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04 03 23 Agenda - Special and RegularROLL CALL ORDER FOR MEETING OF April 3, 2023 Farber, Resnick, Wethal, Roussell, Cavanagh, Sprank, Jones 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. April 3, 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 WORK SESSION Page 1 6:00 PM - Carnegie -Stout Public Library Strategic Plan Carnegie -Stout Public Library Director Nick Rossman will present on the the Board of Trustees approved Strategic Plan for the Carnegie -Stout Public Library. REGULAR SESSION 6:30 PM PLEDGE OF ALLEGIANCE PROCLAMATION(S) Sexual Assault Awareness Month (April 2023) On behalf of the Riverview Center. 2. Junior Achievement Day (April 6, 2023) On behalf of Junior Achievement of the Heartland. 3. Community Development Week (April 10-14, 2023) On behalf of the Housing and Community Development Department. 4. Dubuque YP Days of Caring (April 28, 2023) On behalf of the Dubuque Area Chamber of Commerce's Young Professionals. 5. Clarke University Women's Basketball Team 2023 NAIA National Champions On behalf of Clarke University. 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 3/20/23, 3/21/23, 3/22/23, and 3/23/23; Historic Preservation Commission of 3/16/23; Library Board of Trustees Update of 2/23/23; Proof of Publication for City Council Proceedings of 2/20/23, 2/21/23, 2/27/23, 3/6/23, 3/7/23, 3/8/23, and 3/9/23. Suggested Disposition: Receive and File 2. Notice of Claims and Suits Rebecca Ambrosy for vehicle damage; Connie Carroll for property damage; Tony Cross for property damage; Susan Harris for vehicle damage; James Hauber for property damage; Ruth McEnany for property damage; Alex Pfeiffer for vehicle 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: Rebecca Ambrosy for vehicle damage; Connie Carroll for property damage; Tony Cross for property damage; Susan Harris for vehicle damage; James Hauber for property damage; Ruth McEnany for property damage; Alex Pfeiffer for vehicle 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 Chief Financial Officer/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 2024 Community Development Block Grant Annual Action Plan City Manager recommending City Council approve the attached resolution adopting the proposed Annual Action Plan for FY 2024 as recommended by the Community Development Advisory Commission and direct staff to transmit this plan to the U.S. Department of Housing and Urban Development as required. RESOLUTION Adopting the Fiscal Year 2024 (Program Year 2023) Community Development Block Grant (CDBG) Annual Action Plan for Approval Suggested Disposition: Receive and File; Adopt Resolution(s) 6. Second Amendment to Community Development Block Grant (CDBG) Subrecipient Agreement between the City of Dubuque and Dubuque Community School District City Manager recommending City Council approve the second amendment to the Community Development Block Grant Subrecipient Agreement with the Dubuque Community School District and authorize the Mayor to execute the amendment on behalf of the City. RESOLUTION Authorizing the Second Amendment to the CDBG Subrecipient Agreement between the City of Dubuque and Dubuque Community School District Suggested Disposition: Receive and File; Adopt Resolution(s) 7. First Amendment to the Housing TIF Agreement with Affordable Housing Network Inc (AHNI) City Manager recommending City Council approve the amendment to the agreement with Affordable Housing Network, Inc. for city support in the amount of $600,000 in Housing TI F funds to allow up to $60,000 per unit contribution from the City of Dubuque and reduce the number of units for performance from 20 units to 10 units. RESOLUTION Approving the First Amendment to an Agreement with Affordable Housing Network, I nc. for the rehabilitation of residential property within the City of Dubuque for resale or rental to low and moderate -income families Suggested Disposition: Receive and File; Adopt Resolution(s) 8. Grass and Weed Cutting and Garbage Collection Assessments City Manager recommending City Council adopt a resolution authorizing the City Clerk to certify grass and weed cutting and garbage collection charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. RESOLUTION Authorizing the city to collect delinquent grass and weed cutting and garbage collection charges in accordance with Title 6-4-3A and Title 6-8-2 of the Code of Ordinances of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 9. Problem Property Assessment City Manager recommending City Council adopt the attached resolution authorizing the City to certify problem property charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. RESOLUTION Authorizing the city to collect delinquent problem property charges in accordance with 14-1J1 International Property Maintenance Code Section 106.5 and/or Section 109.5 Code of Ordinances of the City of Dubuque, Iowa Page 3 Suggested Disposition: Receive and File; Adopt Resolution(s) 10. Resolution of Support for Proposed Low Income Housing Project in the Amended Radford Road Urban Revitalization Area City Manager recommending City Council adopt a resolution of support for a proposed 50-unit low-income housing project. RESOLUTION Providing a Letter of Support for a Low -Income Housing Tax Credit Project proposed by Dubuque Housing Group Suggested Disposition: Receive and File; Adopt Resolution(s) 11. Authorizing the Filing of an Application and Letter of Support to the Iowa Economic Development Authority Community Catalyst Building Remediation Grant Program on behalf of Nia Neighborhoods Opportunity Zone Fund, LLC City Manager recommending City Council review and approval of a resolution authorizing the submission of a Community Catalyst Building Remediation Grant Program Application on behalf of Nia Neighborhoods Opportunity Zone Fund, LLC to the Iowa Economic Development Authority (IEDA) for the rehabilitation of 1398 White Street. RESOLUTION Authorizing the filing of an application and letter of support with the Iowa Economic Development Authority for the application by the City of Dubuque on behalf of Nia Neighborhoods Opportunity Zone Fund, LLC for a Community Catalyst Building Remediation Grant Suggested Disposition: Receive and File; Adopt Resolution(s) 12. Transmission of Application Guidelines for Fiscal Year 2024Arts & Culture Special Projects Grant Program City Manager sharing information with City Council for the guidelines, scoring rubric, and application requirements for the FY 2024 Arts & Culture Special Projects Grant Program as approved by the Arts & Cultural Affairs Advisory Commission on February 28, 2023, be received and filed. Suggested Disposition: Receive and File 13. Transmission of Application Guidelines for Fiscal Year 2024Arts & Culture Operating Support Grant Program City Manager sharing information with City Council for the guidelines, scoring rubric, and application requirements for the FY 2024 Arts & Culture Operating Support Grant Program as approved by the Arts & Cultural Affairs Advisory Commission on February 28, 2023, be received and filed. Suggested Disposition: Receive and File 14. Fiscal Year 2024 Planning Services Department - Increased Fees City Manager recommending City Council approval of the attached resolution and supporting documentation for an increase for FY2024 Planning Services Department fees as an approved budget improvement in the adopted FY2024 Budget. RESOLUTION Rescinding Resolution No. 137-21, Establishing a Schedule of Development Services Fees, and adopting in lieu thereof a New Schedule of Development Services Fees as provided in Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code Suggested Disposition: Receive and File; Adopt Resolution(s) 15. 2022 Pavement Marking Project: Acceptance of Public Improvement Construction Contract City Manager recommending City Council adopt the attached resolution to accept the improvements and to authorize the payment of the contract amount of $185,507.43 to SELCO, Inc. for the 2022 Pavement Marking Project. Page 4 RESOLUTION Accepting the 2022 Pavement Marking Project and authorizing the payment to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 16. 2023 Asphalt Overlay Curb Ramp Project 3 City Manager recommending that the award for the 2023 Asphalt Overlay Curb Ramp Project 3 be officially recorded in the minutes of the City Council. Suggested Disposition: Receive and File; Make Matter of Record 17. English Lane Sanitary Replacement Project City Manager recommending that the award for the English Lane Sanitary Replacement Project be officially recorded in the minutes of the City Council. Suggested Disposition: Receive and File; Make Matter of Record 18. Rebuilding Bridges to Equity & Employment (RAISE) Grant Publication City Manger providing a copy of the Rebuilding Bridges to Equity & Employment (RAISE) Grant publication. Suggested Disposition: Receive and File 19. Signed Contract(s) Engineering & Construction Innovations, Inc. for the Upper Bee Branch Creek Restoration Railroad Sanitary Interceptor Crossing Project; Yamaha Motor Finance Corporation, U.S.A., for Amendment #2 to Equipment Schedule #116561. Suggested Disposition: Receive and File 20. Improvement Contracts I Performance, Payment and Maintenance Bonds Midwest Concrete, Inc. for the 2023 Asphalt Overlay Ramp Project Two. Suggested Disposition: Receive and File; Approve 21. Adoption of the March 2023 Replacement Supplement to the City of Dubuque Code of Ordinances City Clerk recommending approval of the resolution adopting the March 2023 Replacement Supplement as part of the City of Dubuque Code of Ordinances. RESOLUTION Adopting March 2023 Replacement Supplement to the Code of Ordinances of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 22. Amended 2022 City Council Official Proceedings City Clerk recommending approval of the Amended 2022 City Council Proceedings for calendar year 2022, which incorporates formatting changes made by the City Clerk's Office. Suggested Disposition: Receive and File; Approve 23. 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 Page 5 These agenda items are being scheduled for a future public hearing on the date indicated. Proceedings to Set Public Hearing on the Issuance of Not to Exceed $5,800,000 General Obligation Bonds, Series 2023 City Manager recommending that a public hearing be set for April 17, 2023, on the proposition of selling not to exceed $5,800,000 in General Obligation Bonds. RESOLUTION Setting the date for public hearing and additional action on proposal to enter into General Obligation Loan Agreements and to borrow money thereunder Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for April 17, 2023 2. Set Public Hearing for Sale of City -Owned Property at 2407 Queen Street City Manager recommending City Council set a public hearing for April 17, 2023, for the purpose of disposing of City -owned real property located at 2407 Queen Street. RESOLUTION Intent to dispose of an interest in City of Dubuque Real Estate to Melissa Sarazin, 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 April 17, 2023 3. Resolution of Necessity for the Proposed Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, Version 2023.2 City Manager recommending City Council adopt a resolution that authorizes and directs the City Manager to prepare a proposed Amended and Restated Urban Renewal Plan, Version 2023.2 ("Plan") for the Greater Downtown Urban Renewal District ("District") and sets a public hearing on the proposed Amended and Restated Urban Renewal Plan, Version 2023.2 for May 1, 2023. RESOLUTION Authorizing and directing the City Manager to prepare an Amended and Restated Urban Renewal Plan, Version 2023.2 for the Greater Downtown Urban Renewal District and setting the date for a public hearing and consultation 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 May 1, 2023 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. Equity and Human Rights Commission Three, 3-Year terms through January 1, 2026 (Expired terms of Dixon, Durnin, and Kurczek) One, 3-Year term through January 1, 2024 (Vacant term of Branch) Applicants: Pamela Birch, 1550 Butterfields Dr. Jake Kurczek, 1110 Victoria PI. Kristen Leffler, 159 Julien Dubuque Dr. Lauren Link, 535 West 5th St. Candace Raymond, 1155 Tressa St. Enoc Sanchez, 2130 Morningview Rd. Theresa Sampson Browm, 2285 Clydesdale Crt. Nina Streauslin, 3904 Cora Dr. Page 6 This commission is subject to the State of Iowa Gender Balance Law, §69.16A. 9 Commissioners total, currently 1 male/3 females/ 5 openings *Openings were advertised for 90 days while non -female identifying applicants were sought in adherence with Iowa Code 69.16A Gender Balance. *One additional 3-Year term through January 1, 2024 (Vacant term of Evans) will be presented for applicant review at the May 1, 2023 City Council meeting. This term is being advertised for 90 days while non -female identifying applicants are sought in adherence with Iowa Code 69.16A Gender Balance. Park and Recreation Advisory Commission One, 3-Year term through June 30, 2025 (Vacant term of Wood) Applicants: Shirley Snow, 779 University Ave. Jason Henkel, 1888 Saint Joseph St. 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. Submission of Annual Public Housing Agency (PHA) Plan — Federal Fiscal Year 2023 (PHA Fiscal Year 2024) Annual Plan Proof of publication on notice of public hearing to consider City Council approval to submit the Federal Fiscal Year 2023 Annual PHA Plan along with the Certification for Consistency with the Consolidated Plan, and City Manager recommending approval. RESOLUTION Authorizing the Mayor to execute the Certification by State or Local Office of Public Housing Agency (PHA) Plan's Consistency with the Consolidated Plan and approval of the PHA Fiscal Year 2024 Annual Plan Suggested Disposition: Receive and File; Adopt Resolution(s) 2. Resolution of Approval for the Proposed Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, Version 2023.1 Proof of publication on notice of public hearing to consider City Council adopt a resolution approving the Amended and Restated Urban Renewal Plan, Version 2023.1 for the Greater Downtown Urban Renewal District, and City Manager recommending approval. RESOLUTION Approving the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, Version 2023.1 Suggested Disposition: Receive and File; Adopt Resolution(s) 3. Public Hearing for Sale of City -Owned Property at 612 Lincoln Avenue Proof of publication on notice of public hearing to consider City Council approval of a resolution disposing of City -owned real property located at 612 Lincoln Avenue and authorizing the Mayor to execute the purchase agreement as presented, and City Manager recommending approval. RESOLUTION Disposing of city interest in real property at 612 Lincoln, in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Page 7 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. Subdivision Development Agreement for a Portion of Asbury Plaza Subdivision along Plaza Drive to be known as Asbury Plaza No. 22 City Manager recommending City Council approval of the Subdivision Development Agreement with Talon, LLC, a South Dakota Limited Liability Company, d/b/a Talon Development (Developer); Eagle Construction, Inc., a South Dakota Corporation (Contractor), and Fox Hills Apartments, LLC, a South Dakota Limited Liability Company (Owner) for construction of public improvements along a portion of Plaza Drive in the City of Dubuque, to be known as Asbury Plaza No. 22, in the City of Dubuque, through the adoption of the enclosed resolution. RESOLUTION Approving a Subdivision Development Agreement for a portion of Asbury Plaza by and among the City of Dubuque, Iowa, Talon Development, LLC, Eagle Construction, Inc., and Fox Hills Apartments, LLC Suggested Disposition: Receive and File; Adopt Resolution(s) 2. Work Session Request: Flock Safety Automated License Plate Reader Presentation City Manager requesting City Council schedule a work session at 5:15 p.m. on Monday, May 15, 2023. Representatives from Flock Safety and the Dubuque Police Department will present information on the proposed Automated License Plate Reader (APLR) system. Suggested Disposition: Receive and File; Council 3. Rightsize Your Trash Cart Video Media Services will show a video on rightsizing your trash cart that was launched in advance of the citywide deployment of 35-gallon carts in early April. The video was produced by Media Services staff in the Public Information Office and can be viewed at: https://youtu.be/-8VuB3EjyGk 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 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. Page 8 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. Page 9