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09 06 22 AgendaR O LL C AL L O R D E R F O R ME E TIN G O F S eptember 6, 2022 Roussell, Farber, S prank, C avanagh, Jones, W ethal, R esnick Viewing and Participation O ptions The public has the option to view and participate in the meeting in City C ouncil Chambers or vir t ually. The m e e ting w ill be aire d liv e on City Channe l Dubuque (Me diacom cable channe ls 8 and 117.2), stre ame d live and archiv ed on the City’s w e bsite a t ww w.city ofdubuque .org/me dia, and streamed liv e on the City ’s Face book page at w ww.face book.com/city ofdubuque . The public can provide in-per son, audio, and written input during sections of the agenda where public input is accepted. It is strongly recommended that all members of the public who intend to provide in-person or virtual public input contact the City C lerk at least 24 hours prior to the meeting to provide notice of intent to provide public input. This will help City staff anticipate participation levels at the meeting. Contact the City Clerk at ctyclerk@cityofdubuque.org or 563-589-4100. For in-person input, please reference the instructions on speaking within the Consent Items, P ublic Hear ing, and P ublic Input sections. Virtual input options during the liv e me e ting include : Log into GoToMeeting using the login links, phone number s and access code below. This option includes audio input and written “chat” input. If you ar e par ticipating via computer, indicate which item you would like to speak to in the Chat function, or note you would like to speak dur ing the appropr iate section. If you are participating via phone, indicate which item you would like to speak to when phone lines ar e unmuted. All phone lines will be unmuted dur ing the C onsent Items, P ublic Hear ings, and Public Input per iods, and C ity staff will deter mine the speaking or der of attendees who would like to speak. All comments, whether audio or wr itten, must be accompanied by a name and addr ess. P lease join the meeting from your computer, tablet or smartphone. www.C ityOfDubuque.or g/VirtualMeeting You can also dial in using your phone. United States (Toll Free): 1 877 568 4106 United States: +1 (571) 317-3129 Access Code: 337-661-181 Additionally, written public input can be accepted pr ior to or dur ing the meeting by: Contacting the City C ouncil directly from the City’s webpage at www.cityofdubuque.org/councilcontacts Thr ough the C ity Clerk’s O ffice email at ctyclerk@cityofdubuque.org C ITY O F D U B U Q U E, IO W A C IT Y C O U N C IL ME E T IN G H istoric Federal Building: 350 W . 6th Street - Second-Floor Council C hambers. Vir tual par ticipation options are also available. Please see the infor mation above for options. S eptember 6, 2022 Council meetings are video streamed live and archived at www.cityofdubuque.org/media and Page 1 on Dubuque's CityChannel on the Mediacom cable system at cable channel 8 and digital 117.2 R E G U L AR S E S S IO N 6:30 P M P LED G E O F ALL E G IAN C E S W E AR IN G IN 1.Mayor Pr o Tem S wear ing-In Mayor C avanagh will swear-in Mayor Pro Tem Laura J . Roussell. P R E S E N TAT IO N(S) 1.C O V ID -19 U pdate Public Health D irec tor Mary Rose Corrigan will provide an update on the C OV I D -19 pandemic and response activities. 2.C rescent Community H ealth C enter: Dancing with the S tar s Recognition Gary C ollins, Chief Exec utive Offic er for C resc ent C ommunity Health Center, will present C ommunity Engagement Coordinator Temwa Phiri with an award for helping to educ ate and c reate awareness for Crescent Community Health C enter through the D ubuque A rea C hamber of Commerc e's D ancing with the S tars event. P R O C L AMATIO N (S ) 1.D irect S upport P rofessional R ecognition W eek (S eptember 11-17, 2022) On behalf of Hills & D ales. C O N S E N T ITEMS The c onsent agenda items are considered to be routine and non-c ontroversial and all consent items will be normally voted upon in a single motion without any separate disc ussion on a partic ular item. I f you would like to discuss one of the C onsent I tems, please go to the microphone and be recognized by the May or and state the item y ou would like removed from the Consent Agenda for separate disc ussion and consideration. 1.Minutes and Reports Submitted C ity Council Proceedings of 8/15/22, 8/22/22, 8/23/22, and 8/24/22; Civil S ervice C ommission of 5/31/22, 8/15/22, and 8/19/22; E quity and Human Rights Commission of 7/11/22; Historic Preservation C ommission of 8/18/22; Housing A ppeals and Mediation B oard of 4/19/22 and 6/21/22; Housing C ommission of 7/26/22; P roof of public ation for C ity Council proc eedings of 7/25/22, 8/1/22, 8/8/22, and 8/15/22. Suggested D isposition: R eceive and File 2.N otice of C laims and Suits Alex Ready for property damage; Pamela Straka for personal injury ; Nathan and A manda S alzmann for property damage. Suggested D isposition: R eceive and File; R efer to City Attorney 3.D isposition of C laims C ity Attorney advising that the following c laims have been referred to P ublic Entity Risk Servic es of I owa, the agent for the I owa C ommunities A ssuranc e P ool: A lex Ready for property damage; Nathan and Amanda Salzmann for property damage; Pamela Straka for personal injury. Page 2 Suggested D isposition: R eceive and File; C oncur 4.Appr oval of C ity E xpenditures C ity Manager rec ommending C ounc il approval for pay ment of C ity expenditures. R E S O L U T IO N A uthorizing the D irec tor of Financ e and B udget/C ity Treasurer to make certain pay ments of bills that must be paid and approved for payment in acc ordance with City proc edures Suggested D isposition: R eceive and File; Adopt R esolution(s) 5.4800 AS B U RY R O AD D U B U Q U E IA L LC and H Y-V E E IN C. vs. C ity of Dubuque B oar d of R eview Stipulation of Settlement Senior C ounsel providing a c opy of the S tipulation of S ettlement regarding a tax assessment appeal filed by the Board of Review with the I owa D istrict Court for D ubuque C ounty regarding 4800 A S B URY ROA D D UB UQUE I A LLC and HY-V E E I NC . vs. C ity of D ubuque Board of Review. Suggested D isposition: R eceive and File 6.B utler C hildren’s G ar den Foundation C ity Attorney rec ommending C ity Council approval of an agreement with the B utler Children’s Garden Foundation that provides acc ess and parking in the City ’s Marshall Park to fac ilitate construction of a public c hildren’s garden on land currently owned by the D ubuque Y MC A and ac cess and parking following completion. Suggested D isposition: R eceive and File; Approve 7.Letter of S upport – G rayfield Tax Cr edit for 249 W est 1st S treet C ity Manager rec ommending C ity Council approve a letter of support for a Gray field Tax Credit applic ation to the I owa Ec onomic Development A uthority for the property loc ated at 249 W est 1st Street. Suggested D isposition: R eceive and File; Approve 8.Letter of S upport – G rayfield Tax Cr edit for 799 Main Str eet C ity Manager rec ommending C ity Council approve a letter of support for a Gray field Tax Credit applic ation to the I owa Ec onomic Development A uthority for the property loc ated at 799 Main Street. Suggested D isposition: R eceive and File; Approve 9.Letter of S upport – G rayfield Tax Cr edit for 346-348 W est Locust S treet C ity Manager rec ommending C ity Council approve a letter of support for a Gray field Tax Credit applic ation to the I owa Ec onomic Development A uthority for the property loc ated at 346-348 W est Loc ust Street. Suggested D isposition: R eceive and File; Approve 10.H ousing Commission Appointment of Liaison to Housing Tr ust Fund Advisor y C ommittee Housing Commission requesting City C ounc il approval to appoint Commissioner Rick B aumhover as the Housing Commission Liaison to the Housing Trust Fund A dvisory C ommittee. Suggested D isposition: R eceive and File; Approve 11.H ousing Commission Appointment of Liaison to Community D evelopment Advisory C ommission Housing Commission requesting City C ounc il approval to appoint Commissioner Renee Kehoe as the Housing Commission Liaison to the Community Development A dvisory C ommission. Suggested D isposition: R eceive and File; Approve 12.Gr ass and W eed Cutting and G ar bage C ollection Assessments C ity Manager rec ommending C ity Council adopt a resolution authorizing the C ity to certify grass and Page 3 weed cutting and garbage collec tion c harges to the Dubuque County Treasurer in order to establish real property liens for collec tion of suc h charges. R E S O L U T IO N Authorizing the City to c ollect delinquent grass and weed c utting and garbage c ollection c harges in acc ordance with Title 6-4-3A and Title 6-8-2 of the C ode of Ordinances of the C ity of D ubuque, I owa Suggested D isposition: R eceive and File; Adopt R esolution(s) 13.2022 Justice Assistance G rant (J AG): Notice of Application C ity Manager rec ommending C ity Council approval of the two-y ear 2022 J ustic e Assistanc e Grant applic ation that was submitted on A ugust 17, 2022, in the amount of $23,632. Suggested D isposition: R eceive and File; Approve 14.Final P lat of S ilver O aks E states N o. 3 C ity Manager rec ommending C ity Council adopt a resolution for the Final P lat of S ilver Oaks Estates No. 3 as it is in c ompliance with the C ity of D ubuque’s Unified Development C ode. R E S O L U T IO N Authorizing approval of the Final P lat of S ilver Oaks Estates No. 3 in the City of D ubuque, I owa Suggested D isposition: R eceive and File; Adopt R esolution(s) 15.Signed C ontract(s) Task Order 1 with MS A P rofessional S ervices, I nc ., for the Briarwood Subdivision W ater Connec tion; First A mendment to Lease Agreement with Hendricks Feed & Seed C o., I NC.; HD R E ngineering, I NC ., for the C ity of D ubuque W aste D iversion Project; J ames Orr C oating I nspection, L L C for multiple water tank inspec tions; Origin Design C o. for the I c e Harbor Flood Gate Fender Replacement; A mendment No. 1 with S trand Associates for the W ater Treatment Plan and W ater D istribution Sy stem Supervisory C ontrol and D ata A cquisition S ystem Upgrade. Suggested D isposition: R eceive and File 16.Improvement C ontracts / Performance, P ayment and Maintenance Bonds D &D C oncrete, I nc. for the 2022 Asphalt Overlay Ramp Project Four; Portzen C onstruc tion, I nc . for the C omiskey Park - P hase 1 Redevelopment P rojec t. Suggested D isposition: R eceive and File; Approve 17.Public W orks Depar tment S taffing Change Request C ity Manager rec ommending C ity Council approval of a full-time Public W orks A dministrative A ssistant (GE -25) whic h would inc rease the Public W orks personnel c omplement by 1.00 full-time equivalent. Suggested D isposition: R eceive and File; Approve 18.Acceptance of G rant of Easement for Sanitar y S ewer U tility fr om IAD U Table Mound MH P, LL C , in D ubuque County, as P ar t of the Sanitar y S ewer Improvements - Table Mound S ystem P roject C ity Manager rec ommending C ity Council adopt a resolution acc epting the Grant of Easement for Sanitary S ewer Utility from I A D U Table Mound MHP, LLC in Dubuque County, as part of the Sanitary Sewer I mprovements - Table Mound Sy stem Project. R E S O L U T IO N A cc epting a Grant of E asement for Sanitary S ewer Utility across parts of Lot 2 of the North Half of the Northeast Quarter, and Lot 43 and Lot 44 of Kerrigan Road Heights, all in Section 12, T88N, R2E , of the 5th P M, D ubuque C ounty I owa Suggested D isposition: R eceive and File; Adopt R esolution(s) 19.Acceptance of G rant of Easement for Sanitar y S ewer U tility fr om Table Mound Expansion, L LC, in Dubuque C ounty, as Part of the S anitary Sewer Impr ovements - Page 4 Table Mound S ystem P roject C ity Manager rec ommending C ity Council adopt a resolution acc epting a Grant of E asement for Sanitary Sewer Utility ac ross properties owned by Table Mound Expansion, L L C , in Dubuque County, as part of the S anitary Sewer I mprovements - Table Mound Sy stem Project. R E S O L U T IO N A cc epting Grant of E asement for Sanitary S ewer Utility A cross parts of Lot 1 of Table Mound Ac res, D ubuque C ounty, I owa Suggested D isposition: R eceive and File; Adopt R esolution(s) 20.C ity Life Br ochur e C ity Manager providing a c opy of the City Life B roc hure. Suggested D isposition: R eceive and File 21.Pr oposed License Agreement between the City of D ubuque and ImOn Communications LL C C ity Manager rec ommending C ity Council approval of a License A greement between the C ity of D ubuque and I mOn C ommunic ations LLC. Suggested D isposition: R eceive and File; Approve 22.R adio Dubuque Firewor ks R equest 2023 C orrespondence from Perry Mason, General Manager for Radio D ubuque, requesting approval for Radio D ubuque and the Dubuque J ay cees to conduc t a fireworks display on Monday, J uly 3rd, 2023 from 9:00 p.m. to 10:30 p.m. on Volunteer Road between Hawthorne and Lime in c onjunc tion with the c losure of indic ated streets and A .Y. Mc D onald P ark as part of a special event request. The rain date is J uly 4th. Suggested D isposition: R eceive and File; Approve 23.Alcohol and Tobacco License Applications C ity Manager rec ommending approval of annual liquor, beer, wine and tobac co license applic ations as submitted. R E S O L U T IO N Approving applications for beer, liquor, and/or wine permits, as required by C ity of D ubuque C ode of Ordinances Title 4 Business and Lic ense Regulations, C hapter 2 Liquor C ontrol, Artic le B Liquor, B eer and W ine Licenses and Permits R E S O L U T IO N Approving applications for retail c igarette/tobacc o sales/nic otine/vapor permits, as required by I owa Code C hapter 453A .47A Suggested D isposition: R eceive and File; Adopt R esolution(s) B O AR D S/C O MMIS S IO N S 1.B oar ds and Commission Appointments Appointments to the following c ommissions to be made at this meeting. Air port Commission Two, 4-Year terms through September 14, 2026 (Expiring terms of B locker and Philips) Applicants: Robert Bloc ker, 880 K ane S t. Mic hael Phillips, 955 W ashington St. This commission is subject to the State of I owa Gender Balance Law. 5 Commissioners total; Currently 1 male / 2 females / 2 openings Zoning Advisor y Commission One, 3-Year term through J uly 1, 2024 (Vacant term of S weet) Page 5 Applicant: Ry an Sempf, 7819 Commerc e P ark This commission is subject to the State of I owa Gender Balance Law. 7 Commissioners total; Currently 3 males / 3 females / 1 opening P U B L IC H E AR IN G S Residents ar e invited to addr ess the City C ouncil regar ding the following agenda items. P lease come to the podium and state your name and addr ess when the item you wish to speak to is being consider ed. 1.R esolution of Adoption for the Amendment of the Dubuque Industr ial Center Economic D evelopment D istr ict Ur ban Renewal P lan, Ver sion 2022.2 Proof of publication on notice of public hearing to consider City C ounc il approval of a Resolution of A doption for the Amended and Restated Urban Renewal P lan for D ubuque I ndustrial C enter E conomic D evelopment Distric t Version 2022.2, and City Manager recommending approval. R E S O L U T IO N A pproving the Amended and Restated Urban Renewal P lan, Version 2022.2, for the D ubuque I ndustrial C enter E conomic D evelopment Distric t Suggested D isposition: R eceive and File; Adopt R esolution(s) 2.R esolution of Adoption for the Amendment of the Dubuque Industr ial Center Economic D evelopment D istr ict Ur ban Renewal P lan, Ver sion 2022.3 Proof of publication on notice of public hearing to consider City C ounc il approval of a Resolution of A doption for the Amended and Restated Urban Renewal P lan Version 2022.3 for the Dubuque I ndustrial Center Ec onomic Development D istrict, and C ity Manager recommending approval. R E S O L U T IO N A pproving the Amended and Restated Urban Renewal P lan, Version 2022.3, for the D ubuque I ndustrial C enter E conomic D evelopment Distric t Suggested D isposition: R eceive and File; Adopt R esolution(s) 3.C ar negie-S tout Library – R oofs 1 & 2 Restor ation P roject P ublic Hear ing Proof of publication on notice of public hearing to consider City C ounc il adoption of a resolution approving the plans, specifications, form of c ontrac t, and estimated cost for the C arnegie-Stout Library Roofs 1 & 2 Restoration Project, and C ity Manager rec ommending approval. R E S O L U T IO N A pproval of plans, specifications, form of c ontrac t, and estimated cost for the C arnegie-Stout Roofs 1 & 2 Restoration P rojec t Suggested D isposition: R eceive and File; Adopt R esolution(s) P U B L IC IN P U T A t this time, any one in the C ounc il Chambers may address the C ity Council on the A ction I tems on the agenda or on matters under the c ontrol of the C ity Council. Residents are asked to approach the podium and state their name and address before proceeding with their c omments. I ndividual remarks are limited to five minutes, and the overall P ublic I nput period is limited to 30 minutes. Under the I owa Open Meetings Law, the City C ounc il can take no formal ac tion on comments given during Public I nput which do not relate to Ac tion I tems on the Agenda. AC T IO N ITEMS These are items where discussion is held by the City C ouncil - public comments are not allowed except as author ized by the Mayor. Page 6 1.Gr eater D ubuque Development Cor poration - Q uar ter ly Update President and C E O Ric k D ickinson to present the quarterly update on the ac tivities of the Greater Dubuque Development C orporation. Suggested D isposition: R eceive and File; Pr esentation 2.H ousing Cr eation Incentives S taff Recommendations C ity Manager rec ommending C ity Council adopt a resolution allowing the City Manager to use the rec ommended housing c reation incentives outlined to incentivize additional housing unit c reation in the city and is sharing a presentation on Housing I ncentives P olicies. R E S O L U T IO N A uthorizing the C ity Manager to offer and amend Housing Development I ncentives Suggested D isposition: R eceive and File; Adopt R esolution(s), Pr esentation 3.Amending Tax Incr ement Or dinance 21-22 for the Dubuque Industr ial Center Economic D evelopment D istr ict, as amended by Version 2022.2 of the Amended and Restated P lan C ity Manager rec ommending that the C ity Council approve the ordinance whic h would remove from the TI F ordinanc e area that portion of the Distric t that was removed from S ubarea C of the D istrict by Version 2022.2 for the D ubuque I ndustrial C enter E conomic D evelopment Distric t. O R D IN AN C E A mending Ordinance No. 21-22, previously amended, providing that General Property Taxes levied and collec ted eac h year on all property loc ated within the A mended and Restated Dubuque I ndustrial Center Ec onomic Development D istrict Urban Renewal A rea of the City of Dubuque, C ounty of Dubuque, State of I owa, by and for the benefit of the State of I owa, City of Dubuque, C ounty of Dubuque, D ubuque C ommunity Sc hool D istrict, and other taxing distric ts, be paid to a spec ial fund for pay ment of princ ipal and interest on loans, monies advanced to and indebtedness, inc luding bonds issued or to be issued, incurred by said C ity in c onnection with the Amended and Restated D ubuque I ndustrial C enter E conomic D evelopment D istrict Urban Renewal Redevelopment Project by removing a portion of S ubarea C from the division of revenues Suggested D isposition: R eceive and File; Motion B; Motion A 4.Amending Tax Incr ement Or dinance for the D ubuque Industrial C enter E conomic D evelopment D istr ict, as amended by Version 2022.3 of the Amended and Restated P lan C ity Manager rec ommending C ity Council adopt an ordinance amending the ordinanc e for the D ubuque I ndustrial C enter E conomic D evelopment Distric t ("D istrict"). O R D IN AN C E Amending Ordinanc e No. __-22, previously amended, providing that General Property Taxes levied and collec ted eac h year on all property loc ated within the A mended and Restated Dubuque I ndustrial Center Ec onomic Development D istrict Urban Renewal A rea of the City of Dubuque, C ounty of Dubuque, State of I owa, by and for the benefit of the State of I owa, City of Dubuque, C ounty of Dubuque, D ubuque C ommunity Sc hool D istrict, and other taxing distric ts, be paid to a spec ial fund for pay ment of princ ipal and interest on loans, monies advanced to and indebtedness, inc luding bonds issued or to be issued, incurred by said C ity in c onnection with the Amended and Restated D ubuque I ndustrial C enter E conomic D evelopment D istrict Urban Renewal Redevelopment Project by adding Subarea R to the division of revenues Suggested D isposition: R eceive and File; Motion B; Motion A 5.Fiscal Year 2023 Arts & Cultur e O per ating S upport G rant Funding R ecommendation C ity Manager rec ommending C ity Council approve the funding rec ommendation from the A rts & C ultural Affairs A dvisory C ommission for grant awards to arts and culture organizations through the City ’s Fiscal Year 2023 Arts & Culture Operating Support Grants program. Page 7 Suggested D isposition: R eceive and File; Approve 6.R ecommended U pdates in Enforcement R egarding Unhoused Residents C ity Manager rec ommending C ity Council adoption of c hanges to the c amping ordinanc e and inoperable vehic les ordinance to provide additional tools for enforcement when nec essary, regarding unhoused individuals camping on public or private property. O R D IN AN C E A mending C ity of D ubuque C ode of Ordinances Title 10 P ublic W ay s and Property, Chapter 1 S treets, S idewalks and Other P ublic Plac es O R D IN AN C E Amending City of Dubuque Code of Ordinanc es Title 7 P olice, Fire and Public Safety, Chapter 5 Offenses, Artic le A General Offenses Suggested D isposition: R eceive and File; Motion B; Motion A 7.U .S. D epartment of Tr ansportation N otice of Awar d: R ebuilding America’s Infr astructure with Sustainability and E quity (R AIS E ) Infr astructure Planning Gr ant C ity Manager providing information to C ity Council on the Rebuilding A merica’s I nfrastruc ture with S ustainability and E quity (RA I S E ) grant award notific ation letter in the amount of $2,280,000 from the U.S . Department of Transportation (US D OT) and the RA I S E grant Building Bridges to Equity and Employ ment grant application. Suggested D isposition: R eceive and File 8.W ork Session R equest: P roject H O P E Q uar ter ly Update C ity Attorney requesting C ity Council sc hedule a work session for Monday, September 19, 2022, at 5:30 p.m. for a quarterly update on P rojec t HOP E . Suggested D isposition: R eceive and File; C ouncil 9.W ork Session R equest: Inclusive Dubuque Quarterly U pdate C ity Attorney requesting City C ounc il schedule a work session for Monday, S eptember 19, 2022, at 6:00 p.m. for a quarterly update on I nc lusive D ubuque. Suggested D isposition: R eceive and File; C ouncil 10.Field of Miracles G ame at Mir acle League of D ubuque - Fox S ports Video Media Servic es will display a Fox S ports video of the sec ond annual Field of Miracles baseball game at the Miracle League of D ubuque C omplex on August 11, 2022. The video c an be viewed at: https://youtu.be/4E5rK df0LY I Suggested D isposition: R eceive and File; Video 11.D eliver ing D ubuque: O ffice of Shared Pr osperity and N eighbor hood Suppor t Video Media Servic es will display the D elivering D ubuque episode featuring the Office of S hared Prosperity and Neighborhood S upport. The video c an be viewed at: https://youtu.be/7wZJ W coI vm4 Suggested Disposition: Receive and File; Video 12.Welcome, Dubuque College Students Video Media Services will display a video featuring City staff welcoming new and returning college students to Dubuque for the Fall 2022 semester. The video can be viewed at: https://youtu.be/n9Sm3ZaXxyg Suggested Disposition: Receive and File; Video Page 8 Page 9 City Clerk /s/Adrienne N. Breitfelder Iowa by dialing 711 or (800) 735-2942. ctyclerk@cityofdubuque.org as soon as feasible. Deaf or hard-of-hearing individuals can use Relay assistance should contact the City Clerk's Office at (563) 589-4100, TDD/TTY (563) 690-6678, Individuals with limited English proficiency, vision, hearing or speech impairments or requiring special St., Dubuque, IA 52001, before or at said time of meeting. Written comments regarding the above items may be submitted to the City Clerk's Office, 50 W. 13th of Dubuque, Iowa and/or governmental body holding the meeting. This notice is given pursuant to Chapter 21, Code of Iowa, and applicable local regulations of the City Clerk's Office, 50 W. 13th Street, during regular business hours. The agenda with supporting documents may be accessed at www.cityofdubuque.org or at the City ADJOURNMENT Purchase or Sale of Real Estate – Chapter 21.5(1)(j) Code of Iowa CLOSED SESSION COUNCIL MEMBER REPORTS