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06 20 22 City Clerk's NotesCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 6:00 p.m. on June 20, 2022, in the second -floor CounciChambers of the Historic Federal wilding 350 W. 61h Streets Present: Mayor Cavanagh; Council Members Farber, Jones, Resnick, Roussel[, Sprank, We al; City Manager Van Milligen, City AttornevBrumwell. \ v; 4ac,I ✓ \ , Vriv,a Absent: 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 to receive an Inclusive Dubuque Quarterly Update WORK SESSION 1. Inclusive Dubuque Quarterly Update Clara Lopez Otriz, Equity Coordinator, Community Foundation of Greater Dubuque to present the Inclusive Dubuque Quarterly Report. There being no further business, Mayor Cavanagh declared the meeting adjourned at L2l p.m. CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on June 20, 2022, in the second -floor Council Chambers of the Historic Federal Building,, 350 W. 6th Street. Present: Mayor Ca anagh; Council Members Farber, Jo/es, ReZick, Ro/ussell, Spjnk, wz0al; City Manageryan Milligen, City Attorney�Brumwell. Absent: \/ 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. :- . - .. ••• •• 1- • •• • • - _e a 11-1•- - .- &161 PLEDGE OF ALLEGIANCE PROCLAMATION(S) 1. Summer Learning Week (July 10 - 16, 2022) On behalf of St. Mark's Youth Enrichment. 2. Pollinator Week Proclamation (June 19-25) On behalf of the Dubuque Sustainability Office 3. Juneteenth Celebration Day (June 20) On behalf of the Office of Equity and Human Rights +flex N onl I,jeslQy Raymond :.Black f0er.:5 Coo li lon Alex bixon 3r• AIQx Lee CONSENT ITEMS Yayq Nays Cavanagh Jones Wethal Resnick Farber Roussell Sprank 1. Minutes and Reports Submitted Board of Library Trustees Update of 5/26/22, Equity and Human Rights Commission Minutes of 3/14/22 and 5/9/22, Zoning Advisory Commission Minutes of 6/1/22, Zoning Board of Adjustment Minutes of 5/26/22, Proof of publication for City Council proceedings of 5/16. Suggested Disposition: Receive and File 2. Notice of Claims and Suits Toni Caselucio for property damage, Calvin Gatch Jr. for property damage, and Jenna Walleser for property damage and personal injury. Suggested Disposition: Receive and File; Refer to City Attorney 3. Disposition of Claims City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Toni Castelucio for Property Damage, Calvin Gatch Jr. for Property Damage, Jenna Walleser for Personal Injury and Property Damage. Suggested Disposition: Receive and File; Refer to City Attorney 4. Approval of City Expenditures City Manager recommending City Council approval for payment of City expenditures. RESOLUTION NO. 223-22 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 Suggested Disposition: Receive and File; Adopt Resolution(s) 5. Summer 2022 City Focus Magazine This 28-page publication is produced by the Public Information Office and is direct -mailed to all postal addresses within the city limits of Dubuque. The publication is available online at www.cityofdubuque.org/cityfocus and additional copies are available from the Public Information Office. 6. Dubuque Golf & Country Club Fireworks Permit City Manager recommending approval to issue a permit to the Dubuque Golf and Country Club for a fireworks display on July 4, 2022. Suggested Disposition: Receive and File; Approve 7. Jaycees Fireworks Permit Request City Manager recommending approval to issue a permit to the Dubuque Jaycees for a fireworks display on July 3, 2022. Suggested Disposition: Receive and File; Approve Ya s Nays Cavanagh Jones Wethal Resnick Farber Roussell S rank A(hCA 4- fN 8. Childcare Collaborative Efforts Update Economic Development Director Jill Connors is providing a quarterly update to City Council on the status of collaboration efforts among partners in Dubuque to address a need for sufficient quality, affordable childcare options in the community. Suggested Disposition: Receive and File 9. Proposed Amendment to Existing Master Agreement and Project Statement with Unite Private Networks (UPN.) City Manager recommending approval of an amendment to an existing Master Agreement and Project Statement in place between the City of Dubuque and Unite Private Networks (UPN). Suggested Disposition: Receive and File; Approve 10. Dubuque Area Labor Management Council - Contracted Service Agreement City Manager recommending approval of the Contracted Services Agreement with the Dubuque Area Labor -Management Council for the City's financial support for Fiscal Year 2023. Suggested Disposition: Receive and File; Approve 11. Dubuque Dream Center - Contracted Service Agreement City Manager recommending approval of the Contracted Services Agreement with the Dubuque Dream Center for the City's financial support for Fiscal Year 2023. Suggested Disposition: Receive and File; Approve 12. Dubuque Main Street - Contracted Service Agreement City Manager recommending approval of the Contracted Services Agreement with the Dubuque Main Street for the City's financial support for Fiscal Year 2023. Suggested Disposition: Receive and File; Approve 13. Fountain of Youth - Contracted Service Agreement City Manager recommending approval of the Contracted Services Agreement with The Fountain of Youth Program for the City's financial support for Fiscal Year 2023. Suggested Disposition: Receive and File; Approve 14 Greater Dubuque Development Corp - Contracted Service Agreement -wc4j � AWoo y Manager recommending approval of the Contracted Services Agreement with the Greater Dubuque Development Corp. for the City's financial support for Fiscal Year 2023. Suggested Disposition: Receive and File; Approve Qy Inclusive Dubuque - Contracted Service Agreement`�'�'�" Attorney recommending approval of the Contracted Services Agreement with Inclusive Dubuque for the City's financial support for Fiscal Year 2023. Suggested Disposition: Receive and File; Approve Ya Nays Cavana h Jones Resnick Farber Roussell S rank ftIq=,0APpro,re 16. Project H.O.P.E. - Contracted Service Agreement City Attorney recommending approval of the Contracted Services Agreement with the Community Foundation of Greater Dubuque: Project H.O.P.E. for the City's financial support for Fiscal Year 2023. Suggested Disposition: Receive and File; Approve 17. Travel Dubuque - Contracted Service Agreement City Manager recommending approval of the Contracted Services Agreement with the Travel Dubuque/Dubuque Area Convention and Visitors Bureau for the City's financial support for Fiscal Year 2023. Suggested Disposition: Receive and File; Approve, 18. FY23 Purchase of Service Grant Recommendations City Manager recommending approval of funding for the Fiscal Year 2023 Purchase of Services Grant applications as follows: Convivium Urban Farmstead, Free Community Casseroles ($25,000.00), Presentation Lantern Center, Upward Mobility Project to Empower Adult Immigrants ($25,000.00), Dubuque Dream Center, In Your Life Mentoring ($25,000.00), Friends of Fair Housing, Advocacy for Low Income Renters ($17,080.00), Crescent Community Health Center, Community Health Program to advance healthcare access and services to Black/African American community residents ($7,920.00) RESOLUTION NO. 224-22 Authorizing Execution of FY23 Purchase of Services Grant Agreements. Suggested Disposition: Receive and File; Adopt Resolution(s) 19. Dubuque Regional Humane Society Contract Renewal City Manager recommending approval a new four-year agreement with the Dubuque Regional Humane Society for contracted services related to Animal Control and to authorize the Mayor to sign the agreement. Suggested Disposition: Receive and File; Approve 20. Improvement Contracts / Performance, Payment, and Maintenance Bonds Keller North America, Inc. for the Mystique Ice Center Settlement Remediation Project. Suggested Disposition: Receive and File; Approve 21. Signed Contracts 2022 American Cruise Lines Inc. Executed Docking Agreements, 2022 American Celebration Bell Executed Docking Agreements Suggested Disposition: Receive and File Yas Nays Cavanagh Jones Wethal Resnick Farber Roussell S rank 22. ITC Midwest - Temporary Agreement Senior Counsel Barry Lindahl recommending the approval of the temporary agreement authorizing ITC Midwest, LLC to operate an electric transmission system in the City of Dubuque until the franchise agreement takes effect but no later than December 1, 2022 RESOLUTION NO. 225-22 Approving an Agreement Between the city of Dubuque and ITC Midwest, LLC to Operate an Electric Transmission System in the city of Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s) 23. Request to Convert One Maintenance Worker Position to an Assistant Horticulturalist Position for The Park Division. City Manager recommending approval of an adjustment in FTE by revising one year-round part-time Maintenance Worker position to a full-time Assistant Horticulturalist position for the Parks Division. Suggested Disposition: Receive and File; Approve 24. Request to Change One Clerical Position Within Emergency Communications Department from Part-time to Full Time City Manager recommending approval of changing the Emergency Communications Department clerical position which is currently 0.725 FTE to 1.0 FTE making it a full-time position. Suggested Disposition: Receive and File; Approve 25. Pre -Annexation Agreement - Briarwood Homeowners Association City Manager recommending approval of a pre -annexation agreement with Briarwood Homeowners Association of Dubuque County, Iowa in conjunction with their request to connect to City water and authorize the Mayor to sign the agreement on behalf of the City of Dubuque. RESOLUTION NO. 226-22 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Briarwood Homeowners Association of Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 26. Delinquent Garbage and Junk Collection Account City Manager recommending approval of the levy of special assessments for Junk and Garbage Enforcement Programs with the Health Services Department for properties enforced on from December 2021 to May 2022. RESOLUTION NO. 227-22 Adopting the Schedule of Assessments for 2022 and Directing the City Clerk to Certify the Schedule of Assessments to the County Treasurer and to Publish Notice Thereof Suggested Disposition: Receive and File; Adopt Resolution(s) Ya s Nays Cavana h Jones Wethal Resnick Farber Roussell S rank 27. Final Plat of Survey - Country View Estates Plat 3 The Zoning Advisory Commission recommending approval of the Final Plat of Country View Estates Plat 3, Country View Estates Subdivision (Northeast Corner of Hales Mill Road and Keegan Court) RESOLUTION NO. 228-22 Approving the Final Plat of Survey of: Country View Estates Plat 3, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 28. First Amendment to CDBG Subrecipient Agreement between the City of Dubuque and Dubuque Community School District City Manager recommending approval of the first amendment to the Subrecipient Agreement with the Dubuque Community School District and authorize the Mayor to execute the amendment on behalf of the City. RESOLUTION NO. 229-22 Authorizing the First Amendment to the CDBG Subrecipient Agreement Between the city of Dubuque and Dubuque Community School District. Suggested Disposition: Receive and File; Adopt Resolution(s) 29. Grant of Easement for Public Utilities over M&D Real Estate 1, LLC City Manager recommending approval of the acceptance of the Grant of Easement for Public Utilities from M & D Real Estate 1, LLC as part of the Stoneman Road Reconstruction Project. RESOLUTION NO. 230-22 Accepting a Grant of Easement for Public Utilities Through, Over and Across Part of Lot 1-1-2-1-2-2-2-2-2 of the Ne 1/4 of the NE 1/4 of Section 28, Township 89 North, Range 2 East of the 5th P.M., in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 30. Water Main Utility over Kennedy Mall Ltd. Property Grant of Easement City Manager recommending approval of the acceptance of the Grant of Easement for Water Main Utilities from Kennedy Mall, Ltd. as part of the Stoneman Road Reconstruction Project. RESOLUTION NO. 231-22 Accepting a Grant of Easement for Water Main Utility Over and Across Part of Lot 1 -1 -1 - 1-1 Of Hawkeye Stock Farm in Sections 27 and 28, Dubuque Township, in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 31. Acceptance 2022 Stump Sidewalks Project Three City Manager recommending acceptance of the construction contract for the 2022 Stumps/Sidewalks Project Three. RESOLUTION NO. 232-22 Accepting the 2022 Stumps / Sidewalks Project Three and Authorizing the Payment to the Contractor Suggested Disposition: Receive and File; Adopt Resolution(s) as Nays r Cavanagh Jones Wethal Resnick Farber Roussell S rank 32. Alcohol and Tobacco License Applications City Manager recommending approval of annual liquor, beer, wine and tobacco license applications as submitted. RESOLUTION NO. 233-22 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 RESOLUTION NO. 234-22 Approving applications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa Code Chapter 453A.47A Suggested Disposition: Receive and File; Adopt Resolution(s) ITEMS SET FOR PUBLIC HEARING 1. West 32nd SUNW Arterial Switch Homes Mozena Farms Rezoning from AG to R-1 with Conditions City Manager recommending City Council set a public hearing on July 5, 2022, at 6:30 p.m. to amend Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located between 32nd Street and Northwest Arterial (parcel 1015276004) as shown on Rezoning Exhibit A from AG Agriculture District to R-1 Single -Family Residential with Conditions. RESOLUTION NO. 235-22 Setting a Public Hearing on Amending Title 16 of the city of Dubuque Code of Ordinances, Unified Development Code, by Reclassifying Hereinafter Described Property Located Between 32nd Street and Northwest Arterial (Parcel 1015276004) as Shown on Rezoning Exhibit A from AG Agriculture District to R-1 Single -Family Residential with Conditions Suggested Disposition: Receive and File, Adopt Resolution(s), Set Public Hearing for July 5, 2022 at 6:30 p.m. Ya Nays Cavanagh Jones Wethal Resnick Farber Roussell S rank BOARDS/COMMISSIONS 1 Boards and Commission Applicant Review Applicants are invited to address the City Council regarding their desire to serve on the following Boards/Commissions. Applicant appointments will be made at the next City Council meeting. Zoning Advisory Commission One, 3-Year term through July 1, 2025 (Expiring term of Mulligan) Applicant: Matthew Mulligan, 1167 Hunters Rdg. This commission is subject to the State of Iowa gender Balance Law, 7 Commissioners total; Currently 1 male / 3 females / 3 openings 2. Boards and Commission Appointments Appointments to the following commissions to be made at this meeting. Arts and Cultural Affairs Advisory Commission Four, 3-Year terms through June 30, 2025 (Expiring terms of Levasseur, Decker, Riedel, and Halder) Applicants: IMMON 2. MAYORAL APPOINTMENT Board of Library Trustees Two, 4-Year terms through July 1, 2026 (Expiring terms of Kramer and Poggemiller) Applicants: Andrew Bland, 1227 Timber Hyrst Court A. Alanda Gregory, 653 White St. Nicole Klar, 2437 Matthew John Dr. - Application pulled per applicant request This commission is subject to the State of Iowa gender Balance Law. 7 Commissioners total; Currently 3 males / 2 females / 2 openings Ya s Nays Cavanagh Jones Wethal Resnick Farber Roussell S rank 3. Civic Center Advisory Commission Three, 3-Year terms through June 29, 2025 (Expiring terms of Blau, Christner, and Bakke) Applicants: �WA�, �� 4. Equity and Human Rights Commission One, 3-Year term through January 1, 2023 (Vacant term of Gardiner) Two, 3-Year terms through January 1, 2024 (Vacant terms of Merfeld and McCarthy) One, 3-Year term through January 1, 2025 (Vacant term of Grant) Applicants: Carla Anderson, 1131 Main St. Pamela Birch, 1550 Butterfields Dr. Janelle Branch, 325 YZ West 1 st St. Yindra Dixon, 251 Hidden Oaks Ct. Aali ah Herrion, 2761 Broadway St. Kristen Leffler, 159 Julien Dubuque Dr. Lauren Link, 535 West 5th St. Candace Raymond, 1155 Tressa St Nina Streauslin, 3904 Cora Dr. Nichole Weber, 535 South Grandview Ave. This commission is subject to the State of Iowa gender Balance Law. 9 Commissioners total; Currently 3 males / 2 females / 4 openings One, 3-Year term through January 1, 2023 (Vacant term of Gardiner) Carla Anderson Pamela Birch Janelle Branch Yindra Dixon Aaliyah Herrion Kristen Leffler Lauren Lin Candace Ra mond Nina Streauslin Nichole Weber Cav Jones Wethal Resnick Farber Roussel] Sp rank Total Two, 3-Year terms through January 1, 2024 (Vacant terms of Merfeld and McCarthy) Carla Anderson Pamela Birch Janelle Branch Yindra Dixon Aaliyah Herrion Kristen Leffler Lauren Link Candace Raymond Nina Streauslin Nichole Weber Cav Jones Wethal Resnick Farber Roussel] S rank Total One, 3-Year term through January 1, 2025 (Vacant term of Grant) Carla Anderson Pamela Birch Janelle Branch Yindra Dixon Aaliyah Herrion Kristen Leffler Lauren Link Candace Raymond Nina Streauslin Nichole Weber Cav Jones Wethal Resnick Farber Roussell S rank Total 5. Historic Preservation Commission Two, 3-Year terms through July 1, 2025 (Expiring terms of Stuter; West 11th District and Esser; Jackson Park District) Applicants: Janice Esser, 1072 Locust St. (Qualifies as Jackson Park District Representative) Rick Stuter, 1296 Prairie St. (Qualifies as West 11th District Representative) This commission is subject to the State of Iowa gender Balance Law. 9 Commissioners total; Currently 4 males / 3 females / 2 openings Ya Nays Cavanagh Jones Wethal Resnick Farber a Roussell S rank Yas Nays Cavana h Jones Wethal Resnick Farber Roussell S rank Esser -b 54uler 6. Investment Oversight Advisory Commission One, 3-Year term through July 1, 2025 (Expiring term of Merritt) Applicant: Joshua Merritt, 2454 Pennsylvania Ave. Ya Nays Cavanagh Jones Wethal Resnick Farber Roussell S rank 7. Park and Recreation Advisory Commission Three, 3-Year terms through June 30, 2025 (Expiring terms of Werner, McCoy, and Wood) Applicants: 8. Resilient Community Advisory Commission One, 3-Year term through July 1, 2025 (Expiring term of Kohlhaas) Applicant: Sandra Evans, 1276 South Grandview Avenue Ya s Nays Cavanagh Jones Wethal Resnick Farber Roussell S rank PUBLIC HEARINGS 1, State Revolving Fund (SRF) Environmental Review Applications for Old Mill Road Lift Station and Force Main project, Granger Creek Sanitary Sewer System, and Water System Improvements Proof of Publication on notice of public hearing to consider State Revolving Fund (SRF) Environmental Review Applications for Old Mill Road Lift Station and Force Main project, Granger Creek Sanitary Sewer System, and Water System Improvements and City Manager recommending approval. RESOLUTION NO. 236-22 Approval of Environmental Review as Provided by State Revolving Fund (SRF) Loan - Environmental Review Old Mill Road Lift Station and Force Main Project, Granger Creek Sanitary Sewer System Improvements, and Water System Improvements 2022 Suggested Disposition: Receive and File; Adopt Resolution(s) Ya Nays Cavanagh Jones Wethal Resnick Farber Roussell S rank PUBLIC INPUT I yan Sem�, �ub4JUe Cnn4cr cF "ommert" Adc 'n em I pu6k All older receive (npu- rdv� ed to R-I rezon:nJ � * 611) be InC�udeci Ole �Wlc he" VII GroVcr, bubug e c6mber, bt I �� .vr oUG 4 Aft alLaAl i 4 ark„ I i-� tom. U Er>r, 4(-/, )736 T,ffQviy Cf., a., �, , # �, a I ik�44 ACTION ITEMS 1. Request to Rezone West 32nd St/NW Arterial Switch Homes Mozena Farms Rezoning from AG to R-4 8666hd=Readi g Zoning Advisory Commission recommending approval of the request from Rob Decker to rezone property located Between 32nd Street and Northwest Arterial (Parcel 1015276004) from AG Agriculture District to R-4 Multi Family Residential District. ORDINANCE Amending Title 16 of the city of Dubuque Code of Ordinances, Unified Development Code, by Reclassifying Hereinafter Described Property Located Between 32nd Street and Northwest Arterial (Parcel 1015276004) from AG Agriculture District to R-4 Multi - Family Residential District as Shown on Rezoning Exhibit A Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readin s Yas Nas Cavana h Jones Wethal Resnick Farber Roussell S rank Final Reading and Adopt Yas Nays Cavanagh Jones Wethal Resnick Farber Eoussell rank 2. Five Flags Civic Center Performance Update Presentation Five Flags General Manager HR Cook to present on the annual report of activities and financials related to the Five Flags Civic Center. Suggested Disposition: Receive and File; Presentation Ya Nays -Cavanagh Jones Wethal Resnick Farber Roussell S rank 3. National Disaster Resiliency Competition (NDRC) Bee Branch Healthy Homes Resiliency Project Close -Out and Accomplishments Housing & Community Development Director Alexis Steger is sharing information for the National Disaster Resiliency Competition (NDRC) Bee Branch Healthy Homes Resiliency Project Close -Out. Suggested Disposition: Receive and File; Presentation Ya Nays Cavanagh Jones Wethal Resnick Farber Roussel[ S rank 4. 2022 Emerald Ash Borer Community Forestry Grant Award City Manager providing notification of the receipt of the Iowa Department of Natural Resources Community Forestry Grant award. Suggested Disposition: Receive and File; Approve Ya s Nays Cavanagh Jones Wethal Resnick Farber f Rousse S rank =- A skal n from vo� L/C i"vo)v%d Wbubujue Trees Fever 5. "Delivering Dubuque" Video Series: Episodes One and Two Media Services will show episodes one and two of the "Delivering Dubuque" video series. "Delivering Dubuque" is a new video series produced by the City's Public Information Office staff that takes a look at meaningful investments and initiatives that are bringing about positive change in our community. Link to Episode One: https:Hyoutu.be/A]Gholwblug Link to Episode Two: https://youtu.be/IvByG-sF1 PE Suggested Disposition: Receive and File; Video Yays Nays Cavanagh Jones Wethal Resnick Farber a. Roussell S rank 6. Congratulations Class of 2022 Video Media Services will show a video congratulating the Class of 2022 graduates. Link to video: https:Hyoutu.be/VDm43Jw-fpY Suggested Disposition: Receive and File; Video Nays I lRoussell i all S rank / ��!! %%'' COUNCIL `MEMBER REPORTS �4X�J ytn & a ,pcfir� ./1/I.0 -tjtr u � j ti,e,� /�z & :mv�, ,4A �. CLOSED SESSION Purchase or Sale of Real Estate — Chapter 21.5(1)(j) Code of Iowa Motion for closed session @ 3 � p.m. Mayor Cavanagh stated for the record that the attorney who wil consult with City Council on the issues to be discussed in the closed session is Bramwell W Reconvene in open session @ �1�3p.m. ADJOURNMENT @ , 3 —1 p.m. al 0 0 -S -0� { � 6 / _ // pt e V // vy 1 ' Y-"c/ / /NOW ... � Ad,,on 11" #) P e II 4-iw _ al, I F' SIdVA IV /I Yaw6 6 U _ V ' fh