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10 03 22 City Council Proceeding Official_Special and RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on October 3, 2022, in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6 th Street. Present: Mayor Cavanagh; Council Members Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, 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 update on the Police Department’s taser implementation. WORK SESSION Police Taser Implementation Update Police Chief Jeremy Jensen, Assistant Police Chief Joe Messerich, and Police Captain Brad Shannon presented on the Police Department taser implementation. Responding to a question from the City Council, Police Chief Jensen stated that all sworn officers are required to carry a taser. Responding to a question from the City Council about the city’s liability for taser situations that result in injury, City Attorney Brumwell stated that city staff would review each situation in terms of the policy and the circumstances of the specific situation. Police Captain Shannon responded to questions from the City Council regarding the technical aspects of the tasers. There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:21 p.m. /s/Adrienne N. Breitfelder, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on October 3, 2022, in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6 th Street. Present: Mayor Cavanagh; Council Members Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, 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 be fore the City Council. PLEDGE OF ALLEGIANCE PRESENTATION(S) 1. Government Finance Officers Association (GFOA) 2022 Hero Award Recognition : Katie Ludwig and Mark Mack, Senior Managers with GFOA, recognized Director of Finance and Budget Jenny Larson for receiving the 2022 Hero Award. 2. COVID-19 Update: Public Health Director Mary Rose Corrigan provided an update on the COVID-19 pandemic and response activities. PROCLAMATION(S) 1. Energy Efficiency Day (October 5, 2022) was accepted by Michela Freiburger on behalf of the Dubuque County Energy District. 2. White Cane Safety Day (October 15, 2022) was accepted by Brianna Hanson and Nick Brown on behalf of the Tri-State Independent Blind Society. 3. Trick-or-Treat Night (October 31, 2022) was accepted by Mayor Cavanagh on behalf of the City of Dubuque. 4. Dubuque Rescue Mission 90th Anniversary (2022) was accepted by Director Rick Mihm and Board President Morgan Frazer on behalf of the Dubuque Rescue Mission. 5. Dubuque Eagles "Eyes on the Future" Fundraising Milestone was accepted by Michael Duehr on behalf of the Dubuque Eagles "Eyes on the Future" Committee. 6. Arts and Humanities Month (October 2022) was accepted by Arts & Cultural Affairs Coor- dinator Jenni Petersen-Brandt and Arts & Cultural Affairs Advisory Commission Chair Nick Hal- der on behalf of the Arts & Cultural Affairs Division. CONSENT ITEMS Council Member Farber requested Item No. 6 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. 6. Seconded by Roussell. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 9/19/22; Building Code Ad- visory and Appeals Board of 7/7/22; Equity and Human Rights Commission of 8/8/22; Historic Preservation Commission of 9/15/22; Long Range Planning Advisory Commission of 9/21/22. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Beidler Towing for vehicle damage; Juanita Gates for vehicle damage; Debra Heim for property damage. Upon motion the documents were received, filed, and referred to the City Attorney. 3. Approval of City Expenditures: Upon motion the documents were received and filed, and Resolution No. 310-22 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. 310-22 AUTHORIZING THE DIRECTOR OF FINANCE AND BUDGET / CITY TREASURER TO MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT IN ACCORDANCE WITH CITY PROCEDURES Whereas, Section 1-7-7(E) of the Municipal Code of the City of Dubuque provides that the Finance Director-City Treasurer shall keep an accurate account of all disbursements, money, or property, specifying date, to whom, and from what fund paid; and Whereas, the invoices, presented by those firms and persons providing such goods and ser- vices 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 pay- ment 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 DUBU- QUE, 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 Di- rector are hereby authorized and directed to provide the statement of receipts and disburse- ments to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 3rd day of October, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Community Development Block Grant CARES Act (CDBG-CV) Subrecipient Agreement with Dubuque Area Labor Harvest: Upon motion the documents were received and filed, and Resolution No. 311-22 CDBG-CV Subrecipient Agreement with Dubuque Area Labor Harvest was adopted. RESOLUTION NO. 311-22 CDBG-CV SUBRECIPIENT AGREEMENT WITH DUBUQUE AREA LABOR HARVEST Whereas, Dubuque Area Labor Harvest submitted a request for support to continue opera- tions for food delivery to support low- and moderate-income families in the city of Dubuque, Iowa; and Whereas, the City Council approved the Grant Agreement for CDBG-CV funding awarded to the City of Dubuque by the federal Department of Hou sing and Urban Development; and Whereas, the submission has been approved by the Community Development Advisory Commission; and Whereas, all services provided will be to a minimum of 51% low/moderate income residents and provide activities related to the prevention, preparedness for, and response to the corona- virus pandemic. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the Subrecipient Agreement, authorized by the Community Development Ad- visory Commission beginning October 1, 2022 for operational support of the Dubuque Area Labor Harvest be approved. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute said Agreement and related documents on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 3rd day of October 2022. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 5. First Amendment to Subrecipient Agreement between the City of Dubuque and Crescent Community Health Center: Upon motion the documents were received and filed, and Resolution No. 312-22 Authorizing the First Amendment to the Subrecipient Agreement between the City of Dubuque and Crescent Community Health Center was adopted. RESOLUTION NO. 312-22 AUTHORIZING THE FIRST AMENDMENT TO THE SUBRECIPIENT AGREEMENT BE- TWEEN THE CITY OF DUBUQUE AND CRESCENT COMMUNITY HEALTH CENTER Whereas, the City of Dubuque and Crescent Community Health Center entered into a CDBG Subrecipient Agreement dated July 1, 2022 with respect to the matters specified therein for the interior rehabilitation of their facility; and Whereas, the parties desire to modify the Subrecipient Agreement as set out in the First Amendment to the Subrecipient Agreement attached hereto; and Whereas, Crescent Community Health Center applied for and received partial funding for a Purchase of Services Grant in Fiscal Year 2023 and provides services to low-moderate income families and individuals in Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the First Amendment to the Subrecipient Agreement be approved. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute said Amendment on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 3rd day of October 2022. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 6. Approval of Plat of Survey (ROW Vacation) of Lot AA and Lot BB of Grand View Place, in the City of Dubuque, Iowa (Per Agreement with Dubuque Golf and Country Club at 1800 Randall Place): Council Member Farber stated she would abstain from voting on this item due to owning property that is included in the plat. Motion by Resnick to receive and file the d ocuments and adopt Resolution No. 313-22 Approving Plat Of Survey of Vacated Streets and Alleys, Being Part Of St. Joseph Street; All Of Altman Street; All Of Kiene Street ; All Of The Unnamed Streets Situated Between Lots 149 And 150 In Grand View Place ; All Of Mcpherson Street; All Of Sterling Street; A Part Of Perry Street; All Of Morgan Street; A Part Of Park Street (Now Called Randall Place); A Part Of Dunning Street; A Part Of Henderson Street; A Part Of Rider St Eet; All Of The Alley In Grand View Place Between Altman And Kiene Streets; A Part Of The Alley Between Perry And Bradley Streets; All Of The Alley Lying Through Block Eight (8) Of Grand View Park; All Of The Alley In Grand View Park Lying Easterly Of Block Sixteen (16); All Of The Alley Located In The Easterly Part Of Grand View Place; And All Of The Alley Extending Through Block Fourteen (14); All Being In The City Of Dubuque, Iowa, And All As Per 1923 Dubuque City Council Special Ordinance, Document No. 1295-96, To Be Known As Lot Aa And Lot Bb Of Grand View Place, In The City Of Dubuque, Iowa. Seconded by Jones. Motion carried 6-0 with abstention from Farber. RESOLUTION NO. 313-22 APPROVING PLAT OF SURVEY OF VACATED STREETS AND ALLEYS, BEING PART OF ST. JOSEPH STREET; ALL OF ALTMAN STREET; ALL OF KIENE STREET ; ALL OF THE UNNAMED STREETS SITUATED BETWEEN LOTS 149 AND 150 IN GRAND VIEW PLACE ; ALL OF MCPHERSON STREET; ALL OF STERLING STREET; A PART OF PERRY STREET; ALL OF MORGAN STREET; A PART OF PARK STREET (NOW CALLED RAN- DALL PLACE); A PART OF DUNNING STREET; A PART OF HENDERSON STREET; A PART OF RIDER ST EET; ALL OF THE ALLEY IN GRAND VIEW PLACE BETWEEN ALTMAN AND KIENE STREETS; A PART OF THE ALLEY BETWEEN PERRY AND BRAD- LEY STREETS; ALL OF THE ALLEY LYING THROUGH BLOCK EIGHT (8) OF GRAND VIEW PARK; ALL OF THE ALLEY IN GRAND VIEW PARK LYING EASTERLY OF BLOCK SIX- TEEN (16); ALL OF THE ALLEY LOCATED IN THE EASTERLY PART OF GRAND VIEW PLACE; AND ALL OF THE ALLEY EXTENDING THROUGH BLOCK FOURTEEN (14); ALL BEING IN THE CITY OF DUBUQUE, IOWA, AND ALL AS PER 1923 DUBUQUE CITY COUN- CIL SPECIAL ORDINANCE, DOCUMENT NO. 1295-96, TO BE KNOWN AS LOT AA AND LOT BB OF GRAND VIEW PLACE, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated September 9, 2022 prepared by Buesing and Associates, Inc., showing the vacated streets and alleys as per the 1923 Dubuque City Council Special Ordinance recorded in the Dubuque County Recorder’s Office as Document Number 1295-96 , all in the City of Dubuque, Iowa and assigned a lot numbers thereto, to be known as Lot AA and Lot BB of Grand View Place, in the City of Dubuque, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the plat dated September 9, 2022, prepared by the Buesing and Associates, Inc., 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 for and on behalf of the City of Dubuque, Iowa Section 2. 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 3rd day of October, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7. Acceptance of Storm Water Detention Facility Improvements in Rustic Point Estates Sub- division (Phase 1): Upon motion the documents were received and filed, and Resolution No. 314-22 Accepting Public Storm Water Detention Facility Improvements in Rustic Point Estates Subdivision (Phase 1), in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 314-22 ACCEPTING PUBLIC STORM WATER DETENTION FACILITY IMPROVEMENTS IN RUSTIC POINT ESTATES SUBDIVISION (PHASE 1), IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to Resolution 266-17, certain public storm water detention facility im- provements were installed by the developer of Rustic Point Estates Subdivision (Phase 1) in the City of Dubuque, Iowa; 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 DUBU- QUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said public storm water detention facility improvements in Rustic Point Estates Subdivision (Phase 1) be and the same is hereby accepted. Passed, approved, and adopted this 3rd day of October, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 8. Approve Professional Consultant Services Contract for Retime LLC related to Smart Traffic Routing with Efficient & Effective Traffic Systems (STREETS): Upon motion the documents were received, filed, and approved. 9. Improvement Contracts / Performance, Payment, and Maintenance Bonds: All Clear Inc. / All Clear Window Cleaning for the Mystique Ice Arena - Construction Site Clean Up; Tschiggfrie Excavating for the West Blum Site-Capping and Remediation Project. Upon motion the docu- ments were received, filed, and approved. 10. Signed Contract(s): Dubuque Community School District for School Resource Officers for School Year 2022-2023; Dubuque Community School District for Drug Abuse Resistance Edu- cation Cooperative Program from School Year 2022 -2023; Experienced Roofing for the Munic- ipal Services Center Roof Repair; Gavilon Grain, LLC for salt transfer and handling services; Graymont Western Lime, Inc. for the Eagle Point Water Plant High Calcium Quicklime; Hawkins Inc. for the Eagle Point Water Plant Sodium Hypochlorite; James Orr Coating Inspection, LLC for multiple water tank inspections; MSA Professional Services, Inc. for the Briarwood Subdivi- sion Water Connection; W/K Construction for the 2022 Asphalt Milling Project - Project Number 2022-6. Upon motion the documents were received and filed. 11. Travel Dubuque Fall and Winter Adventure Guides: Upon motion the documents were received and filed. 12. Liquor License Renewals: Upon motion the documents were received and filed, and Res- olution No. 315-22 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 Liq- uor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 315-22 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQUOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and filed with the City Council for approval, and the same have been examined, provisionally approved, and/or approved; and Whereas, the premises to be occupied by such applicants were inspected and found to com- ply with the Ordinances of the City, and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA 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 documenta- tion: New Applications Blend Business Dining 700 Locust St. Baraboo's on Main 345 Main St. Dubuque Racing Association – Ice Center 1800 Admiral Sheehy Dr. Dusty’s Doghouse Lounge 1646 Asbury Rd. The Magnolia Events – 6 Month License 168 East 10th St. Renewals Aldi, Inc 30 2160 Holliday Dr. Barrel House Dubuque 299 Main St. Family Dollar Store 32889 2600 Dodge St. Suite D1 Kwik Stop 16th St 300 1215 East 16th St. Kwik Stop 848 3201 Central Ave. Kwik Stop Food Mart 4039 Pennsylvania Ave Lina's Lounge 580, 2055 Holliday Dr. Skinny Maginny's 345 Main St. Target Store T-0086 3500 Dodge St. Wicked Dame 214 West 1st St. Yen Ching Restaurant 926 Main St. Special Event(s) per Special Event Application Submittal The Calico Bean Market, LLC - Chili Cookoff, 9- 30-22 to 10-4-22 In the street in front of 352 Bluff St. Provisional Issuances Dubuque Museum of Art - 9-30-22 Museum building, sidewalk, street between Bluff and Locus and Wash- ington Park Passed, approved, and adopted this 3rd day of October 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 Sprank. Council Member Farber asked if she should abstain from this vote due to a potential conflict of interest. City Attorney Brumwell stated there is no conflict with this vote since it is only to set the public hearings. Motion carried 7-0. 1. Disposal of City Interest in Previously Vacated Street and Alley Right of Way Areas, in the City of Dubuque, Iowa: Upon motion the documents were received and filed and Resolution No. 316-22 Intent to dispose of City interest in vacated streets and alleys, being part of St. Joseph Street; all of Altman Street; all of Kiene Street ; all of the unnamed streets situated between Lots 149 And 150 in Grand View Place ; all of McPherson Street; all of Sterling Street; a part of Perry Street; all of Morgan Street; a part of Park Street (Now Called Randall Place); a part of Dunning Street; a part of Henderson Street; a part of Rider St Eet; all of the alley in Grand View Place between Altman and Kiene Streets; a part of the alley between Perry and Bradley Streets; all of the alley lying through Block Eight (8) of Grand View Park; all of the alley in Grand View Park lying easterly of Block Sixteen (16); all of the alley located in the easterly part of Grand View Place; and all of the alley extending through Block Fourteen (14); all being in the City of Dubu- que, Iowa, and all as per 1923 Dubuque City Council Special Ordinance, Document No. 1295 - 96, to be known as Lot Aa and Lot Bb of Grand View Place, in the City of Dubuque, Iowa was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on October 17, 2022 in the Historic Federal Building. RESOLUTION NO. 316-22 INTENT TO DISPOSE OF CITY INTEREST IN VACATED STREETS AND ALLEYS, BEING PART OF ST. JOSEPH STREET; ALL OF ALTMAN STREET; ALL OF KIENE STREET ; ALL OF THE UNNAMED STREETS SITUATED BETWEEN LOTS 149 AND 150 IN GRAND VIEW PLACE ; ALL OF MCPHERSON STREET; ALL OF STERLING STREET; A PART OF PERRY STREET; ALL OF MORGAN STREET; A PART OF PARK STREET (NOW CALLED RANDALL PLACE); A PART OF DUNNING STREET; A PART OF HENDERSON STREET; A PART OF RIDER ST EET; ALL OF THE ALLEY IN GRAND VIEW PLACE BETWEEN ALT- MAN AND KIENE STREETS; A PART OF THE ALLEY BETWEEN PERRY AND BRADLEY STREETS; ALL OF THE ALLEY LYING THROUGH BLOCK EIGHT (8) OF GRAND VIEW PARK; ALL OF THE ALLEY IN GRAND VIEW PARK LYING EASTERLY OF BLOCK SIX- TEEN (16); ALL OF THE ALLEY LOCATED IN THE EASTERLY PART OF GRAND VIEW PLACE; AND ALL OF THE ALLEY EXTENDING THROUGH BLOCK FOURTEEN (14); ALL BEING IN THE CITY OF DUBUQUE, IOWA, AND ALL AS PER 1923 DUBUQUE CITY COUN- CIL SPECIAL ORDINANCE, DOCUMENT NO. 1295-96, TO BE KNOWN AS LOT AA AND LOT BB OF GRAND VIEW PLACE, IN THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque has, per Resolution 94-21, agreed to the sale of City Owned property including the vacated streets and alleys as described in the 1923 Dubuque City Council Special Ordinance recorded in the Dubuque County Recorder’s Office as Document Number 1295-9620, in the City of Dubuque, Iowa, to the Dubuque Golf and Country Club; and Whereas, the Dubuque Golf and Country Club has requested the conveyance of said street and alley right of way per the agreement; and Whereas, Buesing and Associates, Inc. has prepared and submitted to the City Council a plat showing the real estate hereinabove described, in the City of Dubuque, Iowa and assigned a lot number thereto, to be known as Lot AA and Lot BB of Grand View Place, in the City of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest in Lot AA and Lot BB of Grand View Place, in the City of Dubuque, Iowa, as shown on the attached Exhibit A. Section 2. That a public hearing, and/or by virtual means, on the intent to dispose of City interest in Lot AA and Lot BB of Grand View Place, in the City of Dubuque, Iowa is hereby set for the 17th day of October, 2022, at the Historic Federal Building, 350 W. 6th 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 said real estate to be published in the manner as prescribed by law. Passed, approved, and adopted this 3rd day of October, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Set Public Hearing for Sale of City-Owned Property at 2414 Windsor Avenue: Upon motion the documents were received and filed and Resolution No. 317-22 Intent to dispose of an inter- est in City of Dubuque Real Estate to Darnell Meekins, 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 October 17, 2022 in the Historic Federal Building. RESOLUTION NO. 317-22 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE TO DAR- NELL MEEKINS, SETTING A TIME AND PLACE FOR HEARING, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) owns 2414 Windsor Avenue (the Property) legally described as: Lot 3 and the Southerly 6 feet o f Lot 2 in Klingenberg’s Subdivision of Lot 2 in Stafford’s Addition in the City of Dubuque, Iowa, according to the recorded plat thereof; and Whereas, the City acquired the property through purchase from the previous owner with the intent of rehabilitation with the True North Program; and Whereas, it is the recommendation of the Housing and Community Development Department to approve the purchase agreement for the sale to Darnell Meekins according to the terms and conditions set out in the purchase agreement in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the City of Dubuque, Iowa, proposes to approve the purchase agreement of the above-described real estate to Darnell Meekins. Section 2. That the City Council shall conduct a public hearing on the proposed purchase agreement in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa on the 17th day of October, 2022, beginning at 6:30 PM. Section 2. 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 3rd day of October 2022. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 3. Fiscal Year 2023 First Budget Amendment: Upon motion the documents were received and filed and Resolution No. 318-22 Setting the date for the public hearing on Amendment No. 1 to the Fiscal Year 2023 Budget for the City of Dubuque was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on October 17, 2022 in the Historic Federal Building. RESOLUTION NO. 318-22 SETTING THE DATE FOR THE PUBLIC HEARING ON AMENDMENT NO. 1 TO THE FISCAL YEAR 2023 BUDGET FOR THE CITY OF DUBUQUE Whereas, Iowa Code Section 384.16 provides that the City Council shall set a time and place for a public hearing on amendments to the budget and publish notice before the hearing as provided in Iowa Code Section 362.3. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the City Council shall conduct a public hearing on proposed Amendment No. 1 to the Fiscal Year 2023 budget for the City of Dubuque at the City Council Chambers at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, on Monday, October 17, 2022, beginning at 6:30 p.m. ection 2. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing, according to law, together with the required budget information. Passed, approved, and adopted this 3rd day of October 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk BOARDS/COMMISSIONS Civil Service Commission: Mayoral selection of appointment. One, 4-Year term through April 6, 2026 (Vacant term of Baskerville). Applicants: Scott Crabill, 2757 Balboa Dr.; Michelle Hinke, 973 Patricia Ann Dr. This commission is subject to the State of Iowa Gender Balance Law, §69.16A. 3 Commissioners total; currently 1 male /1 fem ale. Mayor Cavanagh announced that Mr. Crabill has been selected for appointment to the commission. Iowa Code §400.1 requires publication of the name(s) of person(s) selected for appointment to the Civil Service Commission no less than thirty (30) days prior to a vote by the city council. Vote on appointment to occur at the November 7, 2022, city council meeting. Appointments were made to the following boards/commissions. Community Development Advisory Commission: One, 3-Year term through February 15, 2024 (Vacant Low/Mod Income Area Rep term of Craddieth). Applicant: Gerald Hammel Jr., 1225 Rhomberg Ave. - Qualifies as Low/Mod Income Area Rep. Motion by Jones to appoint Mr. Hammel to the three-year term through February 15, 2024. Seconded by Sprank. Motion carried 7-0. Housing Commission: One, 3-Year term through August 17, 2025 (Expired term of Dickens). Applicant: Cathy Dickens, 431 Alpine St. Motion by Roussell to appoint Ms. Dickens to the three- year term through August 17, 2025. Seconded by Farber. Motion carried 7 -0. PUBLIC HEARINGS 1. 2022 John F. Kennedy Road Sidewalk Installation Project: Motion by Jones to receive and file the documents and adopt Resolution No. 319-22 Approval of plans, specifications, form of contract, and estimated cost for the 2022 John F. Kennedy Road Sidewalk Installation Project - Iowa DOT Project No. TAP-U- 2100-703-8I-31. Seconded by Roussell. Motion carried 7-0. RESOLUTION NO. 319-22 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE 2022 JOHN F. KENNEDY ROAD SIDEWALK INSTALLATION PROJECT - IOWA DOT PROJECT NO. TAP-U-2100-703-8I-31 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the attached plans, specifications, form of contract and estimate of total cost for the 2022 John F. Kennedy Road Sidewalk Installation Project, Iowa DOT Project No. TAP-U-2100- 703-8I-31, in the estimated amount of $351,809.82 are hereby approved. Passed, approved, and adopted this 3rd day of October, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 2. Park and Recreation Advisory Commission Member Removal Recommendation : Motion by Roussell to receive and file the documents and adopt Resolution No. 320-22 Removing a Commissioner from the Park and Recreation Advisory Commission. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 320-22 REMOVING A COMMISSIONER FROM THE PARK AND RECREATION ADVISORY COM- MISSION Whereas, the City of Dubuque, Iowa Park and Recreation Advisory Commission is governed by Title 10 of the City of Dubuque Code of Ordinances; and Whereas, §10-5A-2 of the Code of Ordinances establishes the requirement for a ttendance at commission meetings as follows: . . . . J. Meetings: 1. Regular Meetings: The commission must meet not less than bi-monthly. 2. Special Meetings: Special meetings may be called by the Chairperson or at the writ- ten request of a majority of the Commissioners. 3. Open Meetings: All meetings must be called and held in conformance with the Iowa Open Meetings Law. 4. Attendance: a. In the event a Commissioner has been absent for three (3) or more consecutive meetings of the commission, without being excused by the Chairperson, such absence will be grounds for the commission to recommend to the City Council that the position be declared vacant and a replacement appointed. b. Attendance must be entered upon the minutes of all meeting s. 5. Minutes: A copy of the minutes of all regular and special meetings of the commission must be filed with the City Council within ten (10) working days after each meeting, or by the next regularly scheduled City Council meeting, whichever is later. 6. Quorum: Four (4) Commissioners constitute a quorum for the transaction of business. The affirmative vote of a majority of the Commissioners present and voting is necessary for the adoption of any motion or resolution; and Whereas, the Park and Recreation Advisory Commission has recommended to the City Council that Justin Hochberger be removed from the Commission for failure to comply with the attendance requirements, such recommendation attached as Exhibit A; and Whereas, §10-5A-2 of the Code of Ordinances authorizes removal of a commissioner for cause upon written charges and after public hearing; and Whereas, a public hearing was set for October 3, 2022, and notice was mailed to Justin Hochberger and published in accordance with Iowa Code §362.3; and Whereas, the City Council held a public hearing on the question of removing Commissioner Justin Hochberger from the Park and Recreation Advisory Commission on October 3, 2022. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The City Council hereby removes Justin Hochberger from the Park and Recreation Advisory Commission for noncompliance with the attendance requirement of the Code of Ordi- nances. Section 2. The City Clerk is hereby authorized and directed to begin recruitment for appoint- ment to the Park and Recreation Advisory Commission to fill the seat created by this removal. Passed, approved, and adopted this 3rd day of October, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Approving a Sixth Amendment to a Development Agreement between the City of Dubuque, Iowa and The Hotel Dubuque, L.L.C.: Motion by Farber to receive and file the documents and adopt Resolution No. 321-22 Approving the Sixth Amendment to Development Agreement by and between the City of Dubuque, Iowa and the Hotel Dubuque L.L.C., including the issuance of Urban Renewal Tax Increment Revenue Grant Obligations to the Dubuque Hotel L.L.C . Se- conded by Sprank. Susan Hess from Hammer Law Firm and David Elias Rachie of The Hotel Dubuque L.L.C. provided a brief overview of the proposed development and responded to ques- tions from the City Council. Motion carried 7-0. RESOLUTION NO. 321-22 APPROVING THE SIXTH AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BE- TWEEN THE CITY OF DUBUQUE, IOWA, AND THE HOTEL DUBUQUE L.L.C., INCLUDING THE ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE GRANT OBLIGA- TIONS TO THE DUBUQUE HOTEL L.L.C. Whereas, the City of Dubuque, Iowa (hereinafter “City”) and Warehouse Trust, LLC, entered into a Development Agreement dated for reference purposes the 17 th day of June 2013 for the development of certain Minimum Improvements described therein, namely, Condominium Units and Parking Lot; and Whereas, the Development Agreement, as amended, was subsequently assigned to Novelty Iron Landlord, LLC with the consent of City; and Whereas, The Hotel Dubuque L.L.C. has entered into a Purchase Agreement with Novelty Iron Landlord, LLC, to purchase the Condominium Units and Parking Lot presently owned by Novelty Iron Landlord, LLC, and constituting the entirety of the assets of Novelty Ir on Landlord, LLC; and Whereas, the legal description of the Condominium Units and Parking Lot will be amended to identify the properties as: “Unit A of Novelty Iron Works Condominiums located on Lot 1 of Lot 1 of Center City Place #2” (hereinafter “Unit A”); and “Unit B of Novelty Iron Works Condominiums located on Lot 1 of Lot 1 of Center City Place #2 and Lot 2 of Lot 1 of Center City Place #2” (hereinafter “Unit B”); and Whereas, The Hotel Dubuque L.L.C. intends to improve some or all of Unit B to operate as a full-service boutique hotel, currently contemplated as a JdV by Hyatt or similar brand; and Whereas, The Hotel Dubuque L.L.C. has requested that the City agree to the Sixth Amend- ment to the Development Agreement attached hereto; and Whereas, the Development Agreement provides for the issuance by City of economic devel- opment grants to The Hotel Dubuque L.L.C., referred to therein as Urban Renewal Tax Incre- ment Revenue Grant Obligations, payable from the tax increment revenues collected in respect of the Improvements to be constructed by The Hotel Dubuque L.L.C. in accordance with the Development Agreement, for the purpose of carrying out the objectives of an Urban Renewal Plan for the Greater Downtown Urban Renewal District; and Whereas, the City Council held a public hearing on the Sixth Amendment on the 3 rd day of October, 2022; and Whereas, the City Council finds that the Sixth Amendment should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The Sixth Amendment to Development Agreement is hereby approved, including the issuance by City of economic development grants to The Hotel Dubuque L.L.C., referred to therein as Urban Renewal Tax Increment Revenue Grant Obligations, payable from the tax in- crement revenues collected in respect of the Improvements to be constructed by The Hotel Dubuque L.L.C. in accordance with the Development Agreement, for the purpose of carrying out the objectives of an Urban Renewal Plan for the Greater Downtown Urban Renewal District. Section 2. The Mayor is authorized and directed to sign the Sixth Amendment on behalf of the City of Dubuque. Section 3. The City Manager is authorized to take such action as necessary to carry out the terms of the Sixth Amendment by the Cit of Dubuque Passed, approved, and adopted this 3rd day of October, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk PUBLIC INPUT City Clerk Breitfelder stated that written input was received from the Dubuque Area Chamber of Commerce, the Dubuque Racing Association, and Greater Dubuque Development Corpora- tion in support of Action Item No. 1. ACTION ITEMS 1. Support for Minimum Revenue Guarantee to attract an Ultra Low Cost Carrier to Dubuque Regional Airport: Motion by Roussell to receive and file the documents; approve the recommen- dation to budget $250,000 a year for two years for a total of $500,000 towards a Minimum Rev- enue Guarantee to get an Ultra Low Cost Carrier to provide four flight s a week, two to Orlando, Florida and two to Fort Myers, Florida on a 737-800, 180-seat aircraft; and view the presentation. Seconded by Jones. Airport Director Todd Dalsing and Dubuque Area Chamber of Commerce President and Dubuque Area Chamber Air Service Task Force Lead Molly Grover made a presentation. Responding to questions from the City Council, Mr. Dalsing stated that flights could be available in the first quarter of 2023 at a price competitive to a $70 one -way ticket. Mr. Dalsing emphasized that other flight options are being considered. City Council Members ex- pressed support for the flight option and stressed the importance of returning air service to Dubuque. City Council Members also underscored that this option is one component of the multi-pronged approach of air service in Dubuque. Motion carried 7-0. 2. Experience Schmitt Island: Mississippi River Outdoor Amphitheater and Island Trails Pro- ject Destination Iowa Grant Application: Motion by Jones to receive and file the documents and approve the grant application. Seconded by Sprank. Director of Strategic Partnerships Teri Goodmann introduced Dubuque Racing Association (DRA) President and CEO Alex Dixon, who made a presentation. Responding to questions from the City Council, City Manager Van Milligen summarized the debt financing strategy for the project, the city’s debt reduction strategy, and the amount of DRA funds comprised in the city’s budget. City Council Members expressed sup- port for the project, stating that increasing amenities is crucial to attracting and retaining resi- dents. Motion carried 7-0. 3. Work Session Request: Update on Housing Choice Voucher Program: Motion by Jones to receive and file the documents and schedule the work session for Monday, November 7, 2022, at 5:30 p.m. Seconded by Roussell. No schedule conflicts were expressed. Motion carried 7-0. 4. 16th Edition of Art on the River Video: Motion by Roussell to receive and file the documents and view the video. Seconded by Farber. Media Services displayed a video highlighting the 16th edition of Art on the River. The video can be viewed at: https://www.youtube.com/watch?v=DPV6ZENohkk. Motion carried 7 -0. COUNCIL MEMBER REPORTS Council Member Farber reported on attending the America in Bloom National Award s Pro- gram with Parks and Recreation Commission member Jennifer Tigges and Leisure Services Lead Administrative Assistant Kristen Dietz. Council Member Resnick reported on attending the Latinx Festival. Council Member Roussell reported on attending the Iowa League of Cities Annual Confer- ence and Exhibit, speaking at the Marshallese Cultural Day, and the recent volunteer efforts of Dubuque Trees Forever. Council Member Wethal reported on attending the Dubuque Museum of Art’s Annual Gala. Council Member Sprank reported on the Dubuque Area Labor Harvest’s upcoming food give- away event and the Bluff Strokes public art sale event. Mayor Cavanagh reported on participating in a US Conference of Mayors discussion around Federal Emergency Management Agency (FEMA) funding, in which he shared how Dubuque has used FEMA funding for the Bee Branch Watershed Flood Mitigation Project. CLOSED SESSION Motion by Jones to convene in closed session at 9:17 p.m. to discuss Pending Litigation and Purchase or Sale of Real Estate – Chapter 21.5(1)(c),(j) Code of Iowa. Seconded by Sprank. 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 10:44 p.m. stating that staff had been given proper direction. There being no further business, Mayor Cavanagh declared the meeting adjourned at 10:44 p.m. /s/Adrienne N. Breitfelder, City Clerk