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09 06 22 City Clerk's Notes and Meeting Chat LogCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on September 6, 2022, in the second -floor Council Cambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Cavanagh; Council Members Farber, Jor es, Re./nick, Rous ell, Sprank, W hal; City Manar Van Milligen, City Attorney�rumwell P ✓✓ (�; },x� l� Absent: Mayor Cavanagh read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE SWEARING IN 1. Mayor Pro Tern Swearing -In Mayor Cavanagh will swear -in Mayor Pro Tern Laura J. Roussell. PRESENTATION(S) 1. COVID-19 Update Public Health Director Mary Rose Corrigan will provide an update on the COVID-19 pandemic and response activities. 2. Crescent Community Health Center: Dancing with the Stars Recognition Gary Collins, Chief Executive Officer for Crescent Community Health Center, will present Community Engagement Coordinator Temwa Phiri with an award for helping to educate and create awareness for Crescent Community Health Center through the Dubuque Area Chamber of Commerce's Dancing with the Stars event. PROCLAMATION(S) 1. Direct Support Professional Recognition Week (September 11-17, 2022) On behalf of Hills & Dales. r�ra 11us5 -� JaCI` me_sSl�-,r CONSENT ITEMS Yayp Nays Roussell Farber S rank Cavanagh Jones Wethal Resnick 1. Minutes and Reports Submitted City Council Proceedings of 8/15/22, 8/22/22, 8/23/22, and 8/24/22; Civil Service Commission of 5/31/22, 8/15/22, and 8/19/22; Equity and Human Rights Commission of 7111/22; Historic Preservation Commission of 8/18/22; Housing Appeals and Mediation Board of 4/19/22 and 6/21/22; Housing Commission of 7/26/22; Proof of publication for City Council proceedings of 7/25/22, 8/1/22, 8/8/22, and 8/15/22. Suggested Disposition: Receive and File 2. Notice of Claims and Suits Alex Ready for property damage; Pamela Straka for personal injury; Nathan and Amanda Salzmann for property damage. Suggested Disposition: Receive and File; Refer to City Attorney 3. Disposition of Claims City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Alex Ready for property damage; Nathan and Amanda Salzmann for property damage; Pamela Straka for personal injury. Suggested Disposition: Receive and File; Concur 4. Approval of City Expenditures City Manager recommending Council approval for payment of City expenditures. RESOLUTION Authorizing the Director of Finance and Budget/City Treasurer to make certain payments of bills that must be paid and approved for payment in accordance with City procedures Suggested Disposition: Receive and File; Adopt Resolution(s) 5. 4800 ASBURY ROAD DUBUQUE IA LLC and HY-VEE INC. vs. City of Dubuque Board of Review Stipulation of Settlement Senior Counsel providing a copy of the Stipulation of Settlement regarding a tax assessment appeal filed by the Board of Review with the Iowa District Court for Dubuque County regarding 4800 ASBURY ROAD DUBUQUE IA LLC and HY-VEE INC. vs. City of Dubuque Board of Review. Suggested Disposition: Receive and File Yas Nays Roussell Farber S rank Cavanagh Jones Wethal Resnick 6. Butler Children's Garden Foundation City Attorney recommending City Council approval of an agreement with the Butler Children's Garden Foundation that provides access and parking in the City's Marshall Park to facilitate construction of a public children's garden on land currently owned by the Dubuque YMCA and access and parking following completion. Suggested Disposition: Receive and File; Approve 7. Letter of Support — Grayfield Tax Credit for 249 West 1 st Street City Manager recommending City Council approve a letter of support for a Grayfield Tax Credit application to the Iowa Economic Development Authority for the property located at 249 West 1 st Street. Suggested Disposition: Receive and File; Approve 8. Letter of Support — Grayfield Tax Credit for 799 Main Street City Manager recommending City Council approve a letter of support for a Grayfield Tax Credit application to the Iowa Economic Development Authority for the property located at 799 Main Street. Suggested Disposition: Receive and File; Approve 9. Letter of Support — Grayfield Tax Credit for 346-348 West Locust Street City Manager recommending City Council approve a letter of support for a Grayfield Tax Credit application to the Iowa Economic Development Authority for the property located at 346-348 West Locust Street. Suggested Disposition: Receive and File; Approve 10. Housing Commission Appointment of Liaison to Housing Trust Fund Advisory Committee Housing Commission requesting City Council approval to appoint Commissioner Rick Baumhover as the Housing Commission Liaison to the Housing Trust Fund Advisory Committee. Suggested Disposition: Receive and File; Approve 11. Housing Commission Appointment of Liaison to Community Development Advisory Commission Housing Commission requesting City Council approval to appoint Commissioner Renee Kehoe as the Housing Commission Liaison to the Community Development Advisory Commission. Suggested Disposition: Receive and File; Approve Yas Nays Roussell Farber S rank Cavanagh Jones Wethal Resnick 12. Grass and Weed Cutting and Garbage Collection Assessments City Manager recommending City Council adopt a resolution authorizing the City to certify grass and weed cutting and garbage collection charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. RESOLUTION 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 Suggested Disposition: Receive and File; Adopt Resolution(s) 13. 2022 Justice Assistance Grant (JAG): Notice of Application City Manager recommending City Council approval of the two-year 2022 Justice Assistance Grant application that was submitted on August 17, 2022, in the amount of $23,632. Suggested Disposition: Receive and File; Approve 14. Final Plat of Silver Oaks Estates No. 3 City Manager recommending City Council adopt a resolution for the Final Plat of Silver Oaks Estates No. 3 as it is in compliance with the City of Dubuque's Unified Development Code. RESOLUTION Authorizing approval of the Final Plat of Silver Oaks Estates No. 3 in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 15. Signed Contract(s) Task Order 1 with MSA Professional Services, Inc., for the Briarwood Subdivision Water Connection; First Amendment to Lease Agreement with Hendricks Feed & Seed Co., INC.; HDR Engineering, INC., for the City of Dubuque Waste Diversion Project; James Orr Coating Inspection, LLC for multiple water tank inspections; Origin Design Co. for the Ice Harbor Flood Gate Fender Replacement; Amendment No. 1 with Strand Associates for the Water Treatment Plan and Water Distribution System Supervisory Control and Data Acquisition System Upgrade. Suggested Disposition: Receive and File 16. Improvement Contracts / Performance, Payment and Maintenance Bonds D&D Concrete, Inc. for the 2022 Asphalt Overlay Ramp Project Four; Portzen Construction, Inc. for the Comiskey Park - Phase 1 Redevelopment Project. Suggested Disposition: Receive and File; Approve 17. Public Works Department Staffing Change Request City Manager recommending City Council approval of a full-time Public Works Administrative Assistant (GE-25) which would increase the Public Works personnel complement by 1.00 full- time equivalent. Suggested Disposition: Receive and File; Approve Yas Nays Roussell Farber S rank Cavanagh Jones Wethal Resnick 18. Acceptance of Grant of Easement for Sanitary Sewer Utility from IADU Table Mound MHP, LLC, in Dubuque County, as Part of the Sanitary Sewer Improvements - Table Mound System Project City Manager recommending City Council adopt a resolution accepting the Grant of Easement for Sanitary Sewer Utility from IADU Table Mound MHP, LLC in Dubuque County, as part of the Sanitary Sewer Improvements - Table Mound System Project. RESOLUTION Accepting a Grant of Easement for Sanitary Sewer Utility across parts of Lot 2 of the North Half of the Northeast Quarter, and Lot 43 and Lot 44 of Kerrigan Road Heights, all in Section 12, T88N, R2E, of the 5th PM, Dubuque County Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 19. Acceptance of Grant of Easement for Sanitary Sewer Utility from Table Mound Expansion, LLC, in Dubuque County, as Part of the Sanitary Sewer Improvements -Table Mound System Project City Manager recommending City Council adopt a resolution accepting a Grant of Easement for Sanitary Sewer Utility across properties owned by Table Mound Expansion, LLC, in Dubuque County, as part of the Sanitary Sewer Improvements - Table Mound System Project. RESOLUTION Accepting Grant of Easement for Sanitary Sewer Utility Across parts of Lot 1 of Table Mound Acres, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 20. City Life Brochure City Manager providing a copy of the City Life Brochure. Suggested Disposition: Receive and File 21. Proposed License Agreement between the City of Dubuque and ImOn Communications LLC City Manager recommending City Council approval of a License Agreement between the City of Dubuque and ImOn Communications LLC. Suggested Disposition: Receive and File; Approve 22. Radio Dubuque Fireworks Request 2023 Correspondence from Perry Mason, General Manager for Radio Dubuque, requesting approval for Radio Dubuque and the Dubuque Jaycees to conduct a fireworks display on Monday, July 3rd, 2023 from 9:00 p.m. to 10:30 p.m. on Volunteer Road between Hawthorne and Lime in conjunction with the closure of indicated streets and A.Y. McDonald Park as part of a special event request. The rain date is July 4th. Suggested Disposition: Receive and File; Approve Yas Nays Roussell Farber S rank Cavanagh Jones Wethal Resnick 23. Alcohol and Tobacco License Applications City Manager recommending approval of annual liquor, beer, wine and tobacco license applications as submitted. RESOLUTION Approving applications for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits RESOLUTION Approving applications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa Code Chapter 453A.47A Suggested Disposition: Receive and File; Adopt Resolution(s) BOARDS/COMMISSIONS 1. Boards and Commission Appointments Appointments to the following commissions to be made at this meeting. Airport Commission Two, 4-Year terms through September 14, 2026 (Expiring terms of Blocker and Philips) Applicants: Robert Blocker, 880 Kane St. Michael Phillips, 955 Washington St. This commission is subject to the State of Iowa Gender Balance Law. 5 Commissioners total; Currently 1 male / 2 females / 2 openings Yas Nays Roussell J. Farber S rank Cavanagh Jones Wethal Resnick Yas Nays Roussell Farber S rank Cavanagh Jones Wethal Resnick Zoning Advisory Commission One, 3-Year term through July 1, 2024 (Vacant term of Sweet) Applicant: Ryan Sempf, 7819 Commerce Park This commission is subject to the State of Iowa Gender Balance Law. 7 Commissioners total; Currently 3 males / 3 females / 1 opening Ya Nays Roussell Farber S rank Cavanagh Jones Wethal Resnick PUBLIC HEARINGS 1. Resolution of Adoption for the Amendment of the Dubuque Industrial Center Economic Development District Urban Renewal Plan, Version 2022.2 Proof of publication on notice of public hearing to consider City Council approval of a Resolution of Adoption for the Amended and Restated Urban Renewal Plan for Dubuque Industrial Center Economic Development District Version 2022.2, and City Manager recommending approval. RESOLUTION Approving the Amended and Restated Urban Renewal Plan, Version 2022.2, for the Dubuque Industrial Center Economic Development District Suggested Disposition: Receive and File; Adopt Resolution(s) Yay,s Nays Roussell Farber S rank Cavana h Jones Wethal Resnick 2. Resolution of Adoption for the Amendment of the Dubuque Industrial Center Economic Development District Urban Renewal Plan, Version 2022.3 Proof of publication on notice of public hearing to consider City Council approval of a Resolution of Adoption for the Amended and Restated Urban Renewal Plan Version 2022.3 for the Dubuque Industrial Center Economic Development District, and City Manager recommending approval. RESOLUTION Approving the Amended and Restated Urban Renewal Plan, Version 2022.3, for the Dubuque Industrial Center Economic Development District Suggested Disposition: Receive and File; Adopt Resolution(s) Ya Nays Roussell Farber S rank Cavana h Jones Wethal Resnick 3. Carnegie -Stout Library — Roofs 1 & 2 Restoration Project Public Hearing Proof of publication on notice of public hearing to consider City Council adoption of a resolution approving the plans, specifications, form of contract, and estimated cost for the Carnegie -Stout Library Roofs 1 & 2 Restoration Project, and City Manager recommending approval. RESOLUTION Approval of plans, specifications, form of contract, and estimated cost for the Carnegie -Stout Roofs 1 & 2 Restoration Project Suggested Disposition: Receive and File; Adopt Resolution(s) Yayjs Nays Roussell Farber S rank Cavanagh Jones Wethal Resnick PUBLIC INPUT 3c) Lo§r�t Cf -Luis Toro iol Glll�c,m Si, —H?cjV,,er Lu Gq ��q `Lr'.Co\ Hauget, �6 55 S G-randv;e.�1 �'Aclion (ie(r) No, 6 ACTION ITEMS 1. Greater Dubuque Development Corporation - Quarterly Update President and CEO Rick Dickinson to present the quarterly update on the activities of the Greater Dubuque Development Corporation. Suggested Disposition: Receive and File; Presentation Ya s Nays Roussell Farber S rank Cavanagh Jones Wethal Resnick 2. Housing Creation Incentives Staff Recommendations City Manager recommending City Council adopt a resolution allowing the City Manager to use the recommended housing creation incentives outlined to incentivize additional housing unit creation in the city and is sharing a presentation on Housing Incentives Policies. RESOLUTION Authorizing the City Manager to offer and amend Housing Development Incentives Suggested Disposition: Receive and File; Adopt Resolution(s), Presentation Ya ,s Nays Roussell Farber S rank Cavanagh Jones Wethal Resnick W. - 4ec k 1551a2-5 3. Amending Tax Increment Ordinance 21-22 for the Dubuque Industrial Center Economic Development District, as amended by Version 2022.2 of the Amended and Restated Plan City Manager recommending that the City Council approve the ordinance which would remove from the TIF ordinance area that portion of the District that was removed from Subarea C of the District by Version 2022.2 for the Dubuque Industrial Center Economic Development District. ORDINANCE Amending Ordinance No. 21-22, previously amended, providing that General Property Taxes levied and collected each year on all property located within the Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Area of the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with the Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Redevelopment Project by removing a portion of Subarea C from the division of revenues Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Read! n s Yas Nays Roussell Farber S rank Cavan a h Jones Wethal Resnick Final Readin and Adopt Yas Nays Roussell Farber a S rank Cavanagh Jones Wethal Resnick 4. Amending Tax Increment Ordinance for the Dubuque Industrial Center Economic Development District, as amended by Version 2022.3 of the Amended and Restated Plan City Manager recommending City Council adopt an ordinance amending the ordinance for the Dubuque Industrial Center Economic Development District ("District"). ORDINANCE Amending Ordinance No. -22, previously amended, providing that General Property Taxes levied and collected each year on all property located within the Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Area of the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with the Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Redevelopment Project by adding Subarea R to the division of revenues Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Ya s Na s J. Roussell a Farber S rank Cavanagh Jones Wethal Resnick Reading and Adopt Nas I ll igh Jones 74 Wethal Resnick 5. Fiscal Year 2023 Arts & Culture Operating Support Grant Funding Recommendation City Manager recommending City Council approve the funding recommendation from the Arts & Cultural Affairs Advisory Commission for grant awards to arts and culture organizations through the City's Fiscal Year 2023 Arts & Culture Operating Support Grants program. Suggested Disposition: Receive and File; Approve Yay,s Nays Roussell Farber a S rank Cavanagh Jones Wethal Resnick 6. Recommended Updates in Enforcement Regarding Unhoused Residents City Manager recommending City Council adoption of changes to the camping ordinance and inoperable vehicles ordinance to provide additional tools for enforcement when necessary, regarding unhoused individuals camping on public or private property. ORDINANCE Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 1 Streets, Sidewalks and Other Public Places ORDINANCE Amending City of Dubuque Code of Ordinances Title 7 Police, Fire and Public Safety, Chapter 5 Offenses, Article A General Offenses Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Ya s Nays Roussell Farber S rank Cavanagh Jones Wethal Resnick Final Reading and Ado t Yas INays Roussel[ Farber S rank Cavanagh ► Jones Wethal -t:l Resnick Con q leX;s ,S{e9er presee)W 7. U.S. Department of Transportation Notice of Award: Rebuilding America's Infrastructure with Sustainability and Equity (RAISE) Infrastructure Planning Grant City Manager providing information to City Council on the Rebuilding America's Infrastructure with Sustainability and Equity (RAISE) grant award notification letter in the amount of $2,280,000 from the U.S. Department of Transportation (USDOT) and the RAISE grant Building Bridges to Equity and Employment grant application. Suggested Disposition: Receive and File Ya Na s J. a Roussell J.( Farber J. S rank Cavanagh Jones Wethal Resnick 8. Work Session Request: Project HOPE Quarterly Update City Attorney requesting City Council schedule a work session for Monday, September 19, 2022, at 5:30 p.m. for a quarterly update on Project HOPE. Suggested Disposition: Receive and File; Council Yas Nays Roussell Farber S rank Cavana h Jones Wethal Resnick 9. Work Session Request: Inclusive Dubuque Quarterly Update City Attorney requesting City Council schedule a work session for Monday, September 19, 2022, at 6:00 p.m. for a quarterly update on Inclusive Dubuque. Suggested Disposition: Receive and File; Council Yayp Nays Roussell Farber S rank Cavanagh Jones Wethal Resnick 10. Field of Miracles Game at Miracle League of Dubuque - Fox Sports Video Media Services will display a Fox Sports video of the second annual Field of Miracles baseball game at the Miracle League of Dubuque Complex on August 11, 2022. The video can be viewed at: https://youtu.be/4E5rKdfOLYI Suggested Disposition: D Receive and File; Video 5wnnq Rjegy- )ro9ralyl %fervi5� Ya Navs 11. Delivering Dubuque: Office of Shared Prosperity and Neighborhood Support Video Media Services will display the Delivering Dubuque episode featuring the Office of Shared Prosperity and Neighborhood Support. The video can be viewed at: https://youtu.be/7wZJWcolvm4 Suggested Disposition: Receive and File; Video Yay,s Nays a Roussell Farber S rank Cavanagh Jones Wethal Resnick 12. Welcome, Dubuque College Students Video Media Services will display a video featuring City staff welcoming new and returning college students to Dubuque for the Fall 2022 semester. The video can be viewed at: https://youtu.be/n9Sm3ZaXxyg Suggested Disposition: Receive and File; Video Yay,s Nays Roussell Farber S rank Cavanagh Jones Wethal Resnick COUNCIL MEMBER REPORTS a /we/ue, AW -el�e4, CLOSED SESSION Purchase or Sale of Real Estate — Chapter 21.5(1)0) Code of Iowa Motion for closed session @ g :ao p.m. Yas Nays Roussell Farber S rank Cavanagh Jones Wethal Resnick Mayor Cavanagh stated for the record that the attorneys who will consult with City Council on the issues to be discussed in the closed session is City Attorney Brumwell. Reconvene in open session @ 9.r4O p.m. ADJOURNMENT @ T AQ p.m. ACIIO r� klo M (u,dace,7 g Ri`d_ t PureAU aic.,�,,,�...,Wj .Im '<'=✓ :% �w : IMP01 I /.S' '_ , I �. / � � �. /4�? � `% / /.`ill � i'• .i/L: cst�.�iiL'.� �' i� o-i�L�i s�� Li _-�._. v .v..� I.' �:.,; ..•lam �' ,-•j i / 4 , yJ i i i I � i i • // r i i I' i "/i ✓1.4L wl / / � i / � / i�.I r :i i y rlml�Awllffl i(/t C/ 4ES&L4Z I V �LJL / J Q -27 411 'lad J n I it I 1 Chat Log C:\Users\rgehl\Documents\ChatLog Dubuque City Council Meetings 2022_09_06 21_21.rtf Cori Burbach (to Everyone): 6:15 PM: Yes we can David. David Resnick (to Everyone): 6:16 PM: I can't hear anything yet. Randy Gehl (to David Resnick): 6:24 PM: David: Don't forget to mute when not speaking. Thanks. Randy Gehl (to David Resnick): 6:25 PM: I muted you but will unmute you right before the meeting starts. David Resnick (to Everyone): 8:06 PM: AYE Randy Gehl (to David Resnick): 8:06 PM: Your chat message was received. David Resnick (to Everyone): 8:06 PM: can I vote by chat? David Resnick (to Everyone): 8:07 PM: aye! David Resnick (to Everyone): 8:08 PM: aye David Resnick (to Everyone): 8:09 PM: Aye David Resnick (to Everyone): 8:09 PM: AYE! David Resnick (to Everyone): 8:14 PM: AYE! grant funding support Adrienne Breitfelder (Private): 8:18 PM: are you able to download the gotomeeting chats before closing the meeting and email it to me? I can't access old chats and want Resnick's votes for the record if they are accessible. Randy Gehl (to Adrienne Breitfelder): 8:22 PM: I believe so and will try. Adrienne Breitfelder (Private): 8:23 PM: Thanks! David Resnick (to Everyone): 8:34 PM: from David Resnick - This action proposed tonight is not perfect but it is a definite improvement. This is an important issue and Inaction is bad for everyone. Let's continue to move forward, make this incremental improvement, and then continue to incorporate more community input to find an even better solution for all of our citizens. David Resnick (to Everyone): 8:55 PM: Aye - Action item #6 skip readings David Resnick (to Everyone): 8:56 PM: Aye final David Resnick (to Everyone): 8:58 PM: Aye - action item #7 David Resnick (to Everyone): 8:59 PM: Aye - action item #8 David Resnick (to Everyone): 8:59 PM: Aye - action item #9 David Resnick (to Everyone): 9:05 PM: Aye David Resnick (to Everyone): 9:14 PM: Aye - action item #11 David Resnick (to Everyone): 9:16 PM: Aye - action item #12 David Resnick (to Everyone): 9:20 PM: aye