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02 07 22 City Council Proceedings Official_Special and Regular1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met for a de-escalation training presented by Dubuque Police Lieutenant Richard Fullmer at 5:15 p.m. on February 7, 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; City Manager Van Milligen, City Attorney Brumwell. Vacancy: Ward 4 Mayor Cavanagh declared the training adjourned at 6:24 p.m. /s/Adrienne N. Breitfelder City Clerk 2 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on February 7, 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; City Manager Van Milligen, City Attorney Brumwell. Vacancy: Ward 4 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. City Clerk Breitfelder announced an update to Consent Item No. 13. The assessment for 1860 Heeb, property owners David Northway and Loras Freihoefer, was removed from the schedule of assessments. Therefore, an amended schedule of assessments was included for the agenda item. PLEDGE OF ALLEGIANCE PRESENTATION(S) 1. COVID-19 Update: Public Health Specialist Mary Rose Corrigan provided an update on the COVID-19 pandemic and response activities. PROCLAMATION(S) 1. Captain Robert L. Martin Proclamation (February 2022) was accepted by R.R.S. Stewart and Gabrielle Martin on behalf of the Captain Robert L. Martin Commemoration Committee and the Dubuque Branch of the NAACP. CONSENT ITEMS City Clerk Breitfelder confirmed that the City Council received public input from Mary Giesler, 2310 High Cloud Dr., regarding Item No. 25. Council Member Sprank requested Item No. 25 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 Nos. 13 and 25. Based on a request for clarification, City Clerk Breitfelder stated that Item No. 13 was not previously removed from the consent agenda. The agenda item contains an amended schedule of assessments based on one address being removed from the assessment. Council Member Resnick amended his motion to receive and file the documents, adopt the resolutions, and dispos e of as indicated, except for Item No. 25. Seconded by Sprank. Motion carried 6-0. 1. Minutes and Reports Submitted: City Council proceedings of 1/18; Arts and Cultural Affairs Commission of 12/21; Five Flags Civic Center Advisory Commission of 10/25 and 1/18; Investment Oversight Advisory Commission of 1/26; Proof of publication for City Council proceedings of 1/3; Proof of publication for List of Claims and Summary of Revenues for Month 3 Ended 12/31. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: A.Y. McDonald Mfg. Co for property damage; Diane Hanson for vehicle damage; Progressive Universal Insurance Company as subrogee of Florence Helin for vehicle damage. Upon motion the documents were received, filed, and referred to the City Attorney. 3. Disposition of Claims: City Attorney advised that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Diane Hanson for vehicle damage. Upon motion the documents were received, filed, and concurred. 4. Approval of City Expenditures: Upon motion the documents were received and filed, and Resolution No. 35-22 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. 35-22 AUTHORIZING THE DIRCTOR 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 7th day of February, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. December 31, 2021 Quarterly Investment Report: Upon motion the documents were received and filed. 4 6. Dubuque Police Department Brain Health Awareness Recognition: Upon motion the documents were received and filed. 7. 2022 Federal Legislative Priorities: Upon motion the documents were received, filed, and approved. 8. Alliance for a Sustainable Future's Cities Advancing Climate Action Resource Guide : Upon motion the documents were received and filed. 9. Pre-annexation Agreement – Matthew & Jacquelin Mueller: Upon motion the documents were received and filed, and Resolution No. 36-22 Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and Matthew and Jacquelin Mueller was adopted. RESOLUTION NO. 36-22 APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND MATTHEW AND JACQUELIN MUELLER Whereas, Matthew and Jacquelin Mueller, the owners of the following described property located at 10944 Cascade Drive in Dubuque County, Iowa (the Property) have submitted to the City Council of the city of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: The South 10 feet of Lot 43, and Lot 42, except the South 10 feet thereof, in “Kerrigan Road Heights” in Table Mound Township, Dubuque County, Iowa, according to the recorded plat thereof Whereas, Matthew and Jacquelin Mueller have 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 Matthew and Jacquelin Mueller and the City of Dubuque is hereby approved. Passed, approved and adopted this 7th day of February 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 10. Pre-annexation Agreement – CEG Holdings I, LLC: Upon motion the documents were received and filed, and Resolution No. 37-22 Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and CEG Holdings I, LLC was adopted. RESOLUTION NO. 37-22 5 APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND CEG HOLDINGS I, LLC Whereas, CEG Holdings I, LLC, the owner of the following described property located at 10410 Silverwood Drive in Dubuque County, Iowa (the Property) has submitted to the City Council of the city of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: Lot 1 of Tamarack S.E. Fourth Subdivision, in Section 14, Table Mound Township, in Dubuque County, Iowa, according to the recorded plat thereof Whereas, CEG Holdings I, LLC 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 CEG Holdings I, LLC and the City of Dubuque is hereby approved. Passed, approved and adopted this 7th day of February 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 11. City of Sageville Notice of Applications for Annexation: Upon motion the documents were received, filed, and referred to the City Manager. 12. Consultant Selection for Fiscal Year 2022 Certified Local Government Grant for Dubuque’s Black Heritage Survey: Upon motion the documents were received, filed, and approved. 13. Grass and Weed Cutting and Garbage Collection Assessments : Upon motion the documents were received and filed, and Resolution No. 38-22 Authorizing the city to collect delinquent grass and weed cutting and garbage collection c harges in accordance with Title 6- 4-3A and Title 6-8-2 of the Code of Ordinances of the City of Dubuque, Iowa was adopted. RESOLUTION NO. 38-22 AUTHORIZING THE CITY TO COLLECT DELINQUENT GRASS AND WEED CUTTING AND GARBAGE COLLECTION CHARGES IN ACCORDANCE WITH TITLE 6-4-3A and TITLE 6- 8-2 OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, residential properties in the City of Dubuque are considered substandard if any conditions exist to an extent that endanger life, limb, health, pro perty, safety or welfare of the public or the occupants thereof; and Whereas, whenever in the judgment of the Housing Officer, a nuisance that is “palpably and indisputably such” exists which requires immediate action to protect the public health, safety o r welfare of the public, the Housing Officer may order the emergency abatement of such; and Whereas, delinquent grass and weed cutting and garbage collection charges shall be certified 6 by the City Clerk to the Dubuque County Treasurer for collection with, and in the same manner as general property taxes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the persons listed on the attached Grass/Weed/Garbage Assessment Schedule are delinquent in the payment of grass and weed cutting and garbage collection charges: Section 2. That the City Clerk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named on the attached Grass/Weed/Garbage Assessment Schedule are delinquent in the payment of grass and weed cutting and garbage collection charges in the amount set aside of the respective names, and that said amounts shall be collected in the same manner as general property taxes against the respective parcels of property set opposite the names of the owners. Passed, approved and adopted this 7th day of February, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk Schedule of Assessments Delinquent Grass and Weed Cutting and Garbage Removal Accounts Location; Owner; Parcel #; Amount; Category 945 Bluff; Lot 11 - E.1/2 - City Lot 655 & Lot 2-1a Lorimer Sub; Pottebaum, Ricky & May, Liesl Dba R&L Construction 1842 Central Ave Dubuque Ia 52001;1024457023; $135.00; Grass 612 Lincoln; Sw 1/2 Lot 53 & Lot 1-54 Cooks Add; Nadermann, Agnes M 612 Lincoln Ave Dubuque Ia 52001; 1013487005; $119.32; Garbage 115 Cherokee; Lot 2-3, 1-4, & 2-1-5 Dubuque Homes Sub #2; Mccarty, Jake L 115 Cherokee Dr Dubuque Ia 52003; 1026351005; $119.32; Garbage 10 Nevada; Lot A Murphy's Sub #2; Filseth, Robin R 10 Nevada St Dubuque Ia 52001; 1026428018; $172.50; Hedges 611 University; Lot 44 Farleys Sub; Jrk Properties Llc 9120 Long Tail Ln Dubuque Ia 52003; 1025127001; $299.48; Garbage 1702 Rhomberg; Lot 1 Holy Trinity Sub; Kellhoff Properties Llc 991 June Dr Dubuque Ia 52003; 1118178007; $208.98; Garbage 1289 W 5th; Lot 2-A-11 & Lot 2-B-12 S.M. Langworthy's Add; Mccue, Rebecca L 1289 W 5th St Dubuque Ia 52001; 1026236008; $110.00; Grass 878 Cleveland; E 36' Lot 101 Union Add; Kurt, Daniel K 878 Cleveland Ave Dubuque Ia 52003; 1025383006; $110.00; Grass 472 Loras; W 83' Lot 7 A L Browns Sub; Mk Properties Llc 8505 Southern Hills Ct Dubuque Ia 52003; 1024340005; $110.00; Grass 290 Bryant; Lot 4 Sub 145 & 146 Union Add; Gneiser, Robert John Ii & Elizabeth J Runicka-Gneiser 290 Bryant St Dubuque Ia 52003; 1025361010; $130.00; Grass 710 W 32nd; Lot 2 Of W 100' Of Lot 2 Of Gillespies Sub; Allen, Kinte J 710 W 32nd St Dubuque Ia 52001; 1014204002; $110.00; Grass 1860 Heeb; W 1/2 Of Lot 7 Of Sub Of City Lots 438, 439, & Pt Of 676; Northway, David & Freihoefer, Loras 3500 Dodge St Suite 205 Po Box 106 Dubuque Ia 52003; 1024252032; $152.50; Grass 2901 Olde Country; Lot 2 Blk 3 Highland; Nordenson, Craig D Declaration Of Trust 2901 Olde Country Ln Dubuque Ia 52001; 1015302002; $172.50; Hedges 1698 Jackson; Lot 1-37 East Dubuque Add; Eichstadt, Alexander Lee & Andress Boggs 85 Power St Providence Ri 02906; 1024268001; $135.00; Grass 7 1179 Walnut; Lot 1-1-8 Cummin's Sub; Nottingham Properties Llc 485 Locust St Dubuque Ia 52001; 1024379010; $110.00; Grass 650 W 8th; Lot 28 Rogers Sub; Budde's Home Improvement Inc 650 W 8th St Dubuque Ia 52001; 1025133006; $110.00; Grass 628 Rhomberg; Lot 1-22 Cooks Add; Bickal, Teodura M 628 Rhomberg Ave Dubuque Ia 52001; 1013488001; $110.00; Grass 615 Kane; Lot 3 Springgreen Sub; Patton, Kathryn G 615 Kane St Dubuque Ia 52001; 1014479016; $225.00; Trees 612 Lincoln; Sw 1/2 Lot 53 & Lot 1-54 Cooks Add; Nadermann, Agnes M 612 Lincoln Ave Dubuque Ia 52001; 1013487005; $110.00; Grass 3055 Jackson; E 85' Of E 170' Of Lot 333 Davis Farm Add; Brimeyer, Kay J 2655 Raven Oaks Dr Apt 3 Dubuque Ia 52001; 1013105014; $110.00; Grass 1425 Adair; Lots 49 & 50 Woodlawn Park; Atchison, Jaime M 1425 Adair St Dubuque Ia 52001; 1023464009; $95.00; Grass 2345 Abbott; Lot 3 Cullens Sub; Starr, Pamela K 2345 Abbott St Dubuque Ia 52001; 1023232015; $110.00; Grass 2115 Kleine; Balance S 50' Of Lot 2-2-13 Sieges Sub; Mccormick, Nathan L 2115 Kleine St Dubuque Ia 52001; 1024106033; $135.00; Grass 1504 Iowa; S 20'-S 47'-W 1/2-S 1/5 Of City Lot 454; Eichstadt, Alexander Lee & Andress85 Power St Providence Ri 02906; 1024403007; $155.00; Grass 2524 Stafford; Lot 1 A Stines Sub; Kmy Llc 8505 Southern Hills Ct Dubuque Ia 52003; 1013411004; $198.98; Garbage 2060 Whittier; Lots 2-427, 1-428, 467, 468, & 467a Hams Add; Torrent Property Management Llc 17350 Castlemaine Ln Dubuque Ia 52001; 1118177002; $105.74; Garbage 1627 Central; N 20' Of S 1/5 Of City Lot 452 & S 25'6" Of Sm 1/5 Of City Lot 452; Sharpi Properties Llc 6481 Weber Rd Bellevue Ia 52031; 1024265012; $161.81; Garbage 650 W 8th; Lot 28 Rogers Sub; Budde's Home Improvement Inc 650 W 8th St Dubuque Ia 52001; 1025133006; $367.93; Garbage 1023 Garfield; Lot 24 Wickes' Add; Sargent, Charles T 1023 Garfield Ave Dubuque Ia 52001; 1118351008; $200.00; Bushes 2901 Olde Country; Lot 2 Blk 3 Highland; Nordenson, Craig D Declaration Of Trust 2901 Olde Country Ln Dubuque Ia 52001; 1015302002; $152.50; Grass 730 Berkley; Lot 7 Blk 2 Sunnyview Hills Sub; Twining, Robert D Ii 730 Berkley Pl Dubuque Ia 52001; 1014404021; $110.00; Grass Center Grove Parcel; Lot 2 Center Grove School; Qhq Properties Llc 3630 Dodge St, Unit 6 Dubuque Ia 52003; 1027302004; $152.50; Grass 115 Cherokee; Lot 2-3, 1-4, & 2-1-5 Dubuque Homes Sub #2; Mccarty, Jake L 115 Cherokee Dr Dubuque Ia 52003; 1026351005; $110.00; Grass 636 University; N 90' Lot 13 Kelly's Sub; Jones, Robert James & Cox, Tamora Sue 636 University Ave Dubuque Ia 52001; 1025130003; $152.50; Grass 2633 University; Lot 1-7 Lenox Add; Dubuque Property Investments Llc8505 Southern Hills Ct Dubuque Ia 52003; 1027279019; $131.81; G arbage 1990 Ellis; Lots 1 & 2 Of W 130' 6" Of Lot 50 & W 1/2 Of Lot 51 Cox Add; Manders, Jennifer L 330 Olympic Heights Rd Dubuque Ia 52001; 1024180006; $129.31; Garbage 574 Chestnut; Lot 4 M A Mcdaniels Sub; Jrk Properties Llc 9120 Long Tail Ln Dubuque Ia 52003; 1024381006; $119.31; Garbage 754 W 5th; Lot 4 G. Martin's Sub; Brp Properties Llc 8505 Southern Hills Ct Dubuque Ia 52003; 1025178008; $131.81; Garbage 817 Garfield; Lot 5 Dreibelbis Add; Carroll, Andrew J 2930 Brueck Rd Dubuque Ia 52001; 1013481014; $63.68; Garbage 8 1008 Rhomberg; Lot 8 & S 5' Of Lot 9 Mc Craney's 2nd Add; 1008 Rhomberg Avenue Llc 12355 Andrew St Plano Il 60545; 1118351005; $137.34; Garbage 818 Rhomberg; Lot 11 Dreibelbis Add; Grtd Investments Llc 3250 Kennedy Cir Ste 1 Dubuque Ia 52002; 1013481020; $89.66; Garbage 2419 Jackson; Lot 1-6 New Jackson Sub; Phk Llc 9120 Long Tail Ln Dubuque Ia 52003; 1013379026; $144.31; Garbage 2134 Central; Bal N 65' Lot 11 Langworthys Add, L.H.; Property Investments Group Llc 605 Bluff St Dubuque Ia 52001; 1024207008; $131.81; Garbage 1693 Washington; Lot 1-86 East Dubuque Add; Mcdermott Enterprises Llc 2248 Jo Ann Dr Dubuque Ia 52002; 1024268011; $156.81; Garbage 663 Jefferson; E 36' Of Lot 18 Farley's Sub; Nottingham Properties Llc 16401 Nottingham Ct Dubuque Ia 52001; 1024385016; $131.81; Garbage 575 W Locust; Lot 17 Cox's Add; Jg Investments Llc 9120 Long Tail Ln Dubuque Ia 52003; 1024177027; $119.31; Garbage 2282 Harold; Lot 31 J P Schroeders Add; Gilkes, Russell G2282 Harold St Dubuque Ia 52001; 1024109002; $144.31; Garbage 14. Restrictive Covenant for Residential Real Estate regarding 2247 Central Avenue : Upon motion the documents were received and filed, and Resolution No. 39-22 Attaching Single Family Occupancy Restrictive Covenant to 2247 Central Avenue, Dubuque, IA was adopted. RESOLUTION NO. 39-22 ATTACHING SINGLE FAMILY OCCUPANCY RESTRICTIVE COVENANT TO 2247 CENTRAL AVENUE, DUBUQUE, IA Whereas, the City desires to attach restrictive covenants to 2247 Central Avenue prior to disposal of said property; and Whereas, said property will be disposed of by the City and the City desires said property to be owner-occupied for a period of twenty-one (21) years after the sale. 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 approves the restrictive covenants for 2247 Central Avenue, legally described as: Lot 7 in Tivoli Addition, in the City of Dubuque, Iowa, according to the recorded plat thereof; Section 2. The Mayor is hereby authorized and directed to sign this Resolution and the Restrictive Covenant for the above described real estate. Section 3. The City is Clerk is hereby authorized and directed to provide a certified copy of this Resolution to the City Attorney’s Office for recording in the Office of the Dubuque County Recorder. Passed, approved, and adopted this 7th day of February, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 15. Althauser Street and Eagle Street Water Main Reconstruction: Request for Proposals: Upon motion the documents were received, filed, and approved. 16. Acceptance of Grant of Easement for Sanitary Sewer Utility across Dubuque Initiatives Property behind 1500 Radford Road in Dubuque : Upon motion the documents were received and filed, and Resolution No. 40-22 Accepting a Grant of Easement for Sanitary Sewer Utility through, under and across part of Lot 1 of Dubuque Industrial Center 14th Addition, in the City of Dubuque, Dubuque County Iowa was adopted. 9 RESOLUTION NO. 40-22 ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER UTILITY THROUGH, UNDER AND ACROSS PART OF LOT 1 OF DUBUQUE INDUSTRIAL CENTER 14TH ADDITION, IN THE CITY OF DUBUQUE, DUBUQUE COUNTY IOWA Whereas, per an agreement between the City of Dubuque, Dubuque Initiatives, MAR Holdings, and Geisler Family Realty Company, the parties wish to set forth terms for the relocation of a proposed public sanitary sewer utility located in Part of Lot 1 of Dubuque Industrial Center 14th Addition, in the City of Dubuque, Dubuque County, Iowa; and Whereas, Dubuque Initiatives has executed a Grant Easement for Sanitary Sewer Utility through, over and across Part of Lot 1 of Dubuque Industrial Center 14 th Addition, 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 Sanitary Sewer Utility through, over and across Part of Lot 1 of Dubuque Industrial Center 14th Addition, in the City of Dubuque, Dubuque County, Iowa from Dubuque Initiatives, 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. Passed, approved, and adopted this 7th day of February, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 17. JFK Road and Stoneman Road Right of Way Plat: Upon motion the documents were received and filed, and Resolution No. 41-22 Approving the Acquisition Plat of Lot A of Lot 1-1- 1-2-2-2-2-2 and of Lot 2-1-1-2-2-2-2-2 in the NE ¼ of the NE ¼ of Section 28, T89N, R2E, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 41-22 APPROVING THE ACQUISITION PLAT OF LOT A OF LOT 1-1-1-2-2-2-2-2 AND OF LOT 2- 1-1-2-2-2-2-2 IN THE NE ¼ OF THE NE ¼ OF SECTION 28, T89N, R2E, IN THE CITY OF DUBUQUE, IOWA Whereas, GreenState Credit Union is the owner of Lot 1-1-1-2-2-2-2-2 and of Lot 2-1-1-2-2- 2-2-2 in the NE ¼ of the NE ¼ of SECTION 28, T89N, R2E, in the City of Dubuque, Iowa; and Whereas, per an Agreement between the City of Dubuque and GreenState Credit Union, approved by Resolution No. 394-21, GreenState Credit Union was to dedicate a portion of said lots to the City for Right of Way to accommodate certain public roadway improvements at the intersection of John F. Kennedy Road and Stoneman Road; and Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, an Acquisition Plat dated January 19, 2022 prepared by Axiom Consultants, describing Lot A of Lot 1-1-1-2-2-2-2-2 and of Lot 2-1-1-2-2-2-2-2 in the NE ¼ of the NE ¼ of SECTION 28, T89N, R2E, in the City of Dubuque, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto; and Whereas, upon said plat appears Lot A, which GreenState Credit Union, by said plat has dedicated to the public forever; and Whereas, the dedication of said lot as Right of Way is necessary for the accommodation of certain public roadway improvements at the intersection of John F. Kennedy Road and Stoneman Road. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 10 DUBUQUE, IOWA: Section 1. That the plat dated January 19, 2022 prepared by Axiom Consultants, relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat and on behalf of the City of Dubuque, Iowa. Section 2. That the dedication of Lot A of Lot 1 -1-1-2-2-2-2-2 and of Lot 2-1-1-2-2-2-2-2 in the NE ¼ of the NE ¼ of SECTION 28, T89N, R2E, in the City of Dubuque, Iowa, for street Right of Way and utility purposes, be and the same are hereby accepted. Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 7th day of February, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 18. Acceptance of Storm Sewer Improvements across part of the Bluff Street Right of Way between West 2nd Street and Emmett Street, in the City of Dubuque, Iowa: Upon motion the documents were received and filed, and Resolution No. 42-22 Accepting Public Storm Sewer Improvements across part of the Bluff Street right of way between West 2nd Street and Emmett Street, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 42-22 ACCEPTING PUBLIC STORM SEWER IMPROVEMENTS ACROSS PART OF THE BLUFF STREET RIGHT OF WAY BETWEEN WEST 2 ND STREET AND EMMETT STREET, IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to an agreement with St. Raphael’s Cathedral, certain public improvements including storm sewer and appurtenances, were installed by St. Raphael’s Cathedral as part of private parking lot and drainage improvement project and shown on the attached map; and Whereas, the improvements have been completed and the City Manager has examined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the improvements be accepted by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said public improvements across part of the Bluff Street Right of Way between West 2nd Street and Emmett Street, in the City of Dubuque, Iowa, be and the same is hereby accepted. Section 2. The City assumes all maintenance responsibilities for the public improvements as of the date of this resolution. Passed, approved and adopted this 7th day of February 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 19. 2021 Pavement Marking Project: Upon motion the documents were received and filed, and Resolution No. 43-22 Accepting the 2021 Pavement Marking Project and authorizing the payment to the contractor was adopted. RESOLUTION NO. 43-22 ACCEPTING THE 2021 PAVEMENT MARKING PROJECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR 11 Whereas, the public improvement contract for the 2021 Pavement Marking Project, (the Project) has been completed by the Contractor, SELCO, Inc. (Contractor), the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $160,818.41; and Whereas, the Contractor has previously been paid $152,777.49, leaving a balance of $8,040.92; 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 $8,040.92 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 7th day of February 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF 2021 PAVEMENT MARKING PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 2021 Pavement Marking Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $160,818.41. Dated this 1st day of February 2022. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 1st day of February 2022. /s/Adrienne N. Breitfelder, City Clerk 20. Bee Branch Creek Trail Phase 1 Project – Rejection of Bids: Upon motion the documents were received and filed, and Resolution No. 44-22 Rejecting Competitive Bid Proposals received for the Bee Branch Creek Trail Project – Phase 1 Project was adopted. RESOLUTION NO. 44-22 REJECTING COMPETITIVE BID PROPOSALS RECEIVED FOR THE BEE BRANCH CREEK TRAIL PROJECT – PHASE 1 PROJECT Whereas, competitive sealed bid proposals were submitted for the Bee B ranch Creek Trail Project – Phase 1 Project (the Project) pursuant to the Iowa DOT’s bidding process; and Whereas, the competitive sealed bid proposals were opened and read on the 19 th day of January, 2022; and Whereas, the City Council has deemed it advisable to reject all competitive sealed bid proposals for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The competitive sealed bid proposals for the Bee Branch Creek Trail Project – Phase 1 Project are hereby rejected. Section 2. The City Clerk is authorized and instructed to return the bid deposits to unsuccessful bidders for the Bee Branch Creek Trail Project – Phase 1 Project. Passed, approved and adopted this 7th day of February 2022. 12 Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 21. Proposed Amendment to License Agreement between City of Dubuque and NVIDIA Corporation and Non-Disclosure Agreement: Upon motion the documents were received, filed, and approved. 22. High Strength Waste Receiving and Storage Project - Request to Distribute RFQ and Create an RFQ Review Committee: Upon motion the documents were received, filed, and approved. 23. Signed Contract(s): Farm Lease with Matt Casey for 40 acres in Franklin D Roosevelt Park; MDE, LLC dba McDermott Excavating for the Asbury Road and John F. Kennedy Road Emergency Traffic Signal Repair. Upon motion the documents were received and filed. 24. Terminal Guidance Signage Installation: Upon motion the documents were received, filed, and approved. 25. Rescinding and Cancelling the Development Agreement Between the City of Dubuque, Iowa and 3000 Jackson, LC: Responding to a question from the City Council, City Manager Van Milligen stated that the city will review enforcement actions for stabilizing the structure. City Attorney Brumwell stated that international building codes and state codes provide access to the building for inspections. Motion by Sprank to receive and file the documents and adopt Resolution No. 46-22 Rescinding and cancelling the Development Agreement between the City of Dubuque, Iowa and 3000 Jackson, LC. Seconded by Farber. Motion carried 6-0. RESOLUTION NO. 46-22 RESCINDING AND CANCELLING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND 3000 JACKSON, LC Whereas, the City of Dubuque, Iowa (City) and 3000 Jackson, LC (Developer) entered into a Development Agreement, dated for reference June 4, 2018, as amended (the Development Agreement), for the development of the property legally described as follows: Lot 1 Dinosaur Place & Lot 2 Dinosuar Place; Lot 2-1 Liebe’s Sub #3 ; and Whereas, the Development Agreement provided for certain conditions and obligations of Developer concerning development of the above-described property, which Developer has failed to meet and, accordingly, which failure constitutes an Event of Default under the terms of the Development Agreement; and Whereas, City gave written Notice of Events of Default to Developer by certified mail on November 15, 2021, as required by the terms of the Development Agreement; and Whereas, Developer has failed to cure the Events of Default within the time frame permitted by the Development Agreement; and Whereas, the City Council has determined that it is in the best interests of the City of Dubuque to cancel and rescind the Development Agreement, and to send a Notice of Cancellation and Rescission to the Developer. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: 1. The Development Agreement is hereby cancelled and rescinded. 13 2. City staff is hereby authorized and directed to prepare a Notice of Cancellation and Rescission regarding termination of the Development Agreement, and is further directed to mail a copy of this Resolution and the Notice of Cancellation and Rescission to Developer by certified mail. 3. The Mayor is hereby authorized and directed to sign this resolution and the Notice of Cancellation and Rescission on behalf of the City of Dubuque, Iowa. 4. From and after the execution of this Resolution, the Mayor, City Clerk, and City Attorney are hereby authorized, empowered, and directed to do all such acts and to execute all such documents as may be necessary to evidence termination of the Development Agreement. Passed, approved, and adopted this 7th day of February, 2022 Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 26. Funding Source Clarification – Dubuque Industrial Center: Crossroads – Consultant Selection for Design: Upon motion the documents were received, filed, and approved. 27. Civil Service Commission - Certified List for Chief of Police: Upon motion the documents were received, filed and made a Matter of Record. February 3, 2022 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, a questionnaire of 10 leadership questions (scored) for the position of Chief of Police was administered January 10, 2022. We, the Civil Service Commission, hereby certify that the individuals l isted below have completed and passed this questionnaire and the vacancy for this position should be filled from this list. Chief of Police 1. Ronald Davis; 2. Michael Drake; 3. Michael Godfrey; 4. Daniel Hostens; 5. Jeremy Jensen; 6. Larry Lapp; 7. Bruce Phipps; 8. Allan Pineda; 9. John Rodriguez; 10. Joseph Sullivan. Respectfully submitted, /s/Carla Heathcote Civil Service Commissioner 28. Liquor License Renewals: Upon motion the documents were received and filed, and Resolution No. 47-22 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 was adopted. RESOLUTION NO. 47-22 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. 14 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: New Camp Albrecht Acres Brewfest Event – 2-18-22 to 2-22-22, 500 Bell St. Renewals Convivium Urban Farmstead, 2811 Jackson St. Dollar General Store 10074, 2400 Gateway Dr. Dollar General Store 6896, 605 West Locust St. Dollar General Store 7289, 3250 Kennedy Cr. Suite 8 Dubuque Mining Co., 555 J.F. Kennedy Rd. Suite 600 Hammerheads Bar & Billiards, 2095 Kerper Blvd. Suite 2 Hy-Vee Market Cafe 3, 400 Locust St. Cafe Area Pusateris, 2400 Central Ave. The Clubhouse, 2364 Washington St. The Richards House B&B, 1492 Locust St. Passed, approved, and adopted this 7th day of February 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 Jones. Motion carried 6-0. 1. Vacating Portions of Sanitary Sewer Utility Easements over Ichiban Realty, LLC property at 3187 University Drive in Dubuque: Upon motion the documents were received and filed and Resolution No. 48-22 Intent to vacate and dispose of city interest in portions of Sanitary Sewer Utility Easements over and across part of Lot 1 of Sara S. and Edward R. Bartels Addition, in the City of Dubuque, Iowa was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on February 21, 2022 in the Historic Federal Building. RESOLUTION NO. 48-22 INTENT TO VACATE AND DISPOSE OF CITY INT EREST IN PORTIONS OF SANITARY SEWER UTILITY EASEMENTS OVER AND ACROSS PART OF LOT 1 OF SARA S. AND EDWARD R. BARTELS ADDITION, IN THE CITY OF DUBUQUE, IOWA Whereas, Ichiban Realty, LLC (Property Owner) is the current owner of Lot 1 of Sara S. and Edward R. Bartels Addition and Lot 1-1-2-1 of Sara S. and Edward R. Bartels Place at Center Grove in Mineral Lot 243, all in the City of Dubuque, Iowa; and Whereas, a 20’ wide Easement for Sanitary Sewer Utility was platted over a portion of said Lot 1 of Sara S. and Edward R. Bartels Addition according to Instrument No. 6270 -02 and recorded in the office of the Dubuque County Recorder, and an 8’ wide Easement for Sanitary Sewer Utility was platted over a portion of said Lot 1 of Sara S. and Edward R. Bartels Addition according to the document found in Plat Book 34 Page 98 and recorded in the office of the Dubuque County Recorder; and Whereas, the City of Dubuque had previously installed, owned and maintained a public sanitary sewer in the 20’ wide and 8’ wide easements described above; and 15 Whereas, the Property Owner plans to construct a parking lot expansion (the Improvement) across the common property line between Lot 1 of Sara S. and Edward R. Bartels Addition and Lot 1-1-2-1 of Sara S. and Edward R. Bartels Place at Center Grove in Mineral Lot 243, all in the City of Dubuque, Iowa; and Whereas, the Improvement is proposed to be located over said public sanitary sewer utility easements; and Whereas, said public sanitary sewer will need to be relocated to accommodat e the construction of the Improvement and allow for the future maintenance of the said relocated public sanitary sewer (Project); and Whereas, City is requiring the Property Owner to construct the new public sanitary sewer alignment and Developer will need to construct and carry out any other activities associated with the Project in accordance with City approved plans and specifications; and Whereas, upon completion of the Project, the Property Owner wishes to dedicate the relocated sanitary sewer utility and any associated easements, as required by the City, to the City; and Whereas, the Property Owner has constructed the Improvement and relocated the public sanitary sewer main in order to accommodate the proposed Improvement; and Whereas, the Property Owners have granted an Easement for Sanitary Sewer Utility to the City of Dubuque for the relocated public sanitary sewer main per Instrument No. 2021-00001903 recorded in the office of the Dubuque County Recorder; and Whereas, the City of Dubuque has inspected and has assumed ownership and maintenance of the relocated public sanitary sewer utility according to Resolution 9 -21; and Whereas, the City of Dubuque is now responsible for vacating its interest in the unneeded portions of the former sanitary sewer utility easements according to Instrument No. 6270-02 and recorded in the office of the Dubuque County Recorder and the document found in Plat Book 34 Page 98 and recorded in the office of the Dubuque County Recorder, across Lot 1 of Sara S. and Edward R. Bartels Addition, in the City of Dubuque, Iowa , as shown on the attached Exhibit A. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, intends to vacate and dispose of its interest in a portion of certain sanitary sewer utility easements across Lot 1 of Sara S. and Edward R. Bartels Addition, in the City of Dubuque, Iowa, as shown on the attached Exhibit A. Section 2. That a public hearing on the intent to vacate and dispose of City interest in portions of sanitary sewer utility easements according to Instrument No. 6270 -02 and recorded in the office of the Dubuque County Recorder and the document found in Plat Book 34 Page 98 and recorded in the office of the Dubuque County Recorder, across Lot 1 of Sara S. and Edward R. Bartels Addition, in the City of Dubuque, Iowa , as shown on the attached Exhibit A, is hereby set for the 21st day of February 2022, at the Historic Federal Building, 350 W. 6 th Street, Dubuque, Iowa, beginning at 6:30 p.m., and the City Clerk be and is hereby authorized and directed to cause a notice of public hearing on the intent to vacate and dispose of said interest to be published in the manner as prescribed by law. Passed, approved and adopted this 7th day of February 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Sale of City-owned property at 2247 Central Avenue: Upon motion the documents were received and filed and Resolution No. 49-22 Intent to dispose of an interest in City of Dubuque real estate to Armina Odobasic setting a time and place for hearing, and providing for the publication of notice thereof was adopted setting a public hearing for a meeting to commence 16 at 6:30 p.m. on February 21, 2022 in the Historic Federal Building. RESOLUTION NO. 49-22 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE TO ARMINA ODOBASIC SETTING A TIME AND PLACE FOR HEARING, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) owns 2247 Central Avenue (the Property) legally described as: Lot 7 in Tivoli Addition, in the City of Dubuque, Iowa, according to the recorded plat thereof; and Whereas, City acquired the Property for the purpose of its restoration and re -sale for owner- occupied housing; and Whereas, City received an offer to purchase the property from Armina Odobasic; and Whereas, by accepting the selected offer the City’s objectives of providing homeownership to an income qualified buyer and rehabilitation of a vacated home can be realized a nd is consistent with the City’s goal of creating opportunities for affordable home ownership. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa, proposes to dispose of its interest i n the above- described real estate to Armina Odobasic for the sum of $162,000. Section 2. That the City Council shall conduct a public hearing on the proposed disposition of real estate in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa on the 21st day of February 2022 beginning at 6:30 p.m. Section 3. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing in the form attached hereto, according to law. Passed, approved and adopted this 7th day of February, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Sale of City-owned property at 351 E 15th Street: Upon motion the documents were received and filed and Resolution No. 50-22 Intent to dispose of an interest in City of Dubuque real estate to Cameron K. Hall setting a time and place for hearing, and providing for the publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on February 21, 2022 in the Historic Federal Building. RESOLUTION NO. 50-22 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE TO CAMERON K. HALL SETTING A TIME AND PLACE FOR HEARING, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) owns 351 E. 15th Street (the Property) legally described as: “Wm. Reisen Place”, and Lot 2 of the South ½ of Lot 147 in East Dubuque Addition and the Westerly 10 feet of Lot 1 of the South ½ of Lot 147 in East Dubuque Addition, in the City of Dubuque, Iowa, according to the recorded plat thereof; and Whereas, City acquired the Property for the purpose of its restoration and re -sale for owner- occupied housing; and Whereas, City received an offer to purchase the property from Cameron K. Hall; and Whereas, by accepting the selected offer the City’s objectives of providing homeownership 17 to an income qualified buyer and rehabilitation of a vacated home can be realized and is consistent with the City’s goal of creating opportunities for affordable home ownership. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa, proposes to dispose of its interest in the above- described real estate to Cameron K. Hall for the sum of $122,000. Section 2. That the City Council shall conduct a public hearing on the proposed disposition of real estate in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa on the 21st day of February 2022 beginning at 6:30 p.m. Section 3. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing in the form attached hereto, according to law. Passed, approved and adopted this 7th day of February 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk BOARDS/COMMISSIONS 1. Boards and Commission Applicant Review: Applications were reviewed for the following Boards and Commissions. Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. i. Community Development Advisory Commission: Two, 3-year terms through February 15, 2022 (Expiring terms of Hinke, and Boles). Applicants: Dean Boles, 1715 Geraldine Dr.; Michelle M. Hinke, 973 Patricia Ann Dr.; and Sasha Williams, 2980 WildWood Dr. ii. Housing Commission: Two, 3-year terms through August 17, 2024 (Vacant At-Large term of Becwar and Section 8 Representative term of Washington). Applicants: Renee Kehoe, 1209 Lincoln Ave (Qualifies for At-Large); Charlene Turpin, 306 Kaufmann Ave. (Qualifies for At - Large and Section 8 Representative). iii. Resilient Community Advisory Commission: One, 3-year term through July 1, 2022 (Vacant term of Eudaley- Loebach). Applicant: Josh Chamberland, 2145 Delaware St. Mr. Chamberland spoke in support of his application and provided a brief biography. 2. Boards and Commission Appointments: Appointments were made to the following boards/commissions. i. Historic Preservation Commission: One, 3-year term through July 1, 2023 (Vacant Langworthy term of Cassill); and one, 3-year term through July 1, 2024 (Expired At-Large term of Clark). Applicants: Melissa Cassill, 1941 Coates St. (Qualifies for At-Large opening); and Thea Dement, 375 Alpine St. (Qualifies for Langworthy opening). This commission is subject to the State of Iowa Gender Balance Law. 9 Commissioners total; currently 5 males/2 females/2 openings. Motion by Resnick to appoint Ms. Dement to the three-year Langworthy term through July 1, 2023. Seconded by Roussell. Motion carried 6-0. Motion by Jones to appoint Ms. Cassill to the three-year At-Large term through July 1, 2024. Seconded by Sprank. Motion carried 6-0. PUBLIC HEARINGS 18 1. Resolution Approving a Development Agreement between the City of Dubuque, Iowa and Klauer Manufacturing Company for the Issuance of Urban Renewal Tax Incremen t Revenue Grant Obligations Pursuant to the Development Agreement : Motion by Jones to receive and file the documents and adopt Resolution No. 51-22 Approving a Development Agreement between the City of Dubuque and Klauer Manufacturing Company, including th e proposed issuance of Urban Renewal Tax Increment Revenue Grant Obligations to Klauer Manufacturing Company . Seconded by Farber. Klauer Vice President Mike Igo made a presentation. City Council expressed support for Klauer’s expansion in Dubuque and stated that reducing truck traffic in the north end is an ongoing conversation. Motion carried 6-0. RESOLUTION NO. 51-22 APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE AND KLAUER MANUFACTURING COMPANY, INCLUDING THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE GRANT OBLIGATIONS TO KLAUER MANUFACTURING COMPANY Whereas, Klauer Manufacturing Company is the owner of the following described real property: Lots 8 and 9 in Block 1 in “River Front Subdivision No. 5” in the City of Dub uque, Iowa, subject to all existing easements for waterlines, sewer lines and for utilities, together with and subject top right of ingress and egress repair, inspect and maintain the same; Lot 2 of Lot 1 of Block 1 in “Riverfront Subdivision No. 5” consisting of 0.223 acres, more or less, all in the City of Dubuque, Iowa according to the recorded plats thereof, together with and subject to all existing easements to public utilities and together with right of ingress and egress therefrom to repair and maint ain the same; Lots 6 and 7 in Block 1, in of “River Front Subdivision No. 5”, in the City of Dubuque, Iowa, according to the recorded plats thereof. Subject to easements of record; Lot 2 of Subdivision of Lot 1 of Lot 1 of Lot 1, Block 1 “Riverfront Subdiv ision #5”, in the City of Dubuque, Iowa; ; and Lot 5, in Block 1, in “River Front Subdivision No. 5” in the City of Dubuque, Iowa, according to the recorded plat thereof, subject to easements of record (the Property); and Whereas, the City Council, by Resolution No. 27-22, dated January 18, 2022, declared its intent to enter into a Development Agreement with Klauer Manufacturing Company pursuant to which Klauer Manufacturing Company will construct on the Property certain Minimum Improvements described in the Development Agreement; and Whereas, the Development Agreement includes the issuance of Urban Renewal Tax Increment Revenue Obligations to Klauer Manufacturing Company payable from the tax increment revenues collected in respect of the Improvements to b e constructed by Klauer Manufacturing Company in accordance with the Development Agreement; and Whereas, pursuant to published notice, a public hearing was held on the proposed Development Agreement on February 7, 2022 at 6:30 p.m. by virtual means; and Whereas, it is the determination of the City Council that the approval of the Development Agreement for redevelopment of the Property by Klauer Manufacturing Company, according to the terms and conditions set out in the Development Agreement, is in the public interest of the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. That the Development Agreement between the City of Dubuque and Klauer 19 Manufacturing Company, a copy of which is attached hereto, including the issuance of Urban Renewal Tax Increment Revenue Obligations, is hereby approved. SECTION 2. That the Mayor is hereby authorized and directed to execute the Development Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. SECTION 3. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the Development Agreement as herein approved. Passed, approved and adopted this 7th day of February, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Amending Precinct 15 Boundary Description: 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. Motion carried 6-0. Motion by Jones for final consideration and passage of Ordinance No. 6-22 Amending Title 1 Administration of the City of Dubuque Code, by amending Chapter 8 Elections, Precincts and Wards, by updating Section 18: Precinct 15 Boundary Description to reflect the 2021 Wards & Precincts Redistricting Plan. Seconded by Sprank. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 6-22 AMENDING TITLE 1 ADMINISTRATION OF THE CITY OF DUBUQUE CODE, BY AMENDING CHAPTER 8 ELECTIONS, PRECINCTS AND WARDS, BY UPDATING SECTION 18: PRECINCT 15 BOUNDARY DESCRIPTION TO REFLECT THE 2021 WARDS & PRECINCTS REDISTRICTING PLAN NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 1 of the City of Dubuque Code of Ordinances, Chapter 8 Elections, Precincts and Wards, is hereby amended by updating Precinct 15 boundaries by repealing section 8-18 PRECINCT 15 and adopting the following precinct description: 1-8-18 : PRECINCT 15: The 15th Precinct is described as that portion of the city of Dubuque and Dubuque County bounded by a line • beginning at the point that Peru Road intersects Roosevelt Street, • thence northerly along Peru Road until it intersects the boundary of the city of Dubuque, • thence westerly along the boundary of the city of Dubuque until it intersects Tanzanite Drive, • thence westerly along Tanzanite Drive until it intersects Gardners Lane, • thence northernly along Gardners Lane until it intersects Boleyn Road, • thence easterly along Boleyn Road until it intersects the boundary of the city of Dubuque, • thence northerly along the boundary of the city of Dubuque, until it intersects US Highway 151/61/Wisconsin Bridge, • thence westerly along US Highway 151/61 until it intersects East 16th Street, • thence westerly along East 16th Street until it intersects Census Block 1045, Tract 1, • thence northerly along Census Block 1045, Tract 1 until it intersects Census Block 4026, Tract 5, • thence northerly along Census Block 4026, Tract 5 until it intersects Pine Street, 20 • thence northerly along Pine Street until it intersects Garfield Avenue, • thence northeasterly along Garfield Avenue until it intersects Kniest Street Right- of- Way, • thence northwesterly along Kniest Street Right-of-Way until it intersects Rhomberg Avenue, • thence northeasterly along Rhomberg Avenue until it inte rsects Farley Street, • thence westerly along Farley Street until it intersects Thomas Place, • thence northeasterly along Thomas Place until it intersects Ascension Street, • thence southeasterly along Ascension Street until it intersects Prescott Street, • thence northeasterly along Prescott Street until it intersects Roosevelt Street, • thence northwesterly along Roosevelt Street to the point of origin at the intersection of Peru Road and Roosevelt Street. Section 2. That the foregoing precinct boundary descriptio n has heretofore been reviewed by the Commissioner of Elections also known as County Auditor of Dubuque County. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 7th day of February 2022. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 11th day of February, 2022. /s/Adrienne N. Breitfelder, City Clerk ACTION ITEMS 1. American Rescue Plan Act (ARPA) and Bipartisan Infrastructure Law (BIL) Presentation - Request for Work Session: Motion by Resnick to receive and file the documents and schedule the work session as recommended for Monday, March 7, 2022, at 5:30 p.m. Seconded by Roussell. No schedule conflicts were expressed. Motion carried 6-0. CLOSED SESSION Motion by Jones to convene in closed session at 7:32 p.m. to discuss Purchase or Sale of Real Estate – Chapter 21.5(1)(j) Code of Iowa. Seconded by Farber. 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 6-0. The City Council reconvened in open session at 8:37 p.m. stating that staff had been given proper direction. There being no further business, Mayor Cavanagh declared the meeting adjourned at 8:37 p.m. /s/Adrienne N. Breitfelder City Clerk