4. Trick-or-Treat Night (October 31, 2021) was accepted by Mayor Buol on behalf of the City of Dubuque. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolution s, and dispose of as indicated. Seconded by Farber. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 10/4; Zoning Advisory Commission of 10/6; Zoning Board of Adjustment of 9/23; Proof of Publication for City Council Proceedings of 9/7 and 9/20; Proof of Publication for List of Claims and Summary of Revenues for Month Ended 8/31. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Jennifer Ney for personal injury; Michelle Spear for vehicle damage; Mary Summers 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 Assurance Pool: Jennifer Ney for personal injury; Michelle Spear for vehicle damage; Mary Summers for property damage. Upon motion the documents were received, filed, and concurred. 4. Approval of City Expenditures: City Manager recommended City Council approval for payment of City expenditures. Upon motion the documents were received and filed, and Resolution No. 347-21 Authorizing the Director of Finance and Budget/City Treasurer to make certain payments of bills that must be paid and approved for payment in accordance with City procedures was adopted. RESOLUTION NO. 347-21 AUTHORIZING THE DIRECTOR OF FINANCE AND BUDGET / CITY TREASURER TO MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT 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 Finance Director-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 Finance Directo r-City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City 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 Finance Director-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 Finance Director are hereby authorized and directed to provide the statement of receip ts and disbursements to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 18th day of October, 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Fiscal Year 2021 State of Iowa Annual Financial Rep ort: City Manager recommended approval to file the Fiscal Year 2021 State of Iowa Annual Financial Report with the State of Iowa Auditor. Upon motion the documents were received, filed, and approved. 6. Final Plat of Rolling Hills Farm No. 2: Zoning Advisory Commission recommended approval of the Final Plat of Rolling Hills Farm No. 2 subject to waiving the lot frontage requirement for Lot 1. Upon motion the documents were received and filed, and Resolution No. 348-21 Approving the Final Plat of Rolling Hills Farm Subdivision Plat 2, Dubuque County, Iowa was adopted. RESOLUTION NO. 348-21 APPROVING THE FINAL PLAT OF ROLLING HILLS FARM SUBDIVISION PLAT 2, DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Rolling Hills Farm Subdivision Plat 2, Dubuque County, Iowa that is within the City’s 2 -mile extraterritorial jurisdiction; and Whereas, said Final Plat has been examined by the Zoning Advisory Commission and its approval has been endorsed thereon; and Whereas, said Final Plat has been examined by the City Council and they find that it conforms to the statues and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Final Plat of Rolling Hills Farm Subdivision Plat 2, Dubuque County, Iowa 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 Final Plat of Survey. Passed, approved and adopted this 18th day of October 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7. Final Plat of Stone Quarry Subdivision Plat 4 : Zoning Advisory Commission recommended approval of the Final Plat of Stone Quarry Subdivision Plat 4 subject to waiving the street frontage requirements for both lots. Upon motion the documents were received and filed, and Resolution No.349-21 Approving the Final Plat of Stone Quarry Subdivision Plat 4, Dubuque County, Iowa was adopted. RESOLUTION NO. 349-21 APPROVING THE FINAL PLAT OF STONE QUARRY SUBDIVISION PLAT 4, DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Stone Quarry Subdivision Plat 4, Dubuque County, Iowa that is within the City’s 2 -mile extraterritorial jurisdiction; and Whereas, said Final Plat has been examined by the Zoning Advisory Commission and its approval has been endorsed thereon; and Whereas, said Final Plat has been examined by the City Council and they find that it conforms to the statues and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Final Plat of Stone Quarry Subdivision Plat 4, Dubuque County, Iowa is hereby approved, and the Mayor and City Clerk are hereby aut horized and directed to endorse the approval of the City of Dubuque, Iowa upon said Final Plat of Survey. Passed, approved and adopted this 18th day of October 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 8. Pre-Annexation Agreement - LTD Ranch, LLC, Laura M. DeMaio: City Manager recommended approval of a Pre-Annexation Agreement with LTD Ranch, LLC, Laura M. DeMaio, property owner, for property located at 10338 Key West Drive in Dubuque County, in conjunction with their request to connect to City water. Upon motion the documents were received and filed, and Resolution No. 350-21 Approving a Pre- Annexation Agreement between the City of Dubuque, Iowa and LTD Ranch, LLC, Laura M. Demaio was adopted. RESOLUTION NO. 350-21 APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND LTD RANCH, LLC, LAURA M. DEMAIO Whereas, LTD Ranch, LLC, Laura M. DeMaio, the owner of the following described property located at 10338 Key West Drive in Dubuque County, Iowa (the Property) have submitted to the City Council of the city of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: Lot 1 of Feedstore Place, Dubuque County, Iowa, according to the Plat recorded as Instrument #2017-14823, records of Dubuque County, Iowa Whereas, LTD Ranch, LLC, Laura M. DeMaio 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 Property; 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 LTD Ranch, LLC, Laura M. DeMaio and the City of Dubuque is hereby approved. Passed, approved and adopted this 18th day of October 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 9. Pre-Annexation Agreement - Isidore and Dayna Haverland: City Manager recommended approval of a Pre-Annexation Agreement with Isidore and Dayna Haverland, property owners, for property located at 8315 Hidden Valley Road in Dubuque County, as part of approving the Final Plat. Upon motion the documents were received and filed, and Resolution No. 351-21 Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and Isidore and Dayna Haverland was adopted. RESOLUTION NO. 351-21 APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND ISIDORE AND DAYNA HAVERLAND Whereas, Isidore and Dayna Haverland, the owner of the following described property located at 8315 Hidden Valley Road in Dubuque County, Iowa (the Prope rty) have submitted to the City Council of the city of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: Lot 15 of Spring Valley Heights Subdivision No. 1 in Section Twenty -Four (24), Township Eighty-Eight North (T88N), Range Two East (R2E) of the Fifth Principal Meridian Dubuque County, Iowa Whereas, Isidore and Dayna Haverland 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 Property; 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 Isidore and Dayna Haverland and the City of Dubuque is hereby approved. Passed, approved and adopted this 18th day of October 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 10. City of Sageville Notice of Application for Annexation: Correspondence from the City of Sageville, Iowa regarding a public hearing scheduled for November 1, 2021, on an application for annexation. Upon motion the documents were received, filed, and referred to the City Manager. 11. Esri Article on the City of Dubuque's use of Geographic Information System (GIS) for Broadband Investment: City Manager transmitted an article from Esri on the City of Dubuque's use of Geographic Information System (GIS) for broadband investment. Upon motion the documents were received and filed. 12. Acceptance of Public Improvements for South Heacock Road Cul -De-Sac from Walter Development, LLC: City Manager recommended acceptance of the public improvements that the developer, Walter Development, LLC, has recently completed on South Heacock Road in Dubuque Industrial Center West. Upon motion the documents were received and filed, and Resolution No. 352-21 Accepting Public Improvements on South Heacock Road, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 352-21 ACCEPTING PUBLIC IMPROVEMENTS ON SOUTH HEACOCK ROAD, IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to a development agreement with Walter Development, LLC dated April 6, 2020, certain public improvements including street paving with longitudinal subdrain and concrete curb and gutter, accessible sidewalk ramps, concrete sidewalks, a paved cul-de-sac, storm sewers and catch basins, street lighting, and fiber optic conduit were installed by the Walter Development, LLC on South Heacock Road; and Whereas, the public improvements have been completed and the City Manager has examined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City and in conformance with City specifications, and has recommended that the improvements be accepted by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said public improvements on South Heacock Road, be and the same is hereby accepted. Section 2. Per the development agreement, the City assumes ownership and maintenance of the public improvements. Passed, approved and adopted this 18th day of October, 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 13. Dillon Street Drain Tile Project 2021: City Manager recommended acceptance of the construction contract for the Dillon Street Drain Tile Project 2021, as completed by Drew Cook & Sons Excavating Company, Inc., in the final contract amount of $59,756.48, which is an increase of 11.9% over the original contract amount of $53,377.50. Upon motion the documents were received and filed, and Resolution No. 353 -21 Accepting the Dillon Street Drain Tile Project 2021 and authorizing the payment to the contractor was adopted. RESOLUTION NO. 353-21 ACCEPTING THE DILLON STREET DRAIN TILE PROJECT 2021 AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the Dillon Street Drain Tile Project 2021, (the Project) has been completed by the Contractor, Drew Cook & Sons Excavating Company, Inc. (Contractor), the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $59,756.48; and Whereas, the Contractor has previously been paid $56,768.66, leaving a balance of $2,987.82; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved, and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $2,987.82 as provided in Iowa Code chapter 573, and to pay such retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved and adopted this 18th day of October 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE DILLON STREET DRAIN TILE PROJECT 2021 The undersigned City Engineer of the City of Dubuque, Iowa, here by certifies that he has inspected the Dillon Street Drain Tile Project 2021has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $68,719.95. Dated this 8th day of October 2021. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 8th day of October 2021. /s/Adrienne N. Breitfelder, City Clerk 14. Application for Redevelopment Subrecipient Planning Grant at 3400 Jackson Street: City Manager recommended approval to apply for a Brownfields Planning Grant from East Central Intergovernmental Association (ECIA) in order to create a vision for the former Flexsteel Industries site at 3400 Jackson Street. Upon motion the documents were received, filed, and approved. 15. First Amendment to Development Agreement between the City of Dubuque, Iowa and Three Amigos, LLC for a Project at 898 Jackson Street: City Manager recommended approval of the First Amendment to Development Agreement between the City of Dubuque, Iowa and Three Amigos, LLC for the rehabilitation of property at 898 Jackson Street. Upon motion the documents were received and filed, and Resolution No. 354-21 Approving the First Amendment to Development Agreement between the City of Dubuque, Iowa and Three Amigos, LLC was adopted. RESOLUTION NO. 354-21 APPROVING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND THREE AMIGOS, LLC Whereas, the City of Dubuque and Three Amigos, LLC, a Wisconsin limited liability company entered into that certain Development Agreement dated April 15, 2019 with respect to the matters specified therein or the property at 898 Jackson St reet in the City of Dubuque, Iowa; and Whereas, the parties desire to modify the Development Agreement as set out in the First Amendment to Development Agreement attached hereto; and Whereas, the City Council finds that it is in the best interests of the City of Dubuque to approve the First Amendment to Development Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The First Amendment to Development Agreement is hereby approved. Passed, approved and adopted this 18th day of October, 2020. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 16. Acceptance of Warranty Deed from Hendricks Feed & Seed Co., Inc. Property: City Manager recommended approval of a Resolution accepting the Warranty Deed f or 880 and 898 Central Avenue from Hendricks Feed & Seed Co., Inc. Upon motion the documents were received and filed, and Resolution No. 355-21 Accepting the Deed to Real Estate owned by Hendricks Feed & Seed Co., Inc. in Dubuque County, Iowa was adopted. RESOLUTION NO. 355-21 ACCEPTING THE DEED TO REAL ESTATE OWNED BY HENDRICKS FEED & SEED CO., INC. IN DUBUQUE COUNTY, IOWA Whereas, Hendricks Feed & Seed Co., Inc. was the owner of the following real property (the Real Estate): City Lot 279, 280, 280A, 281, 282, 326, 327, 328 and the North 26.2 feet of City Lot 325, according to the United States Commissioners Map of the Town of Dubuque, Iowa ; and Whereas, the City of Dubuque entered into an Offer to Buy Real Estate and Acceptance to purchase the Real Estate from Hendricks Feed & Seed Co., Inc., subject to the approval by the City Council; and Whereas, the City Council approved the Offer to Buy Real Estate and Acceptance; and Whereas, all the terms and conditions of the Offer to Buy Real Estate and Acceptanc e have been completed and Hendricks Feed & Seed Co., Inc. has delivered a Warranty Deed to the City for the Real Estate, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby accepts the Warranty Deed to the Real Estate from Hendricks Feed & Seed Co., Inc. Passed, approved and adopted this 18th day of October, 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 17. Fiscal Year 2022 Contracted Service Agreement: Four Mounds HEART: City Manager recommended approval of a contracted services agreement for Fiscal Year 2022 with Four Mounds HEART for $10,000 to provide hands -on training and education for youth performing housing rehabilita tion services, particularly in low-moderate income areas, or for low-moderate income housing. Upon motion the documents were received and filed, and Resolution No. 356-21 Authorizing Execution of FY22 Contracted Services Agreement with Four Mounds Heart Program was adopted. RESOLUTION NO. 356-21 AUTHORIZING EXECUTION OF FY22 CONTRACTED SERVICES AGREEMENT WITH FOUR MOUNDS HEART PROGRAM Whereas, the City of Dubuque (City) and Four Mounds HEART Program (Agency) desire to enter into an agreement where the Agency provides youth education and hands- on training while promoting neighborhood revitalization and earning a high school diploma; and Whereas, the Agency is willing to provide such services to City upon the terms and conditions set forth within the agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Contracted Services Agreement with Four Mounds HEART Program be approved. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute said Agreement and related documents on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 18th day of October 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 18. U.S. Department of Housing & Urban Development (HUD) Continuum of Care Program Renewal Application – Fiscal Year 2023: City Manager recommended approval to submit a renewal pre-application to the Iowa Balance of State and then a renewal application to the U.S. Department of Housing & Urban Development (HUD) for the Continuum of Care Special Needs Assistance Program (CoC SNAP) grant for Fiscal Year 2023. Upon motion the documents were received and filed, and Resolution No. 357 -21 Authorizing the Mayor to execute an application for the Co ntinuum of Care Grant and authorizing the Director of Housing and Community Development and the City Manager to approve the application was adopted. RESOLUTION NO. 357-21 AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION FOR THE CONTINUUM OF CARE GRANT AND AUTHORIZING THE DIRECTOR OF HOUSING AND COMMUNITY DEVELOPMENT AND THE CITY MANAGER TO APPROVE THE APPLICATION Whereas, the U.S. Department of Housing and Urban Development has published the availability of the Continuum of Care grant for the Collaborative Applicants including the Iowa Balance of the Continuum of Care; and Whereas, the U.S. Department of Housing and Urban Development will publish the availability of the Continuum of Care grant for the Project Applicants including the City of Dubuque Phoenix housing Project; and Whereas, the City of Dubuque has administered the Continuum of Care grant since 2007; and Whereas, the City of Dubuque proposes to continue administering the Continuum of Care grant to assist homeless, disable persons with permanent supportive housing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. That the Mayor is hereby authorized and directed to submit a pre -application to the Iowa the Balance of State and an application to HUD for the Continuum of Care program grant. Section 2 That the Director of Housing and Community Development and the City Manager are hereby authorized to approve the pre -application and application that is submitted to the Iowa Balance of State and HUD. Section 3. That the City Manager is hereby authorized and directed to forward said application and resulting standard executed contract to the respective agency in a timely fashion and as required by U.S. Department of Housing and Urban Deve lopment. Passed, approved and adopted this 18th day of October, 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 19. Letter of Support for University of Dubuque's Fulbright Scholar-in-Residence Proposal: City Manager provided a copy of a letter of support on behalf of the City of Dubuque in support of the University of Dubuque's Fulbright Scholar -In-Residence (S-I- R) proposal. Upon motion the documents were received and filed. 20. Alcohol and Tobacco License Applications: City Manager recommended approval of annual liquor, beer, wine and tobacco license applications as submitted. Upon motion the documents were received and filed, and Resolution No. 358-21 Approving applications for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits ; and Resolution No. 359-21 Approving applications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa Code Chapter 453A.47A were adopted. RESOLUTION NO. 358-21 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQUOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and filed with the City Council for approval, and the same have been examined, provisionally approved, and/or approved; and Whereas, 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 O rdinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: Renewals, Carlos O'Kelly's Mexican Cafe, 1355 Associates Dr. Europa Haus Restaurant & Bierstube, 1301 Rhomberg Ave. Fiesta Cancun Authentic Mexican Restaurant, 2515-1 NW Arterial Huhot Mongolian Grill, 555 J.F. Kennedy Rd. #685 Jumpers Sports Bar & Grill, 2600 Dodge St. Suite C Kwik Stop 858, 3340 J.F. Kennedy Rd. Loras College - Athletic and Wellness Center, 1600 Loras College Parkway Oolong Asia Cuisine, 145 W. 11th St. Passed, approved, and adopted this 18th day of October 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 359-21 APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES / NICOTINE / VAPOR PERMITS, AS REQUIRED BY IOWA CODE 453A.47A Whereas, applications for Cigarette/Tobacco Sales have been submitted and filed with the City Council for approval, and the same have been examined and approved; and Whereas, 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 otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the following named applicants and locations for cigarette/tobacco sales permit. Business Name, Business Address PitStop CarryOut, 1735 Central Ave. Passed, approved, and adopted this 18th day of October 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Resnick to receive and file the documents, adopt the resolutions, and set the public hearings as indicated. Seconded by Sprank. Motion carried 7-0. 1. Second Amendment to Lease Agreement Between the City of Dubuque and Iowa Greyhound Association: City Manager recommended the City Council set a public hearing for November 1, 2021, to approve the Second Amendment to Lease Agreement between the City of Dubuque and Iowa Greyhound Association that modifies the end date of the lease from December 31, 2025 to July 31, 2022. Upon motion the documents were received and filed and Resolution No. 360-21 Intent to dispose of an interest in real property by Second Amendment to Lease Agreement with Iowa Greyhound Association was adopted, setting a public hearing for a meeting to commence at 6:30 p.m. on November 1, 2021, in the Historic Federal Building. RESOLUTION NO. 360-21 INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY SECOND AMENDMENT TO LEASE AGREEMENT WITH IOWA GREYHOUND ASSOCIATION Whereas, the City of Dubuque, Iowa (City) owns certain property currently leased to the Iowa Greyhound Association; and Whereas, City and IGA desire to amend the existing Lease Agreement, as amended; and Whereas, the City Council of the City of Dubuque believes it is in the best interests of the City of Dubuque to approve the Second Amendment to the Lease Agreement. 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, intends to dispose of the City’s interest in the foregoing-described real property pursuant to the Second Amendment to the Lease Agreement between City and Iowa Greyhound Association, a copy of which is now on file at the Office of the City Clerk, City Hall, 13th and Central Ave., Dubuque, Iowa. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a Notice to be published as prescribed by Iowa Code § 364.7 of a public hearing on the City's intent to dispose of the foregoing-described real property, to be held on the 1st day of November, 2021, at 6:30 p.m. in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa Passed, approved and adopted this 18th day of October, 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Setting a Public Hearing at a Special City Council Meeting on November 22, 2021, on a Proposed Development Agreement by and between the City of Dubuque, and Setzer Properties DBQ, LLC providing for the Sale of City-owned Real Estate to Setzer Properties DBQ, LLC Pursuant to the Development Agreement : City Manager recommended City Council set a public hearing at a special City Council meeting on November 22, 2021, on a proposed Developme nt Agreement by and among the City of Dubuque and Setzer Properties DBQ, LLC providing for the sale of city -owned real estate to Setzer Properties DBQ, LLC. Upon motion the documents were received and filed and Resolution No. 361-21 (1) Approving the minimum requirements, competitive criteria, and offering procedures for the development and the sale of certain real property and improvements in The Dubuque Industrial Center West Urban Renewal District; (2) Determining that the offer to purchase submitted by Setzer Properties DBQ, LLC satisfies the offering requirements with respect to the real property and improvements and declaring the intent of the City Council to approve the sale to Setzer Properties DBQ, LLC in the event that no competing proposals are su bmitted; and (3) Soliciting competing proposals was adopted setting a public hearing for a special meeting to commence at 6:30 p.m. on November 22, 2021 in the Historic Federal Building. OFFICIAL NOTICE RESOLUTION NO. 361-21 (1) APPROVING THE MINIMUM REQUIREMENTS, COMPETITIVE CRITERIA, AND OFFERING PROCEDURES FOR THE DEVELOPMENT AND THE SALE OF CERTAIN REAL PROPERTY AND IMPROVEMENTS IN THE DUBUQUE INDUSTRIAL CENTER WEST URBAN RENEWAL DISTRICT; (2) DETERMINING THAT THE OFFER TO PURCHASE SUBMITTED BY SETZER PROPERTIES DBQ, LLC SATISFIES THE OFFERING REQUIREMENTS WITH RESPECT TO THE REAL PROPERTY AND IMPROVEMENTS AND DECLARING THE INTENT OF THE CITY COUNCIL TO APPROVE THE SALE TO SETZER PROPERTIES DBQ, LLC IN THE EVENT THAT NO COMPETING PROPOSALS ARE SUBMITTED; AND (3) SOLICITING COMPETING PROPOSALS Whereas, the City Council of Dubuque, Iowa, did on September 20, 2021 adopt an Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center West Urban Renewal District ("the Plan") for the Urban Renewal Area described therein; and Whereas, the Plan provides, among other things, for the disposition of properties for private development purposes as a proposed economic development action; and Whereas, Setzer Properties DBQ, LLC ("Developer") has submitted t o the City a proposal in the form of an offer to purchase (the "Development Agreement") for the purchase of certain City-owned real property hereinafter described ("the Property"), which Development Agreement proposes the Developer will undertake the const ruction of a building to be located north of Innovation Drive in the City of Dubuque, Iowa, as described therein, which Property is the real estate consisting of approximately 34.265 acres shown on Exhibit A, and which Development Agreement requests that t his Property be made available for sale as rapidly as possible; and Whereas, to establish reasonably competitive bidding procedures for the disposition of the Property in accordance with the statutory requirements of Iowa Code Chapter 403, specifically, Section 403.8, and to assure that the City extends a full and fair opportunity to all developers interested in submitting a proposal, a summary of submission requirements and minimum requirements and competitive criteria for the Property offering is included herein; and Whereas, said Developer has signed a Development Agreement with the City, currently on file at the Office of the City Clerk; and Whereas, to recognize both the firm proposal for sale of the Property and improvements already received by the City in the form of the Development Agreement, as described above, and to give full and fair opportunity to other developers interested in submitting a proposal for the sale and development of the Property, this Council should by this Resolution: 1) Set the fair market value of the Property for uses in accordance with the Plan; 2) Approve the minimum requirements and competitive criteria included herein; 3) Approve as to form the Development Agreement; 4) Set a date for receipt of competing proposals and th e opening thereof; 5) Declare that the proposal submitted by Developer satisfies the minimum requirements of the offering, and that in the event no other qualified proposal is timely submitted, that the City Council intends to accept such proposal and authorize the City Manager to sign the Development Agreement; 6) Approve and direct publication of a notice to advise any other person of the opportunity to compete for sale of the Property on the terms and conditions set forth herein; and 7) Declare that in the event another qualified proposal is timely submitted and accepted, another and future notice will be published on the intent of the City to enter into the resulting contract, as required by law; and Whereas, the City Council believes it is in the best interest of the City and the Plan to act as expeditiously as possible to sell the Property as set forth herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Property shown on Exhibit A shall be offered for sale in accordance with the terms and conditions contained in this Resolution. Section 2. That it is hereby determined that to qualify for consideration for selection, any person must submit a proposal which meets these minimum requirements: 1) Contains an agreement to purchase the Property, shown on Exhibit A, at not less than fair market value, which for the purposes of this resolution is hereby determined to be $5,139,750.00 and $4838.00 for required easements for a total purchase price of $5,144,588.00; 2) States the number of square feet of commercial/industrial space that will be created in the proposal's project; 3) Sets out or provides to the satisfaction of the City Council the experience of the principals and key staff who are directly engaged in the performance of contract obligations in carrying out projects of similar scale and character; and 4) Meets, at a minimum, the terms and conditions of the Development Agreement submitted by the Developer including an agreement to construct not less than Two Hundred Fifteen Thousand (215,000) square feet of floor space along with the necessary site work, machinery, and equipment at an estimated cost of approximately Twenty-Two Million Five Hundred Thousand Dollars ($22,500,000); (1) Developer shall construct at its sole expense the sanitary sewer as generally shown on Development Agreement Exhibit I; (2) Developer shall install at its sole expense a 16” water main as generally shown on Development Agreement Exhibit K; (3) Developer shall grant to City a right of way and public utility easement over the cul-de-sac area as shown on Development Agreement Exhibit J; (4) Developer shall provide for the lease of the property to a tenant with 135 full- time employees as of the date of the Agreement and with the intent to create at least ten (10) full-time employees in the City of Dubuque, Iowa, by not later than January 1, 2024. Section 3. That the Development Agreement by and between the City and the Developer be and is hereby approved as to form for the purposes hereinafter stated. Section 4. That for the purpose of defining the offering of the Property for sale, said Development Agreement shall be deemed to be illustrative of the terms acceptable to the City with respect to: 1) Timely completion of the construction project; 2) Construction of minimum improvements; 3) Developer and City obligations; and 4) General terms and conditions. Section 5. That the Development Agreement submitted by the Developer satisfies the requirements of this offering and, if no other qualified proposals are timely submitted, that the City Council intends to accept and approve the Development Agreement. Section 6. That it is hereby determined that the Developer possesses the qualifications, financial resources and legal ability necessary to purchase the Property shown on Exhibit A and to construct, manage and operate the site in the manner proposed by this offering in accordance with the Plan. Section 7. That the City Clerk shall receive and retain for public examination the attached Development Agreement submitted by the Developer and, in the event no other qualified proposals are timely submitted, shall resubmit the Development Agreement to the City Council for final approval and execution upon expiration of the notice herei nafter prescribed. Section 8. That the action of the City Council be considered to be and does hereby constitute notice to all concerned of the intention of this Council, in the event that no other qualified proposals are timely submitted, to accept the proposal of the Developer to purchase the Property shown on Exhibit A and to approve the Development Agreement by and between City and Developer. Section 9. That the official notice of this offering and of the intent of the City, in the event no other qualified proposals are timely submitted, to approve the Development Agreement, shall be a true copy of this Resolution, but without the attachments referred to herein. Section 10. That the City Clerk is authorized and directed to secure immediate publication of said official notice in the Telegraph Herald, a newspaper having a general circulation in the community, by publication of the text of this Resolution on or before the 22nd day of October, 2021. Section 11. That written proposals for the sale of the Property shown on Exhibit A will be received by the City Clerk at or before 10:00 a.m., November 22, 2021, in the Office of the City Clerk, located on the first floor at City Hall, 50 West 13th Street, Dubuque, Iowa 52001. Each proposal will be opened at the hour of 10:00 a.m. in City Hall, Dubuque, Iowa on November 22, 2021. Said proposals will then be presented to the City Council at 6:30 p.m., November 22, 2021, at a meeting to be held in the City Council Chambers, Historic Federal Building at 350 West 6th Street, Dubuque, Iowa. Section 12. That the method of offering the Property for sale as set forth herein is in substantial conformance with the provisions of Iowa Code Section 403.8, requiring reasonable competitive bidding procedures as are hereby prescribed and "fair value." Section 13. That the required documents for the submission of a proposal shall be in substantial conformity with the provisions of this Resolution. Section 14. That the City Clerk is hereby nominated and appointed as the agent of the City of Dubuque, Iowa, to receive proposals for the sale of the Property on that date and according to the procedure hereinabove specified for receipt of such proposals and to proceed at such time to formally acknowledge receipt of each of such proposal by noting the receipt of same in the Minutes of the Council; that the City Manager is hereby authorized and directed to make preliminary analysis of each such proposal for compliance with the minimum requirements established by this Council hereinabove. For each proposal that satisfies these requirements, the City Council shall judge the strength of the proposal by the competitive criteria established hereinabove. The City Council shall then make the final evaluation and selection of the proposals. Section 15. If, and only if, competing proposals are received and determined by the Council to meet the minimum requirements described herein, the Developer shall be allowed to amend its proposal in response thereto and to deliver same to the City Manager, by no later than a date determined by the City Council. In such event, the Council shall schedule a subsequent meeting to be held by the City Manager at which there shall be a bid-off conducted by the City Manager. During such bid-off, each competing bidder shall bid against the other, starting with the second proposal received and continuing until each bidder shall decline to improve its proposal to acquire and redevelop the Property shown on Exhibit A in response to the last bid of the other bidder or bidders. The period to be allowed for such bid-off shall be determined by the City Manager. The rules of such bid-off shall be as determined by the City Manager at or before such bid-off period and shall be absolute. Section 16. That in the event another qualified proposal is timely submitted and accepted by the City, another and further notice shall be published of the intent of the City of Dubuque, Iowa, to enter into the resulting agreement, as required by law. Passed, approved and adopted this 18th day of October, 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk BOARDS/COMMISSIONS Applications were reviewed for the following Boards and Commissions. Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. i. Civic Center Advisory Commission: One, 3-Year term through June 29, 2024 (Expired term of Parks) Applicant: Brenda Christner, 655 Florence St. ii. Civil Service Commission (MAYOR APPOINTMENT): One, 4-Year term through April 6, 2025 (Expired term of White) Applicant: Daniel White, 2919 Elm St. This commission is subject to the State of Iowa Gender Balance Law. 3 Commissioners total; currently 1 male/1 female/ 1 opening iii. Investment Oversight Advisory Commission: One, 3-Year term through July 1, 2024 (Vacant term of Becker) Applicant: Molly Valaskey, 1385 Alta Vista St. iv. Transit Advisory Board: One, 3-Year term through July 30, 2023 (Vacant term of Serna) One, 3-Year term through July 30, 2024 (Expired term of Esser) Applicants: Matthew P. Esser, 90 Main St.; Greg Orwoll, 2635 West 32nd St.; Blake Scharpf, 1319 Forest Ln. PUBLIC HEARINGS 1. Request to Amend the Westmark Planned Unit Development (PUD): Proof of publication on notice of public hearing to consider City Council approval to amend the Westmark Planned Unit Development (PUD) to allow drive-through pick-up windows for pharmacies for the property located at 4025 Westmark Drive, and Zoning Advisory Commission recommended approval. Motion by Cavanagh 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 Jones. Planning Services Manager Wally Wernimont provided a staff report. Responding to questions from the City Council, Mr. Wernimont stated that PUD amendments only amend the properties specified in the legal description of the ordinance, and that the Engineering Department’s traffic study concluded that no improvements are currently required. Motion carried 7-0. Motion by Cavanagh for final consideration and passage of Ordinance No. 34-21 Amending Title 16 of the Unified Development Code of the City of Dubuque Code of Ordinances by rescinding Ordinance 41-91 which provides regulations for a PUD Planned Unit Development District with a PC Planned Commercial Designation for the Westmark Corporate Center and adopting amended PUD Ordinance to allow Drive -Through Pharmacies when associated with permitted principal and accessory uses. Seconded by Jones. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 34-21 AMENDING TITLE 16 OF THE UNIFIED DEVELOPMENT CODE OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RESCINDING ORDINANCE 41-91 WHICH PROVIDES REGULATIONS FOR A PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PC PLANNED COMMERCIAL DESIGNATION FOR THE WESTMARK CORPORATE CENTER AND ADOPTING AMENDED PUD ORDINANCE TO ALLOW DRIVE-THROUGH PHARMACIES WHEN ASSOCIATED WITH PERMITTED PRINCIPAL AND ACCESSORY 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 Development Code, is hereby amended by rescinding Ordinance 41-91 for the hereinafter described property which provides regulations for a Planned Unit Develo pment District with a PC Planned Commercial District designation for Westmark Corporate Center, and now being amended to allow drive -through pharmacies when associated with permitted principal and accessory uses, to wit: Lot 1 Westmark, Lot 1-2 Westmark, Lot 1-3 Westmark, Lot 2-3 Westmark, Lot 2 Westmark No. 2, Lot 1 Westmark No. 3, Lot 3 Westmark No 2, all in the City of Dubuque, Iowa. Section 2. Attached hereto and made a part of this ordinance is the original Conceptual Development Plan and Landscape Pla n, per Ordinance 41-91, for the Westmark Corporate Center PUD marked Exhibit A. It is recognized that minor shifts or modifications to the general plan layout may be necessary and compatible with the need to acquire workable street patterns, grades, and usable building sites. The general plan layout, including the relationship of land uses to the general plan framework and the development requirements shall be used as the implementation guide. Section 3. Westmark Corporate Center PUD Development Regulations A. Use Regulations: The following regulations shall apply to all uses made of land in the above - described PC Planned Commercial District: 1. Principal permitted uses: The following uses are permitted in the Westmark Corporate Center PUD: a. General Office b. Medical Office/Clinic c. Dental/Medical Lab d. Indoor Restaurant, within primary office building only e. Drive-up automated Bank Teller f. Business Services, excluding janitorial services, carpet and upholstery cleaning, painting and decorating, sign painting, and swimming pool maintenance g. Banks/Savings and Loans/Credit Unions h. Office Supply i. Indoor Recreation Facilities j. Printing/Publishing k. Parking Structures l. Group Day Care Center 2. Accessory Uses: The accessory uses shall be limited to any use customarily incidental and subordinate to the principal use. Outdoor storage shall not be permitted. 3. All operations and activities associated with permitted principal and accessory uses shall be conducted or maintained within completely enclosed buildings except: a. Off-street parking b. Employee recreation facilities c. Drive-up bank facilities d. Group day care center outdoor recreation space e. Open air restaurant seating f. Drive-through pharmacies B. Lot and Bulk Regulations The development of land in the Westmark Corporate Center PUD shall be regulated as follows: 1. All structures shall be a minimum of thirty (30) feet from the front property line adjoining Pennsylvania Avenue, a minimum of twenty (20) feet from the front property line adjoining the right-of-way easement which adjoins the Northwest Arterial and a minimum of twenty (20) feet from the front property lines adjoining any interior street. 2. No building or structure built north of a line drawn along the east -west interior street, as shown on the conceptual development plan map, and exten ding directly eastward to the property line shall exceed forty (40) feet in height; no building or structure on the remainder of the property shall exceed sixty (60) feet in height. C. Parking Requirements 1. The off-street parking requirements for the principal permitted uses allowed in the herein described PC Planned Commercial District shall be one (1) space for each three hundred fifty (350) square feet of floor area, with the exception of any public restaurant, which will provide one (1) space for every four (4) permanent seats plus one (1) space for each employee on the ma ximum shift. Floor area will not include underground parking structures. 2. The construction of off-street parking spaces may be phased in proportion to the percentage of total building floor area constructed at any one time. Ground area set aside for future parking, or driveways or for parking provided in excess of the minimum required number of parking spaces shall not reduce the minimum required area for open space. 3. All parking, maneuvering and driveway areas shall be surfaced with a minimum of either an eight (8) inch rolled stone base and two and one -half (2-1/2) inch asphaltic concrete mat or a six (6) inch Portland cement concrete pavement. Proper drainage of storm water shall be provided. All parking spaces shall be delineated on the surfacing material by painted stripes or other permanent means . Widths and length of parking spaces. shall be governed by applicable provisions of City of Dubuque ordinances enforced at the time of development of the lot. 4. The number, size, design, and location of parking spaces designated for handicapped (minimum 2% of total) and compact car parking (maximum 30% of total) shall be according to local, state or federal requirements in effect at the time of development. 5. The location of driveway intersections with public streets shall be established by the City of Dubuque. 6. No on-street maneuvering of service vehicles for the purpose of loading or unloading will be allowed on any public street or cul- de-sac. D. Pedestrian Area 1. Permanent hard surfaced walkways shall be installed and maintained for the purposes of pedestrian movement between all parking areas and functioning entrances and exits of the buildings. 2. These interior walkways shall connect office park campus buildings throughout the development site as per a Pedestrian Access Plan required as part of the submission of the final site development plan. E. Site Lighting 1. Exterior illumination of the site shall be limited to the illumination of: a. Parking areas and driveways b. Pedestrian walkway surfaces and entrances to building c. Building exterior 2. All exterior lighting shall be designed, installed, and maintained so as not to cause direct glare or to shine into adjacent lots and streets. No light source shall provide illumination onto adjacent lots, buildings, or streets in excess of six-tenths (0.6) foot candle. All exterior lighting luminaires shall be designed and installed to shield light from the luminaire at angles above seventy-two (72) degrees from vertical. 3. Fixtures mounted on a building shall not be positioned higher than the roof line of the building. 4. Post or pole mounted free-standing fixtures shall not be higher than thirty (30) feet above the ground. F. Utility Location 1. All electrical, telephone, television cable, and other similar utility lines serving buildings and other site features shall be located underground. 2. All free-standing electrical transformers, switching gear, relay boxes, meters, air conditioning units, heat pumps, and other similar mechanical equipment shall be located in positions which are shielded from view from adjoining public streets. Constructed fencing or walls and plant materials may be used to visually screen such mechanical equipment. G. Trash Collection Areas 1. All trash collection areas shall be visually screened from view. The screening shall be a completely opaque fence, wall, or other feature not exceeding a height of ten feet measured from the ground level outside the line of the screen . Screen structures built on sloping grades shall be stepped, so that their top line shall be horizontal. Exposed materials used to construct the opaque screen shall be similar in appearance to materials used for exterior building walls. Colors of the screen shall match those of the building. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen . Gates or doors facing a street frontage, or the Northwest Arterial shall be closed at all times other than when a vehicle or personnel are using the entrance for access to and from the screened area. 2. If a ten (10) foot high screen fails to shield the exterior trash collection area from view from points inside or outside of the property, evergreen plantings may be required. Evergreen plant materials shall be selected and designed so that they will screen the area from all off- site visibility within five (5) years. In such cases, if initial plantings are of six (6) foot height or greater, the requirements for other opaque screening shall be omitted. H. Open Space Development/Landscaping 1. No less than thirty-five (35) percent of the total development site shall be maintained as open space. Open space shall be defined as that part of the site not devoted to buildings, structures, parking or loading areas, driveways, or any principal or accessory uses. 2. A Landscape Plan for the entire development site shall be required as part of submission of the Final Site Development Plan. The Landscape Plan shall consist of landscaping standards for site design, plantings, and erosion control, as set forth in Attachment A of this ordinance. 3. In open space areas, the installation of required planting materials may be phased in direct proportion to the phasing of building construction. 4. Entry landscaping shall be installed adjoining Pennsylvania Avenue in accordance with the Landscape Plan. 5. The area between the paved public street and the right -of-way line shall be planted and maintained by the lot owner. 6. All parking areas shall be screened from public right-of-way in accordance with the Landscape Plan. 7. All exposed soil areas remaining after the construction of building and vehicle related features shall be planted with a permanent ground cover to prevent erosion. All other disturbed land which is not under construction shall be seeded with appropriate temporary ground cover in order to reduce erosion, siltation, and dust. I. Storm Water Management 1. The area of watersheds after development shall remain the same as pre- development watersheds, or as directed by the Public Works Department of the City of Dubuque. 2. The developer of each lot shall be responsible for providing surface or subsurface conveyance(s) of storm water from the lot to existing storm sewers or to the flowline of open drainageways outside the lot in a means that is satisfactory to the Public Works Department of the City of Dubuque. J. Site Signage 1. The provisions of the City of Dubuque Unified Development Code apply to the construction and maintenance of signs, unless further regulated by this section. 2. No off-premise signs shall be allowed in this planned district. 3. On-Premise Signs a. Allowable content. Signs, messages, and graphics shall be limited to the following contents: 1) Development Sign - Identification of this planned district - Identification of up to three (3) primary tenants 2) Primary Sign - Identification of company name - Identification of company products or services generic name only - Street address - Graphic symbol or logo identified with the company 3) Secondary Sign - Directional messages necessary for the safe and efficient flow of vehicular and pedestrian traffic on the lot - Identification of visitor entrances to the building, shipping, and receiving docks, and other delivery points - Identification of assigned parking spaces and handicapped accessibility - Temporary announcements of pending or new construction - Commemorative messages b. Maximum number of signs 1) The number of Development Signs shall not exceed two (2) at 100 square feet in area per sign or one (1) at 200 square feet in area for each street entrance to this planned district. 2) The number of Primary Signs shall not exceed two (2) for each building, only one (1) of which shall be free-standing unless otherwise restricted. 3) No maximum number of Secondary Signs is established. c. Maximum area of sign panel 1) No Development Sign shall exceed 200 square feet in area, or 100 square feet if two (2) signs/entrance are used. 2) If a Primary Sign is building mounted, its total area shall not exceed ten percent (10%) of wall parallel and/or closest to street frontage, or forty (40) square feet, whichever is less; however, if a Primary Sign is building mounted with the Northwest Arterial as the governing street frontage, the maximum area shall not exceed eighty (80) square feet. 3) If the Primary Sign is free-standing, its maximum area shall not exceed eighty (80) square feet unless otherwise restricted; however, no free- standing Primary Sign shall be allowed along the Northwest Arterial frontage. 4) No maximum cumulative area is established for Secondary Signs; however, no single permanent Secondary Sign shall exceed six (6) square feet in area. 5) The area of double-faced free-standing signs shall only count one face for area determination. d. Allowable structural types 1) Development Signs shall be free-standing only. 2) Primary and Secondary Signs may be mounted on exterior walls of buildings or may be free- standing. No signs shall be mounted on roofs or above any eave or parapet of a building. All building mounted signs shall be flush mounted on the wall and no projections beyond one (1) foo t shall be allowed. The determination of area of signs composed of separate elements shall be the area of a rectangle that completely encloses all such elements and/or corporate identification devices. e. Sign locations on lots 1) Development Signs shall by located anywhere on the lot at any street entrance to the office park development; however, no sign shall be erected within the public right-of-way or 10’ visibility triangle as required by Section 3.5 of the Unified Development Code of the City of Dubuque, Iowa. 2) Primary Signs may be located only in the area enclosed by the street right-of-way line, the line formed by the street façade of the building and the side lot lines. 3) Secondary Signs may be located anywhere on the lot and on any building façade. 4) No signs may project in space over a street right -of-way line or onto another lot. f. Height regulations 1) Free-standing Development Signs and their supporting structure(s) shall not be higher than ten (10) feet above adjacent ground level. 2) Building mounted Primary Signs shall be installed below the eave or parapet. Free-standing Primary Signs and their supporting structures shall not be higher than twenty-five (25) feet above adjacent ground level. 3) Free-standing Secondary Signs and their supporting structure(s) shall not be higher than five (5) feet above adjacent ground level. Building mounted secondary signs shall not be higher than eight (8) feet above the ground level at the building. g. Lighting 1) Development Signs may be illuminated only by means of indirect lighting whereby all light sources and devices are shielded from view by opaque or translucent materials or by internal illumination. 2) Primary Signs may be illuminated by means of indirect lighting whereby all light sources and devices are shielded from view by opaque or translucent materials or by internal illumination. 3) Secondary Signs shall not be illuminated. h. Motion 1) No signs may include any device or means, mechanical, electrical, or natural, which shall cause any motion of the sign panel or any part thereof. No flashing lights or changing colors shall be allowed. K. Time Limitation Approval of the conceptual development plan shall be valid for a period of three (3) years, provided that after the first year, if no final site development plan has been filed, the Commission or Council may require the resubmission of a conceptual development plan. If constructed in phases, a final site development plan shall be submitted for each phase. An extension of the time limitation may be granted by the City Council upon a showing of good cause. L. Ordinance History 1. 41-91: Establishment of the Dubuque Corporate Center (al so known as Westmark Corporate Center) Planned Unit Development M. Transfer of Ownership Transfer of ownership or lease of property in this PC Planned Commercial District shall include in the transfer or lease agreement, a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of this district. N. Site Development Plan Review Final site development plan(s) shall be submitted in a ccordance with Section 13 of the Unified Development Code of the City of Dubuque, Iowa and be approved by the Zoning Advisory Commission at a public meeting. The Zoning Advisory Commission must approve a final site development plan within thirty (30) days of the public meeting if the plan conforms with the condition s of the approved conceptual development plan. The failure of the Zoning Advisory Commission to act within this 30-day period shall constitute approval of the final site development plan unless the applicant requests or agrees to an extension of this review period. Changes in the final site development plan that are consistent with the purpose and intent of the Unified Development Code and the approved conceptual development plan may be approved by the Zoning Advisory Commission. No building permits shall be issued, or no construction may take place except in substantial conformance with such plan. O. Recording A copy of this PUD Ordinance shall be recorded, at the expense of the City of Dubuque, with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approval. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. Section 4. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 5. The foregoing amendment shall take effect immediately upon publication as provided by law. Passed, approved and adopted this 18th day of October, 2021. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 22nd day of October, 2021. /s/Adrienne N. Breitfelder, City Clerk 2. Request to Rezone Property at 684 Kane Street: Proof of publication on notice of public hearing to consider City Council approval of a request from Joe Behan to rezone property located at 684 Kane Street from R-1 Single Family Residential to R-3 Moderate Density Multi-Family Residential to build a three-unit townhouse, and Zoning Advisory Commission recommended denial of the request. Motion by Cavanagh to receive and file the documents and concur with the denial. Seconded by Sprank. Planning Services Manager Wally Wernimont provided a staff report. Rose Theoni, 580 Primrose Ct., spoke in opposition to the request and submitted a petition signed by area residents. Chris Theoni, 580 Primrose Ct.; Ron Vogt, 668 Kane St.; Becky Krause, 686 Kane St.; Rich Neuses, 505 Primrose St.; Kyle Christina, 565 Primrose Ct.; and Mark Kelleher, 585 Primrose Ct., all spoke in opposition to the rezoning request. City Council Members thanked the residents for providing input and spoke in opposition to rezoning the property to R-3. Motion carried 7-0. 3. Public Hearing for the Water Service Connection Charge Assessment - 1951 W. 32nd Street: City Manager requested the City Council establish the Final Schedule of Assessments at $6,989.36 for the water service connection charge for 1951 W. 32nd Street. Motion by Jones to receive and file the documents and adopt Resolution No. 362- 21 Approval of the Final Schedule of Assessments for 1951 W. 32nd Street . Seconded by Resnick. Motion carried 7-0. RESOLUTION NO. 362-21 APPROVAL OF THE FINAL SCHEDULE OF ASSESSMENTS FOR 1951 W. 32ND STREET NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the final schedule of Assessments for 1951 W. 32nd Street for Water Service Connection Charge in the amount of $6,989,36 are hereby approved. Passed, adopted, and approved this 18th day of October, 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk PUBLIC INPUT Molly Grover, President and CEO of the Dubuque Area Chamber of Commerce, spoke in support of Action Item No. 2, stating that the Dubuque Area Chamber of Commerce provided feedback on the proposed ordinance based on its potential business impact. ACTION ITEMS 1. Dubuque County Land and Water Legacy Conservation Bond Referendum Presentation: Correspondence from Art Roche, Chair of the Dubuque County Land and Water Legacy, regarding the Dubuque County Land and Water Legacy conservation bond referendum on the City/School Election ballot on November 2, 2021. Motion by Roussell to receive and file the information and listen to the presentation. Seconded by Farber. Brian Preston, Executive Director of the Dubuque County Conservation Board, made a presentation. Topics included: County Comprehensive Parks, Trails, and Open Spaces Plan 2020; Master Plan; Recommendations for the allocation of referendum funds; and Examples of projects in Long Range Plan. Responding to questions from the City Council, Mr. Preston stated that all proposed projects that would be funded through the bond are subject to the public hearing process, so residents would have adequate opportunities to provide input. Art Roche spoke virtually and thanked Mr. Preston for the presentation. Motion carried 7-0. 2. Proposed Ordinance Amendment to Incorporate Ren t Abatement and Escrow Accounts: City Manager recommended the City Council adopt an Ordinance to allow for all remedies allowed by the State of Iowa for correcting code violations in rental properties. 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 Sprank. Housing and Community Development Director Alexis Steger responded to questions from the City Council regarding the ordinance’s applicability to manufactured homes, Iowa Code’s definition of essential services, and the ordinance’s scope of enforcement. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 36-21 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article J Property Maintenance Code, Section 14 -1J- 2 International Property Maintenance Code Amendments. Seconded by Sprank. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 36-21 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE J PROPERTY MAINTENANCE CODE, SECTION 14-1J-2 INTERNATIONAL PROPERTY MAINTENANCE CODE AMENDMENTS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1J-2 of the City of Dubuque Code of Ordinances is amended to read as follows: 14-1J-2: INTERNATIONAL PROPERTY MAINTENANCE CODE AMENDMENTS: The following additions, deletions, modifications, or amendments of the International Property Maintenance Code, 2018 edition, adopted in section 14 -1J-1 of this article to read as follows: . . . . Section 103.5. Fees. Amended to read: 103.5. Fees. The fees for activities and services performed by the housing and community development department will be established by the city council. Any unpaid penalty, fine, fee or interest shall constitute a l ien on the real property and may be collected in the same manner as a property tax. The City shall send a notice of intent to file a lien to the owner of the housing by first class mail to such owner’s personal or business mailing address. . . . . Section 106.5. Abatement of Violation. Amended to read: 106.5. Abatement of Violation, Escrow Established. A. Abatement of Violation. The imposition of the penalties herein described shall not preclude legal action by the City to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises. B. Escrow System Established. 1. Pursuant to the authority granted in Iowa Code 364.17, the City hereby creates an escrow system for the deposit of rent which will be applied to the costs of correcting violations of the codes applicable to residential rental housing in the City of Dubuque. 2. No rent shall be recoverable by the owner or lessor of any dwelling which does not comply with the codes applicable to residential rental housing in the City of Dubuque until such time as the dwelling does comply with the applicable codes. 3. If other methods have failed, the code official may contract to have work done as necessary to remedy violations of the applicable codes at a residential rental property, the cost of which shall be assessed to the owner or lessor and constitute a lien on the property; or be paid using the funds deposited into the escrow system for the cost of correcting violations. 4. Escrow Order and Payment Requirement: a. An escrow order will be sent by U.S. Mail and certified mail to the owner or lessor, the first lienholder, and the tenant and will be posted at the address. b. Upon receipt of an escrow order, tenants shall pay their rent to the city which will hold the funds in escrow towards repairs. When rent is placed in escrow the owner or lessor may not recover rent from the tenant. c. The effective date of the escrow order is fourteen (14) days from the date of the order. d. A first lienholder may submit proof of an “Assignment of Rents” to the City. The City will adjust the escrow order to limit escrow collection of rents to the amount above the amount of the monthly mortgage payment due to the first lienholder. e. The owner, lessor, or first lienholder may appeal an escrow order to the Housing Appeals and Mediation Board. f. If, at hearing the Housing Appeals and Mediation Board adjusts or overturns the escrow order the funds shall be released to the owner or lessor and shall be payable within fourteen (14) days. 5. An escrow order shall be stayed pending an appeal by an owner or lessor. 6. The City shall develop a policy outlining the parame ters and procedures for initiation of an escrow order which shall be on file with the Inspection and Construction Service Division and available to the public for review. 14-1J-3: RENTAL LICENSES: . . . . J. Suspension And Revocation Of Rental License: 1. Causes: The City Manager may, for good cause, suspend or revoke a rental license for a rental unit, and in the case of a multi -family dwelling, suspend the license as to one or more rental units for a period not to exceed one year for any of the following: a. Conviction, judgment, plea of guilty, or finding of guilt of the licensee for violation of any provision of the Property Maintenance Code; b. Misrepresentation by the licensee of any material fact in the application for a rental license; c. Refusal by the licensee to permit inspection of the licensed rental unit(s) by authorized City personnel; d. Nonpayment of the fee for renewal of the rental license; e. Failure to attend the Successful Rental Property Management Class; f. Failure to perform a required criminal background check on an applicant for tenancy after July 1, 2011; or g. Failure of a priority category to comply with an inspection schedule or pay inspection fees. Tenants will be relocated from the rental unit at the priority category's expense. 2. Opportunity To Appeal: Prior to any suspension or revocation under this subsection, the City Manager must give notice in writing to the property owner, manager, or licensed real estate professional and provide for an opportunity to appeal. 3. Period Of Revocation Or Suspension: During the period of revocation or suspension, a unit for which the rental license was suspended or revoked may not be relicensed. 4. Notice To Licensee: The City Manager shall cause to be issued to the licensee a notice that the license is suspended or revoked, setting forth the reason(s) therefor. The notice shall be sent by certified United States mail to the licensee at the address on file with the City Manager. 5. Appeal: The licensee may appeal the decision of t he City Manager to the Housing Board of Appeals. An appeal must be filed, in writing, within twenty (20) days from the date of the notice of suspension or revocation. 6. Notice To Tenant: Upon suspension or revocation the City Manager must give written notice of the suspension or revocation of the license to each tenant, requiring the tenant to vacate the premises within a time frame determined by the City Manager if determined necessary. Any tenant who fails to vacate the premises after such time shall be subject to penalties under title 1, chapter 4 of this Code. 7. Relocation Of Tenants: If suspension or revocation of a rental license is the responsibility of the property owner, manager, or licensed real estate professional, as determined by the City Mana ger, then any displaced tenants shall be relocated at the property owner, manager, or licensed real estate professional's expense and the City Manager is authorized to assess the rental property for any costs incurred by the City. . . . . L. RENT ABATEMENT: 1. The code official may order rent abated when the code official determines that the owner or lessor has, after issuance of a notice of violation of this chapter: a. Failed to provide an essential service (water, sewer, electricity, heat); b. Failed to remedy a condition that poses a substantial risk to the health or safety of the tenant; or c. Rented a dwelling unit without a rental license including renting under suspension or revocation. 2. A rent abatement order means that the owner or lessor may not recover rent from the tenant. Rent shall be abated until the condition for which rent abatement was ordered has, in the judgment of the code official, been remedied. 3. The code official shall provide a copy of the rent abatement order to the owner or lessor at the address on the rental permit and to the tenant by U.S. mail and by posting the entrance door to dwelling unit. Notice of termination of the rent abatement order will be given in the same manner. 4. Rent abatement shall be stayed upon filing of an appeal by the owner or lessor. 5. The City shall develop a policy outlining the parameters and procedures for initiation of rent abatement which shall be on file with the Inspection and Construction Services Division and available to the public for review. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 18th day of October, 2021. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 22nd day of October, 2021. /s/Adrienne N. Breitfelder, City Clerk 3. Lead & Healthy Home Program Grant Agreement: City Manager recommended City Council authorization of an agreement with the U.S. Department of Housing & Urban Development (HUD) for the use of $4,275,680.92 to administer the Lead and Healthy Homes Program. Motion by Cavanagh to receive and file the documents and adopt Resolution No. 363-21 Authorizing the City Manager or his designee to execute an agreement and any further documents required for the execution of the Lead and Healthy Homes Grant Award of $1,000,000. Seconded by Resnick. Responding to a question from the City Council, Housing and Community Development Director Alexis Steger stated that additional programs are utilized to help eliminate lead in Dubuque homes. City Manager Van Milligen stated that child lead poisoning is decreasing in the city. Motion carried 7-0. RESOLUTION NO. 363-21 AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT AND ANY FURTHER DOCUMENTS REQUIRED FOR THE EXECUTION OF THE LEAD AND HEALHTY HOMES GRANT AWARD OF $1,000,000 Whereas, the U.S. Department of Housing and Urban Development has published a Notice of Funding Availability (NOFA) for the Lead and Healthy Homes Program; and Whereas, the City of Dubuque applied for the grant opportunity in July 2021 in the amount of $4,275,680.92; and Whereas, the U.S. Department of Housing and Urban Development awarded $4,275,680.92 to the City of Dubuque to administer the Lead and Healthy Homes Program, and entered into negotiations for an agreement; and Whereas, the City of Dubuque proposes acceptance of the Lead and Healthy Homes Program funding from the U.S. Department of Housing and Urban Development to assist approximately 106 units. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1: The Mayor is hereby authorized accept the $4,275,680.92 Lead and Healthy Homes funds and approve the agreement with the U.S. Department of Housing and Urban Development. Section 2: That the City Manager and the Housing & Community Development Director are hereby authorized and directed to execute any further documents to ensure the grant program regulations stipulated in the agreement are met . Passed, approved and adopted this 18th day of October 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Dubuque Fire Department Accreditation by the Commission on Fire Accreditation International of the Center for Public Safety Excellence: City Manager advised that on Wednesday, October 13, 2021, the Center for Public Safety Excellence Commission on Fire Accreditation International voted to designate the Dubuque Fire Department as an accredited agency. Motion by Resnick to receive and file the information. Seconded by Jones. Fire Chief Rick Steines spoke about the accreditation process and responded to questions from the City Council regarding future objectives of the department. Motion carried 7-0. 5. Dubuque Fire Department Public Information Brochure: City Manager provided a copy of the Dubuque Fire Department public information brochure. Motion by Jones to receive and file the document. Seconded by Sprank. City Manager Van Milligen stated that the brochure will be mailed out with all resident utility bills in the next billing cycle. Motion carried 7-0. 6. Sustainable Dubuque Community Grant Award Recommendation : City Manager recommended approval of the Resilient Community Advisory Commission recommendations for funding four projects from the Sustainable Dubuque Community Grant Program at a total funding amount of $9,200. Motion by Resnick to receive and file the documents and approve the recommendations. Seconded by Farber. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Roussell reported on attending the renewable natural gas ribbon cutting and the recent volunteer efforts of Dubuque Trees Forever. Council Member Sprank reported on attending the sister city photo exhibit hosted by Travel Dubuque’s Sister City Committee. Council Member Resnick also reported on attending the renewable natural gas ribbon cutting. Council Member Jones reported on the general election occurring on November 2nd, 2021. Mayor Buol reported on attending the sister city photo exhibit and spoke about his previous travel experiences to Dubuque’s sister cities. There being no further business, Mayor Buol declared the meeting adjourned at 8:30 p.m. /s/Adrienne N. Breitfelder, City Clerk