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7 15 24 City Council Proceedings Official Special and Regular CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on July 15, 2024, in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Cavanagh; Council Members Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attorney Brumwell. Mayor Cavanagh read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on the Chaplain Schmitt Island Re- development Plan Review. WORK SESSION Chaplain Schmitt Island Redevelopment Plan Review Economic Development Director Jill Connors introduced Dubuque Racing Association President and CEO Alex Dixon who gave a brief background on the project. Ryan Peter- son from RDG Planning & Design updated the Council on the project. Mayor Cavanagh declared the meeting adjourned at 6:05 p.m. due to severe weather and safety protocols requiring the need to take shelter. This presentation will be resched- uled /s/Trish L. Gleason, MMC, Assistant City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:47 p.m. on July 15, 2024, in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. De- layed start to the meeting was due to severe weather and power outages. The meeting was unable to be recorded and transmitted to the public in the conventional recoding methods due to the power outages. The Dubuque City Council persevered and held the meeting using the lights from cell phones and battery-operated computers. 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. Veterans of Foreign Wars Post 508 Recognition was accepted by Mayor Cavanagh on behalf of the Veterans of Foreign Wars Post 508. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the Resolutions, and dis- pose of as indicated. Seconded by Roussell Motion carried 7-0. 1. Minutes and Reports Submitted: Airport Commission of April 23, 2024; Arts and Cultural Affairs Commission of May 28, 2024; City Council Proceedings of July 1, 2024; Community Development Advisory Commission of May 15, 2024; Equity and Human Rights Commission of May 14, 2024; Park and Recreation Commission of May 14, 2024; Zoning Advisory Commission of June 5, 2024; Zoning Advisory Commission Draft Minutes of July 2, 2024; Zoning Board of Adjustment of April 25 and May 23, 2024; Proof of Publication for City Council Proceedings of June 3, June 17, June 18, 2024. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Ross Dolphin for vehicle damage; Felderman Realty for property damage; Hennessey Fortman for vehicle damage; Olivia Hansen for property damage; Richard Hess for property damage; American Marine for vehicle damage; Oth- man Mokhantar for property damage; Sarah Weekley for vehicle damage. Upon motion the documents were received, filed, and referred to the City Attorney. 3. Disposition of Claims: City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- surance Pool: Ross Dolphin for vehicle damage; Felderman Realty for property damage; Hennessey Fortman for vehicle damage; Olivia Hansen for property damage; Richard Hess for property damage; American Marine for vehicle damage; Othman Mokhantar for property damage; Sarah Weekley 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. 221-24 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 procedures was adopted. RESOLUTION NO. 221-24 AUTHORIZING THE CHIEF FINANCIAL OFFICER / CITY TREASURER TO MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAY- MENT IN ACCORDANCE WITH CITY PROCEDURES Whereas, Section 1-7-7(E) of the Municipal Code of the City of Dubuque provides that the Finance Director-City Treasurer shall keep an accurate account of all disbursements, money, or property, specifying date, to whom, and from what fund paid; and Whereas, the invoices, presented by those firms and persons providing such goods and services have been pre-audited by Finance Department personnel in accordance with generally accepted internal control procedures and have been determined to have been requisitioned for a lawful municipal purpose; and Whereas, the Chief Financial Officer-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 Chief Financial Officer -City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to Cit y 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 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 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 Chief Financial Officer are hereby authorized and directed to provide the statement of receipts and disbursements to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 15th day of July 2024. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 5. Approving Fund Transfers for Capital Projects - Reimbursements in Fiscal Year 2024 – Period 13: Upon motion the documents were received and filed, and Resolution No. 222-24 Authorizing the Chief Financial Officer to make the appropriate interfund transfers of sums and record the same in the appropriate manner for the FY 2024 for the City of Dubuque, Iowa was adopted. RESOLUTION NO. 222-24 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 2024 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 budgeted 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 DUBUQUE, IOWA: Section 1. Authorize the Chief Financial Officer to Transfer Funds. That the Chief Fi- nancial Officer be and is hereby authorized by the City Council to make the appropriate interfund transfer of sums and record the same in the appropriate manner for FY 2024. 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 Stormwater Construction Fund to General Fund $53,141.00 for cap- ital construction. 2. Transfer from General Fund to DRA Distribution Fund $91,739.59 for capital con- struction. 3. Transfer from the Dubuque Industrial Center Tax Increment Financing Fund to the DRA Distribution fund $132,868.00 for the reimbursement of Tax Increment Fi- nancing eligible expenses. 4. Transfer from the General Construction Fund to the DRA Distribution Fund $200,655.00 for capital construction. 5. Transfer from the Water Construction Fund to the DRA Distribution Fund $150,000.00 for capital construction. 6. Transfer from the Stormwater Construction Fund to the Road Use Tax Fund $15,903.00 for capital construction. 7. Transfer from Road Use Tax fund to the Street Construction Fund $105,364.17 for capital construction. 8. Transfer from Greater Downtown Tax Increment Financing Fund to Street Con- struction Fund $34,610.00 for reimbursement of Tax Increment Financing eligible construction projects. 9. Transfer from General Fund to Sales Tax Construction Fund $415,000.00 for cap- ital construction. 10. Transfer from DRA Distribution Fund to Sales Tax Construction Fund $105,413.64.00 for capital construction. 11. Transfer from General Fund to General Construction Fund $111,283.63 for capital construction. 12. Transfer from Road Use Tax Fund to General Construction Fund $367,384.00 for capital construction. 13. Transfer from the Dubuque Industrial Center Tax Increment Financing Fund to the General Construction fund $275,381.85 for the reimbursement of Tax Incre- ment Financing eligible construction projects. 14. Transfer from Greater Downtown Tax Increment Financing Fund to General Con- struction Fund $1,114,096.95.00 for reimbursement of Tax Increment Financing eligible construction projects. 15. Transfer from the North Cascade TIF Fund to the General Construction Fund $426,524.29 for the reimbursement of Tax Increment Financing eligible construc- tion projects. 16. Transfer from General Fund to Airport Construction Fund $35,000.00 for capital construction. 17. Transfer from DRA Distribution Fund to Airport Construction Fund $35,000.00 for capital construction. 18. Transfer from Sales Tax Construction Fund to Airport Construction Fund $14,870.17 for capital construction. 19. Transfer from General Fund to Water Construction Fund $173,847.95.00 for ARPA capital construction. 20. Transfer from DRA Distribution Fund to the Water Construction Fund $10,000.00 for capital construction. 21. Transfer from General Fund to the Sanitary Sewer Fund $4,924.00 for ARPA capital construction. 22. Transfer from Sanitary Sewer Operating Fund to the Sanitary Sewer Capital Fund $146,760.00 for capital construction. 23. Transfer from Road Use Tax Fund to the Stormwater Construction Fund $9,270.40 for capital construction. 24. Transfer from General Fund to the Refuse Construction Fund $95,339.00 for cap- ital construction. 25. Transfer from Refuse Operating Fund to the Refuse Capital Fund $146,760.00 for capital construction. 26. Transfer from DRA Distribution Fund to the Garage Service Fund $15,095.50 for capital construction. Passed, approved and adopted this 15th day of July 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Building Bridges to Employment & Equity Brochure : Upon motion the documents were received and filed. 7. Plat of Survey of Arthofer’s Skyline Addition 2 subject to waiving lot frontage for Lot 2: Upon motion the documents were received and filed, and RESOLUTION No. 223.24 Approving the Plat of Survey Arthofer’s Skyline Addition 2, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 223-24 APPROVING THE PLAT OF SURVEY ARTHOFER’S SKYLINE ADDITION 2, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Plat Of Survey Arthofer’s Skyline Addition 2 in the City of Dubuque, 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. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is waived to allow 0 feet of frontage on a public street or an approved private street for Lot 2 Arthofer’s Skyline Addition 2. Section 2. That the Plat of Survey Arthofer’s Skyline Addition 2, in the City of Dubuque, Iowa is hereby approved, and the Mayor and City Clerk are hereby authorized and di- rected to endorse the approval of the City of Dubuque, Iowa upon said Plat of Survey . Passed, approved and adopted this 15th day of July 2024. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 8. Plat of Survey of Plaza 20 No. 9: Upon motion the documents were received and filed, and Resolution No. 224-24 Approving the Plat of Survey of Plaza 20 No. 9, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 224-24 APPROVING THE PLAT OF SURVEY OF PLAZA 20 NO. 9, IN THE CITY OF DUBU- QUE, IOWA Whereas, there has been filed with the City Clerk a Plat of Survey of Plaza 20 No. 9 in the City of Dubuque, 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. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Plat of Survey of Plaza 20 No. 9, 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 15th day of July 2024. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 9. Acceptance of Grant of Public Sanitary Sewer Easement across Parts of Lots 1 -2 and 2- 2 of Pizza Ranch Place off of Radford Road in Dubuque: Upon motion the docu- ments were received and filed, and RESOLUTION No. 225.24 Accepting a Grant of Public Sanitary Sewer Easement through, under and across parts of Lots 1 -2 and 2-2 of Pizza Ranch Place, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 225-24 ACCEPTING A GRANT OF PUBLIC SANITARY SEWER EASEMENT THROUGH, UN- DER AND ACROSS PARTS OF LOTS 1-2 AND 2-2 OF PIZZA RANCH PLACE, IN THE CITY OF DUBUQUE, IOWA Whereas, Radford Road Real Estate, LLC has dedicated, per the Plat of Survey of Lot 1-2 and 2-2 of Pizza Ranch Place, in the City of Dubuque, Iowa, recorded as instrument number 2024-00004704 in the Dubuque County Recorder’s Office, a Grant of Public San- itary Sewer Easement through, over and across Parts of Lots 1-2 and 2-2 of Pizza Ranch Place, in the City of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the dedication of a Grant of Public Sanitary Sewer Easement through, over and across Parts of Lots 1-2 and 2-2 of Pizza Ranch Place, in the City of Dubuque, Iowa, recorded as instrument number 2024-00004704 in the Dubuque County Recorder’s Office, from Radford Road Real Estate, LLC, a copy of which is attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 15th day of July 2024. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 10. Agreement with Dubuque Housing, LLC – for Public Sanitary Sewer Main Con- struction Serving Lots 1, 1-2, and 2-2 of Pizza Ranch Place on Radford Road associated with the EMRI Apartment Development: Upon motion the documents were received and filed, and Resolution No. 226.24 Approving an Agreement between the City of Dubuque, Iowa and Dubuque Housing, LLC was adopted. RESOLUTION NO. 226-24 APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE HOUSING, LLC Whereas, Dubuque Housing, LLC (DHLLC) is the owner of the property legally de- scribed as Lot 2-2 of Pizza Ranch Place in the City of Dubuque, Iowa, according to the recorded plat thereof; and Whereas, there is currently a private sanitary sewer main located within Lot 1 -2 of Pizza Ranch Place in the City of Dubuque, Iowa (the Private Sewer); and Whereas, to make Lots 1-2 and 2-2 of Pizza Ranch Place more developable, DHLLC is planning to, at its sole cost, disconnect and cap at each end the Private Sewer and construct a new public sanitary sewer main on the common lot line of Lot 1 -2 and 2-2 of Pizza Ranch Place in the City of Dubuque, Iowa (the Project); and Whereas, DHLLC plans to connect to the Pizza Ranch restaurant located on Lot 1 of Pizza Ranch Place, common address of 2020 Radford Road, Dubuque, Iowa, to the Pro- ject; and Whereas, DHLLC desires to construct the Project and will need to construct and carry out any other activities associated with the Project in accordance with City plans and specifications; and Whereas, upon completion of the project, DHLLC wishes to dedicate the sanitary sewer utility and any associated easements, as required by the City, to the City; and Whereas, via the attached agreement, the parties have come to terms as set forth herein for how to best effectuate the components of the Project to maximize the benefits to each party and the residents and visitors to Dubuque; and Whereas, DHLLC has executed the Agreement. 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. Passed, approved, and adopted this 15th day of July 2024. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 11. Pickett Street Rehabilitation Petition and Waiver Agreements: Upon motion the documents were received and filed, and RESOLUTION No. 227.24 Approving the Petition and Waiver Agreements for the Pickett Street Rehabilitation Project was adopted. RESOLUTION NO. 227-24 APPROVING THE PETITION AND WAIVER AGREEMENTS FOR THE PICKETT STREET REHABILITATION PROJECT Whereas, sealed informal bid proposals have been submitted by contractors for the Pickett Street Rehabilitation Project, (the Project) on the 13th day of June 2024; and Whereas, the City of Dubuque intends to construct public improvements that are in the best interest of the City on this street, which improvements shall be constructed at such times in accordance with the petition and waiver agreements to be entered into w ith the adjacent property owners; and Whereas, the adjoining property owners have agreed to reimburse the City for said improvements. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City will make improvements to Pickett Street. Section 2. That the petition and waiver agreements with the adjacent property owners are 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 agreements. Passed, adopted, and approved this 15th day of July 2024. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 12. Consultant Selection of MSA as the consultant to conduct an Analysis of Impedi- ments to Fair Housing and authorize the City Manager to sign the Task Order with MSA in the amount of $25,000: Upon motion the documents were received, filed, and ap- proved. 13. Signed Contract(s): 2024 Docking Agreement with American Cruise Lines; 2024 Docking Agreement with Celebration Belle; Independent Contractor Agreement with Den- ise Blakeley Ihrig of Blakeley Water Management. Upon motion the documents were re- ceived and filed. 14. Approval of Retail Alcohol Licenses: Upon motion the documents were received and filed, and Resolution No. 228-24 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 Licenses and Permits was adopted. RESOLUTION NO. 228-24 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 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 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 at the noted premise address to the following applicants pending submission of the locally required documentation: Renewals 1st & Main 101 - 123 Main St. Applebee's Neighborhood Grill And Bar 1395 Associates Dr. Bell Tower Productions 2728 Asbury Rd. House Of China Co 170 John F. Kennedy Rd Kwik Star 495 2685 Dodge St. Shannon's Bar & Grill 521 East 22nd St. The Lift 180 Main St. Vinny Vanucchis Little Italy 164 Main St. Walnut Tap Tavern 709 University Ave. Special Event(s) per Special Event Application Submittal, Provisional Issuances Dubuque Jaycees, Millwork Night Market, 6-9-24 to 6-13-24 and 7-7-24 to 7-11-24 East 7th to 9th & Jackson St + East 8th to Elm Street Kwik Stop 16th Street #325, 6-29-24 to 7- 3-24 1210 East 16th Street Parking Lot Event Passed, approved, and adopted this 15th day of July 2024. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant 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 Farber. Motion carried 7-0. 1. Old Mill Road Lift Station and Force Main Project - Phase I: Initiate Public Bidding Process and Setting Date for a Public Hearing: Upon motion the documents were re- ceived and filed, and RESOLUTION No. 229.24 Old Mill Lift Station and Force Main Pro- ject – Phase I: preliminary approval of plans, specifications, form of contract, and esti- mated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 19, 2024, in the Historic Fed- eral Building. RESOLUTION NO. 229-24 OLD MILL LIFT STATION AND FORCE MAIN PROJECT – PHASE I, PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI- MATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICA- TIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE AD- VERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The proposed plans, specifications, form of contract and estimated cost for the Old Mill Lift Station and Force Main Project – Phase I in the estimated construction amount of $18,720,314.19, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. Section 2. A public hearing will be held on the 19th day of August, 2024, at 6:30 p.m. in the Historic Federal Building Council Chambers 350 W. 6th Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. Section 3. The Old Mill Lift Station and Force Main Project – Phase I is hereby ordered to be advertised for bids for construction. Section 4. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. Section 5. The City Engineer is hereby directed to advertise for bids for the construction of the improvements herein provided, by publishing the Notice to Bidders to be published on the City of Dubuque website and a contractor plan room service with statewide circulation, which notice shall be published not less than thirteen but not more than forty - five days before the date for filing bids before 2:00 p.m. on the 22nd day of August 2024. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the 3rd day of September 2024, in the Historic Federal Building Council Chambers 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this the 15th day of July 2024. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk PUBLIC HEARINGS 1. Unified Development Code Amendment - Off-Premise Parking Lot 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. Planning Services Directo r Wally Wernimont provided a staff report. Motion carried 6 -0. Motion by Jones for final consideration and passage of ORDINANCE No. 44-24 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by amending Article 16-2-3 (Definitions) by adding a definition of Off-Premise Park- ing Lot and by amending Articles 16-5-11 C-2 Neighborhood Shopping Center and 16-5- 13 C-3 General Commercial by adding Off-Premise Parking Lot as an accessory use. Seconded by Wethal. Motion carried 7-0. ORDINANCE NO. 44-24 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY AMENDING ARTICLE 16-2-3 (DEFINITIONS) BY ADDING A DEFINITION OF OFF-PREMISE PARKING LOT AND BY AMENDING AR- TICLES 16-5-11 C-2 NEIGHBORHOOD SHOPPING CENTER AND 16-5-13 C-3 GEN- ERAL COMMERCIAL BY ADDING OFF-PREMISE PARKING LOT AS AN ACCES- SORY USE 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 Develop- ment Code Chapter 16-2-3 Definitions is hereby amended as follows: 16-2-3 Definitions Parking Lot, Off-Premise: A hard-surfaced area not located in the public rights-of- way, is designated for the parking of vehicles, and which meets all of the following standards: A. The off-premise parking lot shall be incidental and subordinate to a permitted use and located on a lot within 300’ of the principal use it serves; B. The off-premise parking lot shall be owned and maintained by the property owner of the principal use it serves; C. No vehicle or outside storage of any kind shall be permitted in, or on, the off - premise parking lot; and D. A site plan shall be reviewed and approved prior to the installation of an off -premise parking lot. Section 2. That Title 16 of the City of Dubuque Code of Ordinances, Unified Develop- ment Code Chapters 16-5-11 C-2 Neighborhood Shopping Center and 16-5-13 C-3 Gen- eral Commercial, are hereby amended as follows: 16-5-11-3 Accessory Uses - Off-Premise Parking Lot 16-5-13-3 Accessory Uses - Off-Premise Parking Lot Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Ad- visory Commission of the City of Dubuque, Iowa. Section 4. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 15th day of July 2024. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 2. Locust Street Parking Ramp Repairs Project Public Hearing : Motion by Roussell to receive and file the documents and adopt Resolution No. 230-24 Approval of plans, spec- ifications, form of contract, and estimated cost for the Locust Street Parking Ramp Re- pairs Project. Seconded by Farber. Transit Director Ryan Knuckey responded to ques- tions from council. Motion carried 7-0. RESOLUTION NO. 230-24 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI- MATED COST FOR THE LOCUST STREET PARKING RAMP REPAIRS PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached plans, specifications, form of contract and estimate of total cost for the Locust Street Parking Ramp Repairs Project in the estimated amount $250,000.00, are hereby approved. Passed, approved, and adopted this 15th day of July 2024. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk 3. Jefferson Park Retaining Wall Project construction plans and specifications and es- timated base bid amount of $85,800.00 and estimated cost amount of Plain Faced Wall of $220,700.00 or estimated cost amount of Textured Faced Wall of $233,200.00 : Motion by Jones to receive and file the documents and adopt Resolution No. 231.24 Approval Of plans, specifications, and estimated cost for the Jefferson Park Retaining Wall Replace- ment Project. Seconded by Sprank. Leisure Services Director Marie Ware responded to questions from Council. Motion carried 7-0. RESOLUTION NO. 231-24 APPROVAL OF PLANS, SPECIFICATIONS, AND ESTIMATED COST FOR THE JEF- FERSON PARK RETAINING WALL REPLACEMENT PROJECT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: That the proposed, plans, specifications and estimated costs for the Jefferson Park Retaining wall Replacement Project in the estimated base bid amount of $85,800.00 and estimated cost amount of Plain Faced Wall of $220,700.00 or estimated cost amount of Textured Faced Wall of $233,200.00 are hereby approved. Passed, approved, and adopted this 15th day of July 2024. Brad M. Cavanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk PUBLIC INPUT Citizens spoke on these topics; suicide prevention awareness, and asbestos and con- tract concerns for Action item No. 2. ACTION ITEMS 1. Greater Dubuque Development Corporation - Quarterly Update: Motion by Resnick to receive and file and listen to an abbreviated version of the presentation. Seconded by Sprank. Rick Dickinson, President and CEO of Greater Dubuque Development Corpora- tion (GDDC) provided an update and a 2023 -2024 Annual Report: 40 years of Greater Dubuque Development Corp. booklet. Motion carried 7-0. 2. 3000 Jackson, Dubuque Brewing and Malting Building Update : Motion by Roussell to receive and file the documents and approve . Seconded by Farber. City Manager providing a status report and an amended recommendation based on information re- ceived just prior to the meeting. Housing and Community Development Director Alexis Steger and City Attorney Crenna Brumwell responded to citizen questions brought up in the Public Input portion of the agenda as well as questions from the Council. Amended motion by Roussell to receive and file documents. Seconded by Farber. Motion carried 7- 0. 3. Work Session Request: Imagine Dubuque Update : Motion by Jones to receive and file the documents and schedule the work session for August 19, 2024, at 5:30 p.m. Se- conded by Roussell. Motion carried 7-0. COUNCIL MEMBER REPORTS Mayor Cavanagh read the below statement as a call to action for all citizen to practice civility during this time in our nation’s history and at all times. There are moments in American history when we as citizens have the obligation to pause, reflect, and choose a path ahead that best serves our Democratic Republic. This weekend, we have experienced one of those moments with the attempted assassination of former President Donald Trump. Let me first say that I along with my colleagues of the Dubuque City Council wish Pres- ident Trump a speedy recovery, and we are keeping him and his family in our thoughts and prayers. I also want to recognize and thank the many elected and appointed public servants in our country - from President Biden to former President Trump himself, and onto our rep- resentatives at our local, state, and national levels - who have made genuine and heartfelt calls for civility, calm, and unity in the weeks and months ahead. I implore all of our elected and appointed leaders to keep this focus at this challenging and pivotal time. Tonight, I want to take these calls for unity and civility one step further, and speak directly to the people of Dubuque, Iowa. It's easy to look at moments like this and quickly become paralyzed by the gravity and difficulty of the situation. It is unders tandable that one's reaction may be, “What can I do? I'm just one person living here in a city on the Mississippi.” Thankfully, this is one of those moments where our actions matter. What we all choose to do next, right here where we live, will shape the future of our country. We are all on the same team. We are human beings, we are Americans, we are Io- wans, and we are Dubuquers. We have a direct impact on the success of our community and our country through the way we treat each other. How we speak to each other, how we write to each other, how we write about each other on social media, how we listen, how we interact and how we show civility and re- spect… We control each and every one of these things. We may disagree and that is healthy for democracy. When we argue about ideas we must learn from one another. But when arguing and disagreements reach the point of incivility, when we are no longer listening to one another or respecting one another, and when we have. resorted to violence, we have gone too far. The solution to this national problem begins right here where we live together. When we live in a city of just under 60,000 people, we have a unique opportunity to get to know each other, interact with our neighbors and fellow Dubuquers every day, and solv e our challenging problems together. As a country, we have lost our way. As people living in Dubuque and places like it, we have the solution. I encourage all of us to recommit ourselves to unity. We have what it takes to be respectful, have an open mind, and really listen to each other. We c an find common ground and work together. We do these things every day in many parts of our lives. We can recommit to doing them more and we must DEMAND that our leaders do the same. This includes the members of the City Council sitting right here, and the City of Dubu- que workers who served you every day. On behalf of my colleagues, tonight, we recommit to you that we will continue to serve this community with respect, civility, openne ss, trans- parency, and kindness in the spirit of true public service, I know each of us in the community has what it takes to find the right path forward for our city, our state, and our country. Thank you, everyone, for doing your part to once again make us a truly United States of America. Council Member Jones reported speaking at a Q Casino grand opening and reminded citizens to check out the time capsule in Washington Park as the anniversary of the time capsule is approaching. Council Member Farber reported participating in an FCC conference at Google Head- quarters with the National League of Cities and thanked the Mayor for his profound words and stated that we all should thank the Dubuque Police Department for protecting all Dubuquers so that we are safe to say what we want. Council Member Roussell reported attending a Habit for Humanities event where “Sheep On The Go” provided a demonstration of grass mowing. Council Member Resnick reported on attending the Tri State Wind concert. CLOSED SESSION Motion by Jones to convene in closed session at 8:02 p.m. to discuss Pending Litiga- tion and Purchase or Sale of Real Estate – Chapter 21.5(1)(c),(j) Code of Iowa. Seconded by Russell. 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 9:52 p.m. stating that staff had been given proper direction. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 9:53 p.m. /s/Trish L. Gleason, MMC, Assistant City Clerk