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08 15 22 City Council Proceedings Official_Special and regular CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on August 15, 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 (participated virtually), 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 work sessions on federal and state grant updates and Imagine Dubuque. WORK SESSIONS (2) 1. Federal and State Grant Updates - American Rescue Plan Act (ARPA) and Bipartisan Infrastructure Law (BIL) Grant Updates and Inflation Reduction Act of 2022 Director of Strategic Partnerships Teri Goodmann, ICMA Local Government Management Fellow Abhishek Rai, and Technical Grant Analyst/Assistant Justin Thiltgen made a presentation and responded to a question from the City Council regarding the trail connection grant for the 16th St. Bridge. Due to time constraints, Mayor Cavanagh requested Council Members email all additional questions to the presenters. This work session concluded at 6:00 p.m. 2. Imagine Dubuque Implementation Planning Services Manager Wally Wernimont and Assistant Planner Chris Happ Olson made a presentation and responded to a question from the City Council regarding neighborhood association engagement in implementing the comprehensive plan. There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:22 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 August 15, 2022, in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Cavanagh; Council Members Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen (participated virtually and experienced technical difficulties during roll call), City Attorney Brumwell. Mayor Cavanagh read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PRESENTATION(S) 1. COVID-19 Update: Public Health Specialist Mary Rose Corrigan provided an update on the COVID-19 pandemic and response activities. CONSENT ITEMS Ryan Sempf, 7819 Commerce Park, requested Item No. 22 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. 22. Seconded by Farber. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council proceedings of 8/1/22 and 8/8/22; Historic Preservation Commission of 7/21/22; Long Range Planning Advisory Commission of 7/20/22; Zoning Advisory Commission of 8/3/22; Zoning Board of Adjustment of 7/28/22; Proof of publication for City Council proceedings of 7/5/22 and 7/18/22. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Muhamed Dogic 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: Carolyn Bennett for vehicle damage; Muhamed Dogic 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. 266-22 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. 266-22 AUTHORIZING THE DIRECTOR OF FINANCE AND BUDGET / CITY TREASURER TO MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT IN ACCORDANCE WITH CITY PROCEDURES Whereas, Section 1-7-7(E) of the Municipal Code of the City of Dubuque provides that the Finance Director-City Treasurer shall keep an accurate account of all disbursements, money, or property, specifying date, to whom, and from what fund paid; and Whereas, the invoices, presented by those firms and persons providing such goods and services have been pre-audited by Finance Department personnel in accordance with generally accepted internal control procedures and have been determined to have been requisitioned for a lawful municipal purpose; and Whereas, the Finance Director-City Treasurer has provided a list of Expenditures attached hereto, and by this reference made a part hereof, to be drawn to pay for goods and services provided for City purposes; and Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142 -18 adopted May 7, 2018, authorized the Finance Director-City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Finance Director-City Treasurer is hereby authorized to issue payment for goods and services provided for City purposes in response to the purchase orders and contracts issued in compliance with state and municipal code requirements as requested by designated requisitioning authorities in accordance with approved budget appropriations. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance Director are hereby authorized and directed to provide the statement of receipts and disbursements to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 15th day of August, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Certified Local Government (CLG) Grant - Deereville Neighborhood Intensive Architectural and Historical Survey: Upon motion the documents were received and filed, and Resolution No. 267-22 Authorizing CLG Grant Application to State Historic Preservation Office for the Deereville Intensive Survey was adopted. RESOLUTION NO. 267-22 AUTHORIZING CLG GRANT APPLICATION TO STATE HISTORIC PRESERVATION OFFICE FOR THE DEEREVILLE INTENSIVE SURVEY Whereas, the State Historic Preservation Office has made available the grant opportunity of the Certified Local Government Program (CLG) for which the City of Dubuque intends to apply for funding for the Deereville Intensive Survey. This will support the development of an intensive architectural and historical survey of the area developed for housing for John Deere in the immediate post-World War II years; and Whereas, the City of Dubuque has adopted the 2037 Imagine Dubuque Comprehensive Plan that includes goals for educating the community about the benefits of historic preservation; and Whereas, the City of Dubuque Historic Preservation Commission’s 2022 Workplan identifies this project as a high priority; and Whereas, the project meets goals in the State Historic Preservation Office’s Broadening Preservation’s Reach, 2013-2022 plan, by telling the story of modern development in post-World War II Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor hereby is authorized to submit the FY 2023 GLG Grant application to the State Historic Preservation Office for the Deereville Intensive Survey. Section 2. The Planning Services Manager hereby authorized to serve as project manager in accordance with state requirements. Passed, approved, and adopted this 15th day of August 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Certified Local Government (CLG) Grant – Voelker Highlands Intensive Architectural and Historical Survey: Upon motion the documents were received and filed, and Resolution No. 268- 22 Authorizing CLG Grant Application to State Historic Preservation Office for the Voelker Highlands Intensive Survey was adopted. RESOLUTION NO. 268-22 AUTHORIZING CLG GRANT APPLICATION TO STATE HISTORIC PRESERVATION OFFICE FOR THE VOELKER HIGHLANDS INTENSIVE SURVEY Whereas, the State Historic Preservation Office has made available the grant opportunity of the Certified Local Government Program (CLG) for which the City of Dubuque intends to apply for funding for the Voelker Highlands Intensive Survey. This will support the development of an intensive architectural and historical survey of the area developed by Christian Anton Voelker in the early 20th Century; and Whereas, the City of Dubuque has adopted the 2037 Imagine Dubuque Comprehensive Plan that includes goals for educating the community about the benefits of historic preservation; and Whereas, the City of Dubuque Historic Preservation Commission’s 2022 Workplan identifies this project as a priority; and Whereas, the project meets goals in the State Historic Preservation Office’s Broadening Preservation’s Reach, 2013-2022 plan, by telling the story of more recent 20th Century development and stories. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor hereby is authorized to submit the FY 2023 GLG Grant application to the State Historic Preservation Office for the Voelker Highlands Intensive Survey. Section 2. The Planning Services Manager hereby authorized to serve as project manager in accordance with state requirements. Passed, approved, and adopted this 15th day of August 2022. Brad Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7. Plat of Survey of Y-Camp Place No. 2: Upon motion the documents were received and filed, and Resolution No. 269-22 Approving the Final Plat of Survey of Y-Camp Place No. 2, Dubuque County, Iowa was adopted. RESOLUTION NO. 269-22 APPROVING THE FINAL PLAT OF SURVEY OF Y-CAMP PLACE NO. 2, DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Survey of Y -Camp Place No. 2, Dubuque County, Iowa that is within the City’s 2-mile extraterritorial jurisdiction; and Whereas, the intention of platting the property is to sell Lot 2 of Y-Camp Place No. 2 Dubuque County, Iowa from the Young Men’s Christian Association of Dubuque, Iowa to The Butler Children’s Garden Foundation, Inc. Whereas, said Plat of Survey has been examined by the Zoning Advisory Commission and its approval has been endorsed thereon; with the condition that a waiver of the 50 -foot street frontage requirement for Lot 2 will only occur upon receipt of an approved and finalized access agreement with the City of Dubuque and the applicable entity(ies); and Whereas, said Plat of Survey has been examined by the City Council and they find that it conforms to the statues and ordinances relating thereto; and Whereas, the City Council concurs in the condition of approval established by the Zoning Advisory Commission. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is waived to allow 0 feet of frontage for Lot 2 on a public street or an approved private street. Section 2. That the Plat of Survey: Y-Camp Place No. 2, Dubuque County, Iowa is hereby conditionally approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said Plat of Survey provided the Young Men’s Christian Association of Dubuque, Iowa and The Butler Children’s Garden Foundation, Inc. shall execute their written acceptance of the condition hereto attached, acknowledging, and agreeing: (a) To secure an approved and finalized access agreement with the City of Dubuque and the applicable entity(ies). Section 3. That in the event the Young Men’s Christian Association of Dubuque, Iowa and The Butler Children’s Garden Foundation, Inc. fail to execute the Acceptance provided for in Section 2 herein within forty-five (45) days after the date of this Resolution, the provisions herein shall be null and void and the approval of the plat shall not be effective. Passed, approved, and adopted this 15th day of August 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk ACCEPTANCE OF RESOLUTION NO. 269-22 I, the undersigned, Debra A. Butler, President of The Butler Children’s Garden Foundation, Inc., having read the terms and conditions of the foregoing Resolution No. 269-22 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 15th day of August 2022. /s/Debra A. Butler, President of The Butler Children’s Garden Foundation, Inc. ACCEPTANCE OF RESOLUTION NO. 269-22 I, the undersigned, Tony Calabrese having read the terms and conditions of the foregoing Resolution No. 269-22 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 15th day of August 2022. /s/Tony Calabrese, President, and CEO Young Men’s Christian Association of Dubuque, Iowa 8. Pre-Annexation Agreement – Robert J and Kathleen L Kieffer Family Joint Revocable Trust: Upon motion the documents were received and filed, and Resolution No. 270-22 Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and Robert J and Kathleen L Kieffer Family Joint Revocable Trust was adopted. RESOLUTION NO. 270-22 APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND ROBERT J AND KATHLEEN L KIEFFER FAMILY JOINT REVOCABLE TRUST Whereas, Robert J and Kathleen L Kieffer Family Joint Revocable Trust, the owner of the following described property located at 17206 Chicory Street 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: LOT 11 OF WILDFLOWER RIDGE SUBDIVISION #3 IN DUBUQUE COUNTY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF Whereas, Robert J and Kathleen L Kieffer Family Joint Revocable Trust 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 Robert J and Kathleen L Kieffer Family Joint Revocable Trust and the City of Dubuque is hereby approved. Passed, approved, and adopted this 15th day of August 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 9. Community Development Block Grant (CDBG) Microenterprise Funds: Grant Administration Agreement for the Low- and Moderate-Income (LMI) Business Assistance Grant Program: Upon motion the documents were received and filed, and Resolution No. 271-22 Grant Administration Agreement with the Fountain of Youth Program to administer the Low - and Moderate-Income Small Business Assistance Grant Program was adopted. RESOLUTION NO. 271-22 APPROVING A GRANT ADMINISTRATION AGREEMENT WITH THE FOUNTAIN OF YOUTH PROGRAM TO ADMINISTER THE LOW- AND MODERATE-INCOME SMALL BUSINESS ASSISTANCE GRANT PROGRAM Whereas, Community Development Block Grant funds (the Funds) have been allocated for the purpose of supporting microenterprises within the city of Dubuque which are owned by low- to moderate-income individuals; and Whereas, the Community Development Advisory Commission (the Commission) has purview over the use of the Funds; and Whereas, the Commission has reviewed and approved the use of the Funds in the City of Dubuque Small Business Assistance Grant Program (the Grant); and Whereas, The Fountain of Youth Program has the infrastructure necessary to administer the Grant; and Whereas, the City Council finds that it is in the interests of the City of Dubuque to approve the Grant Administration Agreement with The Fountain of Youth Program to administer the Grant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Grant Administration Agreement between the City of Dubuque, Iowa, and The Fountain of Youth Program, a copy of which is attached hereto, is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Grant Administration 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 Grant Administration Agreement. Passed, approved, and adopted this 15th day of August, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 10. Letter of Support to National Endowment for the Arts Our Town Program in Support of Community through Creativity Proposal from Voices Produ ctions in Partnership with Dubuque Museum of Art: Upon motion the documents were received, filed, and approved. 11. Iowa Department of Public Health (IDPH) Childhood Lead Poisoning and Healthy Homes Funding and Agreement with the Visiting Nurse Association (VNA) and the Dubuque County Board of Health: Upon motion the documents were received, filed, and approved. 12. Fiscal Year (FY) 2023 Detailed Budget for the Five Flags Civic Center : Upon motion the documents were received, filed, and approved. 13. Former Pyatigorsk Park Renaming Process Proposal: Upon motion the documents were received, filed, and approved. 14. Notice of Award and Approval to Execute Agreement for 2022 -2023 City of Dubuque AmeriCorps Program: Creating Opportunities: Upon motion the documents were received, filed, and approved. 15. Acceptance of Sanitary Sewer Improvements across Dubuque Initiatives Property behind 1500 Radford Road in Dubuque: Upon motion the documents were received and filed, and Resolution No. 272-22 Accepting Public Sanitary Sewer Improvements across Part of Lot 1 of Dubuque Industrial Center 14th Addition, in the City of Dubuque, Dubuque County Iowa was adopted. RESOLUTION NO. 272-22 ACCEPTING PUBLIC SANITARY SEWER IMPROVEMENTS 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, pursuant to said agreement, certain public improvements including sanitary sewer and appurtenances, were installed by Geisler Family Realty; 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 sanitary sewer improvements in Part of Lot 1 of Dubuque Industrial Center 14 th Addition, in the City of Dubuque, Dubuque County, Iowa, be and the same are hereby accepted. Passed, approved, and adopted this 15th day of August 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 16. Acceptance of Subdivision Improvements in Stone Brook Center Third Addition : Upon motion the documents were received and filed, and Resolution No. 273-22 Accepting Public Improvements in Stone Brook Center Third Addition, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 273-22 ACCEPTING PUBLIC IMPROVEMENTS IN STONE BROOK CENTER THIRD ADDITION, IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to Resolution 279-21, certain public improvements including street paving with curb, sanitary sewer main, water main, storm sewers and catch basins, street lighting, and fiber optic conduit and vaults were installed by the developer of Stone Brook Center Third Addition, 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 DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said public improvements in Stone Brook Center Third Addition be and the same are hereby accepted. Section 2. That a maintenance guarantee covering said public improvements shall be provided by the owners, NEZTROP LLC, for a period of two (2) years from the date of this resolution. Passed, approved, and adopted this 15th day of August, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 17. Mystique Ice Center Arena Rink Excavating & Demolition Project: Acceptance of Public Improvement Construction Contract - Mystique Settling Remediation: Upon motion the documents were received and filed, and Resolution No. 274-22 Accepting the Mystique Ice Center Arena Rink Excavating & Demolition Project was adopted. RESOLUTION NO. 274-22 ACCEPTING THE MYSTIQUE ICE CENTER ARENA RINK EXCAVATING & DEMOLITION PROJECT Whereas, the public improvement contract for the Mystique Ice Center Arena Rink Excavating & Demolition Project (the Project) has been completed by the Contractor, Gansen Excavating Inc., (Contractor), and the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $29,925.28; and Whereas, the Contractor has previously been paid $28,429.02, leaving a balance of $1,496.26; 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 $1,496.26 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 15th day of August 202 2. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 18. Acceptance of Public Water Distribution System Improvements in Wildflower Ridge Subdivision, in Dubuque County, Iowa: Upon motion the documents were received and filed, and Resolution No. 275-22 Accepting Public Water Distribution System Improvements in Wildflower Ridge Subdivision, in Dubuque County, Iowa was adopted. RESOLUTION NO. 275-22 ACCEPTING PUBLIC WATER DISTRIBUTION SYSTEM IMPROVEMENTS IN WILDFLOWER RIDGE SUBDIVISION, IN DUBUQUE COUNTY, IOWA Whereas, pursuant to a Memorandum of Understanding between the City of Dubuque and Vendors Unlimited Corporation, which was approved on June 7, 2021 by City Council Resolution No. 197-21, a copy of which is attached hereto, certain private improvements, including a water main distribution system were to be dedicated by Vendors Unlimited Corporation to the City of Dubuque for ownership and maintenance; and Whereas, per the requirements of the Memorandum of Understanding, Vendors Unlimited Corporation has made all necessary improvements to its water distribution system to make the system compliant with Iowa DNR requirements and City of Dubuque Standards; 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 all public water distribution improvements, not including water service lines from wa ter main to each residence which are to remain private, in Wildflower Ridge Subdivision, in Dubuque County, Iowa, be and the same are hereby accepted and will become part of the City’s water distribution system. Passed, approved, and adopted this 15th day of August 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 19. Signed Contract(s): No-Cost Grant Extension Amendment to 2021-2022 AmeriCorps Partners in Learning Grant; Graymont Western Lime, Inc. for the Eagle Point Water Plant H igh Calcium Quicklime; Shive Hattery for MSC EV Chargers. Upon motion the documents were received and filed. 20. Improvement Contracts / Performance, Payment, and Maintenance Bonds McDermott Excavating for the Wilbricht Lane Detention Basin Project. Upon motion the documents were received, filed, and approved. 21. Downtown Rehabilitation Loan for 378 Main Street : Upon motion the documents were received, filed, and approved. 22. Letter in Support of Refugee Resettlement: Mr. Sempf thanked City Council for their consideration of this agenda item and stated the importance of considering various ways to bring individuals to Dubuque. Motion by Jones to receive and file the letter. Seconded by Resnick. Motion carried 7-0. 23. Termination of Community Development Block Grant CARES Act (CDBG-CV) Agreement between the City of Dubuque and Dubuque for Refugee Children : Upon motion the documents were received and filed, and Resolution No. 276-22 Termination of Fiscal Year 2022 CDBG-CV Nonprofit Support Grant Agreement with Dubuque for Refugee Children was adopted. RESOLUTION NO. 276-22 RESOLUTION FOR TERMINATION OF FISCAL YEAR 2022 CDBG-CV NONPROFIT SUPPORT GRANT AGREEMENT WITH DUBUQUE FOR REFUGEE CHILDREN Whereas, Dubuque for Refugee Children and the City of Dubuque entered a subrecipient agreement on February 21, 2022; and Whereas, Dubuque for Refugee Children requests for the agreement to be terminated; and Whereas, no payments were requested and no funding has been released to Dubuque for Refugee Children since the Subrecipient Agreement execution date. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Subrecipient Agreement, authorized by the Community Development Advisory Commission beginning February 21, 2022, for COVID Nonprofit Support Grant for Dubuque for Refugee Children be terminated. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute the Termination Agreement on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 15th day of August 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 24. Alcohol and Tobacco License Applications: Upon motion the documents were received and filed, and Resolution No. 277-22 Approving applications for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits and Resolution No. 278-22 Approving applications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa Code Chapter 453A.47A were adopted. RESOLUTION NO. 277-22 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 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 comply with the Ordinances of the City, and the applicants have filed the proper fe es and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Clerk is hereby authorized and directed to cause to be issued th e noted permit types to the following applicants pending submission of the locally required documentation: Renewals Big 10 Mart 11 3300 Asbury Rd. Big 10 Mart 12 405 Rhomberg Ave. EZ STOP II 700 Rhomberg Ave. Phillips 66/Arby's 10 South Main St. Red Robin America's Gourmet Burgers & Spirits 2775 NW Arterial The Magnolia Events, LLC 168 East 10th St. Special Event(s) per Special Event Application Submittal Dubuque Jaycees, Millwork Night Market, 9-4-22 to 9-9-22 and 10-9-22 to 10-13-22 7th & Jackson to 9th and Jackson plus East 8th St. to Elm St. Passed, approved, and adopted this 15th day of August 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 278-22 APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES / NICOTINE / VAPOR PERMITS, AS REQUIRED BY IOWA CODE 453A.47A Whereas, applications for Cigarette/Tobacco Sales have been submitted and filed with the City Council for approval, and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the following named applicants and locations for cigarette/tobacco sales permit. Business Name Business Address Diamond Jo Casino 301 Bell Street Passed, approved, and adopted this 15th day of August 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. Motion carried 7-0. 1. Comiskey Park – Phase 1 Redevelopment Project: Resolution Setting a Public Hearing on the Approval of the Project Schedule Enhancement Payment and the Award of the Public Improvement Contract on the Project: Upon motion the documents were received and filed and Resolution No. 279-22 Setting a public hearing on the award of a co ntract to Portzen Construction Inc. for the Re-Imagine Comiskey Park Master Plan Phase One Redevelopment Project and approval of the project schedule enhancement payment was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 22, 2022 in the Grand River Center. RESOLUTION NO. 279-22 COMISKEY PARK – PHASE 1 REDEVELOPMENT PROJECT - SETTING A PUBLIC HEARING ON THE AWARD OF A CONTRACT TO PORTZEN CONSTRUCTION INC. FOR THE RE-IMAGINE COMISKEY PARK MASTER PLAN PHASE ONE REDEVELOPMENT PROJECT AND APPROVAL OF THE PROJECT SCHEDULE ENHANCEMENT P AYMENT Whereas, Comiskey Park is a popular community park and was identified by the City of Dubuque City Council as a priority for redevelopment; and Whereas, the public engaged to provide their dreams and ideas in the Re -Imagine Comiskey process that resulted in a Re-Imagine Comiskey Park Master Plan and Phase One Redevelopment Project (the Project); and Whereas, the city and grant funding now allows the Project to move forward and make those dreams come true; and Whereas, the residents of the City of Dubuque will benefit from the renovated park opening as soon as possible; and Whereas, sealed proposals have been submitted by contractors for the Project pursuant to Resolution No. 252-22 and Notice to Bidders published on the City of Dubuque, Iowa website and plan room service with statewide circulation on the 20th day of July 2022; and Whereas, said sealed proposals were opened and read on the 10th day of August 2022 and it has been determined that Portzen Construction Inc. of Dubuque, IA submitted the low bid in the amount of $1,932,750.00 and is the lowest responsive, responsible bidder for the Project; and Whereas, the proposed Project Schedule Enhancement Payment for the Project provides for an On-Time Finish Incentive Payment of Twenty Thousand Dollars ($20,000) which shall be applied to the Project if the Contractor completes the required work by the Project’s Substantial Completion date of May 11, 2023. To qualify to receive the On-Time Finish Incentive Payment, the Contractor must meet all functional and safety related contract performance requirements in accordance with the Contract Documents, and specifically shall have met the definition of Substantial Completion as defined in Section 1050, paragraph 1.14 of the City of Dubuque Supplemental Specifications for this Project. Accordingly, to qualify for the On -Time Finish Incentive Payment, the Contractor must have requested and completed the punchl ist/joint inspection for the Project, after the inspection is completed, and the Engineer/Architect must have determined that the requirements of Substantial Completion have been satisfied in order for On Time Finish Incentive Payment to be issued. For each calendar day the Project is not Substantially Complete after May 11, 2023, Two Thousand Dollars ($2,000) per day will be deducted from the On-Time Finish Incentive Payment. For example, if the Project is deemed Substantially Complete on May 15th, ($2,000 x 4 days = -$8,000) the On-Time Finish Incentive Payment would be Twelve Thousand Dollars ($12,000). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Portzen Construction Inc. has submitted the low bid for the Project in the amount of $1,932,750.00 and has been deemed a responsive and responsible contractor and a Public Improvement Construction Contract is hereby recommended to be awarded to Portzen Construction for the Comiskey Park – Phase I Redevelopment Project. Section 2. Is if further recommended that the proposed Project Schedule Enhancement Payment for the Project be approved. Section 3. A public hearing will be held on the 22nd day of August 2022, at 4:00 p.m. in Grand River Center, Room 4, 500 Bell Street, Dubuque, Iowa, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the Project Schedule Enhancement Payment and award of contract for the Project. Section 4. The City Clerk be and is hereby directed to cause the attach ed notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa. At the hearing, any interested person may appear and file objections to the Project Schedule Enhancement Payment and award of a contract for the Project. Passed, approved, and adopted this 15th day of August 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Carnegie-Stout Library – Roofs 1 & 2 Restoration Project: Upon motion the documents were received and filed and Resolution No. 280-22 Carnegie-Stout Roofs 1 & 2 Restoration Project: preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 6, 2022 in the Historic Federal Building. RESOLUTION NO. 280-22 CARNEGIE-STOUT ROOFS 1 & 2 RESTORATION PROJECT - PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST Whereas, the Carnegie-Stout Roofs 1 & 2 are currently out of warranty; and Whereas, the roofs have been inspected and found to be in need of restoration to prevent water infiltration into the building. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The proposed plans, specifications, fo rm of contract and estimated cost for the Carnegie-Strout Roofs 1 & 2 Restoration Project, in the estimated cost amount of $209,500.00, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. Section 2. A public hearing will be held on the 6th day of September 2022, at 6:30 p.m. in the Historic Federal Building Council Chambers and/or by virtual means, 350 West 6th Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or agains t the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. Passed, approved, and adopted this 15th day of August 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk BOARDS/COMMISSIONS Applications were reviewed for the following Boards and Commissions. Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. 1. 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. Mr. Blocker spoke in support of his application and provided a brief biography. 2. 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. Mr. Sempf spoke in support of his application and provided a brief biography. PUBLIC INPUT Regarding Action Items No. 2 and 3, Jon Denham, 1955 Pulpit Rock Ln., Vice President of the Dubuque Soccer Alliance, spoke in favor of the action items and provided a brief biography of the Dubuque Soccer Alliance and their desire to purchase the Dubuque Soccer Complex. ACTION ITEMS 1. Introduction of Assistant City Attorney Jason Lehman: Motion by Jones to receive and file the documents and listen to the presentation. Seconded by Sprank. City Attorney Brumwell introduced Assistant City Attorney Jason Lehman, who provided a brief biography. Motion carried 7-0. 2. Dubuque Soccer Alliance Letter: Motion by Resnick to receive and file the documents. Seconded by Farber. City Council Members expressed support for the Dubuque Soccer Alliance and their goal to purchase the Dubuque Soccer Complex. City Council Members also concurred with considering any funding support for the Dubuque Soccer Alliance during council’s annual goal setting. Motion carried 7-0. 3. Letter of Support for Dubuque Soccer Alliance Bid for Dubuque Soccer Complex : Motion by Jones to receive and file the documents and approve the letter. Seconded by Sprank. City Attorney Brumwell read the letter into the record. City Council Members expressed enthusiasm for the letter. Motion carried 7-0. 4. National Low Income Housing Coalition Out of Reach Report: Motion by Resnick to receive and file the documents. Seconded by Roussell. Housing and Community Development Director Alexis Steger summarized the report and responded to questions from the City Council regarding the average wage of renters, the types of income analyzed f or the report, and potential solutions. Motion carried 7-0. 5. City Fiscal Year (FY) 2023 Update to Dubuque County Resource Enhancement and Protection (REAP) 5-Year Plan and City Council Representative to REAP Committee: Motion by Jones to receive and file the documents, appoint Council Member Sprank as the City Representative, and approve the update. Seconded by Farber. Motion carried 7 -0. COUNCIL MEMBER REPORTS Council Member Sprank reported on volunteering for the Dubuque Area Labor Harvest’s food giveaway event and stated that he intends to confer their funding needs at council’s upcoming goal setting sessions. Council Member Farber reported on attending the 2022 Field of Miracles Game hosted by Miracle League of Dubuque and FOX Sports. Council Memb er Farber thanked Council Member Resnick for also attending the event. Council Member Jones congratulated the City of Dyersville and Travel Dubuque on hosting Major League Baseball’s recent Field of Dreams game. Council Member Wethal reported on attending Fountain of Youth’s graduation ceremony. Council Member Cavanagh reported on attending the Art on the River opening celebration and encouraged residents to view the exhibit. CLOSED SESSION Motion by Jones to convene in closed session at 7:45 p.m. to discuss Purchase or Sale of Real Estate – Chapter 21.5(1)(j) Code of Iowa. Seconded by Resnick. Mayor Cavanagh stated for the record that the attorney who will consult with City Council on the issues to be discussed in the closed session is City Attorney Brumwell. Motion carried 7-0. The City Council reconvened in open session at 8:09 p.m. stating that staff had been given proper direction. There being no further business, Mayor Cavanagh declared the meeting adjourned at 8:09 p.m. /s/Adrienne N. Breitfelder, City Clerk