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1 19 21 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in a special session at 5:00 p.m. on January 19, 2021. Due to the COVID-19 pandemic and mandates for social distancing, this meeting was conducted virtually via GoToMeeting and aired live on CityChannel Dubuque (Mediacom cable channels 8 and 117.2) and streamed live on the City's Facebook page at www.facebook.com/cityofdubuque. The meeting was scheduled to stream live on the City's website at www.citvofdubuque.org/media, but the live stream did not occur due to technical difficulties. The archived meeting video is available on the City's website. Present: Mayor Buol; Council Members Cavanagh, Jones, Lynch, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attorney Brumwell. Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on the Arts and Culture Master Plan. WORK SESSION ARTS & CULTURE MASTER PLAN UPDATE Arts & Cultural Affairs Coordinator Jenni Petersen -Brant and network partners provided an update on the implementation of the City's Arts and Culture Master Plan. Network partners who spoke were: Kurt Strand, President, and CEO, Dubuque County Historical Society; Erin Dragotto, National Mississippi River Museum, and Aquarium; Ali Levasseur, Chairwoman, Dubuque County Fine Arts Society; Gary Stoppelman, Executive Director, Dubuque Museum of Art; and Sandy Helgerson, Executive Director, Dubuque Arboretum and Botanical Gardens. Topics included: • Arts & Cultural Affairs Coordinator and Advisory Commission • Task Force & Working Group Volunteers • Arts & Culture Partners in Dubuque • The need for an Arts & Culture Master Plan and Timeline • Goals, Priorities, Strategies, and Other Considerations • Priority #1: Promote and Support Arts & Culture as Dubuque's Competitive Edge o Art on the River, Voices Murals • Priority #2: Boost Capacity for Arts & Culture to Thrive o City Grant Programs, Private and Other Investment • Priority #3: Foster Engagement at All Levels o Dubuque Renaissance Project, Cultural Asset Mapping, Northeast Iowa School of Music • Priority #4: Cultivate Connections o Art En Route, Solidarity Mural • Recommendations Ms. Petersen -Brant responded to questions from the City Council following the presentation. There being no further business, Mayor Buol declared the meeting adjourned at 6:20 p.m. /s/Adrienne N. Breitfelder, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in a regular session at 6:30 p.m. on January 19, 2021. Due to the COVID-19 pandemic and mandates for social distancing, this meeting was conducted virtually via GoToMeeting and aired live on CityChannel Dubuque (Mediacom cable channels 8 and 117.2) and streamed live on the City's Facebook page at www.facebook.com/cityofdubuque. The meeting was scheduled to stream live on the City's website at www.cityofdubugue.org/media, but the live stream did not occur due to technical difficulties. The archived meeting video is available on the City's website. Present: Mayor Buol; Council Members Cavanagh, Jones, Lynch, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attorney Brumwell. Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PRESENTATION(S) 1. COVID-19 Update: Mary Rose Corrigan, Public Health Specialist for the City of Dubuque, provided an update on the COVID-19 pandemic and response activities. PROCLAMATION(S) 1. Dubuque Eagles "Eyes on the Future" Month (January 2021) was accepted by Michael Duehr of the Dubuque Fraternal Order of Eagles CONSENT ITEMS Request by Council Member Sprank to hold Consent Item #13, Iowa Department of Inspections and Appeals New Interagency Agreement, for a separate discussion. Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated except for Consent Item #13. Seconded by Sprank. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council proceedings of 1/4; Community Development Advisory Commission of 1/6; Historic Preservation Commission of 12/17; Zoning Advisory Commission of 1/6; Zoning Board of Adjustment of 12/17; Proof of publication on City Council proceedings of 12/7, 12/11; Proof of publication for List of Claims and Summary of Revenues for the month ending 11/30. Upon motion, the documents were received and filed. 2. Notice of Claims and Suits: Jayne David for personal injury; Shane and April Hanson for property damage; Jordan Koehler for vehicle damage; Nathan and Amanda Salzmann for property damage; Becky Wolf and Chuck Minnick for property damage. Upon motion, the documents were received, filed, and referred to the City Attorney. 3. Disposition of Claims: City Attorney advised that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Jayne David for personal injury; Jordan Koehler for property damage; Nathan and Amanda Salzmann for property damage; Becky Wolf and Chuck Minnick for property damage. Upon motion, the documents were received, filed, and concurred. 4. Approval of City Expenditures: City Manager recommended City Council approval for payment of City expenditures. Upon motion, the documents were received and filed, and Resolution No. 7-21 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 was adopted. RESOLUTION NO. 7-21 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 Whereas, Section 1-7-7(E) of the Municipal Code of the City of Dubuque provides that the Finance Director -City Treasurer shall keep an accurate account of all disbursements, money, or property, specifying date, to whom, and from what fund paid; and Whereas, the invoices, presented by those firms and persons providing such goods and services have been pre -audited by Finance Department personnel in accordance with generally accepted internal control procedures and have been determined to have been requisitioned for a lawful municipal purpose; and Whereas, the Finance Director -City Treasurer has provided a list of Expenditures attached hereto, and by this reference made a part hereof, to be drawn to pay for goods and services provided for City purposes; and Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142-18 adopted May 7, 2018, authorized the Finance Director -City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Finance Director -City Treasurer is hereby authorized to issue payment for goods and services provided for City purposes in response to the purchase orders and contracts issued in compliance with state and municipal code requirements as requested by designated requisitioning authorities in accordance with approved budget appropriations. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance Director are hereby authorized and directed to provide the statement of receipts and disbursements to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 19t" day of January, 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 5. Memo Recording Award of Chaplain Schmitt Island Fiber Collaboration Project: City Manager recommended that the award for the Chaplain Schmitt Island Fiber Collaboration Project be officially recorded in the minutes of the City Council. Upon motion, the documents were received, filed, and made a Matter of Record. 6. Modifications to Original Approval Plans and the Final Plat of North Grandview Estates No. 2 in 2006, in the City of Dubuque, Iowa: City Manager recommended approval of a resolution for modification to the original approval plans and the Final Plat of North Grandview Estates No. 2 in 2006. Upon motion, the documents were received and filed, and Resolution No. 8-21 Approving modifications to the original approval of plans and the Final Plat of North Grandview Estates No. 2 in 2006, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 8-21 A RESOLUTION APPROVING MODIFICATIONS TO THE ORIGINAL APPROVAL OF PLANS AND THE FINAL PLAT OF NORTH GRANDVIEW ESTATES NO.2 IN 2006, IN THE CITY OF DUBUQUE, IOWA. Whereas, by resolution 308-06 the City Council approved a Final Plat of North Grandview Estates No. 2 in the City of Dubuque; attached as Exhibit A, and Whereas, the Final Plat and subsequent Agreement with the prior owner (Instrument No. 2005-6151), and Amended Agreement Inst. No. 2007-4829, laid out a plan and requirements for development of North Grandview Estates, No. 2; and Whereas, the development of North Grandview Estates No. 2 never came to fruition and a foreclosure of the property resulted in the property sitting idle for many years; and Whereas, Ehrlich Properties, L.L.C. (Developer) acquired the property in 2018 and desires to develop the property for housing; and Whereas, from the time the original Final Plat and plans were approved for the development a number of regulatory standards have changed making development according to the original plans impossible, and Whereas, City staff has worked with Developer to identify the components from the original plan, plat, and agreements which are still feasible and those requiring modification for compliance with current code provisions, and Whereas, Developer also acquired Lot 2-1-1 of Mineral Lot 359 in the City of Dubuque abutting North Grandview Estates No. 2 (hereinafter "Adjacent Property"); Whereas, the City and Developer are prepared to agree to a number of specific items to facilitate development of North Grandview Estates No. 2 and the Adjacent Property, including modifications to the previously approved plat, plans, and governing agreements which need to be memorialized. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Developer understands that certain elements of the development are eligible for City assistance through a Housing Tax Increment Financing (TIF) Agreement and understands those elements cannot be constructed until a separate Housing Tax Increment Financing (TIF) Agreement is finalized and approved. The specific Housing TIF eligible elements include: Fiber Conduit and Vaults, Curb underdrain, and Private Retaining Wall. Section 2. Developer acknowledges reviewing all applicable plats, plans, and governing agreements related to the 2006 approval for the development to identify differences between 2006 standards and current standards. Section 3. Unless otherwise stated herein or approved as part of a modified plan approval, Developer agrees to the terms, conditions, and approvals contained in the previous plats, plans, and governing agreements. Section 4. Developer shall dedicate public right-of-way as shown on Exhibit B as Lot A of Lot 25 of North Grandview Estates No. 2. Section 5. Developer shall receive an easement from City for the retaining wall necessary for street construction, which in 2006 did not encroach on City right-of-way but with changes in standards must now be larger and will encroach on public right-of-way. Section 6. Developer understands the City holds $175,001 to be put toward the construction of Helen Ridge Court from which Developer may request reimbursement for the construction of Helen Ridge Court as follows: Upon completion of the street base, curb, and gutter and first lift of asphalt on Helen Ridge Court, Developer shall obtain City inspection and approval and submit actual costs of construction for review. Upon approval, Developer shall be reimbursed for actual expenditures but not to exceed eighty-five percent (85%) of the funds held by the City. Upon completion of the second lift of asphalt Developer shall obtain City inspection and approval and submit actual costs of construction for review. Upon approval, Developer shall be reimbursed for actual expenditures, but not to exceed the remaining fifteen percent (15%) of the funds held by the City. Section 7. City shall televise the previously installed water and sewer utilities to identify any necessary repairs. City may arrange for repairs or reimburse Developer for actual costs of necessary repairs. Developer shall submit actual costs for review and approval by City. Section 8. Developer will install fiber conduit and vaults, curb underdrain, the larger retaining wall, and an entrance to a stub street off the Helen Ridge Court cul-de-sac as shown on Exhibit B as Lot A of Lot 25 of North Grandview Estates No. 2. to provide access to the Adjacent Property. Section 9. Developer shall provide a 3% inspection fee for all public improvements. Section 10. Developer shall provide 110% securities for all public improvements except for street improvements, for the maintenance period of 2 years. Section 11. Developer shall reimburse City for water and sanitary sewer installation as will be outlined in the Housing TIF Agreement. Section 12. Developer shall ensure Developer possesses clear title to the detention pond lots, and upon confirmation of clear title, shall deed detention pond lots to City. Section 13. Developer understands and acknowledges the retaining wall will remain privately owned by Developer or the Developer's successors, assigns and/or transferees, and the City takes no ownership or maintenance interest or obligation for the retaining wall. Section 14. Developer agrees: To reduce Helen Ridge Court (Lot A) to grade and to construct concrete curb and gutter and to hard surface with asphaltic concrete, or with concrete paving with integral curb and curb underdrain all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, in conformance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer; To install sanitary sewer service laterals and water service laterals to the Adjacent Property (Lot 2-1-1 of Mineral Lot 359), and storm sewers and catch basins, boulevard street lighting and metered lighting controller, fiber optic conduit and vaults, private retaining wall, curb ramps, and stub street extensions to Lot 2-1-1 of Mineral Lot 359, and erosion control devices all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, and in accordance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer; To construct said improvements, prior to two (2) years from the date of acceptance of this resolution, at the sole expense of the owners, or future owner; To construct storm water detention facilities in a manner acceptable to the City Engineer, in accordance with construction improvement plans approved by the City Engineer, prior to grading associated with the proposed streets; To maintain the above public improvements, for a period of two (2) years from the date of the acceptance of those improvements by the City of Dubuque, Iowa, at the sole expense of the owners, or future owner. However, this provision imposes no obligation on the owner or future owners to maintain the sanitary sewer service laterals, water service laterals, water main or sanitary sewer main excepting only the sanitary sewer service laterals and water service laterals to the Adjacent Property (Lot 2-1-1 of Mineral Lot 359); Section 15. That the City's residential street width standard is hereby waived to allow construction of Helen Ridge Court with 27-foot of paving and 42-foot of right-of-way. Parking on Helen Ridge Court shall be restricted to the north and west sides of the street. Section 16. Sidewalk installation shall be the responsibility of the owner abutting the public rights -of -way, including lots with multiple frontages, as required byCity Code 16- 11-16. The responsibility shall extend to all successors, heirs, and assignees. Sidewalk installation will not be required until the development of the lot has been completed, except as required herein. In sparsely developed subdivisions, sidewalks on developed lots will not be required until 50% of the lots approved by the plat have been developed. All vacant lots shall have sidewalks installed upon development of 80% of the lots approved by the plat. Section 17. The Developer will maintain the detention facilities constructed as part of North Grandview Estates Subdivision No. 2 until it has been fully completed and 80% of the sum of the platted lots in the entire North Grandview Estates No. 2 is fully developed and the remaining 20% of these lots have installed adequate erosion control measures as approved by the City. Upon the City's acceptance of the detention facility, the maintenance expenses incurred by the City of Dubuque for the storm water detention facility (lots 10 and 12) shall be assessed against the lot owners of North Grandview Estates No. 2, in equal amounts, and the City Manager shall certify such costs to the City Clerk, who in turn shall promptly certify such costs to the Dubuque County Treasurer, and such costs shall then be collected with and in the same manner as general property taxes in accordance with provisions of law. Section 18. That the final acceptance of all public improvements shall occur upon certification of the City Engineer to the City Council that all public improvements have been completed in accordance with the improvement plans and City standard specifications and accepted by City Council Resolution. Section 19. That in the event Developer fails to execute the acceptance and furnish the guarantees provided in Section 9 and 10 hereof within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. Section 20. This Agreement is subject to City approval of the Amended Plat as submitted by the Developer. Passed, approved, and adopted this 19t" day of January, 2021 Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 7. Acceptance of Sanitary Sewer Improvements across Part of Lot 1 of Sara S. and Edward R. Bartels Addition, in the City of Dubuque, Iowa: City Manager recommended acceptance of the public sanitary sewer improvements that the developer, Ichiban Realty, LLC, has recently completed across Part of Lot 1 of Sara S. and Edward R. Bartels Addition in the City of Dubuque, Iowa. Upon motion, the documents were received and filed, and Resolution No. 9-21 Accepting Public Sanitary Sewer Improvements across Part of Lot 1 of Sara S. and Edward R. Bartels Addition, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 9-21 ACCEPTING PUBLIC SANITARY SEWER IMPROVEMENTS ACROSS PART OF LOT 1 OF SARA S. AND EDWARD R. BARTELS ADDITION, IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to Sanitary Sewer Construction Agreement dated October 22, 2020, a copy of which is attached hereto, certain public improvements including sanitary sewer and appurtenances, were installed by Ichiban Realty, LLC; and Whereas, the improvements have been completed and the City Manager has examined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the improvements be accepted by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said public improvements across Part of Lot 1 of Sara S. and Edward R. Bartels Addition, in the City of Dubuque, Iowa, be and the same is hereby accepted. Section 2. That a maintenance guarantee covering said public improvements shall be provided by the owners, Ichiban Realty, LLC, for a period of two (2) years from the date of this resolution. Passed, approved and adopted this 19th day of January 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 8. Acceptance of Cedar Street Force Main Air Vacuum Release Valve Replacement Project: City Manager recommended acceptance of the public improvement contract for the Cedar Street Force Main Air Vacuum Release Valve Replacement Project, as completed by Tschiggfrie Excavating Co., in the final contract amount of $185,397.81. Upon motion, the documents were received and filed, and Resolution No. 10-21 Accepting the Cedar Street Force Main Air Vacuum Release Valve Replacement Project and authorizing the payment to the contractor was adopted. IN**6]11j1Eel kiIkiEels 100Al ACCEPTING THE CEDAR STREET FORCE MAIN AIR VACUUM RELEASE VALVE REPLACEMENT PROJECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR WHEREAS, the public improvement contract for the Cedar Street Force Main Air Vacuum Release Valve Replacement Project (the Project) has been completed by the Contractor, Tschiggfrie Company, Inc. (Contractor), the City Engineer has examined the work and recommends that the Project be accepted; and WHEREAS, the final contract amount for the Project is $185,397.81; WHEREAS, the Contractor has previously been paid $176,127.92, leaving a balance of $9,269.89; and WHEREAS, the City Council finds that the recommendation of the City Engineer should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved, and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $9,269.89 as provided in Iowa Code chapter 573, and to pay such retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved and adopted this 19th day of January 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF CEDAR STREET FORCE MAIN AIR VACUUM RELEASE VALVE REPLACEMENT PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Cedar Street Force Main Air Vacuum Release Valve Replacement Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $185,397.81. Dated this 13t" day of January 2021. Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 13t" day of January 2021. Adrienne N. Breitfelder, City Clerk 9. Acceptance of 2020 Pavement Marking Project: City Manager recommended acceptance of the construction contract for the 2020 Pavement Marking Project, as completed by Selco, Inc., in the final contract amount of $153,227.31, which is a 0.53% decrease from the original contract amount of $154,043.29. Upon motion, the documents were received and filed, and Resolution No. 11-21 Accepting the 2020 Pavement Marking Project and authorizing the payment to the contractor was adopted. RESOLUTION NO. 11-21 ACCEPTING THE 2020 PAVEMENT MARKING PROJECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR WHEREAS, the public improvement contract for the 2020 Pavement Marking Project, (the Project) has been completed by the Contractor, SELCO, Inc. (Contractor), the City Engineer has examined the work and recommends that the Project be accepted; and WHEREAS, the final contract amount for the Project is $153,227.31-1 WHEREAS, the Contractor has previously been paid $145,565.95, leaving a balance of $7,661.36; and WHEREAS, the City Council finds that the recommendation of the City Engineer should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved, and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $7,661.36 as provided in Iowa Code chapter 573, and to pay such retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved and adopted this 19t" day of January 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 10. Southwest Arterial / U.S. 52 Intelligent Transportation System Corridor — HDR Professional Service Agreement: City Manager recommended approval and authorization for the City Manager to execute a consultant Professional Service Agreement with HDR Engineering, Inc. to assist in providing design services for the development and implementation of an Intelligent Transportation System (ITS) along the Southwest Arterial / U.S. 52 Corridor. Upon motion, the documents were received and filed, and Resolution No. 12-21 Approving the Consultant Professional Services Agreement between the City of Dubuque and HDR Engineering, Inc. for the development and implementation of an Intelligent Transportation System (ITS) along the Southwest Arterial / U.S. 52 Corridor was adopted. RESOLUTION NO. 12-21 RESOLUTION APPROVING THE CONSULTANT PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DUBUQUE AND HDR ENGINEERING, INC. FOR THE DEVELOPMENT AND IMPLEMENTATION OF AN INTELLIGENT TRANSPORTATION SYSTEM (ITS) ALONG THE SOUTHWEST ARTERIAL / U.S. 52 CORRIDOR Whereas, with the Southwest Arterial / U.S. 52 completed and open to vehicular traffic, the City and Iowa DOT wish to jointly partner together to develop and implement an ITS network along the Southwest Arterial Corridor; and Whereas, the City and Iowa DOT entered into a Cooperative Funding Agreement (Agreement No. 2020-16-033) to develop and implement an ITS network along the Southwest Arterial Corridor; and Whereas, per the Agreement, the City will be responsible for the design and construction and the Iowa DOT shall reimburse the City for said costs; and Whereas, the City has selected HDR Engineering, Inc from the Iowa DOT's Traffic Operations On -Call consultant list to assist in providing design services for the development and implementation of an ITS network along the Southwest Arterial / U.S. 52 Corridor. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That said consultant Professional Service Agreement between the City and HDR Engineering, Inc. to assist in providing design services for the development and implementation of an Intelligent Transportation System (ITS) along the Southwest Arterial / U.S. 52 Corridor is hereby approved. Section 2. That the City Manager is hereby authorized and directed to execute two copies of said Professional Service Agreement between the City and HDR Engineering, Inc. to assist in providing design services for the development and implementation of an Intelligent Transportation System (ITS) along the Southwest Arterial / U.S. 52 Corridor. Passed, approved and adopted this 19th day of January 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 11. Adoption of Code of Ordinances Supplement No. 2020 S-2: City Clerk recommended adoption of Supplement No. 2020 S-2 to the City of Dubuque Code of Ordinances that codifies Ordinances Nos. 32-20 through 51-20. Upon motion, the documents were received and filed, and Resolution No. 13-21 Adopting Supplement No. 2020 S-2 to the Code of Ordinances of the City of Dubuque, Iowa was adopted. RESOLUTION NO. 13-21 ADOPTING SUPPLEMENT NO. 2020 S-2 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance No. 43-09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its entirety; and Whereas, since August 17, 2009 the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Ordinances; and Whereas, Section 380.8 of the Code of Iowa provides that supplements, by resolution, become part of the Code of Ordinances. Whereas, Code Supplements are prepared by the American Legal Publishing of Cincinnati, Ohio and filed in the Office of the City Clerk of the City of Dubuque, Iowa. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Supplement No. 2020 S-2 to the City of Dubuque Code of Ordinances, which codifies Ordinance Nos. 32-20 through 51-20 as approved by City Council through December 7, 2020 is hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque, Iowa. Passed, approved and adopted this 19t" day of January, 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 12. Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting: City Manager transmitted the notification of the City of Dubuque receiving the Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting for the 31st consecutive year. Upon motion, the documents were received and filed. 13. Iowa Department of Inspections and Appeals New Interagency Agreement: City Manager recommended approval of the renewal 28E Agreement with the Iowa Department of Inspections and Appeals for performance of food and hotel licensing, inspections, and enforcement with respect to retail food establishments. Council Member Sprank requested clarification on whether this agreement will change the nature of inspections due to COVID-19. City Manager Van Milligen stated that this renewal is a continuation of the City's annual agreement. Public Health Specialist Mary Rose Corrigan added that since this agreement is an extension of the current agreement, there are no changes to the inspection process. Motion by Resnick to receive, file, and approve the documents. Second by Sprank. Motion carried 7-0. 14. Growing Sustainable Communities Conference Management Contract with Travel Dubuque: City Manager recommended approval of a one-year conference management contract with Travel Dubuque to host the 2021 Growing Sustainable Communities Conference. Upon motion, the documents were received, filed, and approved. 15. Signed Contract(s): Public Improvement Contract: Asbury Road Fiber Optic Collaboration - Phase 1 Project. Upon motion, the documents were received and filed. 16. Alcohol License Applications: City Manager recommended approval of annual liquor, beer, and wine license applications as submitted. Upon motion, the documents were received and filed, and Resolution No. 14-21 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 was adopted. RESOLUTION NO. 14-21 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 Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and filed with the City Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City, and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Renewals :................................................................................................................................................................... . AMC Theatres Dubuque ........................................................................................................................................... 2835 NW Arterial ................................................................................................................................................................................................ . Class C Liquor (Sunday) 14 .............................................. .......................,........... Baymont Inn & Suites 4025 McDonald Dr. ...................................................... ....... ......... Class B Liquor (Outdoor) _ ................................................................................................................................................................. ........................................................................................................................................ ` (Sunday) _ ......................... .............. ............ Big 10 Mart 2100 J.F. Kennedy Class E Liquor, Class B Wine, ...............................................................................................................................................,..... Rd. ......... ......... Class C Beer Sunda .........................(....................................Y.)........................................................._. Brazen Open Kitchen 955 Washington St. Special Class C Liquor Bar ................................................................................................................................................................._ Suite #101 ! ........................................................................................................................................... (Outdoor __ .....)..................................................................................................................................... Dubuque Golf & Country 1800 Randall PI. Class C Liquor, Class B Wine Club .................................................................................................................................................................................................................................................................................................... Outdoor Sunda (......... ) ( Y)..........................................................................._ Hy-Vee #2 2395 NW Arterial Class E Liquor, Class B Wine, Class C Beer Sunda .................................(.................................... Y. )...... ................... Hy-Vee Clubroom 400 S. Locust St. Special Class C Liquor ................................................................................................................................................................._ ........................................................................... Sunday (.... .......................... .............. ............ Mario's Italian 1298 Main St. Class C Liquor, Class B Wine Restaurant and Lounge ...... g TownePlace Suites by 1151 Washington St. Special Class C Liquor, Class Marriott - Dubuque ...........................................................................................q.............................................................................................................................)........................................Y)................. B Wine (LivingQrts. Sunda New :...................................................................................................................................................................:...........................................................................................................................................:...............................................................................................................................................................................................: Noonan's Tap ...........................................................................................P.........................................................................................................................................................................................................................................................................................9.......................(..................................._Y.).................................... 1618 Central Ave. Class C Liquor Sunda Passed, approved, and adopted this 19t" day of January 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk ITEMS SET FOR PUBLIC HEARING City Council referenced citizen correspondence regarding Item Set For Public Hearing #2. Sale of City -Owned Property at 1293 Walnut, in which the citizen requested verification on whether the property will be owner -occupied. Responding to questions from the City Council, Housing and Community Development Director Alexis Steger stated that the property contains two lots, one currently vacant and the other containing a residence, and the property is intended to be owner -occupied. Ms. Steger stated she will provide the zoning classification of the property at the February 1, 2021, public hearing. Motion by Roussell to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Cavanagh. Motion carried 7-0. 1. Ehrlich Properties, L.L.C. Housing TIF Agreement (North Grandview Estates Housing Urban Renewal Area): City Attorney recommended the City Council set a public hearing for February 1, 2021 regarding the Ehrlich Properties, L.L.C. Housing TIF Agreement (North Grandview Estates Housing Urban Renewal Area). Upon motion the documents were received and filed, and Resolution No. 15-21 Intent to approve an Agreement between the City of Dubuque and Ehrlich Properties, L.L.C. and fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on the proposed reimbursement of Ehrlich Properties L.L.C. for certain infrastructure improvements as described in the agreement with Urban Renewal Tax Increment Revenue and providing for the publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on February 1, 2021 in the Historic Federal Building. RESOLUTION NO. 15-21 INTENT TO APPROVE AN AGREEMENT BETWEEN THE CITY OF DUBUQUE AND EHRLICH PROPERTIES, L.L.C. AND FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON THE PROPOSED REIMBURSEMENT OF EHRLICH PROPERTIES L.L.C. FOR CERTAIN INFRASTRUCTURE IMPROVEMENTS AS DESCRIBED IN THE AGREEMENT WITH URBAN RENEWAL TAX INCREMENT REVENUE AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, City and Ehrlich Properties, L.L.C. have entered into an Agreement, subject to the approval of the City Council, pursuant to which Ehrlich Properties, L.L.C. will cause certain infrastructure improvements to be constructed on and within Development Property as described in the Agreement; and Whereas, the City Council has tentatively determined that it would be in the best interests of City to approve the Agreement; and Whereas, the Agreement provides for reimbursement of Ehrlich Properties, L.L.C. payable from the tax increment revenues collected in respect of the improvements to be constructed in accordance with the Agreement, for the purpose of carrying out the objectives of an Urban Renewal Plan as described therein; and Whereas, before said reimbursement may be approved, Chapter 403 of the Code of Iowa requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meeting the City Council shall receive oral and/or written objections from any resident or property owner of said City to such proposed action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque intends to approve the proposed Agreement with Ehrlich Properties, LLC Section 2. The City Clerk is hereby authorized and directed to cause a notice to be published as prescribed by Iowa Code Section 403.9 of a public hearing to be held on the 1st day of February, 2021 at 6:30 p.m. in the form attached hereto. Section 3. The City Council will meet at said time and place for the purpose of acting on the matter of authorizing the execution of the Agreement with Ehrlich Properties, L.L.C., pursuant to and in accordance with the North Grandview Estates Housing Urban Renewal Area Economic Development District, including but not limited to the funding of reimbursement for improvements under the terms and conditions of the Agreement and said Urban Renewal Plan. It is expected that the aggregate amount of the reimbursements will not exceed $188,000. Section 4. The City Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four days nor more than twenty days before the date of said meeting. Section 5. That the notice of the proposed action shall be in substantially the form attached hereto. Passed, approved, and adopted this 19t" day of January, 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Sale of City -Owned Property at 1293 Walnut: City Manager recommended approval of a resolution declaring the City's intent to dispose of property at 1293 Walnut Street and setting the date for public hearing for February 1, 2021. Upon motion the documents were received and filed, and Resolution No. 16-21 Intent to dispose of an interest in City of Dubuque real estate, setting a time and place for hearing and providing for the publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6.30 p.m. on February 1, 2021 in the Historic Federal Building. RESOLUTION NO. 16-21 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE, SETTING A TIME AND PLACE FOR HEARING AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Dubuque, Iowa (City) owns 1293 Walnut (the Property) legally described as: The Easterly 150 feet of Lot 5 of the Subdivision of Out Lot 740 in the City of Dubuque, Iowa; and Lot 15 & the Northerly '/2 of Lot 14 in "F. E. Bissell's Dubuque, being the South half of Out Lot 740" in the City of Dubuque, Iowa, according to the recorded plats thereof; and WHEREAS, the City acquired the Property by petition as an abandoned property for the purpose of its restoration and re -sale for owner -occupied housing; and WHEREAS, the City received an offer to purchase this property from Affordable Housing Network, Inc; and WHEREAS, by accepting the selected offer the City's objectives of providing homeownership to an income qualified buyer and rehabilitation of a vacated home can be realized and is consistent with the City goal of creating opportunities for affordable home ownership. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa, proposes to dispose of its interest in the above described real estate to Affordable Housing Network, Inc for the sum of $1. Section 2. That the City Council shall conduct a public hearing on the proposed disposition of real estate in the City Council Chambers at the Historic Federal Building, 350 W. 6t" Street, Dubuque, Iowa on the 1st day of February 2021 beginning at 6:30 p.m. Section 3. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing in the form attached hereto, according to law. Passed, approved and adopted this 19t" day of January, 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk [Due to the ongoing COVID-19 pandemic, the City Council will meet virtually through GoToMeeting. The official agenda will be posted on Friday prior to the meeting and will contain listening, viewing, and public input options. The City Council agenda can be accessed at https://citvofdubugue.novusagenda.com/AgendaPubIic or by contacting the City Clerk's Office at 563-589-4100, ctyclerk(a)-cityofdubug ue.org.] BOARDS/COMMISSIONS Boards and Commission Applicant Review: Applicants were invited to address the City Council regarding their appointment to the following Boards/Commissions. 1. Building Code and Advisory Appeals Board: Seven, 3-Year terms and five alternate, 3-Year terms through January 1, 2024. Special experience and training qualifications: One member must be a residential construction professional; One member must be a commercial construction professional; One member must be an electrical construction professional; One member must be a plumbing construction professional; One member must be a heating, ventilation, and air conditioning (HVAC) construction professional; Two multidisciplinary representatives, which could be an architect, engineer, building designer, or general construction professional. Alternates: One alternate must be a residential construction professional; One alternate must be a commercial construction professional; One alternate must be an electrical construction professional; One alternate must be a plumbing construction professional; One alternate must be a heating, ventilation, and air conditioning (HVAC) construction professional. Applicants: (Note: all applicants qualify as a multidisciplinary representative in addition to the qualification listed by their name) Adam Brown, 686 S. Grandview Ave. (Qualifies as electrical construction professional or electrical construction professional alternate); Mitchell Haufe, 1233 Miller Rd. (Qualifies as electrical construction professional or electrical construction professional alternate); Daniel McNamer, 2891 Northridge Dr. (Qualifies as plumbing construction professional or plumbing construction professional alternate); Thomas Townsend, 1940 Amelia Dr. (Qualifies as electrical construction professional or electrical construction professional alternate); Katrina Wilberding, 3715 Asbury Rd. (Qualifies as a multidisciplinary representatives). Mr. Brown spoke in support of his appointment and provided a brief biography. Mayor Buol made note of correspondence received by Mr. Haufe and Mr. Townsend in favor of their appointments. 2. Housing Appeals and Mediation Board — Newly Amended Board: Three, 3-Year term through January 1, 2024 (Special experience and training qualifications: residents with an interest in fair and equitable housing with an emphasis on the balance of landlords, tenants, and other interested citizens.) Applicants: Mary Gotz, 1844 Bennett St. (Qualifies as a Landlord); Jeff Lenhart, 1274 Locust St. (Qualifies as a tenant); Gil Spence, 975 Grove Terr. (Qualifies as an interested citizen). 3. Human Rights Commission: One, 3-Year term through January 1, 2022 (Vacant term of Breitfelder) and One, 3-Year term through January 1, 2024 (Expiring term of Keeler). Applicants: Pamala Birch, 1550 Betterfield Rd.; Klanea Evans, 691 '/2 Lorimer St. This commission is subject to the State of Iowa Gender Balance Law. 9 Commissioners total; currently 3 males/3 females/3 vacancies 4. Long Range Planning Advisory Commission: One, 3-Year term through July 1, 2022 (Vacant term of Winterwood) and One, 3-Year term through July 1, 2023 (Vacant term of Peroski). Applicants: Justin Gross, 1225 Kelly Ln.; Mark Ward, 2758 Tiffany Crt. PUBLIC HEARINGS 1. Request to Rezone Dubuque Industrial Center, Chavenelle Road/Northwest Arterial: Proof of publication on notice of public hearing to consider approval of a request from Robert Hartig/Medical Associates to rezone property located at Dubuque Industrial Center, Chavenelle Road/Northwest Arterial from PI Planned Industrial district to C-3 General Commercial district, and Zoning Advisory Commission recommended approval. Motion by Cavanagh to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Planning Services Manager Wally Wernimont provide a staff report. Robert (Bob) Hartig, 1804 Creekwood Drive, spoke in support of the request and provided a brief description of the project. Staff stated that no public input was received regarding this item. Motion carried 7-0. Motion by Cavanagh for final consideration and passage of Ordinance No. 1-21 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying property described as Lot 1 Dubuque Industrial Center Second Add, all in the City of Dubuque, from PI Planned Industrial District to C-3 General Commercial District. Seconded by Jones. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 1-21 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING PROPERTY DESCRIBED AS LOT 1 DUBUQUE INDUSTRIAL CENTER SECOND ADD, ALL IN THE CITY OF DUBUQUE, FROM PI PLANNED INDUSTRIAL DISTRICT TO C-3 GENERAL COMMERCIAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafter —described property from PI Planned Industrial District to C-3 General Commercial District, to wit: Lot 1 Dubuque Industrial Center Second Add and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved and adopted this 19t" day of January, 2021. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 22nd day of January 2021. /s/Adrienne N. Breitfelder, City Clerk 2. Petition to Vacate a Portion of Flexsteel Way between Lots 4 and 5 in Dubuque Industrial Center South First Addition, in the City of Dubuque, Iowa For Vacating Petition (Simmons Pet Food Inc. Development Agreement): Proof of publication on notice of public hearing for approval of the vacation of a portion of Flexsteel Way between Lots 4 and 5 in Dubuque Industrial Center South First Addition, in the City of Dubuque, Iowa, and City Manager recommended approval. City Manager Van Milligen responded to a question from the City Council regarding renaming the street from Flexsteel Way to Simmons Way. Mr. Van Milligen stated that Simmons' Development Agreement contains a clause to rename the street. Once this petition to vacate is approved, the renaming of the street to Simmons Way will occur and will be on a future Council agenda. Motion by Jones to receive and file the documents and adopt Resolution No. 17-21 Vacating a portion of Flexsteel Way, in the City of Dubuque, Iowa, to be known as Lot 5A of Dubuque Industrial Center South First Addition, in the City of Dubuque, Iowa. Seconded by Cavanagh. Staff stated that no public input was received regarding this item. Motion carried 7-0. RESOLUTION NO. 17-21 RESOLUTION VACATING A PORTION OF FLEXSTEEL WAY, IN THE CITY OF DUBUQUE, IOWA, TO BE KNOWN AS LOT 5A OF DUBUQUE INDUSTRIAL CENTER SOUTH FIRST ADDITION, IN THE CITY OF DUBUQUE, IOWA Whereas, per Resolution No. 359-20 the City of Dubuque has entered into a development agreement with Simmons Pet Food, Inc. for the sale of City Owned property including a portion of the Flexsteel Way right of way between Lots 4 and 5 of Dubuque Industrial Center South First Addition; and Whereas, the City of Dubuque has requested the vacation of a portion of Flexsteel Way, originally platted as Lot C of Dubuque Industrial Center South First Addition, in the City of Dubuque, Iowa, in order to convey the property to Simmons per said development agreement; and Whereas, the City of Dubuque Engineering Department has prepared and submitted to the City Council a plat dated December 22, 2020 showing the proposed vacated area of Flexsteel Way between Lots 4 and 5 of Dubuque Industrial Center South First Addition, in the City of Dubuque, Iowa and assigned a lot number thereto, which hereinafter shall be known and described as Lot 5A of Dubuque Industrial Center South First Addition, in the City of Dubuque, Iowa; and Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 8t" day of January 2021, the City Council of the City of Dubuque, Iowa met by virtual means on the 19t" day of January 2021, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6t" Street, Dubuque, Dubuque County, Iowa to consider the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa, has determined that the proposed vacation of Lot 5A of Dubuque Industrial Center South First Addition, in the City of Dubuque, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 5A of Dubuque Industrial Center South First Addition, in the City of Dubuque, be and the same is hereby vacated. Passed, approved and adopted this 19t" day of January 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk PUBLIC INPUT Due to the COVID-19 pandemic and mandates for social distancing, public input was made available through GoToMeeting chat function, City Council and City Clerk email accounts, and the City of Dubuque's Facebook Live page. Staff stated that no online public input was received. ACTION ITEMS 1. Commission Recommended Actions for Analysis of Impediments to Fair Housing: City Manager transmitted recommendations from the Human Rights Commission, the Housing Commission and the Community Development Advisory Commission for prioritizations from the Analysis of Impediments to Fair Housing. Motion by Sprank to receive and file for staff for FY22 consideration. Point of order by Resnick that the item must first be removed from the table. City Attorney Brumwell confirmed that Council must first motion to remove the item from the table before they can take further action. Motion by Sprank to remove Commission Recommended Actions for Analysis of Impediments to Fair Housing from the table. Seconded by Resnick. Motion carried 7-0. City Council expressed interest in reviewing housing data as part of the Equitable Poverty Prevention Plan and Council goal setting. City Council expressed support of the inclusion of mobile home parks in the commissions' recommendations and appreciated the collaborative efforts of the commissions. Council Member Roussell asked if the motion needed to include adopting a resolution. Mayor Buol clarified that a resolution was not included with this item, and the suggested disposition for the item is to receive and file. Motion by Sprank to receive and file for staff for FY22 consideration. Seconded by Roussell. Motion carried 7-0. 2. Asbury Road Fiber Optic Collaboration — Phase 2 Project: City Manager recommended award of the Asbury Road Fiber Optic Collaboration — Phase 2 Project construction contract to the low bidder, TD&I Cable Maintenance in the amount of $226,691.66, which is 5.8% below the engineer's estimate. Responding to a question from the City Council, Civil Engineer Dave Ness stated that this project is a partnership with Alliant Energy and that the project supports the City's long-term goals of broadband expansion and connecting fiber infrastructure together. Motion by Resnick to receive and file the documents and adopt Resolution No. 18-21 Awarding Public Improvement Contract for the Asbury Road Fiber Optic Collaboration — Phase 2 Project. Seconded by Roussell. Motion carried 7-0. RESOLUTION NO. 18-21 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE ASBURY ROAD FIBER OPTIC COLLABORATION — PHASE 2 PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Whereas, sealed proposals have been submitted by contractors for the Asbury Road Fiber Optic Collaboration — Phase 2 Project, (the Project) pursuant to Resolution No. 376- 20 and Notice to Bidders published on the City of Dubuque, Iowa website and plan room service with statewide circulation on the 23rd day of December 2020. Whereas, said sealed proposals were opened and read on the 7th day of January 2021 and it has been determined that TD&I Cable Maintenance of Lakeland, MN, with a base bid plus alternate bids totaling in the amount of $226,691.66 is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to TD&I Cable Maintenance and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, adopted, and approved this 19t" day of January 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Proceedings to Amend the 2010G Stormwater Utility Revenue Capital Loan Notes (State Revolving Fund Loan) for a Rate Reset (Refinancing) — Lower Bee Branch Restoration Project: City Manager recommended approval of an amendment to the City Stormwater Utility Revenue State Revolving Fund (SRF) loan agreement entered into as of October 27, 2010. Motion by Jones to receive and file the documents and adopt Resolution No. 19-21 Approving and authorizing Amendment to Loan and Disbursement Agreement by and between the City of Dubuque and the Iowa Finance Authority, and authorizing and providing for the reissuance of the Stormwater Utility Revenue Capital Loan Note, Series 2010G (Rate Reset). Seconded by Resnick. Motion carried 7-0. RESOLUTION NO: 19-21 A RESOLUTION APPROVING AND AUTHORIZING AN AMENDMENT TO LOAN AND DISBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE AND THE IOWA FINANCE AUTHORITY, AND AUTHORIZING AND PROVIDING FOR THE REISSUANCE OF THE STORMWATER UTILITY REVENUE CAPITAL LOAN NOTE, SERIES 2010G (RATE RESET), OF THE CITY WHEREAS, the City of Dubuque (hereinafter the "Issuer") previously issued its Stormwater Utility Revenue Capital Loan Note, Series 2010G, dated October 27, 2010, in the amount of $7,850,000 (hereinafter the "Note") currently outstanding in the amount of $6,224,000, pursuant to a Loan and Disbursement Agreement between the Issuer and the Iowa Finance Authority, dated of like date (the "Agreement"), for the purpose of defraying the costs of the Project (as defined in the resolution authorizing issuance of the same (hereinafter the "Resolution")); and WHEREAS, the Iowa Finance Authority, as Original Purchaser and current holder of the Notes, has authorized a reduction in the interest rate on the Notes to 1.75%; and WHEREAS, an Amendment to the Loan and Disbursement Agreement (hereinafter the "Amendment") has been prepared to reflect said interest rate reduction, a copy of which is attached hereto as Exhibit A; and WHEREAS, pursuant to IRS regulations adoption of the Amendment constitutes a reissuance of the Notes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IN THE COUNTY OF DUBUQUE, STATE OF IOWA: Section 1. That the Resolution is hereby amended to reflect the interest rate reduction to 1.75% per annum on the outstanding principal amount from and after December 1, 2020 for the remainder of the life of the Notes. Section 2. That the Amendment in substantially in the form attached to this Resolution is hereby authorized to be executed and issued on behalf of the Issuer by the Mayor and attested by the City Clerk. Section 3. That the Supplemental Tax Certificate regarding the uses of proceeds and the system is hereby approved. The Director of Finance & Budget is directed to execute the same. Section 4. Except as amended herein, all of the other terms and conditions of the Resolution and Agreement are in all respects ratified, confirmed and approved and shall remain in full effect. PASSED AND APPROVED this 19th day of January 2020. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk COUNCIL MEMBER REPORTS Council Member Roussell reported on attending the NAACP Martin Luther King Jr. (MLK) Student Tribute. As part of the tribute, students in grades K-12 shared how their lives were positively impacted by MLK. Ms. Roussell also reported on attending the annual MLK breakfast on Monday, January 18 and encouraged everyone to attend next year's event. Council Member Jones reported on Council Member Lynch recently being elected as Chairman of the Board for the Dubuque Racing Association (DRA). The DRA also approved grants for charities at its recent meeting. Mr. Jones also reported on Ward 1 residents receiving a letter from one of the Ward 1 Special Election candidates that lists City Council as the return address. Mr. Jones stated that the letter was sent by the candidate, and that City Council is not associated with the letter in any way. Mr. Jones stated that any citizens who are concerned about the letter should express their concerns to the candidate who sent the letter. Council Member Cavanagh congratulated the Finance Department for their recent award on Excellence in Financial Reporting. Mr. Cavanagh reported that he also attended the MLK breakfast and that he looks forward to future breakfasts where the community can safely gather in -person. Mayor Buol wished everyone a Happy New Year and advised that citizens continue to practice public health measures including social distancing, wearing masks, and frequently washing hands. There being no further business, Mayor Buol declared the meeting adjourned at 7:57 p.m. /s/Adrienne N. Breitfelder City Clerk