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03 06 23 City Council Proceedings Official_RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on March 6, 2023, in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Cavanagh; Council Members Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen, City Attorney Brumwell. Mayor Cavanagh read the call and stated this is a 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 City Clerk Breitfelder announced that Public Hearing No. 2: Public Hearing for Sale of City - Owned Property at 612 Lincoln Avenue, was removed from the m eeting. PRESENTATION(S) 1. 2023 Governor’s Arts Award for Arts Service Recognition for Arts & Cultural Affairs Manager Jenni Petersen-Brant: David Schmitz, Administrator with the Iowa Arts Council; and Nick Halder, Chair of the Arts and Cultural Affairs Advisory Commission, recognized Arts & Cultural Affairs Manager Jenni Petersen-Brant for receiving a 2023 Governor’s Arts Award for Arts Service. PROCLAMATION(S) 1. Irish American Heritage Month (March 2023) was accepted by Patrick Leonard on behalf of the Ancient Order of Hibernians Dubuque Division #2. 2. National Kidney Month (March 2023) was accepted by Mary and Barry Murphy o n behalf of the National Kidney Foundation. 3. AmeriCorps Week (March 12 - 18, 2023) was accepted by AmeriCorps and Volunteer Services Coordinator Sarah Berna and Community Impact Director Heather Satterly o n behalf of the City of Dubuque AmeriCorps Program. 4. Honeybee Day (March 16, 2023) was accepted by H.R. Cook on behalf of the Iowa Honey Producers Association and Swiss Valley Bee Club. CONSENT ITEMS Council Member Jones requested Item No. 5 be held for separate discussion. Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated, except for Item No. 5. Seconded by Wethal. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 2/20/23 and 2/21/23; Civil Service Commission of 2/8/23 and 2/20/23; Resilient Community Advisory Commission of 1/5/23 and 2/2/23; Proof of Publication for City Council Proceedings of 2/6/23. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Brenda Atkinson for property damage; Jacqueline Budde for vehicle damage; Colin Hollenback for vehicle damage; Victor Mowery for vehicle damage; Tonia Nicholson for vehicle damage; Wayne Ramaker 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 Assurance Pool: Brenda Atkinson for property damage; Jacqueline Budde for vehicle damage; Steven Grutzmacher for property damage; Colin Hollenback for vehicle damage; Michael Lange for vehicle damage; John Lockwood for vehicle damage; Victor Mowery for vehicle damage; Tonia Nicholson for vehicle damage; Wayne Ramaker for vehicle damage. Upon motion the documents were received, filed, and concurred. 4. Approval of City Expenditures: Upon motion the documents were received and filed, and Resolution No. 57-23 Authorizing the Chief Financial Officer/City Treasurer to make certain payments of bills that must be paid and approved for payment in accordance with City procedures was adopted. RESOLUTION NO. 57-23 AUTHORIZING THE CHIEF FINANCIAL OFFICER / CITY TREASURER TO MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT IN ACCORDANCE WITH CITY PROCEDURES 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 d isbursements, money, or property, specifying date, to whom, and from what fund paid; and Whereas, the invoices, presented by those firms and persons providing such goods and services have been pre-audited by Finance Department personnel in accordance with generally accepted internal control procedures and have been determined to have been requisitioned for a lawful municipal purpose; and Whereas, the Chief Financial Officer-City Treasurer has provided a list of Expenditures attached hereto, and by this refe rence made a part hereof, to be drawn to pay for goods and services provided for City purposes; and Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142 -18 adopted May 7, 2018, authorized the Chief Financial Officer -City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to 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 Chief Financial Officer-City Treasurer is hereby authorized to issue payment for goods and services provided for City purposes in response to the purchase orders and contracts issued in compliance with state and municipal code requirements as requested by designated requisitioning authorities in accordance with approved budget appropriations. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Chief Financial Officer are hereby authorized and directed to provide the statement of rece ipts and disbursements to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 6th day of March, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Announcement of Solid Waste Agency Administrat or Ken Miller serving as incoming President of the North American Hazardous Materials Management Association (NAHMMA): Council Member Jones congratulated Solid Waste Agency Administrator Ken Miller for serving as incoming President of NAHMMA. Motion by Jones and receive and file the documents. Seconded by Roussell. Motion carried 7 -0. 6. 2023 Asphalt Overlay Curb Ramp Project 2: Upon motion the documents were received, filed, and made a matter of record. 7. Submittal of Fiscal Year 2022/Program Year 2021 Community Development Block Grant Consolidated Annual Performance and Evaluation Report (CAPER): Upon motion the documents were received and filed, and Resolution No. 58 -23 Acknowledging the submission of a Consolidated Annual Performance and Evaluation Report (CAPER) for the period commencing July 1, 2021 and concluding June 30, 2022 was adopted. RESOLUTION NO. 58-23 ACKNOWLEDGING THE SUBMISSION OF A CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) FOR THE PERIOD COMMENCING JULY 1, 2021 AND CONCLUDING JUNE 30, 2022 Whereas, the City of Dubuque, Iowa, is an entitlement grant recipient under the Community Development Block Grant (CDBG) Program of the U.S. Department of Housing and Urban Development (HUD); and Whereas, the CDBG regulations require each entitlement recipient must submit a performance and evaluation report, Consolidated Annual Performance and Evaluation Report (CAPER); and Whereas, the City has 1) prepared a CAPER for the program year commencing July 1, 2021 and concluding June 30, 2022; 2) published notice of availability of the CAPER in the Telegraph Herald and City of Dubuque website on February 1, 2023 and; 3) made copies of the CAPER available for public review; 4) held a public hearing pursuant to required 15 -days published notice before the Community Development Advisory Commission on February 22, 2023. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Consolidated Annual Performance and Evaluation Report (CAPER) for the period commencing July 1, 2021, and concluding June 30, 2022, is hereby approved for submission upon the completion of the Public Hearing held on February 22nd, 2023. Section 2. That the Mayor of the City of Dubuque is hereby acknowledging the Consolidated Annual Performance and Evaluation Report (CAPER) was submitted on behalf of the City of Dubuque, Iowa. Section 3. That the City Manager or his designee of the City of Dubuque is hereby acknowledging staff submitted the Consolidated Annual Performance and Evaluation Report (CAPER) along with any public comment to the U.S. Department of Housing and Urban Development. Passed, approved, and adopted this 6th day of March 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 8. Community Development Block Grant Fiscal Year 2023 Annual Action Plan Amendment #1: Upon motion the documents were received and filed, and Resolution No. 59 -23 Adopting the Fiscal Year 2023 (Program Year 2022) Community Development Block Grant (CDBG) Annual Action Plan Amendment #1 was adopted. RESOLUTION NO. 59-23 ADOPTING THE FISCAL YEAR 2023 (PROGRAM YEAR 2022) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN AMENDMENT #1 Whereas, the City of Dubuque, through a series of public meetings and hearings, prop osed a Fiscal Year 2023 (Program Year 2022) Community Development Block Grant Annual Action Plan for inclusion in the City Budget addressing housing and non -housing needs in the community; and Whereas, the Community Development Advisory Commission held a public hearing on February 22nd, 2023 to receive community input on the first amendment to the Fiscal Year 2023 (Program Year 2022) Community Development Block Grant Annual Action Plan; and Whereas, the Community Development Advisory Commission unanimously recommended the City Council approve Amendment #1 to the Fiscal Year 2023 (Program Year 2022) Community Development Block Grant Annual Action Plan on February 22, 2023. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Community Development Block Grant Fiscal Year 2023 (Program Year 2022) Annual Action Plan Amendment #1, attached hereto and by this reference made a part hereof, is hereby approved. Section 2. The City Manager or his designee of the City of Dubuque is hereby authorized to directed staff to prepare and submit to the United States Department of Housing and Urban Development the Fiscal Year 2023 (Program Year 2022) Annual Action Plan Amendment #1 with all related documents, for the use of Community Development Block Grant funds based on this adopted budget and execute standard contracts and agreements. Passed, approved, and adopted this 6th day of March 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 9. Notice of Award and Request for Execution of Agreement for Volunteer DBQ: City Volunteer Engagement Initiative: Upon motion the documents were received, filed, and approved. 10. Assistance to Firefighters Grant: Upon motion the documents were received, filed, and approved. 11. Menard Inc. Property Tax Appeal Stipulation of Settlement : Senior Counsel transmitted notice of a stipulation of settlement and the proposed settlement agreement for a property tax appeal filed by Menard Inc. for their property located a t 5300 Westside Drive. Upon motion the documents were received and filed. 12. Mediacom Communications Corporation Correspondence on Rate Adjustments : Correspondence from Lee Grassley, Senior Manager of Government Relations for Mediacom Communications Corporation, informing the city of rate adjustments being implemented on or about April 1, 2023. Upon motion the documents were received and filed. 13. Approval of 2022 City Council Official Proceedings: Upon motion the documents were received, filed, and approved. 14. Approval of Retail Alcohol Licenses: Upon motion the documents were received and filed, and Resolution No. 60-23 Approving applications for retail alcohol licenses, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 60-23 APPROVING APPLICATIONS FOR RETAIL ALCOHOL LICENSES, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQUOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for retail alcohol licenses have been submitted and filed with the City Council for approval, and the same have been examined, provisionally approved, and/or approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City, and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Clerk is hereby authorized and directed to cause to be issued at the noted premise address to the following applicants pend ing submission of the locally required documentation: New Applications Dungeon LTD 302 Locust St. Panchero’s Mexican Grill 4840 Asbury Rd. Renewals BP Fuel 1450 Loras Blvd. Clarke University 1550 Clarke Dr. Dubuque Lodge No. 355 2635 Windsor Ave. Foodie Garage Eatery 1046 Central Ave. Hilton Garden Inn & Q Casino & Houlihan's 1801, 1805, and 1855 Greyhound Park Dr. Lot One, LLC 100 Main St. Old Chicago Pizza And Taproom 3100 Dodge St. Olive Garden Italian Restaurant 3350 Dodge St. Shenanigans 3203 Jackson St. Whiskey River 1070 University Ave. Special Event(s) per Special Event Application Submittal HAVlife Tri-State Martini Shake Off 3-6-23 to 3-10-23 Diamond Jo Casino - Upper Hallway and Harbor Room Passed, approved, and adopted this 6th day of March 2023. 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 7-0. 1. Vacating of a portion of certain Sanitary Sewer Easements across a Part of Lot 1 of Dubuque Industrial Center 14th Addition, in the City of Dubuque, Iowa: Upon motion the documents were received and filed and Resolution No. 61-23 Intent to vacate and dispose of City interest in a portion of Easements for Sanitary Sewer Utilities over and across a part of Lot 1 of Dubuque Industrial Center 14th Addition, in the City of Dubuque, Iowa was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 20, 2023 in the Historic Federal Building. RESOLUTION NO. 61-23 INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN A PORTION OF EASEMENTS FOR SANITARY SEWER UTILITIES OVER AND ACROSS A PART OF LOT 1 OF DUBUQUE INDUSTRIAL CENTER 14TH ADDITION, IN THE CITY OF DUBUQUE, IOWA Whereas, per an agreement between the City of Dubuque, Dubuque Initiatives, MAR Holdings, and Geisler Family Realty Company, the parties wish to set forth terms for the relocation of a proposed public sanitary sewer utility located in Part of Lot 1 of Dubuque Industrial Center 14th Addition, in the City of Dubuque, Dubuque County, Iowa; and Whereas, that sanitary sewer easements were included on the Plat of Survey recorded as Instrument No. 10616-99 and the Final Plat recorded as Instrument No. 2006 -11108 in the Dubuque County Recorder’s Office; and Whereas, a part of the City of Dubuque sanitary sewer that had previously been constructed inside the easements provided on Plat of Survey recorded as Instrument No. 10616 -99 and the Final Plat recorded as Instrument No. 2006-11108 in the Dubuque County Recorder’s Office have been relocated to a new alignment by Geisler Fa mily Realty; and Whereas, per Resolution No. 272-22 the City of Dubuque has inspected and tested and accepted the newly constructed and relocated sanitary sewer for ownership and maintenance and as per Resolution No. 40-22 the City has accepted a Grant of Sanitary Sewer for the newly constructed and relocated sanitary sewer; and Whereas, per said agreement the City is responsible for vacating a portion of the former sanitary sewer easement area through a part of Lot 1 of Dubuque Industrial Center 14th Addition, in the City of Dubuque, Dubuque County, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, intends to vacate and dispose of its interest in a portion of the sanitary sewer easements across a part of Lot 1 of Dubuque Industrial Center 14th Addition, in the City of Dubuque, Iowa, included on the Plat of Survey recorded as Instrument No. 10616-99 and the Final Plat recorded as Instrument No. 2006-11108 in the Dubuque County Recorder’s Office. Section 2. That a public hearing, and/or by virtual means on the intent to vacate and dispose of City interest in a portion of the sanitary sewer easements across a part of Lot 1 of Dubuque Industrial Center 14th Addition, in the City of Dubuque, Iowa, included on the Plat of Survey recorded as Instrument No. 10616-99 and the Final Plat recorded as Instrument No. 2006 - 11108 in the Dubuque County Recorder’s Office, is hereby set for the 20th day of March, 2023, at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa, beginning at 6:30 p.m., and the City Clerk be and is hereby authorized and directed to cause a notice of public hearing on the intent to vacate and dispose of said interest to be published in the manner as prescribed by law. Passed, approved, and adopted this 6th day of March, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Resolution of Necessity for the Proposed Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, Version 2023.1: Upon motion the documents were received and filed and Resolution No. 62-23 Authorizing and directing the City Manager to prepare an Amended and Restated Urban Renewal Plan, Version 2023.1 for the Greater Downtown Urban Renewal District and setting the date for a public hearing and consultation on the proposed Amended and Restated Urban Renewal Plan, Version 2023.1 for said district was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on April 3, 2023 in the Historic Federal Building. RESOLUTION NO. 62-23 AUTHORIZING AND DIRECTING THE CITY MANAGER TO PREPARE AN AMENDED AND RESTATED URBAN RENEWAL PLAN, VERSION 2023.1 FOR THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT AND SETTING THE DATE FOR A PUBLIC HEARING AND CONSULTATION ON THE PROPOSED AMENDED AND RESTATED URBAN RENEWAL PLAN, VERSION 2023.1 FOR SAID DISTRICT Whereas, the City Council of the City of Dubuque has heretofore approved the Amended and Restated Urban Renewal Plan (the “Plan” of “Urban Renewal Plan”) for the Greater Downtown Urban Renewal District (the “District”) in order to provide redevelopment opportunities which will further the purposes and objectives of the Urban Renewal Plan; and Whereas, City staff has recommended that the Urban Renewal Plan be further amended and restated to add a project to the public purpose activities in the District; and Whereas, Iowa Code Chapter 403 requires that before an Urban Renewal Plan may be modified, the City Council must follow the notification, consultation, an d public hearing process set forth herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager is authorized and directed to prepare an Amended and Restated Urban Renewal Plan, Version 2023.1 f or the Greater Downtown Urban Renewal District to accomplish the foregoing purposes and objectives, to include in such Amended and Restated Urban Renewal Plan, Version 2023.1 any appropriate project activities and details, to determine an appropriate date for and conduct the consultation process required by law with affected taxing entities concerning the proposed Amended and Restated Plan, Version 2023.1. Section 2. That the City Clerk is directed to publish notice of a public hearing on the adoption of an Amended and Restated Urban Renewal Plan, Version 2023.1 for the Greater Downtown Urban Renewal District to be held on the 3rd day of April, 2023, at 6:30 p.m. in the form attached hereto. The notice of said hearing shall generally identify the areas cove red by the proposed Amended and Restated Urban Renewal Plan, Version 2023.1 and the general scope of the urban renewal activities planned for such areas and said notice shall be published in a newspaper having general circulation within the City not less than four days nor more than twenty days before the date of said meeting. A copy of the notice of public hearing shall be sent by ordinary mail to the affected taxing entities. Section 3. That the Economic Development Director is directed to send by ordin ary mail a copy of the proposed Amended and Restated Urban Renewal Plan, Version 2023.1, the notice of public hearing, a notice of consultation, and, to the extent the Amended and Restated Urban Renewal Plan, Version 2023.1 includes the use of tax increment revenues for a public building, an analysis of alternative development and funding options for such public buildings, to the Dubuque Community School District Board of Education and Dubuque County Board of Supervisors, as the affected taxing entities. Passed, approved, and adopted this 6th day of March, 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk PUBLIC HEARINGS 1. Petition to Vacate and Dispose of City Interest a portion of the Stoneman Road Right of Way, in the City of Dubuque, Iowa for Vacation Petition (to Hills and Dales Childhood Development Center) as part of the Stoneman Road Reconstruction Project: Motion by Resnick to receive and file the documents and adopt Resolution No. 63 -23 Vacating a portion of Stoneman Road, in the City of Dubuque, Iowa, known as Lot 2-2-1-2-1-2-2-2-2-2-B of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., in the City of Dubuque, Iowa; and Resolution No. 64-23 Disposing of City interest in Lot 2-2-1-2-1-2- 2-2-2-2-B of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., in the City of Dubuque, Iowa. Seconded by Wethal. City Council Members expressed enthusiasm for the project and partnership with the Hills and Dales Childhood Development Center. Motion carried 7-0. RESOLUTION NO. 63-23 VACATING A PORTION OF STONEMAN ROAD, IN THE CITY OF DUBUQUE, IOWA, KNOWN AS LOT 2-2-1-2-1-2-2-2-2-2-B OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 28, T89N, R2E OF THE 5TH P.M., IN THE CITY OF DUBUQUE, IOWA Whereas, per an agreement with Hills and Dales Childhood Development Center approved by Resolution No. 170-22, the City is to vacate a portion of the Stoneman Road right of way originally platted as a cul-de-sac at the westerly end of Stoneman Road and is to convey the property to Hills and Dales for use as parking lot; and Whereas, the City of Dubuque Engineering Depa rtment has prepared and submitted to the City Council a plat showing the proposed vacated right of way of Stoneman Road, in the City of Dubuque, Iowa and assigned a lot number thereto, to be known as Lot 2 -2-1-2-1-2-2-2-2-2-B of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., in the City of Dubuque, Iowa; and Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation publish ed in the City of Dubuque, Iowa on the 24th day of February 2023, the City Council of the City of Dubuque, Iowa met by public and/or virtual means on the 6th day of March, 2023, 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 request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa, has determined that the proposed vacation of Lot 2-2-1-2-1-2-2-2-2-2-B of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., in the City of Dubuque, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 2 -2-1-2-1-2-2-2-2-2-B of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., in the City of Dubuque, Iowa, be and the same is hereby vacated. Passed, approved, and adopted this 6th day of March 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 64-23 DISPOSING OF CITY INTEREST IN LOT 2-2-1-2-1-2-2-2-2-2-B OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 28, T89N, R2E OF THE 5TH P.M., IN THE CITY OF DUBUQUE, 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 24th day of February, 2023, the City Council of the City of Dubuque, Iowa met by in person and/or by virtual means on the 6th day of March, 2023, 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 2-2-1-2-1-2-2-2-2-2-B of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., in the City of Dubuque, Iowa; and 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 2 -2-1-2-1- 2-2-2-2-2-B of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., in the City of Dubuque, Iowa, to Hills and Dales Childhood De velopment Center 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 dee d of conveyance to Hills and Dales Childhood Development Center. 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 6th day of March 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk ACTION ITEMS 1. Greater Dubuque Development Corporation - Quarterly Update: Motion by Roussell to receive and file the documents and listen to the presentation. Seconded by Farber. President and CEO Rick Dickinson presented the quarterly update on the activities of the Greater Dubuque Development Corporation and responded to questions from the City Council. Motion carried 7-0. 2. Request to Reschedule Public Hearing on Fiscal Year 2024 City Budget: City Manager Van Milligen requested this item be removed from the meeting, as city staff anticipate that the public hearing can occur on the originally scheduled date of March 23, 2023. 3. Authorize City Manager to negotiate a final agreement with the selected consultant for the Eagle Valley, Westbrook, & English Ridge Subdivision Park Development, Jackson Park Restrooms and Amenities, & Murphy and Madison Park Playground Replacement Design and Construction Management Services Request for Proposal: Motion by Sprank to receive and file the documents and approve authorizing the City Manager to negotiate a final agreement with the selected consultant of the Request for Proposal (RFP) for the Eagle Valley, Westbrook, & English Ridge Subdivision Park Development, Jackson Park Restrooms and Amenities, & Murphy and Madison Park Playground Replacement Design and Construction Management Services. Seconded by Wethal. City Council Members relayed public input provided to them in support of the proposed park developments and stated that parks are an important amenity for workforce attraction and retention. Motion carried 7-0. 4. City of Dubuque Employment Recruitment Brochure: Motion by Roussell to receive and file the documents. Seconded by Jones. City Council Members complimented the brochure. Motion carried 7-0. 5. Request for Work Session: Dubuque Regional Bicycle & Pedestrian Plan : Motion by Jones to receive and file the documents and schedule the work session for Monday, March 20, 2023, at 6:00 p.m. Seconded by Sprank. No schedule conflicts were expressed. Motion carried 7 -0. 6. Request for Work Session: Carnegie-Stout Public Library Strategic Plan: Motion by Jones to receive and file the documents and schedule the work session for Monday, April 3, 2023, at 6:00 p.m. Seconded by Roussell. No schedule conflicts were expressed. Motion carried 7 -0. 7. Second Annual Dubuque Police Department Awards & Recognition Night Video: Motion by Farber to receive and file the documents and view the video. Seconded by Roussell. Media Services showed a video of the Dubuque Police Department's second annual awards and recognition ceremony that honors members of the police force that go above and beyond in service to the community, complete acts beyond the call of duty, perform acts which an officer placed his/her life in jeopardy, and carry out other heroic measures. This video was produced by Media Services staff in the Public Information Office and can be viewed at: https://www.youtube.com/watch?v=0QxEP8t2FQA. Motion carried 7-0. 8. Dubuque Fire Academy Begins Video: Motion by Jones to receive and file the documents and view the video. Seconded by Resnick. Media Services showed a video of Dubuque Fire Department candidates beginning an 8-week training course, which covers policies and procedures, equipment handling, and everything needed to serve the Dubuque community. This video was produced by Media Services staff in the Public Information Office and can be viewed at: https://www.youtube.com/watch?v=9NC8fOHO8l0. City Council Members congratulated the Fire Department on their number of new recruits. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Sprank reported on recent state legislation targeting the LGBTQ+ community and urged residents to contact their legislators. Council Member Jones reported on Dubuque Senior High School ’s recent opening celebration of their renovated theatre. Council Member Wethal expressed enthusiasm for the local high school students who participated in peaceful demonstrations in support of the LGBTQ+ community. Mayor Cavanagh reported on his various opportunities to travel to Des Moines and Washington D.C. to build partnerships with the legislatures and advocate for the city. Council Member Farber reported on her recent IT Committee meeting with the National League of Cities (NLC). CLOSED SESSION Motion by Jones to convene in closed session at 7:44 p.m. to discuss Pending Litigation and Purchase or Sale of Real Estate – Chapter 21.5(1)(c),(j) Code of Iowa. Seconded by Sprank. Mayor Cavanagh stated for the record that the attorney who will consult with City Council on the issues to be discussed in the closed session is City Attorney Crenna Brumwell. Motion carried 7-0. The City Council reconvened in open session at 8:46 p.m. stating that staff had been given proper direction. There being no further business, Mayor Cavanagh declared the meeting adjourned at 8:46 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk