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11 6 23 Agenda - Special and RegularROLL CALL ORDER FOR MEETING OF November 6, 2023 Farber, Jones, Cavanagh, Resnick, Wethal, Roussell, 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 ww.cityofdubuque.org/media, and streamed live on the City's Facebook page at irvv.iott;uvvK.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 :tyclerk@cityofdubuque.o 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. • +ww CitvnfrT••�••nua nrg/�/irtalMaatir • 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,vww.cityofdubuque.org/councilcontacts • Through the City Clerk's Office email at ctyclerk@cityofdubuque.org O CITYOF DUBUQUE, IOWA [. {r CITY COUNCIL MEETING Historic Federal Building: 350 W. 6th Street - p Second -Floor Council Chambers. Virtual participation options are also available. Please see the information above for options. November 6, 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 5:15 PM - Developer's Roundtable Update Page 1 City of Dubuque and Greater Dubuque Development Corporation staff will provide an update on the Developer's Roundtable. REGULAR SESSION 6:30 PM PLEDGE OF ALLEGIANCE PROCLAMATION(S) Hospice and Palliative Care Month (November 2023) On behalf of Hospice of Dubuque. 2. National Apprenticeship Week (November 13-19, 2023) On behalf of the Dubuque Building and Construction Trades Council. 3. Pancreatic Cancer Awareness Day (November 16, 2023) On behalf of the Michael W. Oglesby Foundation. 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 Arts and Cultural Affairs Commission of 9/26/23; City Council Proceedings of 10/16/23; Library Board of Trustees Update of 9/28/23; Zoning Board of Adjustment of 9/28/23. Suggested Disposition: Receive and File 2. Notice of Claims and Suits Arius Burns and Hayle Johnson for property damage; Laufenberg and Larson Properties LLC for property damage; Smokestack - Susan Price 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: Laufenberg and Larsen Properties for property damage; Mercy One Medical Center for property damage; Smokestack Susan Price for property damage. Suggested Disposition: Receive and File; Concur 4. Appeal of Claim by James Hauber Senior Counsel recommending denial of an appeal of a claim against the City filed by James Hauber for property damage. Suggested Disposition: Receive and File; Concur 5. Approval of City Expenditures 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 Page 2 Suggested Disposition: Receive and File; Adopt Resolution(s) 6. IEDA Contract 18-TC-038 Assignment, Medline Industries, Inc. Corporate Reorganization City Manager recommending City Council adopt the resolution, approving the Third Amendment to Contract 18-TC-038 by and among Medline Industries, Inc., MIRE DIA, LLC, the City of Dubuque, and the Iowa Economic Development Authority. RESOLUTION Approving the Third Amendment to the Economic Development Financial Assistance Contract by and among Medline Industries, Inc., MIRE DIA, LLC, the City of Dubuque, Iowa, and the Iowa Economic Development Authority Suggested Disposition: Receive and File; Adopt Resolution(s) 7. 2023 — Q4 Update on Childcare Challenges and Collaborations City Manager sharing a quarterly update on the status of collaboration efforts among partners in Dubuque to address a need for sufficient quality, affordable childcare options in the community. Suggested Disposition: Receive and File 8. Approving a Sixth Amendment to Development Agreement Between the City of Dubuque and Port of Dubuque LLC City Manager recommending City Council adopt the attached resolution approving the Sixth Amendment to Development Agreement Between the City of Dubuque and Port of Dubuque LLC. RESOLUTION Approving the Sixth Amendment to Development Agreement between the City of Dubuque, Iowa and Port of Dubuque LLC Suggested Disposition: Receive and File; Adopt Resolution(s) 9. Development Agreement between the City of Dubuque and Merge, LLC: Resolution Approving the Reservation of Easements by the City of Dubuque, Iowa City Manager recommending City Council adopt a resolution approving the Reservation of Easements by the City of Dubuque, Iowa. RESOLUTION Approving the Reservation of Easements by the City of Dubuque, Iowa in connection with a Development Agreement between the City of Dubuque and Merge, LLC Suggested Disposition: Receive and File; Adopt Resolution(s) 10. First Amendment to Purchase Agreement and Development Agreement between the City of Dubuque and Union at the Marina, LP City Manager recommending City Council approve the First Amendment to the Purchase Agreement and Development Agreement dated October 16, 2023 (the "Agreement"), to amend the Agreement to incorporate the legal description for the sale of approximately 5.25 acres of real property located in the City of Dubuque, Iowa, as set forth in the attached First Amendment. RESOLUTION Approving the First Amendment to Purchase Agreement and Development Agreement between the City of Dubuque and Union at the Marina, LP Suggested Disposition: Receive and File; Adopt Resolution(s) 11. Contracted Services Agreement - Crescent Community Health Center City Manager recommending City Council approve the Contracted Services Agreement with Crescent Community Health Center for Fiscal Year 2024 and authorize the Mayor to execute the contract on behalf of the City. Suggested Disposition: Receive and File; Approve 12. Purchase Agreement Approval for Purchase of Dubuque County Owned Parcel, Page 3 1119358006 City Manager recommending City Council approve the acquisition of real property owned by Dubuque County, Iowa by the City of Dubuque and approve any other related steps necessary to carry out the terms of the Offer through the adoption of the enclosed resolution. RESOLUTION Approving an offer to buy real estate and acceptance for the purchase by the City of Dubuque, Iowa of real property owned by Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 13. Kwik Trip, Inc. Property Right of Way Plat and Dedication —Roundabout Improvements Project at the Intersection of Kerper Boulevard and Kerper Court City Manager recommending City Council approve the Acquisition Plat of Lot 2A of Kerper Industrial Park No. 2, in the City of Dubuque, Iowa, which provides additional right of way needed for the roundabout improvements at the intersection of Kerper Boulevard and Kerper Court by the adoption of the attached resolution. RESOLUTION Approving the Acquisition Plat of Lot 2A of Kerper Industrial Park No. 2, in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 14. Acceptance of Grants of Easement for Sanitary Sewer Utility over Jon D. Luckstead Property in Tamarack Business Park, Dubuque, Iowa Tamarack Sanitary Sewer Extension Project City Manager recommending City Council adopt a resolution accepting the three Grants of Easement for Sanitary Sewer Utility across Jon D. Luckstead property being part of Tamarack Subdivision and the Southeast Quarter of Section 14, Township 88 North, Range 2 East of the 5th P.M. in Dubuque County, Iowa as part of the Tamarack Sanitary Sewer Extension Project. RESOLUTION Accepting Grants of Easement for Sanitary Sewer Utility through, over and across parts of Tamarack Subdivision and parts of the Southeast Quarter of Section 14, Township 88 North, Range 2 East of the 5th p.m., in Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 15. Force Main Stabilization Project, Amendment No. 1 to Agreement with the U.S. Department of the Army/U.S. Army Corps of Engineers City Manager recommending City Council approval to amend the agreement with the U. S. Department of the Army for the U. S. Army Corps of Engineers (USACE) to include the design and repair of sanitary sewer force main joints as part of the Force Main Stabilization Project and give authorization to the Mayor to execute Amendment No. 1. RESOLUTION Authorizing the execution of Amendment No. 1 to Agreement with the Department of the Army to collaborate on stabilization and protection of the force main along the Mississippi River Suggested Disposition: Receive and File; Adopt Resolution(s) 16. Signed Contract(s) Professional Services Agreement with W HKS & Co. for the Eagle Valley, Westbrook, & English Ridge Subdivision Park Design, Development, and Construction Management Services. Suggested Disposition: Receive and File 17. Improvement Contracts / Performance, Payment and Maintenance Bonds Midwest Concrete, Inc. for the US HWY 20 & Devon Dr. Frontage Road Closure; Tschiggfrie Excavating Co. for the Althauser St. Retaining Wall Repair Project; Tschiggfrie Excavating Co. for the Maus Park Lake Pump Station Culvert Repair. Suggested Disposition: Receive and File; Approve Page 4 18. Community Development Block Grant (CDBG) Subrecipient Agreement — Four Mounds Foundation Build Dubuque Vocational Training City Manager recommending City Council approve the attached CDBG Subrecipient Agreement with Four Mounds Foundation with a project budget of $85,000, and authorize the Mayor to execute the agreement on behalf of the City. RESOLUTION Authorizing execution of CDBG Subrecipient Agreement with Four Mounds Foundation Suggested Disposition: Receive and File; Adopt Resolution(s) 19. Pre -annexation Agreement —Andrew & Samantha Schumacher City Manager recommending City Council approve the Andrew & Samantha Schumacher pre -annexation agreement and authorize the Mayor to sign the agreement on behalf of the City of Dubuque. RESOLUTION Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Andrew L. and Samantha L. Schumacher Suggested Disposition: Receive and File; Adopt Resolution(s) 20. Shared Administrative Support Between Information Technology, Office of Equity and Humans Rights, and Office of Shared Prosperity and Neighborhood Support City Manager recommending City Council approval of an increase in the full-time equivalents of .34 at the additional cost of $41,814 to make an existing part-time administrative position (.66FTE, GE-25) into a full- time position (1.00FTE, GE-25) for administrative support to be shared between these three departments: Information Technology, Office of Equity and Human Rights, and Office of Shared Prosperity and Neighborhood Support. Suggested Disposition: Receive and File; Approve 21. Hiring of a Full Time Transportation Services Laborer Position City Manager recommending City Council approval of creation of a full-time Transportation Services Laborer and elimination of a current part-time Intermodal Laborer (.28 FTE) and a part-time Ramp Custodian (.27 FTE). Suggested Disposition: Receive and File; Approve 22. Yahoo Finance Article Naming Dubuque the Second -Most Affordable Iowa City for Seniors City Manager providing a copy of a Yahoo Finance article naming Dubuque the second -most affordable Iowa city for seniors. Suggested Disposition: Receive and File 23. Adoption of Supplement Number 2023 S-12 to the City of Dubuque Code of Ordinances City Clerk recommending City Council approval of the resolution adopting Supplement No. 2023 S-12 as part of the Code of Ordinances of the City of Dubuque. RESOLUTION Adopting Supplement No. 2023 S-12 to the Code of Ordinances of the City of Dubuque, I owa 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. Resolution Setting a Public Hearing on a Proposed First Amendment to Development Agreement by and between the City of Dubuque, Iowa and 799 Main, LLC Providing for the Issuance of Urban Renewal Tax Increment Revenue Grant Obligations Pursuant to the Development Agreement Page 5 City Manager recommending City Council adopt the attached resolution setting a public hearing for November 20, 2023, on a proposed Development Agreement by and between the City of Dubuque, Iowa and 799 Main, LLC providing for the issuance of Urban Renewal Tax Increment Revenue Grant Obligations. RESOLUTION Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on a First Amendment to Development Agreement by and between the City of Dubuque, Iowa and 799 Main, LLC, including the proposed issuance of urban renewal tax increment revenue obligations relating thereto and providing for the publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for November 20, 2023 2. Resolution Setting a Public Hearing on a Proposed Development Agreement between the City of Dubuque, Iowa and Vanguard Enterprises, Inc. for the Issuance of Urban Renewal Tax Increment Revenue Grant Obligations Pursuant to the Development Agreement City Manager recommending City Council adopt the attached resolution setting a public hearing for November 20, 2023, on a proposed Development Agreement between the City of Dubuque, Iowa and Vanguard Enterprises, Inc. providing for the issuance of Urban Renewal Tax Increment Revenue Grant Obligations. RESOLUTION Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on the proposed Development Agreement between the City of Dubuque and Vanguard Enterprises, Inc., including the proposed issuance of urban renewal tax increment revenue grant obligations to Vanguard Enterprises, Inc., and providing for the publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for November 20, 2023 3. Resolution Setting a Public Hearing on a Proposed Lease Agreement by and Between the City of Dubuque, Iowa and the Dubuque Arboretum Association, Inc. City Manager recommending City Council adopt the attached resolution setting a public hearing for November 20th, 2023, on a proposed lease agreement between the City of Dubuque, Iowa and the Dubuque Arboretum Association, Inc. RESOLUTION Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on a Lease Agreement by and between the City of Dubuque, Iowa, and Dubuque Arboretum Association, Inc. relating thereto and providing for the publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for November 20, 2023 4. SOO Green HVDC Link ProjectCo, LLC Franchise Agreement Senior Counsel recommending City Council adoption of a resolution setting a public hearing for November 20, 2023, on an Ordinance granting a twenty-five year franchise to SOO Green HVDC Link ProjectCo, LLC (SOO Green or Project) for a transmission system for the transmission of electric energy and communication facilities in the City of Dubuque. RESOLUTION Setting a public hearing on an ordinance granting to Soo Green HVDC Link Projectco, LLC, its successors and assigns, the right and nonexclusive franchise to maintain and operate an electric franchise (transmission system) in the City of Dubuque, Iowa, for a period of 25 years Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for November 20, 2023 5. Resolution Setting a Public Hearing on a Proposed Development Agreement by and among the City of Dubuque, Iowa, 400 Ice Harbor, LLC, and Hodge Company Providing Page 6 for the Sale of City -owned Real Estate to 400 Ice Harbor, LLC and the Issuance of Urban Renewal Tax Increment Revenue Grant Obligations Pursuant to the Development Agreement City Manager recommending City Council adopt the attached resolution providing for competitive bidding procedures for this Development Agreement setting a public hearing for December 18, 2023 on a proposed Development Agreement by and among the City of Dubuque, Iowa, 400 Ice Harbor, LLC, and Hodge Company Providing for the Sale of City - owned Real Estate to 400 Ice Harbor, LLC and the City of Dubuque providing for the sale of City -owned real estate in Greater Downtown Urban Renewal District to 400 Ice Harbor, LLC and the issuance of Urban Renewal Tax Increment Revenue Grant Obligations. RESOLUTION (1) Approving the minimum requirements, competitive criteria, and offering procedures for the development and the sale of certain real property and improvements in the Greater Downtown Urban Renewal District; (2) determining that the offer to purchase submitted by 400 Ice Harbor, LLC satisfies the offering requirements with respect to the real property and improvements and declaring the intent of the City Council to approve the sale to 400 Ice Harbor, LLC in the event that no competing proposals are submitted; and (3) soliciting competing proposals Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for December 18, 2023 BOARDS/COMMISSIONS 1. Boards and Commission Appointments Appointments to the following commissions to be made at this meeting. Investment Oversight Advisory Commission One, 3-Year Term through July 1, 2026 (Vacant Term of Lassance) One, 3 Year term through July 1, 2024 (Vacant Term of Major) Applicants: Daniel Garza, 2110 Rhomberg Ave. Phillip Heim, 911 Tressa St. - Additional Applicant 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. Request to Rezone 1860 Hawthorne Street Proof of publication on notice of public hearing to consider a request from Derek Hays, The Annex Group, to rezone the property located at 1860 Hawthorne Street, from CR Commercial Recreational to Planned Unit Development with PR- Planned Residential designation, and Zoning Advisory Commission recommending approval. This public hearing must be replicated due to a publication error in the notice of the initial public hearing. ORDINANCE Amending Title 16 of the Unified Development Code of the City of Dubuque Code of Ordinances by reclassifying the hereinafter described property located along Hawthorne Street and Kerper Boulevard within the City of Dubuque from CR Commercial Recreation to Planned Unit Development with PR -Planned Residential Designation Suggested Disposition: Receive and File; Motion B; Motion A 2. Second Amendment to Grant Agreement with Virtual Velocity, LLC for the Rehabilitation of 1199 Central Avenue Proof of publication on notice of public hearing to consider City Council adoption of a resolution approving a Second Amendment to Grant Agreement including the issuance of 15- Page 7 years of tax increment financing for the project with Virtual Velocity, LLC, and City Manager recommending approval. RESOLUTION Approving a Second Amendment to Grant Agreement by and between the City of Dubuque, Iowa and Virtual Velocity, LLC, including the proposed issuance of urban renewal tax increment revenue obligations relating thereto, and providing for the publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution(s) 3. Public Hearing - Purchase Agreement Approval for Partial Sale of Hendricks Site Property to Dubuque County and City Purchase of Dubuque County Owned Parking Lot Proof of publication on notice of public hearing to consider City Council adoption of a resolution to dispose of the described interest in real property by deed to Dubuque County, Iowa and approve the acquisition of real property owned by Dubuque County, Iowa by the City of Dubuque and approve any other related steps necessary to carry out the terms of the Offer through the adoption of the enclosed resolution, and City Manager recommending approval. RESOLUTION Disposing of City interest in real property by deed to Dubuque County, Iowa and approving the acquisition real property owned by Dubuque County, Iowa by the City of Dubuque 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. Private and Publicly Owned Distribution System Water Main Pipe Materials City Manager recommending City Council approval of the continued use of poly -vinyl chloride (PVC) and ductile iron pipe (DIP) for public drinking water mains privately or publicly owned - and -operated in the City of Dubuque, or as extended, with the intent to be connected to the City of Dubuque's water distribution system; and that the City of Dubuque continue to use the SUDAS Specification and Design Manual for water mains, adopted by City Council resolution 211-23 on July 5, 2023, as a uniform standard for design and installation; and suspend use of the Division 5 of the City of Dubuque SUDAS Supplemental standards as it pertains to Water Main materials specifically until such time as a formal review is conducted. Suggested Disposition: Receive and File; Approve 2. Locations of Utilities within the Right of Way City Manager sharing information relating to engineering design standards for the placement of utilities within the public right-of-way (ROW) as outlined in the Iowa State Urban Design and Specifications (SUDAS) program. Suggested Disposition: Receive and File 3. Funding Affordable Connectivity Program (ACP) Website City Manager recommending City Council approve the funding to support the Affordable Page 8 Connectivity Program (ACP) website and hosting services, including analytics through December of 2024 in the amount of $145,544.26. Suggested Disposition: Receive and File; Approve 4. City Focus Magazine - Fall 2023 Issue City Manager providing a copy of the Fall 2023 issue of the City Focus Magazine. Suggested Disposition: Receive and File 5. Contacting City Council and City Staff Handouts City Manager providing a copy of handouts detailing the contact information for City Council and City staff. Suggested Disposition: Receive and File 6. Updated "New Housing Units Approved and/or Under Review" Handout City Manager providing a copy of the updated "New Housing Units Approved and/or Under Review Handout. Suggested Disposition: Receive and File 7. 2023-2025 City Council Goals & Priorities Brochure City Manager providing a copy of the 2023-2025 City Council Goals & Priorities Brochure. Suggested Disposition: Receive and File 8. Work Session Request: Waste Minimization Annual Report Presentation City Manager requesting City Council schedule a work session on Monday, December 18, 2023, at 5:30 p.m. for a presentation on the annual report update on waste minimization efforts utilizing fiscal year 2022 as a benchmark. Suggested Disposition: Receive and File; Council 9. Work Session Request: Carnegie -Stout Public Library Space Needs Assessment City Manager recommending City Council schedule a work session for 5:30 p.m. on Tuesday, January 16, 2024, to learn about the current and future space and facilities assessment for the Carnegie -Stout Public Library prepared by FEH Design. Suggested Disposition: Receive and File; Council 10. Dubuque County Economic Development Update Video Media Services will show a video update on the variety of economic development projects currently underway in Dubuque County. The video can be viewed at: hops://youtu.be/NUsRtV8O1BA?si=hg-uJWCuwkBeiNSN Suggested Disposition: Receive and File; Video COUNCIL MEMBER REPORTS CLOSED SESSION Pending Litigation and Purchase or Sale of Real Estate — Chapter 21.5(1)(c),(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 Page 9 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 as soon as feasible at (563) 589-4100, ctyclerk@cityofdubuque.org . Deaf or hard -of -hearing individuals can use Relay Iowa by dialing 711 or (800) 735-2942. Page 10