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7 19 21 City Council Agenda - Special and RegularROLL CALL ORDER FOR MEETING OF July 19, 2021 Farber, Jones, Roussell, Sprank, Buol, Resnick, Cavanagh Viewing and Participation Options The public has the option to view and participate in the meeting in City Council Chambers or virtually. To comply with social distancing, capacity limits are in place in City Council Chambers and will require specific guidelines if maximum capacity is reached. If attending the meeting in -person, please review guidelines in chambers and abide by any directions given by City staff. The meeting will be aired live on CityChannel Dubuque (Mediacom cable channels 8 and 117.2), streamed live and archived on the City's website at www.cityofdubuque.org/media, and streamed live on the City's Facebook page at www.facebook.com/cityofdubuque. The public can provide in -person, audio, and written input during sections of the agenda where public input is accepted. It is strongly recommended that all members of the public who intend to provide in -person or virtual public input contact the City Clerk at least 24 hours prior to the meeting to provide notice of intent to provide public input. This will help City staff anticipate participation levels at the meeting. Contact the City Clerk at ctyclerk@cityofdubuque.org or 563-589-4100. For in -person input, please reference the instructions on speaking within the Consent Items, Public Hearing, and Public Input sections. Virtual input options during the live meeting include: • Log into GoToMeeting using the login links, phone numbers and access code below. This option includes audio input and written "chat" input. If you are participating via computer, indicate which item you would like to speak to in the Chat function, or note you would like to speak during the appropriate section. If you are participating via phone, indicate which item you would like to speak to when phone lines are unmuted. All phone lines will be unmuted during the Consent Items, 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 �[QF0 CITY OF DUBUQUE, IOWA [. <r CITY COUNCIL MEETING -, Historic Federal Building: 350 W. 6th Street - pr , Second -Floor Council Chambers. Virtual participation options are also available. Please see the information above for options. July 19, 2021 Page 1 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 1. 5:00 PM - Four Mounds Foundation Work Session Four Mounds Foundation staff will share information on their past, current and future work and initiatives. 2. 5:45 PM - Childcare Challenges and Progress Work Session Economic Development Director Jill Connors, along with several local childcare stakeholders/partners, will present an update on current challenges and progress to date to having sufficient quality, affordable childcare in Dubuque. REGULAR SESSION 6:30 PM PLEDGE OF ALLEGIANCE PRESENTATION(S) Eagles "Eyes on the Future" Citizens of the Year Award Michael Duehr, Chairman of the Eagles "Eyes on the Future" Committee, will present the Eagles "Eyes on the Future" Citizens of the Year Award to Michael and Nancy Van Milligen. PROCLAMATION(S) Main Street Public/Private Partnership Week Proclamation On behalf of Dubuque Main Street and Main Street America. 2. US Highway 20 Medal of Honor Highway Proclamation On behalf of American Legion Post 6 of Dubuque. 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. 1. Minutes and Reports Submitted City Council Proceedings of 7/6; Cable TV Commission of 5/12; Community Development Advisory Commission of 6/6; Zoning Advisory Commission of 7/7; Zoning Board of Adjustment of 6/24; Proof of Publication for City Council Proceedings of 6/21 and 6/23. Suggested Disposition: Receive and File 2. Notice of Claims and Suits Allison Lott for property damage; Janet Smith for property damage; Suggested Disposition: Receive and File; Refer to City Attorney 3. Disposition of Claims Page 2 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: Allison Lott for property damage; Janet Smith for property damage; Michael and Jane Thorne 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. Resolution Approving Fund Transfers for Capital Projects and Other Expense Reimbursements in Fiscal Year 2021 — Period 13 City Manager recommending approval of the suggested proceedings approving a transfer of funds for capital projects and other expense reimbursements. RESOLUTION Authorizing the Director of Finance and Budget to make the appropriate interfund transfers of sums and record the same in the appropriate manner for the FY 2021 for the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 6. Letter to Iowa Federal Legislators regarding Opportunity Zones City Manager providing a copy of a letter to be sent to Iowa Federal Legislators regarding the Opportunity Zone program. Suggested Disposition: Receive and File 7. Intent to Apply for 2021 JAG Justice Assistance Grant Application City Manager recommending approval to apply for the 2021 JAG Justice Assistant Grant Application. Suggested Disposition: Receive and File; Approve 8. First Amendment to Grant Agreement Between the City of Dubuque and K&L Leasing, LLC. for the Rehabilitation of 701 Bluff Street City Manager recommending approval of a First Amendment to Grant Agreement between the City of Dubuque and K&L Leasing, LLC. for rehabilitation of 701 Bluff Street, which extends the completion date to December 31, 2021. RESOLUTION Approving the First Amendment to Grant Agreement between the City of Dubuque, Iowa and K&L Leasing, LLC Suggested Disposition: Receive and File; Adopt Resolution(s) 9. First Amendment to Grant Agreement Between the City of Dubuque and HG APT, LLC for the Rehabilitation of 2887 Central Avenue City Manager recommending approval of a First Amendment to Grant Agreement between the City of Dubuque and HG APT, LLC for rehabilitation of 2887 Central Avenue, which extends the completion date to August 31, 2021. RESOLUTION Approving the First Amendment to Grant Agreement between the City of Dubuque, Iowa and HG APT, LLC Suggested Disposition: Receive and File; Adopt Resolution(s) 10. Fiscal Year 2022 Historic Resources Development Program (HRDP) Grant Agreement for Dubuque's Black Heritage Survey Page 3 City Manager recommending approval of the FY 2022 $30,000 grant agreement through the Historic Resources Development Program (HRDP) grant program to help the City undertake Dubuque's Black Heritage Survey. RESOLUTION Resolution approving HRDP Grant Agreement with the Iowa Department of Cultural Affairs for Dubuque's Black Heritage Survey Suggested Disposition: Receive and File; Adopt Resolution(s) 11. Preliminary Plat of Country View Estates Zoning Advisory Commission recommending approval of the Preliminary Plat of Country View Estates. Suggested Disposition: Receive and File; Approve 12. Pre -Annexation Agreement - Ronald W. and Jessalynn J. Breiner, Country View Estates City Manager recommending approval of a Pre -Annexation Agreement with Ronald W. and Jessalyn J. Breiner, property owners, for approximately 83.7 acres of property located along Hales Mill Road (Parcels # 1007200003, 1007200006, 1007300005, 1007300006, 1007400001, 1007400002, 1007400010) located within two miles of the City of Dubuque corporate limits. RESOLUTION Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Ronald W. and Jessalynn J. Breiner Suggested Disposition: Receive and File; Adopt Resolution(s) 13. Pre -Annexation Agreement — Genesis Three Holdings, LLC City Manager recommending approval of a Pre -Annexation Agreement with Genesis Three Holdings, LLC., for approximately 31 acre parcel located at 15016 Depot Ridge in Dubuque County, in conjunction with their request to connect to City water. RESOLUTION Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Genesis Three Holdings, LLC Suggested Disposition: Receive and File; Adopt Resolution(s) 14. Pre -Annexation Agreement - Mark J. McClain, Ridge View Acres City Manager recommending approval of a Pre -Annexation Agreement with Mark J. McClain, property owner, for approximately 23.78 acres of property located at the intersection of Derby Grange Road and Hales Mill Road, parcels 1007300011 and 1007400006 located within two miles of the City of Dubuque corporate limits. RESOLUTION Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Mark J. Mcclain Suggested Disposition: Receive and File; Adopt Resolution(s) 15. Final Plat of Ridge View Acres City Manager recommending approval of the final plat of Ridge View Acres. RESOLUTION Approving the Final Plat of Ridge View Acres in Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 16. Southwest Arterial Project: Dubuque County Intergovernmental 28E Funding Agreement Request to Approve Amendment No. 2 City Manager recommending authorization for the Mayor to execute Amendment No. 2 to the original 2013 Intergovernmental 28E Funding Agreement with Dubuque County for the Southwest Arterial Project. RESOLUTION Approving an Intergovernmental 28E Funding Agreement Amendment No. 2 between the City of Dubuque and Dubuque County for the Southwest Arterial Project Page 4 Suggested Disposition: Receive and File; Adopt Resolution(s) 17. Acceptance of a Grant of Easement for Water Main Utility over James L. Schneider and Sharon M. Schneider Property in Dubuque, Iowa, as part of the Simpson -Southgate Water Main Extension Project City Manager recommending acceptance of a Grant of Easement for Water Main Utility across James L. Schneider and Sharon M. Schneider property being part of the Lot 1-1-1 of Potterveld Place, in the City of Dubuque, Dubuque County, Iowa, as part of the Simpson -Southgate Water Main Extension Project. RESOLUTION Accepting a Grant of Easement for Water Main Utility through, over and across part of Lot 1-1-1 of Potterveld Place, in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 18. 2021 Pavement Marking Project (CIP 3002245) City Manager recommending award of the public improvement construction contract to the only bidder, SELCO, Inc., in the amount of $182,104.92, which is 7.8% under the engineer's estimate. RESOLUTION Awarding Public Improvement Contract for the 2021 Pavement Marking Project Suggested Disposition: Receive and File; Adopt Resolution(s) 19. Chavenelle Road Water Valve Project City Manager recommending that the award for the Chavenelle Road Water Valve Project be officially recorded in the minutes of the City Council. Suggested Disposition: Receive and File; Make Matter of Record 20. Wood Street Sanitary / Water Project City Manager recommending that the award for the Wood Street Sanitary/Water Project be officially recorded in the minutes of the City Council. Suggested Disposition: Receive and File; Make Matter of Record 21. Snow Removal Assessment City Manager recommending City Council approval of a resolution providing for the establishment of the final assessments for the 2020-2021 Snow Removal from City Right -of -Way. RESOLUTION Adopting the Final Assessment Schedule for the 2020 — 2021 Snow Removal Assessment — Right -Of -Way Obstruction Removal Assessment Project Suggested Disposition: Receive and File; Adopt Resolution(s) 22. Signed Contract(s) American Queen Steamboat Company Inc. for Docking Agreement at the Port of Dubuque - American Trust River's Edge Plaza; Celebration Belle for Docking Agreement at Port of Dubuque - Alliant Plaza Docking Facility; Robin Dodd for management of Miller Riverview Park and Campground and Dubuque Water Sports Club; Morton Salt, Inc for Public Works Ice Control Road Salt; W HKS & Co. for the Burlington and National Water Main Replacement Project 2021. Suggested Disposition: Receive and File 23. Housing and Community Development Director Alexis Steger featured in bizTimes City Manager providing a copy of the July 2021 issue of bizTimes in which Housing and Community Development Director Alexis Steger is featured. Suggested Disposition: Receive and File 24. Alcohol and Tobacco License Applications City Manager recommending approval of annual liquor, beer, wine and tobacco license Page 5 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. 1. Simmons Pet Food, Inc.: Subordination of Consent Rights Under Development Agreement, Payment Direction and Estoppel Certificate City Manager recommending that a public hearing be set for August 2, 2021 to consider City Council approval of the Subordination of Consent Rights under the Development Agreement with Simmons Pet Food, Inc. RESOLUTION Intent to dispose of an interest in real property by Subordination of Consent Rights Under Development Agreement, Payment Direction and Estoppel Certificate with Simmons Pet Foods, Inc. Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for August 2, 2021 2. Orchard Drive, Cider Ridge and Jonathan Dr. Water Main Project 2021: Initiate Public Bidding and Set the Public Hearing Date City Manager recommending initiation of the public bidding procedure for the Orchard Drive, Cider Ridge and Jonathan Drive Water Main Project 2021, and further recommends that a public hearing be set for August 2, 2021. RESOLUTION 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 August 2, 2021 BOARDS/COMMISSIONS Boards and Commission Appointments Appointments to the following commissions to be made at this meeting. Community Development Advisory Commission One, 3-Year term through February 15, 2024 (Vacant term of Wainwright) Applicant: Danita Grant, 2479 LaVista Ct. Mayoral Appointment Library Board of Trustees One, 4-Year term through July 1, 2025 (Expiring term of Gorton) Applicant: Greg Gorton, 1295 Prairie St. This commission is subject to the State of Iowa Gender Balance Law. 7 Commissioners total, currently 2 males/4 females/1 openings Page 6 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 Lot D of Rustic Point Estates (End of Lasso Court) - Quasi -Judicial Rezoning Request Proof of publication on notice of public hearing to consider City Council approval of a request from Buesing and Associates, Inc. to rezone property located at Lot D of Rustic Point Estates (End of Lasso Court) from R-1 Single -Family Residential to PUD Planned Unit Development with a PR Planned Residential designation to accommodate a 35-unit single-family residential development, and Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, rezoning a portion of Lot D Rustic Point Estates Subdivision from R-1 Single Family Residential District to PUD Planned Unit Development with a PR Planned Residential Designation for the Vintage Estates of Dubuque Development Suggested Disposition: Receive and File; Motion B; Motion A PUBLIC INPUT At this time, anyone in the Council Chambers may address the City Council on the Action Items on the agenda or on matters under the control of the City Council. 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 I nput 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. Chavenelle Road - Northwest Arterial to Radford Road Reconstruction Project City Manager recommending award of the construction contract to the low bidder, Horsfield Construction, Inc., in the amount of $1,864,873.50, which is 29.35% under the estimate of probable cost. RESOLUTION Awarding Public Improvement Contract for the Chavenelle Road — NW Arterial to Radford Road Reconstruction Project Suggested Disposition: Receive and File; Adopt Resolution(s) 2. City Utility Bill Delinquency, Returning to Normal Operations City Manager recommending a process to use federal American Rescue Plan Act (ARPA) funds to assist with certain overdue City utility accounts and return the Water/City Utility Billing Department to normal operations. Suggested Disposition: Receive and File; Approve 3. Rebuilding America's Infrastructure with Sustainability and Equity (RAISE) Infrastructure Planning Grant Application City Manager recommending approval to submit a $2,112,000 application to the U.S. Department of Transportation for the Rebuilding America's Infrastructure with Sustainability and Equity (RAISE) Infrastructure Planning Grant to assist with the planning and design of a multimodal transportation corridor project for proposed improvements to the Elm Street corridor, the 16th Street corridor, and the proposed 14th Street Railroad Overpass bridge project. Page 7 RESOLUTION Approving application for Rebuilding America's Infrastructure with Sustainability and Equity (RAISE) Grant Funding for the planning and design of a Multimodal Transportation Corridor Project for proposed improvements to the Elm Street Corridor, 16th Street Corridor and the proposed 14th Street Railroad Overpass Project Suggested Disposition: Receive and File; Adopt Resolution(s) 4. Intent to Apply for National Endowment for the Arts American Rescue Plan Local Arts Agencies for Subgranting Funding Program City Manager recommending approval to submit a $500,000 grant application to the National Endowment for the Arts (NEA) American Rescue Plan (ARP) Local Arts Agencies for Subgranting funding program. Suggested Disposition: Receive and File; Approve 5. Fiscal Year 2022 Arts & Culture Special Projects Grant Funding Recommendation City Manager recommending City Council concurrence with the Arts & Cultural Affairs Advisory Commission's recommendations to fund the FY2022 Special Project grant applications Suggested Disposition: Receive and File; Concur 6. Agreement with Community Solutions of Eastern Iowa for Rapid Rehousing City Manager recommending City Council approval of an Agreement with Community Solutions of Eastern Iowa for an expanded Rapid Rehousing Program with CARES Act funds allocation of $163,968. RESOLUTION Approving an Agreement with Community Solutions of Eastern Iowa for the Rapid Rehousing Program Suggested Disposition: Receive and File; Adopt Resolution(s) 7. Proceedings for Directing Sale of $3,720,000 Water Revenue Refunding Bonds, Series 2021C and Awarding Bonds to Best Bidder City Manager recommending City Council approval of the suggested proceedings for directing sale of the $3,720,000 Water Revenue Refunding Bonds, Series 2021C and awarding bonds to the best bidder. RESOLUTION Directing Sale of $3,720,000* (subject to adjustment per terms of offering) Water Revenue Refunding Bonds, Series 2021C RESOLUTION Authorizing the redemption of outstanding Water Revenue Bonds, Series 2008D, of the City of Dubuque, State of Iowa, dated November 4, 2008, and directing notice be given RESOLUTION Authorizing the redemption of outstanding Water Revenue Bonds, Series 2010D, of the City of Dubuque, State of Iowa, dated September 21, 2010, and directing notice be given Suggested Disposition: Receive and File; Adopt Resolution(s) 8. June 2021 Bee Branch Creek Railroad Culverts Project Update Video The Public Information Office will show a video of the Bee Branch Creek Railroad Project. Link to video: https:Hyoutu.be/xk-UcT04H7M Suggested Disposition: Receive and File; Video COUNCIL MEMBER REPORTS CLOSED SESSION Page 8 Pending Litigation and Purchase or Sale of Real Estate — Chapter 21.5(1)(c),(j) Code of Iowa ADJOURNMENT The agenda with supporting documents may be accessed at www.cityofdubuque.org or at the City Clerk's Office, 50 W. 13th Street, during regular business hours. This notice is given pursuant to Chapter 21, Code of Iowa, and applicable local regulations of the City 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. /s/Adrienne N. Breitfelder City Clerk Page 9