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Proof_City Council Proceedings 5 17 21City of Dubuque Consent Items # 1. City Council Meeting ITEM TITLE: Minutes and Reports Submitted SUMMARY: SUGGESTED DISPOSITION: ATTACHMENTS: Description Copyrighted June 21, 2021 City Council Proceedings of 6/7; City Council Compensation Task Force of 6/9; Library Board of Trustees of 4/22; Zoning Advisory Commission of 6/2; Zoning Board of Adjustment of 5/27; Proof of Publication for City Council Proceedings of 5/17 and 5/19; Proof of Publication for List of Claims and Summary of Revenue for Month Ending 4/30. Suggested Disposition: Receive and File City Council Proceedings of 6/7/21 City Council Compensation Task Force Minutes of 6/9/21 Library Board of Trustees Minutes of 4/22/21 Zoning Advisory Commission Minutes of 6/2/21 Zoning Board of Adjustment Minutes of 5/27/21 Proof of Publication for City Council Proceedings of 5/17/21 Proof of Publication for City Council Proceedings of 5/19/21 Proof of Publication for List of Claims / Summary of Revenues for Month Ending 4/30/21 Type Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION 1, Kathy Goetzinger, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: 05/29/2021 and for which the charge is 530.05 Subsc(r"ibed to bef� me, a Notary Jic in and for Dubuque County, Iowa, this lst day of June, 2021 Not blic in and for Dubuque County, Iowa. JANET K. PAPE isslon Number 19'91859 Comm My Conl!m� Exp- DEC 11, 21022 Ad text CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:30 p.m. on May 17, 2021. Due to the COVID-19 pandernic and mandates for social distancing, this meeting was conducted virtually via GoToMeeting and aired live on CityChannel Dubuque (Mediacom cable channels 8 and 117.2), streamed live on the Citys website at www.cityofdubuque.org/media, and streamed live on the Citys Facebook page at www.facebook.con-t/cityofdubuque. Present: Mayor Buol; Council Members Cavanagh, Farber, Jones, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attorney Brumwell. Mayor Buol 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 quarterly Sustainable Dubuque update. WORK SESSION SUSTAINABLE DUBUQUE QUARTERLY WORK SESSION Sustainable Community Coordinator Gina Bell introduced Abby Willis and David Shimek of Green Iowa AmeriCorps, who provided a presentation on recent Green Iowa AmeriCorps (GIA) initiatives. Topics included: - Free Home Energy Audits - Weatherization - Energy Saver Kits (ESKs) - Education Events - Community Outreach - Community Impact: Community Services - Community Impact: Energy Services - Partners - GIA in Action Ms. Bell then introduced Michaela Freibruger, of the Dubuque County Energy District, who provided a presentation. Topics included: - Active Iowa Energy Districts - About the Energy District - How the District Works - What the Energy District Does - 2021 DBQCOED Focus - Energy District Updates - The Future - Renter Energy Toolkit - Renter Storycollecting The presenters responded to questions from the City Council following their respective presentations. There being no further business, Mayor Buol declared the meeting adjourned at 6:16 p.m. /s/Adrienne N. Breitfelder City Clerk lt 5/29 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on May 17, 2021. Due to the COVID-19 pandemic and mandates for social distancing, this meeting was conducted virtually and aired live on CityChannel Dubuque (Mediacom cable channels 8 and 117.2), streamed live on the City's website at www.cityofdubuque.org/media, and streamed live on the City's Facebook page at www.facebook.com/cityofdubuque. Present: Mayor Buol; Council Members Cavanagh, Farber, Jones, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attorney Bramwell Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PRESENTATION(S) 1. Women's Leadership Network - Woman of Achievement Awards: Julie Kronlage, of the Women's Leadership Network, recognized the following City of Dubuque employee nominees and award recipients of the Women of Achievement Awards: Cori Burbach; Mary Rose Corrigan; Jennifer Larson; Alexis Steger; Nicole Salazar; and Arielle Swift. The Public Information Office showed a brief video summarizing the achievements of the nominees and award recipients. PROCLAMATION(S) 1. Mental Health Month Proclamation (May 2021) was accepted by Vicki Gassman on behalf of Mental Health America of Dubuque County. 2. Peace Officers Recognition Week Proclamation (May 16 - May 22, 2021) was accepted by Assistant Police Chief Jeremy Jensen on behalf of the City of Dubuque Police Department. 3. Asian American and Pacific Islander (AAPI) Day Against Bullying and Hate Proclamation (May 18, 2021) was accepted by Art Roche and Marlynn Livai on behalf of Inclusive Dubuque and the Pacific Islander Health Project. 4. Emergency Medical Service Week Proclamation (May 16 - May 22, 2021) was accepted by Sam Janecke, Emergency Medical Services (EMS) Supervisor, on behalf of the EMS Teams. CONSENTITEMS Tim Johnstad, 1255 Southern Ave., requested Item No. 19 be held for separate discussion. Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated, except for Item No. 19. Seconded by Jones. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 5/3; Community Development Advisory Commission of 4/21; Housing Commission of 4/27; Library Board of Trustees of 3/20, 3/22, 3/24, and 3/25; Zoning Advisory Comn-fission of 515; Zoning Board of Adjustment of 4/22; Proof of Publication for City Council Proceedings of 4/19. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Bruce Murphy for property damage. Upon motion the documents were received, filed, and referred to the City Attorney. 3. Disposition of Claims: City Attorney advised that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Bruce Murphy for property damage. Upon motion the documents were received, filed, and concurred. 4. Approval of City Expenditures: City Manager recommended City Council approval for payment of City expenditures. Upon motion the documents were received and filed, and Resolution No. 154-21 Authorizing the Director of Finance and Budget/City Treasurer to make certain payments of bills that must be paid and approved for payment in accordance with City procedures was adopted. 5. Hiring Clerk for Bus Fare Sales and Parking Backup at Intermodal Facility: City Manager recommended authorization to hire a part-time Confidential Account Clerk to facilitate bus pass sales and Parking Account clerk duties. Upon motion the documents were received, filed and approved. 6. March 31, 2021 Quarterly Investment Report: City Manager transmitted the March 31, 2021 Quarterly Investment Report. Upon motion the documents were received and filed. 7. Proceedings to Complete Action on Issuance of $27,995,000 Tax -Exempt General Obligation Bonds, Series 2021A and $12,535,000 Taxable General Obligation Bonds, Series 202IB: City Manager recommended approval of the suggested proceedings to complete the action required on the recent Series 2021A and Series 2021B General Obligation Bonds. Upon motion the documents were received and filed, and Resolution No. 155-21 Appointing Paying Agent, Bond Registrar, and Transfer Agent, Approving the Paying Agent and Bond Registrar and Transfer Agent Agreement and Authorizing the Execution of the Agreement; Resolution No. 156-21 Authorizing and providing for the issuance, and levying a tax to pay the Bonds; Approval of the Tax Exemption Certificate and Continuing Disclosure Certificate; Resolution No. 157-21 Appointing Paying Agent, Bond Registrar, and Transfer Agent, Approving the Paying Agent and Bond Registrar and Transfer Agent Agreement and Authorizing the Execution of the Agreement; and Resolution No. 158-21 Authorizing and providing for the issuance, and levying a tax to pay the Bonds; Approval of the Continuing Disclosure Certificate were adopted. 8. Plat of Survey of Vize Place #2: Zoning Advisory Commission recommended approval of the Plat of Survey of Vize Place #2, subject to waiving the lot frontage requirement for Lot 1. Upon motion the documents were received and filed, and Resolution No. 159-21 Approving the Plat of Survey of: Vize Place #2, Dubuque County, Iowa was adopted. 9. Pre -annexation Agreement - Joseph R. and Kelly L. Pregler: City Manager recommended approval of a Pre -Annexation Agreement with Joseph R. and Kelly L. Pregler, for property located at 10829 Cascade Drive, in conjunction with their request to connect to City water. Upon motion the documents were received and filed, and Resolution No. 160-21 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Joseph R. and Kelly L. Pregler was adopted. 10. Pre -annexation Agreement - Daved C. and Cheryl A. Peacock: City Manager recommended approval of a Pre -Annexation Agreement with Daved C. and Cheryl A. Peacock, for property located at 9607 Monticello Drive, in conjunction with their request to connect to City water. Upon motion the documents were received and filed, and Resolution No. 161-21 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Daved C. and Cheryl A. Peacock was adopted. 11. Appointment of Liaison to the Airport Zoning Advisory Commission: Zoning Advisory Commission recommended approval to appoint Rebecca Kemp and Matthew Mulligan as the Zoning Advisory Commission liaisons to the Airport Zoning Advisory Commission. Upon motion the documents were received, filed and approved. 12. Appointment of Liaison to theAirport Zoning Board of Adjustment: Zoning Board of Adjustment recommended approval to appoint Gwen Kosel and Matt Mauss as the Zoning Board of Adjustment liaisons to the Airport Zoning Board of Adjustment. Upon motion the documents were received, filed and approved. 13. Intent to Apply for 2021 BJA Bulletproof Vest Partnership: City Manager recommended approval to apply for a 2021 BJA Bulletproof Vest Partnership in the amount of $14,892.50, which is 50% of the cost of the body armor. Upon motion the documents were received, filed and approved. 14. Restaurant Revitalization Fund Postcard: City Manager provided a copy of the Restaurant Revitalization Fund public information postcard. Upon motion the documents were received and filed. 15. 2021 - Q2 Update on Childcare Challenges and Collaborations: City Manager transmitted a quarterly update on the status of collaboration efforts among partners in Dubuque to address a need for sufficient quality, affordable childcare options in the community. Upon motion the documents were received and filed. 16. City Support of Woodward Communication's Application for Historic Preservation Tax Credits: City Manager recommended approval of a resolution supporting an application for Historic Preservation Tax Credits by Woodward Communications, Inc. to the Iowa Economic Development Authority, the Iowa Department of Cultural Affairs, and the National Park Service for redevelopment of the property at 801 Bluff Street. Upon motion the documents were received and filed, and Resolution No. 162-21 Supporting the filing of an application by Woodward Communications, Inc. with the Iowa Economic Development Authority, the Iowa Department of Cultural Affairs, and the National Park Service for Historic Preservation Tax Credits for the redevelopment of 8 10 Bluff Street in the City of Dubuque, Iowa was adopted. 17. FY21 and FY22 Community Development Block Grant (CDBG) Approval of Agreements with the Four Mounds Foundation: City Manager recommended approval of the Community Development Block Grant (CDBG) Agreements with Four Mounds Foundation for part of the Leisure Services Four Mounds Adventure Day Camp Program. Upon motion the documents were received, filed and approved. 18. Agreement with Royal Oaks Development Corporation Cedar Ridge Commercial Park - Cedar Cross Road: City Manager recommended approval of an Agreement with Royal Oaks Development Corporation for offsite improvements related to the Cedar Ridge Commercial Park subdivision located on the east side of Cedar Cross Road between Starlite Drive and Crescent Ridge. Upon motion the documents were received and filed, and Resolution No. 163-21 Approving an Agreement for construction of certain off -site public roadway (Cedar Cross Road) and sanitary sewer improvements related to the Cedar Ridge Commercial Park Subdivision on Cedar Cross Road between the City of Dubuque, Iowa and Royal Oaks Development Corporation was adopted. 19. Signed Contract(s): Strand Associates, Inc. for Catfish Creek Old Mill Road Sanitary Sewer Pumping Station and Force Main Design Services. Mr. Johnstad spoke about his concern of not being contacted as a property owner about the sewer pumping station planned for the property. City Engineer Gus Psihoyos stated that the Engineering Department is early in the process for the sewer pumping station and that other potential areas for the sewer pump are being explored. Mr. Psihoyos stated that his department will be meeting with Mr. Johnstad next week. Responding to a question from the City Council, City Manager Van Milligen stated that City Council is voting tonight to acknowledge that he has already signed the contract with Strand Associates, Inc. Motion by Jones to receive and file the documents. Seconded by Farber. Motion carried 7-0. 20. Acknowledgement of Iowa Communities Assurance Pool (ICAP) Settlement of Simon vs. City of Dubuque and Dalsing: City Attorney recommended acknowledgement of the settlement release provided by the Iowa Communities Assurance Pool (ICAP) in the Simon vs. City of Dubuque and Dalsing lawsuit. Upon motion the documents were received, filed and acknowledged. 21. Problem Property Assessment: adoption of a resolution authorizing the City to certify problem property charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. Upon motion the documents were received and filed, and Resolution No. 164-21 Authorizing the City to Collect Delinquent Problem Property Charges in accordance with 14-IJI International Property Maintenance Code Section 106.5 and/or Section 109.5 Code of Ordinances of the City of Dubuque, Iowa was adopted. 22. Grass and Weed Cutting and Garbage Collection Assessments: City Manager recommended adoption of a resolution authorizing the City Clerk to certify grass and weed cutting and garbage collection charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. Upon motion the documents were received and filed, and Resolution No. 165-21 Authorizing the City to collect delinquent grass and weed cutting and garbage collection charges in accordance with Title 6-4-3A and Title 6-8-2 of the Code of Ordinances of the City of Dubuque, Iowa was adopted. 23. Fiscal Year 2020 Housing & Urban Development (HUD) Continuum of Care Program Agreement: City Manager recommended approval of an agreement with the Iowa Balance of State and the U.S. Department of Housing & Urban Development (HUD) for the administration of the Continuum of Care Special Needs Assistance Program (SNAP) in the amount of $90,583. Upon motion the documents were received and filed, and Resolution No. 166-21 Approving the Continuum of Care Grant Agreement and authorizing the Director of Housing and Community Development and the City Manager to execute and administer the grant was adopted. 24. Approval and Submission of Annual Public Housing Agency (PHA) Plan: City Manager recommended approval of the submission of the Annual Public Housing Agency Plan along with the Certification of Consistency with the Consolidated Plan to the U.S. Department of Housing and Urban Development. Upon motion the documents were received and filed, and Resolution No. 167-21 Authorizing the Mayor to execute the certification by State or Local Office of Public Housing Agency (PHA) Plans Consistency with the Consolidated Plan and approval of the PHA Annual Plan was adopted. 25. Proposed Amendment to Master Co -Location and Shared Services Agreement Between the City of Dubuque and Interstate Power and Light: City Manager recommended approval of an Amendment to the Master Co -Location and Shared Services Agreement with Interstate Power and Light (IPL) for installation of a shared fiber conduit route within the City of Dubuque. Upon motion the documents were received, filed and approved. 26. Proposed Conduit License Agreement between City of Dubuque and Iowa Department of Transportation and Proposed Amendment to Master Co Location and Shared Services Agreement Between the City of Dubuque and Wisconsin Independent Network: City Manager recommended approval of two interrelated actions. The first is -approval to enter into a Conduit License Agreement with the Iowa Department of Transportation for the use of a two-inch fiberoptics conduit on the Julien Dubuque Bridge. The second is approval of an Amendment to an existing Master Co -Location and Shared Services Agreement between the City of Dubuque and Wisconsin Independent Network (WIN). Upon motion the documents were received, filed and approved. 27. Proposed Amendment to Master Co -Location and Shared Services Agreement Between the City of Dubuque and Unite Private Network: City Manager recommended approval of an Amendment to the Master Co -Location and Shared Services Agreement between the City of Dubuque and Unite Private Network (UPN). Upon motion the documents were received, filed and approved. 28. Master Co -Location and Shared Services Agreement Between the City of Dubuque and Dubuque County: City Manager recommended approval of a Master Co -Location and Shared Services Agreement between the City of Dubuque and Dubuque County for Fiber Optic Cable and Conduit in the Greater Dubuque Region. Upon motion the documents were received, filed and approved. 29. Adoption of Code of Ordinances Supplement No. 2021 S-3: City Clerk recommended adoption of Supplement No. 2021 S-3 to the City of Dubuque Code of Ordinances that codifies Ordinances Nos. 52-20 and 1-21 through 10-21. Upon motion the documents were received and filed, and Resolution No. 168-21 Adopting Supplement No. 2021 S-3 to the Code of Ordinances of the City of Dubuque, Iowa was adopted. 30. Alcohol and Tobacco License Applications: City Manager recommended approval of annual liquor, beer, wine and tobacco license applications as submitted. Upon motion the documents were received and filed, and Resolution No. 169-21 Approving applications for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits and Resolution No. 170-21 Approving applications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa Code Chapter 453A.47A was adopted. ITEMS SET FOR PUBLIC HEARING Motion by Resnick to receive and file the documents, adopt the resolutions, and set the public hearings as indicated. Seconded by Roussell. Motion carried 7-0. 1. Bee Branch Railroad Culvert Trail Project: CIP #3401654, Project #4XO039 and CIP #7201654, Project #8XO144: City Manager recommended initiation of the public bidding procedure for the Bee Branch Railroad Culvert Trail Project, and further recommends that a public hearing be set for June 7, 2021. Upon motion the documents were received and filed, and Resolution No. 171-21 Bee Branch Railroad Culvert Trail Project: Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 7, 2021 conducted virtually. 2. Fire Station 6 External Stairwell Addition Project Request to Initiate Construction Bidding - CIP: 350-2706: City Manager recommended initiation of the public bidding procedure for the Fire Station 6 External Stairwell Addition Project, and further recommended that a public hearing be set for June 7, 2021. Upon motion the documents were received and filed, and Resolution No. 172-21 Fire Station 6 External Stairwell Addition Project: preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 7, 2021 conducted virtually. 3. Jule Public Hearing Iowa Department of Transportation's Consolidated Funding Application: City Manager recommended the City Council schedule a public hearing for June 21, 202 1, on the Jules Iowa Department of Transportation Consolidated Funding Application. Upon motion the documents were received and filed, and Resolution No. 173-21 Setting the date for a public hearing on Iowa DOT Consolidated Funding Application was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 21, 2021 conducted virtually [Due to the ongoing COVID-19 pandemic, the City Council will meet virtually through GoToMeeting. The official agenda will be posted on Friday prior to the meeting and will contain listening, viewing, and public input options. The City Council agenda can be accessed at https://cityofdubuque.novusagenda.com/AgendaPublic/ or by contacting the City Clerk's Office at 563-589-4100, ctyclerk@cityofdubuque.org.] BOARDS/COMMISSIONS Appointments were made to the following commission at this meeting. 1. Zoning Advisory Commission: One, 3-Year term through July 1, 2023 (Vacant term of Smith). Applicant: Teri Zuccaro, 1765 Plymouth Ct. This conunission is subject to the State of Iowa Gender Balance Law. 7 Commissioners total; currently 3 males/3 females/l opening. Motion by Cavanagh to appoint Ms. Zuccaro to the 3-year term through July 1, 2023. Seconded by Resnick. Motion carried 7-0. PUBLIC HEARINGS 1. Request to Rezone 3049 Asbury Road - Traditional Zoning Request: Proof of publication on notice of public hearing to consider approval of a request from Drew Siegert to rezone property located at 3049 Asbury Road from C-2 Neighborhood Shopping Center to C-3 General Commercial, and Zoning Advisory Commission recommended approval. 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 Resnick. Planning Services Manager Wally Wernimont provided a staff report. Stan Irwin, 2140 Judson Dr., spoke in opposition to the rezoning request, expressing concern that nearby properties may request the same type of rezoning. Mr. Wernimont stated that conditional rezonings are rare and are permitted by the state. Since the property is directly adjacent to residential properties, future rezoning is not likely to occur. City Council expressed their support of the Zoning Advisory Comniissions decision and stated that the conditional use rezoning was a good compromise. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 19-21 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 3049 Asbury Road from C-2 Neighborhood Commercial Shopping Center District to C-3 General Commercial District with conditions as established in the attached Memorandum of Agreement. Seconded by Resnick. Motion carried 7-0. 2. Agreement with Affordable Housing Network Inc. (AHNI) for Re -Development of Bishop Block, 90 Main Street: Proof of publication on notice of public hearing to consider City Council holding a public hearing on May 17, 2021 to solicit input for a development agreement with Affordable Housing Network Inc (AHNI) and approve the redevelopment agreement for 90 Main Street, and City Manager recommended approval. Motion by Cavanagh to receive and file the documents and adopt Resolution No. 174-21 Approving an Agreement with Affordable Housing Network, Inc. for the redevelopment of Bishop Block. Seconded by Jones. Housing and Community Development Director Alexis Steger and City Manager Van Milligen responded to questions from the City Council regarding the location of Bishop Blocks office, the City's procedure for loans, the City's business activities with Bishop Block, and the inclusion of Housing Choice Vouchers (HCVs) in the First Amendment to the Development Agreement. City Council expressed their support in the revitalization of the property. Motion carried 7-0. PUBLIC INPUT Due to the COVID-19 pandernic and mandates for social distancing, public input was made available through GoToMeeting chat function, City Council and City Clerk email accounts. Ethain Carin, 1755 Avoca, and Brittany Krapfl, 993 Patricia Ann Dr., requested City Council repeal the Citys Face Covering Ordinance. TJ Weber, 755 Mount Carmel Rd., was unable to speak due to audio issues, but submitted a comment in the GoToMeeting chat stating his concurrence with Mr. Carin and Ms. Krapfls comments regarding the Face Covering Ordinance. ACTION ITEMS 1. COVID-19 Update and City Council Face Covering Ordinance Discussion: Mary Rose Corrigan, Public Health Specialist for the City of Dubuque, provided an update on the COVID-19 pandemic and response activities as part of the City Council's discussion of the City's Face Covering Ordinance. Motion by Cavanagh to receive and file the information, listen to the presentation, and refer to the City Council. Seconded by Farber. Ms. Corrigan provided a power point presentation. Topics included: - Incident Management Team (IMT) - New COVID-19 Cases - COVID-19 Hospitalizations - Total Deaths Dubuque County - Vaccination Progress - Population over 18 Fully Vaccinated - Vaccine Breakthrough - Vaccine Community Education Face Covering Ordinance Face Covering Ordinance Considerations Responding to questions from the City Council, Ms. Corrigan stated that 47 % of Dubuque County residents are fully vaccinated and that the vaccination rate for adjacent counties should continue to be monitored. City Council collectively expressed their support of repealing the Citys Face Covering Ordinance. City Attorney Brumwell stated that the City Council could vote tonight to direct her to bring forth an ordinance repealing the City's current Face Covering Ordinance. Voting on the Ordinance must take place at a meeting, with public notice provided for the respective meeting. Ms. Brumwell stated that Wednesday, May 19 is the soonest that the City Council can meet. Council Member Cavanagh amended his motion to receive and file, view the presentation, and direct the City Attorneys Office to write a new ordinance repealing the City's Face Covering Ordinance, with the City Council meeting in special session on Wednesday, May 19, 2021 at 5:00 p.m. to consider passage of the ordinance, which would become effective upon publication. Seconded by Farber. Responding to a question about whether the Ordinance can be effective immediately, City Attorney Brumwell stated that State Code dictates that Ordinances are not effective until published in the local newspaper. City Clerk Breitfelder stated that she would work with the City Attorney to obtain the ordinance and submit it to the Telegraph Herald for publication as soon as possible after the May 19 meeting. Motion carried 7-0. 2. Public, Educational, and Government (PEG) Fund Expenditure for City Council Chambers Upgrade and City Council Hybrid Meeting Discussion: City Clerk and City Manager recommended approval of the Cable TV Commission recommendations for funding from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities in a not to exceed amount of $13,000 for the City of Dubuque. If funding is approved, it is further recommended that the City Council return to City Council Chambers in a hybrid meeting format on July 6, 2021. Motion by Cavanagh to receive, file and approve the funding request. Seconded by Jones. City Council Members expressed support in City Council meeting in -person and discussed the possibility of meeting in -person for the next City Council meeting. City Clerk Breitfelder stated that the July 6 meeting date was selected for the first hybrid City Council meetings based on the tentative implementation of the new technology in mid -June. Mayor Buol stated that City Council should abide by staffs recommendation to meet in -person on July 6, 202 1. Motion carried 7-0. 3. Amendment of City Ordinance 9-14-321.645: City Manager recommended amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14 Parking, Division 3 Municipal Parking Lots, Section 9-14-321.645 Meters, Time and Fee Schedule for Specific Lots. 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. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 20-21 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14 Parking, Division 3 Municipal Parking Lots, Section 9-14-321.645 Meters; Time and Fee Schedule for Specific Lots. Seconded by Roussell. Motion carried 7-0. 4. Moody's Investors Service Upgrade of Credit Rating on Water Enterprise Revenue Bonds: City Manager submitted the credit rating upgrade report from Moodys Investors Service on the outstanding water enterprise revenue bonds. Moodys Investors Service upgraded the Citys credit rating of A2 to Al on the water enterprise revenue bonds. Motion by Roussell to receive and file the documents. Seconded by Farber. Motion carried 7-0. 5. Tiffany Court - Lead Mine Sinkhole Subsidence Remediation Project: Approve Cooperative 28E Agreement with State of Iowa and approve Tiffany Court Mine Remediation Site Access Agreement: City Manager recommended City Council approval of a resolution authorizing the Mayor to execute a Cooperative 28E Agreement between the Iowa Department of Agriculture and Land Stewardship and the City of Dubuque, and the Property Owner Site Access Agreements to allow for the remediation and mitigation of the lead mine sinkhole subsidence that developed at 2784 and 2792 Tiffany Court. Motion by Roussell to receive and file the documents and adopt Resolution No. 175-21 Approving a Cooperative 28E Agreement with the Iowa Department of Agriculture and Land Stewardship and approving Property Owner Site Access Agreements for a project to remediate and mitigate the lead mine sinkhole subsidence at 2784 and 2792 Tiffany Court. Seconded by Resnick. City Council expressed support for the agreement and thanked staff for their work. Motion carried 7-0. 6. Revised Sidewalk Replacement Policy Proposal Related to Street Tree Impacted Sidewalks: City Manager recommended City Council approval of a revision to the sidewalk replacement policy related to street tree impacted sidewalk, which includes not assessing the abutting property owner for the sidewalk replacement caused by the former location of a City street tree effective May 17, 2021. Motion by Jones to receive and file the documents and approve the policy. Seconded by Cavanagh. City Council expressed support of the policy and that it addresses safety hazards. Motion carried 7-0. 7. Proposed Service Agreement with CGM, LLC for Provision of an Enrollment Portal and Customer Service System for Access to Federally Available Broadband Subsidies by Qualifying Dubuque Residents: City Manager recommended City Council approval of a service agreement with CGM, LLC that will create an improved opportunity for qualifying Dubuque residents to take advantage of Federally funded broadband internet subsidies. Motion by Jones to receive and file the documents and approve the agreement. Seconded by Cavanagh. Motion carried 7-0. 8. John F. Kennedy Road Sidewalks Discussion: City Clerk transmitted historical information about the John F. Kennedy Road sidewalks. Motion by Roussell to receive and file the information and refer to City Council. Seconded by Resnick. City Council discussed the history of City Council's policies on John F. Kennedy Road sidewalks and expressed support on moving forward with consideration of sidewalks and receiving information from City staff. Council Member Roussell amended the motion to receive and file the information and receive a staff update on costs for residents. Seconded by Resnick. Motion carried 7-0. 9. Request to Schedule Work Session - Childcare Challenges and Progress: City Manager requested the City Council schedule a work session for July 19, 2021 at 5:45 p.m. regarding childcare challenges and progress. Motion by Cavanagh to receive and file the documents and schedule the work session as recommended. Seconded by Resnick. No schedule conflicts were expressed. Motion carried 7-0. 10. Request to Schedule Work Session - Equity Plan Progress Report: City Manager requested the City Council schedule a work session for August 2, 2021 at 5:00 p.m. on the Equity Plan Progress Report. Motion by Cavanagh to receive and file the documents and schedule the work session as recommended. Seconded by Sprank. No schedule conflicts were expressed. Motion carried 7-0. 11. Request to Reschedule Work Session - Sustainable Dubuque Quarterly Update: City Manager requested the City Council move the August 16, 2021, Sustainable Dubuque Work Session to September 7, 2021 at 5:30 pm to accommodate a scheduling conflict. Motion by Cavanagh to receive and file the documents and schedule the work session as recommended. Seconded by Roussell. No schedule conflicts were expressed. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Roussell reported on her recent volunteer work with Dubuque Trees Forever and thanked Council Member Sprank for his help planting trees with other volunteers this past Saturday. CLOSED SESSION Motion by Jones to convene in closed session at 9:38 p.m. to discuss purchase or sale of real estate - Chapter 21.5(l),O) Code of Iowa. Seconded by Farber. Mayor Buol 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 Crenna Brumwell. Motion carried 7-0. Upon motion, the City Council reconvened in open session at 10: 14 p.m. stating that staff had been given proper direction. There being no further business, Mayor Buol declared the meeting adj ourned at 10: 15 p.m. /s/Adrienne N. Breitfelder City Clerk lt 5/29