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12 19 22 City Council Proceedings Official - Special and Regular1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on December 19, 2022, in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Cavanagh; Council Members Farber (attended virtually), Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen (attended virtually at 5:33 p.m.), City Attorney Brumwell. Mayor Cavanagh read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on the Central Avenue Corridor Streetscape Master Plan. WORK SESSION CENTRAL AVENUE CORRIDOR STREETSCAPE MASTER PLAN Jill Connors, Economic Development Director; Ryan Peterson, Senior Partner with RDG Planning & Design; and Dave Lyons, Sustainable Innovation Consultant with Greater Dubuque Development Corporation, made a presentation on the Central Avenue Corridor Streetscape Master Plan. The presenters responded to questions from the City Council regarding the future traffic study, discussions with businesses regarding impacts from potential truck traffic rerouting, and next steps for the plan. City Council Members provided input on their preferred option for the gathering space proposed for 18th Street and certain features they would like to see included in the plan. There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:24 p.m. /s/Adrienne N. Breitfelder, City Clerk 2 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on December 19, 2022, in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Cavanagh; Council Members Farber (attended virtually), Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen (attended virtually), 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 CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Wethal. Motion carried 7 -0. 1. Minutes and Reports Submitted: Building Code Advisory and Appeals Board of 9/15/22; Civil Service Commission of 12/5/22; City Council Proceedings of 11/30/22 and 12/5/22; Five Flags Civic Center Advisory Commission of 11/28/22; Housing Commission of 10/25/22; Zoning Advisory Commission of 12/7/22; Proof of Publication for City Council Proceedings of 11/21/22. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: CEI ASO Mediacom Communications Corporation for vehicle damage; Jackson Rahman 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: CEI ASO for vehicle damage; Julie Fry for property damage; Jackson Rahman for vehicl e damage; Beth Whisler 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. 378-22 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. 378-22 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 3 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 gene rally 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 19th day of December, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Intent to Apply for City of Dubuque AmeriCorps Program : Upon motion the documents were received and filed, and Resolution No. 379-22 Authorizing the Mayor to execute an application for the City of Dubuque AmeriCorps Program and authorizing the Leisure Services Manager and the City Manager to approve the application was adopted. RESOLUTION NO. 379-22 AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION FOR THE CITY OF DUBUQUE AMERICORPS PROGRAM AND AUTHORIZING THE LEISURE SERVICES MANAGER AND THE CITY MANAGER TO APPROVE THE APPLICATION Whereas, the City of Dubuque administers City of Dubuque AmeriCorps Program; and Whereas, the City of Dubuque proposes to continue administering the City of Dubuque AmeriCorps Program. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Section 1. That the Mayor hereby is authorized and directed to submit an application for the City of Dubuque AmeriCorps Program on behalf of the City of Dubuque. Section 2. That the Leisure Services Manager and the City Manager are hereby authorized to approve the application that is submitted to Jamie Orozco-Nagel. Section 3. That the City Manager is hereby authorized and directed to forward said application and resulting standard executed contract to the respective agencies in a timely fashion and as required by the Iowa Commission on Volunteer Service. Passed, approved, and adopted this 19th day of December 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Intent to Apply for Volunteer DBQ 2023: Upon motion the documents were received and 4 filed, and Resolution No. 380-22 Authorizing the Mayor to execute an application for the Volunteer DBQ 2023 and authorizing the Leisure Services Manager and the City Manager to approve the application was adopted. RESOLUTION NO. 380-22 AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION FOR THE VOLUNTEER DBQ 2023 AND AUTHORIZING THE LEISURE SERVICES MANAGER AND THE CITY MANAGER TO APPROVE THE APPLICATION Whereas, the City of Dubuque administers Volunteer DBQ 2023; and Whereas, the City of Dubuque proposes to continue administering the Volunteer DBQ 2023. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Section 1. That the Mayor hereby is authorized and directed to submit an application for the Volunteer DBQ 2023 on behalf of the City of Dubuque. Section 2. That the Leisure Services Manager and the City Manager are hereby authorized to approve the application that is submitted to Michelle Raymer. Section 3. That the City Manager is hereby authorized and dire cted to forward said application and resulting standard executed contract to the respective agencies in a timely fashion and as required by the Iowa Commission on Volunteer Service. Passed, approved, and adopted this 19th day of December 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7. Iowa Amphitheater on Schmitt Island Project Resubmission of Destination Iowa Outdoor Recreation Fund Grant and Resolution: Upon motion the documents were received and filed, and Resolution No. 381-22 Authorizing the Mayor to execute an application resubmission for the Destination Iowa Outdoor Recreation Fund Grant and authorizing the City Manager to approve the application for the Iowa Amphitheater on Schmitt Island was adopted. RESOLUTION NO. 381-22 AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION RESUBMISSION FOR THE DESTINATION IOWA OUTDOOR RECREATION FUND GRANT AND AUTHORIZING THE CITY MANAGER TO APPROVE THE APPLICATION FOR THE IOWA AMPHITHEATER ON SCHMITT ISLAND Whereas, Governor Reynolds has allocated $100 million dollars to bolster the quality of life in Iowa’s communities and attract visitors and new residents to the state; and applications are being accepted and administered by the Iowa Economic Development Authority (IEDA); and Whereas, the allocated funds are focused on shovel -ready projects; and Whereas, IEDA has four areas for grant funding, one of which is Outdoor Recreation; and Whereas, over the last two and one-half years during the pandemic there has been a large increase in the utilization of outdoor amenities across the state; and Whereas, Dubuque is uniquely situated along the Mississippi River for outdoor activities and exploration, is located directly adjacent to Wisconsin and Illinois, and is a major Iowa tourism destination; and Whereas, the City has an approved Master Plan for Chaplain Schmitt Island (Plan) and has identified the Plan implementation as a top priority for the community; and Whereas, the Island is prime for redevelopment with shovel-ready outdoor recreation projects which will both enhance the quality of life for existing residents while also drawing tourists and attracting new residents; and Whereas, the City of Dubuque applied for an IEDA Destination Iowa Outdoor Recreation 5 Fund grant and will take the lead to administer the IEDA Destination Iowa Outdoor Recreation Fund upon a grant award; and Whereas, the Mayor and City Council approved the submission of a grant application to the IEDA Destination Iowa Outdoor Recreation Fund on behalf of the City of Dubuque at their October 3, 2022 meeting; and Whereas, based upon further guidance from the IEDA staff since submission of the original grant application, the grant application has been further refined; and Whereas, the City staff resubmitted the application with a focus on the Iowa Amphitheater on Schmitt Island on December 12, 2022; and Whereas, the City wishes to formally approve the resubmission through Resolution. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Section 1. The City Council supports the refined and resubmission of the grant application. Section 2. The Mayor is hereby authorized to approve and submit this resolution in support of the refined and resubmitted application to the Iowa Economic Development Authority. Section 3. The City Manager is hereby authorized and directed to act in response to the needs of the Iowa Economic Development Authority in furthering the resubmitted grant application. Passed, approved, and adopted this 19th day of December, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 8. Tree City USA Application Approval Request: Upon motion the documents were received, filed, and approved. 9. Pollinator/Wildlife Friendly Areas on City Property: Upon motion the documents were received and filed. 10. Fiscal Year 2023 Community Development Block Grant Funding Agreement: Upon motion the documents were received and filed, and Resolution No. 382-22 Authorizing execution of FY23/PY22 Community Development Block Grant Agreement was adopted. RESOLUTION NO. 382-22 AUTHORIZING EXECUTION OF FY23/PY22 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT Whereas, the City of Dubuque receives Community Development Block Grant funding annually; and Whereas, the City Council approved the Fiscal Year 2023 budget that included Community Development Block Grant allocation; and Whereas, the City Council and the Federal Department of Housing and Urban Development have approved an Annual Action Plan for the allocation of this funding in accordance with our Consolidated Plan; and Whereas, all services provided will meet a national objective to assist a majority low-moderate income residents, eliminate slum or blight, or meet an urgent need. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the FY23/PY22 Community Development Block Grant Agreement 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. 6 Section 3. That the Director of Housing & Community Development is hereby authorized and directed to forward said grant award and resulting standard executed contract to the respective agencies in a timely fashion and as required by the U. S. Department of Housing and Urban Development. Section 4. The City Manager or his designee is hereby authorized and directed to execute related documents to ensure compliance with the g rant agreement and timely expenditure of funds. Passed, approved, and adopted this 19th day of December 2022. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 11. First Amendment to Community Development Block Grant (CDBG) Subrecipient Agreement between the City of Dubuque and Opening Doors - Maria House: Upon motion the documents were received and filed, and Resolution No. 383-22 Authorizing the First Amendment to the CDBG Subrecipient Agreement between the City of Dubuque and Opening Doors was adopted. RESOLUTION NO. 383-22 AUTHORIZING THE FIRST AMENDMENT TO THE CDBG SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF DUBUQUE AND OPENING DOORS Whereas, the City of Dubuque and Opening Doors entered into a CDBG Subrecipient Agreement dated July 6, 2021 with respect to rehab the Maria House; and Whereas, the parties desire to modify the Subrecipient Agreement as set out in the First Amendment to the Subrecipient Agreement attached hereto; and Whereas, Opening Doors provides services to a majority low to moderate-income individuals and serve a group primarily presumed to be LMI such as battered spouses and homeless persons. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the First Amendment to the CDBG Subrecipient Agreement be approved. Section 2. That the City Manager or his designee of the City of Dubuque is hereby authorized and directed to execute said Amendment on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 19th day of December 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 12. Plat of Survey of Shagbark Estates Plat 3 : Upon motion the documents were received and filed, and Resolution No. 384-22 Approving the Plat of Survey of Shagbark Estates Plat 3, City of Dubuque, Dubuque County, Iowa was adopted. RESOLUTION NO. 384-22 APPROVING THE PLAT OF SURVEY OF SHAGBARK ESTATES PLAT 3, CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a Plat of Survey of Shagbark Estates Plat 3, in the City of Dubuque, Dubuque County, Iowa; and Whereas, said Plat of Survey has been examined by the Zoning Advisory Commission and its approval has been endorsed thereon; 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. 7 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Plat of Survey of Shagbark Estates Plat 3, City of Dubuque, Dubuque County, Iowa is hereby 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. Passed, approved, and adopted this 19th day of December, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 13. Plat of Survey of Kane Business Park Plat 2: Upon motion the documents were received and filed, and Resolution No. 385-22 Approving the Final Plat of Kane Business Park Plat 2, in Dubuque County, Iowa was adopted. RESOLUTION NO. 385-22 APPROVING THE FINAL PLAT OF KANE BUSINESS PARK PLAT 2, IN DUBU QUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Kane Business Park Plat 2, Dubuque County, Iowa that is within the City’s 2-mile extraterritorial jurisdiction; and Whereas, said Final Plat provides 0 feet of frontage for Lot 1 on a public or approved private street, where street frontage is required by Section 11 -14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code; and Whereas, said Final Plat has been examined by the Zoning Advisory Commissi on and its approval has been endorsed thereon; and Whereas, said Final Plat has been examined by the City Council and they find that it conforms to the statues and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY O F 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 1 on a public street or an approved private street. Section 2. That the Final Plat of Kane Business Park Plat 2, in Dubuque County, Iowa is hereby 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. Passed, approved, and adopted this 19th day of December 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 14. Participation in National League of Cities “City Inclusive Entrepreneurship” Program : Upon motion the documents were received and filed. 15. Greater Dubuque Child Care Analysis Report: Upon motion the documents were received and filed. 16. Award for the English Lane Sanitary and Storm Repair: Upon motion the documents were received, filed, and made a matter of record. 17. Award for the Foothill Court Drain Tile Project 2023: Upon motion the documents were received, filed, and made a matter of record. 18. Award for the Green Alley Retaining Wall – 2406, 2408, 2410 Queen Street Between 8 Queen Street and Windsor Avenue: Upon motion the documents were received, filed, and made a matter of record. 19. Award for the 8th Street Brick Pavers Remediation Project : Upon motion the documents were received, filed, and made a matter of record. 20. Chavenelle Road - Northwest Arterial to Radford Road Reconstruction Project: Upon motion the documents were received and filed, and Resolution No. 386 -22 Approving Water Main Change Order for the Chavenelle Road – NW Arterial to Radford Road Reconstruction Project was adopted. RESOLUTION NO. 386-22 APPROVING WATER MAIN CHANGE ORDER FOR THE CHAVENELLE ROAD – NW ARTERIAL TO RADFORD ROAD RECONSTRUCTION PROJECT Whereas, said sealed proposals were opened and read on the 8th day of July 2021 and it was determined Horsfield Construction, Inc. of Epworth, Iowa, submit ted low bid in the amount of $1,864,873.50, and is the lowest responsive, responsible bidder for the Project; and Whereas, an emergency water main replacement on Chavenelle Road from the NW Arterial to Radford Road was deemed necessary by an Iowa Professio nal Engineer; and Whereas, Horsfield Construction, Inc., the contractor for the road reconstruction project was willing and able to complete the emergency water main reconstruction expeditiously; and Whereas, Horsfield Construction, Inc. subsequently assigned its interests in the contract to Bard Materials Corporation; and Whereas, the change order for the emergency water main replacement must be approved in order to facilitate project closeout. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That a change order in the amount of $533,782.50 for the project is hereby approved and the City Manager is hereby directed to sign the change order for the Public Improvement Contract on behalf of the City of Dubuque for the P roject. Passed, adopted, and approved this 19th day of December 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 21. Agreement with Kwik Trip, Inc. - Kwik Trip, Inc. Convenience Store/Gas Station at Intersection of Kerper Boulevard and Kerper Court: Upon motion the documents were received and filed, and Resolution No. 387 -22 Approving an Agreement between the City of Dubuque, Iowa and Kwik Trip, Inc. for construction of certain off -site public roadway improvements at the intersection of Kerper Boulevard and Kerper Court related to the proposed site improvements at said intersection was adopted. RESOLUTION NO. 387-22 APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND KWIK TRIP, INC. FOR CONSTRUCTION OF CERTAIN OFF-SITE PUBLIC ROADWAY IMPROVEMENTS AT THE INTERSECTION OF KERPER BOULEVARD AND KERPER COURT RELATED TO THE PROPOSED SITE IMPROVEMENTS AT SAID INTERSECTION Whereas, Kwik Trip, Inc. (KTI) has proposed a development project (the Project) at the intersection of Kerper Boulevard and Kerper Court; and Whereas, the City of Dubuque has determined that the Project will require certain improvements to the public right of way of Kerper Boulevard and Kerper Court and KTI agrees 9 that such improvements are reasonable and necessary; and Whereas, the City of Dubuque has negotiated an Agreement, subject to City Council approval, with KTI for the construction of off -site public roadway improvements at the intersection of Kerper Boulevard and Kerper Court related to the proposed private site improvements by KTI at the southwest quadrant of said intersection; and Whereas, the City Council finds that it is in the best interest of the City of Dubuque to approve the Agreement attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Agreement attached hereto is hereby approved. Section 2. The City Manager is authorized and directed to execute the Agreement on behalf of the City of Dubuque and to take such action as may be necessary to carry out the terms of the Agreement. Passed, Approved, and Adopted this 19th day of December, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 22. Iowa Department of Transportation (DOT) Project Notification Letters : Correspondence from Jesse Tibodeau, P.E., Assistant District Engineer with the Iowa DOT, informing the City Council of upcoming Bridge Cleaning projects and a PCC Pavement Patching Project. Upon motion the documents were received and filed. 23. Carbon Disclosure Project - 2022 Scorecard: Upon motion the documents were received and filed. 24. Resilient Community Advisory Commission Letter about Plant Heights: Upon motion the documents were received, filed, and approved. 25. Signed Contract(s): Administrative Agreement with Iowa Municipalities Workers' Compensation Association; Origin Design Co. for Municipal Services Center, Reception Renovations Project. Upon motion the documents were received and filed. 26. Verified Claim Extending Restrictions On Use Of Property On Kerper Court: Upon motion the documents were received and filed, and Resolution No. 388 -22 Approving a verified claim pursuant to Iowa Code Section 614.24 to renew use restrictions was adopted. RESOLUTION NO. 388-22 APPROVING A VERIFIED CLAIM PURSUANT TO IOWA CODE SECTION 614.24 TO RENEW USE RESTRICTIONS Whereas, the City of Dubuque, Iowa (City) and John P. Mihalakis and Richard L. Billmeyer entered into an Agreement for the Exchange of Land dated February 15, 1999, a Memorandum of Agreement of which was recorded on February 15, 2000, Instrument No. 1620-00, which Agreement included certain restrictions on the use of the following described real property: Lot 5 of Kerper Industrial Park in the City of Dubuque, according to the recorded plat thereof and Lot 2 of FDL Second Addition to the City of Dubuque, Iowa according to the recorded plat thereof, now known as Lot 1 and Lot 2 of Kerper Industrial Park No. 2 in the City of Dubuque, Iowa; and Whereas, the restrictions on use are valid for a period of twenty-one years from the date of recording of the Memorandum of Agreement; and Whereas, Iowa Code § 614.24 allows City to file a verified claim to extend the restrictions on 10 use for an additional twenty-one years; and Whereas, by Verified Claim Pursuant to Iowa Code Section 614.24 to Renew Use Restrictions recorded July 8, 2016 as Instrument No. 2016-8563 in the records of the Dubuque County Recorder, the Use Restrictions contained in the above -referenced Memorandum of Agreement were extended for an additional period of 21 years; and Whereas, City desires to extend the restrictions on use for an additional twenty -one years; and Whereas, the City Council finds that the attached Verified Claim should be filed to extend the use restrictions for an additional period of twenty-one years from the date of the recording of the Verified Claim. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, AS FOLLOWS: Section 1. The attached Verified Claim is hereby approved. Section 2. The Mayor is authorized and directed to sign the Verified Claim on behalf of the City of Dubuque. Passed, approved, and adopted this 19th day of December, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 27. Kwik Trip, Inc. Clarification of Use Restrictions at Lot 2 of Kerper Industrial Park No. 2 : Upon motion the documents were received and filed, and Resolution No. 389 -22 Approving the Clarification of Use Restrictions at Lot 2 of Kerper Industrial Park No. 2 was adopted. RESOLUTION NO. 389-22 APPROVING THE CLARIFICATION OF USE RESTRICTIONS AT LOT 2 OF KERPER INDUSTRIAL PARK NO. 2 Whereas, the City of Dubuque and John P. Mihalakis and Richard L. Billmeyer entered into an Agreement for the Exchange of Land dated February 15, 1999, pursuant to which John P. Mihalakis and Richard L. Billmeyer acquired Lot 2 of Kerper Industrial Park No. 2 from the City; and Whereas, the Agreement included certain restrictions on the use of the Real Estate at Lot 2 of Kerper Industrial Park No. 2, in particular outdoor storage, which apply to any subsequent purchaser of the Real Estate; and Whereas, Kwik Trip, Inc. is purchasing the Real Estate from John P. Mihalakis and Richard L. Billmeyer for development as a fuel station and convenience store; and Whereas, Kwik Trip, Inc. has requested that the City clarify that the use restrictions permit exterior storage of retail items for sale on the Real Estate, including, but not limited to, salt, bundles of wood, ice and propane by Kwik Trip, Inc.; and Whereas, the attached Clarification of Use Restrictions makes that clarification; and Whereas, the City Council finds that the Clarification of Use Restrictions should be approved; and Whereas, in all other respects, the use restrictions will continue in full force and effect. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, AS FOLLOWS: Section 1. The Clarification of Use Restrictions is hereby approved. Section 2. The Mayor is authorized and directed to sign the Clarification of Use Restrictions on behalf of the City of Dubuque. Passed, approved, and adopted this 19th day of December, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 11 28. City Focus Magazine - Fall/Winter 2022 Issue: Upon motion the documents were received and filed. 29. Proposed Amendment to Master Co-location and Shared Services Agreement Between the City of Dubuque and Dubuque County : Upon motion the documents were received, filed, and approved. 30. Adoption of Supplement Number 2022 S-8 Part Two to the City of Dubuque Code of Ordinances: Upon motion the documents were received and filed, and Resolution No. 390 -22 Adopting Supplement No. 2022 S-8 Part Two to the Code of Ordinances of the City of Dubuque, Iowa was adopted. RESOLUTION NO. 390-22 ADOPTING SUPPLEMENT NO. 2022 S-8 PART TWO 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, Iowa 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, become part of the Code of Ordinance; and Whereas, Supplement No. 2022 S-8, adopted on October 17th, 2022, omitted Ordinance No. 30-22, adopted on September 6th, 2022; and Whereas, Supplement No. 2022 S-8 Part Two incorporates Ordinance No. 30-22 in the City of Dubuque’s Code of Ordinances; 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 DUBUQUE IOWA: Section 1. That Supplement No. 2022 S-8 Part Two to the City of Dubuque Code of Ordinances, which codifies Ordinance No. 30-22 as approved by the City Council on September 6th, 2022, is hereby adopted, and becomes part of the Code of Ordinances of the City of Dubuque, Iowa. Passed, approved, and adopted this 19th day of December 2022 Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 31. Certified List - Police Officer: Upon motion the documents were received, filed, and made a matter of record. 32. Liquor License Renewals: Upon motion the documents were received and filed, and Resolution No. 391-22 Approving applications for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 391-22 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND 12 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 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 DUBUQUE, 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 documentation: Renewals Convivium Urban Farmstead 2811 Jackson St. Dollar General Store 10074 2400 Gateway Dr. Dollar General Store 6896 605 W. Locust St. Dollar General Store 7289 3250 Kennedy Cir. Ste 8 Millwork Marketplace 333 East 10th St. Northside Bar, Inc. 2776 Jackson St. The Richards House B&B 1492 Locust St. Passed, approved, and adopted this 19th day of December 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. Resolution Setting a Public Hearing on a Proposed Development Agreement by and between the City of Dubuque, Iowa and McCoy Group, Inc. for the Issuance of Urban Renewal Tax Increment Revenue Grant Obligations Pursuant to the Development Agreement : Upon motion the documents were received and filed and Resolution No. 392-22 Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on the proposed Development Agreement between the City of Dubuque and McCoy Group, Inc., including the proposed issuance of Urban Renewal Tax Increment Revenue Grant Obligations to McCoy Group, Inc., and providing for the publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on January 3, 2023 in the Histor ic Federal Building. RESOLUTION NO. 392-22 FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON THE PROPOSED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE AND MCCOY GROUP, INC., INCLUDING THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE GRANT OBLIGATIONS TO MCCOY GROUP, INC., AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, McCoy Group, Inc. is the owner of the following described real property: TRACT I: Lot 2 of Lot 3 of Lot 3 of Southpark Addition No. 1, in the City of Dubuque, Iowa, according to the recorded plat thereof, subject to easements of record TRACT II: Lot 2 of Southpark Addition No. 2, in the City of Dubuque, Iowa, according to the 13 recorded plat thereof, subject to easements of record TRACT III: Lot 2 of Southpark Addition No. 1, in the City of Dubuque, Iowa, according oto the recorded plat thereof, subject to easements of record (the “Property”) TRACT IV: Lot 1 of Southpark Addition No. 2, in the City of Dubuque, Iowa , according to the recorded plat thereof, subject to easement of record TRACT V: Lots 1 and 2 of Gudenkauf Place, City of Dubuque, Iowa (the Property); and Whereas, City of Dubuque, Iowa (City) and McCoy Group, Inc. have entered into a Development Agreement, subject to the approval of the City Council, pursuant to which McCoy Group, Inc. will construct on the Property certain 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 development grants to McCoy Group, Inc., referred to therein as Urban Renewal Tax Increment Revenue Grant Obligations, payable from the tax increment revenues collected in respect of the Improvements to be constructed by McCoy Group, Inc. 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 DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause this Re solution 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 3rd day of January, 2023 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 to be described in an Urban Renewal Plan for the Urban Renewal Area Economic Development District, consisting of the funding of economic development grants to McCoy Group, 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 $2,978,213. 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 publication to be not less than four days nor more than twenty days before the date of said meeting on the issuance of said obligations. Section 4. That the Notice of the proposed action shall be in substantially the form attached hereto. Passed, approved, and adopted this 19th day of December, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Resolution of Necessity for the Proposed Urban Renewal Plan for the Twin Valley Urban 14 Renewal Area: Upon motion the documents were received and filed and Resolution No. 393-22 Authorizing and directing the City Manager to prepare an Urban Renewal Plan for the Twin Valley Urban Renewal Area, setting a date for the public hearing and directing the consultation process on the proposed Amended and Restated Urban Renewal Plan for said district was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on February 6, 2023 in the Historic Federal Building. RESOLUTION NO. 393-22 AUTHORIZING AND DIRECTING THE CITY MANAGER TO PREPARE AN URBAN RENEWAL PLAN FOR THE TWIN VALLEY URBAN RENEWAL AREA, SETTING A DATE FOR THE PUBLIC HEARING AND DIRECTING THE CONSULTATION PROCESS ON THE PROPOSED URBAN RENEWAL PLAN FOR SAID DISTRICT Whereas, the City Council of the City of Dubuque has determined that the creation of the Twin Valley Urban Renewal Area (the “Area”) will stimulate, through public involvement and commitment, private investment in redevelopment activity; and Whereas, a proposed public purpose activity has been identified requiring the issuance of urban renewal tax increment revenue grant obligations and infrastructure improvements in the Area; and Whereas, Iowa Code Chapter 403 requires that before urban renewal authority may be exercised, a City Council must adopt a resolution of necessity finding that the area in question is a slum, blighted or economic development area, and that so designating such area is necessary in the interest of the public health, safety, or welfare of the residents of the municipality. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the proposed Twin Valley Urban Renewal Area, as generally described in Attachment A and Attachment B to this Resolution, is an economic development area as defined by Chapter 403 of the Iowa Code and is appropriate for an urban renewal project. Section 2. That the development of the Twin Valley Urban Renewal Area is necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning and local community objectives. Section 3. That the City Manager is authorized and directed to prepare an Urban Renewal Plan for the Twin Valley Urban Renewal Area to include in such Plan any appropriate project activities and details, to forward said Plan to the City's Long Range Planning Commission for review and comment, and to determine an appropriate date for and conduct the consultation process required by law with affected taxing entities concerning the proposed plan. Section 4. That the City Council hold a public hearing on the adoption of the proposed Urban Renewal Plan for the Twin Valley Urban Renewal Area on February 6, 2023 at 6:30 p.m. in the form attached hereto. The notice of said hearing shall generally identify the areas covered by the Plan and the general scope of the urban renewal activities planned for such areas and said notice shall be published in a newspaper having general circulation within the City not fewer than four days nor more than twenty days before the date of said meeting. Section 5. That the Economic Development Department is further directed to send by ordinary mail a copy of said Plan, the notice of public hearing, a notice of consultation, and, to the extent the Plan includes the use of tax increment revenues for a public building, an analysis of alternative development and funding opti ons for such public buildings, to the Dubuque Community School District and the Dubuque County Board of Supervisors, as the affected taxing entities. Passed, approved, and adopted this 19th Day of December, 2022. Brad M. Cavanagh, Mayor 15 Attest: Adrienne N. Breitfelder, City Clerk PUBLIC HEARINGS 1. Rezoning Rosedale Avenue/Saint Ambrose Street: Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Sprank. Planning Services Manager Wally Wernimont provided a staff report. Applicant Tom Kelzer, 9565 Royalwood Dr., spoke in favor of the request, providing input on availability of parking for the proposed apartment complex and traffic volumes. Richard Motor, 2080 Rosedale Ave.; and Austen Clark, 2020 Rosedale Ave., spoke in opposition to the request, citing potential negative impacts to the neighborhood resulting from the proposal. Dan Sampson, 2501 Jackson St., spoke in support of the request. City Clerk Breitfelder stated that written input was received from Marian Morris, 1440 South Grandview Ave.; and Mr. Clark. Responding to questions from the City Council, Mr. Wernimont summarized the responsibilities of the city’s development review team, provided Zoning Advisory Commission input regarding their divided vote on this request, and summarized the conditional rezoning process. Responding to a question from the City Council, Mr. Kelzer stated that Saint Anthony’s Church has covenants on the property that prevent any uses that are against their doctrine. City Council Members expressed support for the request, emphasizing the need for housing and highlighting the property’s proximity to many schools and businesses. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 43-22 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described parcels of land located along Clarke St. Ambrose and Rosedale Streets within the City of Dubuque from R-1 Single Family Residential District to OR Office Residential District. Seconded by Sprank. Motion carried 7-0. ORDINANCE NO. 43-22 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PARCELS OF LAND LOCATED ALONG CLARKE ST. AMBROSE AND ROSEDALE STREETS WITHIN THE CITY OF DUBUQUE FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO OR OFFICE RESIDENTIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, 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 R -1 Single- Family Residential to OR Office Residential to wit: Lot 24, 25, 26, and Lot 34, 35, 36 & 2 -37 & 2-38 all of Finley Addition and to the centerline of the abutting public rights of way, all in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory 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 19th day of December 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Amending the Dubuque Industrial Center Planned Unit Development : Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting a t which it is 16 to be passed be suspended. Seconded by Resnick. Planning Services Manager Wally Wernimont provided a staff report. Rick Dickinson, President and CEO of Greater Dubuque Development Corporation (GDDC), spoke in favor of the request. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 44-22 Amending Title 16, the Unified Development Code of the City of Dubuque Code of Ordinances by adopting a revised Planned Unit Development Ordinance for the Dubuque Industrial Center Phases I and II located at the southwest corner of Highway 32 (Northwest Arterial) and Chavenelle Road and by rescinding Ordinance 22-07. Seconded by Resnick. Motion carried 7-0. ORDINANCE NO. 44-22 AMENDING TITLE 16, THE UNIFIED DEVELOPMENT CODE OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADOPTING A REVISED PLANNED UNIT DEVELOPMENT ORDINANCE FOR THE DUBUQUE INDUSTRIAL CENTER PHASES I AND II LOCATED AT THE SOUTHWEST CORNER OF HIGHWAY 32 (NORTHWEST ARTERIAL) AND CHAVENELLE ROAD AND BY RESCINDING ORDINANCE 22-07 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16, the Unified Development Code of the City of Dubuque Code of Ordinances is hereby amended by adopting a revised Planned Unit Development Ordinance for the Dubuque Industrial Center, as shown in Attachment A, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. Planned Development District Regulations A. Purpose and Scope - This document sets forth the conditions and restrictions applicable to the specific Pl Planned Industrial District known as "Dubuque Industrial Center." All development and use of property in this specific district shall comply with these conditions as well as with the PI Planned Industrial District provisions of the Zoning Ordinance and other applicable regulations of the City of Dubuque. This document is not intended to abrogate, annul, or otherwise interfere with any easement, covenant or any other private agreement or legal relationship; provided, however, that where the conditions and restrictions of this document are not restrictive or impose higher standards or requirements than such easement covenant or other private agreement or legal relationship, the requirements of this document shall govern. B. Definitions 1. Building-related Features - Building-related features are defined as all construction 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 of liquids, fuels, gases, and other materials. 2. Vehicle-related Features - Vehicle-related features are defined as all areas used for 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. 3. Open Space Features - Open space features are defined as those exterior areas and developed features of the lot which include: 17 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. e. Other non-building and non-vehicular related space. C. Use Regulations - Uses within this particular PI Planned Industrial District shall be permitted as follows: 1. Land Use Plan - Land uses shall be located only in compliance with the Attachment A Dubuque Industrial Center Land Use Plan Phase I and II. 2. Permitted Uses a. Development Parcels withing Phase I of the Dubuque Industrial Center may be used for any principal permitted, accessory and conditional use allowed in the HI Heavy Industrial District. b. Development parcels within Phase II of the Dubuque Industrial Center may be used for the following permitted and accessory uses: 1). Railroad and public or quasi-public utilities, including substations. 2). General offices 3). Medical/dental lab 4). Personal services 5). Off-street parking lot 6). Parking structure 7). Bakery (wholesale/commercial) 8). Drive-up automated bank teller 9). Furniture upholstery/repair 10). Banks/savings and loans, and credit unions 11). Vending/game machine sales and service 12). Mail order houses 13). Construction supply sales and service 14). Printing/publishing 15). Moving/storage facilities 16). Wholesale sales/distributor 17). Freight transfer facilities 18). Agricultural supply sales 19). Cold storage/locker plants 20). Packing and processing of meat, dairy or food products, but not to include slaughterhouses or stockyards 21). Compounding, processing, and packaging of chemical products, but not including highly flammable or explosive materials 22). Manufacture, assembly, repair, or storage of electrical and electronic products, components, or equipment 23). Laboratories for research or engineering 24). Warehousing and storage facilities 25). Manufacture or assembly of musical instruments, toys, watches, or clocks, medical, dental, optical, or similar scientific instruments; orthopedic or medical appliances; signs or billboards 26). Manufacturing, compounding, assembly or treatment of articles or products from the following substances: clothing or textiles, rubber, precious or semi-precious stones or metal, wood, plastic, paper, leather, fiber, glass, hair wax, sheet metal, 18 feathers, fur, and cork 27). Manufacture, storage or processing of the following products or materials: glue, petroleum products or any flammable liquid, asphalt or concrete products, explosive materials of any type, structural steel and foundry products, fertilizer, pharmaceutical products, including cosmetics, toiletries and soaps, and stone products, including brick, building stone and similar masonry materials [ ] Parking group – see Chapter 14 of the Unified Development Code. Accessory Uses: The following uses shall be permitted as accessory uses: 1) 1. Any use customarily incidental and subordinate to the principal use it serves. D. Lot and Bulk Standards 1. Maximum Height - Maximum height of building-related features shall not exceed fifty (50) feet, except that structural appurtenances, such as towner, chimneys, and mechanical equipment may be allowed to exceed this limit. 2. Land Area Coverage a. Land area coverage by building-related features and vehicle-related features shall not exceed the maximum limits established in this section. Land area for open space - related features shall not be less than the minimum limits established in this secti on. b. Maximum lot coverage shall by eighty (80) percent. All building and vehicle-related features shall be considered when calculating total land area coverage, except fire lanes and railroad tracks. c. The City Engineer shall review all building and pa ving expansions for compliance with storm water control regulations and policies. 3. Lot Development Zones - Development on each lot is regulated by standards for each of the four lot development zones shown on Attachment B. The position of each lot line related to adjacent lots, streets, public open space, and existing topography establishes the type of zone which has been designated for each lot line. The degree to which building-related, vehicle-related, and open space-related features may be developed in each zone is established in accordance with the section diagrams included as Attachment C, parts 1 through 5. Abbreviations used on the diagrams include: BR: Building-related features VR: Vehicle-related features OS: Open space-related features Basic Zone Descriptions: “A” Zone: Area between street right-of-way line and “B” zone. Principally contains open space and a limited amount of vehicle-related features. No building-related features are allowed in this zone. “A” zones associated with major and minor streets are different. “B” Zone: Major area inside the “A”, “C”, and “D” zones. Principally contains buildings and vehicle-related features with a lesser amount of open space. “C” Zone: Area between the public open space (back or side) lot lines and the “B” zone. Principally contains open space and a limited amount of vehicle -related features. “D” Zone: Area associated with a lot line separating two lots. Principally contains open space and a limited amount of vehicle -related features. E. District Standards - Each use shall be planned, designed, constructed, operated, and maintained in such a manner as to comply with the district standards of the PI Planned Industrial District and the following: 1. Required Open Space Development a. Plant Materials. The open space area of each lot shall be planted with permanent lawn and ground covers, shrubs, and tress. 19 These plantings shall be designed to perform the functions and purposes set forth in Guidelines for the Selection of Plan Materials (Attachment D). The installation of required plant materials may be phased in direct proportion to the phasing of building construction. All exposed soil areas remaining after construction of the building and vehicle-related features shall be planted with permanent ground cover to prevent erosion. The area between the paved public street and the right-of- way line shall be planted and maintained by the lot owner. b. Pedestrian Areas: Permanent hard-surfaced walkways shall be installed and maintained for the purpose of pedestrian movement between all parking areas and functioning entrances and exits of the buildings. 2. Control of Vehicle-related Features a. Parking spaces required: Each developed lot shall provide a minimum number of off - street parking spaces for employees and visitors. The number of spaces required shall be in accordance with Chapter 14 of the Unified Development Code. When computation of required off-street parking spaces results in a fractional number, the require spaces shall be the next higher whole number. All off -street parking spaces shall be located on the same lot as the building for which such spaces are required or on an adjacent lot in a location which is not farther t han 300 (three hundred) feet from the building served. Parking spaces provided for overnight storage of company-owned commercial vehicles shall be in addition to the minimum required number of spaces. b. Loading spaces required. A minimum number of required off- street parking spaces shall be provided on each developed lot as established by applicable provisions of the City of Dubuque Unified Development Code enforced at the time of development on the lot. c. Phased construction of buildings, parking spaces and loading spaces. The construction of off-street parking spaces and loading spaces may be phased in proportion to the percentage of total building floor area constructed at any one time. Ground area set aside for future parking, loading spaces or driveways or for parking provided in excess of the minimum required number of parking or loading spaces shall not reduce the minimum required area for open space. d. Location of vehicle-related features on the lot. The ground location of all vehicle-related features is controlled by the provisions of Section D(3) Lot Development Zones. e. Design. All vehicle-related features shall be surface with a hard, all-weather, durable, dust-free surfacing material. Proper drainage of storm water shall be provided. All parking and loading spaces shall be delineated on the surfacing material by painted stripes or delineated on the surfacing material by pained stripes or other perm anent means. Widths and lengths of parking and loading spaces shall be governed by applicable provisions of the City of Dubuque Ordinances enforced a the time of development of the lot. The number, size, design, and location of parking spaces designated for handicapped drivers shall be according to local, state, or federal requirements in effect at the time of development. The location or driveway intersections with public streets shall be established by the City of Dubuque. Reverse movement maneuvering of delivery vehicles between the lot and minor cul- de-sac streets is allowable. No on-street maneuvering of deliver vehicles will be allowed on any type of through street. Lots adjoining through streets shall provide all necessary maneuvering space for delivery vehicles within the confines of the lots. f. Loading doors and docks. All loading (shipping and receiving of raw and manufactured 20 goods) doors and docks shall be designed to provide for direct movement of goods between the delivery vehicle and the interior of the building. No visually exposed platform docks shall be allowed, except within fully screened storage areas. Exterior loading and unloading of vehicles is allowed within screened exterior storage areas. 3. Utility Location a. Service lines. All electrical, telephone, television cable and other similar utility lines serving the building and other site features shall be located underground. b. Mechanical equipment. All electrical transformers, switching gear, relay boxes, metes, air conditioning units, heat pumps, and other similar mechanical equipment shall be located in positions which are shielding from view form public streets in the Dubuque Industrial Center. Constructed fencing or walls and plant materials may be used to visually screen such mechanical equipment. 4. Site Signage a. Applicability of City of Dubuque Ordinances. The provisions of the City of Dubuque Unified Development Code and Sign Ordinance apply to the construction and maintenance of signs, unless further regulated by this section. b. Off-premise signs. No off-premise signs shall be erected or constructed in the Dubuque Industrial Center or on any of the private lots or buildings within the Dubuque Industrial Center. c. On premise signs. 1). Allowable content. Signs, messages, and graphics shall be limited to the following contents: aa) Primary Signs i. Identification of company name ii. Identification of company products or services iii. Street address iv. Graphic symbol or logo identified with the company bb) Secondary Sign i. Direction messages necessary for the safe and efficient flow of vehicular and pedestrian traffic on the lot ii. Identification of visitor entrances to the building, shipping, and receiving docks, and other deliver points iii. Identification of assigned parking spaces and handicapped accessibility iv. Temporary announcements of pending or new construction v. Commemorative messages 2). Maximum number of signs. The number of primary signs shall not exceed five (5) for each premises or lot. No maximum number of secondary signs is established. 3). Maximum area of sign panel. If a primary sign is building-mounted its total area shall not exceed 15% of the area of the building wall upon which it is mounted. If the primary sign is freestanding, its maximum area shall not exceed the following: Lot area (acres) Maximum primary sign area (sq. ft.) 0 to 5 30 square feet 5.01 to 10 50 square feet 10.01 to 20 70 square feet 20.01+ 90 square feet The area of double-faced freestanding signs shall be computed as the area of a single face only. No maximum cumulative area is established for secondary signs; however, no single permanent secondary sign shall exceed six feet in area. 4). Allowable structural types. Primary and secondary signs may be mounted on exterior 21 walls of buildings or may be freestanding. No signs shall be mounted on roofs or above any eave or parapet of the building. All building - mounted signs shall be flush mounted on the wall and no projections beyond one (1) foot shall be allowed. The determination of area of signs composed of separate elements shall be the area of a rectangle that completely encloses all such elements and/or corporate identification devices. 5). Sign locations on lots. Building-mounted primary signs may be located on any façade of a building in the industrial park. Freestanding primary signs may be located anywhere on the building lot. Secondary signs may be located anywhere on the lot and on any building façade. No signs my project in space over a street or right-of-way line, any visibility triangle area, or onto another lot. 6). Height regulations. Primary signs and their supporting structure(s) shall not extend upward to an elevation higher than the roof line of the building which is served by the sign. 7). Lighting. Primary 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. Secondary signs shall not be illuminated. 8). Motion. No signs may include any device or means, mechanical, e lectrical, or natural, which shall cause any motion of the sign panel or any part thereof. No flashing lights or changing colors shall be allowed. 5. Storm Water Management a. Existing Watersheds. The area of watersheds after development shall remain the same as pre-development watersheds, or as directed by the Public Works Department of the City of Dubuque. b. Storm Water Conveyance. The developer of each lot shall be responsible for providing surface or subsurface conveyance(s) of storm water from the lot to existing storm sewers or to flow line of open drainageways outside the lot in a means that is satisfactory to the Public Works Department of the City of Dubuque. 6. Site Lighting a. Types. Exterior illumination of the site shall be limited to illumination of: 1). Parking areas, driveways, and loading docks. 2). Pedestrian walkway surfaces and entrances to building. 3). Screened storage areas. 4). Building exterior. b. Location and design. All exterior lighting shall be designed, installed, and maintained so as not to cause direct glare or to shine into adjacent lots and streets. No light source shall provide illumination onto adjacent lots, buildings, or streets in excess of 1.0-foot candle. All exterior lighting luminaries shall be designed and installed to shield light from the luminaire at angles above 72 degrees from vertical. Fixtures mounted on a building shall not be positions height than the roof line of the building. Post-mounted freestanding fixtures shall not be higher than thirty (30) feet above the ground. 7. Operations within enclosed buildings - All operations and activities shall be conducted or maintained within completely enclosed buildings except: a. Off-street parking and loading spaces. b. Employee recreational facilities. c. Outdoor or exterior storage. 8. Exterior Storage and Trash Collection Areas a. Allowable types of storage. Exterior storage is permitted only for raw and processed 22 goods, equipment and other materials related to the principal activity of the lot. The storage of trash and debris shall be limited to that produced by the principal permitted use of the lot. No outdoor storage of materials or trash which could be blown into the air or strewn about by the wind shall be permitted. b. Location and area coverage of exterior storage and trash collection. The location of exterior storage and trash collection areas is controlled by provisions of Chapter 13 of the Unified Development Code. The ground area coverage of exterior storage and trash collection areas shall be the area contained inside the required screening and this area shall be considered to be a building-related feature for purposes of calculating total land area coverages. c. Screening of exterior storage and trash collection areas. Al exterior storage and trash collection areas and the materials contained therein shall be visually screened from view. The screening shall be a completely opaque fence, wall or other feature not exceeding a height of ten (10) feet measured from the ground level outside the line of the screen. Screen structures built on sloping grades shall be stepped, so that their top line shall be horizontal. Exposed materials used to construct the opaque screen shall be similar in appearance to materials used for exterior building walls. Colors of the screen shall match those of the building. All exterior entrances to a screened storage or trash area shall be provided with a gate or door of similar design to that of the screen. Gates and doors facing a street frontage, or the Northwest Arterial shall be closed at all times other than when a vehicle or personnel are using the entrance for access to and from the screened area. If a ten (10) foot high screen fails to shield the exterior storage or trash collection area from view from points inside or outside of the property, evergreen plantings may be required. Evergreen plant materials shall be selected and designed so that they will eventually screen the area from all off-site visibility. In such cases, if initial planting are of six (6) foot height or great, the requirements of other opaque screening shall be omitted. F. 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 purchas er or lessee acknowledges awareness of the conditions authorizing the establishment of the district. G. Modifications - Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Chapter 9-5 of the Unified Development Code. H. Recording - A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approval within ten (10) days after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and his/her heirs, successors, and assigns. Section 3. The foregoing amendment has heretofore been reviewed by the Z oning Advisory Commission of the City of Dubuque, Iowa. Section 4. This Ordinance shall take effect upon publication as provided by law. Passed, approved, and adopted this 19th day of December, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Recommendation for Approval of an Amended Lease with the Dubuque Racing Association: Motion by Sprank to receive and file the documents and adopt Resolution No. 394 - 22 Disposing of an interest in real property owned by the City of Dubuque by lease between the City of Dubuque, Iowa, and Dubuque Racing Association, LTD. Seconded by Roussell. Alex 23 Dixon, President and CEO of the Dubuque Racing Association (DRA), made a presentation. City Council Members expressed support for the amended lease. Motion carried 7-0. RESOLUTION NO. 394-22 DISPOSING OF AN INTEREST IN REAL PROPERTY OWNED BY THE CITY OF DUBUQUE BY LEASE BETWEEN THE CITY OF DUBUQUE, IOWA, AND DUBUQUE RACING ASSOCIATION, LTD Whereas, the City of Dubuque, Iowa (City) is the owner of the real property legally described on Exhibit A and B attached hereto; and Whereas, City and Dubuque Racing Association, Ltd. have tentatively agreed to the First Amendment to the Second Amended and Restated Lease Agreement, a copy of which is now on file at the Office of the City Clerk, City Hall, 50 W. 13th St., Dubuque, IA 52001, for a lease of the real property which among other things, provides for a term through December 31, 2055; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to approve the First Amendment to the Second Amended and Restated Lease Agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque disposes of its interest in the foregoing described real property by the First Amendment to the Second Amended and Restated Lease Agreement between City and Dubuque Racing Association. Section 2. That the Mayor is hereby authorized and directed to execute the First Amendment to the Second Amended and Restated Lease Agreement on behalf of the C ity 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 First Amendment to the Second Amended and Restated lease Agreement as herein approved. Passed, approved, and adopted this 19th day of December, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 4. Public Hearing and Approval of Plaza Drive Urban Revitalization Plan: 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 Wethal. Motion carried 7-0. Motion by Roussell for final consideration and passage of Ordinance No. 45 -22 Amending City of Dubuque Code of Ordinances Title 3, Revenue and Taxation, Chapter 2 Revitalization Areas, by adopting a new Section 9 Plaza Drive, establishing the Plaza Dri ve Urban Revitalization Area, and establishing requirements for qualifying property owners. Seconded by Wethal. Motion carried 7-0. ORDINANCE NO. 45-22 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 3, REVENUE AND TAXATION, CHAPTER 2 REVITALIZATION AREAS, BY ADOPTING A NEW SECTION 9 PLAZA DRIVE, ESTABLISHING THE PLAZA DRIVE URBAN REVITALIZATION AREA, AND ESTABLISHING REQUIREMENTS FOR QUALIFYING PROPERTY OWNERS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordinances Title 3, Chapter 2 is hereby amended by 24 adding the following: 3-2-8: Plaza Drive - The area hereinafter described is hereby designated as the Plaza Drive Urban Revitalization Area in accordance with the code of Iowa: Lot 1 of Asbury Plaza No. 21 in the County of Dubuque, Iowa, City of Dubuque, Iowa, according to the recorded plat thereof. Section 2. The Plaza Drive Urban Revitalization Plan as attached to this ordinance is hereby adopted and approved and the properties within said described area shall be subject to the provisions of said plan. Section 3. That the Plaza Drive Urban Revitalization Plan shall hereafter be on file in the city clerk’s office, City Hall, Dubuque, Iowa. Section 4. That the City Clerk is hereby authorized and directed to publish this Ordinance on or after December 19, 2022, provided that the City Clerk prior to that date has received no valid petition requesting a second public hearing, and in the event such petition has been received, then this Ordinance shall be null and void. Passed, approved, and adopted this 19th day of December 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk PUBLIC INPUT Dave Overby, 13078 Swiss Valley Rd., provided a handout on a feder al notice of funding opportunity for an intercity passenger rail program and requested the City Council consider the opportunity. City Clerk Breitfelder announced receipt of written input regarding Action Item No. 1 from Joel Pusateri and T. Huson, 1165 Bluff St. ACTION ITEMS 1. Five Flags Improvement Project: Motion by Jones to receive and file the documents and adopt Resolution No. 394-22A Authorizing initiation of Five Flags Improvement Project through the capital improvement budget process. Seconded by Roussell. City Council Members expressed support for the project and thanked city staff and the Civic Center Advisory Commission for their work. Motion carried 7-0. RESOLUTION NO. 394-22A AUTHORIZING INITIATION OF FIVE FLAGS IMPROVEMENT PROJECT THROUGH THE CAPITAL IMPROVEMENT BUDGET PROCESS Whereas, the City of Dubuque has spent over four (4) years studying options and gathering public input on the Five Flags Civic Center and the Historic Five Flags Theatre; and Whereas, the City Council has opted to implement a project of approximately $24 million dollars in improvements to the Five Flags Civic Center and the Historic Five Flags Theatre to be funded by Downtown Urban Renewal debt budgeted through the capital improvement budget process; and Whereas, the City Council intends the project to be designed and constructed in a way that would allow for a possible future project creating an indoor/outdoor venue on the north side of the Five Flags Civic Center arena; and Whereas, the City Council understands creation of an indoor/outdoor venue would require additional budgeted funds in the future; and Whereas, the specific capital improvement projects to be implemented at the Five Flags Civic Center and the Historic Five Flags Theatre shall be determined in consultation with the Civic 25 Center Advisory Commission, architects, engineers, the city’s management ser vices firm ASM Global, and city staff following approval of the city’s 5- year Capital Improvement Program in March 2023 and presented to the City Council for approval. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City staff shall present a 5-year capital improvement budget including approximately $24 million dollars towards improvements at the Five Flags Civic Center and Historic Five Flags Theatre. Section 2. Following adoption of the 5-year capital improvement budget city staff shall work with the Civic Center Advisory Commission, ASM Global, architects, and engineers to make specific recommendations to the City Council for improvements to be included in the project. Passed and approved this 19th day of December, 2022 Mayor Brad M. Cavanagh Attest: Adrienne N. Breitfelder, City Clerk 2. Dubuque’s Cultural & Entertainment District Presentation: Motion by Roussell to receive and file the documents and view the presentation. Seconded by Jones. Economic Development Director Jill Connors; Arts & Cultural Affairs Manager Jenni Petersen -Brant; Planning Services Manager Wally Wernimont; Jon Berg, Arts in Community Development Program Manager at the Iowa Department of Cultural Affairs; and Danielle Jacobs, Executive Dir ector at Dubuque Main Street, made a presentation on Dubuque’s Cultural and Entertainment District, its history, benefits, and the future. Responding to a question from the City Council, Ms. Peterson -Brant and Mr. Wernimont stated that while it is unclear how local arts and culture assets are using the cultural & entertainment district designation, the designation can help organizations bolster their grant applications. Motion carried 7-0. 3. City of Dubuque Programs that Support Historic Preservation Efforts: Motion by Jones to receive and file the documents and view the presentation. Seconded by Resnick. Economic Development Director Jill Connors, Planning Services Manager Wally Wernimont, and Housing and Community Development Director Alexis Steger made a presentation on the decades of support a variety of City department programs have provided to ensure the preservation of our downtown’s historic building stock. City Council Members thanked the Historic Preservation Commission for their involvement in Dubuque’s preservation efforts. Motion carried 7-0. 4. Smart Parking Mobility Update and Commuter Shuttle Update: Motion by Jones to receive and file the documents and view the presentation. Seconded by Sprank. Director of Transportation Services Ryan Knuckey made a presentation on the Smart Parking & Mobility Management Plan and Implementation Project and a Commuter Shuttle update to inform City Council of the addition of the route and potential opportunity for ridership. Responding to questions from the City Council, Mr. Knuckey stated that the department is engaging a large number of stakeholders on the plan and that discussions are occurring on e -scooters and electric vehicle (EV) charging stations. Mr. Knuckey stated the department will evaluate the number of riders on each commuter shuttle for feedback on the routes. Motion carried 7-0. 5. Local Housing Trust Fund Grant Award Acceptance: Motion by Roussell to receive and file the documents and adopt Resolution No. 395-22 Accepting Local Housing Trust Fund Allocation from Iowa Finance Authority for Fiscal Year 2023. Seconded by Jones. Responding to a question from the City Council, Housing and Community Development Director Alexis Steger stated that this year’s award is an increase compared to previous years. Motion carried 7-0. 26 RESOLUTION NO. 395-22 ACCEPTING LOCAL HOUSING TRUST FUND ALLOCATION FROM IOWA FINANCE AUTHORITY FOR FISCAL YEAR 2023 Whereas, the Iowa Finance Authority has recognized Dubuque’s Housing Trust Fund Advisory Committee as a certified Local Housing Trust Fund; and Whereas, IFA has made funding available in statewide competition to local trust funds for State Housing Trust Fund grants, in amounts based on population size; and Whereas, a 21% local match is required for receipt of a funding award; and Whereas, the Housing Trust Fund Committee has applied to IFA for a Housing Trust Fund award, in the amount of $229,974 with match funds from GDTIF in the amount of $48,295 for a total commitment of $278,269; and Whereas, the application has been approved and funded through IFA and while a formal grant agreement is forthcoming, the City of Dubuque may expend funds after acceptance of the award. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby accepts the award of FY2023 IFA Local Housing Trust Fund resources in the amount of $229,2974. Section 2. That the City Manager or City Manager’s Designee is hereby authorized to execute documents related to this award and ensure compliance with applicable laws and regulations. Section 3. That the Housing Trust Fund Advisory Committee, in accordance with Sec. 2 -5D- 7 of the Code of Ordinances, shall have final authority to direct how such funds shall be used in support of revitalization activities in the Washington Neighborhood. Passed, approved, and adopted this 19th day of December 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Solar Renewable Energy Credit (SREC) Agreements: Motion by Sprank to receive and file the Solar Renewable Energy Credit (SREC) Agreements with Chris Berntgen, Rebecca Hoist, Bob McCurdy, Thomas Unsen, and Joan Wehrspann. Seconded by Jones. City Council Members expressed support for the program and hoped it can expand. Motion carried 7-0. 7. Code of Ordinance Amendments on Appointments to the Board of Library Trustees and Civil Service Commission: Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Wethal. City Clerk Breitfelder clarified that Civil Service Commission appointments will be conducted by the Mayor with a vote by the City Council based on state code requirements. Motion carried 7 - 0. Motion by Jones for final consideration and passage of Ordinance No. 46 -22 Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 7 Board of Libr ary Trustees, Section 2-7-5 Membership and Ordinance No. 47-22 Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 2 Civil Service Commission, Section 2-2-5 Membership. Seconded by Wethal. Motion carried 7-0. ORDINANCE NO. 46-22 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND COMMISSIONS, CHAPTER 7 BOARD OF LIBRARY TRUSTEES, SECTION 2 -7-5 MEMBERSHIP NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 27 DUBUQUE, IOWA: Section 1. Section 2-7-5 of the City of Dubuque Code of Ordinances is amended to read as follows: 2-7-5: MEMBERSHIP: A. The board comprises seven (7) residents of the city, appointed by city council. B. Residents must be eighteen (18) years of age or older. C. Membership on the board must comply with the provisions of Iowa Code section 69.16A, relating to gender balance. No person can be appointed or reappointed to the board if that appointment or reappointment would cause the number of members of one gender to be greater than one-half (1/2) of the membership of the board plus one. If the city has made a good faith effort to appoint a qualified person to fill a vacancy on the board for a period of three (3) months but has been unable to make a compliant appointment, the city must utilize a fair and unbiased method of selecting the best qualified applicants. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 19th day of December, 2022. Brad Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk ORDINANCE NO. 47-22 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND COMMISSIONS, CHAPTER 2 CIVIL SERVICE COMMISSION, SECTION 2-2-5 MEMBERSHIP NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 2-2-5 of the City of Dubuque Code of Ordinances is amended to read as follows: 2-2-5: MEMBERSHIP: A. Composition: The commission comprises three (3) residents of the city, appointed by the city council. B. Age: Residents must be eighteen (18) years of age or older. C. Special Qualifications: 1. Commissioners must be citizens of Iowa, eligible electors as defined in the Iowa Code, and may not hold or be a candidate for any office of public trust. 2. The human rights director shall, ex officio, be a member, without vote. 3. Commissioners may not do any of the following: a. Sell, or in any manner become parties, directly or indirectly, to any contract to furnish supplies, material, or labor to the city unless the sale is made or the co ntract is awarded by competitive bid in writing, publicly invited and opened. b. Have an interest, direct or indirect, in any contract or job of work or material or the profits thereof or services to be furnished or performed for the city unless the contract or job is awarded by competitive bid in writing, publicly invited and opened. D. Gender Balance: Membership on the commission must comply with the provisions of Iowa Code section 69.16A, relating to gender balance. No person may be appointed or reappointed to the commission if that appointment or reappointment would cause the number of members of one gender to be greater than one-half (1/2) of the membership of the commission plus one. If the city has made a good faith effort to appoint a qualified person to fill a vacancy on the commission for a period of three (3) months but has been unable to make a compliant appointment, the city must utilize a fair and unbiased method of selecting the best qualified applicants. 28 Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 19th day of December, 2022. Brad Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 8. Upper Bee Branch Creek Restoration Railroad Sanitary Interceptor Crossing Project (part of Phase IV of the Bee Branch Watershed Flood Mitigation Project): Motion by Sprank to receive and file the documents and adopt Resolution No. 396 -22 Awarding the Public Improvement Contract for the Upper Bee Branch Creek Restoration Railroad Sanitary Interceptor Crossing Project. Seconded by Resnick. Motion carried 7-0. RESOLUTION NO. 396-22 AWARDING THE PUBLIC IMPROVEMENT CONTRACT FOR THE UPPER BEE BRANCH CREEK RESTORATION RAILROAD SANITARY INTERCEPTOR CROSSING PROJECT Whereas, sealed proposals have been submitted by contractors for the Upper Bee Branch Creek Restoration Railroad Sanitary Interceptor Crossing Project (the Project) pursuant to Resolution No. 352-22 and Notice to Bidders published on the City of Dubuque, Iowa website and plan room service with statewide circulation on the 8th day of November 2022; and Whereas, said sealed proposals were opened and read on the 13th day of December 2022 and it has been determined that Engineering & Construction Innovations, Inc of Oakdale, Minnesota, with a low bid in the amount of $3,265,620.00 is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That a Public Improvement Contract for the Project is hereby awarded to Engineering & Construction Innovations and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, approved, and adopted this 19th day of December, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 9. Temporary Staff Wage Increase Recommendations - Leisure Services: Motion by Roussell to receive and file the documents. Seconded by Wethal. Responding to a question from the City Council, City Attorney Brumwell and Leisure Services Manager Marie Ware stated that the term “seasonal” employee is often used in place of “temporary” employee, but that temporary employee is the proper term and that the wage increase is for temporary employees. Motion carried 7-0. 10. Fire Department Reorganization/Memorandum of Understanding : Motion by Jones to receive and file the documents and approve the Memorandum of Understanding with the Dubuque Association of Professional Fire Fighters, Local #353 and an organizational structure realignment related to the city ambulance service. Seconded by Roussell. Res ponding to a question from the City Council, Fire Chief Amy Scheller summarized the supervision changes resulting from the structure realignment. Motion carried 7-0. 11. Coordinated Entry & Community Solutions of Eastern Iowa (CSEI) Street Outreach : Motion by Roussell to receive and file the documents and listen to the presentation. Seconded by Sprank. Housing & Community Development Director Alexis Steger made a presentation on city staff's work on the issue of unhoused in Dubuque and displayed the U.S. Department of Housing and Urban Development’s 2022 Annual Homelessness Assessment Report (AHAR) to 29 Congress. Responding to questions from the City Council, Ms. Steger summarized the limitations of palate shelters and stated that while the number of unhoused has remained stable, the number of encampments has increased due to movement. Motion carried 7-0. 12. Work Session Request: Black Heritage Survey: Motion by Jones to receive and file the documents and schedule the work session for Tuesday, January 3, 2023, at 5:30 pm. Seconded by Sprank. No schedule conflicts were expressed. Motion carried 7-0. 13. Work Session Request: Federal and State Grant Update: Motion by Resnick to receive and file the documents and schedule the work session for Tuesday, January 17, 2023, at 5:30 p.m. Seconded by Jones. No schedule conflicts were expressed. Motion carried 7-0. 14. Work Session Request: Travel Dubuque Annual Presentation: Motion by Roussell to receive and file the documents and schedule the work session for Monday, February 20, 2023, at 6:00 p.m. Seconded by Resnick. Council Member Jones stated that he will be out of town. Motion carried 7-0. 15. Public Works Snowplow Operator Training Video: Motion by Resnick to receive and file the documents and view the video. Seconded by Sprank. Media Services displayed a video of the Public Works Department's Snowplow Operator trainings. The video can be viewed at the following link: https://youtu.be/lgEU7-Vsmbw. Motion carried 6-0 as Renick stepped away momentarily. 16. Dubuque Ice Arena Improvements Project Video: Motion by Roussell to receive and file the documents and view the video. Seconded by Sprank. Media Services displayed a video on the recent improvements completed at the Dubuque Ice Arena. The video can be viewed at the following link: https://youtu.be/0iwZRAhoRyE. Motion carried 7 -0. COUNCIL MEMBER REPORTS Council Member Roussell reported on attending a National League of Cities (NLC) webinar on civility. Council Member Jones reported that Public Hearing No. 1 demonstrated civility by all participants. Council Member Wethal reported that this season is a great time to enjoy the arts. Mayor Cavanagh thanked everyone for a great year. The scheduled closed session was cancelled. There being no further business, Mayor Cavanagh declared the meeting adjourned at 10:09 p.m. /s/Adrienne N. Breitfelder, City Clerk