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8 2 21 City Council Agenda_Special and RegularROLL CALL ORDER FOR MEETING OF August 2, 2021 Cavanagh, Roussell, Buol, Resnick, Sprank, Farber, Jones 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. August 2, 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 - 2021-2023 Equity Plan Projects Update City staff will present updates on the status of several projects that are part of the 2021-2023 City of Dubuque Equity Plan. REGULAR SESSION 6:30 PM PLEDGE OF ALLEGIANCE PRESENTATION(S) Iowa City/County Managers Association (IaCMA) 2021 Emerging Leader Award Presentation Dylan Mulfinger, City Administrator for the City of Oelwein, will present Assistant City Manager Cori Burbach with the Iowa City/County Managers Association (IaCMA) 2021 Emerging Leader Award. 2. COVID-19 Update Mary Rose Corrigan, Public Health Specialist for the City of Dubuque, will provide an update on the COVID-19 pandemic and response activities. PROCLAMATION(S) 1. Miracle League of Dubuque Day Proclamation (August 10, 2021) On behalf of Miracle League 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 7/19; Arts and Cultural Affairs Advisory Commission of 6/22 and 7/13; Five Flags Civic Center Advisory Commission of 5/3; Historic Preservation Commission of 6/17 and 7/15; Proof of Publication for City Council Proceedings of 7/6. Suggested Disposition: Receive and File 2. Notice of Claims and Suits Jennifer Avery for vehicle damage; Masud Hamid for personal injury; Mark and Diane Link 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: Jennifer Avery for vehicle damage; Mark and Diane Page 2 Link 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. Proceedings to Complete Action on Issuance of $3,505,000 Water Revenue Refunding Bonds, Series 2021C City Manager recommending approval of the suggested proceedings to complete the action required on the recent Series 2021C Water Revenue Refunding Bonds. RESOLUTION Appointing UMB Bank, N.A. of West Des Moines, Iowa, to serve as 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 A Series Resolution authorizing and providing for the issuance and securing the payment of $3,505,000 Water Revenue Refunding Bonds, Series 2021C, of the City of Dubuque, State of Iowa, under the provisions of the City Code of Iowa, and providing for a method of payment of the bonds Suggested Disposition: Receive and File; Adopt Resolution(s) 7. Transmission of Art on the River Opening Reception Programming Details City Manager transmitting information related to the opening reception for the Art on the River exhibition to be held on Friday, August 6 from 5:00 to 7:00 p.m. Suggested Disposition: Receive and File 8. Iowa State Fire Marshal Fireworks Grant Program Intent to Apply City Manager recommending approval to apply for the annual fireworks grant program from the Iowa State Fire Marshal in the amount of $57,000. Suggested Disposition: Receive and File; Approve 9. Radio Dubuque and Dubuque Jaycees 2022 Fireworks Request Correspondence from Perry Mason, General Manager for Radio Dubuque, and the Dubuque Jaycees requesting approval to conduct a fireworks display on Sunday, July 3, 2022 from 9:00 p.m. to 10:30 p.m. on Volunteer Road between Hawthorne Street and Lime street in conjunction with the closure of indicated streets and A.Y. McDonald Park as part of a special events request. The rain date is Monday, July 4, 2022. Suggested Disposition: Receive and File; Approve 10. Pre -Annexation Agreement - Katherine A. Kalb Trust City Manager recommending approval of a Pre -Annexation Agreement with the Katherine A. Kalb Trust Page 3 for property located at 9620 Monticello Drive 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 Katherine A. Kalb Trust Suggested Disposition: Receive and File; Adopt Resolution(s) 11. Dubuque Racing Association Depreciation and Improvement Fund Expenditure Request for Replacement of South Entrance Concrete City Manager recommending approval to spend $15,269 from the Depreciation and Improvement Fund to be used to replace the sidewalks at the casino south entrance due to settling. Suggested Disposition: Receive and File; Approve 12. Notice of Award and Approval to Execute Agreement for City of Dubuque AmeriCorps Program: Partners in Learning City Manager recommending approval for the City Manager to execute the AmeriCorps Partners in Learning Grant 21-AC-10. Suggested Disposition: Receive and File; Approve 13. 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) 14. Signed Contract(s) 2021 Docking Agreement with American Cruise Lines; Facility Use Agreement with Boys' and Girls' Club of Greater Dubuque; Amendment No. 1 to Professional Services Agreement with Origin Design Co. for the South Port Flood Control Levee Repair Project; Fifth Amendment to Facility Management Agreement with Platinum Hospitality Group, LLC. Suggested Disposition: Receive and File 15. Improvement Contracts / Performance, Payment and Maintenance Bonds Reed Construction for the Fire Station 6 External Stairwell Addition Project. Suggested Disposition: Receive and File; Approve 16. Multicultural Family Center Sidewalk Replacement Project (CIP 2602833, 3602742, 3001425, 3002142) City Manager recommending acceptance of the construction contract for the Multicultural Family Center Sidewalk Replacement Project, as completed by McDermott Excavating, in the final amount of $73,963.76. RESOLUTION Accepting the Multicultural Family Center Sidewalk Replacement Project and authorizing the final payment to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 17. Bee Branch Railroad Culvert Trail Project: CIP# 3401654, PROJECT# 4X0039; CIP# 7201654, PROJECT# 8X0144 City Manager recommending award of the construction contract for the Bee Branch Railroad Culvert Trail Project to the low bidder, Tricon General Construction, Inc., in the amount of $444,735, which is 0.75% below the engineer's estimate. Page 4 RESOLUTION Awarding the Public Improvement Contract for the Bee Branch Railroad Culvert Trail Project Suggested Disposition: Receive and File; Adopt Resolution(s) 18. Asbury Road Fiber Optic Collaboration Project Phase 1 - CIP 1002871 City Manager recommending acceptance of the construction contract for the Asbury Road Fiber Optic Collaboration Project Phase I, as completed by Utility Service Contractors, in the final contract amount of $79,145.14. RESOLUTION Accepting the Asbury Road Fiber Optic Collaboration Project Phase I and authorizing the payment to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 19. Asbury Road Fiber Optic Collaboration Project Phase 2 - CIP 1002871 City Manager recommending acceptance of the construction contract for the Asbury Road Fiber Optic Collaboration Project Phase 2, as completed by TD&I Cable Management, in the contract amount of $198, 549.65. RESOLUTION Accepting the Asbury Road Fiber Optic Collaboration — Phase 2 Project, and authorizing the payment to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 20. Asbury Road Fiber Optic Collaboration Project Phase 3 - CIP 1002871 City Manager recommending acceptance of the construction contract for the Asbury Road Fiber Optic Collaboration Project Phase 3, as completed by Utility Service Contractors, in the contract amount of $29, 530.42. RESOLUTION Accepting the Asbury Road Fiber Optic Collaboration — Phase 3 Project and authorizing the payment to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 21. Chaplain Schmitt Island Fiber Collaboration Project - CIP 1002871 City Manager recommending acceptance of the construction contract for the Chaplain Schmitt Island Fiber Collaboration Phase, as completed by Utility Service Contractors, in the contract amount of $143,412. RESOLUTION Accepting the Chaplain Schmitt Island Fiber Collaboration Project and authorizing the payment to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 22. Kaufmann Avenue Storm Sewer Improvement Project from Francis Street to North Main Street (CIP 2642769, PROJECT 1X0006, CIP 2642769, PROJECT 1X0005 and CIP 64042735) City Manager recommending acceptance of the public improvement contract for the Kaufmann Avenue Storm Sewer Improvement Project from Francis Street to North Main Street, as completed by Portzen Construction, Inc., in the contract amount of $1,739,281.62, which is a 2.14% decrease from the original contract amount of $1,777,262.50. RESOLUTION Accepting the Kaufmann Avenue Storm Sewer Improvement Project from Francis Street to North Main Street and authorizing the final payment to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 23. 2021 Stumps / Sidewalk Project One Page 5 City Manager recommending that the award for the 2021 Stumps/Sidewalk Project One be officially recorded in the minutes of the City Council. Suggested Disposition: Receive and File; Make Matter of Record 24. Liquor License Renewals City Manager recommending approval of annual beer, liquor and wine licenses 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 Suggested Disposition: Receive and File; Adopt Resolution(s) BOARDS/COMMISSIONS Boards and Commission Applicant Review Applicants are invited to address the City Council regarding their desire to serve on the following Boards/Commissions. Applicant appointments will be made at the next City Council meeting. Historic Preservation Commission One, 3-Year term through July 1, 2024 (Vacant term of Klavitter. Previously appointed applicant, John Link, is no longer able to serve the term.)* Applicant: Tim Gau, 2529 Windsor Ave. This commission is subject to the State of Iowa Gender Balance Law. 9 Commissioners total; currently 4 males/2 females/3 openings *Opening was advertised for 90 days while non -male identifying applicants were sought in adherence with Iowa Code 69.16A Gender Balance. Additional openings on the commission are being advertised for 90 days while non -male identifying applicants are sought in adherence with Iowa Code 69.16A Gender Balance. Housing Commission Three, 3-Year terms through August 17, 2024 (Expiring terms of Dalton, Weitz and Wooden) Applicants: Hilary Dalton, 1629 Washington St. Gail Weitz, 1630 Lori Ct. Sam Wooden, 1135 Rosedale Ave. Housing Trust Fund Advisory Committee One, 3-Year term through August 17, 2024 (Expiring term of Becwar) Applicant: Michelle Becwar, 2115 Coates St. 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. Simmons Pet Food, Inc.: Subordination of Consent Rights Under Development Agreement, Payment Direction and Estoppel Certificate Proof of publication on notice of public hearing to consider City Council approval of the subordination of Consent Rights under the Development Agreement with Simmons Pet Food, Inc., and City Manager recommending approval. Page 6 RESOLUTION Disposing of an interest in real property by Subordination of Consent Rights under Development Agreement, Payment Direction and Estoppel Certificate with Simmons Pet Foods, I nc. Suggested Disposition: Receive and File; Adopt Resolution(s) 2. Orchard Drive, Cider Ridge and Jonathan Drive Water Main Project 2021 Public Hearing Proof of publication on notice of public hearing to consider City Council approval of the plans, specifications, form of contract and estimated cost of $429,065 for Orchard Drive, Cedar Ridge and Jonathan Drive Water Main Project 2021, and City Manager recommending approval. RESOLUTION Approval of plans, specifications, form of contract, and estimated cost for the Orchard Drive, Cider Ridge, and Jonathan Dr. Water Main Project Suggested Disposition: Receive and File; Adopt Resolution(s) PUBLIC INPUT At this time, anyone in the Council Chambers may address the City Council on the Action Items on the agenda or on matters under the control of the City Council. 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. Request to Rezone Lot D of Rustic Point Estates (End of Lasso Court) - Quasi -Judicial Rezoning Request (Second Reading) Second reading of a proposed ordinance for 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. City Manager transmitting information on the floor plans and renderings of the proposed building for the Vintage Estates of Dubuque. 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 2. Fiscal Year 2022 Arts & Culture Operating Support Grant Funding Recommendation City Manager recommending City Council approval to fund nineteen arts and culture organizations through the Arts & Culture Operating Support Grants for Fiscal Year 2022. Suggested Disposition: Receive and File; Approve 3. Updated Fiscal Year 2022 Dollars & Cents Public Information Brochure City Manager providing a copy of the updated Fiscal Year 2022 Dollars & Cents public information brochure. Suggested Disposition: Receive and File 4. Request for Work Session: Imagine Dubuque Update Page 7 City Manager requesting the City Council schedule a work session on Monday, August 9, 2021, at 6:30 p.m. for an update on the Imagine Dubuque Comprehensive Plan. Suggested Disposition: Receive and File; Council 5. Request for Work Session: Project Hope Quarterly Update City Attorney requesting the City Council schedule a work session for Monday, September 20, 2021, at 5:00 p.m. for the quarterly update on Project Hope. Suggested Disposition: Receive and File; Council COUNCIL MEMBER REPORTS 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 8