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Minutes_City Council Proceedings 06.20.22City of Dubuque Consent Items # 01. City Council Meeting ITEM TITLE: Minutes and Reports Submitted SUMMARY: SUGGESTED DISPOSITION: ATTACHMENTS: Description Copyrighted July 5, 2022 City Council proceedings of 6/06/22, 06/20/22, and 06/27/22; Five Flags Civic Center Advisory Commission of 6/27/22; Proof of publication for City Council proceedings of 6/6/22. Suggested Disposition: Receive and File City Council proceedings of 6/06/22 City Council proceedings of 6/20/22 City Council proceedings of 6/27/22 Five Flags Civic Center Commission Minutes of 6/27/22 Proof of Publication for City Council proceedings of 6/6/22 Type Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation CITY 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 Council Chambers of the Historic Federal Building, 350 W. 6'" 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 the 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 adjourned at 6:29 p.m. /s/Adrienne N. Breitfelder City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on June 20, 2022, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6'" 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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 PI. 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 '/2 West 1st St.; Yindra Dixon, 251 Hidden Oaks Ct.; Aaliyah Herrion, 2761 Broadway St.; Kristen Leffler, 159 Julien Dubuque Dr.; Lauren Link, 535 West 5t" 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. Herrion 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 011endick, 1390 Oak Park PI.; Hobie Wood, 65 Cambridge Ct. Upon roll call vote, Mr. Baca, Ms. 011endick, 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. 011endick 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. 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. 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://Voutu.be/AlGholwbluq; Link to Episode Two: https://voutu.be/IvBVG-sFlPE. 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 the 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 1 t 6/29