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01 03 22 City Council Proceedings Official_Regular1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on January 3, 2022, in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Cavanagh; Mayor Pro Tem Sprank; Council Members Farber, Jones, Resnick, Roussell; City Manager Van Milligen, City Attorney Brumwell. Vacancy: Ward 4 Mayor Pro Tem Sprank 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 SWEARINGS-IN Mayor-Elect Brad M. Cavanagh was sworn in by City Clerk Adrienne Breitfelder. Council Members-Elect Ric W. Jones, Susan R. Farber, and Danny C. Sprank; and Mayor Pro-Tem David T. Resnick were sworn in by Mayor Cavanagh. PROCLAMATION(S) 1. Human Slavery and Human Trafficking Prevention Month (January 2022) was accepted by Marilou Irons on behalf of the Tri-State Coalition against Human Trafficking CONSENT ITEMS Council Member Farber requested Item No. 22 be held for separate discussion. Motion by Jones to receive and file the documents, adopt the resolutions, and dispose of as indicated except for Item No. 22. Seconded by Resnick. Motion carried 6-0. 1. Minutes and Reports Submitted: City Council proceedings of 12/20; Historic Preservation Commission of 12/16; Proof of publication for City Council proceedings of 12/6. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Richard Dague for vehicle damage; Loeffelholz Trucking LLC for vehicle damage. Upon motion the documents were received, filed, and referred to the City Attorney. 3. Disposition of Claims: City Attorney advised that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assur ance Pool: Richard Dague for vehicle damage; Loeffelholz Trucking LLC for vehicle damage. Upon motion the documents were received, filed, and concurred. 2 4. Approval of City Expenditures: upon motion the documents were received and filed, and Resolution No. 1-22 Authorizing the Director of Finance and Budget/City Treasurer to make certain payments of bills that must be paid and approved for payment in accordance with City procedures was adopted. RESOLUTION NO. 1-22 AUTHORIZING THE DIRCTOR 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 services have been pre-audited by Finance Department personnel in accordance with generally accepted internal control procedures and have been determined to have been requisitioned for a lawful municipal purpose; and Whereas, the Finance Director-City Treasurer has provided a list of Expenditures attached hereto, and by this reference made a part hereof, to be drawn to pay for goods and services provided for City purposes; and Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142 -18 adopted May 7, 2018, authorized the Finance Director-City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Finance Director-City Treasurer is hereby authorized to issue payment for goods and services provided for City purposes in response to the purchase orders and contracts issued in compliance with state and municipal code requirements as requested by designated requisitioning authorities in accordance with approved budget appropriations. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance Director are hereby authorized and directed to provide the state ment of receipts and disbursements to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 3rd day of January, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. 2022 State Legislative Priorities: upon motion the documents were received, filed, and approved. 6. Opioid Litigation Opt-in: upon motion the documents were received and filed, and Resolution No. 2-22 Endorsing City of Dubuque opting in to opioid litigation settlement and designating City Attorney as recipient of notices and signatory on necessary documents was adopted. RESOLUTION NO. 2-22 ENDORSING CITY OF DUBUQUE OPTING IN TO OPIOID LITIGATION SETTLEMENT AND DESIGNATING CITY ATTORNEY AS RECIPIENT OF NOTICES AND SIGNATORY ON NECESSARY DOCUMENTS 3 Whereas, sixty-six (66) Iowa Counties and the Iowa Attorney General’s Office brought lawsuits against the pharmaceutical manufacturers and distributors of prescription opioids over their role in creating the opioid epidemic; and Whereas, four (4) companies have proposed a nationwide settlement of those cases, which are: Distributors McKesson, Cardinal Health, Amerisource Bergen. Manufacturer Jannsen Pharmaceuticals, Inc. / Johnson & Johnson and; Whereas, the amount of money that can be brought into Iowa depends on how many counties and cities (over 10,000 people in population) sign on to the settlement; and Whereas, there is no cost to the City to participate, the City could participate whether or not the City was part of the original lawsuits, and participation will result in the City receiv ing funds as part of the settlement; and Whereas, in order to participate, the City must provide signed participation forms in order to participate and be able to receive a portion of settlement funds; and Whereas, the City Council must designate someone to receive notices and to sign any necessary documentation to facilitate participation in the settlements; and Whereas, the practical recipient and designee for signing necessary legal documents is the City Attorney. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque opts in to the pending settlement of national opioid litigation involving Distributors McKesson, Cardinal Health, and Amerisource Bergen and Manufacturer Jannsen Pharmaceuticals, Inc./Johnson & Johnson. Section 2. The City Attorney is hereby designated as the recipient for any notices related to the pending settlements and is hereby authorized to sign any documents necessary to facilitate settlement participation on behalf of the City of Dubuque. Passed, approved and adopted this 3rd day of January, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7. Tree City USA Application Approval Request: upon motion the documents were received, filed, and approved. 8. Notice of Award and Request to Execute Grant Agreement for Volunteer DBQ 2022 - Volunteer Generation Fund Continuation Grant: upon motion the documents were received, filed, and approved. 9. Interim Staffing Agreement By and Between the City of Dubuque, Iowa and the Dubuque Racing Association for Mystique Community Ice Center: upon motion the documents were received and filed. 10. Notice of Award for (AIB/CN) America in Bloom and EcoConnexions From the Ground Up program and Approval of Grant Agreement: upon motion the documents were received, filed, and approved. 4 11. Vendor Recommendation and Contract for Development of Phase I of Arts & Culture Communications Campaign and Branding Identity Effort : upon motion the documents were received, filed, and approved. 12. Purchase of Property from River City Development Group LLC: upon motion the documents were received and filed, and Resolution No. 3-22 Accepting the Deed to Real Estate owned by River City Development Group LLC in Dubuque County, Iowa was adopted. RESOLUTION NO. 3-22 ACCEPTING THE DEED TO REAL ESTATE OWNED BY RIVER CITY DEVELOPMENT GROUP LLC IN DUBUQUE COUNTY, IOWA Whereas, RIVER CITY DEVELOPMENT GROUP LLC is the owner of the following real property (the Real Estate): ; and Whereas, the City of Dubuque entered into an Offer to Buy Real Estate and Acceptance to purchase the Real Estate from River City Development Group LLC, subject to the approval by the City Council of an Offer to Buy Real Estate and Acceptance between Cit y and River City Development Group LLC, a copy of which is attached hereto; and Whereas, the City Council approved the Offer to Buy Real Estate and Acceptance; and Whereas, all the terms and conditions of the Offer to Buy Real Estate and Acceptance have been completed and River City Development Group LLC has delivered a Warranty Deed to the City for the Real Estate, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby accepts the Warranty Deed to the Real Estate from River City Development Group LLC. Passed, approved and adopted this 3rd day of January, 2022. Brad M. Cavanagh, Mayor 5 Attest: Adrienne N. Breitfelder, City Clerk 13. First Amendment to Community Development Block Grant (CDBG) Subrecipient Agreement between the City of Dubuque and Dubuque Rescue Mission : upon motion the documents were received and filed, and Resolution No. 4-22 Authorizing the First Amendment to the CDBG Subrecipient Agreement between the City of Dubuque and Dubuque Rescue Mission was adopted. RESOLUTION NO. 4-22 AUTHORIZING THE FIRST AMENDMENT TO THE CDBG SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF DUBUQUE AND DUBUQUE RESCUE MISSION Whereas, the City of Dubuque and Dubuque Rescue Mission entered into a CDBG Subrecipient Agreement dated July 6, 2021 with respect to the matters specified therein for the interior rehabilitation of their facility; and Whereas, the parties desire to modify the Subrecipient Agreement as set out in the First Amendment to the Subrecipient Agreement attached hereto; and Whereas, the Dubuque Rescue Mission provides services to homeless populations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the First Amendment to the CDBG Subrecipient Agreement be approved. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute said Amendment on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 3rd day of January 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 14. Contracted Services Agreement – Crescent Community Health Center: upon motion the documents were received, filed, and approved. 15. Signed Contract(s): McCullough Creative Group for the production, installation, and removal of client advertising on transit bus exteriors. Upon motion the documents were received and filed. 16. Purina Drive Flood Wall Replacement Project: upon motion the documents were received and filed, and Resolution No. 5-22 Accepting the Purina Drive Floodwall Replacement Project and authorizing payment to the contractor was adopted. RESOLUTION NO. 5-22 ACCEPTING THE PURINA DRIVE FLOODWALL REPLACEMENT PROJECT AND AUTHORIZING PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the Purina Drive Floodwall Replacement Project (the Project) has been completed by the Contractor, Tricon General Construction, Inc. of Dubuque, Iowa (Contractor), the Project Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $110,383.09; and Whereas, the Contractor has previously been paid $104,863.94, leaving a balance of $5,519.15; and Whereas, the City Council finds that the recommendation of the Project Engineer should be accepted. 6 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The recommendation of the Project Engineer is a pproved, and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $5,519.15 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 3rd day of January 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 17. Northern Dubuque County Watershed Work Plan - Environmental Assessment: Invitation to Virtual Agency Scoping Meeting : Correspondence from Adam Rupe, Project Manager with JEO Consulting Group, notifying the city of an agency scoping meeting for development of the Northen Dubuque County Watershed Work Plan - Environmental Assessment (Plan-EA). Upon motion the documents were received and filed. 18. 2021 Stumps / Sidewalks Project Two: upon motion the documents were received and filed, and Resolution No. 6-22 Accepting the 2021 Stumps / Sidewalks Project Two and authorizing the payment to the contractor was adopted. RESOLUTION NO. 6-22 ACCEPTING THE 2021 STUMPS / SIDEWALKS PROJECT TWO AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the 2021 Stumps / Sidewalks Pro ject TWO, (the Project) has been completed by the Contractor, Burds Waterproofing, (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 $159,462.38; and Whereas, the Contractor has previously been paid $151,489.27, leaving a balance of $7,973.11; 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 CI TY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved, and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $7,973.11 as provided in Io wa 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 3rd day of January 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE 2021 STUMPS / SIDEWALKS PROJECT TWO The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 2021 Stumps / Sidewalks Project Two has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $175,408.62. Dated this 22nd day of December 2021. 7 /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 22nd day of December 2021. /s/Adrienne N. Breitfelder, City Clerk 19. Award for the Asbury Road and John F. Kennedy Road Emergency Traffic Signal Repair Project: upon motion the documents were received, filed and made a Matter of Record. 20. Orchard Drive, Cider Ridge and Jonathan Lane Water Main Project 2021 - Project Acceptance and Resolution: upon motion the documents were received and filed, and Resolution No. 7-22 Accepting Public Improvement Contract for the Jonathan Lane, Cider Ridge and Orchard Drive Water Main Replacement Project 2021 was adopted. RESOLUTION NO. 7-22 ACCEPTING PUBLIC IMPROVEMENT CONTRACT FOR THE JONATHAN LANE, CIDER RIDGE AND ORCHARD DRIVE WATER MAIN REPLACMENT PROJECT 2021 Whereas, the public improvement contract for the Jonathan Lane, Cider Ridge, and Orchard Drive Water Main Replacement Project, (the Project) has been completed by the Contractor, Temperley Excavating of East Dubuque, Illinois, (Contractor), the Water Department Manager has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount is $425,052.44 of which retainage in the amount $21,252.62 shall be held for 30 days after acceptance and approval, and paid at that tim e provided no claims from others are filed; and Whereas, the City Council finds that the recommendation of the Water Department Manager should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the Water Department Manager is approved, and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of the final payment $21,252.62 as provided in Iowa Code chapter 573.13. Passed, adopted, and approved this 3rd day of January, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 21. Final Plat of Vintage Estates: upon motion the documents were received and filed, and Resolution No. 8-22 Authorizing approval of the Final Plat of Vintage Estates in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 8-22 AUTHORIZING APPROVAL OF THE FINAL PLAT OF VINTAGE ESTATES IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Vintage Estates in the City of Dubuque, Iowa; and Whereas, upon said Final Plat appears certain public utility easements, public sanitary sewer easements, public water main easements, and public fiber optics utility easements, and pub lic access easements for emergency, fire, and municipal services vehicles, and a temporary public easement for temporary cul-de-sac and snow storage, which the owner by said final plat has dedicated to the public and the City of Dubuque forever; and 8 Whereas, upon said Final Plat appears private streets to be known as Lasso Court (Lot A), Vintage Lane (Lot B), and Ewing Drive (Lot C) which the owner by said Final Plat has agreed to own, construct and maintain forever; and Whereas, upon said Final Plat appears certain private storm sewer easements and drainage easements, and private storm water detention basin easements, which the owner by said Final Plat has agreed to reserve for the private owners of Lots 1, 2, A, B and C; and Whereas, on July 7, 2021, the preliminary plat was reviewed by the Zoning Advisory Commission and recommended City Council approval; and Whereas, on July 19, 2021, the preliminary plat was examined by the City Council and its approval has been endorsed thereon; and Whereas, said Final Plat has been reviewed by the City Planner and his approval has been endorsed thereon, subject to the owner’s agreeing to the conditions specified herein; and Whereas, said Final Plat has been examined by the City Council and the City Council find the final plat conforms to the applicable statutes and ordinances, except that streets and public utilities have not yet been completely constructed or installed. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of certain public utility easements, public sanitary sewer easements, public water main easements, and public fiber optics utility easements, and public access easements for emergency, fire, and municipal services vehicles, and a temporary public easement for temporary cul-de-sac and snow storage, as they appear on said Final Plat, be and the same are hereby accepted; and Section 2. That the private streets of Lasso Court (Lot A), Vintage Lane (Lot B), and Ewing Drive (Lot C), as they appear on said Final Plat, be and the same are hereby approved; and Section 3. That the Final Plat of Vintage Estates is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said Final Plat, provided the owners of said property herein named, execute their written acceptance of the attached conditions and further agree: (a) To reduce that portion of Barnwood Lane as shown on the improvement plans to grade and to construct longitudinal sub-drain, concrete curb and gutter with asphaltic concrete pavement or with Portland Cement concrete pavement with integral curb, all in accordance with the City of Dubuque standard specifications in a manner acceptable to the City Engineer, in conformance with construction improvement plans approved by the City Engineer and inspected and approved by the City Engineer. (b) To reduce that portion of public roadway west of Barnwood Lane as shown on the improvement plans to grade and to construct longitudinal sub-drain, concrete curb and gutter with asphaltic concrete pavement or with Portland Cement concrete pavement with integral curb, and the temporary cul-de-sac as shown on the improvement plans, all in accordance with the City of Dubuque standard specifications in a manner acceptable to the City Engineer, in conformance with construction improvement plans approved by the City Engineer, and inspected and approved by the City Engineer. (c) To reduce the private streets of Lasso Court (Lot A), Vin tage Lane (Lot B), and Ewing Drive (Lot C) to grade and to construct longitudinal sub-drain, concrete curb and gutter with asphaltic concrete pavement or with Portland Cement concrete pavement with integral curb, all in accordance with the City of Dubuque standard specifications in a manner acceptable to the City Engineer, in conformance with construction improvement plans approved by the City Engineer, and inspected and approved by the City Engineer. (d) To install public sanitary sewer mains and sewer service laterals into each individual lot, public water mains and water service laterals into each individual lot, private storm water detention basins, private storm sewers and catch basins, private boulevard street lighting on 9 Lasso Court, Vintage Lane, and Ewing Drive, and public boulevard street lighting on Barnwood Lane and the public roadway west of Barnwood Lane, public fiber optic conduit and vaults, and private erosion control devices all in accordance with the City of Dubuque standard specifications in a manner acceptable to the City Engineer, and in accordance with construction improvement plans approved by the City Engineer, and inspected and approved by the City Engineer. (e) To construct accessible sidewalk ramps at each intersection and street crossings in accordance with City of Dubuque Standards and Specifications, all in a manner acceptable to the City Engineer, and in accordance with the construction improvement plans approved by the City Engineer and inspected and approved by the City Enginee r. (f) To construct concrete sidewalk along all Vintage Estates subdivision property fronting on public streets in accordance with City of Dubuque Standards and Specifications, all in a manner acceptable to the City Engineer, and in accordance with the con struction improvement plans approved by the City Engineer and inspected and approved by the City Engineer. (g) Except as noted below, to construct the improvements outlined above within two years from the date of acceptance of this resolution, at the sole expense of the owners, or future owner. (h) To maintain the public improvements outlined above for a period of two (2) years from the date of the acceptance of those improvements by the City Council of the City of Dubuque, Iowa, at the sole final expense of the owners, or future owner. (i) To maintain the private improvements outlined above forever. (j) To provide security for the performance of the foregoing conditions for public improvements specified in this Section in such form and with such sureties as may be acceptable to the City Manager of the City of Dubuque, Iowa. Section 4. That sidewalk maintenance shall be the responsibility of each lot owner for each lot abutting the public and private rights-of-way, including lots with multiple frontages, as required by City Code Chapter 10-1-2 (Sidewalk Installation and Repair). Section 5. That the owner must construct and maintain erosion control devices in Vintage Estates which control erosion and prevent sediment from leaving the site. The owner shall be responsible for maintenance of the detention facilities, storm sewers, and storm water drainage improvements, located on or within the subdivision in perpetuity. Section 6. That the planting of street trees shall be coordinated with the City Forester. Any trees planted within the street right-of-way must be chosen and planted by the City of Dubuque Leisure Services Department at the developer’s expense. Section 7. That Prior to release of the final plat for recordation, developer shall submit to City in escrow or cashier’s check in the amount of $8,000 for the construction of approximately 75 lineal feet of curb and gutter and for the removal of the temporary asphalt cul -de-sac, on the north side of the westerly terminus of Ewing Drive. These funds shall be held by the City to be used for the future construction of said improvements when Ewing Drive is extended westward to the adjacent property. Section 8. That the owner must construct and maintain erosion control devices at the regional detention basin located in Rustic Point Estates #2 which controls erosion and prevents sediment from leaving the site. The owner shall also be responsible for maintenance of the detention facility on Lot J and Lot K of Rustic Point Estates #2 until 80% of the lots in Vintage Est ates which drain into said detention facility, have been fully developed and adequate erosion control measures, as approved by the City Engineer, have been installed on the remaining 20% of said lots. Until the above 80% of lots are developed, maintenance of the detention facility on Lot J and Lot K of Rustic Point Estates #2 shall include the removal of sediment and other debris caused by construction activities in Vintage Estates and reshaping and reseeding of the 10 disturbed areas. After said 80% lots are developed, inspection, administration, and maintenance expenses incurred by the City of Dubuque for the storm water detention facility on Lot J and Lot K of Rustic Point Estates #2 shall be assessed against the Vintage Estates properties that drain to the said regional basin, as indicated on the preliminary plats thereof, in equal amounts. The City Manager shall certify such costs to the City Clerk, who in turn shall promptly certify such costs to the Dubuque County Treasurer, and such costs shall then b e collected with and in the same manner as general property taxes in accordance with provisions of law. Section 9. That the final acceptance of the public improvements shall only occur upon certification of the City Engineer to the City Council that the public improvements have been completed in accordance with the approved improvement plans and City standards and specifications and accepted by City Council Resolution. Section 10. That in the event Switch Development, LLC fails to execute the acceptance a nd furnish the guarantees provided hereof within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. Passed, approved, and adopted this 3rd day of January 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 22. Liquor License Renewal: Council Member Farber stated that she would abstain from voting on this item due to owning one of the businesses listed on the resolution, Magoo’s Pizza. Motion by Jones to receive and file the documents and adopt Resolution No. 9-22 Approving applications for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits. Seconded by Resnick. Motion carried 5-0 with one abstention (Farber). RESOLUTION NO. 9-22 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQUOR, BEER AND WINE LICENSES AND PERMITS 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 DUBUQUE, IOW A THAT: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: Renewals AMC Theatres Dubuque 14, 2835 NW Arterial Baymont Inn & Suites, 4025 McDonald Dr. Big 10 Mart, 2100 J.F. Kennedy Rd. Brazen Open Kitchen Bar, 955 Washington St. Suite 101 Dubuque Golf & Country Club, 1800 Randall Place Fuji Asian Buffet, 806 Wacker Dr. Suite 128 11 Gary Dolphin's Iron Bar, 333 E. 10th St. Suite 104 Hy-Vee 2 Store, 2395 NW Arterial Hy-Vee Clubroom, 400 S. Locust St. Kwik Stop Food Mart, 2320 Gateway Dr. Magoo's Pizza, 1875 University Ave. Mario's Italian Restaurant and Lounge, 1298 Main St. Sam's Club 4973, 4400 Asbury Rd. TownePlace Suites by Marriott, 1151 Washington St. United Automobile Workers, Local 94, 3450 Central Ave. Passed, approved, and adopted this 3rd day of January 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Roussell to receive and file the documents, adopt the resolutions, and set the public hearings as indicated. Seconded by Farber. Motion carried 6-0. 1. Sale of City-Owned Property at 1450 Iowa Street: upon motion the documents were received and filed, and Resolution No. 10-22 Intent to dispose of an interest in City of Dubuque real estate to GT Development LLC., setting a time and place for hearing, and providing for the publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on January 18, 2022 in the Historic Federal Building. RESOLUTION NO. 10-22 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE TO GT DEVELOPMENT LLC., SETTING A TIME AND PLACE FOR HEARING, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) owns 1450 Iowa Street (the Property) legally described as: Middle 1/5 of Out Lot 455 and the North 23 inches of the South Middle 1/5 of Out Lot 455, in the City of Dubuque, Iowa, according to the United States Commissioners’ Plat thereof. and Whereas, City acquired the Property through the Court by petitioning for title in accordance with Iowa Code 567A.10B for the purpose of its restoration of the abandoned property; and Whereas, GT Development LLC., will rehabilitate the property and sell the property; and Whereas, by accepting the selected offer the City’s objectives of Historic Building Rehabilitation/Preservation and Livable Neighborhoods and Housing can be realized and is consistent with the City goal of creating opportunities for affordable housing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa, proposes to dispose of its interest in the above described real estate to GT Development LLC. Section 2. That the City Council shall conduct a public hearing on the proposed disposition of real estate in the City Council Chambers at the Historic Federal Building, 350 W. 6 th Street, Dubuque, Iowa on the 18th day of January, 2022 beginning at 6:30 p.m. Section 3. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing in the form attached hereto, according to law. Passed, approved and adopted this 3rd day of January, 2022. 12 Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk BOARDS/COMMISSIONS Applications were reviewed for the following Boards and Commissions. Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. 1. Equity and Human Rights Commission: One, 3-Year term through January 1, 2023 (Vacant term of Jackson); Two, 3-Year terms through January 1, 2025 (Expired terms of Anderson and Kurczek). Applicants: Carla Anderson, 1131 Main St.; Danita Grant, 2479 LaVista Ct.; Martha Jolet, 1911 Johnson St.; Jake Kurczek, 1110 Victoria St. (specifically applying for 2023 vacant term of Jackson); Dereka Williams, 2172 Hodgden St. This commission is subject to the State of Iowa Gender Balance Law. 9 Commissioners total; currently 3 males/5 females/1 opening. Ms. Anderson spoke in support of her application and provided a brief biography. 2. Investment Oversight Advisory Commission: One, 3-Year term through July 1, 2024 (Vacant term of Schilz). Applicant: Tom Major, 2768 Hickory Hill Ct. City Council acknowledged receipt of written input from Mr. Major in support of his application. PUBLIC HEARINGS 1. Public Hearing on Approval of an Amended Lease with the Dubuque Racing Association: motion by Jones to receive and file the documents and adopt Resolution No. 11-22 Disposing of an interest in real property owned by the City of Dubuque by lease between the City of Dubuque, Iowa and Dubuque Racing Association, Ltd. Seconded by Sprank. City Manager Van Milligen responded to a question from the City Council regarding the timeframe for the Iowa Racing and Gaming Commission voting on approval of the lease. Motion carried 6-0. RESOLUTION NO. 11-22 DISPOSING OF AN INTEREST IN REAL PROPERTY OWNED BY THE CITY OF DUBUQUE BY LEASE BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE RACING ASSOCIATION, LTD Whereas, the City of Dubuque, Iowa (City) is the owner of the real property legally described on Exhibit A and B attached hereto; and Whereas, City and Dubuque Racing Association, Ltd. have tentatively agreed to the Second Amended and Restated Lease Agreement, a copy of which is now on file at the Office of the City Clerk, City Hall, 50 W. 13th St., Dubuque, IA 52001, for a lease of the real property which among other things, provides for a term through December 31, 2036; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to approve the Second Amended and Restated Lease Agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque disposes of its interest in the foregoing - described real property by the Second Amended and Restated Lease Agreement between City and Dubuque Racing Association. Section 2. That the Mayor is hereby authorized and directed to execute the Second Amended and Restated Lease Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. 13 Section 3. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the Second Amended and Restated lease Agreement as herein approved. Passed, approved and adopted this 3rd day of January, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk ACTION ITEMS 1. Mayor and City Council Appointments to Various Boards and Commissions : motion by Farber to receive and file the documents and refer to the City Council for discussion. Seconded by Sprank. City Council weighed the options for board and commission participation. City Council concurred appointing Sprank to the Dubuque Racing Association – Board of Directors and transitioning the Greater Dubuque Development Board of Directors term previously head by Resnick to Farber. All remaining board and commission assignments will remain unchanged for calendar year 2022. Motion carried 6-0. Motion by Jones to appoint all City Council members to the specified boards and commissions terms agreed upon in the discussion. Seconded by Sprank. Motion carried 6-0. 2. Midterm Vacancy on City Council: motion by Roussell to receive and file the documents and adopt Resolution No. 12-22 Intent to fill a vacancy in the office of Fourth Ward City Council Member by Special Election. Seconded by Farber. City Council encouraged Ward 4 residents to apply for the seat. Responding to a question from the City Council, City Clerk Breitfelder stated that the special election is scheduled for March 29th with a primary on March 1st if needed. Motion carried 6-0. RESOLUTION NO. 12-22 INTENT TO FILL A VACANCY IN THE OFFICE OF FOURTH WARD CITY COUNCIL MEMBER BY SPECIAL ELECTION Whereas, there is a vacancy in the Office of City Council Member for the Fourth Ward; and Whereas, Iowa Code §372.13(2)(b) allows the vacancy to be filled by a special election held to fill the office for the remaining balance of the unexpired term, which special election must be called by the City Council at the earliest practicable date; and Whereas, the City Council has elected to fill the vacancy in the Office of City Council Member for the Fourth Ward by a special election; and Whereas, the City Council must give the County Commissioner at least sixty days' written notice of the date chosen for the special election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The City council hereby elects to fill the vacancy in the Office of City Council Member for the Fourth Ward by a special election. Section 2. The County Commissioner is requested to hold a special election in accordance with state law at the earliest possible date to fill the vacancy in the Office of City Council Member for the Fourth Ward for the remaining balance of the unexpired term. Section 3. The City Clerk is directed to provide a copy of this resolution to the County Commissioner. Passed, approved and adopted this 3rd day of January, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 14 3. Canadian Pacific Railway Acquisition of Kansas City Southern Railroad & Pending Merger: City of Dubuque - Environmental Impact Statement Submittal Letter: motion by Sprank to receive and file the documents and approve the letter. Seconded by Jones. City Council expressed support for the opportunity to weigh in on the guidelines of the merger via the letter. City Manager Van Milligen responded to a question from the City Council regarding additional ways the City Council can provide input. Motion carried 6-0. 4. De-Escalation Training: motion by Jones to receive and file the documents and schedule the work session for February 7, 2022, at 5:15 p.m. Seconded by Sprank. No schedule conflicts were expressed. Motion carried 6-0. COUNCIL MEMBER REPORTS Council Member Jones reported on the Special Olympics Iowa winter games occurring in Dubuque next week. There being no further business, Mayor Cavanagh declared the meeting adjourned at 7:33 p.m. /s/Adrienne N. Breitfelder City Clerk