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03 07 22 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on March 7, 2022, in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6 th Street. Present: Mayor Cavanagh; Council Members Farber, Jones (via phone), Resnick, Roussell, Sprank; City Manager Van Milligen, City Attorney Brumwell. Vacancy: Ward 4 Mayor Cavanagh read the call and stated this is a special session of the City Coun cil called for the purpose of conducting a work session to receive an update on the American Rescue Plan Act and Bipartisan Infrastructure Law. WORK SESSION AMERICAN RESCUE PLAN ACT AND BIPARTISAN INFRASTRUCTURE LAW PRESENTATION Director of Strategic Partnerships Teri Goodmann made a presentation on the American Rescue Plan Act (ARPA) and Bipartisan Infrastructure Law (BIL) presentation. Ms. Goodmann responded to questions from the City Council following the presentation. There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:25 p.m. /s/Adrienne N. Breitfelder City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on March 7, 2022, in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6 th Street. Present: Mayor Cavanagh; Council Members Farber, Jones (via phone), Resnick, Roussell, Sprank; City Manager Van Milligen, City Attorney Brumwell. Vacancy: Ward 4 Mayor Cavanagh read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before t he City Council. City Clerk Breitfelder stated that Action Item No. 2 : Greater Dubuque Development Corporation - Quarterly Update was removed from the meeting and will be rescheduled to a future meeting. PLEDGE OF ALLEGIANCE PRESENTATION(S) 1. COVID-19 Update: Public Health Specialist Mary Rose Corrigan provided an update on the COVID-19 pandemic and response activities. PROCLAMATION(S) 1. Kidney Disease Awareness Month (March 2022) was accepted by Dawn and Jimmie Bates on behalf of the National Kidney Foundation. 2. Irish American Heritage Month (March 2022) was accepted by Patrick Leonard on behalf of the Ancient Order of Hibernians Dubuque Division #2. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Farber. Motion carried 6-0. 1. Minutes and Reports Submitted: City Council Proceedings of 2/16 and 2/21; Proof of publication for City Council proceedings of 2/3, 2/7, 2/9, and 2/16. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Connor Dolphin for vehicle damage; William and Doris McDermott for property damage. Upon motion the documents were received, filed, and referred to the City Attorney. 3. Disposition of Claims: City Attorney advised that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Connor Dolphin for vehicle damage; William and Doris McDermott for property damage. Upon motion the documents were received, filed, and concurred. 4. Approval of City Expenditures: Upon motion the documents were received and filed, and Resolution No. 72-22 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. 72-22 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 provi de the statement of receipts and disbursements to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 7th day of March, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Transmission of Art on the River 2022 -23 Theme and Call for Art Announcement: Upon motion the documents were received and filed. 6. Notice of Award for National Environmental Health Administration – Food Drug Administration Development Base Retail Flex: Upon motion the documents were received and filed. 7. Intent to apply for Land and Water Conservation Fund Grant for Chaplain Schmitt Island Trail Project: Upon motion the documents were received and filed, and Resolution No. 73-22 Authorizing the Mayor to execute an application for the Land and Water Conservation Fund Grant for the Chaplain Schmitt Island Trail Extension Project and authorizing the Leisure Services Manager and the City Manager to approve the application was adopted. RESOLUTION NO. 73-22 AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION FOR THE LAND AND WATER CONSERVATION FUND GRANT FOR THE CHAPLAIN SCHMITT ISLAND TRAIL EXTENSION PROJECT AND AUTHORIZING THE LEISURE SERVICES MANAGER AND THE CITY MANAGER TO APPROVE THE APPLICATION Whereas, the City of Dubuque has made implementation of the Chaplain Schmitt Island Master Plan a top priority; and Whereas, the City of Dubuque proposes a trail project that connects outdoor amenities on the Island. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Section 1. That the Mayor hereby is authorized and directed to submit an application for the Land and Water Conservation Fund grant on behalf of the City of Dubuque for the Chaplain Schmitt Island Trail Extension Project. Section 2. That the Leisure Services Manager and the City Manager are hereby authorized to approve the application that is submitted to the Iowa Department of Natural Resources. Section 3. That the City Manager is hereby authorized and directed to forward said application and resulting standard executed contract to the respective agencies in a timely fashion and as required by the Iowa Department of Natural Resources. Passed, approved, and adopted this 7th day of March 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 8. 2022 Asphalt Overlay Program – Dubuque County Agreement: Upon motion the documents were received, filed, and approved. 9. Althauser Street and Eagle Street Water Main Reconstruction Project : Upon motion the documents were received, filed, and approved. 10. Liquor License Renewals: Upon motion the documents were received and filed, and Resolution No. 75-22 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 was adopted. RESOLUTION NO. 75-22 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 Chopper's, 601 Rhomberg Ave. Eagles Club, 1175 Century Dr. Four Mounds Inn and Conference Center, 4900 Peru Rd. Hy-Vee Fast and Fresh Express 2, 2435 NW Arterial Esther's Lounge formally Main St. Social, 123 Main St. Noonan’s Tap, 1618 Central Ave. Phoenix Theatres, 555 John F Kennedy Rd. # 105 Salsa's Mexican Restaurant, 1091 Main St. Sportsters Pub & Grub, 2600 Central Ave. The Vault Restaurant and Cocktail Lounge, 342 Main St. Adding A Privilege Gino’s East of Dubuque – Adding Outdoor Service to Sidewalk area - Permanently, 333 East 10th Street Suite 10 Hotel Julien - Adding Outdoor Service to Sidewalk area - 4-22-22, 200 Main St. JC’s Bar and Grill – Adding Sunday Sales, 900 Central Ave. Lina’s Lounge – Adding Outdoor Service to Patio area – 3-1-22 to 11-1-22, 2055 Holliday Dr. Passed, approved, and adopted this 7th day of March 2022. 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. i. Community Development Advisory Commission: One, 3-year term through February 15, 2024 (Vacant term of Grant). Applicant: Sasha Williams, 2980 WildWood Dr. Mayor Cavanagh stated that the City Council received written correspondence from Ms. Williams in support of her application. ii. Zoning Board of Adjustment: One 5-Year term of through March 25, 2027 (Expiring term of Golombeski). Applicant: Bethany Golombeski, 65 Cambridge Ct. This commission is subject to the State of Iowa Gender Balance Law. 5 Commissioners total; currently 3 males/1 female/1 opening PUBLIC HEARINGS 1. Disposition of Vacated Alley in Buettel & Langworthy’s Addition to the City of Dubuque, Dubuque County, Iowa to Derald A. Schrobilgen and Jean A. Schrobilgen: Motion by Resnick to receive and file the documents and adopt Resolution No. 76-22 Disposing of city interest in Lot 7A in Buettel & Langworthy’s Addition to the City of Dubuque, Dubuque County, Iowa . Seconded by Sprank. Motion carried 6-0. RESOLUTION NO. 76-22 DISPOSING OF CITY INTEREST IN LOT 7A IN BUETTEL & LANGWORTHY’S ADDITION TO THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 25th day of February, 2022, the City Council of the City of Dubuque, Iowa met by virtual means on the 7th day of March, 2022, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot 7A in Buettel & Langworthy’s Addition to the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the conveyance of City of Dubuque real property described as Lot 7A in Buettel & Langworthy’s Addition to the City of Dubuque, Dubuque County, Iowa, to Derald A. Schrobilgen and Jean A. Schrobilgen be and the same is hereby approved. Conveyance shall be by Quit Claim Deed. Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to Derald A. Schrobilgen and Jean A. Schrobilgen. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved, and adopted this 7th day of March 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Stumps / Sidewalks Project Three: Motion by Roussell to receive and file the documents and adopt Resolution No. 77-22 Approval of Plans, Specifications, Form of Contract, and estimated cost for the Stump / Sidewalks Project Three. Seconded by Farber. Motion carried 6- 0. RESOLUTION NO. 77-22 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE STUMP / SIDEWALKS PROJECT THREE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE C ITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Stumps / Sidewalks Project Three, in the estimated amount $159,732.40, are hereby approved. Passed, adopted, and approved this this 7th day of March 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk ACTION ITEMS 1. Appointment of Jason Lehman as Assistant City Attorney: Motion by Resnick to receive and file the documents and adopt Resolution No. 78-22 Approving the appointment of Jason Lehman as Assistant City Attorney for the City of Dubuque . Seconded by Sprank. Responding to a question from the City Council, City Attorney Brumwell provided a brief biography of Mr. Lehman. Motion carried 6-0. RESOLUTION NO. 78-22 APPROVING THE APPOINTMENT OF JASON LEHMAN AS ASSISTANT CITY ATTORNEY FOR THE CITY OF DUBUQUE Whereas, Assistant City Attorney Maureen Quann resigned from the position in August 2021; and Whereas, City Attorney Crenna Brumwell has recommended that her appointment of Jason Lehman as Assistant City Attorney be approved by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The appointment of Jason Lehman as Assistant City Attorney for the City of Dubuque is hereby approved. Passed, approved, and adopted this 7th day of March, 2022. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Submission of Fiscal Year Ended June 30, 2021 Annual Comprehensive Financial Report (ACFR) and Auditor’s Communication with Those Charged with Governance: Motion by Roussell to receive and file the documents and listen to the presentation. Seconded by Resnick. Assistant Finance Director Cassie Ross made a presentation. City Council Members congratulated the Finance Department on the successful audit. Motion carried 6 -0. 4. Government Finance Officers Association Distinguished Budget Presentation Award: Motion by Resnick to receive and file the documents. Seconded by Roussell. City Council Members congratulated the Finance Department on the award. Motion carried 6 -0. 5. Amendment of the Smoke Alarm Ordinance: Motion by Roussell 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. Responding to a question from the City Council, Housing and Community Development Director Alexis Steger stated that interconnected smoke alarms will only be required when improvements are made to applicable properties. Motion carried 6-0. Motion by Roussell for final consideration and passage of Ordinance No. 9-22 Amending City of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation and Environment, Chapter 9 Fire Prevention Regulations, Section 6-9-6 Smoke Detection. Seconded by Sprank. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 9-22 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 HEALTH, HOUSING, SANITATION AND ENVIRONMENT, CHAPTER 9 FIRE PREVENTION REGULATIONS, SECTION 6-9-6 SMOKE DETECTION NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 6-9-6 of the City of Dubuque Code of Ordinances is amended to read as follows: 6-9-6: SMOKE ALARMS: An existing building undergoing renovation of any level as defined in the International Existing Building Code that contains a Residential occupancy above any other occupancy, that would not otherwise require a sprinkler system or fire alarm system, shall be required to install multi-station smoke alarm(s) on each level of the building or structure in each public or common area and in the basement at locations appro ved by the Fire Marshall. The smoke alarms shall be installed according to the manufacturer's instructions. Interconnection is required between these smoke alarms. Power by building wiring, or battery power is acceptable. Interconnection by building wiring or wireless is acceptable. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 7th day of March, 2022. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 11th day of March, 2022. /s/Adrienne N. Breitfelder, City Clerk COUNCIL MEMBER REPORTS Council Member Roussell thanked the students of St. Columbkille Elementary School for the thank you notes she received. Council Member Farber reported that she is scheduled to meet with students of St. Columbkille Elementary School on March 18th. Mayor Cavanagh reported on participating in a roundtable discussion with the United States Department of Treasury on sustainability initiatives. Mayor Cavanagh also reported that he will serve as a moderator on a panel for an upcoming Mississippi River Cities and Towns Initiative (MRCTI) conference. There being no further business, Mayor Cavanagh declared the meeting adjourned at 7:22 p.m. /s/Adrienne N. Breitfelder City Clerk