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3 3 25 AgendaTHE CITY OF CITY OF DUBUQUE, IOWA D _�g CITY COUNCIL MEETING UB E Historic Federal Building: 350 W. 6th Street - Second -Floor Council Chambers. Masterpiece on the Mississippi March 3, 2025 at 6:30 PM Council meetings are streamed live and archived at www.cityofdubuque.org/media and broadcast on CityChannel Dubuque Mediacom cable channel 8 or digital 117.2 and ImOn channel 5. PROVIDING VIRTUAL PUBLIC INPUT Log into GoToMeeting using the information listed below. If you are joining by computer, use the chat function to indicate the item you would like to speak on or state your intention to speak during the appropriate section. If you are joining by phone, indicate the item you would like to speak on during the appropriate section. All comments, whether audio or written, must include your name and address. Use the following link to join the meeting from your computer, tablet or smartphone. www.CityOfDubugue.org/VirtuaIMeeting 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 ROLL CALL ORDER FOR MEETING Sprank, Farber, Cavanagh, Resnick, Roussell, Wethal, Jones REGULAR SESSION 6:30 PM PLEDGE OF ALLEGIANCE PROCLAMATIONS 1. Irish American Heritage Month (March 2025) On behalf of the Ancient Order of Hibernians Dubuque County Division #2 and the Lady Ancient Order of Hibernians Dubuque County Division #1. 2. Dubuque's Read Across America Week (March 2 - 8, 2025) On behalf of St. Mark Youth Enrichment. 3. AmeriCorps Week (March 9 - 15, 2025) City Council Agenda 3/3/2025 Page 1 On behalf of the City of Dubuque AmeriCorps Program & Green Iowa AmeriCorps members. 4. Honeybee Day (March 26, 2025) On behalf of the Iowa Honey Producers Association and Swiss Valley Bee Club. CONSENT ITEMS 1. Minutes and Reports Submitted City Council Proceedings of February 17, 2025; Community Development Advisory Commission of January 15, 2025; Historic Preservation Commission of January 16, 2025; Library Board of Trustees Update of January 23, 2025; Park and Recreation Commission of January 14, 2025; Proof of Publication for City Council Proceedings of February 3, 2025. Suggested Disposition: Receive and File 2. Notice of Claims and Suits Samantha Duehr for vehicle damage; Alan Feldmann for personal injury; Madeline and Paul Haverland 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: Gerald Breitbach for vehicle damage; Samantha Duehr for vehicle damage; Alan Feldmann for personal injury; Madeline and Paul Haverland for vehicle damage; Robert Hochrein 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. Maturity Extensions of Sewer Revenue Capital Loan Notes (Interim Financing) State Revolving Fund Planning and Design Loans City Manager recommending City Council approval of the suggested proceedings to enable the City to extend the maturity date of the Sewer Revenue Capital Loan Notes (Interim Financing) State Revolving Fund Planning and Design Loans. RESOLUTION Extending the maturity date of the City's Sewer Revenue Capital Loan Notes Anticipation Project Note, Series 2021 Suggested Disposition: Receive and File; Adopt Resolution(s) City Council Agenda 3/3/2025 Page 2 6. Amended and Restated Policies and Procedures Regarding Municipal Securities Disclosure City Manager recommends City Council approval of the suggested proceedings to adopt the Amended and Restated Policies and Procedures Regarding Municipal Securities Disclosure. RESOLUTION Authorizing Adoption of Amended and Restated Policies and Procedures Regarding Municipal Securities Disclosure Suggested Disposition: Receive and File; Adopt Resolution(s) 7. Hy-Vee, Inc. 2023 Property Tax Appeal Stipulation of Settlement Approval Senior Counsel recommending approval of the Stipulation of Settlement for a 2023 property tax appeal filed by HyVee, Inc. for their property located at Parcel No. 1017476005. Suggested Disposition: Receive and File; Approve 8. Bee Branch Creek Trail Project — Phase 1 Project City Manager recommending City Council adopt a resolution accepting the public improvements, and to authorize the payment of the final contract amount of $694,213.21 to Tschiggfrie Excavating Co., of Dubuque, IA, for the Bee Branch Creek Trail Project — Phase 1 Project, Iowa DOT Project TAP-2100(697)-81-31 subject to Iowa DOT concurrence. RESOLUTION Accepting The Bee Branch Creek Trail Project — Phase 1 - Iowa DOT Project TAP-U-2100-697-81-31 And Authorizing The Payment Of The Contract Amount To The Contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 9. Historic Preservation Commission (HPC) Certified Local Government (CLG) Annual Report for 2024 and HPC Annual Work Plan for 2025 City Manager recommending City Council approval of the CY2024 Certified Local Government (CLG) Annual report for submission to the State Historic Preservation Office (SHPO). Suggested Disposition: Receive and File; Approve 10. March/April 2025 City News Newsletter City Manager providing a copy of the March/April 2025 issue of the City News newsletter that was issued with City utility bills from February 12 - March 5. Suggested Disposition: Receive and File 11. Partners for Places Grant - Community Foundation of Greater Dubuque Partnership City Attorney recommending City Council approval to submit a letter of support to Partners for Places regarding a City partnership with the Community Foundation of Greater and Dubuque Energy District on a project called "Community Action for Energy -Efficient and Sustainable Living." Suggested Disposition: Receive and File; Approve 12. First Amendment to Development Agreement by and between the City of City Council Agenda 3/3/2025 Page 3 Dubuque and Limestone Legacy LLC City Manager recommending City Council approval of the First Amendment to Development Agreement with Limestone Legacy LLC for development of the property at 1602 Central Avenue. RESOLUTION Approving The First Amendment To Development Agreement By And Between The City Of Dubuque, Iowa And Limestone Legacy LLC Suggested Disposition: Receive and File; Adopt Resolution(s) 13. Signed Contract(s) Farm 6941 (Chavenelle Road) Lease; Farm 6960 (Humke Road) Lease; FDR Farm Lease; North English Road Farm Lease; Termination Agreement with Hawks Goodmann & Associates, replaced by Independent Contractor Agreement with THG Consultants (Teri Hawks Goodmann). Suggested Disposition: Receive and File 14. Improvement Contracts / Performance, Payment, and Maintenance Bonds Portzen Construction, Inc. for the Dubuque Gate & Pump Station Flood Mitigation (16th St. Detention Basin) Project. Suggested Disposition: Receive and File; Approve 15. Equitable Community Grant Award Recommendation City Manager recommending City Council approval of the Equitable Community Grant disbursement in the amount of $5,000 each to Afriwell Hub, Inc. and Dubuque Visiting Nurse Association. RESOLUTION Awarding Equitable Community Grant To Dubuque Visiting Nurse Association RESOLUTION Awarding Equitable Community Grant To Afriwell Hub, Inc Suggested Disposition: Receive and File; Adopt Resolution(s) 16. Federal Transit Administration - Opinion of Counsel City Attorney recommending City Council adopt the resolution authorizing the City of Dubuque to apply for Federal Transit Administration (FTA) funding and that the City Attorney be authorized to send the opinion letter to the FTA. RESOLUTION Authorizing The Filing Of Applications With The Federal Transit Administration, An Operating Administration Of The United States Department Of Transportation, For Federal Transportation Assistance Authorized By 49 U.S.C. Chapter 53, Title 23 United States Code, And Other Federal Statutes Administered By The Federal Transit Administration 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. 1. Setting Public Hearing for a Proposed Development Agreement between the City of Dubuque, Iowa and Gronen Development, Inc. City Council Agenda 3/3/2025 Page 4 City Manager recommending City Council set a public hearing for March 17, 2025, to consider the attached Development Agreement with Gronen Development, Inc. for the construction of a 5-story mixed -use building at the corner of 5th and Main Streets. RESOLUTION Intent To Dispose Of An Interest In City Of Dubuque Real Estate By Sale To Gronen Development, Inc. Pursuant To A Development Agreement By And Between The City Of Dubuque And Gronen Development, Inc. And Fixing The Date For A Public Hearing Of The City Council Of The City Of Dubuque, Iowa On The Development Agreement Including The Proposed Issuance Of Urban Renewal Tax Increment Revenue Grant Obligations To Gronen Development, Inc. And Providing For The Publication Of Notice Thereof Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for March 17, 2025 2. Heeb Street Reconstruction Project - Initiate Public Bidding Process and Set Date for Public Hearing City Manager recommending City Council authorize initiating the public bidding process and conduct a public hearing for April 7, 2025, and to preliminary approve the plans, specifications, estimated cost of $857,478.99, form of contract, and authorize the City Engineer to advertise for bid proposals for the Heeb Street Reconstruction Project through the adoption of the enclosed resolution. RESOLUTION Heeb Street Reconstruction Project: Preliminary Approval Of Plans, Specifications, Form Of Contract, And Estimated Cost; Setting Date Of Public Hearing On Plans, Specifications, Form Of Contract, And Estimated Cost; And Ordering The Advertisement For Bids Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for April 7, 2025 3. Heeb Street Reconstruction Project - Special Assessments and Set Date for Public Hearing City Manager recommending City Council set a public hearing for April 7, 2025, to approve the Resolution of Necessity and the Preliminary Schedule of Assessments for the Heeb Street Reconstruction Project through the adoption of the enclosed resolutions. RESOLUTION Approving The Preliminary Plats, Schedule Of Assessments And Estimate Of Total Cost For The Heeb Street Reconstruction Project RESOLUTION Of Necessity For The Heeb Street Reconstruction Project RESOLUTION Fixing Date Of Public Hearing On Resolution Of Necessity Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for April 7, 2025 BOARDS/COMMISSIONS 1. Boards and Commission Appointments Appointments to the following commissions to be made at this meeting. City Council Agenda 3/3/2025 Page 5 Catfish Creek Watershed Management Authority One, 4-Year term through July 16, 2028 (Vacant term of Drahozal) Applicant: Rachel Boeke, 1241 Jackson St. Civic Center Advisory Commission One, 3-Year term through June 29, 2027 (Vacant term of Jacobs) Two, 3-Year terms through June 29, 2025 (Vacant term of Bakke and Christner) Applicants: Colleen Myers, 65 North Booth St. (Additional Application) Ashley Regan, 1100 N Booth St. Alan Schumacher, 3035 Burlington St. Sara Tandy, 2307 Martin Dr. Historic Preservation Commission City Code 16-10-1(H) states that if a vacancy occurs in a seat which requires that the appointee be a resident of the historic preservation district and for which there is no application from a qualified resident, the City Council must appoint a tenth commissioner, which appointment is temporary, and upon appointment of a qualified resident to the vacancy, the temporary appointment terminates. One, 3-Year Langworthy District term through July 1, 2026 (Vacant term of Dement) One, interim term due to vacancies of the Old Main District and Cathedral District terms Applicants: Jon Clinngman, 195 Alpine St. (Additional Application) (Qualifies for Langworthy District and Interim) Cole Hanson, 408 Burch St. (Qualifies for Interim) Sandy Hockenberry, 1015 West 3rd St. (Qualifies for Interim) Cory Ruzicka, 1075 West 3rd St. (Additional Application) (Qualifies for Langworthy District and Interim) Adam Schwendinger, 570 West 11th St. (Qualifies for Interim) Chad Witthoeft, 430 Alpine (Additional Application) (Qualifies for Langworthy District and Interim) PUBLIC HEARINGS Residents are invited to address the City Council on 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. 1. Resolution Approving a Proposed Development Agreement by and among the City of Dubuque, Iowa, FEH Realty, L.L.C., and FEH Associates, Inc. Proof of publication on notice of public hearing to consider City Council approve a Resolution approving a Development Agreement by and among the City of City Council Agenda 3/3/2025 Page 6 Dubuque, Iowa, FEH Realty, L.L.C., and FEH Associates, 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 Among The City Of Dubuque, Iowa, FEH Realty, L.L.C., And FEH Associates, Inc., Including The Issuance Of Urban Renewal Tax Increment Revenue Obligations Suggested Disposition: Receive and File; Adopt Resolution(s) 2. Approving a Proposed Development Agreement between the City of Dubuque, Iowa and Dubuque Racing Association, Ltd. Proof of publication on notice of public hearing to consider City Council adopt the attached resolution approving a proposed Development Agreement by and between the City of Dubuque and Dubuque Racing Association, Ltd. (DRA) including 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 Dubuque Racing Association, Ltd., Including The Issuance Of Urban Renewal Tax Increment Revenue Obligations Suggested Disposition: Receive and File; Adopt Resolution(s) 3. Second Amendment to the Dubuque Racing Association Lease Proof of publication on notice of public hearing to consider City Council approve the Second Amendment to the Dubuque Racing Association Lease, and City Attorney recommending approval. RESOLUTION Disposing Of An Interest In Real Property Through A Second Amendment To The Existing Lease Agreement With Dubuque Racing Association, Ltd. Suggested Disposition: Receive and File; Adopt Resolution(s) 4. Public Hearing for Bunker Hill Foundation Repair Project Proof of publication on notice of public hearing to consider City Council adopt the resolution approving the construction plans and specifications, and estimated cost of $319,880.00 for the Bunker Hill Foundation Repair Project, and City Manager recommending approval. RESOLUTION Approval Of Plans, Specifications, And Estimated Cost For The Bunker Hill Foundation Repair Project 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 5 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 City Council Agenda 3/3/2025 Page 7 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 where authorized by the Mayor. 1. ImOn Ice Arena Dehumidification System Upgrade Project - Award Public Improvement Project City Manager recommending City Council award the public improvement contract for the ImOn Ice Arena Dehumidification System Upgrade Project to Giese Sheet Metal Co, Inc. in the amount of $308,950.00, through adoption of the attached resolution. RESOLUTION Awarding Public Improvement Contract For The ImOn Ice Arena Dehumidification System Upgrade Project Suggested Disposition: Receive and File; Adopt Resolution(s) 2. Southgate Drive Sanitary Sewer Improvements Project - Award Public Improvement Contract City Manager recommending City Council award the public improvement contract for the Southgate Drive Sanitary Sewer Improvements Project to Tschiggfrie Excavating, Co. in the amount of $196,666.80, which is 1.58% above the engineer's estimate, through the adoption of the attached resolution. RESOLUTION Awarding Public Improvement Contract For The Southgate Drive Sanitary Sewer Improvement Project Suggested Disposition: Receive and File; Adopt Resolution(s) COUNCIL MEMBER REPORTS 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.cityofdubugue.org or at the City Clerk's Office at ctyclerk(a)_cityofdubug ue.orq or by mail to 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 at ctyclerk _cityofdubugue.org or by mail to 50 W. 13th St., Dubuque, IA 52001, before said time of meeting. Individuals requiring special assistance should contact the City Clerk's Office as soon as City Council Agenda 3/3/2025 Page 8 feasible at (563) 589-4100, ctyclerk(a)cityofdubug ue.org. Deaf or hard -of -hearing individuals can use Relay Iowa by dialing 711 or (800) 735-2942. City Council Agenda 3/3/2025 Page 9