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04 17 23 AgendaR O LL C AL L O R D E R F O R ME E TIN G O F April 17, 2023 S prank, Jones, R oussell, R esnick, Farber, Cavanagh, W ethal Viewing and Participation O ptions The public has the option to view and participate in the meeting in City C ouncil Chambers or vir tually. The meeting will be aired live on CityChannel Dubuque (Mediacom cable channels 8 and 117.2), str eamed live and archived on the City’s website a t w ww.city ofdubuque .org/m e dia, and streamed live 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 during the appr opriate section. 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. April 17, 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 R E G U L AR S E S S IO N Page 1 6:30 P M P LED G E O F ALL E G IAN C E P R E S E N TAT IO N(S) 1.Pr esentation of the Iowa Park and R ecreation Association Claude Ahr ens C ommunity Service Awar d to P ar k and Recr eation C ommission member Jennifer Tigges C ity staff will rec ognize Park and Recreation Commission member J ennifer Tigges for receiving the I owa Park and Recreation Association C laude Ahrens C ommunity Servic e Award. 2.C O V ID -19 U pdate Public Health D irec tor Mary Rose Corrigan will provide an after action report on the C OV I D-19 pandemic and response activities. First report given on March 16, 2020, last report given on this day, A pril 17, 2023. P R O C L AMATIO N (S ) 1.Ar bor Day (April 28, 2023) On behalf of Dubuque Trees Forever. 2.N o Mow May (May 2023) On behalf of No Mow May Dubuque. 3.B uilding Safety Month (May 2023) On behalf of the Housing and Community Development D epartment. 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 Building C ode Advisory and Appeals Board of 3/2/23; City C ounc il P roc eedings of 4/3/23; Resilient C ommunity A dvisory C ommission of 4/6/23; Parks and Recreation Commission of 3/21/23; Zoning B oard of Adjustment of 3/23/23; Zoning A dvisory C ommission of 04/05/23; Proof of P ublic ation for C ity Council Proceedings of 3/20/23, 3/21/23, 3/22/23, and 3/23/23. Suggested D isposition: R eceive and File 2.Appr oval of C ity E xpenditures C ity Manager rec ommending C ity Council approval for payment of City expenditures. R E S O L U T IO N A uthorizing the C hief Financial Offic er/City Treasurer to make c ertain payments of bills that must be paid and approved for pay ment in ac cordanc e with C ity procedures Suggested D isposition: R eceive and File; Adopt R esolution(s) 3.Sustainable Dubuque Gr ant Recommendations C ity Manager rec ommending C ity Council approval of the Resilient Community Advisory Commission recommendations for funding seven projects from the Sustainable D ubuque C ommunity Grant Program Round 27 at a total funding amount of $12,650.00. R E S O L U T IO N Awarding S ustainable Dubuque Grant to Centrally Rooted Mission, I nc Page 2 R E S O L U T IO N Awarding S ustainable Dubuque Grant to Convivium Urban Farmstead R E S O L U T IO N Awarding S ustainable Dubuque Grant to the Four Mounds Foundation R E S O L U T IO N Awarding S ustainable Dubuque Grant to the Nova Elite Youth B asketball R E S O L U T IO N Awarding S ustainable Dubuque Grant to S t. Mark Youth E nric hment R E S O L U T IO N Awarding S ustainable Dubuque Grant to the Tri-S tate C hristian S chool R E S O L U T IO N Awarding S ustainable Dubuque Grant to the Valentine P ark Community Garden Suggested D isposition: R eceive and File; Adopt R esolution(s) 4.R ecommendation to Reallocate N ational Endowment of the Ar ts American Rescue P lan Act Funds fr om U nder utilized B udgeted Line Items to Supplement the Cr eative Empower ment S ubgrant Pr ogram C ity Manager rec ommending C ity Council approval to reallocate $12,000 from underutilized budget line item costs to raise the available funding amount from $15,000 to $27,000 to assist in addressing the gap in eligible requests received through Round 1 and projec ted asks in Round 2 of the National E ndowment for the Arts Loc al A rts A genc y Creative E mpowerment subgrant program administered through the Offic e of Arts and Cultural A ffairs. Suggested D isposition: R eceive and File; Approve 5.N ational League of Cities City Inclusive Entr epr eneurship $15,000 Implementation G rant Award Update C ity Manager sharing information on the National League of Cities’ (NLC) “City I nclusive Entrepreneurship” program that City staff are participating in this fisc al y ear, and an update on a $15,000 grant available through the program. Suggested D isposition: R eceive and File 6.2021 Traffic Deaths Article C ity Manager providing a c opy of an Associated Press article on increased traffic deaths in 2021 resulting from distrac tion, speeding, and alcohol. Suggested D isposition: R eceive and File 7.Appr oval of Pr econstr uction Agr eement for South G randview U S 61-151 Br idge R eplacement C ity Manager rec ommending C ity Council adopt a resolution authorizing the Mayor to execute a Loc al Public Agency (C ity) P rec onstruc tion A greement (No. 2023-12-047) with the I owa Department of Transportation (I owa D OT) for the South Grandview Bridge over US Highway 61-151 B ridge Replac ement Project. R E S O L U T IO N Approving a P rec onstruc tion A greement (No. 2023-12-047) with the I owa Department of Transportation for the S outh Grandview B ridge Over US Highway 61-151 Bridge Replac ement Project Suggested D isposition: R eceive and File; Adopt R esolution(s) 8.Acceptance of Nor th C ascade Road R econstr uction P roject C ity Manager rec ommending C ity Council adopt the resolution ac cepting the Public I mprovement C onstruc tion C ontrac t and to authorize the payment of the c ontrac t amount of $1,617,366.68 to Top Grade Excavating, I nc . for the North C asc ade Road Rec onstruc tion Project, Phase 1 from the bridge over C atfish Creek to E dval Lane, I owa D OT P rojec t No. S TB G-S W A P -2100 (669)--S G-31. R E S O L U T IO N Ac cepting the North Cascade Road Reconstruction P rojec t, P hase 1 from the bridge over C atfish Creek to E dval Lane, I owa D OT P rojec t No. S TB G-S W A P -2100 (669)--S G-31 and Page 3 authorizing the final payment to the contractor Suggested D isposition: R eceive and File; Adopt R esolution(s) 9.Appr oval of Plat of Sur vey Lot 1 & Lot 2 of B oys and Gir ls Club P lace, 1299 Locust Str eet and 1257 Locust S treet Zoning Advisory Commission recommending City C ounc il approval of a simple subdivision with a waiver of bulk regulations at 1299 Loc ust S treet and 1257 Loc ust S treet to allow a 0’ side y ard setback where a minimum 3’ side y ard setback is required in an OR-Office Residential zoning district. R E S O L U T IO N Approving the Plat of Survey of: Lot 1 & Lot 2 of Boys and Girls C lub P lace in the City of D ubuque, I owa Suggested D isposition: R eceive and File; Adopt R esolution(s) 10.Appr oval of Final P lat of Valentine Place N o. 4 Zoning Advisory Commission recommending City C ounc il approval of the Final Plat of Valentine P lace No. 4, loc ated at 11429 Edval Lane, Dubuque County, IA. R E S O L U T IO N Approving the Final P lat of Valentine Plac e No. 4, in the c ity of D ubuque and in D ubuque C ounty, I owa. Suggested D isposition: R eceive and File; Adopt R esolution(s) 11.Pr e-Annexation Agreement - 10400 Timothy Str eet, Dubuque C ounty with G ar y F. and Ann M. Kluesner C ity Manager rec ommending C ity Council approval of a P re-Annexation A greement with Gary F. and A nn M. Kluesner property owner, of Lot 3, I n “Twin Ridge S ubdivision No. 2”, I n Table Mound Township, D ubuque C ounty, I owa, ac cording to the Plat Rec orded as I nstrument No. 7519-75, Rec ords of Dubuque C ounty, I owa known as 10400 Timothy S treet, and authorize the Mayor to sign the agreement on behalf of the City of Dubuque. R E S O L U T IO N Approving a P re-Annexation A greement between the C ity of D ubuque, I owa and Gary F. and A nn M. Kluesner Suggested D isposition: R eceive and File; Adopt R esolution(s) 12.Signed C ontracts for 812 G ar field and 514 Angella Pr ojects C ity Manager rec ommending C ity Council approve and file the signed contracts for 821 Garfield and 514 Angella, whic h are c urrently under c onstruc tion by the Four Mound HE A RT programs. Approval will authorize pay ments to Four Mounds on a weekly basis. Suggested D isposition: R eceive and File; Approve 13.Signed C ontract(s) Lease A greement with Dubuque W ater S ports C lub for a section of Miller Riverview Park. Suggested D isposition: R eceive and File 14.First Amendment to Development Agr eement by and between the C ity of Dubuque, Iowa and Switch Development, LL C . C ity Manager rec ommending C ity Council adopt a resolution approving the First Amendment to a D evelopment Agreement by and between the C ity of D ubuque, I owa and S witc h Development L L C ., revising the C losing D ate to take plac e J une 30, 2023, and also set a new deadline of J une 30, 2023, for funding the Esc row A greement for the intersection improvements required by the D evelopment Agreement. R E S O L U T IO N Approving the First A mendment to Development A greement by and between the City of D ubuque, I owa and S witc h Development, LLC Suggested D isposition: R eceive and File; Adopt R esolution(s) Page 4 15.Appr oval of R etail Alcohol Licenses C ity Manager rec ommending C ity Council approval of retail alcohol lic enses as submitted. R E S O L U T IO N Approving applications for retail alcohol lic enses, as required by City of Dubuque Code of Ordinanc es Title 4 B usiness and License Regulations, Chapter 2 Liquor Control, A rticle B Liquor, Beer and W ine Licenses and Permits Suggested D isposition: R eceive and File; Adopt R esolution(s) 16.R esolution Approving the C onsent to Assignment and Assumption Agreement B etween the H otel Dubuque L.L.C ., and N ovelty Ir on Landlor d, L LC and Appr oving the E ight Amendment to D evelopment Agreement B etween and among the C ity of Dubuque, Iowa, The Hotel D ubuque L.L.C., and Novelty Iron Landlord, LL C C ity Manager rec ommending C ity Council adopt a resolution approving the Assignment and A ssumption of C ontrac t Rights and Obligations between the Hotel Dubuque L.L.C., and Novelty I ron Landlord LLC and approves the attac hed E ighth Amendment to D evelopment Agreement between and among the City of D ubuque, I owa, The Hotel Dubuque L.L.C., and Novelty I ron Landlord LLC. R E S O L U T IO N Approving the C onsent to A ssignment and Assumption A greement between the Hotel D ubuque L.L.C ., and Novelty I ron Landlord L L C and approving the E ighth Amendment to D evelopment Agreement between and among the City of Dubuque, I owa, the Hotel D ubuque L.L.C ., and Novelty I ron Landlord LLC Suggested D isposition: R eceive and File; Adopt R esolution(s) 17.Final P lat of Asbury Plaza N o. 22 C ity Manager rec ommending C ity Council approval of the resolution for the Final Plat of A sbury P laza No 22 as it is in complianc e with the City of Dubuque’s Unified D evelopment Code and the I magine Dubuque C omprehensive P lan. R E S O L U T IO N Authorizing approval of the Final P lat of Asbury Plaza No. 22, in the C ity of D ubuque, I owa Suggested D isposition: R eceive and File; Adopt R esolution(s) IT E MS S E T F O R P U B LIC H E AR IN G These agenda items ar e being scheduled for a futur e public hearing on the date indicated. 1.R esolution Setting a Public H earing on the Pr oposed First Amendment to Development Agr eement by and between the C ity of Dubuque and Seippel W arehouse, L LC providing for the Issuance of U rban R enewal Tax Incr ement R evenue Gr ant O bligations Pur suant to the Development Agr eement C ity Manager rec ommending C ity Council adopt the attac hed resolution setting a public hearing for May 1, 2023 on the proposed First Amendment to D evelopment Agreement by and between the City of Dubuque and S eippel W arehouse, L L C (D eveloper) providing for the issuance of Urban Renewal Tax I ncrement Revenue Grant Obligations. R E S O L U T IO N S etting a public hearing on the First Amendment to D evelopment Agreement between the C ity of D ubuque, I owa and S eippel W arehouse, L L C Suggested D isposition: R eceive and File; Adopt R esolution(s), Set Public H earing for May 1, 2023 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. Page 5 Equity and H uman Rights C ommission Three, 3-Year terms through J anuary 1, 2026 (Expired terms of Dixon, Durnin, and K urc zek) One, 3-Year term through J anuary 1, 2024 (Vacant term of B ranch) Applicants: Pamela Birc h, 1550 B utterfields Mic haela Freiburger, 1718 Diane C rt. A dditional A pplic ant J ake K urc zek, 1110 Vic toria Pl. Kristen Leffler, 159 J ulien D ubuque D r. Lauren Link, 535 W est 5th St. C andace Raymond, 1155 Tressa St. Enoc Sanc hez, 2130 Morningview Rd. Theresa S ampson B rown, 2285 Clydesdale Crt. Nina S treauslin, 3904 Cora Dr. Matt Zanger, 261 S outhgate D r. A dditional A pplic ant This commission is subject to the State of I owa 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 I owa Code 69.16A Gender Balance. *One additional 3-Year term through J anuary 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 I owa Code 69.16A Gender Balance. Park and R ecreation Advisor y Commission One, 3-Year term through J une 30, 2025 (Vac ant term of W ood) Applicants: J ason Henkel, 1888 S aint J oseph S t. Eric son Hilbun, 1430 Oeth Crt. Additional Applicant Shirley S now, 779 University Ave. 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.Voluntary Annexation Request - John and D iane B rehm (pr oper ty owners) and Seippel W ar ehouse L LC (applicant and futur e property owner ) Proof of P ublic ation on notic e of public hearing to c onsider approving an application for voluntary annexation of territory to the City of Dubuque, I owa and C ity Manager rec ommending approval. R E S O L U T IO N Approving an A pplic ation for Voluntary A nnexation of Territory to the City of D ubuque, I owa Suggested D isposition: R eceive and File; Adopt R esolution(s) 2.R equest to R ez one Br ehm Acres Proof of publication on notice of public hearing to consider a request from J ohn and D ianne Brehm to rezone B rehm Ac res from A G-A gric ulture to Planned Unit Development with P I - Planned I ndustrial zoning designation, to construct a 250,000 square foot warehouse on the Page 6 subjec t property and Zoning Advisory Commission recommending approval. O R D IN AN C E Amending Title 16 of the C ity of D ubuque C ode of Ordinances Unified D evelopment Code by resc inding Ordinance No. 2-13 which established regulations for a P UD Planned Unit Development with a P I Planned I ndustrial Designation and adopting an amended P UD Ordinance that expands the distric t by inc orporating an additional parcel of land Suggested D isposition: R eceive and File; Motion B; Motion A 3.R equest to R ez one 1061 C edar Cr oss R oad Proof of publication on notice of public hearing to consider a request from Nemmers Cedar Ridge Farm Limited Partnership to rezone property at 1061 C edar Cross Road, from C S C ommercial S ervice and W holesale to C -3 General C ommercial, and Zoning Advisory C ommission rec ommending approval. O R D IN AN C E Amending Title 16 of the C ity of D ubuque C ode of Ordinances, Unified D evelopment Code, by reclassifying hereinafter described property loc ated at 1061 C edar C ross Road from C S Commerc ial Servic e and W holesale Distric t to C -3 General C ommercial D istrict Suggested D isposition: R eceive and File; Motion B; Motion A 4.R equest to R ez one 900 Alta Vista Str eet Proof of publication on notice of public hearing to consider City C ounc il approval of a request from A ffordable Housing Network I nc . to rezone property loc ated at 900 Alta Vista Street from I D I nstitutional Distric t to OR Office Residential Distric t, and Zoning A dvisory C ommission recommending approval. O R D IN AN C E Amending Title 16 of the C ity of D ubuque C ode of Ordinances, Unified D evelopment Code, by reclassifying hereinafter described property loc ated at 900 Alta Vista Street from I D I nstitutional D istrict to OR Offic e Residential D istrict Suggested D isposition: R eceive and File; Motion B; Motion A 5.R equest to R ez one 1301 C entr al Avenue Proof of publication on notice of public hearing to consider approval of a request from S cott Kwiencinski to rezone property located at 1301 Central Avenue from C-4 D owntown C ommercial to OR Offic e Residential to allow for residential uses on the first floor, and Zoning Advisory Commission recommending approval. O R D IN AN C E Amending Title 16 of the C ity of D ubuque C ode of Ordinances, Unified D evelopment Code, by reclassifying hereinafter described parc el of land loc ated along Central Avenue, Loras B oulevard, W est 13th S treet, and I owa S treet within the city of Dubuque from C -4 Downtown Commerc ial D istrict to OR Offic e Residential D istrict Suggested D isposition: R eceive and File; Motion B; Motion A 6.Pr oceedings for the P ublic Hear ing on the Issuance of N ot to E xceed $6,250,000 Taxable Gener al O bligation Bonds, S er ies 2023A Proof of publication on notice of public hearing to consider City C ounc il approval of the suggested proceedings for the public hearing on the issuance of selling not to exc eed $6,250,000 in Taxable General Obligation B onds, and C ity Manager rec ommending approval. R E S O L U T IO N Taking additional ac tion on proposals to enter into Loan Agreements and c ombining Loan A greements Suggested D isposition: R eceive and File; Adopt R esolution(s) 7.Public H earing for Sale of City-O wned Pr oper ty at 2407 Queen S treet Proof of publication on notice of public hearing to consider City C ounc il hold a public hearing Page 7 and approve the purc hase agreement for 2407 Queen S treet to Melissa Sarazin for the submitted offer of $145,000, and C ity Manager rec ommending approval. R ES OLUTI ON Disposing of city interest in real property at 2407 Queen Street, in the City of Dubuque, Iowa 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. 1.R esolution of Suppor t for P roposed Low Income H ousing P roject – Hor izon D evelopment C ity Manager rec ommending C ity Council approval of a resolution of support for a proposed 30-unit low-income housing projec t by Horizon Development at 1301 Central Avenue. R E S O L U T IO N P roviding a Letter of S upport for a Low-I nc ome Housing Tax Credit P rojec t proposed by Horizon D evelopment Suggested D isposition: R eceive and File; Adopt R esolution(s) 2.R esolution of Suppor t for P roposed Low Income H ousing P roject – G ronen D evelopment C ity Manager rec ommending C ity Council approval of a resolution of support for a proposed rehabilitation of low-inc ome housing at the Henry Stout Apartments, 125 W 9th S treet by Gronen D evelopment. R E S O L U T IO N P roviding a Letter of S upport for a Low-I nc ome Housing Tax Credit P rojec t proposed by Gronen D evelopment Suggested D isposition: R eceive and File; Adopt R esolution(s) 3.2022 Most Dynamic Metros Publication C ity Manager providing a c opy of Heartland Forward's 2022 Most Dy namic Metros publication. Suggested D isposition: R eceive and File 4.Leisure Services Temporary Employee R ecruitment & Hir ing U pdate C ity Manager providing an update on the rec ruitment and hiring of temporary staff with the Leisure Servic es Department. Suggested D isposition: R eceive and File 5.W ork Session R equest: AchieveIt and Imagine D ubuque C ity Manager rec ommending C ity Council sc hedule a work session on Monday, J une 5th, 2023, at 5:30 p.m. at the Historic Federal B uilding for the purpose of hearing a presentation on the Ac hieveI t performance management sy stem and an I magine Dubuque Comprehensive Plan update. Suggested D isposition: R eceive and File; C ouncil Page 8 6.D eliver ing D ubuque: Trash Tipper C ar ts Video Media Services will show the Delivering Dubuque episode featuring trash tipper carts. This video can be viewed at: https://youtu.be/kg3H0hTomoo Suggested Disposition: Receive and File; Video C O U N C IL MEMB E R R EPO R TS C L O S E D S E S S IO N Purchase or Sale of Real Estate – Chapter 21.5(1)(j) Code of Iowa AD J O U R N ME N T The agenda with supporting doc uments may be ac cessed at www.city ofdubuque.org or at the City Clerk's Office, 50 W. 13th Street, during regular business hours. This notice is given pursuant to Chapter 21, C ode of I owa, and applicable loc al regulations of the City of Dubuque, I owa and/or governmental body holding the meeting. W ritten comments regarding the above items may be submitted to the C ity Clerk's Offic e, 50 W . 13th St., Dubuque, I A 52001, before or at said time of meeting. I ndividuals with limited English proficiency, vision, hearing or speech impairments or requiring special assistance should c ontac t the C ity Clerk's Offic e at (563) 589-4100, TD D/TTY (563) 690-6678, ctyclerk@cityofdubuque.org as soon as feasible. D eaf or hard-of-hearing individuals can use Relay I owa by dialing 711 or (800) 735-2942. Page 9