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11 20 23 Agenda - Special and RegularROLL CALL ORDER FOR MEETING OF November 20, 2023 Roussell, Resnick, Wethal, Cavanagh, Sprank, Jones, Farber 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 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 WORK SESSION 5:30 PM - Smart Traffic Routing with Efficient & Effective Traffic System (STREETS) Page 1 Parsons Transportation Group, Inc. will make a presentation on the progress of the Smart Traffic Routing with Efficient and Effective Traffic System (STREETS). REGULAR SESSION 6:30 PM PLEDGE OF ALLEGIANCE PRESENTATION(S) Iowa Storm Water Educational Partnership 2023 Water Warrior of the Year Recognition Former Civil Engineer, now Water & Resource Recovery Center Director, Deron Muehring will be recognized as one of the 2023 Water Warriors of the year by the Iowa Storm Water Educational Partnership. 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 November 6, 2023; Civil Service Commission of November 8, 2023; Library Board of Trustees Update of October 26, 2023; Zoning Advisory Commission of November 1, 2023; Zoning Board of Adjustment of November 2, 2023; Proof of Publication for City Council Proceedings of October 2 and October 16, 2023. Suggested Disposition: Receive and File 2. Notice of Claims and Suits Abigail Handke for vehicle damage; Mary LeGrand and David Smith for property damage; District 20 Supply Co./Dennis Noel for vehicle damage; Donovan Tann 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: Arius Burns and Hayle Johnson for property damage; Abigail Handke for vehicle damage. Suggested Disposition: Receive and File; Concur 4. Approval of City Expenditures City Manager recommending City Council approval for payment of City expenditures. RESOLUTION Authorizing the 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 2023 State of Iowa Annual Financial Report City Manager recommending approval to file the Fiscal Year 2023 State of Iowa Annual Financial Report with the State of Iowa Auditor. Suggested Disposition: Receive and File; Approve Page 2 6. Notice of Application for Older Adult Home Modification Program Grant City Manager recommending City Council approval to submit the Older Adult Home Modification Program Grant application in the amount of $1,250,000 to spend over 36 months and further approval to continue through the negotiation process if selected for each qualifying round. RESOLUTION Authorizing the Housing and Community Development Director to execute an application for the Older Adult Home Modification Grant and authorizing the Housing and Community Development Director and the City Manager to approve the application Suggested Disposition: Receive and File; Adopt Resolution(s) 7. First Amendment to Community Development Block Grant (CDBG) Subrecipient Agreement between the City of Dubuque and Dubuque Community Schools City Manager recommending City Council First Amendment to CDBG Subrecipient Agreement between the City of Dubuque and Dubuque Community Schools. RESOLUTION Authorizing the First Amendment to the CDBG Subrecipient Agreement between the City of Dubuque and Dubuque Community Schools Suggested Disposition: Receive and File; Adopt Resolution(s) 8. Close Out of Agreement 07-EZ-021 for Cottingham & Butler Insurance Services, Inc. City Manager recommending City Council receive and file the documents from the Iowa Economic Development Authority closing out Agreement 07-EZ-021. Suggested Disposition: Receive and File 9. Signed Contract(s) Memorandum of Lease with Respect to Lot 1 of Chaplain Schmitt Island; Memorandum of Lease with Respect to Lots 2 and 3 of Chaplain Schmitt Island; Amendment No. 1 to Professional Services Agreement with W HKS & Co. for the Burlington St. Water Main Improvement Project. Suggested Disposition: Receive and File 10. Nordstrom Property Tax Appeal Stipulation of Settlement Notice Senior Counsel transmitting notice of a stipulation of settlement for a property tax appeal filed by Nordstrom, Parcel No. 1029300009. Suggested Disposition: Receive and File 11. Accepting the Deed to Dubuque County Owned Parcel, 1119358006 City Manager recommending City Council adopt the resolution accepting the Special Warranty Deed from Dubuque County for the County Property on 7th Street, Parcel 1119358006. RESOLUTION Accepting the Deed to Real Property conveyed by Dubuque County, Iowa to the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 12. Plaza 20 Frontage Road - Transfer of Roadway Jurisdiction: Iowa DOT Agreement No. 2024-TJ-002; Iowa DOT Project No. TJ-020-9(281)--2M-31 City Manager recommending City Council adopt a resolution authorizing the Mayor to execute a Transfer of Roadway Jurisdiction (TOJ) Agreement (Agreement No. 2024-TJ-002) with the Iowa Department of Transportation (Iowa DOT) for the acceptance of the Plaza 20 Frontage Road into the City's road network system. RESOLUTION Approving the Transfer of Roadway Jurisdiction Agreement (Agreement No. 2024-TJ- 002) with the Iowa Department of Transportation for the Plaza 20 Frontage Road Page 3 Suggested Disposition: Receive and File; Adopt Resolution(s) 13. Imon Ice Arena - Dehumidification, HVAC, Generator Set System Design Approve Professional Consultant Services Contract City Manager recommending City Council approval of the Professional Consultant Services Contract with Nelson-Rudie & Associates, Inc., of Minneapolis, Minesota, to complete the preliminary and final engineering design for the development of a project for the installation of a new replacement dehumidification system, a new arena HVAC and emergency generator system at the I mon Ice Arena, formerly the Dubuque Ice Arena. RESOLUTION Approving Professional Services Consultant Contract with Nelson-Rudie & Associates, Inc. to complete the preliminary and final engineering design for the development of a project for the installation of a new replacement dehumidification system, a new arena HVAC and emergency generator system at the I mOn Ice Arena Suggested Disposition: Receive and File; Adopt Resolution(s) 14. 2022 Boating Infrastructure Tier 1 Grant - Dredge Dubuque Marina: Approve Iowa Department of Natural Resources Subrecipient Grant Agreement - Iowa DNR Agreement No. 24CRDFBGSCHO-0002; USFWS Agreement No. F23AP03493 City Manager recommending City Council adopt the resolution and authorize the Mayor to execute the Subrecipient Grant Agreement (Agreement No. 24CRDFBGSCHO-0002) with the Iowa Department of Natural Recourses (Iowa DNR) for the 2022 Boating Infrastructure Tier 1 Grant (BIG Tier 1) to assist with funding to perform maintenance dredging at Dubuque Marina. RESOLUTION Approving a 2022 Boating Infrastructure Tier 1 Grant Subrecipient Agreement (Agreement No. 24CRDFBGSCHO-0002) with the Iowa Department of Natural Resources to assist with maintenance dredging at Dubuque Marina Suggested Disposition: Receive and File; Adopt Resolution(s) 15. Funding Agreement Between City and Dubuque Marina, Inc. 2022 Boating Infrastructure Tier 1 Grant - Dredge Dubuque Marina City Manager recommending City Council approve the Funding Agreement between the City and Dubuque Marina, Inc. for the partnership agreement to provide the required local match funding for the 2022 BI G Tier 1 Grant to perform maintenance dredging at Dubuque Marina, and hereby authorize the City Manager to execute said agreement, through adoption of the attached resolution. RESOLUTION Approving the Funding Agreement between the City of Dubuque and Dubuque Marina, Inc. for the 2022 Boating Infrastructure Tier 1 Grant Agreement for maintenance dredging at Dubuque Marina Suggested Disposition: Receive and File; Adopt Resolution(s) 16. RAISE Infrastructure Planning Grant - Engineering Design and NEPA/ Environmental Project Development - Recommend Approval of USDOT Grant Funding Agreement - Iowa DOT Project No. EDP-2100 (705)--7Y-31 City Manager recommending City Council adopt a resolution authorizing the Mayor to execute a Grant Funding Agreement with the U.S. Department of Transportation (USDOT) for the RAISE Infrastructure Planning Grant to complete the Engineering Design and NEPA / Environmental Study Phase to advance development for the project entitled "Building Bridges to Employment and Equity (132E2)". RESOLUTION Approving a Grant Funding Agreement with the U.S. Department of Transportation for a Raise Infrastructure Planning Grant Suggested Disposition: Receive and File; Adopt Resolution(s) 17. RAISE Infrastructure Planning Grant - Engineering Design and NEPA/ Environmental Project Development - Recommend Approval of Iowa DOT Federal -Aid Funding Agreement: Iowa DOT Agreement No. 6-23-RAISE-037; Iowa DOT Project No. EDP - Page 4 2100 (705)--7Y-31 City Manager recommending City Council authorize the Mayor to execute a Federal -Aid Funding Agreement (Agreement No. 6-23-RAISE-037) with the Iowa Department of Transportation for the RAISE Infrastructure Planning Grant to complete the Engineering Design and NEPA / Environmental Study Phase to advance development for the project entitled "Building Bridges to Employment and Equity (B2E2)" RESOLUTION Approving a Federal -Aid Funding Agreement (6-23-RAISE-037) with the Iowa Department of Transportation for a RAISE Infrastructure Planning Grant Suggested Disposition: Receive and File; Adopt Resolution(s) 18. Destination Iowa Outdoor Recreation Fund Grant Amendment 1 Approval for the Iowa Amphitheater on Schmitt Island City Manager recommending City Council approval of Amendment 1 for the Iowa Amphitheater on Schmitt Island Destination Iowa Outdoor Recreation Fund Grant and authorize the Mayor to execute the amendment. Suggested Disposition: Receive and File; Approve 19. Granger Creek Lift Station Project (Project #5581500009) - State and Tribal Assistance Grant (STAG) Application City Manager recommending City Council authorization to apply for a U.S. Environmental Protection Agency State and Tribal Assistance Grant in the amount of $1,000,000.00 for the Granger Creek Lift Station Project (Project #5581500009). Suggested Disposition: Receive and File; Approve 20. Plat of Survey of ISAAC Hanna 2nd Addition Zoning Advisory Commission recommending approval of the Plat of Survey of ISAAC Hanna 2nd Addition. RESOLUTION Approving the Plat of Survey for Isaac Hanna 2nd Addition in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 21. Plat of Survey of Weber Acres 2nd Addition Zoning Advisory Commission recommending approval of the Plat of Survey of Weber Acres 2nd Addition. RESOLUTION Approving the Plat of Survey for Weber Acres 2nd Addition in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 22. 2024 State Legislative Priorities City Manager recommending adoption of the 2024 State Legislative Priorities. Suggested Disposition: Receive and File; Approve 23. Certified List - Firefighter-Paramedic/Firefighter-EMT Civil Service Commission submitting the certified list for the position of Firefighter-Paramedic/Firefighter- EMT Suggested Disposition: Receive and File; Make Matter of Record 24. 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 Page 5 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 of Necessity for the Proposed Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, Version 2023.4 City Manager recommending City Council adopt the attached Resolution of Necessity that sets a public hearing for December 18, 2023, and begins the process of creating an Amended and Restated Urban Renewal Plan, Version 2023.4 for the Greater Downtown Urban Renewal District and any other applicable updating that may be necessary. RESOLUTION Authorizing and directing the City Manager to prepare an Amended and Restated Urban Renewal Plan, Version 2023.4 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 2023.4 for said district Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for December 18, 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. Cable Television Commission One, 3-Year Term through July 1, 2026 (Vacant Term of Heidenreich) Applicant: Georgina Guerrero, 245 Princeton PI. 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. Amending South Pointe Planned Unit Development Proof of publication on notice of public hearing to consider a request from Aaron Healey to amend Zone B of the South Pointe Planned Unit Development to allow increased lot coverage and reduced front and rear yard setbacks for townhome development, and Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances Unified Development Code by rescinding Ordinance 39-18 which provides regulations for the South Pointe PUD Planned Unit Development District with a Planned Residential Designation and now being amended to modify lot coverage and setback requirements for townhouse dwellings Suggested Disposition: Receive and File; Motion B; Motion A 2. Amending Dubuque Industrial Center South Planned Unit Development Proof of publication on notice of public hearing to consider a request from Dubuque Sign Company, Simmons Pet Food to amend the Dubuque Industrial Center South Planned Unit Development to increase the size of directional signage, and Zoning Advisory Commission recommending approval. Page 6 ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances Unified Development Code by rescinding Ordinance No. 16-23 which established regulations for a PUD Planned Unit Development with a PI Planned Industrial Designation and adopting an amended PUD Ordinance that increases the allowable area of directional signage Suggested Disposition: Receive and File; Motion B; Motion A 3. Amending Unified Development Code regarding Maternity Group Home Proof of publication on notice of public hearing to consider a request from Bill Biver, Mary's Inn Maternity Home, to amend the Unified Development Code to include a definition of Maternity Group Home and to list Maternity Group Home as a Permitted Use in all residential, office residential, and commercial zoning districts, and Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by amending Article 16-2-3 (Definitions) by adding a definition of Maternity Group Home, and by amending Articles 16-5-2 (R-1), 16-5-3 (R-2), 16-5-4 (R-2A), 16-5-5 (R- 3), 16-5-6 (R-4), 16-5-7 (OR), 16-5-10 (C-1), 16-5-11 (C-2), 16-5-12 (C-2A), 16-5-13 (C-3), 16-5-14 (C-4), 16-5-15 (C-5), 16-5-16 (CS), And 16-5-17 (CR) by adding Maternity Group Home as a permitted use Suggested Disposition: Receive and File; Motion B; Motion A 4. Resolution Adopting the Proposed Urban Renewal Plan for the Emri Urban Renewal District Proof of publication on notice of public hearing to consider City Council adopt a resolution creating an Urban Renewal Plan for the Emri Urban Renewal District, and City Manager recommending approval. RESOLUTION Approving the Amended and Restated Urban Renewal Plan for the Emri Economic Development District Suggested Disposition: Receive and File; Adopt Resolution(s) 5. Resolution Approving a 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 Proof of publication on notice of public hearing to consider City Council adopt the attached resolution approving a 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, and City Manager recommending approval. RESOLUTION Approving a FirstAmendmentto Development Agreement by and between the City of Dubuque, Iowa and 799 Main, LLC, including the issuance of Urban Tax Increment Revenue Obligations Suggested Disposition: Receive and File; Adopt Resolution(s) 6. Resolution Approving a 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 Proof of publication on notice of public hearing to consider City Council adopt the attached resolution approving a Development Agreement between the City of Dubuque, Iowa and Vanguard Enterprises, Inc. providing for the issuance of Urban Renewal Tax Increment Revenue Grant Obligations, and City Manager recommending approval. RESOLUTION Approving a Development Agreement by and between the City of Dubuque, Iowa, and Vanguard Enterprises, Inc. including the issuance of Urban Tax Increment Revenue Obligations Page 7 Suggested Disposition: Receive and File; Adopt Resolution(s) 7. Approval of a Lease Agreement by and Between the City of Dubuque, Iowa and the Dubuque Arboretum Association, Inc. Proof of publication on notice of public hearing to consider City Council adopt a resolution approving a lease agreement between the City of Dubuque, Iowa and the Dubuque Arboretum Association, Inc., and City Manager recommending approval. RESOLUTION Approving a Lease Agreement by and between the City of Dubuque, Iowa, and Dubuque Arboretum Association, Inc. Suggested Disposition: Receive and File; Adopt Resolution(s) 8. Public Hearing: SOO Green HVDC Link ProjectCo, LLC Franchise Agreement Proof of publication on notice of public hearing to consider City Council adopt 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, and Senior Counsel recommending approval. ORDINANCE Granting to Soo Green HVDC Link Projectco, LLC, its successors and assigns, the right and franchise pursuant to Iowa Code Section 364. 2( 4) to construct, reconstruct, relocate, repair, replace, maintain and operate in the City of Dubuque, Dubuque County, Iowa, a transmission system for the transmission of electric energy and communication facilities and the right to construct, reconstruct, relocate, repair, replace, maintain, operate, the necessary conduits and other appliances or equipment for the transmission of electric current and communication facilities under certain streets, avenues, alleys and public places and in a certain railroad right of way in the City of Dubuque, Dubuque County, Iowa within the city as the boundaries are now and may hereafter east, for the period of twenty- five ( 25) years (" franchise" or " ordinance"). Suggested Disposition: Receive and File; Motion B; Motion A 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. 3000 Jackson H & W Building Update City Manager providing to City Council an update on 3000 Jackson, H & W Building. Suggested Disposition: Receive and File 2. Purchase of Property at 2820 Brunswick City Manager recommending City Council approval to purchase property for sale at 2820 Brunswick for redevelopment into new affordable housing units. RESOLUTION Approving the acquisition of real estate owned by the Esther J. Thome Estate at 2820 Brunswick Street in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s) Page 8 3. Tax Increment Ordinance for the Emri Urban Renewal District City Manager recommending City Council adopt the attached Tax Increment ordinance for the Emri Urban Renewal District. ORDINANCE Providing that general property taxes levied and collected each year on all property located within the Emri Economic Development District of the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with the Emri Economic Development District Redevelopment Project Suggested Disposition: Receive and File; Motion B; Motion A 4. Automated Speed Enforcement City Manager recommending City Council implement Automated Speed Enforcement in the City of Dubuque 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; Motion B; Motion A COUNCIL MEMBER REPORTS CLOSED SESSION Confidential Records and Purchase or Sale of Real Estate — Chapter 21.5(1)(a),(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 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 9