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02 20 23 Agenda - Special and RegularROLL CALL ORDER FOR MEETING OF February 20, 2023 Cavanagh, Roussell, Farber, Wethal, Jones, Resnick, Sprank 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 at www.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 during the appropriate section. 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 CITY COUNCIL MEETING k , Historic Federal Building: 350 W. 6th Street - Second -Floor Council Chambers. Virtual participation options are also available. Please r see the information above for options. February 20, 2023 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 SPECIAL SESSION Page 1 5:30 PM - New Hazardous Materials Command Vehicle *Occurring before the official City Council meeting The Fire Department will display their new Hazardous Materials Command Vehicle from 5:30 p.m. to 6:00 p.m. outside the Historic Federal Building. The public is invited to join City Council in viewing the new vehicle. *Note: This demonstration is not part of the official City Council meeting. WORK SESSION 6:00 PM - Travel Dubuque Annual Update Travel Dubuque President and CEO Keith Rahe will provide the organization's annual presentation. REGULAR SESSION 6:30 PM PLEDGE OF ALLEGIANCE PROCLAMATION(S) Birthday of Captain Robert L. Martin during Black History Month (February 2023) On behalf of the Captain Robert L. Martin Commemoration Committee and the Dubuque Branch of the NAACP. 2. Dubuque's Read Across America Day (March 2, 2023) On behalf of St. Mark Youth Enrichment. 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 City Council Proceedings of 1/30/23 and 2/6/23; Equity and Human Rights Commission of 8/8/22, 9/12/22, 11/14/22, and 12/12/22; Historic Preservation Commission of 1/19/23; Library Board of Trustees of 10/27/22, 11/16/22, and 12/15/22; Library Board of Trustees Update of 1/26/23; Zoning Advisory Commission of 2/1/23; Zoning Board of Adjustment of 1/26/23; Proof of publication for City Council Proceedings of 1/17/23 and 1/30/23. Suggested Disposition: Receive and File 2. Notice of Claims and Suits Steven Grutzmacher for mileage reimbursement; Michael Lange for vehicle damage; John Lockwood for vehicle damage. Suggested Disposition: Receive and File; Refer to City Attorney 3. 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 Page 2 of bills that must be paid and approved for payment in accordance with City procedures Suggested Disposition: Receive and File; Adopt Resolution(s) 4. Authorized Depository Institutions City Manager requesting City Council approval of a resolution that adds Peoples Savings Bank as an authorized depository institution for the City of Dubuque and increase the maximum balance for Dupaco Community Credit Union to $35 million. RESOLUTION Naming Depositories Suggested Disposition: Receive and File; Adopt Resolution(s) 5. 2022 Calendar year Certified Local Governments Annual Report and 2023 Historic Preservation Commission Annual Workplan City Manager recommending City Council approve the Historic Preservation Commission's 2023 Annual Workplan and authorize the Mayor to sign the 2022 Annual Certified Local Government Report. Suggested Disposition: Receive and File; Approve 6. Fiscal Year 2023 Certified Local Government Grant Agreement for Voelker Highlands Survey City Manager recommending City Council approve an FY 2023 $7,000 grant agreement through the Certified Local Government (CLG) grant program by the State Historical Society of Iowa (SHSI) under the Iowa Department of Cultural Affairs (IDCA) for Dubuque's Voelker Highlands Architectural Survey and authorize the Mayor sign the resolution. RESOLUTION Approving CLG Grant Agreement with the Iowa Department of Cultural Affairs for the Voelker Highlands Intensive Architectural Survey Suggested Disposition: Receive and File; Adopt Resolution(s) 7. Fiscal Year 2023 Certified Local Government Grant Agreement for the Deereville Survey City Manager recommending City Council approve the grant agreement through the Certified Local Government (CLG) grant program by the State Historical Society of Iowa (SHSI) under the Iowa Department of Cultural Affairs (I DCA) for Dubuque's Deereville Architectural Survey and authorize the Mayor to sign the resolution for a Fiscal Year 2023 $10,000 CLG Grant to help undertake the Deereville Survey. RESOLUTION Approving CLG Grant Agreement with the Iowa Department of Cultural Affairs for the Deereville Intensive Architectural Survey Suggested Disposition: Receive and File; Adopt Resolution(s) 8. US Census Boundary and Annexation Survey City Manager submitting information from the U.S. Census Bureau which annually conducts the Boundary and Annexation Survey (BAS). Suggested Disposition: Receive and File 9. Solar@Scale Letter of Support City Manager recommending City Council approval to submit a letter of support for the International City Manager's Association (ICMA) Solar@Scale program. Suggested Disposition: Receive and File; Approve 10. Signed Contract(s) Carrico Aquatic Resources, Inc. for the Sutton Pool Filter Replacement; McDermott Excavating for the Briarwood Subdivision Water Connection. Suggested Disposition: Receive and File Page 3 11. Improvement Contracts I Performance, Payment and Maintenance Bonds Carrico Aquatic Resources for the Flora Pool Filter Tank & Recirculation Pump Replacement Project. Suggested Disposition: Receive and File; Approve 12. Chavenelle Road — NW Arterial to Radford Road Reconstruction Project City Manager recommending City Council adopt the attached resolutions to accept the public improvements, approve the Final Schedule of Assessments, and to authorize the payment of the final contract amount of $2,451,804.52 to Bard Materials Inc. for the Chavenelle Road — NW Arterial to Radford Road Reconstruction Project and levy the special assessments in the amount of $353,304.42. RESOLUTION Accepting the Chavenelle Road — NW Arterial to Radford Road Reconstruction Project and authorizing the payment of the contract amount to the contractor RESOLUTION Adopting the Final Assessment Schedule for the Chavenelle Road — NW Arterial to Radford Road Reconstruction Project Suggested Disposition: Receive and File; Adopt Resolution(s) 13. Bee Branch Creek Railroad Culverts Trail Project Acceptance City Manager recommending City Council adopt the attached resolution accepting the improvements and authorize the final payment of the contract amount of $463,129.25, to Tricon General Construction for the Bee Branch Creek Railroad Culverts Trail Project. RESOLUTION Accepting the Bee Branch Creek Railroad Culvert Trail Project and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 14. Upper Bee Branch Creek Railroad Culverts Project Acceptance City Manager recommending City Council adopt the attached resolution accepting the improvements and authorize the final payment of the contract amount of $26,564,501.38 to Tricon General Construction, for the Upper Bee Branch Creek Railroad Culverts Project. RESOLUTION Accepting the Upper Bee Branch Creek Railroad Culverts Project and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 15. Approval of Plat of Survey (ROW Vacation) of Lot 2-2-1-2-1-2-2-2-2-2-B of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., in the City of Dubuque, Iowa for Vacation Petition (to Hills and Dales Childhood Development Center) as part of the Stoneman Road Reconstruction Project City Manager recommending City Council adopt a resolution approving the Plat of Survey of Lot 2-2-1-2- 1-2-2-2-2-2-B of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., in the City of Dubuque, Iowa regarding the vacation of a portion of the Stoneman Road Right of Way at the west end of Stoneman Road adjacent to the Hills and Dales Childhood Development Center property as part of the Stoneman Road Reconstruction Project. RESOLUTION Approving Plat of Proposed Vacated Portion of Stoneman Road, in the City of Dubuque, Iowa, to be known as Lot 2-2-1-2-1-2-2-2-2-2-B of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 16. Calendar Year 2022 Urban Revitalization Program Applications City Manager recommending City Council adopt a resolution approving the residential property tax abatement applications submitted by property owners in accordance with the Urban Revitalization Page 4 ordinance and directs that the approved applications be forwarded to the City Tax Assessor. RESOLUTION Approving Property Tax Abatement Applications Submitted by Property Owners in Urban Revitalization Areas and Authorizing the transmittal of the approved applications to the City Tax Assessor Suggested Disposition: Receive and File; Adopt Resolution(s) 17. First Amendment to Community Development Block Grant Subrecipient Agreement between the City of Dubuque and Four Mounds Foundation City Manager recommending City Council adopt a resolution to amend the Subrecipient Agreement to reflect the Scope of Work, Budget and Dates of Commencement and Completion with the Four Mounds Foundation and authorize the City Manager or his designee to execute the amendment on behalf of the City. RESOLUTION Authorizing the First Amendment to the CDBG Subrecipient Agreement between the City of Dubuque and Four Mounds Foundation Suggested Disposition: Receive and File; Adopt Resolution(s) 18. Approval of Retail Alcohol Licenses City Manager recommending City Council approval of retail alcohol licenses as submitted. RESOLUTION Approving applications for retail alcohol licenses, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits 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. Set Public Hearing Petition to Vacate and Dispose of City Interest in a portion of the Stoneman Road Right of Way, in the City of Dubuque, Iowa for Vacation Petition (to Hills and Dales Childhood Development Center) as part of the Stoneman Road Reconstruction Project City Manager recommending City Council approval to set a public hearing on March 6, 2023, for the vacating and disposal of a portion of the Stoneman Road Right of Way at the west end of Stoneman Road adjacent to the Hills and Dales Childhood Development Center property as part of the Stoneman Road Reconstruction Project through adoption of the enclosed resolution. RESOLUTION Intent to vacate and dispose of city interest in a portion of Stoneman Road, in the City of Dubuque, Iowa, to be known as Lot 2-2-1-2-1-2-2-2-2-2-B of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., in the City of Dubuque, I owa Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for March 6, 2023 2. Set Public Hearing for Disposition of City -Owned Property at 612 Lincoln Avenue City Manager recommending City Council set a public hearing for March 6, 2023, to approve the disposition of 612 Lincoln Avenue to Affordable Housing Network, Inc. RESOLUTION Intent to dispose of an interest in City of Dubuque real estate to Affordable Housing Network, Inc, 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 March 6, 2023 Page 5 3. Resolution of Necessity for the Amendment of the Dubuque Industrial Center Economic Development District Urban Renewal Plan, Version 2023.1 City Manager recommending City Council adopt the attached Resolution of Necessity that begins the process of drafting the Amended and Restated Urban Renewal Plan for Dubuque Industrial Center Economic Development District and sets a public hearing on the proposed amendment for March 20, 2023. RESOLUTION Authorizing and directing the City Manager to prepare an Amended and Restated Urban Renewal Plan Version 2023.1 for the Dubuque Industrial Center Economic Development District, setting a date for the public hearing and directing the consultation process on the proposed Amended and Restated Urban Renewal Plan Version 2023.1 for said district Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for March 20, 2023 4. Resolution of Necessity for the Amendment of the Dubuque Industrial Center Economic Development District Urban Renewal Plan, Version 2023.2 City Manager recommending City Council adopt the attached Resolution of Necessity that begins the process of drafting the Amended and Restated Urban Renewal Plan for Dubuque Industrial Center Economic Development District to expand the district and set a public hearing on the proposed amendment for March 20, 2023. RESOLUTION Authorizing and directing the City Manager to prepare an Amended and Restated Urban Renewal Plan Version 2023.2 for the Dubuque Industrial Center Economic Development District, setting a date for the public hearing and directing the consultation process on the proposed Amended and Restated Urban Renewal Plan Version 2023.2 for said district Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for March 20, 2023 BOARDS/COMMISSIONS Boards and Commission Appointments Appointments to the following commissions to be made at this meeting. Zoning Board of Adjustments One, 5-Year term through March 25, 2027 (Vacant term of Golombeski) One, 5-Year term through March 25, 2028 (Expiring term of Mauss) Applicants: Matthew Mauss, 1540 N. Algona St. - Additional Applicant Rena Stierman, 390 Moore Heights This commission is subject to the State of Iowa Gender Balance Law, §69.16A. 5 Commissioners total, currently 2 males/1 female/ 2 opening 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. Public Hearing for Resolution Establishing Maximum Property Tax Dollars for Fiscal Year 2024 Proof of publication on notice of public hearing to consider City Council adopt a resolution approving the Fiscal Year 2024 Maximum Property Tax Dollars as required by Section 384.15A of the Code of Iowa, and City Manager recommending approval. RESOLUTION Approval of the Fiscal Year 2024 Maximum Property Tax Dollars for the Page 6 affected tax levy total Suggested Disposition: Receive and File; Adopt Resolution(s) 2. Amending Zone B of the Dubuque Industrial Center West Planned Unit Development to allow childcare centers, early learning centers, general office, data centers, and emergency call centers Proof of publication on notice of public hearing to consider a request from Dave Lyons, Dubuque Childcare Collaborative LLC, to amend Zone B of the Dubuque Industrial Center West Planned Unit Development, 7900 Chavenelle Road, to allow childcare centers, early learning centers, general office, data centers, and emergency call centers, and Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16, Unified Development Code of the City of Dubuque Code of Ordinances, by rescinding Ordinance No. 32-18 which established regulations for a PUD Planned Unit Development District with a PI Planned Industrial Designation and adopting an Amended PUD Ordinance to allow for Childcare Centers, Early Learning Centers, General Office, Data Centers, and Emergency Call Centers within the Zone B of the PUD Planned Development District Suggested Disposition: Receive and File; Motion B; Motion A 3. Resolution Approving the Disposition of an Interest in City -Owned Real Estate Pursuant to the Development Agreement by and between the City of Dubuque and Seippel Warehouse, LLC, Including the Issuance of Urban Renewal Tax Increment Revenue Grant Obligations Proof of publication on notice of public hearing to consider City Council approval of the Development Agreement by and between the City of Dubuque and Seippel Warehouse, LLC. for the sale of City -owned property and the issuance of Urban Renewal Tax Increment Revenue Grant Obligations by adopting the attached Resolution, and City Manager recommending approval. RESOLUTION Approving the disposal of an interest in City of Dubuque owned real estate by sale to Seippel Warehouse, LLC, pursuant to a Development Agreement by and between the City of Dubuque and Seippel Warehouse, LLC, including the issuance of Urban Tax Increment Revenue Obligations to Seippel Warehouse, LLC 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 I nput 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. Resolution Approving First Amendment to Amended and Restated Development Agreement Between the City of Dubuque and Simmons Pet Food, Inc. City Manager recommending City Council adopt a resolution approving a First Amendment to Amended and Restated Development Agreement between the City of Dubuque and Simmons Pet Food, Inc. Page 7 RESOLUTION Approving the First Amendment to the Amended and Restated Development Agreement by and between the City of Dubuque and Simmons Pet Food, Inc. Suggested Disposition: Receive and File; Adopt Resolution(s) 2. Naming Recognition Request — Multicultural Family Center City Manager recommending City Council approval of the naming recognition and naming signage request made by the Multicultural Family Center (non-profit) regarding the Multicultural Family Center. Suggested Disposition: Receive and File; Approve 3. First Reading Proposed Ordinance Automated Speed Enforcement City Manager recommending City Council approval of the first reading of the proposed Automated Speed Enforcement ordinance and review of the attached documentation. ORDINANCE Amending Title 9 Motor Vehicles and Traffic, Chapter 7 Operation, Division 5 Speed Restrictions by enacting a new Section 9-7-321.286 Automated Speed Enforcement regarding automated speed enforcement and the process for challenging an automated speed citation Suggested Disposition: Receive and File; First Reading 4. Automated Speed Enforcement Policy City Attorney submitting a draft Automated Speed Enforcement Policy for review and discussion. Suggested Disposition: Receive and File; Place on March 6, 2023, agenda for further review 5. Secondary Responder Model City Manager recommending City Council approve utilizing the Internal Working Group as the backbone to a secondary responder model, allow for the exploration of co -locating services in the Federal Building and identify community partners to support the efforts of secondary responders. City Manager additionally requesting City Council approval to continue to pursue funding for co -responder position(s). City Staff will make a presentation. Suggested Disposition: Receive and File; Approve; Presentation 6. Fiscal Year 2024 Recommended Budget City Manager submitting the Fiscal Year 2024 recommended budget. Suggested Disposition: Receive and File; Presentation 7. Fiscal Year 2024 Budget Hearing Schedule City Manager submitting the Fiscal Year 2024 Budget Hearing Schedule. Suggested Disposition: Receive and File 8. Sanitary Sewer Asset Management Plan Consulting Engineering Services City Manager recommending City Council approval to release a request for qualifications (RFQ) to hire a consultant to assist with the development of the City's Sanitary Sewer Asset Management Plan. City staff will make a presentation. Suggested Disposition: Receive and File; Approve; Presentation Page 8 9. Reschedule Sustainable Dubuque Quarterly Work Session City Manager recommending City Council reschedule the July 17th Sustainable Dubuque work session to Monday, August 7, 2023, at 5:30 p.m. Suggested Disposition: Receive and File; Council COUNCIL MEMBER REPORTS CLOSED SESSION Purchase or Sale of Real Estate — Chapter 21.5(1)(j) Code of Iowa 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, CIVIC City Clerk Page 9