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06 20 23 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on June 20, 2023, in the sec- ond -floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Cavanagh; Council Members Farber, Jones, Resnick (arrived at 5:31 p.m.), Roussell, Sprank, Wethal; City Manager Van Milligen, City Attorney Brumwell. Mayor Cavanagh read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on speed study data. WORK SESSION Speed Study Data Related to Automated Speed Enforcement Recommendations Police Chief Jeremy Jensen made introductory remarks followed by a presentation from In- ternational City/County Management Association (ICMA) Fellow Abhishek Rai, Traffic Engineer Justine Hull, and City Engineer Gus Psihoyos on speed study data related to automated speed enforcement. Responding to a question from the City Council, Mr. Psihoyos stated that the En- gineering Department did not collect data on the number of accidents that occurred on the days they tracked speed, but they could obtain that information. In response to additional questions, Mr. Psihoyos summarized how traffic engineers determine speed limits and the department's previous involvement with speed shields. Responding to a question from the City Council, Mr. Rai stated that data presented on speed -related accidents comes from the Fatality Analysis Reporting System (FARS). Responding to questions from the City Council, Chief Jensen stated that radar speed signs do not offer an enforcement capability and that data presented on dis- tracted drivers comes from the Department of Transportation (DOT). City Council Members con- cluded that additional information was needed before taking action on automated speed en- forcement cameras. It was determined that crash data was needed for the days that speed was tracked by the Engineering Department for this presentation, the results from speed cameras in Cedar Rapids and Waterloo, and how revenue collected from enforcing speed cameras would be utilized. City Manager Van Milligen confirmed that city staff can obtain that information. Staff will include the information on a city council agenda once it has been compiled. There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:31 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:33 p.m. on June 20, 2023, in the sec- ond -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. PLEDGE OF ALLEGIANCE PROCLAMATION(S) 1. Apples for Students Months (June and July 2023) was accepted by Beth McGorry on behalf of St. Mark Youth Enrichment. 2. Summer Learning Week (July 9 - 15, 2023) was accepted by Beth McGorry on behalf of St. Mark Youth Enrichment. 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 5/31/23 and 6/5/23; Historic Preservation Commission of 5/18/23-1 Library Board of Trustees of 5/25/23; Resilient Community Advisory Commission of 6/8/23; Zoning Advisory Commission of 6/7/23; Zoning Board of Ad- justment of 5/25/23. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Kyle Cross for personal injury/property damage; David Hawkins for property damage; Mary Koppes for property damage; Robert Lynn for property damage; Alexis Lyons for property damage. Upon motion the documents were received, filed, and re- ferred 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: Kyle Cross for personal injury/property damage; Mary Koppes for property damage; Robert Lynn for personal injury; Alexis Lyons for property 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. 187-23 Authorizing the Chief Financial Officer/City Treasurer to make certain payments of bills that must be paid and approved for payment in accordance with City proce- dures was adopted. RESOLUTION NO. 187-23 AUTHORIZING THE CHIEF FINANCIAL OFFICER / CITY TREASURER TO MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT IN AC- CORDANCE 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 Chief Financial Officer -City Treasurer has provided a list of Expenditures at- tached 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 Chief Financial Officer -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 DUBU- QUE, IOWA THAT: Section 1. The Chief Financial Officer -City Treasurer is hereby authorized to issue payment for goods and services provided for City purposes in response to the purchase orders and con- tracts issued in compliance with state and municipal code requirements as requested by desig- nated requisitioning authorities in accordance with approved budget appropriations. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Chief Finan- cial Officer are hereby authorized and directed to provide the statement of receipts and dis- bursements to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 20th day of June, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Resolution Approving Fund Transfers for Capital Projects and Other Expense Reimburse- ments in Fiscal Year 2023 — Period 12: Upon motion the documents were received and filed, and Resolution No. 188-23 Authorizing the Chief Financial Officer to make the appropriate in- terfund transfers of sums and record the same in the appropriate manner for the FY 2023 for the City of Dubuque, Iowa was adopted. RESOLUTION NO. 188-23 AUTHORIZING THE CHIEF FINANCIAL OFFICER TO MAKE THE APPROPRIATE INTER - FUND TRANSFERS OF SUMS AND RECORD THE SAME IN THE APPROPRIATE MANNER FOR THE FY 2023 FOR THE CITY OF DUBUQUE, IOWA Whereas, Iowa Administrative Rules Code Section 545-2.5(5) implements Iowa Code Section 384.18 and provides that the City Council shall approve all transfers of moneys from one budg- eted fund to another budgeted fund as provided in Iowa Administrative Rules Code Section 545- 2.5(5). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. Authorize the Chief Financial Officer to Transfer Funds. That the Chief Financial Officer be and is hereby authorized by the City Council to make the appropriate interfund trans- fer of sums and record the same in the appropriate manner for FY 2023. Section 2. Transfer of Funds. That the Chief Financial Officer will transfer the following sums and to record the same in the appropriate manner: 1. Transfer from General Fund to the Section 8 Fund $172,382.00 for the deficit related to HUD administrative funding. 2. Transfer from the General Fund to the DRA Distribution Fund $1,266,922.00 for budg- eted capital projects. 3. Transfer from General Fund to Transit Fund $1,706,685.00 for the Transit Levy and reimbursement of the downtown shuttle. 4. Transfer from the Tort Liability Fund to the General Fund $510,819.06 for the cost of liability insurance. 5. Transfer from the Trust & Agency Fund to the General Fund $2,326,864.60 for the cost of employee benefits. 6. Transfer from the Dubuque Industrial Center Tax Increment Financing Fund to the Gen- eral Fund $326,993.71 for the reimbursement of Tax Increment Financing eligible ex- penses. 7. Transfer from the Greater Downtown Tax Increment Financing Fund to the General Fund $140,217.18 for the reimbursement of Tax Increment Financing eligible expenses. 8. Transfer from Dubuque Industrial Center TIF fund to the General Construction Fund $371,500.00 for Tax Increment financing eligible construction projects. 9. Transfer from Greater Downtown TIF Fund to Parking Operations Fund $280,000.00 for debt service on downtown ramps. 10. Transfer from Greater Downtown TIF Fund to Housing Trust Fund $51,705.00 for re- imbursement of Tax Increment Financing eligible construction projects. 11. Transfer from Sanitary Sewer Operating Fund to General Fund $1,837,117.00 for re- charge of administrative overhead. 12. Transfer from Sanitary Sewer Operating Fund to Sanitary Sewer Capital Fund $1,943,179.00 for capital construction. 13. Transfer from Stormwater Operating Fund to General Fund $659,648.00 for recharge of administrative overhead. 14. Transfer from Stormwater Operating Fund to Stormwater Construction Fund $400,000.00 for capital construction. 15. Transfer from Parking Operating Fund to General Fund $223,618.00 for recharge of administrative overhead. 16. Transfer from Water Operating Fund to General Fund $595,651.00 for recharge of administrative overhead. 17. Transfer from Water Operating Fund to Water Construction Fund $1,000,000.00 for capital construction. 18. Transfer from Refuse Fund to General Fund $1,305,346.00 for recharge of adminis- trative overhead. 19. Transfer from Landfill Fund to General Fund $477,980.00 for recharge of administrative overhead. 20. Transfer from General Fund to the Debt Service Fund $191,104.50 for annual debt service payments. 21. Transfer from Dubuque Industrial Center Tax Increment Financing Fund to the Debt Service Fund $651,136.56 for annual debt service payments. 22. Transfer from Greater Downtown Tax Increment Financing Fund to the Debt Service Fund $2,233,674.70 for annual debt service payments. 23. Transfer from Road Use Tax Special Revenue Fund to the Debt Service Fund $65,475.00 for annual debt service payments. 24. Transfer from Street Construction Fund to the Debt Service Fund $234,138.06 for an- nual debt service payments. 25. Transfer from Sales Tax Increment Special Revenue Fund to the Debt Service Fund $4,675,826.79 for annual debt service payments. 26. Transfer from Sales Tax Construction Fund to the Debt Service Fund $605,862.35 for annual debt service payments. 27. Transfer from Passenger Facility Fund to the Debt Service Fund $181,053.72 for an- nual debt service payments. 28. Transfer from DRA Distribution Fund to the Stormwater Operating Fund $151,133.75. for stormwater subsidies related to tax exempt entities, farms, and half rate for income qualified. 29. Transfer from Sales Tax Construction Fund to the Stormwater Operating Fund $255,390.00 for stormwater subsidies related to tax exempt entities, farms, and half rate for income qualified. 30. Transfer from the General Fund to the Refuse Fund $39,491.54 for reimbursement of 50% rate reduction. 31. Transfer from the General Fund to the Sanitary Sewer Operating Fund $31,007.89 for reimbursement of 50% rate reduction. 32. Transfer from the General Fund to the Water Operating Fund $21,686.83 for reim- bursement of 50% rate reduction. 33. Transfer from the Greater Downtown Tax Increment Financing Fund to the Parking Operating Fund $2,069,332.99. for the reimbursement of Tax Increment Financing eli- gible debt service expenses. 34. Transfer from the Greater Downtown Tax Increment Financing Fund to the Transit Enterprise Fund $281,608.52 for the reimbursement of Tax Increment Financing eligible debt service expenses. 35. Transfer from the Sales Tax Special Revenue Fund to the Transit Enterprise Fund $69,903.00 for the reimbursement of debt service expenses. 36. Transfer from the Greater Downtown Tax Increment Financing Fund to the Downtown Loan Pool Fund $200,000.00 for the reimbursement of Tax Increment Financing eligible expenses. 37. Transfer from the General Fund to the Refuse Operating Fund $95,339.00 for the re- imbursement of tipper cart expenses. Passed, approved, and adopted this 20th day of June 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Contracted Services Agreements Fiscal Year 2024 for Community Foundation of Greater Dubuque Programs: City Attorney recommended City Council approval of the attached Con- tracted Services Agreements with the Community Foundation of Greater Dubuque for Inclusive Dubuque and Project HOPE and authorizes the Mayor to execute the contracts on behalf of the City. Upon motion the documents were received, filed, and approved. 7. Temporary Agreement Between the City of Dubuque and ITC Midwest, LLC to Operate an Electric Transmission System in the City of Dubuque: Upon motion the documents were re- ceived and filed, and Resolution No. 189-23 Approving an Agreement between the City of Dubu- que and ITC Midwest, LLC to operate an electric transmission system in the City of Dubuque was adopted. RESOLUTION NO. 189-23 APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE AND ITC MIDWEST, LLC TO OPERATE AN ELECTRIC TRANSMISSION SYSTEM IN THE CITY OF DUBUQUE Whereas, the City of Dubuque, Iowa (City) and ITC Midwest, LLC (ITC Midwest) have tenta- tively entered into an Agreement for the operation of an electric transmission system in the City of Dubuque until such time as City and ITC Midwest finalize a franchise agreement to operate the system; and Whereas, the City Council finds that it is in the best interests of the City of Dubuque to ap- prove the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The attached Agreement is hereby approved. Section 2. The City Manager is authorized and directed to sign the Agreement on behalf of the City of Dubuque. Passed, approved, and adopted this 20th day of June, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 8. City of Dubuque Data and Cyber-Security Center: City Manager recommended City Coun- cil approve the Conflict Waiver Letter as attached by Ahlers & Cooney, P.C., Attorney Conner Wasson and authorize the Mayor to sign the consent form. Upon motion the documents were received, filed, and approved. 9. Signed Contract(s): Proposal for Classification and Compensation Study with Carlson Dett- mann Consulting; Proposal for the Police/Fire Classification and Compensation Study and Ben- efit/Total Rewards Survey with Carlson Dettmann Consulting; Professional Services Agreement with Carlson Dettmann Consulting for an assessment of the city's classification and compensa- tion program; Professional Services Agreement with Carlson Dettmann Consulting for market measurement for Fire and Police positions and Benefits/Total Rewards Survey; Vendor Service Agreement with Carlson Dettmann Consulting for Classification and Compensation Study; Ven- dor Service Agreement with Carlson Dettmann Consulting for Police/Fire Classification and Compensation Study and Benefit/Total Rewards Survey. Upon motion the documents were re- ceived and filed. 10. Second Amendment to Community Development Block Grant CARES Act (CDBG-CV) Subrecipient Agreement for Almost Home Rehabilitation: Upon motion the documents were re- ceived and filed, and Resolution No. 190-23 Authorizing the Second Amendment to the CDBG- CV Subrecipient Agreement with Almost Home at St. John's was adopted. 04*0I11j119101►ffl%LeIlb%3 AUTHORIZING THE SECOND AMENDMENT TO THE CDBG-CV SUBRECIPIENT AGREE- MENT WITH ALMOST HOME AT ST. JOHN'S Whereas, the City of Dubuque and Almost Home at St. John's entered into a CDBG-CV Sub - recipient Agreement dated October 17, 2022 with respect to rehab the shelter 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, the parties desire to modify the Subrecipient Agreement as set out in the Second Amendment to the Subrecipient Agreement attached hereto; and Whereas, Almost Home at St. John's will provide services to a majority low to moderate - income individuals and serve a group primarily presumed to be LMI such as homeless persons. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the Second Amendment to the Subrecipient Agreement 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 exe- cute said Agreement and related documents on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 20th day of June 2023. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 11. Final Plat of Steger Heights Plat 3: Upon motion the documents were received and filed, and Resolution No. 191-23 Approving the Final Plat of Steger Heights Plat 3, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 191 - 23 APPROVING THE FINAL PLAT OF STEGER HEIGHTS PLAT 3, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Steger Heights Plat 3 in the City of Dubuque, Iowa; and Whereas, said Final Plat has been examined by the Zoning Advisory Commission 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 OF DUBU- QUE, 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 on a public street or an approved private street for Lot 2 Steger Heights Plat 3. Section 2. That the Final Plat of Steger Heights Plat 3, in the City of Dubuque, 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 Final Plat. Passed, approved, and adopted this 20th day of June 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 12. Q Casino Project Progress Article: City Manager provided a copy of a Dubuque 365ink Magazine article about the Q Casino's project progress. Upon motion the documents were re- ceived and filed. 13. English Lane Sanitary and Storm Repair Project: Upon motion the documents were re- ceived and filed, and Resolution No. 192-23 Accepting the English Lane Sanitary and Storm Repair Project and authorizing the payment to the contractor was adopted. RESOLUTION NO. 192-23 ACCEPTING THE ENGLISH LANE SANITARY AND STORM REPAIR PROJECT AND AU- THORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the English Lane Sanitary and Storm Repair Project (the Project) has been completed by the Contractor, McDermott Excavating, (Contrac- tor), the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $58,436.26; and Whereas, the Contractor has previously been paid $55,514.45, leaving a balance of $2,921.81-1 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 $2,921.81 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 20th day of June 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 14. Acceptance 2023 Asphalt Overlay Curb Ramp Project 1: Upon motion the documents were received and filed, and Resolution No. 193-23 Accepting the 2023 Asphalt Overlay Curb Ramp Project 1 and authorizing the payment to the contractor was adopted. RESOLUTION NO. 193-23 ACCEPTING THE 2023 ASPHALT OVERLAY CURB RAMP PROJECT 1 AND AUTHORIZ- ING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the 2023 Asphalt Overlay Curb Ramp Project 1 (the Project) has been completed by the Contractor, BCD Contractors, (Contractor), the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $150,009.10; and Whereas, the Contractor has previously been paid $142,508.65, leaving a balance of $7,500.45; 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 $7,500.45 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 20th day of June 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 15. Acceptance 2023 Asphalt Overlay Curb Ramp Project 2: Upon motion the documents were received and filed, and Resolution No. 194-23 Accepting the 2023 Asphalt Overlay Curb Ramp Project 2 and authorizing the payment to the contractor was adopted. RESOLUTION NO. 194-23 ACCEPTING THE 2023 ASPHALT OVERLAY CURB RAMP PROJECT 2 AND AUTHORIZ- ING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the 2023 Asphalt Overlay Curb Ramp Project 2 (the Project) has been completed by the Contractor, Midwest Concrete, Inc., (Contractor), the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $103,316.73; and Whereas, the Contractor has previously been paid $98,150.89, leaving a balance of $5,165.84; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved, and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $5,165.84 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 20th day of June 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 16. Acceptance of Quit Claim Deed from James B. Gansen and Mary L. Gansen, and Robert J. Flanagan and Tina M. Flanagan: Upon motion the documents were received and filed, and Resolution No. 195-23 Accepting Quit Claim Deeds from James B. Gansen and Mary L. Gan- sen, and Robert J. Flanagan and Tina M. Flanagan, for certain easements across Part of Lot 1 of JQ Acres, Dubuque County, Iowa was adopted. RESOLUTION NO. 195 - 23 ACCEPTING QUIT CLAIM DEEDS FROM JAMES B. GANSEN AND MARY L. GANSEN, AND ROBERT J. FLANAGAN AND TINA M. FLANAGAN, FOR CERTAIN EASEMENTS ACROSS PART OF LOT 1 OF JQ ACRES, DUBUQUE COUNTY, IOWA Whereas, James B. Gansen and Mary L. Gansen are the owners of the property legally de- scribed as: Lot 2 JQ Acres No. 3, Dubuque County, Iowa, according to the recorded plat thereof; and Whereas, Robert J. Flanagan and Tina M. Flanagan (Gansen) are the owners of the property legally described as: Lot 1 JQ Acres No. 3, Dubuque County, Iowa, according to the recorded plat thereof; and Whereas, Lot 1 and Lot 2 of JQ Acres No. 3 have access to the public road and right of way of Bellevue Heights Road over the City Property legally described as Lot 1 of JQ Acres, Dubu- que, County Iowa, via an existing 66' wide access easement as shown on the final plat of JQ Acres filed as instrument number 2011-00007351 in the Office of the Dubuque County Re- corder; and Whereas, James B. Gansen and Mary L. Gansen, and to Robert J. Flanagan and Tina M. Flanagan, and the City of Dubuque have agreed to relocate the existing access easement to a mutually beneficial location; and Whereas, James B. Gansen and Mary L. Gansen, and to Robert J. Flanagan and Tina M. Flanagan have executed the attached Quit Claim Deeds releasing their interest in the said 66' wide access easement as shown on the final plat of JQ Acres filed as instrument number 2011- 00007351 in the Office of the Dubuque County Recorder. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts, and consents to the Quit Claim Deeds from James B. Gansen and Mary L. Gansen, and to Robert J. Flanagan and Tina M. Flanagan, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The City Clerk is hereby authorized to and directed to record this resolution and the Deeds with the Dubuque County Recorder. Passed, approved, and adopted this 20th day of June, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 17. Five Flags Pyrotechnics Permit: City Manager reco ed City C I approval of a Pyrotechnic Permit as submitted by the Five Flags Center for a pyrotechnics display at music performance on July 1, 2023. Upon motion the documents were received, filed, and approved. 18. Certified List - Police Officer: Civil Service Commission submitted the certified list for the position of Police Officer. Upon motion the documents were received, filed, and made a matter of record. June 14, 2023 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Police Officer was administered on May 6, 2023. We, The Civil Service Commission, hereby certify that the individuals listed in the attached spreadsheet have passed the written examination ad- ministered on either March 11, 2023, or May 6, 2023, are using a valid transfer score, or are currently certified as an Iowa Law Enforcement Officer and any vacancies for the position of Police Officer should be filled from this list and that this list is good through March 12, 2024. Police Officer 1. Dustin Allen, 2. Noah Altman, 3. Ser Jon Bennett, 4. Dustin Brant, 5. Nathan Goodson -Gregg, 6. Ashley Hahnbaum — Certified, 7. Sophia Hammond, 8. Brandon Hoey, 9. Marcus Leitzen, 10. Noah Perry — Transfer Score, 11. Kenneth Schrader, 12. Josh Vauthier — Transfer Score Respectfully Submitted, /s/Danial White Civil Service Commissioner 19. Settlement Agreement, Beecher Store, Inc.: City Manager recommended City Council approval of a Tobacco Compliance Settlement Agreement with Beecher Store, Inc, 1691 Asbury Road. Upon motion the documents were received, filed, and approved. 20. Settlement Agreement, EZ Stop 1: City Manager recommended City Council approval of a Tobacco Compliance Settlement Agreement with EZ Stop 1, 1101 Rhomberg Avenue. Upon motion the documents were received, filed, and approved. 21. Settlement Agreement, Kwik Stop #300: City Manager recommended City Council ap- proval of the Tobacco Compliance Settlement Agreement with Kwik Stop #300, 1215 East 16th Street. Upon motion the documents were received, filed, and approved. 22. Settlement Agreement, Pioneers Rest Stop: City Manager recommended City Council approval of the Tobacco Compliance Settlement Agreement with Pioneer's Rest Stop, 4900 Old Highway Road. Upon motion the documents were received, filed, and approved. 23. Approval of Retail Alcohol Licenses and Tobacco, Alternative Nicotine, and Vapor Prod- uct Permit Applications: Upon motion the documents were received and filed, and Resolution No. 196-23 Approving applications for retail alcohol licenses, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits; and Resolution No. 197-23 Approving applica- tions for retail permits to sell Tobacco, Tobacco Products, Alternative Nicotine Products, and Vapor Products, as required by Iowa Code §453A.47A were adopted. RESOLUTION NO. 196-23 APPROVING APPLICATIONS FOR RETAIL ALCOHOL LICENSES, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULA- TIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQUOR, BEER AND WINE LI- CENSES AND PERMITS Whereas, applications for retail alcohol licenses have been submitted and filed with the City Council for approval, and the same have been examined, provisionally approved, and/or ap- proved; 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 at the noted premise address to the following applicants pending submission of the locally required docu- mentation: Renewals 1st & Main 101 Main St. #113 7 Hills Brewing Co LLC g 1085 Washington St. and 1098 Jackson St. 9 Adobo's Mexican Grill 756 Main St. ........... Applebee's Neighborhood Grill And Bar . ........................................................................................................................................................................................................................................................ 1395 Associates Dr. ..........: Diamond Jo Casino ........................................,. .........................................................................................................................................................................................................................................................: 301 Bell St. ....., Fischer Lanes ..........,. 880 Locust. St. ........, Fox Den Motel :..........................................................................................................................................................................................................................................:.........................................................................................................................................................................................................................................................: 920 Main St. House Of China Co ..........:. 170 John F Kennedy Rd. ................................................ ........: Jubeck New World Brewing LLC ............ 115 West 11th St.. .......................................... ........, Oolong Asia Cuisine .......... 145 West 11th St. Paul's Tavern ...........................................................................................................................................................................................................................................:.......................................................................................................................................................................................................................................................... ,......................................................................................................................................................................................................................................................... , 176 Locust St. The Lift ..................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 180 Main St. Vinny Vanucchis Little Italy ..... 164 Main St ............................................................................................................................................... .... Walnut Tap Tavern 7 09 University Ave. Passed, approved, and adopted this 20th day of June 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 197-23 APPROVING APPLICATIONS FOR RETAIL PERMITS TO SELL TOBACCO, TOBACCO PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS, AND VAPOR PRODUCTS, AS RE- QUIRED BY IOWA CODE §453A.47A Whereas, applications for retail permits to sell tobacco, tobacco products, alternative nicotine products, vapor products, or a combination of these products have been submitted and filed with the City Clerk; and Whereas, the applicants have filed the proper application and fees as required by Iowa Code §453A.47A; and Whereas, the Iowa Department of Revenue requires all applications be approved by the City Council; and Whereas, all retail permits to sell tobacco, tobacco products, alternative nicotine products, and vapor products shall expire on June 30 of each year, as established in Iowa Code §453A.47A(7). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the following named applicants and locations for retail permits to sell one or more of the following as specified on the retail permit applications: tobacco, tobacco products, alternative nicotine products, and vapor products. Effective from: Julv 1, 2023 to June 30, 2024 Passed, approved, and adopted this 20th day of June 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk BOARDS/COMMISSIONS Appointments were made to the following boards/commissions. 1. Board of Library Trustees: Two, 4-Year terms through July 1, 2027 (Expiring terms of Lieberman and Mullin). Applicants: Victor Lieberman, 1575 Montrose Ter.; Pam Mullin, 2050 Mullin Rd. This commission is subject to the State of Iowa Gender Balance Law, §69.16A. 7 Commissioners total; currently 3 males/2 females/ 2 openings. City Council confirmed that ap- pointments to the Board of Library Trustees were no longer mayoral appointments based on a previous ordinance amendment. Motion by Roussell to appoint Mr. Lieberman and Ms. Mullin to the four-year terms through July 1, 2027. Seconded by Sprank. Motion carried 7-0. 2. Cable Television Commission: Two, 3-Year terms through July 1, 2026 (Expiring terms of Maloney and Tigges). Applicants: Pauline Maloney, 506 Saint George St.; Ronald Tigges, 4927 Wild Flower Dr. Motion by Jones to appoint Mr. Maloney and Mr. Tigges to the three-year terms through July 1, 2026. Seconded by Wethal. Motion carried 7-0. 3. Historic Preservation Commission: Two, 3-Year terms through July 1, 2026 (Expiring Lang - worthy District term of Dement, and Licensed Architect term of Monk). Applicants: Thea Dement, 375 Alpine St (Qualifies as Living within the Langworthy District); Christina Monk, 2770 Van Buren St. (Qualifies as a Licensed Architect). This commission is subject to the State of Iowa Gender Balance Law, §69.16A. 9 Commissioners total; currently 4 males/2 females/ 3 openings. Motion by Jones to appoint Ms. Dement and Ms. Monk to the three-year terms through July 1, 2026. Seconded by Sprank. Motion carried 7-0. 4. Long Range Planning Advisory Commission: One, 3-Year term through July 1, 2026 (Ex- piring term of Ward). Applicant: Mark Ward, 2758 Tiffany Ct. Motion by Farber to appoint Mr. Ward to the three-year term through July 1, 2026. Seconded by Roussell. Motion carried 7-0. 5. Park and Recreation Advisory Commission: Three, 3-Year terms through June 30, 2026 (Expiring terms of Axtell, Kennicker, and Ochoa). Applicants: Ron Axtell, 1895 Norland Dr.; Er- icson Hilbun, 1430 Oeth Ct.; Robin Kennicker, 2929 Elm St.; Jessica Ochoa, 1970 Hale St. Shirley Snow, 779 University Ave. Upon roll call vote, Mr. Axtell, Ms. Kennicker, and Ms. Ochoa were appointed to the 3-year terms through June 30, 2026. Mr. Axtell and Ms. Kennicker re- spectively received all seven votes for two of the 3-year terms. Mr. Hilburn received 1 vote (Far- ber), and Ms. Ochoa received the remaining 6 votes for the other 3-year term. 6. Resilient Community Advisory Commission: One Cross Representative whose term will coincide with their term on the cross represented board or commission (Expiring Cross Repre- sentative Member term of Kennicker). Applicants: Thea Dement, 375 Alpine St. - Current mem- ber of Historic Preservation Commission — Term will expire on 7-1-26 if reappointed to the His- toric Preservation Commission at the 6-20-23 City Council meeting; Robin Kennicker, 2929 Elm St. - Current member of Park and Recreation Advisory Commission — Term will expire on 6-30- 26 if reappointed to the Parks and Recreation Advisory Commission at the 6-20-23 City Council meeting. Two, 3-Year terms through July 1, 2026 (Expiring At -Large terms of Chamberland and Jaya- wickrama). *Note: cross representative applicants who are not appointed to the cross- repre- sentative term are eligible for the at -large terms. Applicants: Joshua Chamberland, 2145 Dela- ware St.; Thea Dement, 375 Alpine St.; Lalith Jayawickrama, 2360 Cherry St.; Robin Kennicker, 2929 Elm St.; Lori 011endick, 1390 Oak Park PI. Upon roll call vote, Ms. Kennicker was appointed to the three-year term, which will be through June 30, 2026, to coincide with her term on the Park and Recreation Advisory Commission. Ms. Kennicker received all 7 votes. City Clerk Breitfelder announced that since Ms. Kennicker was appointed to the cross repre- sented term, she is ineligible for the at -large term. Upon roll call vote, Mr. Chamberland and Mr. Jayawickrama were appointed to the 3-year terms through July 1, 2026. Mr. Chamberland re- ceived all 7 votes from Council for one of the terms. Ms. 011endick received 1 vote (Resnick), and Mr. Jayawickrama received the remaining 6 votes for the other 3-year term. 7. Zoning Advisory Commission: Three, 3-Year terms through July 1, 2026 (Expiring terms of Christ, Kemp, and Zuccaro). Applicants: Martha Christ, 88 Princeton Place; Carrie Lohrmann, 1840 Asbury Rd.; Teri Zuccaro, 1765 Plymouth Court. This commission is subject to the State of Iowa Gender Balance Law, §69.16A. 7 Commissioners total; currently 4 males/0 females/ 3 openings. Motion by Roussell to appoint Ms. Christ, Ms. Lohrmann, and Ms. Zuccaro to the three 3-year terms through July 1, 2026. Seconded by Farber. Council Member Roussell thanked Ms. Christ for her decades of service on the commission. Motion carried 7-0. PUBLIC HEARINGS 1. Resolution Approving the Development Agreement by and between the City of Dubuque, Iowa and McCoy Group, Inc. LLC Providing for the Sale of City -owned Real Estate to McCoy Group, Inc. and the Issuance of Urban Renewal Tax Increment Revenue Grant Obligations Pur- suant to the Development Agreement: Motion by Roussell to receive and file the documents and adopt Resolution No. 198-23 Approving the disposal of an interest in real property owned by the City of Dubuque by sale pursuant to a Development Agreement with McCoy Group, Inc. Se- conded by Resnick. Zach Berry, 2688 University Ave., requested clarification on whether the development agreement will result in the construction of a new parking lot. City Manager Van Milligen stated that McCoy group is purchasing an existing parking lot north of the property that they will occupy. City Council Members thanked city staff for putting together this agreement. Motion carried 7-0. RESOLUTION NO. 198-23 APPROVING THE DISPOSAL OF AN INTEREST IN REAL PROPERTY OWNED BY THE CITY OF DUBUQUE BY SALE PURSUANT TO A DEVELOPMENT AGREEMENT WITH MCCOY GROUP, INC. Whereas, the City Council of Dubuque, Iowa, did on June 5, 2023, adopt an Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District ("the Plan") for the Urban Renewal Area described therein; and Whereas, the City of Dubuque, Iowa, is interested in stimulating reinvestment in the Greater Downtown Urban Renewal District; and Whereas, the Plan provides, among other things, for the disposition of properties for private development purposes; and Whereas, McCoy Group, Inc. submitted to the City a proposal in the form of an offer to pur- chase (the "Development Agreement") for the purchase of certain City -owned real property hereinafter described ("the Property"), which Development Agreement proposes Merge, LLC will undertake the purchase of a building located at the corner of Bell Street and 6th Street as described therein, which Property is the real estate consisting of approximately 0.7 acres shown on Exhibit A, and which Development Agreement requests that this Property be made available for sale as rapidly as possible; and Whereas, Iowa Code Chapter 403 authorizes cities to dispose of property in furtherance of an urban renewal project and to take other actions as may be necessary to carry out the pur- poses of said Chapter, and the Plan similarly authorizes the City to dispose of property; and Whereas, in compliance with Iowa Code Section 403.8, and to the extent required by law, Iowa Code Section 364.7, the City Council has set forth its proposal to dispose of its interests in the Property and the City Clerk published a notice on May 19, 2023 as required by law solic- iting competitive proposals for the Property; and Whereas, as of 10:00 a.m. on June 16, 2023 the City Clerk received no competitive proposals for the Property; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to approve the Development Agreement proposed by McCoy Group, Inc., and the sale of the Property as provided in the Development Agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The Council finds that the transfer of the Property will promote the purposes of the urban renewal law, Iowa Code Ch. 403 in the City and, together with the other consideration provided for in the Agreement, that these benefits constitute fair value for the City's disposal of interests in the Property under Iowa Code Section 403.8. Section 2. The Development Agreement between the City and McCoy Group, Inc. including the sale of the Property as provided therein, is hereby approved. Section 3. The Mayor is authorized and directed to execute said Development Agreement on behalf of the City of Dubuque. Passed, approved, and adopted this 20th day of June, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Resolution Approving the Development Agreement between the City of Dubuque and Switch Homes, LLC providing for the Issuance of Urban Renewal Tax Increment Revenue Grant Obligations Pursuant to the Development Agreement: Motion by Jones to receive and file the documents and adopt Resolution No. 199-23 Approving a Development Agreement between the City of Dubuque and Switch Homes, LLC, including the proposed reimbursement of Switch Homes, LLC for certain infrastructure improvements as described in the Development Agree- ment by the issuance of urban renewal tax increment revenue grants. Seconded by Sprank. City Clerk Breitfelder stated that written input was received by James Gantz, 12241 Forest Meadow Dr. Eric Lucy, 2736 Tiffany Ct., requested a four-way traffic light to access the property via the Northwest Arterial, also in reference to Action Item No. 2. Responding to a question from the City Council regarding the status of Mr. Gantz's development in the area, Planning Services Manager Wally Wernimont stated that the Zoning Advisory Commission tabled Mr. Gantz's Planned Unit Development (PUD) request regarding access to the Northwest Arterial. A traffic study conducted by a traffic consultant recommended a right -in right -out access point. The re- vised concept plan reflecting that recommendation is pending from Mr. Gantz. Mr. Wernimont stated that Mr. Gantz's prospective development was taken into consideration when determining the improvements that will be required by Switch Homes, LLC. Responding to questions from the City Council, City Manager Van Milligen stated that the development agreement for this public hearing and the plat for Action Item No. 2 do not indicate a full intersection on the North- west Arterial and that the developer, Matthew Mulligan, was aware of the city's incentive offer- ings. City Council Members discussed the difference between this public hearing and Action Item No. 2, stating that the public hearing is to approve the development agreement. Respond- ing to a question from the City Council, City Attorney Brumwell stated that the language changes in the development agreement were city -initiated changes conducted with outside counsel. City Council Members discussed the importance of development and how this project initiated other housing development agreements. Motion carried 7-0. RESOLUTION NO. 199-23 APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE AND SWITCH HOMES, LLC, INCLUDING THE PROPOSED REIMBURSEMENT OF SWITCH HOMES, LLC FOR CERTAIN INFRASTRUCTURE IMPROVEMENTS AS DESCRIBED IN THE DEVELOPMENT AGREEMENT BY THE ISSUANCE OF URBAN RENEWAL TAX IN- CREMENT REVENUE GRANTS Whereas, Switch Homes, LLC is the owner of the following described real property: Mozena Farm South in the City of Dubuque, Iowa, according to the plat recorded as In- strument No. 2005-17498, records of Dubuque County, Iowa; and Lot 2 of "Dondelinger Place" in the City of Dubuque, Iowa, according to the preliminary plat attached as Exhibit B. (the Property) (the parties agree that the Property will be replotted, and the Development Agreement will be amended to add the recorded Plat); and Whereas, the City Council, by Resolution No. 176-23, dated June 5, 2023, declared its intent to enter into a Development Agreement with Switch Homes, LLC pursuant to which Switch Homes, LLC will construct on the Property certain infrastructure improvements as described in the Agreement; and Whereas, the parties intend to adopt, and the Development Agreement is subject to a condi- tioned upon adopting an Urban Renewal Plan which will be on file with the County Auditor and the Dubuque City Clerk by no later than December 31, 2023; and Whereas, the Development Agreement provides for reimbursement of Switch Homes, LLC by the issuance of Tax Increment Revenue Grants from the tax increment revenues collected in respect of the infrastructure improvements to be constructed in accordance with the Develop- ment Agreement, for the purpose of carrying out the objectives of an Urban Renewal Plan as described therein; and Whereas, pursuant to published notice, a public hearing was held on the proposed Develop- ment Agreement on June 20, 2023 at 6.30 p.m.; and Whereas, it is the determination of the City Council that the approval of the Development Agreement for the construction of certain infrastructure improvements on the Property, accord- ing to the terms and conditions set out in the Development 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 Development Agreement by and between the City of Dubuque and Switch Homes, LLC, a copy of which is attached hereto, including the issuance of Urban Renewal Tax Increment Revenue Obligations, is hereby approved, subject to and conditioned upon the adop- tion of the Urban Renewal Plan by no later than December 31, 2023. Section 2. That the Mayor is hereby authorized and directed to execute the Development Agreement on behalf of the City of Dubuque and the City Clerk is authorized 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 and conditions of the Development Agreement as herein approved. Passed, approved, and adopted this 20th day of June, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Kerper Court and Kerper Boulevard Intersection Improvement Project: Motion by Sprank to receive and file the documents and adopt Resolution No. 200-23 Approval of plans, specifi- cations, form of contract, and estimated cost for the Kerper Court and Kerper Boulevard Inter- section Improvement Project. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 200-23 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE KERPER COURT AND KERPER BOULEVARD INTERSECTION IMPROVE- MENT PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the attached plans, specifications, form of contract and estimate of total cost for the Kerper Court and Kerper Boulevard Intersection Improvement Project, in the estimated amount of $1,327,497.00 are hereby approved. Passed, approved, and adopted this 20th day of June 2023. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 4. West 1 st Street Sanitary Repair Project: Initiate Public Improvement Bidding Process: Mo- tion by Resnick to receive and file the documents and adopt Resolution No. 201-23 Approval of plans, specifications, form of contract, and estimated cost for the W 1 st Street Sanitary Repair Project. Seconded by Farber. Motion carried 7-0. RESOLUTION NO. 201-23 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE WEST 1st STREET SANITARY REPAIR PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for W 1 st Street Sanitary Repair Project, in the estimated amount $221,497.00, are hereby approved. Passed, approved, and adopted this 20th day of June 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Grant of Easements to James B. Gansen and Mary L. Gansen, and Robert J. Flanagan and Tina M. Flanagan: Motion by Roussell to receive and file the documents and adopt Reso- lution No. 202-23 Disposing of city interest by Grant of Easements for access to James B. Gan- sen and Mary L. Gansen, and Robert J. Flanagan and Tina M. Flanagan, Across Part of Lot 1 of JQ Acres, Dubuque County, Iowa. Seconded by Resnick. Motion carried 7-0. RESOLUTION NO. 202-23 DISPOSING OF CITY INTEREST BY GRANT OF EASEMENTS FOR ACCESS TO JAMES B. GANSEN AND MARY L. GANSEN, AND ROBERT J. FLANAGAN AND TINA M. FLANAGAN, ACROSS PART OF LOT 1 OF JQ ACRES, DUBUQUE COUNTY, IOWA Whereas, pursuant to Resolution No. 175-23 and published notice of time and place of hear- ing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 9th day of June, 2023, the City Council of the City of Dubuque, Iowa met on this 20th day of June, 2023, at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa, to consider the proposal for the granting of easements across City owned property described as: Part of Lot 1 of JQ Acres, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposed granting of easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the Grant of Easements for Access to James B. Gansen and Mary L. Gansen, and to Robert J. Flanagan and Tina M. Flanagan, across Part of Lot 1 of JQ Acres, Dubuque County, Iowa, be and the same is hereby approved. Section 2. That the Mayor be authorized and directed to execute the Grant of Easements for Access and the City Clerk be and is hereby authorized and directed to deliver said Grant of Easements to James B. Gansen and Mary L. Gansen, and to Robert J. Flanagan and Tina M. Flanagan. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this Grant of Easements for Access in the offices of the Dubuque County Recorder. Passed, approved, and adopted this 20th day of June 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk PUBLIC INPUT Marty Corfman, 1185 N. Booth St., member of the Dubuque Audubon Society; David Schel- ler; and Sarah Ellert-Beck, 4855 Camelot Dr. respectively provided input regarding the bird hab- itats that were recently destroyed from mowing at the Plaza Drive property owned by Talon Development. The speakers proposed additional regulation in consideration of wildlife habitats and that the city dedicate certain city -owned property as a permanent preserve for birds. Ken Kiss, 16844 Muntz Ct., President of Dubuque Audubon Society, also provided input regarding bird habitats and distributed photos of the various birds impacted by the mowing. Josh Krueger, 1305 E. Benson Rd., Sioux Falls, SD, provided input on behalf of Talon Development, stating that the company unintentionally did not receive the Dubuque Audubon Society's communica- tions immediately and that they were willing to participate in conversations with the Dubuque Audubon Society and other parties. Rick Dickinson, President and CEO of Greater Dubuque Development Corporation, stated that Talon Development should not be at fault for the mowing of bird habitats at Plaza Drive, as it was a local farmer contracted to mow the property without Talon Development's knowledge. ACTION ITEMS 1. Municipal Services Center EV Charging Stations Project: Motion by Jones to receive and file the documents and adopt Resolution No. 203-23 Awarding public improvement construction contract for the Municipal Services Center EV Charging Stations Project. Seconded by Sprank. Responding to a question from the City Council, City Manager Van Milligen stated the city adopted a formula regarding the lifecycle costs of considering new vehicles. Motion carried 7-0. RESOLUTION NO. 203-23 AWARDING PUBLIC IMPROVEMENT CONSTRUCTION CONTRACT FOR THE MUNICIPAL SERVICES CENTER EV CHARGING STATIONS PROJECT Whereas, sealed proposals have been submitted by contractors for the Municipal Services Center EV Charging Stations Project, (the Project) and Notice to Bidders published on the City of Dubuque, Iowa website and plan room service with statewide circulation on the 2nd day of May 2023; and Whereas, said proposals were opened and read on the 23rd day of May 2023 and it has been determined that Westphal & Company, Inc of Dubuque, Iowa submitted the low bid in the amount of $137,400.00, and is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That a Public Improvement Construction Contract for the Project is hereby awarded to Westphal & Company, Inc. and the City Manager is hereby directed to execute a Public Improvement Construction Contract on behalf of the City of Dubuque for the Project. Passed, approved, and adopted this 20th day of June 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Final Plat of Switch Homes of Dubuque: Motion by Wethal to receive and file the docu- ments and adopt Resolution No. 204-23 Authorizing approval of the Final Plat of Switch Homes of Dubuque, in the City of Dubuque, Iowa. Seconded by Jones. Responding to questions from the City Council, Planning Services Manager Wernimont summarized the plat development and approval process. City Council Members stated that they considered resident input as part of this process. Motion carried 7-0. RESOLUTION NO. 204 - 23 AUTHORIZING APPROVAL OF THE FINAL PLAT OF SWITCH HOMES OF DUBUQUE, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Switch Homes of Dubuque, in the City of Dubuque, Iowa; and Whereas, upon said final plat appear public streets to be known Tiffany Court, Uphill Both Ways Road, Linger Longer Lane, and Holy Moly Place (all in Lot A), which the owner by said final plat has dedicated to the public forever; and Whereas, upon said final plat appear Lot B and Lot C, which the owner by said final plat has dedicated to the public forever as road right of way of West 32nd Street; and Whereas, upon said final plat appear certain public utility, emergency services access ease- ment, and storm drainage easements, which the owner by said final plat has dedicated to the public forever; and Whereas, upon said final plat appears Outlot G (for Public Park), and certain water main, sanitary sewer, storm sewer, and temporary cul-de-sac easements, which the owner by said final plat has dedicated to the City of Dubuque forever; and Whereas, said final plat has been reviewed by the City Planner and his approval has been endorsed thereon, subject to the owner's agreeing to the conditions specified herein; and Whereas, said final plat has been examined by the City Council and the City Council find the final plat conforms to the applicable statutes and ordinances, except that streets and public utilities have not yet been completely constructed or installed. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the dedication of Tiffany Court, Uphill Both Ways Road, Linger Longer Lane, and Holy Moly Place (all in Lot A), Lot B and Lot C (West 32nd Street Right of Way), Outlot G (for Public Park), together with certain water main, sanitary sewer, storm sewer, and temporary cul-de-sac easements, as they appear on said final plat, to the City of Dubuque be and the same are hereby accepted; and Section 2. That the Final Plat of Switch Homes of Dubuque 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 final plat, provided the owners of said property herein named, exe- cute their written acceptance of the attached conditions, and further agree: a. To reduce Tiffany Court (unimproved portion), Uphill Both Ways Road, Linger Longer Lane, and Holy Moly Place (all in Lot A), to grade and to construct longitudinal sub -drain, concrete curb and gutter with asphaltic concrete pavement or with Portland Cement con- crete pavement with integral curb, and temporary cul-de-sacs, all in accordance with the City of Dubuque standard specifications in a manner acceptable to the City Engineer, in conformance with construction improvement plans approved by the City Engineer, and inspected and approved by the City Engineer. The temporary cul-de-sacs to receive bitu- minous without curb and gutter, all in accordance with the City's standard specifications in a manner acceptable to the City Engineer, in conformance with construction improvement plans approved by the City Engineer and inspected and approved by the City Engineer. b. To grade Public Park (Outlot G) in accordance with the City of Dubuque standard specifications in a manner acceptable to the City Engineer and Leisure Services Manager, in conformance with construction improvement plans approved by the City Engineer and inspected and approved by the City Engineer. c. To install public sanitary sewer mains and private sewer service laterals into each individual lot, public water mains and private water service laterals into each individual lot, private storm water detention basins, private storm sewers, public storm sewers and catch basins, public boulevard street lighting, public fiber optic conduit and vaults, and erosion control devices all in accordance with the City of Dubuque standard specifications in a manner acceptable to the City Engineer, and in accordance with construction improvement plans approved by the City Engineer, and inspected and approved by the City Engineer, and to coordinate with a private utility company for the installation of private fiber to each residential lot in the subdivision. d. To construct accessible sidewalk ramps at each intersection and street crossings in accordance with City of Dubuque Standards and Specifications, all in a manner acceptable to the City Engineer, and in accordance with the construction improvement plans approved by the City Engineer and inspected and approved by the City Engineer. e. To construct accessible concrete sidewalk across all lots on the Final Plat designated to be dedicated to the City of Dubuque (Outlot G and Outlot E) in accordance with the City's standards and specifications, all in a manner acceptable to the City Engineer, and in accordance with the construction improvement plans approved by the City Engineer. f. To construct a right in right out access at the intersection of Uphill Both Ways Road and the Northwest Arterial and associated deceleration lane along the Northwest Arterial in accordance with City of Dubuque Standards and Specifications, all in a manner accepta- ble to the City Engineer, and in accordance with the construction improvement plans ap- proved by the City Engineer and inspected and approved by the City Engineer. g. To regrade the existing southern embankment and reconstruct the existing bike/hike trail along the Northwest Arterial roadway in accordance with City of Dubuque Standards and Specifications, all in a manner acceptable to the City Engineer, and in accordance with the construction improvement plans approved by the City Engineer and inspected and approved by the City Engineer. h. To construct the improvements outlined above within three years from the date of acceptance of this resolution, at the sole expense of the owners, or future owner. i. To maintain the improvements outlined above for a period of two (2) years from the date of the acceptance of those improvements by the City Council of the City of Dubuque, Iowa, at the sole final expense of the owners, or future owner. j. That access to the Northwest Arterial is prohibited from all lots within Switch Homes of Dubuque except for the right-in/right-out only intersection at the Northwest Arterial and Uphill Both Ways Road. k. To provide security for the performance of the foregoing conditions specified in this resolution in the amount of 110% of the estimated Qualified Costs of the public improve- ments outlined above, in such form and with such sureties as may be acceptable to the City Manager of the City of Dubuque, Iowa, and to provide construction inspection fees in the amount of 3% of the estimated Qualified Costs of the public improvements. Section 3. That sidewalk installation shall be the responsibility of each lot owner for each lot abutting the public rights -of -way, including lots with multiple frontages, as required by City Code Chapter 10-1-2 (Sidewalk Installation and Repair). Section 4. That the owner must construct and maintain erosion control devices in Switch Homes of Dubuque which control erosion and prevent sediment from leaving the site. The owner shall be responsible for maintenance of the all -storm water detention facilities and appur- tenances located on Outlots B, D, and K of Switch Homes of Dubuque in perpetuity. Section 5. That the owner must maintain the temporary cul-de-sacs on Tiffany Court and Uphill Both Ways Road, except for snow removal and deicing, until such time as the develop- ment of the adjacent property begins or owner designs and constructs permanent cul-de-sac improvements to current City Standards and dedicates said improvements and an appropriate right of way to the City. Section 6. That the owner must construct and maintain an emergency services access road- way across Outlot D, in conformance with construction improvement plans approved by the City Engineer and inspected and approved by the City Engineer. Section 7. That the owner must acquire a temporary public cul-de-sac easement for the ben- efit of the City of Dubuque, in a form acceptable to the City of Dubuque, from the adjacent property owner at the east end of Uphill Both Ways Road in accordance with the construction improvement plans approved by the City Engineer Section 8. That the planting of street trees shall be coordinated with the City's Urban Forester. Any tree(s) planted within the street right-of-way must be approved by the Urban Forester. The location and species of tree(s) will be approved by the Urban Forester and planted and cared for through establishment by the developer at the developer's expense. Section 9. That the final acceptance of the public improvements shall only occur upon certifi- cation of the City Engineer to the City Council that the public improvements have been com- pleted in accordance with the approved improvement plans and City standards and specifica- tions and accepted by City Council Resolution. Section 10. That within 60 days of execution of acceptance of this Resolution Switch Homes, LLC will convey to the City of Dubuque all rights of access to the Northwest Arterial at Highway Station 73+00, method of conveyance to be as mutually agreed upon by Switch Homes, LLC and City. That within 60 days of execution of acceptance of this Resolution, the City of Dubuque will convey and grant new rights of access to the Northwest Arterial at the intersection of the Northwest Arterial and Uphill Both Ways Road, method of conveyance to be as mutually agreed upon by Switch Homes, LLC, and City. Section 11. That in the event Switch Homes, LLC fails to execute the acceptance and furnish the guarantees provided hereof within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. Passed, approved, and adopted this 20th day of June 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Ordinance Amendment Requiring Registration of all Taxicab Drivers with the City Clerk: 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 Roussell. City Council Members delib- erated whether the taxi businesses should have been consulted on the proposed amendment prior to its adoption. Motion carried 6-1 with Resnick voting nay. Motion by Jones for final consideration and passage of Ordinance No. 31-23 Amending City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 7 Vehicles for Hire and Public Transportation, Article B Motorized Vehicles for Hire, Section 4-713-8 Taxicab Business License and Taxicab Driver's Permit. Seconded by Wethal. Motion carried 7-0. ORDINANCE NO. 31-23 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 7 VEHICLES FOR HIRE AND PUBLIC TRANSPORTA- TION, ARTICLE B MOTORIZED VEHICLES FOR HIRE, SECTION 4-713-8 TAXICAB BUSI- NESS LICENSE AND TAXICAB DRIVER'S PERMIT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. Section 4-713-8 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 4-713-8: TAXICAB BUSINESS LICENSE AND TAXICAB DRIVER'S PERMIT: A. Taxicab Business License Requirements; Insurance; Fees: 1. Taxicab Business License Required: No person may operate a taxicab alone or as part of a taxicab business without first having obtained a taxicab business license from the city clerk. 2. Application For Taxicab Business License: a. An application for a taxicab business license must be filed with the city clerk's office on a form provided by the city clerk. b. The chief of police will investigate each applicant for a taxicab business license and a report of such investigation will be attached to the application for consideration by the city clerk. 3. Consideration Of Application: The city clerk will, in consultation with the chief of police and upon consideration of the application and the required reports attached thereto, approve, or reject the application. 4. Insurance Prerequisite To Issuance; Continuance In Effect: The taxicab business owner must at all times while the license is in effect provide insurance as required by the city manager. 5. Fees: No taxicab business license will be issued or renewed unless the holder thereof has paid an annual taxicab business license fee established by the city manager and an annual vehicle fee established by the city manager for each vehicle in such taxicab business. Such fees are for one year commencing April 1. 6. Denial, Suspension, Or Revocation Of License: a. The city clerk may deny, suspend, or revoke issuance of a taxicab business license for good cause, including, but not limited to, any of the following: (1) Violation of any of the provisions of this article; (2) Discontinuation of operations for more than sixty (60) days; (3) Violation of any ordinances of the city or laws of the United States or the state of Iowa or any other state that demonstrates the lack of fitness of the taxicab vehicle permit holder to offer public transportation; or (4) Misrepresentation on the application for a taxicab business license. b. Prior to the denial, suspension, or revocation, the taxicab business license holder must be given not less than ten (10) days' written notice by the city clerk. c. In the event of a denial, suspension, or revocation of a taxicab business license, no other taxicab business license may be issued to such person for a period of two (2) years thereafter. 7. Appeal: Within ten (10) days after written notice of the revocation, suspension, or denial of issuance of a taxicab business license, an applicant or license holder may file with the city clerk a written notice of appeal to the city manager from such revocation, sus- pension, or denial. The city manager must provide the taxicab business with notice and an opportunity to be heard on the issue of whether the taxicab business license was properly revoked, suspended, or denied. 8. Taxicabs Registered With City Clerk: The applicant or license holder must register all vehicles operating as taxicabs for the taxicab business with the city clerk. Any new ve- hicles that begin operating as taxicabs after the taxicab business license is obtained must be registered with the city clerk prior to the vehicles operating as taxicabs. 9. Taxicab Drivers Registered With City Clerk: The applicant or license holder must register all taxicab drivers with the city clerk. Any additional drivers hired after the taxicab busi- ness license is obtained must be registered with the city clerk prior to the driver operat- ing a taxicab for hire. 10. Display Of Taxicab Business License: The taxicab business license must be displayed at the taxicab business location. A copy of the taxicab business license also must be displayed in each vehicle operating as a taxicab for the business and may not be re- moved until the expiration of the license. 11. Personal Nature; Transferability: The taxicab business license is personal to the busi- ness and may not be sold, assigned, mortgaged, or otherwise transferred. The taxicab business license applies to all registered vehicles operating as taxicabs for the license holder. 12. Property Of City Clerk Upon Loss Or Closure: If any taxicab business license issued under this article is lost or mislaid or the taxicab business closes or ceases operations, the license holder must report such fact to the city clerk immediately. Where a taxicab business license is lost or mislaid, a duplicate license will be issued upon payment of the fee as established by the city manager. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 20th day of June, 2023. Brad Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 4. RAISE Infrastructure Planning Grant: Consultant Professional Services - Request for Pro- posals - Engineering Design and NEPA / Environmental Project Development: Motion by Sprank to receive and file the documents and approve initiating the Request for Proposals (RFP) pro- cess for Professional Consultant Services to complete the Engineering Design and NEPA / En- vironmental Study Phase to advance development for the Rebuilding America's Infrastructure with Sustainability and Equity (RAISE) Infrastructure Planning Grant for the project entitled "Building Bridges to Employment and Equity (132E2)". Seconded by Jones. City Manager Van Milligen stated that United States Secretary of Transportation Pete Buttigieg recently toured this project. Motion carried 7-0. 5. Old Highway Road Water Main Connection Loop 2023 Award Resolution: Motion by Jones to receive and file the documents and adopt Resolution No. 205-23 Awarding Public Improve- ment Contract for the Old Highway Road Water Main Connection Loop Project 2023. Seconded by Wethal. Motion carried 7-0. RESOLUTION NO. 205-23 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE OLD HIGHWAY ROAD WA- TER MAIN CONNECTION LOOP PROJECT 2023 Whereas, sealed proposals have been submitted by contractors for the Old Highway Rd Wa- ter Main Connection Loop 2023, (the Project) pursuant to Resolution No. 155-23 and Notice to Bidders published on the City of Dubuque, Iowa website and plan room service with statewide circulation on the 17th day of May 2023; and Whereas, said sealed proposals were opened and read on the 13th day of June 2023 and it has been determined that Top Grade Excavating of Farley, Iowa, in the base bid amount of $697,604.00, is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That a Public Improvement Contract for the Old Highway Rd Water Main Connection Loop 2023, is hereby awarded to Top Grade Excavating and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, adopted, and approved this 20th day of June, 2023. Brad Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 6. Reimagine Comiskey Park Project Ribbon -Cutting & Celebration: Motion by Sprank to re- ceive and file the documents. Seconded by Jones. Responding to a question from the City Council, Leisure Services Manager Marie Ware stated that the current mound of dirt on the property will be used for a multipurpose field that will be constructed in phase 2 of the project. City Council Members complimented the project. Motion carried 7-0. 7. Our Valued and Important Partnership with the Boys & Girls Club of Greater Dubuque: Motion by Jones to receive and file the documents. Seconded by Resnick. City Council Mem- bers stated the importance of food distribution programs in the community. Motion carried 7-0. 8. Intent to Apply for USDA Forest Service Urban & Community Forest Program Grant: Motion by Roussell to receive and file the documents and approve the application for the USDA Forest Service Urban and Community Forest Program Grant. Seconded by Sprank. Based on her af- filiation with Dubuque Trees Forever, Council Member Roussell obtained prior confirmation from City Attorney Brumwell that she could vote on this item. Motion carried 7-0. 9. Contracted Services Agreements for Fiscal Year 2024: Motion by Jones to receive and file the documents and approve the contracted services agreements with the Dubuque Area Labor - Management Council, Dubuque Dream Center, Dubuque Main Street, Fountain of Youth Pro- gram, Four Mounds Foundation to manage the Dubuque Winter Farmers Market, Greater Dubu- que Development Corporation, and Travel Dubuque and authorize the mayor to execute the contracts on behalf of the City. Seconded by Farber. Council Member Wethal announced her intent to abstain from the vote due to her father serving as President and CEO of Greater Dubu- que Development Corporation (GDDC). City Council Members asked City Attorney Brumwell if they could vote on the GDDC contract separately from the others, which City Attorney Brumwell verified was acceptable. Motion amended by Jones to receive and file the documents and approve the contracted services agreement with GDDC and authorize the mayor to execute the contract on behalf of the City. Seconded by Farber. Motion carried 6-0 with abstention from Wethal. Motion by Jones to receive and file the documents and approve the contracted services agreements with the Dubuque Area Labor -Management Council, Dubuque Dream Center, Dubuque Main Street, Fountain of Youth Program, Four Mounds Foundation to manage the Dubuque Winter Farmers Market, and Travel Dubuque and authorize the mayor to execute the contracts on behalf of the City. Seconded by Farber. Motion carried 7-0. 10. Work Session Request: Dubuque Racing Association/Schmitt Island Development Up- date: Motion by Jones to receive and file the documents and schedule the work session for Wednesday, June 28, 2023, at 6:00 p.m. Seconded by Sprank. Motion carried 7-0. 11. Work Session Request: Historic Millwork District Master Plan Update: Motion by Roussell to receive and file the documents and schedule the work session for Monday, July 31, 2023, at 5:30 p.m. Seconded by Wethal. Motion carried 7-0. 12. Work Session Request: Project HOPE and Inclusive Dubuque Quarterly Updates: Motion by Jones to receive and file the documents and schedule the work session for Monday, July 31, 2023, at 6:30 p.m. Seconded by Roussell. Motion carried 7-0. 13. ICMA Economic Mobility and Opportunity Cohort Community Spotlight Video: Motion by Roussell to receive and file the documents and view the video. Seconded by Farber. Media Services showed an ICMA Economic Mobility and Opportunity Cohort Community Spotlight video featuring Dubuque. The video can be viewed at the following link: https://www.youtube.com/watch?v=S4N4OBls55U. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Sprank thanked the Public Information Office for their video on the Multicul- tural Family Center's (MFC) Pride Family Picnic and Block Party and encouraged people to view the video on the MFC's website. Council Member Farber reported on attending the French Heritage Corridor conference and its opportunity to explore future sister city involvement. Council Member Wethal reported on touring the Liberty Recovery Center. Mayor Cavanagh reported on attending discussions at the White House with other Iowa com- munities regarding various grants. Mayor Cavanagh also reported on attending the Juneteenth event in Jackson Park. CLOSED SESSION Motion by Jones to convene in closed session at 9:09 p.m. to discuss Pending Litigation and Purchase or Sale of Real Estate — Chapter 21.5(1)(c),(j) Code of Iowa. Seconded by Wethal. 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 10.23 p.m. stating that staff had been given proper direction. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 10:23 p.m. /s/Adrienne N. Breitfelder, CIVIC, City Clerk