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2 15 21 City Council Agenda - Special and RegularROLL CALL ORDER FOR MEETING OF February 15, 2021 Resnick, Lynch, Cavanagh, Jones, Roussel!, Sprank, Buol This meeting will be conducted as a virtual meeting. Due to social distancing guidelines related to the COVID-19 pandemic, City Council members and City staff will participate by webinar and will not meet in person. The virtual meeting will be aired live on CityChannel Dubuque (Mediacom cable channels 8 and 117.2), streamed live and archived on the City's website at www.cityofdubuque.org/media, and streamed live on the City's Facebook page at www.facebook.com/cityofdubuque. The public can provide audio and written input during sections of the agenda where public input is accepted as well as before and after the meeting. Input options during the live meeting include: • Log into GoToMeeting using the login links, phone numbers and access code below. This option includes audio input and written "chat" input. If you are participating via computer, indicate which item you would like to speak to in the Chat function, or note you would like to speak during the appropriate section. If you are participating via phone, indicate which item you would like to speak to when phone lines are unmuted. All phone lines will be unmuted during the Consent Agenda, Public Hearings, and Public Input periods, and City staff will determine the speaking order of attendees who would like to speak. All comments, whether audio or written, must be accompanied by a name and address. Please join the meeting from your computer, tablet or smartphone. • https://global.gotomeeting.com/join/161866261 • You can also dial in using your phone. • United States (Toll Free): 1 877 309 2073 United States: +1 (646) 749-3129 Access Code: 161-866-261 • Commenting through the City of Dubuque Facebook page at www.facebook.com/cityofdubuque. Individuals must include their name and address in order to be recognized. Additionally, written public input can be accepted prior to or during the meeting by: • Contacting the City Council directly from the City's webpage at www.cityofdubuque.org/councilcontacts • Through the City Clerk's Office email at ctyclerk@cityofdubuque.org CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING This meeting will be conducted virtually Please see the information above for viewing, listening, and public input options. February 15, 2021 Council meetings are video streamed live and archived at www.cityofdubuque.org/media and on Dubuque's CityChannel on the Mediacom cable system at cable channel 8 and digital 117.2 WORK SESSION 1. 5:00 PM - COVID-19 Pandemic Update Page 1 City staff and network partners will provide updates on the internal and community -facing response to the COVI D-19 pandemic. Tentative presentation order: 1. Community COVI D-19 Update & Communication Response: Mary Rose Corrigan, Public Health Specialist and Ryan Feller, Self Sufficiency Coordinator 2. Greater Dubuque Development Corporation Update: Rick Dickinson, President/CEO 3. Community Foundation of Greater Dubuque Update: Jenna Manders, Director of Strategic Relations 4. United Way of Dubuque Update: Danielle Peterson, President/CEO 2. 6:00 PM - Travel Dubuque Update Travel Dubuque President and CEO Keith Rahe will present a report from 3rd and 4th quarter of calendar year 2020. REGULAR SESSION 6:30 PM PLEDGE OF ALLEGIANCE PROCLAMATION(S) 1. Captain Robert L. Martin Proclamation (February 2021) On behalf of the Captain Robert L. Martin Commemoration Committee and the Dubuque Branch of the NAACP. 2. Dubuque Eagles Aerie & Auxiliary Month (February 2021) On behalf of the Dubuque Fraternal Order of Eagles. CONSENT ITEMS The consent agenda items are considered to be routine and non -controversial and all consent items will be normally voted upon in a single motion without any separate discussion on a particular item. If you would like to discuss one of the Consent Items, please go to the microphone and be recognized by the Mayor and state the item you would like removed from the Consent Agenda for separate discussion and consideration. 1. Minutes and Reports Submitted City Council Proceedings of 2/1; Community Development Advisory Commission of 2/4; Housing Commission of 2/1; Human Rights Commission of 1/11; Library Board of Trustees of 12/17; Library Board of Trustees Council Update #206 on 1/28; Zoning Advisory Commission of 2/3; Proof of Publication of City Council Proceedings of 1/19. Suggested Disposition: Receive and File 2. Notice of Claims and Suits Jennifer Connolly for property damage; Dennis Day for property damage; Ashley Johnson for property damage; Biniv Maskay for personal/property damage. Suggested Disposition: Receive and File; Refer to City Attorney 3. Disposition of Claims Dennis Day for property damage and Biniv Maskay for personal/property damage. Suggested Disposition: Receive and File; Concur 4. Approval of City Expenditures Page 2 City Manager recommending City Council approval for payment of City expenditures. RESOLUTION 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. Preliminary Plat of Cedar Ridge Commercial Park Zoning Advisory Commission recommending approval of the Preliminary Plat of Cedar Ridge Commercial Park. Suggested Disposition: Receive and File; Approve 6. Agreement between the City of Dubuque and ITC Midwest, LLC to operate an Electric Transmission System in the City of Dubuque Senior Counsel recommending adoption of a resolution approving the Agreement authorizing ITC Midwest, LLC to operate an electric transmission system in the City of Dubuque until December 31, 2021. RESOLUTION Approving an Agreement between the City of Dubuque and ITC Midwest, LLC to operate an Electric Transmission System in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s) 7. Accepting a Special Warranty Deed from Roasting Solutions, LLC City Manager recommending acceptance of a Special Warranty Deed from Roasting Solutions, LLC reconveying the Expansion Property to the City of Dubuque. RESOLUTION Accepting a Special Warranty Deed from Roasting Solutions, LLC Suggested Disposition: Receive and File; Adopt Resolution(s) 8. Seventh Amendment to Amended and Restated Development Agreement between the City of Dubuque, Iowa, and Dubuque Racing Association, LTD City Manager recommending approval of the Seventh Amendment to Amended and Restated Development Agreement between the City of Dubuque, Iowa, and Dubuque Racing Association, LTD. RESOLUTION Approving the Seventh Amendment to Amended and Restated Lease Agreement between the Dubuque Racing Association and the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s) 9. Digmann. vs. City of Dubuque Board of Review 2020 Property Tax Appeal Senior Counsel providing a copy of the Stipulation of Settlement regarding a tax assessment appeal filed by Steven Digmann with the Property Assessment Appeal Board. Suggested Disposition: Receive and File 10. December 31, 2020 Quarterly Investment Report City Manager transmitting the December 31, 2020 Quarterly Investment Report. Suggested Disposition: Receive and File 11. Certify 2020 Urban Revitalization Improvements City Manager recommending approval of a resolution approving property tax abatement applications for 24 residential properties filed in accordance with the Urban Revitalization ordinance and authorizes transmittal to the City Assessor for processing of the tax abatement. RESOLUTION Approving Property TaxAbatementApplications submitted by property owners in recognized Urban Revitalization Areas and authorizing the transmittal of the approved applications to the City Tax Assessor Page 3 Suggested Disposition: Receive and File; Adopt Resolution(s) 12. Competitive Revitalize Iowa's Sound Economy (RISE) Application for Road Improvements to the East Entrance to the Dubuque Industrial Center West on Chavenelle Road between the Northwest Arterial and Radford Road City Manager recommending approval of a resolution endorsing a $1,876,907 Revitalize Iowa's Sound Economy (RISE) grant application for road improvements to the east entrance to the Dubuque Industrial Center West on Chavenelle Road. RESOLUTION Endorsing the submission of a Revitalize Iowa's Sound Economy (RISE) application to the Iowa Department of Transportation for roadway improvements to the east entrance of the Dubuque Industrial Center West on Chavenelle Road in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s) 13. Valentine Park Community Garden Approval City Manager recommending approval to proceed with a community garden at Valentine Park with community volunteers taking the lead on the project. Suggested Disposition: Receive and File; Approve 14. Bee Branch Creek Greenway Featured in Landscape Architect and Specifier News Magazine City Manager transmitting information on the Bee Branch Creek Greenway being featured in the January 2021 edition of Landscape Architect and Specifier News Magazine. Suggested Disposition: Receive and File 15. Spahn and Rose Lumber Co. Property Radford Road Right of Way Plat and Dedication City Manager recommending approval of the Acquisition Plat of Lot A of Lot 2-1 of Wolff Place No. 2, in the City of Dubuque, Iowa, and acceptance of the dedication of said lot for street right of way and public utilities purposes. RESOLUTION Approving the Acquisition Plat of Lot A of Lot 2-1 of Wolff Place No. 2, in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 16. Memo Recording Award of the 2021 Asphalt Overlay Curb Ramp Project 1 City Manager recommending that the award for the 2021 Asphalt Overlay Curb Ramp Project 1 be officially recorded in the minutes of the City Council. Suggested Disposition: Receive and File; Make Matter of Record 17. Memo Recording Award of the Multicultural Family Center Sidewalk Replacement Project City Manager recommending that the award for the Multicultural Family Center Sidewalk Replacement Project be officially recorded in the minutes of the City Council. Suggested Disposition: Receive and File; Make Matter of Record 18. Chavenelle Road Hike Bike Trail Phase 1 Iowa DOT Project No. EDP-2100(695)--7Y-31 Acceptance of Public Improvement Project CIP 3602273 City Manager recommending acceptance of the public improvement construction contract for the Chavenelle Road Hike -Bike Trail — Phase 1 Project, as completed by Midwest Concrete, Inc., in the final contract amount of $728,158.12, which is a 14% increase from the original contract amount of $638,840.15. RESOLUTION Accepting the Chavenelle Road Hike -Bike Trail — Phase 1 Project Iowa DOT Project No. EDP-2100(695)-7Y-31 and authorizing the payment to the contractor Page 4 Suggested Disposition: Receive and File; Adopt Resolution(s) 19. Acceptance of Dedication of Sanitary Easement across Jesse E. Kemp and Jessica P. Kemp Property at 3400 Nightengale Lane in Dubuque City Manager recommending acceptance of a dedication of sanitary easement from Jesse E Kemp and Jessica P. Kemp for an El sewer pump station across property at 3400 Nightengale Lane. RESOLUTION Accepting the Dedication of Sanitary Easement through, under and across Part of Lot 1 of Julian's Hill, in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 20. Agreement with the U.S. Department of the Army for an Engineering Analysis on the Force Main Stabilization Project City Manager recommending authorization to enter into an agreement with the U.S. Department of the Army in order for the U.S. Army Corps of Engineers to provide a planning and design analysis of the Force Main Stabilization Project. RESOLUTION Authorizing the execution of an Agreement with the Department of the Army to collaborate on stabilization and protection of the Force Main along the Mississippi River Suggested Disposition: Receive and File; Adopt Resolution(s) 21. Acceptance of Water Main Improvement in the Right of Way Adjacent to Lot 1 and Lot 2 Third Union Addition in the City of Dubuque, Iowa, common address 821 - 877 Oak Street (Routley Property) City Manager recommending acceptance of the public improvements that the developer, Routley Construction, has recently completed in the right-of-way adjacent to 821-877 Oak Street (Routley Property). RESOLUTION Accepting Public Water Main Improvements in the Row Adjacent to Lot 1 and Lot 2 Third Union Addition in the City of Dubuque, Iowa, Common Address 821 - 887 Oak Street (Routley Property) Suggested Disposition: Receive and File; Adopt Resolution(s) 22. Signed Contract(s) Asbury Road Fiber Optic Collaboration - Phase 2 Project; Chaplain Schmitt Island Fiber Option Collaboration Project. Suggested Disposition: Receive and File 23. Update of Mutual Aid Agreement with East Dubuque City Manager recommending approval to update the Mutual Aid Agreement with the East Dubuque Fire Department to address fire and EMS responses. Suggested Disposition: Receive and File; Approve 24. Alcohol License Applications City Manager recommending approval of annual liquor, beer, and wine license applications as submitted. RESOLUTION 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 Suggested Disposition: Receive and File; Adopt Resolution(s) ITEMS SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. Page 5 1. Human Rights Commission Request for Commissioner Removal Human Rights Commission requesting City Council schedule a public hearing to remove Commissioner Ashley Regan from the Human Rights Commission pursuant to Title 8, Chapter 2, Section 8-2-6 of the Human Rights Ordinance. RESOLUTION Setting a Public Hearing on the intent to consider the removal of a commissioner from the Human Rights Commission Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for March 1, 2021 PUBLIC HEARINGS Citizens are invited to address the City Council regarding the following agenda items. Please come to the podium and state your name and address when the item you wish to speak to is being considered. 1. Request to Rezone 7869 Commerce Park - Traditional Zoning Request Proof of publication on notice of public hearing to consider approval of a request from Kevin Oberbroeckling to rezone property located at 7869 Commerce Park from CS Commercial Service and Wholesale zoning district to C-3 General Commercial zoning district, and Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 7869 Commerce Park from CS Commercial Service and Wholesale District to C-3 General Commercial District. Suggested Disposition: Receive and File; Motion B; Motion A 2. Proceedings for Public Hearing on the Issuance of Not to Exceed $1,600,000, Sewer Revenue Capital Loan Notes (Interim Financing) State Revolving Funds, Planning and Design Loan Applications Proof of publication on notice of public hearing to consider approval of the suggested proceedings for a public hearing on the of the issuance of not to exceed $1,600,000 in Sewer Revenue Capital Loan Notes (Interim Financing) State Revolving Loan Fund Program, the proceeds of which will be used to pay planning and design costs for Auburn and Custer, Center Place Area, Maiden Lane Area, Hawthorne to Fengler Street "track Line" sewer, Catfish Creek Lift Station and Force Main, and Sanitary Asset Management Master Plan projects, and City Manager recommending approval. RESOLUTION Instituting proceedings to take additional action for the authorization of Loan and Disbursement Agreements and the issuance of not to exceed $1,600,000 Sewer Revenue Capital Loan Notes RESOLUTION Approving and authorizing a form of Interim Loan and Disbursement Agreement by and between the City of Dubuque, Iowa, and the Iowa Finance Authority, and authorizing and providing for the issuance and securing the payment of $970,000 Sewer Revenue Capital Loan Notes Anticipation Project Note, Series 2021A, of the City of Dubuque, Iowa, under the provisions of the Code of Iowa, and providing for a method of payment of said Notes. RESOLUTION Approving and authorizing a form of Interim Loan and Disbursement Agreement by and between the City of Dubuque, Iowa, and the Iowa Finance Authority, and authorizing and providing for the issuance and securing the payment of $350,000 Sewer Revenue Capital Loan Notes Anticipation Project Note, Series 2021 B, of the City of Dubuque, Iowa, under the provisions of the Code of Iowa, and providing for a method of payment of said Notes. Page 6 RESOLUTION Approving and authorizing a form of Interim Loan and Disbursement Agreement by and between the City of Dubuque, Iowa, and the Iowa Finance Authority, and authorizing and providing for the issuance and securing the payment of $160,000 Sewer Revenue Capital Loan Notes Anticipation Project Note, Series 2021 C, of the City of Dubuque, Iowa, under the provisions of the Code of Iowa, and providing for a method of payment of said Notes. Suggested Disposition: Receive and File; Adopt Resolution(s) PUBLIC INPUT At this time, anyone in the Council Chambers may address the City Council on the Action Items on the agenda or on matters under the control of the City Council. Citizens are asked to approach the podium and state their name and address before proceeding with their comments. Individual remarks are limited to five minutes, and the overall Public Input period is limited to 30 minutes. Under the Iowa Open Meetings Law, the City Council can take no formal action on comments given during Public Input which do not relate to Action Items on the Agenda. ACTION ITEMS These are items where discussion is held by the City Council - public comments are not allowed except as authorized by the Mayor. 1. Set Public Hearing for Resolution Establishing Maximum Property Tax Dollars for Fiscal Year 2022 City Manager recommending the Fiscal Year 2022 Resolution Establishing Maximum Property Tax Dollars be set for public hearing on March 1, 2021. RESOLUTION Setting a public hearing on the Fiscal Year 2022 maximum property tax dollars for the affected tax levy total Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for March 1, 2021 2. Community Development Block Grant (CDBG) Microenterprise Funds: Grant Administration Agreement for the Low- and Moderate -Income (LMI) Business Assistance Grant Program City Manager recommending approval of a Grant Administration Agreement with The Fountain of Youth Program to administer a grant program using Community Development Block Grant (CDBG) Microenterprise funding for the benefit of existing businesses operated by low- and moderate -income individuals in the City of Dubuque. RESOLUTION Approving a Grant Administration Agreement with The Fountain of Youth Program to administer the Low- And Moderate -Income Small Business Assistance Grant Program Suggested Disposition: Receive and File; Adopt Resolution(s) 3. Long Range Planning Advisory Commission and Housing Commission Membership Ordinance Modifications City Manager recommending City Council approval of two ordinances for cross representation on the Long Range Planning Advisory Commission and Housing Commission. ORDINANCE Amending City of Dubuque Code of Ordinances Title 15 Planning and Zoning, Chapter 2 Long Range Planning Advisory Commission, Sections 15-2-5 Membership and 15-2- 7 Terms ORDINANCE Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 5 Housing Agency and Community Development Commissions, Article Page 7 B Housing Commission, Sections 2-5B-5 Membership And 2-5B-7 Terms Suggested Disposition: Receive and File; Motion B; Motion A 4. 2020 Equity Report and 2021-2023 Equity Plan City Manager transmitting the 2020 Equity Report and the 2021-2023 Equity Plan. Staff will make a presentation. Suggested Disposition: Receive and File; Presentation 5. Resilient Community Advisory Commission Letter City Manager transmitting correspondence from the Resilient Community Advisory Commission regarding the Climate Action Plan. Suggested Disposition: Receive and File 6. 2021 Federal Legislative Priorities City Manager recommending City Council adoption of the 2021 Federal Legislative Priorities. Suggested Disposition: Receive and File; Approve COUNCIL MEMBER REPORTS ADJOURNMENT The agenda with supporting documents may be accessed at wwwcityofdubuque.org or at the City Clerk's Office, 50 W. 13th Street, during regular business hours. This notice is given pursuant to Chapter 21, Code of Iowa, and applicable local regulations of the City of Dubuque, Iowa and/or governmental body holding the meeting. Written comments regarding the above items may be submitted to the City Clerk's Office, 50 W. 13th St., Dubuque, IA 52001, before or at said time of meeting. Individuals with limited English proficiency, vision, hearing or speech impairments or requiring special assistance should contact the City Clerk's Office at (563) 589-4100, TDD/TTY (563) 690-6678, ctyclerk@cityofdubuque.org as soon as feasible. Deaf or hard -of -hearing individuals can use Relay Iowa by dialing 711 or (800) 735-2942. /s/Adrienne N. Breitfelder City Clerk Page 8