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5 17 21 City Council Agenda - Specail and RegularROLL CALL ORDER FOR MEETING OF May 17, 2021 Buol, Roussell, Cavanagh, Jones, Sprank, Resnick, Farber This meeting will be conducted as a virtual meeting_ Due to social distancing guidelines related to the COVID-19 pandemic, City Council members and City staff will participate by webinar and will not meet in person. The virtual meeting will be aired live on CityChannel Dubuque (Mediacom cable channels 8 and 117.2), streamed live and archived on the City's website at www.cityofdubuque.org/media, and streamed live on the City's Facebook page at www.facebook.com/cityofdubuque. The public can provide audio and written input during sections of the agenda where public input is accepted as well as before and after the meeting. 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 when phone lines are unmuted. All phone lines will be unmuted during the Consent Agenda, Public Hearings, and Public Input periods, and City staff will determine the speaking order of attendees who would like to speak. All comments, whether audio or written, must be accompanied by a name and address. Please join the meeting from your computer, tablet or smartphone. • https://global.gotomeeting.com/join/337661181 • You can also dial in using your phone. • United States (Toll Free): 1 877 568 4106 United States: +1 (571) 317-3129 Access Code: 337-661-181 Additionally, written public input can be accepted prior to or during the meeting by: • Contacting the City Council directly from the City's webpage at www.cityofdubuque.org/councilcontacts • Through the City Clerk's Office email at ctyclerk@cityofdubuque.org CITY OF DUBUQUE, IOWA [. CITY COUNCIL MEETING This meeting will be conducted virtually 'Lir Please see the information above for viewing, ... listening, and public input options. May 17, 2021 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 - Sustainable Dubuque Quarterly Work Session City partners will provide updates on their work as it relates to energy efficiency and environmental education. REGULAR SESSION 6:30 PM PLEDGE OF ALLEGIANCE PRESENTATION(S) Women's Leadership Network - Woman of Achievement Awards Julie Kronlage, of the Women's Leadership Network, will recognize the following City of Dubuque employee nominees and award recipients of the Women of Achievement Awards: Cori Burbach; Mary Rose Corrigan; Jennifer Larson; Alexis Steger; Nicole Salazar; and Arielle Swift. PROCLAMATION(S) Mental Health Month Proclamation (May 2021) On behalf of Mental Health America of Dubuque County. 2. Peace Officers' Recognition Week Proclamation (May 16 - May 22, 2021) On behalf of the City of Dubuque Police Department. 3. Asian American and Pacific Islander (AAPI) Day Against Bullying and Hate Proclamation ( May 18, 2021) On behalf of Inclusive Dubuque and the Pacific Islander Health Project. 4. Emergency Medical Service Week Proclamation (May 16 - May 22, 2021) On behalf of the Emergency Medical Services (EMS) Teams 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 5/3; Community Development Advisory Commission of 4/21; Housing Commission of 4/27; Library Board of Trustees of 3/20, 3/22, 3/24, and 3/25; Zoning Advisory Commission of 5/5; Zoning Board of Adjustment of 4/22; Proof of Publication for City Council Proceedings of 4/19. Suggested Disposition: Receive and File 2. Notice of Claims and Suits Bruce Murphy 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: Bruce Murphy for property 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 Director of Finance and Budget/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. Hiring Clerk for Bus Fare Sales and Parking Backup at Intermodal Facility City Manager recommending authorization to hire a part-time Confidential Account Clerk to facilitate bus pass sales and Parking Account clerk duties. Suggested Disposition: Receive and File; Approve 6. March 31, 2021 Quarterly Investment Report City Manager transmitting the March 31, 2021 Quarterly Investment Report. Suggested Disposition: Receive and File 7. Proceedings to Complete Action on Issuance of $27,995,000 Tax -Exempt General Obligation Bonds, Series 2021Aand $12,535,000 Taxable General Obligation Bonds, Series 2021 B City Manager recommending approval of the suggested proceedings to complete the action required on the recent Series 2021A and Series 2021 B General Obligation Bonds. RESOLUTION Appointing Paying Agent, Bond Registrar, and Transfer Agent, Approving the Paying Agent and Bond Registrar and Transfer Agent Agreement and Authorizing the Execution of the Agreement RESOLUTION Authorizing and providing for the issuance, and levying a tax to pay the Bonds; Approval of the Tax Exemption Certificate and Continuing Disclosure Certificate RESOLUTION Appointing Paying Agent, Bond Registrar, and Transfer Agent, Approving the Paying Agent and Bond Registrar and Transfer Agent Agreement and Authorizing the Execution of the Agreement RESOLUTION Authorizing and providing for the issuance, and levying a tax to pay the Bonds; Approval of the Continuing Disclosure Certificate Suggested Disposition: Receive and File; Adopt Resolution(s) 8. Plat of Survey of Vize Place #2 Zoning Advisory Commission recommending approval of the Plat of Survey of Vize Place #2, subject to waiving the lot frontage requirement for Lot 1. RESOLUTION Approving the Plat of Survey of: Vize Place #2, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 9. Pre -annexation Agreement - Joseph R. and Kelly L. Pregler City Manager recommending approval of a Pre -Annexation Agreement with Joseph R. and Kelly L. Pregler, for property located at 10829 Cascade Drive, in conjunction with their request to connect to City water. RESOLUTION Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Joseph R. and Kelly L. Pregler Suggested Disposition: Receive and File; Adopt Resolution(s) 10. Pre -annexation Agreement - Daved C. and Cheryl A. Peacock City Manager recommending approval of a Pre -Annexation Agreement with Daved C. and Cheryl A. Peacock, for property located at 9607 Monticello Drive, in conjunction with their request to connect to City water. RESOLUTION Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Daved C. and Cheryl A. Peacock Suggested Disposition: Receive and File; Adopt Resolution(s) 11. Appointment of Liaison to the Airport Zoning Advisory Commission Zoning Advisory Commission recommending approval to appoint Rebecca Kemp and Matthew Mulligan as the Zoning Advisory Commission liaisons to the Airport Zoning Advisory Commission. Suggested Disposition: Receive and File; Approve 12. Appointment of Liaison to the Airport Zoning Board of Adjustment Zoning Board of Adjustment recommending approval to appoint Gwen Kosel and Matt Mauss as the Zoning Board of Adjustment liaisons to the Airport Zoning Board of Adjustment. Suggested Disposition: Receive and File; Approve 13. Intent to Apply for 2021 BJA Bulletproof Vest Partnership City Manager recommending approval to apply for a 2021 BJA Bulletproof Vest Partnership in the amount of $14,892.50, which is 50% of the cost of the body armor. Suggested Disposition: Receive and File; Approve 14. Restaurant Revitalization Fund Postcard City Manager providing a copy of the Restaurant Revitalization Fund public information postcard. Suggested Disposition: Receive and File 15. 2021 - Q2 Update on Childcare Challenges and Collaborations City Manager transmitting 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 16. City Support of Woodward Communication's Application for Historic Preservation Tax Credits City Manager recommending approval of a resolution supporting an application for Historic Preservation Tax Credits by Woodward Communications, Inc. to the Iowa Economic Development Authority, the Iowa Department of Cultural Affairs, and the National Park Service for redevelopment of the property at 801 Bluff Street. RESOLUTION Supporting the filing of an application by Woodward Communications, Inc. with the Iowa Economic Development Authority, the Iowa Department of Cultural Affairs, and the National Park Service for Historic Preservation Tax Credits for the redevelopment of 810 Bluff Street in the City of Dubuque, I owa Suggested Disposition: Receive and File; Adopt Resolution(s) 17. FY21 and FY22 Community Development Block Grant (CDBG) Approval of Agreements with the Four Mounds Foundation City Manager recommending approval of the Community Development Block Grant (CDBG) Agreements with Four Mounds Foundation for part of the Leisure Services Four Mounds Adventure Day Camp Program. Suggested Disposition: Receive and File; Approve 18. Agreement with Royal Oaks Development Corporation Cedar Ridge Commercial Park - Cedar Cross Road City Manager recommending approval of an Agreement with Royal Oaks Development Corporation for off- site improvements related to the Cedar Ridge Commercial Park subdivision located on the east side of Cedar Cross Road between Starlite Drive and Crescent Ridge. RESOLUTION Approving an Agreement for construction of certain off -site public roadway (Cedar Cross Road) and sanitary sewer improvements related to the Cedar Ridge Commercial Park Subdivision on Cedar Cross Road between the City of Dubuque, Iowa and Royal Oaks Development Corporation Suggested Disposition: Receive and File; Adopt Resolution(s) 19. Signed Contract(s) Strand Associates, Inc. for Catfish Creek Old Mill Road Sanitary Sewer Pumping Station and Force Main Design Services. Suggested Disposition: Receive and File 20. Acknowledgement of Iowa Communities Assurance Pool (ICAP) Settlement of Simon vs. City of Dubuque and Dalsing City Attorney recommending acknowledgement of the settlement release provided by the Iowa Communities Assurance Pool (I CAP) in the Simon vs. City of Dubuque and Dalsing lawsuit. Suggested Disposition: Receive and File; Acknowledge 21. Problem Property Assessment City Manager recommending adoption of a resolution authorizing the City to certify problem property charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. RESOLUTION Authorizing the City to Collect Delinquent Problem Property Charges in accordance with 14-1J1 International Property Maintenance Code Section 106.5 and/or Section 109.5 Code of Ordinances of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 22. Grass and Weed Cutting and Garbage Collection Assessments City Manager recommending adoption of a resolution authorizing the City Clerk to certify grass and weed cutting and garbage collection charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. RESOLUTION Authorizing the City to collect delinquent grass and weed cutting and garbage collection charges in accordance with Title 6-4-3A and Title 6-8-2 of the Code of Ordinances of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 23. Fiscal Year 2020 Housing & Urban Development (HUD) Continuum of Care Program Agreement City Manager recommending approval of an agreement with the Iowa Balance of State and the U.S. Department of Housing & Urban Development (HUD) for the administration of the Continuum of Care Special Needs Assistance Program (SNAP) in the amount of $90,583. RESOLUTION Approving the Continuum of Care Grant Agreement and authorizing the Director of Housing and Community Development and the City Manager to execute and administer the grant Suggested Disposition: Receive and File; Adopt Resolution(s) 24. Approval and Submission of Annual Public Housing Agency (PHA) Plan City Manager recommending approval of the submission of the Annual Public Housing Agency Plan along with the Certification of Consistency with the Consolidated Plan to the U.S. Department of Housing and Urban Development. RESOLUTION Authorizing the Mayor to execute the certification by State or Local Office of Public Housing Agency (PHA) Plan's Consistency with the Consolidated Plan and approval of the PHA Annual Plan Suggested Disposition: Receive and File; Adopt Resolution(s) 25. Proposed Amendment to Master Co -Location and Shared Services Agreement Between the City of Dubuque and Interstate Power and Light City Manager recommending approval of an Amendment to the Master Co -Location and Shared Services Agreement with Interstate Power and Light (IPL) for installation of a shared fiber conduit route within the City of Dubuque. Suggested Disposition: Receive and File; Approve 26. Proposed Conduit License Agreement between City of Dubuque and Iowa Department of Transportation and Proposed Amendment to Master Co Location and Shared Services Agreement Between the City of Dubuque and Wisconsin Independent Network City Manager recommending approval of two interrelated actions. The first is approval to enter into a Conduit License Agreement with the Iowa Department of Transportation for the use of a two-inch fiber - optics conduit on the Julien Dubuque Bridge. The second is approval of an Amendment to an existing Master Co -Location and Shared Services Agreement between the City of Dubuque and Wisconsin Independent Network (WIN). Suggested Disposition: Receive and File; Approve 27. Proposed Amendment to Master Co -Location and Shared Services Agreement Between the City of Dubuque and Unite Private Network City Manager recommending approval of an Amendment to the Master Co -Location and Shared Services Agreement between the City of Dubuque and Unite Private Network (UPN). Suggested Disposition: Receive and File; Approve 28. Master Co -Location and Shared Services Agreement Between the City of Dubuque and Dubuque County City Manager recommending approval of a Master Co -Location and Shared Services Agreement between the City of Dubuque and Dubuque County for Fiber Optic Cable and Conduit in the Greater Dubuque Region. Suggested Disposition: Receive and File; Approve 29. Adoption of Code of Ordinances Supplement No. 2021 S-3 City Clerk recommending adoption of Supplement No. 2021 S-3 to the City of Dubuque Code of Ordinances that codifies Ordinances Nos. 52-20 and 1-21 through 10-21. RESOLUTION Adopting Supplement No. 2021 S-3 to the Code of Ordinances of the City of Dubuque, I owa Suggested Disposition: Receive and File; Adopt Resolution(s) 30. Alcohol and Tobacco License Applications City Manager recommending approval of annual liquor, beer, wine and tobacco license applications as submitted. RESOLUTION Approving applications for beer, liquor, and/or wine permits, 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 RESOLUTION Approving applications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa Code Chapter 453A.47A 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. Bee Branch Railroad Culvert Trail Project: CIP #3401654, Project #4X0039 and CIP #7201654, Project #8X0144 City Manager recommending initiation of the public bidding procedure for the Bee Branch Railroad Culvert Trail Project, and further recommends that a public hearing be set for June 7, 2021. RESOLUTION Bee Branch Railroad Culvert Trail 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 June 7, 2021 2. Fire Station 6 External Stairwell Addition Project Request to Initiate Construction Bidding - CIP: 350-2706 City Manager recommending initiation of the public bidding procedure for the Fire Station 6 External Stairwell Addition Project, and further recommends that a public hearing be set for June 7, 2021. RESOLUTION Fire Station 6 External Stairwell Addition 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 June 7, 2021 3. Jule Public Hearing Iowa Department of Transportation's Consolidated Funding Application City Manager recommending the City Council schedule a public hearing for June 21, 2021, on the Jule's Iowa Department of Transportation Consolidated Funding Application. RESOLUTION Setting the date for a public hearing on Iowa DOT Consolidated Funding Application Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for June 21, 2021 BOARDS/COMMISSIONS Boards and Commission Appointments Appointments to the following commissions to be made at this meeting. Zoning Advisory Commission One, 3-Year term through July 1, 2023 (Vacant term of Smith) Applicant: Teri Zuccaro, 1765 Plymouth Ct. This commission is subject to the State of Iowa Gender Balance Law. 7 Commissioners total, currently 3 males/3 females/1 opening PUBLIC HEARINGS Citizens 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 3049 Asbury Road - Traditional Zoning Request Proof of publication on notice of public hearing to consider approval of a request from Drew Siegert to rezone property located at 3049 Asbury Road from C-2 Neighborhood Shopping Center to C-3 General Commercial, and Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 3049 Asbury Road from C-2 Neighborhood Commercial Shopping Center District to C-3 General Commercial District with conditions as established in the attached Memorandum of Agreement Suggested Disposition: Receive and File; Motion B; Motion A 2. Agreement with Affordable Housing Network Inc. (AHNI) for Re -Development of Bishop Block, 90 Main Street Proof of publication on notice of public hearing to consider City Council holding a public hearing on May 17, 2021 to solicit input for a development agreement with Affordable Housing Network Inc (AHNI) and approve the redevelopment agreement for 90 Main Street, and City Manager recommending approval. RESOLUTION Approving an Agreement with Affordable Housing Network, Inc. for the re- development of Bishop Block 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. Citizens 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. COVID-19 Update and City Council Face Covering Ordinance Discussion Mary Rose Corrigan, Public Health Specialist for the City of Dubuque, will provide an update on the COVI D-19 pandemic and response activities as part of the City Council's discussion of the City's Face Covering Ordinance. Suggested Disposition: Receive and File; Presentation; Council 2. Public, Educational, and Government (PEG) Fund Expenditure for City Council Chambers Upgrade and City Council Hybrid Meeting Discussion City Clerk and City Manager recommending approval of the Cable TV Commission recommendations for funding from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities in a not to exceed amount of $13,000 for the City of Dubuque. If funding is approved, it is further recommended that the City Council return to City Council Chambers in a hybrid meeting format on July 6, 2021. Suggested Disposition: Receive and File; Approve 3. Amendment of City Ordinance 9-14-321.645 City Manager recommending amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14 Parking, Division 3 Municipal Parking Lots, Section 9-14- 321.645 Meters, Time and Fee Schedule for Specific Lots. ORDINANCE Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14 Parking, Division 3 Municipal Parking Lots, Section 9-14-321.645 Meters; Time and Fee Schedule for Specific Lots Suggested Disposition: Receive and File; Motion B; Motion A 4. Moody's Investors Service Upgrade of Credit Rating on Water Enterprise Revenue Bonds City Manager submitting the credit rating upgrade report from Moody's Investors Service on the outstanding water enterprise revenue bonds. Moody's Investors Service upgraded the City's credit rating of A2 to Al on the water enterprise revenue bonds. Suggested Disposition: Receive and File 5. Tiffany Court - Lead Mine Sinkhole Subsidence Remediation Project: Approve Cooperative 28E Agreement with State of Iowa and approve Tiffany Court Mine Remediation Site Access Agreement City Manager recommending City Council approval of a resolution authorizing the Mayor to execute a Cooperative 28E Agreement between the Iowa Department of Agriculture and Land Stewardship and the City of Dubuque, and the Property Owner Site Access Agreements to allow for the remediation and mitigation of the lead mine sinkhole subsidence that developed at 2784 and 2792 Tiffany Court. RESOLUTION Approving a Cooperative 28E Agreement with the Iowa Department of Agriculture and Land Stewardship and approving Property Owner Site Access Agreements for a project to remediate and mitigate the lead mine sinkhole subsidence at 2784 and 2792 Tiffany Court Suggested Disposition: Receive and File; Adopt Resolution(s) 6. Revised Sidewalk Replacement Policy Proposal Related to Street Tree Impacted Sidewalks City Manager recommending City Council approval of a revision to the sidewalk replacement policy related to street tree impacted sidewalk, which includes not assessing the abutting property owner for the sidewalk replacement caused by the former location of a City street tree effective May 17, 2021. Suggested Disposition: Receive and File; Approve 7. Proposed Service Agreement with CGM, LLC for Provision of an Enrollment Portal and Customer Service System for Access to Federally Available Broadband Subsidies by Qualifying Dubuque Residents City Manager recommending City Council approval of a service agreement with CGM, LLC that will create an improved opportunity for qualifying Dubuque residents to take advantage of Federally funded broadband internet subsidies. Suggested Disposition: Receive and File; Approve 8. John F. Kennedy Road Sidewalks Discussion City Clerk transmitting historical information about the John F. Kennedy Road sidewalks. Suggested Disposition: Receive and File; Council 9. Request to Schedule Work Session - Childcare Challenges and Progress City Manager requesting the City Council schedule a work session for July 19, 2021 at 5:45 p.m. regarding childcare challenges and progress. Suggested Disposition: Receive and File; Council 10. Request to Schedule Work Session - Equity Plan Progress Report City Manager requesting the City Council schedule a work session for August 2, 2021 at 5:00 p.m. on the Equity Plan Progress Report. Suggested Disposition: Receive and File; Council 11. Request to Reschedule Work Session - Sustainable Dubuque Quarterly Update City Manager requesting the City Council move the August 16, 2021, Sustainable Dubuque Work Session to September 7, 2021 at 5:30 pm to accommodate a scheduling conflict. Suggested Disposition: Receive and File; Council COUNCIL MEMBER REPORTS CLOSED SESSION Purchase or Sale of Real Estate - Chapter 21.5(1),(j) Code of Iowa ADJOURNMENT The agenda with supporting documents may be accessed at www.cityofdubuque.org or at the City Clerk's Office, 50 W. 13th Street, during regular business hours. This notice is given pursuant to Chapter 21, Code of Iowa, and applicable local regulations of the City of Dubuque, Iowa and/or governmental body holding the meeting. Written comments regarding the above items may be submitted to the City Clerk's Office, 50 W. 13th St., Dubuque, IA 52001, before or at said time of meeting. Individuals with limited English proficiency, vision, hearing or speech impairments or requiring special assistance should contact the City Clerk's Office at (563) 589-4100, TDD/TTY (563) 690-6678, ctyclerk@cityofdubuque.org as soon as feasible. Deaf or hard -of -hearing individuals can use Relay Iowa by dialing 711 or (800) 735-2942.