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11 7 22 Agenda - Special and RegularROLL CALL ORDER FOR MEETING OF November 7, 2022 Cavanagh, Wethal, Resnick, Sprank, Farber, Jones, Roussell Viewing and Participation Options The public has the option to view and participate in the meeting in City Council Chambers or virtually. The meeting will be aired live on CityChannel Dubuque (Mediacom cable channels 8 and 117.2), streamed live and archived on the City's website atwww.cityofdubuque.org/media, and streamed live on the City's Facebook page at www.facebook.com/cityofdubuque. The public can provide in -person, 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 Clerk 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, Public Hearing, and Public Input sections. Virtual 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 Items, 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. • www.CityOfDubuque.org/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 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 V <r CITY COUNCIL MEETING Historic Federal Building: 350 W. 6th Street - p, . it Second -Floor Council Chambers. 0 Virtual participation options are also available. Please see the information above for options. November 7, 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 WORK SESSION 5:30 PM - Update on Housing Choice Voucher Program Housing and Community Development Director Alexis Steger will be presenting on the Housing Choice Voucher Program, updates on acceptance rates, decrease in utilization, and other programs offered under the Rental Assistance Division of the Housing and Community Development Department. REGULAR SESSION 6:30 PM PLEDGE OF ALLEGIANCE PRESENTATION(S) 2022 Woman of the Year Award Recognition Amy Gilligan, Executive Editor of the Telegraph Herald, will recognize Director of Strategic Partnerships Teri Hawks Goodmann as the 2022 Woman of the Year as part of the Telegraph Herald, BizTimes.biz, and Her Magazine's annual Salute to Women Awards. 2. Mississippi River Cities and Towns Initiative Founders Award Recognition Colin Wellenkamp, Executive Director of the Mississippi River Cities & Towns Initiative (MRCTI) will recognize Director of Strategic Partnerships Teri Hawks Goodmann for receiving MRCTI's Founders Award. PROCLAMATION(S) Hospice Month (November 2022) On behalf of Hospice of Dubuque. 2. Pancreatic Cancer Awareness Day (November 17, 2022) On behalf of the Michael W. Oglesby Foundation. 3. Small Business Saturday (November 26, 2022) On behalf of the Dubuque Area Chamber of Commerce and the Small Business Saturday Coalition. 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. Minutes and Reports Submitted Civil Service Commission of 10/21/22; City Council Proceedings of 10/17/22; Five Flags Civic Center Advisory Commission of 8/29/22; Historic Preservation Commission of 10/20/22; Library Board of Trustees of 4/28/22, 5/26/22, 6/23/22, 7/28/22, 8/24/22, and 8/25/22; Library Board of Trustees Update of 10/27/22; Long Range Planning Advisory Commission of 10/19/22; Zoning Advisory Commission of 11/2/22; Proof of Publication for City Council Proceedings of 10/3/22 and 10/17/22. Suggested Disposition: Receive and File 2. Notice of Claims and Suits Page 2 Connie Gosche for vehicle damage; Debra Heim for property damage. 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: Connie Gosche for vehicle damage; Debra Heim for 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 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. Fiscal Year 2022 State of Iowa Annual Financial Report City Manager recommending approval to file the Fiscal Year 2022 State of Iowa Annual Financial Report with the State of Iowa Auditor. Suggested Disposition: Receive and File; Approve 6. Fiscal Year 2022 City Street Financing Report City Manager recommending City Council approve the City of Dubuque's Fiscal Year 2022 City Street Financing Report and authorize filing with the Iowa Department of Transportation. RESOLUTION Approving the City of Dubuque Fiscal Year 2022 City Street Financing Report Suggested Disposition: Receive and File; Adopt Resolution(s) 7. COVID-19 City Council Update City Manager transmitting a monthly COVID-19 update. The next in -person COVID-19 update will occur at the December 5th, 2022, City Council meeting. Suggested Disposition: Receive and File 8. Pre -annexation Agreement — John T. Jr. and Debra S. Kalb City Manager recommending City Council adopt a resolution approving a pre -annexation agreement with John T. Jr. and Debra S. Kalb, property owner, of 17118 Chicory Street in Wildflower Ridge Subdivision in Dubuque Township, Dubuque County, Iowa, according to the recorded plat thereof and authorize the Mayor to sign the agreement. RESOLUTION Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and John T. Jr. and Debra S. Kalb Suggested Disposition: Receive and File; Adopt Resolution(s) 9. Easement Agreement, Ace Construction -Dubuque, L.L.0 Senior Counsel recommending City Council adopt the resolution approving an Agreement between Ace Construction -Dubuque, L.L.C. and the City for an access easement and the Grant of Easement itself. RESOLUTION Approving an Agreement by and between the City of Dubuque, Iowa and Ace Construction -Dubuque, L.L.0 and a Grant of Easement to the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s) 10. Corrected Legal Description by Resolution for Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, Version 2022.3 Page 3 City Manager recommending City Council adopt a resolution correcting the legal description in the Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, Version 2022.3. RESOLUTION Nunc Pro Tunc correcting and amending a scrivener's error in certain legal descriptions included in the Urban Renewal Plan for the Dubuque Industrial Center Economic Development District Suggested Disposition: Receive and File; Adopt Resolution(s) 11. Chaplain Schmitt Island Trail Connection Project - Iowa DOT Funding Agreement City Manager recommending City Council adopt a resolution authorizing the Mayor to execute the Iowa Department of Transportation Federal Aid Agreement for Community Project Funding / Congressionally Directed Spending (Agreement No. 23-EDP-102) for the Chaplain Schmitt Island Trail Connection Project. RESOLUTION Approving a Funding Agreement (23-EDP-102) with the Iowa Department of Transportation for Community Project Funding/Congressionally Directed Spending for the Chaplain Schmitt Island Trail Connection Project Suggested Disposition: Receive and File; Adopt Resolution(s) 12. 2022 Asphalt Overlay Access Ramp Project 4 City Manager recommending City Council adopt a resolution accepting the improvements and authorize the final payment of the contract amount of $145,340.51 to D&D Concrete Inc, for the 2022 Asphalt Overlay Access Ramp Project 4. RESOLUTION Accepting the 2022 Asphalt Overlay Access Ramp Project 4 and authorizing the payment to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 13. Iowa Department of Transportation Title VI Compliance Review City Manager recommending City Council approve the Title VI Assurances and Title VI Nondiscrimination Agreement between the Iowa Department of Transportation (Iowa DOT) and the City of Dubuque related to the city's receipt of federal aid funding and give authorization to the Mayor to sign the agreement. RESOLUTION Approving the Iowa Department of Transportation Title VI / Non -Discrimination Assurances DOT Order No. 1050.2A and Title VI Non -Discrimination Agreement Suggested Disposition: Receive and File; Adopt Resolution(s) 14. Community Development Block Grant Contract for Henry Stout Apartment Complex City Manager recommending City Council adopt a resolution approving the Community Development Block Grant (CDBG) Subrecipient Agreement with Gronen and authorizing the Mayor to execute the Agreement on behalf of the City. RESOLUTION Authorizing execution of CDBG Subrecipient Agreement with Gronen Suggested Disposition: Receive and File; Adopt Resolution(s) 15. Experience Schmitt Island: Mississippi River Outdoor Amphitheater and Island Trails Project Destination Iowa Outdoor Recreation Fund Grant Resolution Adoption City Manager recommending City Council adopt a resolution for the Destination Iowa Outdoor Recreation Fund grant application for Experience Schmitt Island. RESOLUTION Authorizing the Mayor to submit a resolution to the Iowa Economic Development Authority for the Experience Schmitt Island: Mississippi River Outdoor Amphitheater and Island Trails Grant Application to the Destination Iowa Outdoor Recreation Fund Suggested Disposition: Receive and File; Adopt Resolution(s) Page 4 16. Signed Contract(s) Schmitt Island Management Agreement. Suggested Disposition: Receive and File 17. Improvement Contracts / Performance, Payment and Maintenance Bonds Black Hawk Roof Company for the Carnegie -Stout Library - Roofs 1 & 2 Restoration Project; Midwest Concrete, Inc. for the Royalwood Subdivision Water Main Loop North Cascade Road Crossing Project; Midwest Concrete, Inc. for the Highway 20 - N. Cascade Road Truck Stop Water Service Connection Project. Suggested Disposition: Receive and File; Approve 18. Proposed Amendment to Master Co -location and Shared Services Agreement Between the City of Dubuque and Dubuque County City Manager recommending City Council approve an amendment to an existing Master Co -location and Shared Services Agreement in place between the City of Dubuque (City) and Dubuque County (County). Suggested Disposition: Receive and File; Approve 19. Mediacom Communications Corporation Correspondence on Programming Changes and Rate Adjustments Correspondence from Lee Grassley, Senior Manager of Government Relations for Mediacom Communications Corporation, informing the City of programming changes and rate adjustments being implemented on or about November 15, 2022. Suggested Disposition: Receive and File 20. Boards and Commissions Pilot with the Iowa Department of Human Rights City Clerk transmitting information regarding the City's participation in a pilot for City boards and commissions applications with the Iowa Department of Human Rights. Suggested Disposition: Receive and File 21. Liquor License Renewals City Manager recommending City Council approval of annual beer, liquor and wine licenses 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. Upper Bee Branch Creek Restoration Railroad Sanitary Interceptor Crossing Project (part of Phase IV of the Bee Branch Watershed Flood Mitigation Project) City Manager recommending City Council authorize the public bidding process for the Upper Bee Branch Creek Restoration Railroad Sanitary Interceptor Crossing Project (part of Phase IV of the Bee Branch Watershed Flood Mitigation Project) setting a public hearing for November 21, 2022 and preliminarily approving the proposed plans, specifications, form of contract, and construction estimate in the amount of $3,203,300 authorizing the City Engineer to advertise for bids for the Upper Bee Branch Creek Restoration Railroad Sanitary Interceptor Crossing Project. RESOLUTION Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated Page 5 cost; and ordering the advertisement for bids for the Upper Bee Branch Creek Restoration Railroad Sanitary Interceptor Crossing Project Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for November 21, 2022 2. Resolution of Necessity for the Proposed Urban Renewal Plan for the John F. Kennedy (JFK) Road Urban Renewal Area City Manager recommending City Council adopt the Resolution of Necessity that finds that an Urban Renewal Plan for the proposed John F. Kennedy (JFK) Road Urban Renewal Area ("Area") is both necessary and appropriate and sets a public hearing on the proposed amendment for December 5, 2022. RESOLUTION Authorizing and directing the City Manager to prepare an Urban Renewal Plan for the John F. Kennedy (JFK) Road Urban Renewal Area, setting a date for the public hearing and directing the consultation process on the proposed Amended and Restated Urban Renewal Plan for said district Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for December 5, 2022 BOARDS/COMMISSIONS 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. Community Development Advisory Commission One 3-Year term through February 15, 2023 (Vacant term of Hammel Jr.) Applicant: Gabriel Mozena, 196 Bluff St. Park and Recreation Advisory Commission One 3-Year term through June 30, 2023 (Vacant term of Hochberger) Applicants: Ron Axtell, 1895 Norland Dr. Josh Jorgenson, 3030 Judson Crt. Shirley Snow, 779 University Ave. Resilient Community Advisory Commission One Cross Representative whose term will coincide with their term on the cross represented board or commission. City Code 2-6-7 requires 3 members of the Resilient Community Advisory Commission to also be a member of one of the following boards or commissions: Arts & Culture Advisory Commission, Catfish Creek Watershed Management Authority, Community Development Advisory Commission, Historic Preservation Commission, Housing Commission, Human Rights Commission, Long Range Planning Advisory Commission, Parks & Recreation Advisory Commission, Transit Advisory Commission, and/or Zoning Advisory Commission Applicants: Rick Baumhover, 601 Garfield Ave. - Current member of the Housing Commission & Housing Trust Fund Advisory Committee - Term Expires 8117125 Thea Dement, 375 Alpine St. - Current member of the Historic Preservation Commission - Term Expires 711123 Steven Drahozal, 683 West 11th St. - Current member of the Catfish Creek Watershed Management Authority - Term Expires 7116124 Lori 011endick, 1390 Oak Park PI. - Current member of the Park and Recreation Advisory Page 6 Commission - Term Expires 711125 2. Boards and Commission Appointments Appointment to the following commission to be made at this meeting. Civil Service Commission Iowa Code §400.1 requires publication of the name(s) of person(s) selected for appointment to the Civil Service Commission no less than thirty (30) days prior to a vote by the city council. Vote on appointment to occur at this city council meeting. One, 4-Year term through April 6, 2026 (Vacant term of Baskerville) Applicants: Scott Crabill, 2757 Balboa Dr. - Selected by Mayor Cavanagh for appointment at the October 3, 2022, City Council Meeting Michelle Hinke, 973 Patricia Ann Dr. This commission is subject to the State of Iowa Gender Balance Law, §69.16A. 3 Commissioners total; currently 1 male/1 female PUBLIC HEARINGS Residents 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. Rezoning Request - 1660 and 1670 Asbury Road Proof of publication on notice of public hearing to consider City Council approval of a request from Bob Felderman to rezone property located at 1660 and 1670 Asbury Road from C-2 Neighborhood Shopping Center zoning district to OC Office 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 parcels of land located at 1660 and 1670 Asbury Road within the City of Dubuque from C-2 Neighborhood Shopping Center District to OC Office Commercial District Suggested Disposition: Receive and File; Motion B; Motion A 2. Public Hearing and Approval of Bies Drive Urban Revitalization City Manager recommending City Council approve the Bies Drive Urban Revitalization Plan and district designation. ORDINANCE Amending City of Dubuque Code of Ordinances Title 3, Revenue and Taxation, Chapter 2 Revitalization Areas, by adopting a new Section 8 Bies Drive, establishing the Bies Drive Urban Revitalization Area, and establishing requirements for qualifying property owners Suggested Disposition: Receive and File; Motion B; Motion A 3. Resolution Approving a Proposed Development Agreement by and among the City of Dubuque, Iowa, Geisler Brothers Realty, LLC, and Dubuque Steel Products, Inc. for the Issuance of Urban Renewal Tax Increment Revenue Grant Obligations Pursuant to the Development Agreement Proof of publication on notice of public hearing to consider City Council adoption of a resolution approving a proposed Development Agreement by and among the City of Dubuque, Iowa, Geisler Brothers Realty, LLC, and Dubuque Steel Products Inc. for the issuance of Urban Renewal Tax Increment Revenue Grant Obligations pursuant to the Development Agreement, Page 7 and City Manager recommending approval. RESOLUTION Approving a Development Agreement by and among the City of Dubuque, Geisler Brothers Realty, LLC, and Dubuque Steel Products, Inc. including the issuance of urban tax increment revenue obligations to Dubuque Steel Products, Inc. Suggested Disposition: Receive and File; Adopt Resolution(s) 4. Bee Branch Creek Trail Phase 1 Project Proof of publication on notice of public hearing to consider City Council adoption of a resolution approving the plans, specifications, form of contract and estimated cost for the Bee Branch Creek Trail Project — Phase 1 Project, Iowa DOT Project TAP-2100(697)-81-31 in the estimated amount of $721,035.00, and City Manager recommending approval. RESOLUTION Approval of plans, specifications, form of contract, and estimated cost for the Bee Branch Creek Trail Project— Phase 1 Project, Iowa DOT Project No. TAP-2100(697)-81- 31 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. Residents 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. Preliminary Plat of Mozena Farms Zoning Advisory Commission recommending approval of the Preliminary Plat of Mozena Farms. Suggested Disposition: Receive and File; Approve 2. 2022 John F. Kennedy Road Sidewalk Installation Project City Manager recommending City Council adopt a resolution to award the public improvement contract for the 2022 John F. Kennedy Road Sidewalk Installation Project, Iowa DOT Project TAP-U-2100-703-81-31 to Midwest Concrete, Inc., of Peosta, IA, in the amount of $538,457.12, subject to Iowa DOT concurrence and approval of award. RESOLUTION Awarding Public Improvement Contract for the 2022 John F. Kennedy Road Sidewalk Installation Project - Iowa DOT Project TAP-U-2100-703-81-31 Suggested Disposition: Receive and File; Adopt Resolution(s) 3. Ordinance Amendment for Civil Service Commission Meetings City Clerk recommending City Council approval of an ordinance amending the Civil Service Commission's meeting frequency to monthly meetings. ORDINANCE Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 2 Civil Service Commission, Section 2-2-10 Meetings Suggested Disposition: Receive and File; Motion B; Motion A 4. Application Guidelines for the Arts Operating Recovery Subgranting Program funded by Page 8 the National Endowment for the Arts American Rescue Plan Act City Manager recommending City Council approve the program materials establishing the application guidelines and requirements for the National Endowment for the Arts' American Rescue Plan Act funded `Arts Operating Recovery Subgranting Program'. Suggested Disposition: Receive and File; Approve 5. Amending Ordinance 14-17-A for the Derby Grange Road Housing Urban Renewal Plan, Version 2022.1 City Manager recommending City Council adopt the Ordinance amending Ordinance 14-17-A to remove property from the division of revenues within the Derby Grange Urban Renewal Area. ORDINANCE Amending Ordinance No. 14-17-A providing that general property taxes levied and collected each year on all property located within the Derby Grange Road Housing Urban Renewal Area, in the City of Dubuque, County Of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with said Derby Grange Road Housing Urban Renewal Area by revising the boundaries of the Derby Grange Road Housing Urban Renewal Area as described herein Suggested Disposition: Receive and File; Motion B; Motion A 6. Corrected Legal Description for Ordinance 28-22 for the Dubuque Industrial Center Economic Development District, Version 2022.3 City Manager recommending City Council approve an Ordinance correcting the legal description in Ordinance 28-22 for the Dubuque Industrial Center Economic Development District, Version 2022.3. ORDINANCE Correcting and amending Ordinance No. 28-22, previously amended, providing that general property taxes levied and collected each year on all property located within the Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Area of the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with the Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Redevelopment Project by adding Subarea R to the division of revenues Suggested Disposition: Receive and File; Motion B; Motion A 7. Public Works Staff Videos Assistant Public Works Director Arielle Swift will introduce several videos that highlight the work of the Public Works Department. Two of the videos can be accessed via the following links: hftps://youtu.be/FsITWb2aywQ hftps://youtu.be/F687HCoh6O8 Suggested Disposition: Receive and File; Video COUNCIL MEMBER REPORTS CLOSED SESSION Purchase or Sale of Real Estate — Chapter 21.5(1)(j) Code of Iowa Page 9 ADJOURNMENT The agenda with supporting documents may be accessed at www.cityofdubuque.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 10