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06 20 22 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 6:00 p.m. on June 20, 2022, in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6 th Street. Present: Mayor Cavanagh; Council Members Farber, Jones, Resnick, Roussell, Sprank, Wethal (attended via phone); City Manager Van Milligen (attended via phone), City Attorney Brumwell. Mayor Cavanagh read the call and stated this is a special session of th e City Council called for the purpose of conducting a work session to receive an Inclusive Dubuque Quarterly Update. WORK SESSION INCLUSIVE DUBUQUE QUARTERLY UPDATE Clara Lopez Otriz, Equity Coordinator, and Alex Baum, Director of Initiatives, of the Community Foundation of Greater Dubuque presented the Inclusive Dubuque Quarterly Report. The presenters responded to questions from the City Council following their presentation. There being no further business, Mayor Cavanagh declared the meeting adjou rned at 6:29 p.m. /s/Adrienne N. Breitfelder, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on June 20, 2022, in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Cavanagh; Council Members Farber, Jones, Resnick, Roussell, Sprank, Wethal (attended via phone); City Manager Van Milligen (attended via phone), City Attorney Brumwell. Mayor Cavanagh read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PROCLAMATION(S) 1. Summer Learning Week (July 10 - 16, 2022) was accepted by Beth McGorry, Director of Donor Relations, on behalf of St. Mark's Youth Enrichment. 2. Pollinator Week Proclamation (June 19-25, 2022) was accepted by Sustainability Coordinator Gina Bell on behalf of the City of Dubuque Sustainability Office. 3. Juneteenth Celebration Day (June 20, 2022) was accepted by Alex Dixon, Alex Lee, Wesley Raymond, and Alex Dixon Jr. on behalf of the Black Men’s Coalition. CONSENT ITEMS Council Member Wethal requested Item No. 15 be held for separate discussion. Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated except for Item No. 15. Seconded by Roussell. Motion carried 7-0. After discussion began on Item No. 15, it was confirmed that Council Member Wethal had intended to hold Item No. 14 for separate discussion. Council Member Resnick amended his motion to receive and file the documents, adopt the resolutions, and dispose of as indicated except for Item No. 14. Roussell seconded the amendment. 1. Minutes and Reports Submitted: Library Board of 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 5/16/22. Upon motion the documents were received and filed. 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. 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: Toni Castelucio for Property Damage, Calvin Gatch Jr. for Property Damage, Jenna Walleser for Personal Injury and Property Damage. Upon motion the documents were received, filed, and referred to the City Attorney. 4. Approval of City Expenditures: Upon motion the documents were received and filed, and 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 was adopted. 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 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 Director-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 receipts and disbursements to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 20th day of June, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Summer 2022 City Focus Magazine: Upon motion the documents were received and filed. 6. Dubuque Golf & Country Club Fireworks Permit: City Manager recommended approval to issue a permit to the Dubuque Golf and Country Club for a fireworks display on July 4, 2022. Upon motion the documents were received, filed, and approved. 7. Jaycees Fireworks Permit Request: City Manager recommended approval to issue a permit to the Dubuque Jaycees for a fireworks display on July 3, 2022. Upon motion the documents were received, filed, and approved. 8. Childcare Collaborative Efforts Update: Upon motion the documents were received and filed. 9. Proposed Amendment to Existing Master Agreement and Project Statement with Unite Private Networks (UPN.): Upon motion the documents were received, filed, and approved. 10. Dubuque Area Labor Management Council - Contracted Service Agreement: Upon motion the documents were received, filed, and approved. 11. Dubuque Dream Center - Contracted Service Agreement: Upon motion the documents were received, filed, and approved. 12. Dubuque Main Street - Contracted Service Agreement: Upon motion the documents were received, filed, and approved. 13. Fountain of Youth - Contracted Service Agreement: Upon motion the documents were received, filed, and approved. 14. Greater Dubuque Development Corp - Contracted Service Agreement: Council Member Wethal announced that she was abstaining from voting on this item due to her family relationship with Greater Dubuque Development Corporation President and CEO Rick Dickinson. Motion by Resnick and receive and file the documents and approve the agreement. Seconded by Jones. Motion carried 6-0 with abstention from Wethal. 15. Inclusive Dubuque - Contracted Service Agreement: Upon motion the documents were received, filed, and approved. 16. Project H.O.P.E. - Contracted Service Agreement: Upon motion the documents were received, filed, and approved. 17. Travel Dubuque - Contracted Service Agreement: Upon motion the documents were received, filed, and approved. 18. FY23 Purchase of Service Grant Recommendations: Upon motion the documents were received and filed, and Resolution No. 224-22 Authorizing Execution of FY23 Purchase of Services Grant Agreements was adopted. RESOLUTION NO. 224-22 AUTHORIZING EXECUTION OF FY23 PURCHASE OF SERVICES GRANT AGREEMENTS Whereas, the following non-profit organizations prepared and submitted requests to provide support for human service programs in the City of Dubuque: • Convivium Urban Farmstead • Presentation Lantern Center • Dubuque Dream Center • Friends of Fair Housing (c/o Dubuque Rescue Mission) • Crescent Community Health Center; and Whereas, the City Council approved the Fiscal Year 2023 budget that included the Purchase of Services allocation; and Whereas, the submissions have been approved by the Community Development Advisory Commission on May 25, 2022; and Whereas, all services provided will be to a minimum of 51% low/moderate income residents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Funding Approval/Agreements, authorized by the Community Development Advisory Commission beginning July 1, 2022 for Purchase of Services Grants to the aforementioned organizations 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 20th day of June 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 19. Dubuque Regional Humane Society Contract Renewal: Upon motion the documents were received, filed, and approved. 20. Improvement Contracts / Performance, Payment, and Maintenance Bonds: Keller North America, Inc. for the Mystique Ice Center Settlement Remediation Project. Upon motion the documents were received, filed, and approved. 21. Signed Contracts: 2022 American Cruise Lines Inc. Executed Docking Agreements, 2022 American Celebration Bell Executed Docking Agreements. Upon motion the documents were received and filed. 22. ITC Midwest - Temporary Agreement: Upon motion the documents were received and filed, and 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 was adopted. 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 Whereas, the City of Dubuque, Iowa (City) and ITC Midwest, LLC (ITC Midwest) have tentatively entered into an Agreement for the operation of an electric transmission system in the City of Dubuque until such time as City and ITC Midwest finalize a franchise agreement to operate the system; and Whereas, the City Council finds that it is in the best interests of the City of Dubuque to approve the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The attached Agreement is hereby approved. Section 2. The City Manager is authorized and directed to sign the Agreement on behalf of the City of Dubuque. Passed, approved, and adopted this 20th day of June, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 23. Request to Convert One Maintenance Worker Position to an Assistant Horticulturalist Position for The Park Division: Upon motion the documents were received, filed, and approved. 24. Request to Change One Clerical Position Within Emergency Communications Department from Part-time to Full Time: Upon motion the documents were received, filed, and approved. 25. Pre-Annexation Agreement - Briarwood Homeowners Association: Upon motion the documents were received and filed, and Resolution No. 226-22 Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and Briarwood Homeowners Association of Dubuque County, Iowa was adopted. RESOLUTION NO. 226-22 APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND BRIARWOOD HOMEOWNERS’ ASSOCIATION OF DUBUQUE COUNTY, IOWA Whereas, Briarwood Homeowners Association of Dubuque County, Iowa , the owner of the following described property located at Briarwood Drive, Southwood Court, and Reagan Court 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: The Northerly Eighty feet (80’) of all that part of Lot One (1) of Southwest Quarter of Northwest Quarter (SW ¼ NW ¼) lying East of Duggan Road, and the Northerly Eighty feet (80’) of the Southeast Quarter of the Northwest Qu arter (SE ¼ NW ¼) all in Section Twelve (12), Township 88 North, Range One (1) East of the Fifth P.M., according to the United States Government Survey and the recorded plats thereof, subject to highway and easements of record, and Briarwood Drive, Reagan Court, Southwood Court, Briarwood Subdivision, Dubuque County, Iowa; and Whereas, Briarwood Homeowners Association of Dubuque County, Iowa has entered into a Memorandum of Agreement with the City of Dubuque to connect Briarwood’s water distribution system to the City of Dubuque’s water system; and Whereas, as a condition of connecting to the City of Dubuque’s water system a pre - annexation agreement is required to be signed by the Briarwood Homeowners Association of Dubuque County, Iowa; and Whereas, Briarwood Homeowners Association of Dubuque County, Iowa 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 Briarwood Homeowners Association of Dubuque County, Iowa and the City of Dubuque is hereby approved. Passed, approved, and adopted this 20th day of June 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 26. Delinquent Garbage and Junk Collection Account: Upon motion the documents were received and filed, and 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 was adopted. 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 TRE ASURER AND TO PUBLISH NOTICE THEREOF NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOW A: Section 1. That after full consideration of the Schedule of Assessments attached hereto for junk/garbage removal tax assessments which Schedule of Assessments was filed in the office of the City Clerk on the 20th of June 2022, the said Schedule of Assessments be and the same is hereby approved and adopted. Section 2. That there be and is hereby assessed and levied as a lien upon the real property, the respective sums indicated. Section 3. That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week f or two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the final schedule. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided and directed in Iowa Code § 384.60. Section 4. T he assessments may be paid in full or in part without interest at the Health Services Department, 1300 Main Street, Dubuque, Iowa, at any time within 30 days after the date of the f irst publication of the notice of the filing of the Schedule of Assessments with the County Treasurer. After 30 days, unpaid assessments are payable at the County Treasurer’s Off ice, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and charges shall be collected in the same manner as general property taxes against the respective parcels of the property set opposite the name of the property owner. Passed, approved, and adopted this 20th day of June, 2022 Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk Schedule of Assessments Junk/Garbage Enforcement Programs Location; Owner; Parcel #; Amount; Category Property Address: 2302 Garfield; Owner: Audrey Bergfeld 2302 Washington St Dubuque IA 52001; Parcel: 1013460033; Total Assessed: $475.00; Junk/Garbage 27. Final Plat of Survey - Country View Estates Plat 3: Upon motion the documents were received and filed, and Resolution No. 228-22 Approving the Final Plat of Survey of: Country View Estates Plat 3, Dubuque County, Iowa was adopted. RESOLUTION NO. 228-22 APPROVING THE FINAL PLAT OF SURVEY OF: COUNTRY VIEW ESTATES PLAT 3, DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Survey: Country View Estates Plat 3, Dubuque County, Iowa that is within the City’s 2-mile extraterritorial jurisdiction; and Whereas, said Final Plat provides for a 9.87-foot street frontage for non-buildable Lot A, where 50-foot of street frontage is required by Section 5 -2 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code; and Whereas, said Final Plat of Survey has been examined by the Zoning Advisory Commission and its approval has been endorsed thereon; and Whereas, said Final Plat of Survey 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 Section 5-2 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is waived to allow a 9.8 feet of street frontage for non -buildable Lot A. Section 2. That the City Council hereby waives Sections 11-20 Water Supply, 11-21 Sanitary Sewer, 11-23 Obligation to Install Improvements, and 11-24 Improvement Guarantees. Section 3. That the Final Plat of Country View Estates Plat 3, 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, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing : a) To construct private street improvements in accordance with improvement plans approved by Dubuque County and certified upon completion by a professional engineer licensed by the State of Iowa. b) To maintain the private street improvements constructed as part of Country View Estates until such time as a homeowners’ association is formed and is responsible for maintenance of the same. Section 4. That in the event that Hales Mill Development, LLC. fails to execute the acceptance within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the approval of the plat shall not be effective. Passed, approved, and adopted this 20th day of June 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 28. First Amendment to CDBG Subrecipient Agreement between the City of Dubuque and Dubuque Community School District: Upon motion the documents were received and filed, and Resolution No. 229-22 Authorizing the First Amendment to the CDBG Subrecipient Agreement Between the city of Dubuque and Dubuque Community School District was adopted. RESOLUTION NO. 229-22 AUTHORIZING THE FIRST AMENDMENT TO THE CDBG SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF DUBUQUE AND DUBUQUE COMMUNITY SCHOOL DISTRICT Whereas, the City of Dubuque and Dubuque Rescue Mission entered into a CDBG Subrecipient Agreement dated March 21, 2022 with respect to the matters specified therein for the archaeological survey and planning costs; and Whereas, the parties desire to modify the Subrecipient Agreement as set out in the First Amendment to the Subrecipient Agreement attached hereto; and Whereas, the Dubuque Community School District Lincoln Wellness Project provides services to low- to moderate-income areas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the First Amendment to the CDBG Subrecipient Agreement be approved. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute said Amendment on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 20th day of June 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 29. Grant of Easement for Public Utilities over M&D Real Estate 1, LLC : Upon motion the documents were received and filed, and 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 was adopted. 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 Whereas, M & D Real Estate 1, LLC has executed 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. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grant of Easement for 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 as shown on the Grant of Easement for Public Utilities, from M & D Real Estate 1, LLC, a copy of which is attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and ack nowledge on behalf of the City of Dubuque any instruments in connection herewith. Section 3. The City Clerk is hereby authorized to and directed to record this resolution and Grant of Easement for Public Utilities with the Dubuque County Recorder. Passed, approved, and adopted this 20th day of June, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 30. Water Main Utility over Kennedy Mall Ltd. Property Grant of Easement : Upon motion the documents were received and filed, and 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 was adopted. 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 Whereas, Kennedy Mall, Ltd. has executed a Grant of Easement for Water Main Utility through, 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. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts, and consents to the Grant of Easement for Water Main Utility through, over and across part of Lot 1-1-1-1-1 of Hawkeye Stock Farm in Sections 27 and 28, Dubuque T ownship, in the City of Dubuque, Dubuque County, Iowa, as shown on the Grant of Easement for Public Utilities, from Kennedy Mall, Ltd., a copy of which is attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Section 3. The City Clerk is hereby authorized to and directed to record this resolution and Grant of Easement for Water Main Utility with the Dubuque County Recorder. Passed, approved, and adopted this 20th day of June, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 31. Acceptance 2022 Stump Sidewalks Project Three : Upon motion the documents were received and filed, and Resolution No. 232-22 Accepting the 2022 Stumps / Sidewalks Project Three and Authorizing the Payment to the Contractor was adopted. RESOLUTION NO. 232-22 ACCEPTING THE 2022 STUMPS / SIDEWALKS PROJECT THREE AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the 2022 Stumps / Sidewalks Project THREE, (the Project) has been completed by the Contractor, Quality Concrete, (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 $144,470.69; and Whereas, the Contractor has previously been paid $137,247.15, leaving a balance of $7,223.54; 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 $7,223.54 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 20th day of June 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE 2022 STUMPS / SIDEWALKS PROJECT THREE The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 2022 Stumps / Sidewalks Project Three has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $158,917.76. Dated this 10th day of June 2022. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 10th day of June 2022. /s/ Adrienne N. Breitfelder, City Clerk 32. Alcohol and Tobacco License Applications: Upon motion the documents were received and filed, and 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 ; and Resolution No. 234-22 Approving applications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa Code Chapter 453A.47A were adopted. 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 W hereas, applications for Beer, Liquor, and or W ine Permits have been submitted and filed with the City Council for approval, and the same have been examined, provisionally approved, and/or approved; and W hereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City, and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOW A THAT: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: Renewals 1st & Main, 101-113 Main St. Applebee's Neighborhood Grill and Bar, 1395 Associates Dr. Catfish Charlie's, 1630 East 16th St. General Store House of China Co, 170 John F Kennedy Rd. Kwik Stop #86 - Formally Keywest Conoco, 2150 Twin Valley Dr. Kwik Stop C-Stores, 2335 University Ave. The Lift, 180 Main St. Vinny Vanucchis Little Italy, 164 Main St. Walnut Tap Tavern, 709 University Ave. Special Event(s) per Special Event Application Submittal Shenanigans, 6-24-22 to 6-29-22, 3203 Jackson St. back alley behind the bar and Jackson St. from 32nd to Milwaukee St. Dubuque Museum of Art, 6-24-22 to 6-29-22, 700 Locust St., 7th St. between Bluff and Locust Sts. and Washington Park Adding A Privilege Dubuque Museum of Art: 6-24-22 to 6-29-22, 700 Locust St. Provisional Issuances Hilton Garden Inn & Q casino & Houilan’s Premise Update from 6-17-22 to 9-18-22, 1801 and 1855 Greyhound Park Dr. Passed, approved, and adopted this 20th day of June 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 234-22 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 CI TY 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. BP Fuel, 1450 Loras Blvd. Central Grocery and Beauty Inc., 1572 Central Ave. Family Dollar #21599, 2013 Central Ave #4 Family Dollar #32889, 2600 Dodge St. Suite B1 Passed, approved, and adopted this 20th day of June 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Roussell to receive and file the documents, adopt the resolutions, and set the public hearings as indicated. Seconded by Farber. Motion carried 7-0. 1. West 32nd St/NW Arterial Switch Homes Mozena Farms Rezoning from AG to R-1 with Conditions: Upon motion the documents were received and filed and 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 was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 5, 2022 in the Historic Federal Building. 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 Whereas, on June 6, 2022, the City Council during a public hearing on rezoning the property located between 32nd Street and Northwest Arterial (Parcel 1015276004) from AG Agricultural to R-1 Single-Family and R-4 Multi-Family Residential approved a motion to separate the rezonings into two ordinances; and Whereas, on June 6, 2022, the City Council during a public hearing approved a motion to require a traffic study as a condition of rezoning the portion of the property from AG Agriculture to R-1 Single-Family Residential; and Whereas, pursuant to the Iowa Code Section 414.5, and as a condition of rezoning of the property, the property owner must agree to conditions in writing prior to a public hearing; and Whereas, a public hearing is required for rezoning of the property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: A public hearing will be held on the 5th day of July, 2022, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against to rezone property located between 32nd Street and Northwest Arterial (Parcel 1015276004) as shown on Rezoning Exhibit A from AG Agricultural to R-1 Single-Family Residential with conditions to allow for a single-family residential development, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa. Passed, approved, and adopted this 20th day of June 2022. Brad M. Cavanagh, 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. 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. Appointments were made to the following boards/commissions. Arts and Cultural Affairs Advisory Commission: Four, 3-Year terms through June 30, 2025 (Expiring terms of Levasseur, Decker, Riedel, and Halder). Applicants: Shirley Davis-Orwoll, 2635 West 32nd St.; Doug Donald, 2920 Arbor Oaks Ct.; Ali Levasseur, 1318 Jackson St.; Nick Halder, 876 S. Grandview Ave.; Aaliyah Herrion, 2761 Broadway St.; Susan Riedel, 282 Kelly’s Bluff; Brianna Thompson, 1691 Main St.; Miles Turner, 1129 Center Pl. Upon roll call vote, Ms. Davis-Orwoll, Mr. Donald, Mr. Halder, and Ms. Riedel were appointed to the three-year terms through June 30, 2025. Ms. Davis-Orwoll received five votes (Jones, Resnick, Farber, Roussell, Sprank); Mr. Donald received four votes (Cavanagh, Jones, Farber, Sprank); Ms. Levasseur received two votes (Cavanagh, Wethal); Mr. Halder received five votes (Cavanagh, Wethal, Resnick, Farber, Roussell); Ms. Herrion received two votes (Cavanagh, Resnick); Ms. Riedel received five votes (Jones, Wethal, Resnick, Farber, Roussell); Ms. Thompson received three votes (Jones, Wethal, Sprank); and Mr. Turner received two votes (Roussell, Sprank). Library Board of 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. Upon City Council concurrence, Mayor Cavanagh appointed Mr. Bland and Ms. Gregory to the four-year terms through July 1, 2026. Civic Center Advisory Commission: Three, 3-Year terms through June 29, 2025 (Expiring terms of Blau, Christner, and Bakke). Applicants: Rob Bakke, 3030 Karen St.; Brenda Christner, 655 Florence St.; Peter Gaul, 2021 Ellen St.; McKenzie Blau, 1548 Pego Ct. Upon roll call vote, Mr. Bakke, Ms. Christner, and Ms. Blau were appointed to the three-year terms through June 29, 2025. All three applicants received seven votes from City Council, respectively. 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 ½ West 1st St.; Yindra Dixon, 251 Hidden Oaks Ct.; Aaliyah 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. Upon roll call vote, Ms. Dixon was appointed to the three-year term through January 1, 2023. Ms. Link received one vote (Cavanagh) and Ms. Dixon received the remaining six votes. Upon roll call vote, Ms. Branch and Ms. Herrion were appointed to the three-year terms through January 1, 2024. Ms. Anderson received two votes (Wethal, Resnick); Ms. Branch received six votes (Cavanagh, Jones, Wethal, Farber, Roussell, Sprank); Ms. Herrio n received five votes (Jones, Resnick, Farber, Roussell, Sprank); and Ms. Link received one vote (Cavanagh). Upon roll call vote, Ms. Anderson was appointed to the three-year term through January 1, 2025. Ms. Anderson received four votes (Jones, Wethal, Resnick, Roussell) and Ms. Link received three votes (Cavanagh, Farber, Sprank). 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 Motion by Jones to appoint Ms. Esser and Mr. Stuter to the three-year terms through July 1, 2025. Seconded by Roussell. Motion carried 7-0. Investment Oversight Advisory Commission: One, 3-Year term through July 1, 2025 (Expiring term of Merritt). Applicant: Joshua Merritt, 2454 Pennsylvania Ave. Motion by Roussell to appoint Mr. Merritt to the three-year term through July 1, 2025. Seconded by Sprank. Motion carried 7-0. Park and Recreation Advisory Commission: Three, 3-Year terms through June 30, 2025 (Expiring terms of Werner, McCoy, and Wood). Applicants: Gilbert Baca, 830 Southern Ave.; Josh Jorgenson, 3030 Judson Crt. (Additional Applicant); Lori Ollendick, 1390 Oak Park Pl.; Hobie Wood, 65 Cambridge Ct. Upon roll call vote, Mr. Baca, Ms. Ollendick, and Mr. Wood were appointed to the three-year terms through June 30, 2025. Mr. Baca received six votes (Jones, Wethal, Resnick, Farber, Roussell, Sprank); Mr. Jorgenson received three votes (Cavanagh, Roussell, Sprank); Ms. Ollendick received five votes (Cavanagh, Jones, Wethal, Resnick, Farber); and Mr. Wood received all seven votes. Resilient Community Advisory Commission: One, 3-Year term through July 1, 2025 (Expiring term of Kohlhaas). Applicant: Sandra Evans, 1276 South Grandview Ave. Motion by Jones to appoint Ms. Evans to the three-year term through July 1, 2025. Seconded by Resnick. Motion carried 7-0. 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: Motion by Resnick to receive and file the documents and adopt 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. Seconded by Farber. Motion carried 7-0. 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 Whereas, public notification of the hearing was advertised on May 20, 2022, 30 days prior to the public hearing per SRF IDNR requirements; and Whereas, the environmental review documents as provided by SRF’s Department of Natural Resources for the Old Mill Road Lift Station and Force Main Project, Granger Creek Sanitary Sewer System Improvements, and Water System Improvements 2022, were available for public viewing; and Whereas, a public hearing was held on the 20th day of June 2022, at 6:30 p.m. in the Historic Federal Building Council Chambers (and/or by virtual means) 350 W. 6th Street, Dubuque, Iowa, at which time interested persons appeared and heard for or against the proposed environmental review of said Project; and Whereas, a discussion was held on the environmental impacts of said project; and Whereas, a transcript of the public hearing and a summary of public comments will be available for public review. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the environmental review as provided by SRF’s Department of Natural Resources for the Old Mill Road Lift Station and Force Main Project, Granger Creek Sanitary Sewer System Improvements, and Water System Improvements 2022, is hereby approved and staff is directed to submit the required documentation to SRF, Iowa Department of Natural Resources Passed, adopted, and approved this 20th day of June 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk PUBLIC INPUT Molly Grover, President and CEO of the Dubuque Area Chamber of Commerce; and Rick Dickinson, President and CEO of Greater Dubuque Development Corporation; respectively provided input related to Action Item No. 1, stating the importance of community growth and having adequate housing options. City Clerk Breitfelder stated that input was received by Ryan Sempf of the Dubuque Area Chamber of Commerce related to Action Item No. 1. All other input received was related to Item Set for Public Hearing No. 1, and therefore will be submitted for the public hearing. ACTION ITEMS 1. Request to Rezone West 32nd St/NW Arterial Switch Homes Mozena Farms Rezoning from AG to R-4: 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. City Council Members expressed their support for the zoning change. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 22-22 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. Seconded by Sprank. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 22-22 MENDING 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 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 reclassifying the hereinafter –described property from AG Agriculture District to R-4 Multi-Family Residential District as shown on Rezoning Exhibit A, to wit: A portion of Mozena Farm South all in the City of Dubuque, Dubuque County, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved, and adopted this 20th day of June, 2022. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 24th day of June, 2022. /s/Adrienne N. Breitfelder, City Clerk 2. Five Flags Civic Center Performance Update Presentation: Motion by Roussell to receive and file the documents and view the presentation. Seconded by Sprank. Five Flags General Manager HR Cook made a presentation and responded to questions from the City Council on regional competition and the facilities’ needs. Motion carried 7-0. 3. National Disaster Resiliency Competition (NDRC) Bee Branch Healthy Homes Resiliency Project Close-Out and Accomplishments: Motion by Resnick to receive and file the documents and view the presentation. Seconded by Sprank. Housing & Community Development Director Alexis Steger made a presentation. City Council Members commended city staff for their efforts and the successful outcomes of the project. Motion carried 7-0. 4. 2022 Emerald Ash Borer Community Forestry Grant Award: Motion by Resnick to receive and file the documents and approve the grant award. Seconded by Jones. Council Member Roussell announced that she would abstain from voting due to her role in the Dubuque Trees Forever organization, which completed the grant application. Motion carried 6-0 with abstention from Roussell. 5. "Delivering Dubuque" Video Series: Episodes One and Two: Motion by Farber to receive and file the information and view the videos. Seconded by Roussell. Media Services showed episodes one and two of the "Delivering Dubuque" video series. Link to Episode One: https://youtu.be/AIGho1wb1ug; Link to Episode Two: https://youtu.be/lvByG-sF1PE. Motion carried 7-0. 6. Congratulations Class of 2022 Video: Motion by Resnick to receive and file the information and view the video. Seconded by Sprank. Media Services showed a video congratulating the Class of 2022 graduates. Link to video: https://youtu.be/VDm43Jw-fpY. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Sprank reported on attending the Juneteenth celebration held over t he weekend and on the Pride picnic occurring this upcoming Saturday. Council Member Jones commended Dubuque County Sheriff Joe Kennedy and the Dubuque County Board of Supervisors for looking into hiring a social worker for the Dubuque County Jail. Council Member Resnick reported on the recent passing of Council Member Jones mother. CLOSED SESSION Motion by Jones to convene in closed session at 8:39 p.m. to discuss Purchase or Sale of Real Estate – Chapter 21.5(1)(j) Code of Iowa. Seconded by Resnick. Mayor Cavanagh stated for the record that the attorney who will consult with City Council on the issues to be discussed in the closed session is City Attorney Brumwell. Motion carried 7-0. The City Council reconvened in open session at 9:33 p.m. stating that staff had been given proper direction. There being no further business, Mayor Cavanagh declared the meeting adjourned at 9:34 p.m. /s/Adrienne N. Breitfelder, City Clerk