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11 15 21 City Council Proceedings Official1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on November 15, 2021, in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6 th Street. 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 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. Dubuque Service Partnership and Vaccine Clinic Volunteer Appreciation Day (November 15, 2021) was accepted by Marie Zoromski, Director of the Senior Volunteer Program, on behalf of the Dubuque County Incident Management Team. 2. Pancreatic Cancer Awareness Day (November 18, 2021) was accepted by Diane Oglesby- Rambousek on behalf of the Michael W. Oglesby Foundation. 3. Small Business Saturday (November 27, 2021) was accepted by Dan Sullivan, Vice Pres- ident of Membership of the Dubuque Area Chamber of Commerce, on behalf of the Small Busi- ness Saturday Coalition and the Dubuque Area Chamber of Commerce. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Sprank. Motion carried 7 -0. 1. Minutes and Reports Submitted: City Council proceedings of 11/1; Arts and Cultural Affairs Commission of 9/07, 9/28, and 10/19; Investment Oversight Advisory Commission of 10/26; Library Board of Trustees Update of 10/28; Zoning Advisory Commission of 11/3; Proof of pub- lication for City Council proceedings of 10/4, 10/18, and 10/20; Proof of publication for List of Claims and Summary of Revenues for Month Ended September 30, 2021. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Anthony T. Cobbins for vehicle damage; Vanderloo and White Animal Hospital for property damage. Upon motion the documents were received, filed, and referred to the City Attorney. 3. Approval of City Expenditures: City Manager recommended City Council approval for pay- ment of City expenditures. Upon motion the documents were received and filed, and Resolution No. 390-21 Authorizing the Director of Finance and Budget/City Treasurer to make certain pay- ments of bills that must be paid and approved for payment in accordance with City procedu res was adopted. 2 RESOLUTION NO. 390-21 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 Whereas, Section 1-7-7(E) of the Municipal Code of the City of Dubuque provides that the Finance Director-City Treasurer shall keep an accurate account of all disbursements, money, or property, specifying date, to whom, and from what fund paid; and Whereas, the invoices, presented by those firms and persons providing such goods and ser- vices have been pre-audited by Finance Department personnel in accordance with generally accepted internal control procedures and have been determined to have been requisitioned for a lawful municipal purpose; and Whereas, the Finance Director-City Treasurer has provided a list of Expenditures attached hereto, and by this reference made a part hereof, to be drawn to pay for goods and services provided for City purposes; and Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142 -18 adopted May 7, 2018, authorized the Finance Director-City Treasurer to issue checks in pay- ment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA THAT: Section 1. The Finance Director-City Treasurer is hereby authorized to issue payment for goods and services provided for City purposes in response to the purchase orders and contracts issued in compliance with state and municipal code requirements as requested by designated requisitioning authorities in accordance with approved budget appropriations. Section 2. In accordance with Iowa Cod e Section 372.13(6), the City Clerk and Finance Di- rector are hereby authorized and directed to provide the statement of receipts and disburse- ments to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 15th day of November, 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. September 30, 2021 Quarterly Investment Report: City Manager transmitted the Septem- ber 30, 2021 Quarterly Investment Report. Upon motion the documents were received and filed. 5. Fiscal Year 2022 Detailed Budget for the Five Flags Civic Center: City Manager transmitted the Fiscal Year 2022 Budget for the Five Flags Civic Center. Upon motion the documents were received and filed. 6. Iowa Arts & Culture Marketing Grant Award (Iowa CARES Act) to Five Flags Civic Center: City Manager transmitted information related to the $11,300 Iowa Arts & Culture Marketing Grant Award to Five Flags Civic Center to support their work to advance arts and culture in Iowa. Upon motion the documents were received and filed. 7. Iowa Department of Cultural Affairs Iowa Arts & Culture Marketing Grant Application and Award: City Manager recommended acceptance of a $15,000 grant award from the Iowa De- partment of Cultural Affairs Arts & Culture Marketing Grant program to support an umbrella communications campaign to capture and brand the uniqueness of Dubuque’s creative and cul- tural assets, while emphasizing the safety protocols undertaken by the sector and 3 communicating out the City’s ongoing mitigation directives related to the COVID -19 pandemic. Upon motion the documents were received, filed, and approved. 8. Approval of Fiscal Year 2022 Contract Service Agreement with Hills & Dales Senior Center and Community Development Block Grant Agreement with Iowa State University Extension : City Manager recommended approval of the Fiscal Year 2022 contract service agreement for Hills & Dales Senior Center and Community Development Block Grant (CDBG) agreement with the Iowa State University (ISU) extension. Upon motion the documents were received, filed, and approved. 9. Americans for the Arts' Arts & Economic Prosperity 6 Partner Contract for Execution : City Manager recommended approval of the execution of the Americans for the Arts’ Arts & Eco- nomic Prosperity 6 Partner Contract. Upon motion the documents were received, filed, and ap- proved. 10. Iowa Department of Cultural Affairs' American Rescue Plan Arts Grants - Organizations Agreement for Execution: City Manager recommended approval of the Iowa Department of Cul- tural Affairs’ American Rescue Plan Arts Grants–Organization Grant Agreement and requested the City Council authorize the City Manager to ex ecute the grant agreement. Upon motion the documents were received, filed, and approved. 11. Arts & Culture Master Plan Community Engagement Public Information Brochure : City Manager provided a copy of the Arts & Culture Master Plan Community Engagement public information brochure. Upon motion the documents were received and filed. 12. Fiscal Year 2021 Grants Under the Route Planning Restoration Program : City Manager recommended approval to apply for the Fiscal Year 2021 Grants under the Route Planning Restoration Program. Upon motion the documents were received, filed, and approved. 13. Construction Contract for Bee Branch Healthy Homes Program: 1560 Iowa Street : City Manager recommended approval of the bid from Bel-Aire Home Improvement LLC in the amount of $165,634.80 for construction at 1560 Iowa Street. Upon motion the documents were received and filed, and Resolution No. 391-21 Awarding Bee Branch Healthy Homes Program Contract for 1560 Iowa Street Construction Project was adopted. RESOLUTION NO. 391-21 AWARDING BEE BRANCH HEALTHY HOMES PROGRAM CONTRACT FOR 1560 IOWA STREET CONSTRUCTION PROJECT Whereas, sealed proposals have been submitted by contractors for the 1560 Iowa Street Construction Project and Notice to Bidders published on the City of Dubuque, Iowa website and plan room service with statewide circulation on the 8th day of October 2021; and Whereas, said sealed proposals were opened and read on the 22nd day of October 2021 and it has been determined that Bel-Aire Home Improvement LLC of Platteville, WI, in the base bid amount of $165,634.80, 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 Bee Branch Healthy Homes Contract for the 1560 Iowa Street Construction Project, is hereby awarded to Bel-Aire Home Improvement LLC; and, Section 2. The City Manager is hereby directed to execute a Bee Branch Healthy Homes Contract on behalf of the City of Dubuque for the Project. 4 Passed, approved and adopted this 15th day of November 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 14. Signed Contract(s): Drew Cook & Sons Excavating Co. Inc. for the John F. Kennedy Water Main Extension - Forest Glen Ct. to Daisy Trail Project; Ferguson Waterworks for the Water Meter R900 Migration; McDermott Excavating Company for the South Gate Drive to Simpson Street Water Main Project. Upon motion the documents were received and filed. 15. Pre-Annexation Agreement - Jeffrey and Carolyn Burger: City Manager recommended approval of a Pre-Annexation Agreement with Jeffrey and Carolyn Burger, for property located at 9565 Monticello Drive in Dubuque County, in conjunction with their request to connect to City water. Upon motion the documents were received and filed, and Resolution No. 392-21 Approv- ing a Pre-Annexation Agreement between the City of Dubuque, Iowa and Jeffery and Carolyn Burger was adopted. RESOLUTION NO. 392-21 APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND JEFFERY AND CAROLYN BURGER Whereas, Jeffery and Carolyn Burger, the owner of the following described property located at 9565 Monticello Drive in Dubuque County, Iowa (the Property) have submitted to the City Council of the city of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: Lot 21 in “Kerrigan Road Heights” in Table Mound Township, Dubuque County, Iowa, ac- cording to the recorded plat thereof Whereas, Jeffery and Carolyn Burger has entered into a Pre-annexation Agreement with the City of Dubuque, a copy of which is attached hereto governing the future annexation of the Property; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in Dubu- que County, Iowa and the extension of city limits by voluntary annexation; and Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future orderly growth and development of the City of Dubu- que, and will promote efficient and cost-effective extension of municipal services; and Whereas, the City Council finds that the annexation of the Property is in the pu blic interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The Pre-annexation Agreement by and between Jeffery and Carolyn Burger and the City of Dubuque is hereby approved. Passed, approved, and adopted this 15th day of November, 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 16. Ambulance Billing Vendor - Selection Recommendation: City Manager recommended approval of the selection of Digitech Computer, LLC as the new Ambulance Billing V endor ef- fective January 1, 2022, and requests City Council approval to negotiate with Digitech for a contract. Upon motion the documents were received, filed, and approved. 5 17. Design of the Old Mill Road Lift Station and Force Main: City Manager recommended City Council authorization to release a Request for Proposals for the Design of the Old Mill Road Lift Station and Force Main. Upon motion the documents were received, filed, and approved. 18. Platting of City Property in Dubuque Industrial Center North First Addition: City Manager recommended approval of the Plat of Survey of Lot 1-C and Lot 2-C of Dubuque Industrial Cen- ter North First Addition in the City of Dubuque. Upon motion the documents were received and filed, and Resolution No. 393-21 Approving Plat of Survey of Lot 1-C and Lot 2-C Dubuque Industrial Center North First Addition, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 393-21 APPROVING PLAT OF SURVEY OF LOT 1-C AND LOT 2-C DUBUQUE INDUSTRIAL CEN- TER NORTH FIRST ADDITION, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 11th day of November, 2021, prepared by Origin Design, dividing and re -platting Lot C of Dubuque Industrial Center North First Addition in the City of Dubuque, Iowa, to be herein- after known as Lot 1-C and Lot 2-C of Dubuque Industrial Center North First Addition in the City of Dubuque, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the plat dated the 11th day of November, 2021, prepared by Origins Design, relative to the real estate hereinabove described be and the same is hereby approved, and th e Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 15th day of November, 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 19. Roadway Improvement Project Stoneman Road and JFK Road: City Manager recom- mended approval of a Development Agreement with developer GreenState Credit Union (GSCU) for the construction of public roadway improvements at the intersection of Stoneman Road and JFK Road. Upon motion the documents were received and filed, and Resolution No. 394-21 Approving an Agreement for Construction of Roadway Improvements on Stoneman Road and JFK Road between the City of Dubuque, Iowa and GreenState Credit Union was adopted. RESOLUTION NO. 394-21 APPROVING AN AGREEMENT FOR CONSTRUCTION OF ROADWAY IMPROVEMENTS ON STONEMAN ROAD AND JFK ROAD BETWEEN THE CITY OF DUBUQUE, IOWA AND GREENSTATE CREDIT UNION Whereas, the City of Dubuque is party to an Agreement with GreenState Credit Union for construction of public roadway improvements on Stoneman Road and JFK Road; and Whereas, the City of Dubuque has determined that the project will require certain improve- ments to the public right of way and GreenState Credit Union agrees that such improvements are reasonable and necessary; and Whereas, the City of Dubuque has reviewed and approved the preliminary design and con- struction plans for said public roadway improvements as required by the Agreement; and 6 Whereas, GreenState Bank Credit Union has executed the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, 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 November, 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 20. 2021 Stumps/Sidewalks Project One: City Manager recommended acceptance of the construction contract for the 2021 Stumps/Sidewalks Project One, as completed by G & R Tree Service, in the final contract amount of $105,940.88. Upon motion the documents were received and filed, and Resolution No. 395-21 Accepting the 2021 Stumps / Sidewalks Project One and authorizing the payment to the contractor was adopted. RESOLUTION NO. 395-21 ACCEPTING THE 2021 STUMPS / SIDEWALKS PROJECT ONE AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the 2021 Stumps / Sidewalks Project One, (the Project) has been completed by the Contractor, G & R Tree Service, (Contractor), the City En- gineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $105,940.88; and Whereas, the Contractor has previously been paid $100,643.84, leaving a balance of $5,297.04; 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 her eby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $5,297.04 as provided in Iowa Code chapter 573, and to pay such retainage in accordance with the provisions of Iowa Code chapter 573 o r Iowa Code chapter 26.13. Passed, approved and adopted this 15th day of November 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE 2021 STUMPS / SIDE- WALKS PROJECT ONE The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 2021 Stumps / Sidewalks Project One has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $116,534.96. Dated this 8th day of November 2021. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 8th day of November 2021. /s/Adrienne N. Breitfelder, City Clerk 7 21. Mystique Community Ice Center: Floor Slab Void Filling, Lifting and Leveling Project - Acceptance of Public Improvement Project: City Manager recommended acceptance of the con- struction contract for the Mystique Community Ice Center Floor Slab Void Filling, Lifting and Leveling Project, as completed by URETEK USA Inc., in the final contract amount of $96,760.76, which is a 40.2% increase from the original contract amount of $69,000.00. Upon motion the documents were received and filed, and Resolution No. 396 -21 Accepting the Mystique Com- munity Ice Center Floor Slab Void Filling, Lifting and Leveling Project and authorizing the pay- ment to the contractor was adopted. RESOLUTION NO. 396-21 ACCEPTING THE MYSTIQUE COMMUNITY ICE CENTER FLOOR SLAB VOID FILLING, LIFTING AND LEVELING PROJECT AND AUTHORIZING THE PAYMENT TO THE CON- TRACTOR Whereas, the public improvement contract for the Mystique Community Ice Center Floor Slab Void Filling, Lifting and Leveling Project, (the Project) has been completed by the Contractor, URETEK USA Inc. of Tomball, Texas (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 $96,760.76; and Whereas, the Contractor has previously been paid $91,922.72, leaving a balanc e of $4,838.04; 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 app roved, and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $4,838.04 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 15th day of November 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF MYSTIQUE COMMUNITY ICE CENTER FLOOR SLAB VOID FILLING, LIFTING AND LEVELING PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Mystique Community Ice Center Floor Slab Void Filling, Lifting and Leveling Pro- ject has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $96,760.76. Dated this 9th day of November 2021. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 9th day of November 2021. /s/Adrienne N. Breitfelder, City Clerk 22. Abstract of Votes - 2021 General Election: City Clerk transmitted the Abstract of Votes for the November 2, 2021 General Election as certified by the Dubuque County Auditor. Upon motion the documents were received and filed. 23. Adoption of Code of Ordinances Supplement No. 2021 S -5: City Clerk recommended adoption of Supplement No. 2021 S-5 to the City of Dubuque Code of Ordinances that codifies 8 Ordinance Nos. 28-21 through 36-21. Upon motion the documents were received and filed, and Resolution No. 397-21 Adopting Supplement No. 2021 S-5 to the Code of Ordinances of the City of Dubuque, Iowa was adopted. RESOLUTION NO. 397-21 ADOPTING SUPPLEMENT NO. 2021 S-5 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance No. 43 -09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its entirety; and Whereas, since August 17, 2009, the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been prin ted as supplements to the Code of Ordinances; and Whereas, Section 380.8 of the Code of Iowa provides that supplements, by resolution, be- come part of the Code of Ordinances; and Whereas, Code Supplements are prepared by the American Legal Publishing of Cin cinnati, Ohio and filed in the Office of the City Clerk of the City of Dubuque, Iowa. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That Supplement No. 2021 S-5 to the City of Dubuque Code of Ordinances, which codifies Ordinance Nos. 27-21 through 36-21 as approved by the City Council through October 18, 2021, is hereby adopted and becomes part of the Code of Ordinances of the City of Dubu- que, Iowa. Passed, approved and adopted this 15th day of November, 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 24. Civil Service Commission - Certified List: 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. November 4, 2021 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 October 10, 2021. We, The Civil Service Commission, hereby certify that the individuals listed below have passed this written examina tion and the vacancy for this position should be made from this list and that this list is good until April 10, 2022. Police Officer 1. Allison Bailey; 2. Benjamin Berntgen; 3. Bradley Dodds; 4. Harlie Durr; 5. Joshua Jones; 6. Thomas Linkenheld; 7. Nicco Mazzanti; 8. Morgan McDowell; 9. Grant Ooms; 10. Capri Repinski; 11. Joshua Ryan; 12. Thomas Stark; 13. Christopher Wand; 14. Dave Weis III; 15. William Yeo III Respectfully Submitted, /s/Daniel White, Chairperson Civil Service Commission 25. Liquor License Renewals: City Manager recommended approval of annual beer, liquor and wine licenses as submitted. Upon motion the documents were received and filed, and Res- olution No. 398-21 Approving applications for beer, liquor, and/or wine permits, as required by 9 City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liq- uor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 398-21 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE- QUIRED 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 W hereas, applications for Beer, Liquor, and or W ine Permits have been submitted and filed with the City Council for approval, and the same have been examined, provisionally approved, and/or approved; and W hereas, 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 DUBU- QUE, IOW A THAT: New Applications Fox Den Motel, 920 Main St. Jacks Lounge, 1113 Main St. Renewals Barrel House Dubuque, 299 Main St. Big 10 Mart Car Wash, 1875 J.F. Kennedy Rd. Bridge Restaurant The, 31 Locust St. Grand Harbor Resort & Water Park, 350 Bell St. Hotel Julien Dubuque, 200 Main St. Kwik Stop 16th St #300, 1215 East 16th St. Kwik Stop #848, 3201 Central Ave. Skinny Maginny's, 345 Main St. Target Store T-0086, 3500 Dodge St. Your Pie, 806 Wacker Dr. Suite 100 Section 1. The City Clerk is hereby authorized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documenta- tion: Passed, approved, and adopted this 15th day of November 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 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 Farber. Motion carried 7-0. 1. 2021 Redistricting Plan for City Wards & Precincts: City Manager recommended the City Council set a public hearing for December 6, 2021, on the 2021 Redistrict Plan for City Wards and Precincts. Upon motion the documents were received and filed, and Resolution No. 399-21 Setting a Public Hearing on 2021 Redistricting Plan for the Wards & Precincts of the City of Dubuque, Iowa was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on December 6, 2021, in the Historic Federal Building. RESOLUTION NO. 399-21 10 SETTING A PUBLIC HEARING ON 2021 REDISTRICTING PLAN FOR THE WARDS & PRE- CINCTS OF THE CITY OF DUBUQUE, IOWA Whereas, after consultation with the Dubuque County Auditor’s Office, it has been deter- mined that the City of Dubuque is required to file a redistricting plan with the State; and Whereas, a redistricting plan must be approved by the City Council and submitted prior to January 3, 2022, or the Secretary of State will redraw the ward and precinct boundaries without City input, and assess the costs to the City; and Whereas, a redistricting plan must be approved by ordinance after a public hearing; and Whereas, the County Auditor must be given 7-10 days to comment on the plan. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: A public hearing will be held on the 6th day of December, 2021, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against for the proposed adoption of the 2021 Wards & Precincts Redistricting Plan and precinct agreement with Dubuque County, 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 Dubu- que, Iowa. Passed, approved, and adopted this 15th day of November 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Proceedings for Public Hearing on the Issuance of Not to Exceed $1,570,000, Water Rev- enue Capital Loan Notes (Interim Financing) State Revolving Funds, Planning and Design Loan Applications: City Manager recommended that a public hearing be set for December 6, 2021, on the proposition of selling not to exceed $1,570,000 in Water Revenue Capital Loan Notes (Interim Financing) State Revolving Loan Fund Program, the proceeds of which will be used to pay planning and design costs for Webber Property Water Distribution System Improvements Project. Upon motion the documents were received and filed, and Resolution No. 400-21 Fixing date for a meeting on the authorization of a Loan and Disbursement Agreement and the issu- ance of not to exceed $1,570,000 Water Revenue Capital Loan Notes of the City of Dubuque, Iowa, and providing for publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on December 6, 2021, in the Historic Federal Building. RESOLUTION NO. 400-21 FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AND DISBURSE- MENT AGREEMENT AND THE ISSUANCE OF not to exceed $1,570,000 WATER REVENUE CAPITAL LOAN NOTES OF THE City of Dubuque, IOWA, AND PROVIDING FOR PUBLI- CATION OF NOTICE THEREOF Whereas, it is deemed necessary and advisable that the City of Dubuque, Iowa should pro- vide for the authorization of a Loan and Disbursement Agreement and the issuance of Water Revenue Capital Loan Notes, in the amount of not to exceed $1,570,000, as authorized by Sections 384.24A and 384.83, Code of Iowa, as amended, for the purpose of providing funds to pay costs as hereinafter described; and Whereas, it is proposed that the City fund its costs on an interim basis under Section 76.13 of the Code of Iowa, anticipating in part, the future receipt of the proceeds of the issuance of said Water Revenue Capital Loan Notes; and Whereas, the City has applied for a loan through the Iowa Drinking Water State Revolving Fund Program pursuant to which the Iowa Finance Authorit y has agreed to purchase the City's 11 Notes and has requested that such Notes be issued as a single Note in a denomination equal to the total amount of the issue as authorized by Chapter 384, Code of Iowa; and Whereas, the Loan and Disbursement Agreement and Note shall be payable solely and only out of the Net Revenues of the Municipal Water System and shall be a first lien on the future Net Revenues of the Water Utility; and shall not be general obligations of the City or payable in any manner by taxation and the City shall be in no manner liable by reason of the failure of the Net Revenues to be sufficient for the payment of the Loan and Disbursement Agreement and Note; and Whereas, before a Loan and Disbursement Agreement may be authorized and Water Reve- nue Capital Loan Notes issued to evidence the obligation of the City thereunder, it is necessary to comply with the provisions of the Code of Iowa, as amended, and to publish a notice of the proposal and of the time and place of the meeting at which the Council proposes to take action for the authorization of the Loan and Disbursement Agreement and Notes and to receive oral and/or written objections from any resident or property owner of the City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That this Council meet in the Historic Federal Building, 350 West 6th Street, Dubu- que, Iowa, City of Dubuque, Iowa, at 6:30 o'clock p.M., on the 6th day of December, 2021, for the purpose of taking action on the matter of the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $1,570,000 Water Revenue Capital Loan Notes to evidence the obligations of the City thereunder, the proceeds of which will be used to provide funds to pay the costs of acquisition, construction, reconstruction, extending, remodeling, im- proving, repairing and equipping all or part of the Municipal Water System. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of s aid public meeting on the issuance of the Notes. Section 3. The notice of the proposed action shall be in substantially the [provided] form. Passed and approved this 15th day of November, 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Proceedings for Public Hearing on the Issuance of Not to Exceed $900,000, Sewer Reve- nue Capital Loan Notes (Interim Financing) State Revolving Funds, Planning and Design Loan Applications: City Manager recommended that a public hearing be set for December 6, 2021, on the proposition of selling not to exceed $900,000 in Sewer Revenue Capital Loan Notes (Interim Financing) State Revolving Loan Fund Program. Upon motion the documents were re- ceived and filed, and Resolution No. 401-21 Fixing date for a meeting on the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $900,000 Sewer Reve- nue Capital Loan Notes of the City of Dubuque, Iowa, and providing for publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on De- cember 6, 2021 in the Historic Federal Building. RESOLUTION NO. 401-21 FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AND DISBURSE- MENT AGREEMENT AND THE ISSUANCE OF not to exceed $900,000 SEWER REVENUE CAPITAL LOAN NOTES OF THE City of Dubuque, IOWA, AND PROVIDING FOR PUBLI- CATION OF NOTICE THEREOF 12 WHEREAS, it is deemed necessary and advisable that the City of Dubuque, Iowa should provide for the authorization of a Loan and Disbursement Agreement and the issuance of Sewer Revenue Capital Loan Notes, in the amount of not to exceed $900,000, as authorized by Sec- tions 384.24A and 384.83, Code of Iowa, as amended, for the purpose of providing funds to pay costs as hereinafter described; and WHEREAS, it is proposed that the City fund its costs on an interim basis under Section 76.13 of the Code of Iowa, anticipating in part, the future receipt of the proceeds of the issuance of said Sewer Revenue Capital Loan Notes; and WHEREAS, the City has applied for a loan through the Iowa Water Pollution Control Works Financing Program pursuant to which the Iowa Finance Authority has agreed to purchase the City's Notes and has requested that such Notes be issued as a single Note in a deno mination equal to the total amount of the issue as authorized by Chapter 384, Code of Iowa; and WHEREAS, the Loan and Disbursement Agreement and Note shall be payable solely and only out of the Net Revenues of the Municipal Sewer System and shall be a firs t lien on the future Net Revenues of the Sewer Utility; and shall not be general obligations of the City or payable in any manner by taxation and the City shall be in no manner liable by reason of the failure of the Net Revenues to be sufficient for the pa yment of the Loan and Disbursement Agreement and Note; and WHEREAS, before a Loan and Disbursement Agreement may be authorized and Sewer Rev- enue Capital Loan Notes issued to evidence the obligation of the City thereunder, it is necessary to comply with the provisions of the City Code of Iowa, as amended, and to publish a notice of the proposal and of the time and place of the meeting at which the Council proposes to take action for the authorization of the Loan and Disbursement Agreement and Notes and to receive oral and/or written objections from any resident or property owner of the City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That this Council meet in the Historic Federal Building, 350 West 6th Street, Dubu- que, Iowa, City of Dubuque, Iowa, at 6:30 o'clock P.M., on the 6th day of December, 2021, for the purpose of taking action on the matter of the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $900,000 Sewer Revenue Capital Loan Notes to evidence the obligations of the City thereunder, the proceeds of which will be used to provide funds to pay the costs of acquisition, construction, reconstruction, extending, remodeling, im- proving, repairing and equipping all or part of the Municipal Sewer System, including the Granger Creek Interceptor Project and the Force Main Stabilization Project. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeti ng on the issuance of the Notes. Section 3. The notice of the proposed action shall be in substantially the [provided] form. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. 2022 John F. Kennedy Road Sidewalk Installation Project: City Manager recommended City Council approval of the Resolution of Necessity, approval of the Preliminary Schedule of Assessments and establishing December 6 as the date of the public hearing for the 2022 John F. Kennedy Road Sidewalk Installation Project between Asbury Road and the Northwest Arte- rial. Upon motion the documents were received and filed and Resolution No. 402 -21 Necessity for the 2022 John F. Kennedy Road Sidewalk Installation Project; and Resolution No. 403-21 Approving the preliminary plats, schedule of assessments and estimate of total cost for the 2022 13 John F. Kennedy Road Sidewalk Installation Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on December 6, 2021 in the Historic Federal Building. RESOLUTION NO. 402-21 OF NECESSITY FOR THE 2022 JOHN F. KENNEDY ROAD SIDEWALK INSTALLATION PROJECT Whereas, the plat, preliminary schedule of assessments, and estimate of total cost for the 2022 John F. Kennedy Road Sidewalk Installation Project have been duly pr epared and ap- proved by the City Council of the City of Dubuque and ordered placed on file in the office of City Clerk. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: The 2022 John F. Kennedy Road Sidewalk Installation Project will provide: Installation of sidewalks along John F. Kennedy Road from Asbury Road to the NW Arterial in areas sidewalks do not exist. Installation of 3884 LF of 4’ wide concrete sidewalk Installation of 1164 SF of retaining wall at 7 locations Installation of new ADA pedestrian access ramps at street intersections Restoration of disturbed areas with seed, fertilizer and mulch There is on file in the office of the City Clerk an estimated total cost of the work, and a pre- liminary plat and schedule showing the amount proposed to be assessed to each lot for the improvement. The Council will hear property owners subject to the assessment and interested parties for or against the improvement, its cost, the assessment, or the boundaries of the district on the 6th of December, 2021 at 6:30 p.m. at the Historic Federal Building Council Chambers, 350 West 6th Street, Dubuque, Iowa. That the City Council deems it advisable and necessary for the public welfare to make the herein mentioned improvements. Unless a property owner files objections with the City Clerk at the time of hearing on the resolution of necessity, the property owner is deemed to have waived all objections pertaining to the regularity of the proceeding and the legality of using the special assessment procedure. Said improvements shall be constructed in accordance with the plans and specifications which have been approved by the City Council and are now on file in the Office of the City Clerk. The cost of making such improvement will be assessed against property lying with the assess- ment limits. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 15th day of November 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 403-21 APPROVING THE PRELIMINARY PLATS, SCHEDULE OF ASSESSMENTS AND ESTI- MATE OF TOTAL COST FOR THE 2022 JOHN F. KENNEDY ROAD SIDEWALK INSTAL- LATION PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the attached preliminary plats, schedule of assessments, and estimate of total cost for the 2022 John F. Kennedy Road Sidewalk Installation Project are hereby approved. Passed, approved and adopted this 15th day of November, 2021. Roy D. Buol, Mayor 14 Attest: Adrienne N. Breitfelder, City Clerk BOARDS/COMMISSIONS Appointments were made to the following boards/commissions. i. Civic Center Advisory Commission - Rescheduled from November 1, 2021, City Council Meeting. Two, 3-Year terms through June 29, 2024 (Expired terms of Daugherty and Parks). Applicants: Brenda Christner, 655 Florence St.; Tyler Daugherty, 6527 N. Wilshire Ln.; Bryce Parks, 2770 Van Buren Ave. Upon roll call vote, Mr. Daugherty and Mr. Parks were appointed to the two 3-year terms through June 29, 2024. Mr. Daugherty and Mr. Parks received all 7 votes, respectively. ii. Resilient Community Advisory Commission: One, 3-Year term through July 1, 2024 (Vacant term of Booth). Applicant: Katharine Connolly, 205 Bryant Street. Motion by Roussell to appoint Ms. Connolly to the three-year term through July 1, 2024. Seconded by Cavanagh. Motion car- ried 7-0. PUBLIC HEARINGS 1. Request to Rezone Property at Bies Drive: Proof of publication on notice of public hearing to consider City Council approval of a request from Dave Frommelt, American Realty, to rezone property located at Bies Drive from C-3c General Commercial zoning district with conditions to PR Planned Residential zoning district to allow for the development of a multi-family residential development, and Zoning Advisory Commission recommended approval. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be consid- ered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Sprank. Planning Services Manager Wally Wernimont pro- vided a staff report. Responding to questions from the City Council, Mr. W ernimont stated that the property owner will be required to install sidewalks and that all property owners within 200 feet of the property were notified of the rezoning request. Applicant Dave Frommelt, 995 Prince Phillip Dr., stated that he represented the developer and provided input on the removal of trees on the property and the access points for the property. Responding to a question from the City Council, Mr. Frommelt stated that the developer would need to confirm whether the apartments would be market rate. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 39-21 Amending Title 16 of the Unified Development Code of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at Bies Drive from C-3c General Commercial with condi- tions to PUD Planned Unit Development District with a PR Planned Residential District Desig- nation and adopting a Conceptual Development Plan for two 28 -unit multi-family residential buildings with detached garages. Seconded by Sprank. Motion carried 7 -0. OFFICIAL PUBLICATION ORDINANCE NO. 39-21 AMENDING TITLE 16 OF THE UNIFIED DEVELOPMENT CODE OF THE CITY OF DUBU- QUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROP- ERTY LOCATED AT BIES DRIVE FROM C-3C GENERAL COMMERCIAL WITH CONDI- TIONS TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PR PLANNED RESI- DENTIAL DISTRICT DESIGNATION AND ADOPTING A CONCEPTUAL DEVELOPMENT PLAN FOR TWO 28-UNIT MULTI-FAMILY RESIDENTIAL BUILDINGS WITH DETACHED 15 GARAGES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That Title 16 of the Unified Development Code of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter -described property from C-3c General Commercial District with conditions to PUD Planned Unit Development District with a PR Planned Residential District designation, and adopting a conceptual development plan, a copy of which is attached to and made a part hereof, is hereby adopted a nd approved for the following described property, to wit: Lots 4 and 5 of C.J. Bies Subdivision #2, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. A. Use Regulations. The following regulations shall apply to all uses made of land in the above-described PR Planned Residential District: 1. Principal permitted uses shall be limited to two 28-unit multi-family residential build- ings. 2. Accessory uses shall include any use customarily incidental and subordinate to the principal use it serves. B. Lot and Bulk Regulations. Development of land in the PR Planned Residential District shall be regulated as follows: 1. Buildings setbacks shall be located in substantial conformance with the approved conceptual development plan. 2. Maximum building height of 40 feet shall be allowed in this Planned Residential Dis- trict. 1. Unless otherwise indicated, the development of the property in this Planned Resi- dential District shall be regulated by Section 16-5-5 of the Unified Development Code, R- 4 Multi-Family Residential District. C. Performance Standards. The development and maintenance of uses in this PR Planned Residential District shall be regulated as follows: 1. Parking Regulations a. Off-street parking shall be provided based on the approved conceptual plan. b. All vehicle-related features shall be surfaced with either asphalt or concrete. c. Curbing and proper surface drainage of storm water shall be provided. d. All parking and loading spaces shall be delineated on the surfacing material by painted stripes or other permanent means. e. The number, size, and design of parking spaces shall be governed by applicable provisions of the Unified Development Code Section 13-3 Site Development Regulations. f. The number, size, design, and location of parking spaces designated for persons with disabilities shall be according to the local, state, or federal requirements in effect at the time of development. 2. Site Lighting a. Exterior illumination of site features shall be limited to the illumination of the fol- lowing: i. Parking areas, driveways, and loading facilities. ii. Pedestrian walkway surfaces and entrances to building. iii. Building exterior. b. Location and Design i. No light source shall provide illumination onto adjacent lots, buildings, or streets in excess of 1.0-foot candle. 16 ii. All exterior lighting luminaries shall be designed and installed to shield light from the luminaries at angles above 72-degrees from vertical. iii. Fixtures mounted on a building shall not be positioned higher than the roofline of the building. iv. All electrical service lines to posts and fixtures shall be underground and con- cealed inside the posts. 3. Landscaping. Landscaping shall be provided in compliance with Section 13-4 Landscaping and Screening Requirements of the Unified Development Code. 4. Storm Water Management. The developer of each lot shall be responsible for providing surface or subsurface conveyance(s) of storm water from the lot to existing storm sewers or to flow line of open drainageways outside the lot in a means that is satisfactory to the Engineering Department of the City of Dubuque. Other applicable regulations enforced by the City of Dubuque relative to storm water management and drainage shall apply to properties in the PUD District. 5. Exterior Trash Collection Areas a. The storage of trash and debris shall be limited to that produced by the principal permitted use and accessory uses on the lot. b. All exterior trash collection areas and the material contained therein shall be visually screened from view. The screening shall be completely opaque fence, wall, or other feature not exceeding a height of 10 feet measured from the ground level outside the line of the screen. Screens built on sloping grades shall be stepped so that their top line shall be horizontal. Exposed materials used to construct the opaque screen shall be similar in appearance to materials used for exterior building walls. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. If a 10-foot height screen fails to shield the exte- rior trash collection area from view from the adjacent public right -of-way and neigh- boring properties, evergreen plantings may be required in addition to the screening. Evergreen plant material shall be selected and designed so that they screen the area from all off-site visibility within five (5) years. 6. Open Space. Open space and landscaping in the PR Planned Residential Dis- trict shall be regulated as follows. Those areas not designated on the conceptual de- velopment plan shall be maintained as open space, as defined Article 13 of the Uni- fied Development Code of the City of Dubuque, Iowa, by the property owner and/or association. 7. Platting. The conceptual development plan shall serve as the preliminary plat for this PUD District. Subdivision plats and improvement plans shall be submitted in ac- cordance with Article 11 Land Subdivision, of the City of Dubuque Unified Develop- ment Code. 8. Site Plans. Final site development plans shall be submitted in accordance with Article 12 Site Plans and Article 13 Site Design Standards prior to construction of each building and vehicle-related feature unless otherwise exempted by Article 12. D. Sign Regulations. Signs in the Planned Residential District shall be regulated in ac- cordance with the R-4 Multi-Family Residential Zoning District sign regulations, Section 16- 15-11.1 of the Unified Development Code. 1. Variance requests from sign requirements for size, number, and height shall be re- viewed by the Zoning Board of Adjustment in accordance with Section 16 -8-6 of the Uni- fied Development Code. E. Other Codes and Regulations 1. Service Lines. All electric, telephone, cable, or other similar utility lines serving the building and other site features shall be located underground. 17 2. The use of semi-trailers and shipping containers for storage is prohibited. 3. These regulations do not relieve the owner from other applicabl e city, county, state, or federal codes, regulations, laws, and other controls relative to the planning, construc- tion, operation and management of property within the City of Dubuque. F. Transfer of Ownership. Transfer of ownership or lease of property in this PR Planned Residential District shall include the transfer or lease agreement a provision that the pur- chaser or lessee acknowledges awareness of the conditions authorizing the establishment of the district. G. Modifications. Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Article 9-5 of the Unified Development Code. H. Occupancy Permits. No occupancy permit shall be issued by the City of Dubuque for property included in the subject planned unit development district until full compliance with this ordinance has been achieved. I. Recording. A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder a permanent record of the conditions ac- cepted as part of this reclassification approval within thirty (30) days after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and his/her heirs, successors, and assigns. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved, and adopted this 15th day of November 2021. /s/Roy D. Buol, Mayor Attest: /s/Adrienne Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 19th day of November, 2021. /s/Adrienne N. Breitfelder, City Clerk 2. Request to Rezone Property at the corner of Peru Road, Louise Street and Monroe Ave- nue: Proof of publication on notice of public hearing to consider City Council approval of a re- quest from Denise Foht to rezone property located at the corner of Peru Road, Louise Street and Monroe Avenue from R-1 Single-Family Residential zoning district to R-3 Moderate Density Multi-Family Residential zoning district to accommodate an off -premise residential garage, and Zoning Advisory Commission recommended approval. Motion by Cavanagh 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 sus- pended. Seconded by Roussell. Planning Services Manager Wally Wernimont provided a staff report. Responding to a question from the City Council, Mr. Wernimont stated that the maximum space approved for the garage on the property is 700 feet, and that any additional area intended for the garage would require approval from the Zoning Board of Adjustment. Applicant Denise Foht, 723 Peru Road, stated that the garage would be fully enclosed. Motion carried 7-0. Motion by Cavanagh for final consideration and passage of Ordinance No. 40 -21 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying Lot 1 - 1 Evelyn Tharp Place Located at the corner of Peru Road, Louise St reet and Monroe Avenue from R-1 Single-Family Residential District to R- 3 Moderate Density Multi-Family Res- idential Zoning District. Seconded by Roussell. Motion carried 7 -0. OFFICIAL PUBLICATION ORDINANCE NO. 40-21 18 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DE- VELOPMENT CODE, BY RECLASSIFYING LOT 1 - 1 EVELYN THARP PLACE LOCATED AT THE CORNER OF PERU ROAD, LOUISE STREET AND MONROE AVENUE FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO R-3 MODERATE DENSITY MULTI-FAMILY RESIDENTIAL ZONING DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafter–described property from R-1 Single- Family Residential District to R-3 Moderate Density Multi-Family Residential Zoning District, to wit: Lot 1 - 1 Evelyn Tharp Place, and to the centerline of the adjoining pub lic right-of-way, all in the City of Dubuque, Iowa Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved and adopted this 15th day of November, 2021. /s/Roy D. Buol, Mayor Attest: /s/Adrienne Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 19th day of November, 2021. /s/Adrienne N. Breitfelder, City Clerk 3. Request to Rezone Property at 1597 Delhi Street: Proof of publication on notice of public hearing to consider City Council approval of a request from Jeff Adams to rezone property lo- cated at 1597 Delhi Street from ID Institutional zoning district to C-2 Neighborhood Shopping Center zoning district, and Zoning Advisory Commission recommend ed 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 Cavanagh. Planning Services Manager Wally Wer- nimont provided a staff report. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 41-21 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 1597 Delhi Street from ID Institutional District to C-2 Neighborhood Shopping Center District. Seconded by Cavanagh. Motion carried 7 -0. OFFICIAL PUBLICATION ORDINANCE NO. 41-21 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DE- VELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LO- CATED AT 1597 DELHI STREET FROM ID INSTITUTIONAL DISTRICT TO C-2 NEIGHBOR- HOOD SHOPPING CENTER DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafter –described property from ID Institu- tional District to C-2 Neighborhood Shopping Center District, to wit: Motor Place in the City of Dubuque, Iowa, according to the recorded Plat thereof; and to the centerline of the adjoining public right-of-way, all in the city of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed b y the Zoning Advi- sory Commission of the City of Dubuque, Iowa. 19 Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved and adopted this 15th day of November, 2021. /s/Roy D. Buol, Mayor Attest: /s/Adrienne Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 19th day of November, 2021. /s/Adrienne N. Breitfelder, City Clerk 4. Bee Branch Gate and Pump Replacement Project: Proof of publication on notice of public hearing to consider City Council authorization to enter into a Consent to Easement Structures Agreement with the United States Army Corps of Engineers (USACE) as a requirement for the City to proceed with the Bee Branch Gate and Pump Replacement Project, and City Manager recommended approval. Motion by Jones to receive and file the documents and adopt Resolu- tion No. 404-21 Disposing of interest in real estate through Agreement with the US Army Corps of Engineers. Seconded by Sprank. Motion carried 7-0. RESOLUTION NO. 404-21 DISPOSING OF INTEREST IN REAL ESTATE THROUGH AGREEMENT WITH THE US ARMY CORPS OF ENGINEERS Whereas, the City Council, by Resolution No. 382 -21, dated November 1, 2021, declared its interest to dispose of City interest in real property; and Whereas, pursuant to published notice, a public hearing was held on the proposed d isposition on November 15, 2021, at 6:30 p.m. in the City Council Chambers of the Historic Federal Build- ing, 350 W. 6th Street, Dubuque, Iowa, at which meeting the City Council proposes to take action on the Acceptance of Consent to Easement Structures between the City and the United States government; and Whereas, Dubuque has a flood control system along the Mississippi River; and Whereas, the United States has acquired a perpetual flowage easement over Tract Nos. FIA - 074, FIA-087, FIA-088, FIA-089, FIA-090, FIA-091 and FIA-120, Mississippi River Project, Pool 12, and which was recorded in Record Book 114, Pages 1 -21, in the records in Dubuque, Iowa; and Whereas, the United States has been requested to give consent for the installation, operation, and maintenance of a water pumping station to replace the existing Bee Branch Pumping Sta- tion that is part of the Dubuque, Iowa Flood Risk Management Project; and Whereas, the City of Dubuque is required to enter into an Acceptance of Consent to Ease- ment Structures in order to proceed with the improvements associated with the Bee Branch Gate and Pump Replacement Project; and Whereas, the City Council finds that it is in the best interest of the City to approve the Ac- ceptance of Consent to Easement Structures. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The City Council approves the Acceptance of Consent to Easement Structures with the US Army Corps of Engineers. Section 2. The Mayor is hereby authorized and directed to sign the agreement. Passed, adopted, and approved this 15th day of November 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Proposed Lease Agreement Between the City of Dubuque and Comelec Internet Services : Proof of publication on notice of public hearing to consider City Council approval of a lease with Comelec Internet Services for space on the 3rd Street Water Tower, and City Manager 20 recommended approval. Motion by Cavanagh to receive and file the documents and adopt Res- olution No. 405-21 Approving the disposal of an interest in real property owned by the City of Dubuque by Lease Supplement between the City of Dubuque, Iowa and Comelec Internet Ser- vices, LLC. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 405-21 APPROVING THE DISPOSAL OF AN INTEREST IN REAL PROPERTY OWNED BY THE CITY OF DUBUQUE BY LEASE SUPPLEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND COMELEC INTERNET SERVICES, LLC Whereas, the City of Dubuque, Iowa (City) is the owner of the real property described as follows: Property at 1575 West Third Street, Dubuque, IA, legally described as Lots 23 & 24 of the Finley Home Addition in Dubuque, Iowa, Dubuque County, Iowa (the Property) ; and Whereas, City and Comelec Internet Services, LLC entered into a Master Lease Agreement dated April 1, 2019 (the Agreement), which granted Comelec the right to lease certain City prop- erty for the purposes and subject to the conditions set forth in the Agreement; and Whereas, Comelec desires to lease certain space on the Water Tower on the Property as shown on Exhibit B; and Whereas, City and Comelec have tentatively agreed to the Lease Supplement, attached hereto; and Whereas, the City Council, by Resolution No. 383 -21 dated November 1, 2021 declared its intent to dispose of City interest in Premises; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to approve the Lease Supplement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The Water Tower & Ground Space Lease Agreement between the City and Come- lec Internet Services is hereby approved, and the Mayor is authorize d to execute said Water Tower & Ground Space Lease Agreement on behalf of the City of Dubuque. Passed, approved, and adopted this 15th day of November 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk ACTION ITEMS 1. Dubuque Airport Master Plan Study and Airport Layout Plan Update : City Manager recom- mended City Council approval of the Dubuque Regional Airport Master Plan Study and Airport Layout Plan Update recently prepared by Coffman and Associates. Motion by Roussell to re- ceive and file the documents and approve the plan. Seconded by Farber. City Council members expressed appreciation for the plan and suggested a future presentation to educate the public on the plan. Motion carried 7-0. 2. Resilient Community Advisory Commission Ordinance Update: City Manager recom- mended City Council approval of an ordinance amendment for the Resilient Community Advi- sory Commission regarding meeting frequency. Motion by Cavanagh to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Sprank. City Council members expressed support for the amendment to allow greater flexibility for the commission. Motion carried 7-0. 21 Motion by Cavanagh for final consideration and passage of Ordinance No. 42-21 Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 6 Resilient Community Advisory Commission, Section 2-6-10 Meetings. Seconded by Sprank. Motion car- ried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 42-21 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND COM- MISSIONS, CHAPTER 6 RESILIENT COMMUNITY ADVISORY COMMISSION, SECTION 2 - 6-10 MEETINGS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. Section 2-6-10 of the City of Dubuque Code of Ordinances is amended to read as follows: 2-6-10: MEETINGS: A. Regular Meetings: The commission generally meets monthly. When there is no busi- ness, there is no obligation to meet. B. Special Meetings: Special meetings may be called by the chairperson or at the written request of a majority of the commissioners. C. Open Meetings: All meetings must be called and held in co nformance with the Iowa open meetings law. D. Attendance: 1. In the event a commissioner has been absent for three (3) or more consecutive meet- ings of the commission, without being excused by the chairperson, such absence will be grounds for the commission to recommend to the city council that the position be declared vacant and a replacement appointed. 2. Attendance must be entered upon the minutes of all meetings. E. Minutes: A copy of the minutes of all regular and special meetings of the commission must be filed with the city council within ten (10) working days after each meeting, or by the next regularly scheduled city council meeting, whichever is later. F. Quorum: Five (5) commissioners constitute a quorum for the transaction of busine ss. The affirmative vote of a majority of the commissioners present and voting is necessary for the adoption of any motion or resolution. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 15th day of November, 2021. /s/Roy D. Buol, Mayor Attest: /s/Adrienne Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 19th day of November, 2021. /s/Adrienne N. Breitfelder, City Clerk 3. Fiscal Year 2022 Community Development Block Grant Agreement with Northeast Iowa School of Music: City Manager recommended City Council approval of the Community Devel- opment Block Grant Agreement with Northeast Iowa School of Music (NISOM) as part of the Neighborhood Recreation Program. Motion by Roussell to receive and file the documents and approve the agreement. Seconded by Cavanagh. Motion carried 7-0. 22 4. Central Avenue Corridor Streetscape Master Plan Draft - Work Session Request: City Manager requested the City Council schedule a work session for December 20, 2021, at 5:30 p.m. on the Central Avenue Corridor Streetscape Master Plan Draft review. Motion by Jones 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. 5. Five Flags Civic Center Studies Review and Prior Actions Presentation Request for Work Session: City Manager requested the City Council schedule a work session for January 24, 2022, at 6:30 p.m. on the Five Flags Civic Center Studies Review and Prior Actions Presenta- tion. Motion by Jones to receive and file the documents and schedule the work session as rec- ommended. Seconded by Farber. No schedule conflicts were expressed. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Sprank reported on meeting with residents of the Alpine Mobile Park and encouraged any of the mobile park residents with concerns to contact him. CLOSED SESSION Motion by Jones to convene in closed session at 7:29 p.m. to discuss Pending Litigation and Purchase or Sale of Real Estate – Chapter 21.5(1)(c),(j) Code of Iowa. Seconded by Roussell. 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 Brumwell. Motion carried 7-0. The City Council reconvened in open session at 11:27 p.m. stating that staff had been given proper direction. There being no further business, Mayor Buol declared the meeting adjourned at 11:28 p.m. /s/Adrienne N. Breitfelder, City Clerk