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9 21 20 City Clerk's Skeleton Notes and Meeting CallCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on September 21, 2020. Due to the COVID-19 pandemic and mandates for social distancing, this meeting was conducted virtually through GoToMeeting and aired live on CityChannel Dubuque (Mediacom cable channels 8 and 117.2), streamed live on the city's website at www.cityofdubuque.org/media, and streamed live on the City's Facebook page at www.facebook.com/cityofdubuque. Present: Mayor Buol; Council Members Cavanagh, gh, J�ines, L nch, Resnick, RAIL —ell, Sprank; City Managern Milligen, City Attorn2y Brumwell Abnt: Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PRESENTATION(S) 1. COVID-19 Update 0-63 Mary Rose Corrigan, Public Health Specialist for the City of Dubuque, will provide an update on the COVID-19 pandemic and response activities. PROCLAMATION(S) 1. Bike -to -Work Day/Week (September 21-27, 2020) was accepted by Acting Transportation Services Director Russ Stecklein. 2. Fire Prevention Week (October 4-20, 2020) was accepted by Fire Chief Rick Steines. 1 Yays / Nays Sprank °✓ Cavanagh ✓ Roussell -1,/ Lynch Y Buol Resnick 2 Jones CONSENT ITEMS /616t; 9/2/ 1. Minutes and Reports Submitted City Council proceedings of 9/8; Historic Preservation Commission of 8/20; Zoning Advisory Commission of 9/2; Zoning Board of Adjustment of 8/27, 9/4. Suggested Disposition: Receive and File 2. Notice of Claims and Suits Lisa Kramer for vehicle damage, Steven Mai for property damage / personal injury. Suggested Disposition: Receive and File; Refer to City Attorney 3. Disposition of Claims City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Lisa Kramer for vehicle damage, and Steven Mai for personal injury / property damage. Suggested Disposition: Receive and File; Concur 4. Approval of City Expenditures City Manager recommending City Council approval for payment of City expenditures. RESOLUTION 287-20 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 Suggested Disposition: Receive and File; Adopt Resolution(s) 5. Final Plat of Cedar Ridge Farm Place No. 17 Zoning Advisory Commission recommending approval of the Final Plat of Cedar Ridge Farm Place No. 17 subject to waiving the lot frontage requirement for Lot 1 and Lot 2. RESOLUTION 288-20 Approving the Final Plat of Cedar Ridge Farm Place No. 17, City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 6. Final Plat of Derby Grange Subdivision No. 5 Zoning Advisory Commission recommending approval of the Final Plat of Derby Grange Subdivision No. 5. RESOLUTION 289-20 Approving the Final Plat of Survey for Derby Grange Subdivision No. 5, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 2 Yays Nays Sprank Cavanagh Roussel) Lynch Buol Resnick Jones 7. Pre -Annexation Agreement - Derby Grange Subdivision, Ronald J & Mary E Breitbach City Manager recommending approval of a Pre -Annexation Agreement with Ronald J. and Mary E. Breitbach in conjunction with a request for approval of the Plat of Survey for 14.5 acres located at Lot 2 in Derby Grange No. 2 and Lot B Derby Grange No. 3. RESOLUTION 290-20 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Ronald J. and Mary E. Breitbach Suggested Disposition: Receive and File; Adopt Resolution(s) 8. Acceptance of the University Avenue and Grandview Avenue Intersection Improvement Project City Manager recommending acceptance of the improvements for the University Avenue and North Grandview Avenue Roundabout Intersection Improvement Project, as completed by Eastern Iowa Excavating and Concrete, LLC. RESOLUTION 291-20 Accepting the University Avenue and North Grandview Avenue Roundabout intersection Improvement Project and authorizing the payment to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 9. Montana House, LLC - First Amendment to Grant Agreement for 245 W. lst Street City Manager recommending approval of a First Amendment to Grant Agreement between the City of Dubuque and Montana House, LLC to redevelop property at 245 W. 1st Street. RESOLUTION 292A-20 Approving the First Amendment to Grant Agreement between the City of Dubuque, Iowa and Montana House, LLC Suggested Disposition: Receive and File; Adopt Resolution(s) 10. 2021 Dubuque County Law Enforcement Task Force Grant, Subrecipient Funds City Manager recommending acceptance of the 2021 Dubuque County Law Enforcement Task Force Grant, with the City of Dubuque as a subrecipient which will provide partial funding for one Dubuque Drug Task Force narcotics investigator. Suggested Disposition: Receive and File; Approve 3 Yays Nays Sprank Cavanagh Roussel) Lynch Buol Resnick Jones 11. 2021 Iowa Governor's Traffic Safety Bureau (GTSB) Grant Funds City Manager recommending acceptance of the 2021 Iowa Department of Public Safety, Governor's Traffic Safety Bureau Grant funds in the amount of $34,350 to be used to support traffic related overtime enforcement, training related travel and equipment, to include three preliminary breath test intoximeters. Suggested Disposition: Receive and File; Approve 12. Cottingham & Butler Insurance Services, Inc. - Close Out of Business Assistance Contract 15-DF-034 City Manager submitting documents informing the City that the terms of a Business Assistance Contract from the Iowa Economic Development Authority to Cottingham & Butler Insurance Services, Inc. have been satisfied, and the contract has been closed out by the State. Suggested Disposition: Receive and File 13. Fiscal Year 2020 Street Finance Report City Manager recommending approval of the City of Dubuque's Fiscal Year 2020 City Street Financing Report and authorize filing with the Iowa Department of Transportation. RESOLUTION 292-20 Approving the City of Dubuque Fiscal Year 2020 City Street Financing Report Suggested Disposition: Receive and File; Adopt Resolution(s) 14. Authorizing Resolution Naming Acting Director as FTA and IDOT Active Delegate of Transportation Services City Manager recommending approval of resolutions appointing Acting Director of Transportation Services Russell Stecklein as an active delegate to make decisions with the FTA and IDOT on behalf of the City of Dubuque. RESOLUTION 293-20 Authorizing the Director of Transportation Services file applications with the Federal Transit Administration, an Operating Administration of the United States Department of Transportation, for Federal Transportation Assistance authorized by 49 U.S.C. Chapter 53 Title 23 United States Code and other Federal statutes administered by the Federal Transit Administration RESOLUTION 294-20 Authorizing the Director of Transportation Services file applications with the Iowa Department of Transportation — Office of Public Transit. Suggested Disposition: Receive and File; Adopt Resolution(s) 4 Yays Nays Sprank Cavanagh Roussell Lynch Buol Resnick Jones 15. Awarding Snow Removal and Ice Control Requests for Bids for 2020 and 2022 City Manager recommending approval to award the winning bids for snow removal for the City's sidewalks, ramps and surface lots that are managed by the Parking Division to Skyline Construction, TriState Paving Services, and Dan Arensdorf Construction, Inc. Suggested Disposition: Receive and File; Approve 16. Proposed License Agreement between City of Dubuque and ImOn Communications, LLC City Manager recommending approval of a License Agreement with imOn Communications to co -locate critical City technology infrastructure at the ImOn Communication Network Operations Center. Suggested Disposition: Receive and File; Approve 17. Proposed Amendments to Master Co -location and Shared Services Agreement Between the City of Dubuque and Unite Private Network City Manager recommending approval of four amendments to an existing Master Co - Location and Shared Services Agreement with Unite Private Network. Suggested Disposition: Receive and File; Approve 18. GARE Innovation and Implementation Fund Arts and Culture Grant Application City Manager recommending acceptance of a grant application submitted on July 19, 2020, to the Government Alliance on Race & Equity (GARE) Innovation and Implementation Fund Arts and Culture Grant program to support planning and outreach related to the Dubuque Renaissance Project. Suggested Disposition: Receive and File; Approve 19. Letter of Recommendation for 2020 Coronavirus Relief Fund Future Ready Iowa Employer Innovation Fund Grant for Four Mounds. City Manager submitting a Letter of Recommendation in support of Four Mounds as a potential recipient of the 2020 Coronavirus Relief Fund Future Ready Iowa Employer Innovation Fund Grant. Suggested Disposition: Receive and File; Approve 5 Citizen Petition - UnmaskDBQ • !!!! /� Yays Nays Sprank avanagh ,Roussel) ynch Buol ,t,.:1_14esnick Jones filei dr)°, /3z &RV' dam! - IA) 4"/ZA PrVp Citizen Petition from UnmaskDBQ requesting immediate termination of the mask mandate [Face Covering Ordinance]. Suggested Disposition: Receive and File 21. Signed Contract(s) 2020 Usage Agreement Revision with Clarke University for Veterans Memorial Park. Suggested Disposition: Receive and File 22. Improvement Contracts / Performance, Payment and Maintenance Bonds Sealmaster Foam, LLC, d/b/a S&S Builders for the 2020 Asphalt Overlay Ramp Project 3B Suggested Disposition: Receive and File; Approve 23. Alcohol and Tobacco License Applications City Manager recommending approval of annual liquor, beer, wine and tobacco license applications as submitted. RESOLUTION 295-20 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 RESOLUTION 296-20 Approving applications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa Code Chapter 453A.47A Suggested Disposition: Receive and File; Adopt Resolution(s) 6 ITEMS SET FOR PUBLIC HEARING 1. Gardens of Dubuque, LLC Development Agreement 2. Intent to Dispose of Property at 2320 Jackson Street 3. Dubuque Water Supply Well Repair and Rehabilitation Project 2020 October 5, 2020 Yays Nays a/ Sprank 1/ Cavanagh r/ Roussell V? Lynch 1/ Buol 1,�2-,,.Resnick r/< Jones September 28, 2020 1. Gardens of Dubuque, LLC Development Agreement City Manager recommending that the City Council schedule a public hearing for September 28, 2020 regarding a Development Agreement with Gardens of Dubuque, LLC for development of property located at 1895 Radford Road. RESOLUTION 297-20 Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on a Development Agreement by and between the City of Dubuque, Iowa and Gardens of Dubuque, LLC including the proposed issuance of Urban Renewal Tax Increment Revenue Obligations relating thereto and providing for the publication of notice thereof Suggested Disposition: receive and File; Adopt Resolution(s), Set Public Hearing for September 28, 2020 2. Intent to Dispose of Property at 2320 Jackson Street City Manager recommending that the City Council set a public hearing for October 5, 2020, for the purpose of disposing of City -owned real property located at 2320 Jackson Street to Michael R. Taylor. RESOLUTION 298-20 Intent to dispose of an interest in City of Dubuque real estate to Michael R. Taylor, setting a time and place for hearing, and providing for the publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for October 5, 2020 3. Dubuque Water Supply Well Repair and Rehabilitation Project 2020 City Manager recommending initiation of the bidding procedure for the Dubuque Water Supply Well Repair and Rehabilitation Project, and further recommends that a public hearing be set for October 5, 2020. RESOLUTION 299-20 Preliminary Approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for October 5, 2020 7 BOARDS/COMMISSIONS -71 Boards and Commission Applicant Review Applicants are invited to address the City Council regarding their desire to serve on the following Boards/Commissions. Applicant appointments will be made at the next City Council meeting. 1. Airport Commission (Review) One, 4-Year term through September 14, 2024 (Expired term of Clemenson). Applicant: Sue Clemenson, 2469 Hacienda Dr. — Boards and Commission Appointments Appointments to the following commissions to be made at this meeting. 2. Cable Television Commission (Appointment) One, 3-Year term through July 1, 2023 (Vacant term of Tigges) Applicant: Ronald Tigges, 4927 Wild Flower Dr. Yays Nays ai , Sprank / Cavanagh Roussel) LynchBuol j/;,-. Resnick Jones 3. Resilient Community Advisory Commission (Appointment) One, 3-Year term through July 1, 2025 (Vacant term of Specht) Applicants: 1. Nicole Breitbach, 275 Fremont Ave.; 2. Jade Romagna, 998 June Dr.; 3. Whitney Sanger, 2250 Clydesdale Crt. Breitbach Romagna ange, Sprank Cavanagh 1,-- Roussel! i/ Lynch Buol Resnick V Jones 8 PUBLIC HEARINGS 1. Grant of Easement to BVM-PHS Senior Housing, Inc. Proof of publication on notice of public hearing to consider granting a private sanitary sewer easement across City -owned property along Julien Dubuque Drive to BVM-PHS Senior Housing, Inc. as part of the Mt. Carmel Campus improvements project, and the City Manager recommending approval. RESOLUTION 300-20 Granting Easement for sanitary sewer utility to BVM PHS Senior Housing, Inc. across part of Lot 1-2-1 of the NW Fractional Quarter of the NE Quarter and part of Lot 2-1 of the NE Fractional Quarter of the NW Quarter, Section 6, T88N, R3E Tying north of Julien Dubuque Drive, Dubuque County, Iowa RESOLUTION 301-20 Disposing of City interest by Grant of Easement for Sanitary Sewer Utility to BVM-PHS Senior Housing, Inc. across part of Lot 1-2-1 of the NW Fractional Quarter of the NE quarter and part of Lot 2-1 of the NE Fractional Quarter of the NW Quarter, Section 6, T88N, R3E, lying north of Julien Dubuque Drive, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Sprank Cavanagh Roussel) Lynch Buol Resnick Jones Nays 9 2. Cancer Survivor Park Lease with Finley Hospital ,3y Proof of publication on notice of public hearing to consider disposal of City -owned real property by Lease Agreement with The Finley Hospital for Cancer Survivor Park at W. 3rd Street and College Street, and the City Manager recommending approval. RESOLUTION 302-20 Disposing of an interest in real property by Lease Agreement with the Finley Hospital Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Sprank Cavanagh p/- RousselI Lynch Buol Resnick Jones 10 3. Fiscal Year 2021 First Budget Amendment Proof of publication on notice of public hearing to consider approval the first Fiscal Year 2021 Budget Amendment, and the City Manager recommending approval. RESOLUTION 303-20 Amending the current budget for the Fiscal Year ending June 3, 2021 Suggested Disposition: Receive and File; Adopt Resolution(s) Yay's / Nays I/ Sprank ✓ Cavanagh i fR Roussel! �` Lynch 1---'- Buol 1/ Resnick ✓/ Jones fi," zief/ 11 7)V PUBLIC INPUT 12 ACTION ITEMS 1. Code of Ordinances Amendments - Title 14 Emergency Escape and Rescue Openings - Third Reading City Manager recommending approval of amendments to the City of Dubuque Code of Ordinances - Building Code for emergency escape and rescue openings. Staff will show a brief video presentation. ORDINANCE 33-20 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article J Property Maintenance Code, Section 14-1 J-2 International Property Maintenance Code Amendments ORDINANCE 34-20 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article B Residential Code, Sections 14- 1 B-1 International Residential Code Adopted and 14-1 B-2 International Residential Code Amendments ORDINANCE 35-20 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1, Building Codes, Article J, Property Maintenance Code Section 14-1J-2 International Property Maintenance Code Amendments ORDINANCE 36-20 Amending City of Di ibuque CCode of Ordinances Title 14 Building and Development, Chapter 1, Building Code Suggested Disposition: Receive and File; Final Adoption of Ordinance(s), Video Presentation Final Adoption Yays _ Nays Sprank °� Cavanagh -'� Roussel) ]�'' Lynch 1_O-' Buol ,tO Resnick Jones % 1 f4V enr,477Z,5 ofo-- . /20,701,,M,40,4" ,l �ets:4 �/90,(7.7 13 ACTION ITEMS 1. Code of Ordinances Amendments - Title 14 Emergency Escape and Rescue Openings - Third Reading City Manager recommending approval of amendments to the City of Dubuque Code of Ordinances - Building Code for emergency escape and rescue openings. Staff will show a brief video presentation. ORDINANCE 33-20 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article A Property Maintenance Code Adopted and 14-1A-2 International Building Code Amendments ORDINANCE 34-20 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article B Residential Code, Sections 14- 1B-1 International Residential Code Adopted and 14-1B-2 International Residential Code Amendments ORDINANCE 35-20 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1, Building Codes, Article J, Property Maintenance Code Section 14-1J-2 International Property Maintenance Code Amendments ORDINANCE 36-20 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1, Building Code Suggested Disposition: Receive and File; Final Adoption of Ordinance(s), Video Presentation Final Adoption Yays Nays Sprank Cavanagh Roussell Lynch Buol Resnick Jones 13 2. Proposed Amendment to City Ordinance for Emergency Escape & Rescue Openings - Fire Code Update City Manager recommending that City Council pass the proposed ordinance for the Fire Code on the first reading and waive the second and third reading to match the publication date of all other Building Code updates. ORDINANCE 37-20 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article E Fire Code and Regulations, Section 14-1 E-1 International Fire Code Adopted and 14-1 E-2 International Fire Code Amendments Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays 7 Sprank Cavanagh i/ Roussel! t/ ,Lynch 2,7' Buo! sResnick V 2- Jones 04/17 Final Reading and Adopt Yays Nays o/' Sprank v / Cavanagh //*--- Roussell � - Lynch Buoi n ick /es Jones 14 3. Five Flags Parking Ramp Proposed Temporary Monthly Fee Adjustment City Manager recommending approval of a temporary adjustment for the monthly fees charged at the Five Flags Parking Ramp. RESOLUTION 304-20 Authorizing the City Manager to adjust the fees and charges for the parking of motor vehicles in Municipal Parking Ramps Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays 1/'-- Sprank Cavanagh 1.;::1 Roussel) _ Lynch 1— Buol )/ Resnick t— Jones 4614 fr a", it hi/v/�%D/�//V"( 1/ .9: 4/69/0 4?4 15 4. Request for Work Session - Monthly COVID-19 Update City Manager requesting that the City Council schedule the monthly COVID-19 Response and Recovery work session for 5:00 p.m. on Monday, October 5, 2020. Suggested Disposition: Receive and File; Council Yays Nays r,/ Sprank Cavanagh !� Roussell � Lynch Buol L - Z,Resnick �Jones ofrig 941 16 cr-/ COUNCIL MEMBER REPORTS 5W/1"4-: N„,/,‘ 7,2-,S47#11 /7407ws- fiffro,c/ -77 g/7frlic 5bm 4a;../ ADJOURNMENT @ 17-V7 p.m. 17 To: Kevin S. Firnstahl, City Clerk You are hereby directed to call a regular session of the City Council to be held on Monday, September 21, 2020 at 6:30 p.m. and conducted virtually for the purpose of conducting such business that may properly come before the City Council. oy D. Buol, Mayor Consent Items: Pgs. 2-5 r fr0 /woe "x05/ z t ? ttei‘o Or.