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10 17 22 CityCouncil Proceedings Official _RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on October 17, 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, 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. City Clerk Breitfelder announced that Items Set for Public Hearing No. 3 : Resolution of Ne- cessity for the Amendment of the Derby Grange Road Housing Urban Renewal Plan, Version 2022.1; Items Set for Public Hearing No. 4: Resolution of Necessity for the Proposed Urban Renewal Plan for the John F. Kennedy (JFK) Road Urban Renewal Area; and Action Item No. 5: Request to Reschedule Five Flags Civic Center Work Session were removed from the meet- ing. Resolutions 336 and 337 would have gone here if not pulled. PLEDGE OF ALLEGIANCE PRESENTATION(S) 1. America In Bloom (AIB) Awards Presentation: Leisure Services Manager Marie Ware made a presentation recognizing the City of Dubuque and Council Member Susan R. Farber's nomi- nations and awards for the 2022 AIB Symposium and Awards Celebration. PROCLAMATION(S) 1. Brain Health Awareness Month (October 2022) was accepted by Debi Butler on behalf of Brain Health Now. 2. Gentleman Day (October 19, 2022) was accepted by BobbieSue Lopez and Angela Heister on behalf of Waypoint. 3. Lights On Afterschool Day (October 20, 2022) was accepted by Beth McGorry on behalf of St. Mark Youth Enrichment. 4. Extra Mile Day (November 1, 2022) was accepted by AmeriCorps Director Heather Satterly on behalf of the AmeriCorps Program and Extra Mile America. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Farber. Motion carried 7 -0. 1. Minutes and Reports Submitted: City Council Proceedings of 10/03/22; Library Board of Trustees Update of 9/22/22; Zoning Advisory Commission o f 10/5/22; Zoning Board of Adjust- ment of 09/22/22; Proofs of Publication for City Council Proceedings of 09/06/22, 09/19/22, and Precinct Boundary Changes. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Black Hills Energy for property damage; Michael Blaser for vehicle damage; Derrick Johnson for vehicle damage; Lucas Spencer 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: Beidler Towing for vehicle damage; Black Hills Energy for property damage; Michael Blaser for vehicle damage; Juanita Gates for vehicle damage; Debra Heim for property damage; Derrick Johnson for vehicle damage; Lucas Spencer 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. 322-22 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. 322-22 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 h as 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 17th day of October, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Iowa Communities Assurance Pool (ICAP) Tree Planting : Senior Counsel transmitted in- formation regarding ICAP presenting the city with a tree to celebrate ICAP's thirty -fifth anniver- sary and to acknowledge the city's long-standing participation in ICAP. The tree was planted in Flora Park on October 5, 2022. Upon motion the documents were received and filed. 6. Adoption of Supplement Number 2022 S -8 to the City of Dubuque Code of Ordinances: Upon motion the documents were received and filed, and Resolution No. 323-22 Adopting Sup- plement No. 2022 S-8 to the Code of Ordinances of the City of Dubuque, Iowa was adopted. RESOLUTION NO. 323-22 ADOPTING SUPPLEMENT NO. 2022 S-8 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance No. 43 -09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its entirety; and Whereas, since August 17, 2009, the City Council of the City of Dubuque, Iow a has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Ordinance; and Whereas, Section 380.8 of the Code of Iowa provides that supplements, by resolution, be- come part of the Code of Ordinance; and Whereas, Code Supplements are prepared by the American Legal Publishing of Cincinnati, Ohio and filed in the Office of the City Clerk of the City of Dubuque Iowa. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE IOWA: Section 1. That Supplement No. 2022 S-8 to the City of Dubuque Code of Ordinances, which codifies Ordinance Nos. 15-22 through 32-22 as approved by the City Council through Septem- ber 19, 2022, is hereby adopted, and becomes part of the Code o f Ordinances of the City of Dubuque, Iowa. Passed, approved, and adopted this 17th day of October 2022 Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7. Grand River Center Operations Management Services Request for Proposal: Upon motion the documents were received and filed. 8. Iowa Department of Public Health for Inspection of Pools, Spas and Tattoo Parlor Facilities in Dubuque County Interagency Agreement: Upon motion the documents were received, filed, and approved. 9. Community Development Block Grant CARES Act (CDBG-CV) Subrecipient Agreement with Almost Home at St. John's: Upon motion the documents were received and filed, and Res- olution No. 324-22 Authorizing execution of CDBG-CV Subrecipient Agreement with Almost Home at St. John's was adopted. RESOLUTION NO. 324-22 AUTHORIZING EXECUTION OF CDBG-CV SUBRECIPIENT AGREEMENT WITH ALMOST HOME AT ST. JOHN’S Whereas, the Almost Home at St. John’s has requested CDBG -CV assistance for shelter rehabilitation to respond to the COVID-19 pandemic; and Whereas, the City Council approved the Iowa Economic Development Authority CDBG -CV agreement with the City of Dubuque on December 21, 2020; and Whereas, all services provided will be to a minimum of 51% low/moderate income residents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the Subrecipient Agreement, beginning October 17, 2022, for with Almost Home at St. John’s 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 17th day of October 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 10. Proposed Downtown Rehabilitation Grant Award for 1199 Central Avenue : Upon motion the documents were received and filed, and Resolution No. 325-22 Approving a Grant Agree- ment by and between the City of Dubuque, Iowa and Virtual Velocity, LLC for the redevelopment of 1199 Central Avenue was adopted. RESOLUTION NO. 325-22 APPROVING A GRANT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND VIRTUAL VELOCITY, LLC FOR THE REDEVELOPMENT OF 1199 CENTRAL AVENUE Whereas, Virtual Velocity, LLC is the owner of the building at 1199 Central Avenue in the City of Dubuque, Iowa (the “Development Property”) legally described as: The Northerly 87 feet 1.2 inches of Out Lot 447 in the City of Dubuque, Iowa, according to the United States Commissioners’ Map thereof; and Whereas, Virtual Velocity, LLC has applied to the City of Dubuque Economic Development Department (the “City”) for a Housing Creation Grant, a Façade Grant and a Planning & Design Grant, and Financial Consultant Grant (the “Grants”) for the rehabilitati on of the Development Property (the “Project”); and Whereas, the Project is eligible for the Grants; and Whereas, City and Virtual Velocity, LLC have tentatively entered into a Grant Agreement for the Development Property (the “Grant Agreement”), a copy of which is attached hereto; and Whereas, it is the determination of the City Council that approval of the Grant Agreement for redevelopment of the Development Property by Virtual Velocity, LLC, according to the terms and conditions set out in the Grant Agreement, is 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 Grant Agreement between the City of Dubuque and Virtual Velocity, LLC is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Grant 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 Agreement as herein approved. Passed, approved and adopted this 17th day of October, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 11. Sustainable Dubuque Community Grant Award Recommendation: Upon motion the doc- uments were received and filed, and Resolution No. 326-22 Awarding Sustainable Dubuque Grant to the Dubuque Colleges Sustainability Coalition ; Resolution No. 327-22 Awarding Sus- tainable Dubuque Grant to Dubuque Rescue Mission Garden; Resolution No. 328-22 Awarding Sustainable Dubuque Grant to the First Presbyterian Church; Resolution No. 329-22 Awarding Sustainable Dubuque Grant to the No Mow May Dubuque; and Resolution No. 330-22 Awarding Sustainable Dubuque Grant to the Washington Neighborhood Community Garden were adopted. RESOLUTION NO. 326-22 AWARDING SUSTAINABLE DUBUQUE GRANT TO THE DUBUQUE COLLEGES SUSTAIN- ABILITY COALITION Whereas, the City Council adopts goals on an annual basis; and Whereas, sustainability first appeared as a City Council goal in 2006; and Whereas, in 2010 the City Council adopted the Dubuque Greenhouse Gas (GHG) Inventory, the first step in developing a Climate Action Plan (CAP) for Dubuque; and Whereas, the inventory measured gases emitted by City operations for the baseline year 2003, and again for 2007, and predicted future emissions if business as usual occurred, and provided the City a tool to set emission reduction targets to improve and maintain healthy air quality; and Whereas, a 2014 update to the GHG inventory revealed that the community had reduced their GHG emissions 11% since 2003, and Whereas, the 2019 update to the GHG inventory reported a 27% reduction in GHG emissions since 2003; and Whereas, the City Council adopted “The 50% by 2030 Plan” in 2013, and updated the plan in 2020, as a non-binding, voluntary effort to identify opportunities to reduce Dubuque’s com- munity greenhouse gas emissions; and Whereas, The 50% by 2030 Plan is used in the following ways: • Informing officials during goal setting and budget decisions, • Informing businesses and individuals about potential emission and cost-saving options, • Showcasing success stories, • Providing a roadmap that can be added to or adjusted, and • Exposing from where Dubuque’s GHG emissions really come; and Whereas, sustainability has remained a goal; and Whereas, the City Council in 2021 reaffirmed its commitment to sustainability by adopting the specific goal, “Sustainable Environment: Preserving and Enhancing Natural Reso urces”; and Whereas, the City Council in 2021 reaffirmed its commitment to sustainability through part- nerships by adopting the specific goal, “Partnership for a Better Dubuque: Building Our Com- munity that is Viable, Livable, and Equitable”; and Whereas, the City Council in 2021 reaffirmed its commitment to sustainability by adopting the specific goal, Livable Neighborhoods and Housing: Great Place to Live”; and Whereas, the Sustainable Dubuque Grant program is the intersection of the City’s goals re- lated to sustainability, equity, viability, partnerships, and the creation of housing, which is livable, affordable, and sustainable; and Whereas, the Sustainable Dubuque Grant program meets the needs of the Dubuque com- munity’s vision for sustainability; and Whereas, efforts which address a Sustainable Dubuque principle and offer a community en- gagement activity or community education activity benefit the entirety of the community and the specifically adopted goals of the City Council; and Whereas, the grant recipients shall develop native prairie landscapes on 5 Dubuque-area campuses in conjunction with the Mowing to Monarchs program and offer education on roles of prairies; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to further sustainability efforts in the community for the benefit of all residents and visitors. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The City Council hereby awards a Sustainable Dubuque Grant to the Dubuque Colleges Sustainability Coalition. Section 2. The City Manager or his designee shall enter into a grant agreement with the Dubuque Colleges Sustainability Coalition and shall ensure compliance with the grant agree- ment pursuant to Iowa Code and the grant award requirements. Passed, approved, and adopted this 17th day of October 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 327-22 AWARDING SUSTAINABLE DUBUQUE GRANT TO DUBUQUE RESCUE MISSION GAR- DEN Whereas, the City Council adopts goals on an annual basis; and Whereas, sustainability first appeared as a City Council goal in 2006; and Whereas, in 2010 the City Council adopted the Dubuque Greenhouse Gas (GHG) Inventory, the first step in developing a Climate Action Plan (CAP) for Dubuque; and Whereas, the inventory measured gases emitted by City operations for the baseline year 2003, and again for 2007, and predicted future emissions if business as usual occurred, and provided the City a tool to set emission reduction targets to improve and maintain healthy air quality; and Whereas, a 2014 update to the GHG inventory revealed that the community had reduced their GHG emissions 11% since 2003, and Whereas, the 2019 update to the GHG inventory reported a 27% reduction in GHG emissions since 2003; and Whereas, the City Council adopted “The 50% by 2030 Plan” in 2013, and updated the plan in 2020, as a non-binding, voluntary effort to identify opportunities to reduce Dubuque’s com- munity greenhouse gas emissions; and Whereas, The 50% by 2030 Plan is used in the following ways: • Informing officials during goal setting and budget decisions, • Informing businesses and individuals about potential emission and cost -saving options, • Showcasing success stories, • Providing a roadmap that can be added to or adjusted, and • Exposing from where Dubuque’s GHG emissions really come; and Whereas, sustainability has remained a goal; and Whereas, the City Council in 2021 reaffirmed its commitment to sustainability by adopting the specific goal, “Sustainable Environment: Preserving and Enhancing Natural Resources”; and Whereas, the City Council in 2021 reaffirmed its commitment to sustainability through part- nerships by adopting the specific goal, “Partnership for a Better Dubuque: Building Our Com- munity that is Viable, Livable, and Equitable”; and Whereas, the City Council in 2021 reaffirmed its commitment to sustainability by adopting the specific goal, Livable Neighborhoods and Housing: Great Place to Live”; and Whereas, the Sustainable Dubuque Grant program is the intersection of the City’s goals re- lated to sustainability, equity, viability, partnerships, and the creation of housing, which is livable, affordable, and sustainable; and Whereas, the Sustainable Dubuque Grant program meets the needs of the Dubuque com- munity’s vision for sustainability; and Whereas, efforts which address a Sustainable Dubuque principle and offer a community en- gagement activity or community education activity benefit the entirety of the community and the specifically adopted goals of the City Council; and Whereas, the grant recipients shall repurpose west lawn of Dubuque Rescue Mission by re- moving a chicken coop and planting fruit bearing trees, a raised garden for public harvesting, and a bike rack for visitors; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to further sustainability efforts in the community for the benefit of all residents and visitors. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The City Council hereby awards a Sustainable Dubuque Grant to the Dubuque Rescue Mission Garden. Section 2. The City Manager or his designee shall enter into a grant agreement with the Dubuque Rescue Mission Garden and shall ensure compliance with the grant agreement pur- suant to Iowa Code and the grant award requirements. Passed, approved, and adopted this 17th day of October 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 328-22 AWARDING SUSTAINABLE DUBUQUE GRANT TO THE FIRST PRESBYTERIAN CHURCH Whereas, the City Council adopts goals on an annual basis; and Whereas, sustainability first appeared as a City Council goal in 2006; and Whereas, in 2010 the City Council adopted the Dubuque Greenhouse Gas (GHG) Inventory, the first step in developing a Climate Action Plan (CAP) for Dubuque; and Whereas, the inventory measured gases emitted by City operations for the baseline year 2003, and again for 2007, and predicted future emissions if business as usual occurred, and provided the City a tool to set emission reduction targets to improve and maintain healthy air quality; and Whereas, a 2014 update to the GHG inventory revealed that the community had reduced their GHG emissions 11% since 2003, and Whereas, the 2019 update to the GHG inventory reported a 27% reduction in GHG emissions since 2003; and Whereas, the City Council adopted “The 50% by 2030 Plan” in 2013, and updated the plan in 2020, as a non-binding, voluntary effort to identify opportunities to reduce Dubuque’s com- munity greenhouse gas emissions; and Whereas, The 50% by 2030 Plan is used in the followin g ways: • Informing officials during goal setting and budget decisions, • Informing businesses and individuals about potential emission and cost -saving options, • Showcasing success stories, • Providing a roadmap that can be added to or adjusted, and • Exposing from where Dubuque’s GHG emissions really come; and Whereas, sustainability has remained a goal; and Whereas, the City Council in 2021 reaffirmed its commitment to sustainability by adopting the specific goal, “Sustainable Environment: Preserving and Enhanci ng Natural Resources”; and Whereas, the City Council in 2021 reaffirmed its commitment to sustainability through part- nerships by adopting the specific goal, “Partnership for a Better Dubuque: Building Our Com- munity that is Viable, Livable, and Equitable”; and Whereas, the City Council in 2021 reaffirmed its commitment to sustainability by adopting the specific goal, Livable Neighborhoods and Housing: Great Place to Live”; and Whereas, the Sustainable Dubuque Grant program is the intersection of the City’s goals re- lated to sustainability, equity, viability, partnerships, and the creation of housing, which is livable, affordable, and sustainable; and Whereas, the Sustainable Dubuque Grant program meets the needs of the Dubuque com- munity’s vision for sustainability; and Whereas, efforts which address a Sustainable Dubuque principle and offer a community en- gagement activity or community education activity benefit the entirety of the community and the specifically adopted goals of the City Council; and Whereas, the grant recipients shall provide recycling stations inside building and convert landscape and lawn around church to edible landscapes and native plants that include educa- tional signage, a rain garden, art, and rain barrel; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to further sustainability efforts in the community for the benefit of all residents and visitors. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The City Council hereby awards a Sustainable Dubuque Grant to the First Pres- byterian Church. Section 2. The City Manager or his designee shall enter into a grant agreement with the First Presbyterian Church and shall ensure compliance with the grant agreement pursuant to Iowa Code and the grant award requirements. Passed, approved, and adopted this 17th day of October 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 329-22 AWARDING SUSTAINABLE DUBUQUE GRANT TO THE NO MOW MAY DUBUQUE Whereas, the City Council adopts goals on an annual basis; and Whereas, sustainability first appeared as a City Council goal in 2006; and Whereas, in 2010 the City Council adopted the Dubuque Greenhouse Gas (GHG) Inventory, the first step in developing a Climate Action Plan (CAP) for Dubuque; and Whereas, the inventory measured gases emitted by City operations for the baseline year 2003, and again for 2007, and predicted future emissions if business as usual occurred, and provided the City a tool to set emission reduction targets to improve and maintain healthy air quality; and Whereas, a 2014 update to the GHG inventory revealed that the co mmunity had reduced their GHG emissions 11% since 2003, and Whereas, the 2019 update to the GHG inventory reported a 27% reduction in GHG emissions since 2003; and Whereas, the City Council adopted “The 50% by 2030 Plan” in 2013, and updated the plan in 2020, as a non-binding, voluntary effort to identify opportunities to reduce Dubuque’s com- munity greenhouse gas emissions; and Whereas, The 50% by 2030 Plan is used in the following ways: • Informing officials during goal setting and budget decisions, • Informing businesses and individuals about potential emission and cost -saving options, • Showcasing success stories, • Providing a roadmap that can be added to or adjusted, and • Exposing from where Dubuque’s GHG emissions really come; and Whereas, sustainability has remained a goal; and Whereas, the City Council in 2021 reaffirmed its commitment to sustainability by adopting the specific goal, “Sustainable Environment: Preserving and Enhancing Natural Resources”; and Whereas, the City Council in 2021 reaffirmed its commitment to sustainability through part- nerships by adopting the specific goal, “Partnership for a Better Dubuque: Building Our Com- munity that is Viable, Livable, and Equitable”; and Whereas, the City Council in 2021 reaffirmed its commitment to sustainability by adopting the specific goal, Livable Neighborhoods and Housing: Great Place to Live”; and Whereas, the Sustainable Dubuque Grant program is the intersection of the City’s goals re- lated to sustainability, equity, viability, partnerships, and the creation of housing, which is livable, affordable, and sustainable; and Whereas, the Sustainable Dubuque Grant program meets the needs of the Dubuque com- munity’s vision for sustainability; and Whereas, efforts which address a Sustainable Dubuque principle and offer a community en- gagement activity or community education activity benefit the entirety of the community and the specifically adopted goals of the City Council; and Whereas, the grant recipients shall provide yard signage for Dubuque residents interested in creating an environment conducive to supporting native pollinators; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to further sustainability efforts in the community for the benefit of all residents and visitors. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The City Council hereby awards a Sustainable Dubuque Grant to No Mow May Dubuque. Section 2. The City Manager or his designee shall enter into a grant agreement with the No Mow May Dubuque and shall ensure compliance with the grant agreement pursuant to Iowa Code and the grant award requirements. Passed, approved, and adopted this 17th day of October 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 330-22 AWARDING SUSTAINABLE DUBUQUE GRANT TO THE WASHINGTON NEIGHBORHOOD COMMUNITY GARDEN Whereas, the City Council adopts goals on an annual basis; and Whereas, sustainability first appeared as a City Council goal in 2006; and Whereas, in 2010 the City Council adopted the Dubuque Greenhouse Gas (GHG) Inventory, the first step in developing a Climate Action Plan (CAP) for Dubuque; and Whereas, the inventory measured gases emitted by City operations for the baseline year 2003, and again for 2007, and predicted future emissions if business as usual occurred, and provided the City a tool to set emission reduction targets to improve and maintain healthy air quality; and Whereas, a 2014 update to the GHG inventory revealed that the community had reduced their GHG emissions 11% since 2003, and Whereas, the 2019 update to the GHG inventory reported a 27% reduction in GHG emissions since 2003; and Whereas, the City Council adopted “The 50% by 2030 Plan” in 2013, and updated the plan in 2020, as a non-binding, voluntary effort to identify opportunities to reduce Dubuque’s com- munity greenhouse gas emissions; and Whereas, The 50% by 2030 Plan is used in the following ways: • Informing officials during goal setting and budget decisions, • Informing businesses and individuals about potential emission and cost -saving options, • Showcasing success stories, • Providing a roadmap that can be added to or adjusted, a nd • Exposing from where Dubuque’s GHG emissions really come; and Whereas, sustainability has remained a goal; and Whereas, the City Council in 2021 reaffirmed its commitment to sustainability by adopting the specific goal, “Sustainable Environment: Preserving and Enhancing Natural Resources”; and Whereas, the City Council in 2021 reaffirmed its commitment to sustainability through part- nerships by adopting the specific goal, “Partnership for a B etter Dubuque: Building Our Com- munity that is Viable, Livable, and Equitable”; and Whereas, the City Council in 2021 reaffirmed its commitment to sustainability by adopting the specific goal, Livable Neighborhoods and Housing: Great Place to Live”; and Whereas, the Sustainable Dubuque Grant program is the intersection of the City’s goals re- lated to sustainability, equity, viability, partnerships, and the creation of housing, which is livable, affordable, and sustainable; and Whereas, the Sustainable Dubuque Grant program meets the needs of the Dubuque com- munity’s vision for sustainability; and Whereas, efforts which address a Sustainable Dubuque principle and offer a community en- gagement activity or community education activity benefit the entirety of the community and the specifically adopted goals of the City Council; and Whereas, the grant recipients shall prepare for raising chickens to add additional food source to community garden to help feed the neighborhood as well as an add itional educational com- ponent by building a suitable enclosure; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to further sustainability efforts in the community for the benefit of all residents and visitors. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The City Council hereby awards a Sustainable Dubuque Grant to the Washington Neighborhood Community Garden. Section 2. The City Manager or his designee shall enter into a grant agreement with the Washington Neighborhood Community Garden and shall ensure compliance with the grant agreement pursuant to Iowa Code and the grant award requirements. Passed, approved, and adopted this 17th day of October 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 12. Kennedy Road Water Main Extension Project 2021 – Project Acceptance and Resolution: Upon motion the documents were received and filed, and Resolution No. 331-22 Accepting Public Improvement Contract for the Kennedy Rd Water Main Extension Project 202 1 was adopted. RESOLUTION NO. 331-22 ACCEPTING PUBLIC IMPROVEMENT CONTRACT FOR THE KENNEDY RD WATER MAIN EXTENSION PROJECT 2021 WHEREAS, the public improvement contract for the Kennedy Rd Water Main Extension Pro- ject, (the Project) has been completed by the Contractor, Drew Cook and Sons Excavating of Dubuque, Iowa, (Contractor), the Water Department Manager has examined the work and rec- ommends that the Project be accepted ; and Whereas, the final contract amount is $767,947.25 of which retainage in the amount $26,135.56 shall be held for 30 days after acceptance and approval, and paid at th at time pro- vided no claims from others are filed; and Whereas, the City Council finds that the recommendation of the Water Department Manager should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The recommendation of the Water Department Manager is approved, and the Pro- ject is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of the final payment $26,135.56 as provided in Iowa Code chapter 573.13. Passed, adopted, and approved this 17th day of October, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 13. Four Mounds Parking & Accessibility Improvements: Upon motion the documents were received and filed, and Resolution No. 332-22 Accepting the Four Mounds Parking & Accessi- bility Improvements and authorizing the payment to the contractor was adopted. RESOLUTION NO. 332-22 ACCEPTING THE FOUR MOUNDS PARKING & ACCESSIBILITY IMPROVEMENTS AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the Four Mounds Parking & Accessibility Im- provements (the Project) has been completed by the Contractor, McDermott Excavating, (Con- tractor), the City Engineer has examined the work and recommends that the Project be ac- cepted; and Whereas, the final contract amount for the Project is $90,143.62; and Whereas, the Contractor has previously been paid $85,636.44, leaving a balance of $4,507.18; 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 DUBU- QUE, 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 $4,507.18 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 17th day of October 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF FOUR MOUNDS PARKING & ACCESSIBILITY IMPROVEMENTS The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Four Mounds Parking & Accessibility Improvements has been performed in com- pliance with the terms of the Public Improvement Contract, and that the total cost of the com- pleted work is $103,665.16. Dated this 7th day of October 2022. Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 7th day of October 2022. Adrienne N. Breitfelder, City Clerk 14. Signed Contract(s): Eighth Amendment to Facility Management Agreement with Platinum Hospitality Group, LLC; Independent Contractor Agreement with Denise Blakeley Ihrig of Blake- ley Water Management. Upon motion the documents were received and filed. 15. Improvement Contracts / Performance, Payment and Maintenance Bonds Sheets Design Build, LLC for the Old Engine House Office Renovation. Upon motion the documents were re- ceived, filed, and approved. 16. Liquor License Renewals: Upon motion the documents were received and filed, and Res- olution No. 333-22 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. 333-22 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: Renewals Beecher Liquor 1691 Asbury Rd. Big 10 Mart Car Wash 1875 John F. Kennedy Rd. Bridge Restaurant, The 31 Locust St. Fuel Express Food Mart 250 West 1st St. Grand Harbor Resort & Water Park 350 Bell St. Happy's Place 2323 Rockdale Rd. Holiday Inn Dubuque Five Flags 450 Main St. Hotel Julien Dubuque 200 Main St. Next Phase Bar 1700 Central Ave. Pepper Sprout, Inc. 378 Main St. Your Pie 806 Wacker Dr Suite 100 Passed, approved, and adopted this 17th day of October 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 17. Request to Rename "Mystique Community Ice Center" to "Dubuque Ice Arena": Upon motion the documents were received and filed, and Resolution No. 333-A-22 Renaming the Mystique Community Ice Center to Dubuque Ice Arena was adopted. RESOLUTION NO. 333-A-22 RENAMING THE MYSTIQUE COMMUNITY ICE CENTER TO DUBUQUE ICE ARENA Whereas, the City of Dubuque entered into a Development Agreement and Lease which fa- cilitated the construction of an indoor ice arena located on property it owns on Chaplain Schmitt Island in 2009; and Whereas, the indoor ice arena was constructed by Dubuque Community Ice & Recreation Center, Inc. between the years of 2009 and 2010 at 1800 Admiral Sheehy Drive, Dubuque, IA 52001; and Whereas, the indoor ice arena was named The Mystique Community Ice Center to reflect major contributions to its construction by the adjacent casino, the Mystique Casino; and Whereas, in 2017, the Mystique Casino rebranded and renamed itself the Q Casino, but the indoor ice arena retained the name Mystique Community Ice Center; and Whereas, the indoor ice arena’s current name no longer reflects a connection to the original donor or Chaplain Schmitt Island; and Whereas, staff proposes a name change to better reflect the arena’s place in the community and in relation to the City’s redevelopment efforts on Schmitt Island. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The City Council hereby changes the name of the indoor ice arena, located at 1800 Admiral Sheehy Drive, Dubuque, Iowa 52001, from the ‘Mystique Community Ice Center’ to the ‘Dubuque Ice Arena’, effectively immediately. Passed, approved, and adopted this 17th 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. Motion carried 7-0. 1. Geisler Brothers Realty, LLC, and Dubuque Steel Products, Inc. - Issuance of Urban Re- newal Tax Increment Revenue Grant Obligations Pursuant to Development Agreement : Upon motion the documents were received and filed and Resolution No. 334-22 Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on the proposed Development Agreement by and among the City of Dubuque, Geisler Brothers Realt y, LLC, and Dubuque Steel Products, Inc., including the proposed issuance of Urban Renewal Tax Increment Reve- nue Grant Obligations to Dubuque Steel Products, Inc., and providing for the publication of no- tice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on November 7, 2022, in the Historic Federal Building. RESOLUTION NO. 334-22 FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON THE PROPOSED DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF DUBUQUE, GEISLER BROTHERS REALTY, LLC, AND DUBUQUE STEEL PRODUCTS, INC., INCLUDING THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE GRANT OBLIGATIONS TO DUBUQUE STEEL PRODUCTS, INC., AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, Geisler Brothers Realty, LLC, as Developer, is the owner of the following described real property: Lot 1 of Dubuque Industrial Center 14th Addition, in the City of Dubuque, Iowa, according to the Plat recorded as Instrument No. 2021-15183, records of Dubuque County, Iowa (the Property); and Whereas, Developer and Employer have determined that they require a new industrial build- ing/facility (the Facility) to maintain and expand their operations and employment in the project area; and Whereas, Developer and Employer have entered into an agreement for the construction of the Facility; and Whereas, Dubuque Steel Products, Inc., as Employer, intends to lease the Facility from Geis- ler Brothers Realty, LLC; and Whereas, City of Dubuque, Iowa (City), Geisler Brothers Realty, LLC, and Dubuque Steel Products, Inc. have entered into a Development Agreement, subject to the approval of the City Council, pursuant to which Geisler Brothers Realty, LLC will construct on the Property certain Minimum Improvements described in the Development Agreement; and Whereas, the City Council has tentatively determined that it would be in the best interests of City to approve the Development Agreement; and Whereas, the Development Agreement provides for the issuance by City of economic devel- opment grants to Dubuque Steel Products, Inc., referred to therein as Urban Renewal Tax In- crement Revenue Grant Obligations, payable from the tax increment revenues collected in re- spect of the Improvements to be constructed by Geisler Brothers Realty, LLC in accordance with the Development Agreement, for the purpose of carrying out the objectives of an Urban Renewal Plan as hereinafter described; and Whereas, before said obligations may be approved, Chapter 403 of the Code of Iowa requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meeting the City Council shall receive oral and/or written objections from any resident or property owner of said City to such proposed action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause this Resolution and a Notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City Council’s intent to approve the proposed Development Agreement, to be held on the 7th day of November, 2022 at 6:30 p.m. Section 2. The City Council will also meet at said time and place for the purpose of taking action on the matter of authorizing Urban Renewal Tax Increment Revenue obligations, the proceeds of which obligations will be used to carry out certain of the special financing activities described in the Urban Renewal Plan for the Dubuque Industrial Center Urban Renewal Area Economic Development District, consisting of the funding of economic development grants to Dubuque Steel Products, Inc., pursuant to the Development Agreement under the terms and conditions of said Urban Renewal Plan. It is expected that the aggregate amount of the Tax Increment Revenue obligations will be approximately $132,660. Section 3. The City Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publicatio n to be not less than four days nor more than twenty days before the date of said meeting on the approval of the Development Agreement and the issuance of said obligations. Section 4. That the Notice of the proposed action shall be in substantially the f orm attached hereto. Passed, approved, and adopted this 17th day of October, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Bee Branch Creek Trail Phase 1 Project : Upon motion the documents were received and filed and Resolution No. 335-22 Bee Branch Creek Trail Project – Phase 1 Project Iowa DOT Project No. Tap- 2100(697)—8I-31: Preliminary approval of plans, specifications, form of con- tract, 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 November 7, 2022, in the Historic Federal Building. RESOLUTION NO. 335-22 BEE BRANCH CREEK TRAIL PROJECT – PHASE 1 PROJECT IOWA DOT PROJECT NO. TAP-2100(697)—8I-31: 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 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The proposed plans, specifications, form of con tract and estimated cost for the Bee Branch Creek Trail Project – Phase 1 Project, Iowa DOT Project No. TAP-2100(697)—8I- 31 in the estimated amount $721,035.00, 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 7th day of November, 2022, at 6:30 p.m. in the Historic Federal Building Council Chambers (and/or by virtual means) 350 W. 6th Street, Dubu- que, Iowa, at which time interested persons may appear and be heard for or against the pro- posed 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, adopted, and approved this the 17th day of October 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Intent to Create Plaza Drive Urban Revitalization Area and Setting a Public Hearing: Upon motion the documents were received and filed and Resolution No. 338-22 Intent to create an Urban Revitalization Area, finding an area referred to as Plaza Drive Urban Revitalization Area, hereinafter described, appropriate for public improvements related to housing and residential development and construction of residential development, including single or multifamily hous- ing necessary in the interest of public health, safety, or welfare of the resident s of the city and setting a public hearing on creation of the Plaza Drive Urban Revitalization Area was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on November 21, 2022, in the Historic Federal Building. RESOLUTION NO. 338-22 INTENT TO CREATE AN URBAN REVITALIZATION AREA, FINDING AN AREA REFERRED TO AS PLAZA DRIVE URBAN REVITALIZATION AREA, HEREINAFTER DESCRIBED, AP- PROPRIATE FOR PUBLIC IMPROVEMENTS RELATED TO HOUSING AND RESIDENTIAL DEVELOPMENT AND CONSTRUCTION OF RESIDENTIAL DEVELOPMENT, INCLUDING SINGLE OR MULTIFAMILY HOUSING NECESSARY IN THE INTEREST OF PUBLIC HEALTH, SAFETY, OR WELFARE OF THE RESIDENTS OF THE CITY AND SETTING A PUBLIC HEARING ON CREATION OF THE PLAZA DRIVE URBAN REVITALIZATION AREA Whereas, as a preliminary step to exercising the authority to approve an area for “urban revitalization” conferred upon Iowa municipalities by Chapter 404 of the Code of Iowa, a munic- ipality must adopt a resolution finding that the rehabilitation, conserva tion, redevelopment, eco- nomic development, or a combination thereof of the area is necessary in the interest of public health, safety, or welfare of the residents of the city; and Whereas, Lot 1 of Asbury Plaza No 16 in the City of Dubuque, Iowa, according to the recorded plat thereof (the Area) is the location of a proposed thirteen building residential development with approximately 30-units in each building by Talon Development (the Company); and Whereas, the City Council finds that development of housing and residential development, including single or multifamily housing in this location is appropriate and necessary in the inter- est of the welfare of the residents of the City, and the property substantia lly meets the criteria for Urban Revitalization according to Section 404.1 of the Code of Iowa ; and Whereas, the Iowa Code requires a public hearing on creation of the Urban Revitalization Area. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The development of housing and residential development, including multifamily housing on Lot 1 of Asbury Plaza No 16 in the City of Dubuque, Iowa is hereby found to be necessary in the interest of the welfare of the residents of the City in the and is hereby desig- nated the Plaza Drive Urban Revitalization Area. Section 2. The City Manager is hereby directed to prepare a proposed Urban Revitalization Plan for the Plaza Drive Urban Revitalization Area in conformance Chapter 404 of the Iowa Code for review and approval by the City Council. Section 3. The City Clerk is directed to publish notice of a public hearing on the adoption of an Urban Revitalization Plan for the Plaza Drive Urban Revitalization Area to be held on No- vember 21, 2022, at 6:30 p.m. in the Historic Federal Building in Dubuque, Iowa, 350 W. 6 th Street, Dubuque, Iowa, and that said notice shall generally identify the area covered by the Plan and the general scope of the Urban Revitalization Plan activities planned for such area. Passed and approved this 17th day of October, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk PUBLIC HEARINGS 1. Request to Rezone Pennsylvania Avenue Parcels from AG Agriculture to OR Office Resi- dential: Motion by Jones to receive and file the documents and that the requirement that a pro- posed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Roussell. Planning Services Manager Wally Wernimont provided a staff report. Applicant Tara Duggan, 11082 English Mill Rd., spoke in support of the rezoning and provided a brief overview of the proposed develop- ment. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 33-22 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described parcels of land located along Pennsylvania Avenue w ithin the City of Dubuque from AG Agriculture District to OR Office Residential District. Seconded by Roussell. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 33-22 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DE- VELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PARCELS OF LAND LOCATED ALONG PENNSYLVANIA AVENUE WITHIN THE CITY OF DUBUQUE FROM AG AGRICULTURE DISTRICT TO OR OFFICE RESIDENTIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafter described property from AG Agricul- ture to OR Office Residential to wit: Lot 1 of the southeast 1/4 of the southwest 1/4, in Section 19, Township 89 North, Range 2 of the 5th P.M. and Lot 2 of LORETTA BAHL’S HOMESTEAD, all in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved, and adopted this 17th day of October 2022. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 21st day of October, 2022. /s/Adrienne N. Breitfelder, City Clerk 2. Planned Unit Development (PUD) Amendment - Plaza Drive to include PR Planned Resi- dential: Motion by Roussell to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Sprank. Planning Services Manager Wally Wernimont provided a staff report. Applicant Robert Smith, 1305 Benson Rd., Sioux Falls, spoke in support of the rezoning and provided a brief overview of the proposed development. Chuck Isenhart, 1665 Kaufmann Ave.; Dave Shealer, 19008 Riverside Rd.; and Tony Moline, 1756 Wood St., provided public input about unique bird species identified at the parcel, such as bobolink, dickcissel, and eastern meadowlark, and recommended the City Coun- cil consider strategies to mitigate habitat impacts on wildlife. City Council members expressed support for the PUD amendment, stating that additional workforce housing will be a great addi- tion. Responding to a question from the City Council, Mr. Smith stated that he did not yet have the breakdown of the number of apartment unit options but stated that there will be a higher number of two-bedroom options. City Council Members discussed the need to embrace sus- tainability and consider partnerships to allow the bird species to flourish, including potential part- nerships with the University of Dubuque’s Wolter Woods and Prairies, Dubuque County, and the State of Iowa. Point of clarification by City Manager Van Milligen that the developer would not be part of any discussions on habitat solutions for current wildlife species. Motion carried 7- 0. Motion by Roussell for final consideration and passage of Ordinance No. 34-22 Amending Title 16 of the Unified Development Code of the City of Dubuque Code of Ordinances by re- scinding Ordinance 25-05 and Ordinance 44-06 which provides regulations for a PUD Planned Unit Development District with a PC Planned Commercial Designation for the Asbury Plaza Business Park and adopting Amended PUD Ordinance with PC Plan ned Commercial and PR Planned Residential Designations. Seconded by Sprank. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 34-22 AMENDING TITLE 16 OF THE UNIFIED DEVELOPMENT CODE OF THE CITY OF DUBU- QUE CODE OF ORDINANCES BY RESCINDING ORDINANCE 25-05 AND ORDINANCE 44- 06 WHICH PROVIDES REGULATIONS FOR A PUD PLANNED UNIT DEVELOPMENT DIS- TRICT WITH A PC PLANNED COMMERCIAL DESIGNATION FOR THE ASBURY PLAZA BUSINESS PARK AND ADOPTING AMENDED PUD ORDINANCE WITH PC PLANNED COMMERCIAL AND PR PLANNED RESIDENTIAL DESIGNATIONS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by rescinding Ordinance 25-05 and Ordinance 44-06 for the herein- after described property which provides regulations for a Planned Unit Development District with a PC Planned Commercial District designation the Asbury Plaza Business Park and adopting amended Planned Unit Development ordinance with PC Planned Commercial and PR Planned Residential District for the following property legally described, to wit: Lot A and Lot 1 of Asbury Plaza No. 21, all in the City of Dubuque, Iowa, according to the recorded plat thereof. Section 2. Attached hereto and made a part of this zoning reclassification approval is Exhibit A which contains a Zoning Designation Map for the Asbury Business Park including the previ- ously approved Conceptual Development Plan for the PC Planne d Commercial zoning area. Also attached is Exhibit B which contains a Conceptual Development Plan for the area to be rezoned PR Planned Residential. It is recognized that minor shifts or modifications to the Conceptual Development Plans may be necessary and compatible with the need to acquire workable street patterns, grades, and usable building sites. The conceptual layouts, including the requirements, shall be used as an implementation guide. Section 3. Pursuant to Iowa Code Section 414.5 and as express condition of this zoning reclassification, the undersigned property owner(s) agree to the following conditions, off of which the property owner further agrees are reasonable and imposed to satisfy the public needs that are caused directly by this zoning reclassification. A. Definitions 1. Building-related features: Building-related features are defined as all constructed items which rise above the grade surface of the lot. These include: a. The primary building b. All accessory or secondary buildings c. All exterior storage areas d. Exterior refuse collection areas e. Exterior mechanical equipment f. Containerized or tank storage liquids, fuels, gases, and other materials. 2. Vehicle-related features: Vehicle related features are defined as all areas used f or the movement and parking of all vehicles within the lot. These include: a. Employee and visitor parking spaces b. Driveways from the street right-of-way line to and from parking spaces. c. Loading spaces outside of the building. d. Maneuvering space and driveways to and from loading spaces. e. Parking spaces for company-owned commercial vehicles. f. Fire lanes. 3. Open space features: Open space features are defined as those exterior areas and developed features of the lot. These include: a. Landscape space containing lawn areas and plantings. b. Paved, hard surfaced pedestrian areas such as walkways, plazas, entryways, and courtyards. c. Surface storm water detention areas not otherwise used for building-related or vehicle related purposes. d. Open recreation areas and recreation trail. e. Other non-building and non-vehicular related space. B. Use Regulations: The following regulations shall apply to all land uses in the above -de- scribed PUD District Zone A: PC Planned Commercial zoning designation Principal Permitted Uses shall be limited to: a. Retail sales/services b. General office c. Indoor restaurant d. Drive-in/carry-out restaurant e. Gas station f. Bank/savings and loans and credit unions g. Indoor recreation h. Schools of private instruction i. Self-service car wash j. Full-service car wash k. Outdoor recreation l. Auto sales and service m. Auto service centers n. Auto repair/body shop o. Motorcycle sales/service p. Truck sales/service/repair q. Recreation vehicle sales/service r. Business services s. Office supply t. Lumberyards/building material sales u. Construction supplies, sales, and service v. Moving/storage facilities w. Contractor shop/yard x. Wholesale sales/distributor y. Warehousing and storage facilities z. Freight transfer facilities aa. Agricultural supply sales bb. Mini warehousing cc. Processing or assembly dd. Landscaping services (not including retail sales as primary use) ee. Licensed Childcare Center Accessory uses shall be limited to any use customarily incidental and subordinate to the principal use it serves. Temporary Uses shall be limited to any use listed as a permitted use within the PUD Dis- trict of a limited duration, as established in Section 3-19 and as defined in Chapter 3 of the Unified Development Code. Zone B: PR Planned Residential zoning designation Principal Permitted Uses shall be limited to: a. Multi-family residential dwelling b. Storage/Mini storage associated with the multi-family residential use only c. Private club house with recreational activities including a pool, dog park, park/recre- ation playground, and open space, all specifically associated with the multi-family residential use only. Accessory uses shall be limited to any use customarily incidental and subordinate to the principal use it serves. Temporary Uses shall be limited to any use listed as a permitted use within the PUD Dis- trict of a limited duration, as established in Section 3-19 and as defined in Chapter 3 of the Unified Development Code. C. Lot and Bulk Regulations 1. Zone A: PC Planned Commercial zoning designation All building-related features shall be in accordance with the following lot and bulk regula- tions: a. Maximum lot coverage shall be limited to 85% of the total lot area. All building and vehicle-related features shall be considered when calculating total land coverage. b. Maximum building height shall be 60 feet, except the following may exceed the height limit: cooling towers, condensers, elevator bulkheads, stacks and other necessary mechanical equipment and their protective housing. HVAC equipment is limited to 10 feet above 60 feet limitation subject to the provisions of adequate screening. c. Setbacks for buildings shall be as established for the C-3 General Commercial Dis- trict, set forth in the Unified Development Code. d. Parking lots fronting on a public or private street(s) shall be set back ten (10) feet from the adjacent right-of-way(s). 2. Zone B: PR Planned Residential zoning designation All building-related features shall substantially comply with the attached Conceptual De- velopment Plan. The development shall comply with the following bulk regulations: a. Maximum lot coverage shall be limited to 80% of the total lot area. All building and vehicle-related features shall be considered when calculating total land coverage. b. Maximum building height shall be 60 feet, except the following may exceed the height limit: cooling towers, condensers, elevator bulkheads, stacks and other necessary mechanical equipment and their protective housing. HVAC equipment is limited to 10 feet above 60 feet limitation subject to the provisions of adequate screening. c. Setbacks for buildings shall be as established in the R-4 Multi- Family Residential Zoning District, set forth in the Unified Development Code. D. Parking and Loading Regulations 3. Parking regulations in both Zone A: PC Planned Commercial zoning designation and Zone B: PR Planned Residential zoning designation shall be regulated as follows: a. All vehicle-related features shall be surfaced with either asphalt or concrete. b. Curbing and proper surface drainage of storm water shall be provided. c. All parking and loading spaces shall be delineated on the surfacing material by paint- ing stripes and other permanent means. d. The number, size, and design of parking spaces shall be governed by applicable provisions of City of Dubuque Code of Ordinances in effect at the time of develop- ment of the lot. e. The number, size, design, and location of parking spaces designated for persons with disabilities shall be according to the local, state or federal requirements in effect at the time of development of the lot. f. The location and number of private driveway intersections with public streets shall be established by the City of Dubuque. E. Landscaping Regulations 1. Landscape regulations in both Zone A: PC Planned Commercial zoning designation and Zone B: PR Planned Residential zoning designation shall be regulated as follows: a. Plant Materials: The open space area of each lot shall be planted with permanent lawn and ground covers, such as shrubs and trees. It is the intent of these regulations that the development of required open spaces shall reflect a high quality of environ- mental design. The following provisions shall apply to each lot. b. Landscape plans are required as part of submittals for site plan review. Landscape plans are to include type, number, and size of proposed plantings. Landscaping re- quirements for all development within this Planned Unit Development shall be in ac- cordance with Section 16-13 Site Design Standards of the Unified Development Code. c. Parking areas located adjacent to right -of-way shall be screened with a combination of trees, shrubs, or berms to provide a landscape screen of 50% opacity and three feet in height within three years of planting. d. All exposed soil areas remaining after the construction of building and vehicle -related features shall be planted with a permanent ground cover to prevent erosion. Within one year following completion of construction, or by the date that a building is issued an occupancy certificate by the Building Services Department of the City of Dubuque, whichever occurs first, required landscaping shall be installed. e. The owner shall replant any and all plant materials which have died due to any cause during the effective period of this PUD Ordinance. F. Site Lighting Site Lighting in both Zone A: PC Planned Commercial zoning designation and Zone B: PR Planned Residential zoning designation shall be regulated as follows: 1. Exterior illumination of site features and the location and design of site lighting shall be in accordance with Section 16-13 Site Design Standards of the Unified Development Code. a. Exterior illumination of site features shall be limited to the illumination to of the follow- ing: i. Parking areas, driveways and loading facilities. ii. Pedestrian walkway surfaces and entrances to the building. iii. Screened storage areas. iv. Building exterior. b. Location and Design: i. All exterior lighting shall be designed, installed, and maintained so as not to cause glare or to shine into adjacent lots and streets. ii. All exterior lighting luminaries shall be designed and installed to shield light from the luminaire at angles above 72-degrees from vertical. iii. A lighting plan shall be included as part of the site plan submittals that indicates types of lights used and ground light pattern for lighting of building and parking— related features. iv. Fixtures mounted on a building shall be positioned no higher than the roofline of the building. v. Wooden utility-type poles are acceptable only for temporary use during construc- tion. vi. All electrical service lines to posts and fixtures shall be underground or concealed inside the posts. G. Sign Regulations Signage regulations shall be regulated as follows: 1. Off-Premises Signs: Off-premises signs shall be prohibited for all development within the PUD boundary. 2. Zone A: PC Planned Commercial zoning designation a. The provisions of Chapter 15 (Sign Regulations) of the Unified Development Code shall apply unless further regulated by this section. b. Wall-mounted signs: i. Total aggregate square footage of wall-mounted signs is based on 15 percent of the front building wall area. Corner lots shall be allowed additional aggregate square footage based on five percent (5%) of the side building wall area. ii. Number of signs: Maximum four (4) per building. No more than three (3) building walls shall have wall- mounted signs. iii. Below eave or parapet. c. Freestanding signs: i. Total allowed square footage: 100 square foot ii. Maximum number: 1 iii. Maximum height: 25 feet d. Variance: For all signage requirements outline herein, variances from the sign re- quirements for size, number, and height may be requested. Such variances shall be reviewed by the Zoning Board of Adjustment in accordance with Article 8 -6 of the Unified Development Code. e. Lighting: Signs may be illuminated only by means of indirect lighting whereby all light sources and devices are shielded from view by opaque or translucent materials, or internally illuminated by means of a light source completely enclosed by the sign panel. f. Motion: No signs may include any device or means, mechanical, electrical, or natural, which shall cause motion of the sign panel or any part thereof. No flashing lights or changing colors shall be allowed. 3. Zone B: PR Planned Residential zoning designation a. The provisions of Chapter 15 (Sign Regulations) of the Unified Development Code pertaining to signage allowed in the R-4 Multi-Family Residential zoning district shall apply unless further regulated by this section. b. Variance: For all signage requirements outline herein, variances from the sign re- quirements for size, number, and height may be requested. Such variances shall be reviewed by the Zoning Board of Adjustment in accordance with Article 8 -6 of the Unified Development Code. c. Lighting: Signs may be illuminated only by means of indirect lighting whereby all light sources and devices are shielded from view by opaque or translucent materials, or internally illuminated by means of a light source completely enclosed by the sign panel. d. Motion: No signs may include any device or means, mechanical, electrical, or natural, which shall cause motion of the sign panel or any part thereof. No flashing lights or changing colors shall be allowed. H. Performance Standards The development and maintenance of uses within this PUD District shall be established in conformance with Chapter 13 of the Unified Development Code and the following stand- ards: 1. Platting: Subdivision plats shall be submitted in accordance with Section 16-11 Land Subdivision of the City of Dubuque Unified Development Code. 2. Site Plans: Final site development plans shall be submitted in accordance with Section 16-12 Site Plans and Section 16-13 Site Design Standards of the City of Dubuque Uni- fied Development Code prior to construction of each building and vehicle -related feature unless otherwise exempted by Article 12. 3. Storm Water Conveyance: The developer of each lot shall be responsible for providing surface or subsurface conveyance(s) of storm water from a lot to existing storm sewers or to the flow line of open drainage ways outside the lot in a means that is satisfactory to the Engineering Department of the City of Dubuque. Other applicable regulations enforced by the City of Dubuque relative to storm water management and drainage shall apply to properties in the Planned Unit Development. I. Utility Locations 1. Service lines: All electrical, telephone, cable and other similar utility lines serving the building and other site features shall be located underground. 2. Mechanical Equipment: All air conditioning units, heat pumps and other similar mechan- ical equipment, not including roof-mounted mechanical equipment shall be screened from view. Mechanical equipment shall be screened in such a manner that it will appear to be an integral part of the building's overall architectural design. Wooden fencing of at least 50% opacity, masonry walls or plantings may be used to visually screen mechan- ical equipment. J. Exterior Trash Collection Areas Exterior Trash Collection Areas in both Zone A: PC Planned Commercial zoning designation and Zone B: PR Planned Residential zoning designation shall be regulated as follows: 1. Exterior Trash Collection Areas shall be constructed in accordance with Section 16-13 Site Design Standards of the Unified Development Code. 2. Exterior trash collection area shall be located in rear or side yards only. a. All exterior trash collection areas and the materials contained therein shall be visually screened from view. The screening shall be wood or masonry fence, wall or other feature not exceeding a height of seven (7) feet measured from the ground level outside the line of the screen. Screens built on sloping grades shall be stepped so that their top line shall be horizontal. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen unless located in a service area not visible to the general public. b. If a seven-foot-high screen fails to shield the exterior trash collection area from view from points inside or outside of the property, evergreen plantings may be required in addition to the screening. Evergreen plant materials shall be selected and designed so that they will screen the area from all off-site visibility within five years. K. Other Codes and Regulations 1. Outdoor sales are regulated through the temporary use permit process. 2. The use of semi-trailers and shipping containers for storage is prohibited. 3. Operations within enclosed buildings: All operations and activities shall be conducted within completely enclosed buildings, except: (1) off-street parking and loading; and (2) recreation facilities. 4. These regulations do not relieve the owner from other applicable city, county, state or federal codes, regulations, laws, or other controls relative to the planning, construction, operation, and management of property within the City of Dubuque. L. Ordinance History 1. Ord. 25-05: Established a Planned Unit Development for the southern portion of Asbury Plaza Business Park 2. Ord. 44-06: Established a Planned Unit Development for the northern portion of Asbury Plaza Business Park M. Transfer of Ownership Transfer of ownership or lease of property in this PUD District shall include in the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of and agrees to comply with the conditions authorizing the establishment of the PUD District. N. Modifications Any modifications to this Ordinance must be approved by the City Council in accordance with the Zoning Reclassification proceedings of Section 9-5 of the Unified Development Code. O. Recording A copy of this ordinance shall be recorded at the expense of the prop erty owner(s) with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approval within 10 days after the adoption of this ordinance. This ordi- nance shall be binding upon the undersigned and his/her heirs, successors, and assigns. Section 4. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 5. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved, and adopted this 17th day of October, 2022. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 21st day of October, 2022. /s/Adrienne N. Breitfelder, City Clerk ACCEPTANCE OF ORDINANCE NO. 34-22 I. Roger Cherland, representing Blue Sky Inc., property owner, having read the terms and conditions of the foregoing Ordinance No. 34-22 and being familiar with the conditions, there- fore, hereby accept the same and agree to the conditions required therein. Dated ???? day of September 2022 /s/ Roger Cherland 3. Disposal of City Interest in Previously Vacated Street and Alley Right of Way Areas, in the City of Dubuque, Iowa: Motion by Jones to receive and file the documents and adopt Resolution No. 339-22 Disposing of city interest in Lot AA and Lot BB of Grand View Place, in the City of Dubuque, Iowa. Seconded by Resnick. Council Member Farber announced her abstention from the vote due to owning property in question. Motion carried 6-0 with abstention from Farber. RESOLUTION NO. 339-22 DISPOSING OF CITY INTEREST IN LOT AA AND LOT BB OF GRAND VIEW PLACE, IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 7th day of October, 2022, the City Council of the City of Dubuque, Iowa met by in person and/or by virtual means on the 17th day of October, 2022, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot AA and Lot BB of Grand View Place, in the City of Dubuque, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the conveyance of City of Dubuque real property described as Lot AA and Lot BB, in the City of Dubuque, Iowa, to Dubuque Golf and Country Club be and the same is hereby approved. Conveyance shall be by Quit Claim Deed. Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to Dubu- que Golf and Country Club. Section 3. That the City Clerk be and is hereby authorized and directed to record a certifi ed copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubu- que County Auditor. Passed, approved, and adopted this 17th day of October 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Public Hearing for Sale of City-Owned Property at 2414 Windsor: Motion by Resnick to receive and file the documents and adopt Resolution No. 340-22 Disposing of city interest in real property at 2414 Windsor, in the City of Dubuque, Iowa . Seconded by Farber. Responding to a question from the City Council, Housing and Community Developm ent Director Alexis Steger stated that the property was a vacant building purchased for True North and converted into a single-family home. Motion carried 7-0. RESOLUTION NO. 340-22 DISPOSING OF CITY INTEREST IN REAL PROPERTY AT 2414 WINDSOR, IN THE CITY OF DUBUQUE, IOWA Whereas, the City Council, by Resolution No. 317-22, dated October 3, 2022, declared its intent to dispose of City interest in real property located at 2414 Windsor Avenue (the Property) legally described as: Lot 3 and the Southerly 6 feet of 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, pursuant to published notice, a public hearing was held on the proposed disposition on October 17, 2022 at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council that approval of the purchase agreement for the sale to Darnell Meekins according to the terms and condition s set out in the purchase agreement is 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. The purchase agreement by and between the City of Dubuque and Darnell Meek- ins for the sale of the Property, a copy attached hereto, is hereby approved. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute a Special Warranty Deed, conveying the City’s interest in the Property to Darnell Meekins. Section 3. That the City Clerk is hereby authorized and directed to cause said Special War- ranty Deed to be delivered to the City Attorney’s Office, together with a certified copy of the Resolution. Passed, approved, and adopted this 17th day of October 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Fiscal Year 2023 First Budget Amendment: Motion by Jones to receive and file the docu- ments and adopt Resolution No. 341-22 Amending the current budget for Fiscal Year Ending June 2023. Seconded by Resnick. Responding to a question from the City Council, City Man- ager Van Milligen stated that this budget amendment coincides with the budget selections ap- proved by the City Council during the Fiscal Year 2023 Budget Hearings unless council ap- proved any changes since then. Motion carried 7-0. CITY BUDGET AMENDMENT AND CERTIFICATION RESOLUTION - FY 2023 - AMEND- MENT # 1 To the Auditor of Dubuque County, Iowa: The City Council of Dubuque in said County/Coun- ties met on 10/17/2022 06:30 pm, at the place and hour set in the notice, a copy of which ac- companies this certificate and is certified as to publication. Upon taking up the proposed amend- ment, it was considered, and taxpayers were heard for and against the amendment. The Coun- cil, after hearing all taxpayers wishing to be heard and considering the statements made by them, gave final consideration to the proposed amendment(s) to the budget and modifications proposed at the hearing, if any. Thereupon, the following resolution was introduced RESOLUTION NO. 341-22 AMENDING THE CURRENT BUDGET FOR FISCAL YEAR ENDING JUNE 2023 (AS LAST CERTIFIED OR AMENDED ON 03/29/2022) Be it Resolved by the Council of City of DUBUQUE Section 1. Following notice published/posted 10/06/2022 and the public hearing held 10/17/2022 06:30 PM the current budget (as previously amended) is amended as set out herein and in the detail by fund type and activity that supports this resolution which was considered at the hearing REVENUES & OTHER FINANCING SOURCES Total Budget as Certified or Last Amended Current Amendment Total Budget After Current Amendment Taxes Levied on Property 1 25,574,621 0 25,574,621 Less: Uncollected Delinquent Taxes - Levy Year 2 0 0 0 Net Current Property Tax 3 25,574,621 0 25,574,621 Delinquent Property Tax Revenue 4 0 0 0 TIF Revenues 5 12,965,223 0 12,965,223 Other City Taxes 6 23,115,778 0 23,115,778 Licenses & Permits 7 2,030,903 0 2,030,903 Use of Money & Property 8 17,047,376 36,340 17,083,716 Intergovernmental 9 49,737,162 24,508,285 74,245,447 Charges for Service 10 51,581,648 0 51,581,648 Special Assessments 11 184,524 0 184,524 Miscellaneous 12 8,686,423 1,637,503 10,323,926 Other Financing Sources 13 17,845,215 9,966,364 27,811,579 Transfers In 14 43,219,328 17,956,645 61,175,973 Total Revenues & Other Sources 15 251,988,201 54,105,137 306,093,338 EXPENDITURES & OTHER FINANCING USES Public Safety 16 34,578,299 880,047 35,458,346 Public Works 17 14,734,385 2,965,200 17,699,585 Health and Social Services 18 1,071,888 12,517 1,084,405 Culture and Recreation 19 15,151,001 3,214,496 18,365,497 Community and Economic Development 20 16,743,027 198,259 16,941,286 General Government 21 12,657,367 1,735,744 14,393,111 Debt Service 22 11,764,376 0 11,764,376 Capital Projects 23 47,526,473 78,037,985 125,564,458 Total Government Activities Expenditures 24 154,226,816 87,044,248 241,271,064 Business Type/Enterprise 25 66,990,253 25,006,819 91,997,072 Total Gov Activities & Business Expenditures 26 221,217,069 112,051,067 333,268,136 Transfers Out 27 43,219,328 17,956,645 61,175,973 Total Expenditures/Transfers Out 28 264,436,397 130,007,712 394,444,109 Excess Revenues & Other Sources Over (Under) Ex- penditures/Transfers Out 29 -12,448,196 -75,902,575 -88,350,771 Beginning Fund Balance July 1, 2022 30 83,973,157 95,914,769 179,887,926 Ending Fund Balance June 30, 2023 31 71,524,961 20,012,194 91,537,155 Explanation of Changes: This amendment adds capital budget carryovers of $77,968,254 & associated revenue of $39,835,408 & encumbrance carryovers of $25,933,506 (continuing appropriation authority). Adds operating budget carryo- vers of $6,845,094 & associated revenue of $2,249,573, requiring a formal amendment. Also included is $438,001 increase in capital expense. Capital revenue decrease of $8,569,836. Operating expense increase of $943,311 and operating reve- nue increase of $2,633,347. Interfund transfers of $17,956,645. Certification Adopted On 10/17/2022 Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk PUBLIC INPUT Maddy Nasuti, 2410 Broadway, provided input regarding the recent ordinance enacted by City Council related to parking violations. ACTION ITEMS 1. Leisure Services Recruitment Plan Presentation: Motion by Resnick to receive and file the documents and view the presentation. Seconded by Farber. Dan Kroger, Recreation Division Manager, made a presentation on the Leisure Services recruitment plan. City Council Members suggested offering college credit for lifeguard certifications, offering additional bonuses for re- tention and referrals, partnering with non-profit organizations to offer job opportunities during the school year, and recruiting through the Dubuque Area Swimmin’ Hurricanes (DASH). Re- sponding to a question from the City Council, Mr. Kroger stated that Bunker Hill Golf Course was successfully staffed with retirees and that recruitment efforts will include toward the retiree population. Motion carried 7-0. The order of Action Item Nos. 2 and 3 were switched at the request of the City Manager. 2. Government Finance Officers Association (GFOA) Certificate of Achievement for Excel- lence in Financial Reporting: Motion by Roussell to receive and file the documents. Seconded by Sprank. City Council Members congratulated the Finance and Budget Department for the achievement. Motion carried 7-0. 3. Update on Odor Reduction Efforts: Motion by Jones to receive and file the documents and receive the report. Seconded by Resnick. Water and Resource Recovery Manager Willie O’Brien provided an update on odor reduction efforts at the Water & Resource Recovery Center. City Council Members stated they have received multiple resident feedback about the odors and that mitigating the odors is an investment for the city. Responding to question s from the City Council, Mr. O’Brien stated that certain meteorological conditions have an impact on the odors and discussed the potential impacts of using iron salts for odor mitigation. Motion carried 7-0. 4. Work Session Request: Central Avenue Corridor Streetscape Master Plan Draft : Motion by Sprank to receive and file the documents and schedule the work session for Monday, No- vember 21, 2022, at 5:00 p.m. Seconded by Roussell. No schedule conflicts were expressed. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Resnick reported on participating in a 22-mile bicycle ride as part of the City’s complete streets policy. Council Member Farber reported on attending Bluff Strokes Plein Air art show and Heritage Works’ rebranding event. Council Member Wethal reported on attending a safety and lighting tour on Central Avenue. Council Member Jones expressed appreciation for Dubuque Firefighter Tom Ludescher shar- ing his story about his colleagues saving his life when Mr. Ludescher recently suffered cardiac arrest. Mayor Cavanagh reported on the new exhibit at the National Mississippi River Museum and Aquarium that highlights the Marshall Islands and Marshallese community. CLOSED SESSION Motion by Jones to convene in closed session at 9:26 p.m. to discuss Pending Litigation and Purchase or Sale of Real Estate – Chapter 21.5(1)(c),(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 10:00 p.m. stating that staff had been given proper direction. There being no further business, Mayor Cavanagh declared the meeting adjourned at 10:01 p.m. /s/Adrienne N. Breitfelder, City Clerk