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9 20 21 City Council Agenda - Special and RegularR O LL C AL L O R D E R F O R ME E TIN G O F September 20, 2021 Jones, R esnick, Farber, Buol, C avanagh, S prank, R oussell Viewing and Participation O ptions The public has the option to view and par ticipate in the meeting in C ity Council C hambers or vir tually. To comply with social distancing, capacity limits are in place in C ity Council Chamber s and will require specific guidelines if maximum capacity is reached. If attending the meeting in-person, please r eview guidelines in chamber s and abide by any directions given by city staff. The meeting will be air ed live on CityChannel Dubuque (Mediacom cable channels 8 and 117.2), str eamed live and archived on the City’s website at www.cityofdubuque.or g/media, and str eamed live on the City’s Facebook page at www.facebook.com/cityofdubuque. The public can provide in-per son, audio, and wr itten input dur ing sections of the agenda where public input is accepted. It is strongly r ecommended that all member s of the public who intend to pr ovide in-person or virtual public input contact the City C ler k at least 24 hour s prior to the meeting to provide notice of intent to provide public input. This will help C ity staff anticipate participation levels at the meeting. C ontact the C ity Clerk at ctyclerk@cityofdubuque.org or 563-589-4100. For in-person input, please reference the instructions on speaking within the Consent Items, P ublic Hear ing, and P ublic Input sections. Virtual input options during the liv e me e ting include : Log into GoToMeeting using the login links, phone number s and access code below. This option includes audio input and written “chat” input. If you ar e par ticipating via computer, indicate which item you would like to speak to in the Chat function, or note you would like to speak dur ing the appropr iate section. If you are participating via phone, indicate which item you would like to speak to when phone lines ar e unmuted. All phone lines will be unmuted dur ing the C onsent Items, P ublic Hear ings, and Public Input per iods, and C ity staff will deter mine the speaking or der of attendees who would like to speak. All comments, whether audio or wr itten, must be accompanied by a name and addr ess. P lease 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 pr ior to or dur ing the meeting by: Contacting the City C ouncil directly from the City’s webpage at www.cityofdubuque.org/councilcontacts Thr ough the C ity Clerk’s O ffice email at ctyclerk@cityofdubuque.org C ITY O F D U B U Q U E, IO W A C IT Y C O U N C IL ME E T IN G H istoric Federal Building: 350 W . 6th Street - Second-Floor Council C hambers. Vir tual par ticipation options are also available. Please see the infor mation above for options. September 20, 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 W O R K SESSIO N 1.5:00 P M - Pr oject H O P E Quarterly U pdate Peter S upple from the C ommunity Foundation of Greater Dubuque will be presenting a quarterly report on Project HOP E’s ongoing work. 2.5:30 P M - D ubuque Regional Air port Master Plan Airport staff and Coffman and Associates representatives will give a presentation on the Dubuque Regional A irport Master P lan. R E G U L AR S E S S IO N 6:30 P M P LED G E O F ALL E G IAN C E P R O C L AMATIO N (S ) 1.N ational R ail S afety W eek P roclamation (September 20-26, 2021) On behalf of C N and the C ity of D ubuque Engineering D epartment. C O N S E N T ITEMS The c onsent agenda items are considered to be routine and non-c ontroversial and all consent items will be normally voted upon in a single motion without any separate disc ussion on a partic ular item. I f you would like to discuss one of the C onsent I tems, please go to the microphone and be recognized by the May or and state the item y ou would like removed from the Consent Agenda for separate disc ussion and consideration. 1.Minutes and Reports Submitted C ity Council proc eedings of 9/7; Library B oard of Trustees Update of 8/26; Zoning A dvisory C ommission of 9/1; Zoning B oard of A djustment of 8/26; P roof of public ation for C ity Council proc eedings of 8/23, 8/24, and 8/25. Suggested D isposition: R eceive and File 2.N otice of C laims and Suits Lisa D elaney for vehic le damage; Suzan Taliaferro for personal injury. Suggested D isposition: R eceive and File; R efer to City Attorney 3.D isposition of C laims C ity Attorney advising that the following c laims have been referred to P ublic Entity Risk Servic es of I owa, the agent for the I owa C ommunities A ssuranc e P ool: Lisa D elaney for vehic le damage; Suzan Taliaferro for personal injury. Suggested D isposition: R eceive and File; C oncur 4.Appr oval of C ity E xpenditures C ity Manager rec ommending C ity Council approval for payment of City expenditures. R E S O L U T IO N A uthorizing the D irec tor of Financ e and B udget/C ity Treasurer to make certain pay ments of bills that must be paid and approved for payment in acc ordance with City proc edures Page 2 Suggested D isposition: R eceive and File; Adopt R esolution(s) 5.R esolution Approving Fund Tr ansfers for P ar king O per ating and Capital Deficit C ity Manager rec ommending approval of the suggested proceedings approving a transfer of funds from the Greater D owntown Tax I nc rement Financ ing Spec ial Revenue Fund to the P arking Operating and C apital Funds for the defic its c aused by C OV I D-19 in Fisc al Years 2020 and 2021. R E S O L U T IO N Authorizing the Director of Finance and Budget to make the appropriate interfund transfers of sums and rec ord the same in the appropriate manner for the FY 2021 for the C ity of D ubuque, I owa Suggested D isposition: R eceive and File; Adopt R esolution(s) 6.Final P lat of Cedar R idge Farm P lace No. 19 Zoning Advisory Commission recommending approval of the Final P lat of Cedar Ridge Farm Plac e No. 19 subject to waiving the lot frontage requirement for Lot 1 and Lot 2. R E S O L U T IO N A pproving the Final Plat of: Cedar Ridge Farm Plac e No. 19, C ity of D ubuque, Dubuque C ounty, I owa Suggested D isposition: R eceive and File; Adopt R esolution(s) 7.Pr e-Annexation Agreement - S pencer J. and Emily A. Bir kenholz C ity Manager rec ommending approval of a P re-Annexation A greement with S penc er J . and E mily A. Birkenholz, property owners, for property loc ated at 10121 Timothy S treet in D ubuque C ounty, in c onjunc tion with their request to connec t to C ity water. R E S O L U T IO N Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and Spencer J. and Emily A. Birkenholz Suggested D isposition: R eceive and File; Adopt R esolution(s) 8.Pr e-Annexation Agreement - Nicholas and K aylyn Hoffmann C ity Manager rec ommending approval of a P re-Annexation A greement with Nicholas and K ay ly n Hoffmann, property owners, for property loc ated at 9970 Four Sisters C ourt in D ubuque C ounty, in c onjunc tion with their request to connec t to C ity water. R E S O L U T IO N Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and Nicholas and Kaylyn Hoffmann Suggested D isposition: R eceive and File; Adopt R esolution(s) 9.Intent to Apply for 2021-2022 ML K D ay of Service Gr ant C ity Manager rec ommending approval to apply for the 2021-2022 MLK D ay of S ervice Grant in the amount of $10,000. Suggested D isposition: R eceive and File; Approve 10.Intent to Apply for Iowa Tourism Gr ant C ity Manager rec ommending approval to apply for an Iowa Tourism Grant in the amount of $10,000. Suggested D isposition: R eceive and File; Approve 11.Intent to Apply for Iowa Arts C ouncil American Rescue P lan Ar ts G rant to O rganizations C ity Manager requesting approval to apply for the I owa A rts C ounc il Americ an Recue P lan Arts Grant to Organizations in the amount of $20,000. Suggested D isposition: R eceive and File; Approve Page 3 12.Pr oposed D owntown R ehabilitation G rant Awar d for 2900 C entr al Avenue C ity Manager rec ommending approval of a Downtown Rehabilitation Loan Program Grant Award to Dub J ones Real Estate, L L C for rehabilitation of 2900 C entral Avenue in the maximum amount of $10,000 for faç ade improvement and Planning & Design grant at $10,000 maximum. R E S O L U T IO N Approving a Grant Agreement between the City of Dubuque, I owa and D ub J ones Real Estate, L L C for the redevelopment of 2900 C entral Avenue Suggested D isposition: R eceive and File; Adopt R esolution(s) 13.2021 S tumps / S idewalk Pr oject Two C ity Manager rec ommending that the award for the 2021 Stumps / Sidewalk Project Two be officially recorded in the minutes of the City C ounc il. Suggested D isposition: R eceive and File; Make Matter of R ecord 14.B ee B ranch Railroad C ulvert Trail Pr oject: Land & W ater Conser vation Fund Gr ant, Pr oject Agreement City Manager recommending approval of a resolution authorizing execution of the Project Agreement between the Iowa Department of Natural Resources, the Land & Water Conservation Fund, and the City in order to secure the use of $175,000.00 in a Land & Water Conservation Fund grant for the Bee Branch Railroad Culverts Trail Project. R ES OLUTI ON Approving a Federal Land & Water Conservation Fund Program Project Agreement between the Iowa Department of Natural Resources, the Land & Water Conservation Fund, and the City of Dubuque, Iowa for the Bee Branch Creek Trail Connector Project Suggested D isposition: R eceive and File; Adopt R esolution(s) 15.Pe nnsy lv ania Avenue R ight of W ay Platting C ity Manager rec ommending approval of the A cquisition P lat of Lot 2A of Dubuque I ndustrial Center North Third A ddition in the City of Dubuque, whic h provides additional right-of-way for future improvements to P ennsy lvania Avenue. R E S O L U T IO N Approving the A cquisition P lat of Lot 2A of Dubuque I ndustrial Center North Third Addition in the C ity of D ubuque, I owa Suggested D isposition: R eceive and File; Adopt R esolution(s) 16.16th & K er per Peosta C hannel B ridge Fiber C ollabor ation P roject City Manager recommending acceptance of the construction contract for the 16th & Kerper Peosta Channel Bridge Fiber Collaboration Project, as completed by McDermott Excavating, in the final contract amount of $90,823.13 which is a 3.7% increase from the original contract amount of $87,465.88. R E S O L U T IO N Ac cepting the 16th & Kerper Peosta C hannel Bridge Fiber C ollaboration P rojec t and authorizing the pay ment to the c ontrac tor Suggested D isposition: R eceive and File; Adopt R esolution(s) 17.Signed C ontract(s) Vendor Servic e Agreement with Hawkins I nc. for the Eagle P oint W ater Plant Sodium Hypoc hlorite; Seventh A mendment to Facility Management A greement with P latinum Hospitality Group, LLC. Suggested D isposition: R eceive and File 18.Improvement C ontracts / Performance, P ayment and Maintenance Bonds Temperley Excavating, I nc . for the J onathan Lane, Cider Ridge and Orc hard Drive W ater Main Replac ement. Suggested D isposition: R eceive and File; Approve Page 4 19.Iowa D epartment of Public H ealth (ID P H ) C hildhood Lead Poisoning and H ealthy Homes Funding and Agreement with the Visiting Nur se Association (V N A) and the D ubuque C ounty Board of Health C ity Manager rec ommending approval of a contract with the Dubuque County B oard of Health and the I owa D epartment of P ublic Health for c ontinued funding of the Childhood Lead Poisoning Prevention Program and a renewed agreement with the Visiting Nurse Association for services related to the C hildhood Lead P oisoning P revention Program and Healthy Homes P rogram. Suggested D isposition: R eceive and File; Approve 20.C ity Tow C ontract C ity Manager rec ommending award of the F Y2022-FY 2025 C ity of D ubuque Tow Contract to W enzel Towing. Suggested D isposition: R eceive and File; Approve 21.S R O and D AR E Contr acts for 2021-2022 S chool Year C ity Manager rec ommending approval of the Sc hool Resource Officer (S RO) and D A RE C ontrac ts between the C ity of D ubuque and the Dubuque Community S chool Distric t (D C S D ) for the C Y 2021- 2022 school year. Suggested D isposition: R eceive and File; Approve 22.Iowa D epartment of Tr ansportation Lease Agreement at Jule Operations and Training C enter C ity Manager rec ommending approval to extend the lease agreement with the I owa D epartment of Transportation for use of the C D L Course at the J ule Operations and Training C enter for C ommercial D river ’s License testing through A ugust 31, 2022. Suggested D isposition: R eceive and File; Approve 23.Pr oposed Amendment to Master C o-Location and S har ed S er vices B etween the C ity of D ubuque and Interstate power and Light C ity Manager rec ommending approval of Amendment 6 to the Master C o-loc ation and S hared Servic es Agreement with I nterstate P ower and Light (I P L) for installation of a shared fiber c onduit route within the C ity of D ubuque. Suggested D isposition: R eceive and File; Approve 24.Pr oposed Amendment to Master C o-Location and S har ed S er vices B etween the C ity of D ubuque and Interstate Power and Light C ity Manager rec ommending approval of Amendment 7 to the Master C o-loc ation and S hared Servic es Agreement with I nterstate P ower and Light (I P L) for purc hase of a c onduit sy stem whic h crosses the I owa and W isc onsin B ridge over the Mississippi River. Suggested D isposition: R eceive and File; Approve 25.Liquor License Renewals C ity Manager rec ommending approval of annual beer, liquor and wine lic enses as submitted. R E S O L U T IO N Approving applications for beer, liquor, and/or wine permits, as required by C ity of D ubuque C ode of Ordinances Title 4 Business and Lic ense Regulations, C hapter 2 Liquor C ontrol, Artic le B Liquor, B eer and W ine Licenses and Permits Suggested D isposition: R eceive and File; Adopt R esolution(s) B O AR D S/C O MMIS S IO N S 1.B oar ds and Commission Appointments Appointments to the following c ommissions to be made at this meeting. Page 5 Air port Commission Two, 4-Year terms through September 14, 2025 (Expiring terms of B rotherton and K urtz- W eber) Applicants: D ouglas B rotherton, 2823 Hickory Hill D r. Marianne Kurtz-W eber, 955 Prince Philip D r. This commission is subject to the State of I owa Gender Balance Law. 5 Commissioners total; currently 1 male/2 females/2 openings B uilding C ode Advisor y and Appeals B oar d One, 3-Year term through J anuary 1, 2024 (Vacant HVA C Construction P rofessional term of Swift) Applicant: C orey Valaskey, 1385 A lta Vista (A pply ing for HVA C Construction P rofessional) H istor ic P reservation Commission One, 3-Year term through J uly 1, 2024 (Vacant term of Doyle)* Applicant: W illiam Doyle, 1591 W hite St. This c ommission is subjec t to the S tate of I owa Gender B alance Law. 9 Commissioners total; currently 5 males/2 females/2 openings *Opening was advertised for 90 days while non-male identifying applicants were sought in adherence with I owa Code 69.16A Gender Balance. Additional openings on the commission are being advertised for 90 days while nonmale identifying applicants are sought in adherence with I owa Code 69.16A Gender Balance. H ousing Trust Fund Advisory C ommittee One, 3-Year term through A ugust 17, 2024 (Expired term of Holz) Applicant: J ames Holz, 3010 I ndiana Ct. Long R ange Planning Advisory C ommission One, 3-Year term through J uly 1, 2024 (Vacant term of P regler) Applicant: Beth Mc Grath, 2575 Saint Anne D rive P U B L IC H E AR IN G S Citiz ens are invited to address the C ity Council r egarding 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 consider ed. 1.Amend the U nified D evelopment C ode to allow Registered C hild D evelopment H ome as a permitted use in Office, C ommer cial, and Industrial z oning districts Proof of publication on notice of public hearing to consider City C ounc il approval of a request from the City of Dubuque to amend the Unified Development C ode to allow Registered Child D evelopment Home as a permitted use in Office, Commerc ial, and I ndustrial zoning districts, and Zoning Advisory Commission recommending approval. ORDI NANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by amending Chapter 16-2-3, Definitions, to add a definition of Registered Child Development Home, and by amending Articles 16-5-7 (OR), 16-5-8 Page 6 (OS), 16-5-9 (OC), 16-5-10 (C-1), 16-5-11 (C-2), 16-5-12 (C-2A), 16-5-13 (C-3), 16-5- 14 (C-4), 16-5-15 (C-5), 16-5-16 (CS), 16-5-17 (CR), 16-5-18 (LI), 16-5-19 (HI), and 16-5-20 (MHI) by adding Registered Child Development Home to the list of permitted uses Suggested D isposition: R eceive and File; Motion B; Motion A 2.R esolution of Adoption for the Amended and Restated Ur ban Renewal P lan for the D ubuque Industrial C enter E conomic D evelopment D istr ict Ur ban Renewal P lan, Ver sion 2021.4 Proof of publication on notice of public hearing to consider City C ounc il approval of an Amended and Restated Urban Renewal P lan for the Dubuque I ndustrial Center Ec onomic D evelopment Distric t, Version 2021.4, and C ity Manager rec ommending approval. R E S O L U T IO N Approving the A mended and Restated Urban Renewal Plan, Version 2021.4, for the D ubuque I ndustrial C enter E conomic D evelopment Distric t Suggested D isposition: R eceive and File; Adopt R esolution(s) 3.R esolution of Adoption for the Amended and Restated Ur ban Renewal P lan for the D ubuque Industrial C enter E conomic D evelopment D istr ict Ur ban Renewal P lan, Ver sion 2021.5 Proof of publication on notice of public hearing to consider City C ounc il approval of an Amended and Restated Urban Renewal P lan for the Dubuque I ndustrial Center Ec onomic D evelopment Distric t, Version 2021.5, and C ity Manager rec ommending approval. R E S O L U T IO N Approving the A mended and Restated Urban Renewal Plan, Version 2021.5, for the D ubuque I ndustrial C enter E conomic D evelopment Distric t Suggested D isposition: R eceive and File; Adopt R esolution(s) 4.Fiscal Year 2022 First B udget Amendment Proof of publication on notice of public hearing to consider City C ounc il approval of the first Fiscal Year 2022 B udget A mendment, whic h amends the Fiscal Year 2022 budget for C ity C ounc il ac tions since the beginning of the Fisc al Year and inc ludes items which C ity Council has expressed support. R E S O L U T IO N Rec ord of Hearing and A doption of Budget Amendment Suggested D isposition: R eceive and File; Adopt R esolution(s) 5.Tiffany Cour t - Lead Mine S inkhole R emediation P roject P ublic Hear ing Proof of publication on notice of public hearing to consider City C ounc il approval of the plans, spec ific ations, form of contract and estimated cost of $165,000 for the Tiffany Court – Lead Mine S inkhole Remediation P rojec t, and City Manager recommending approval. R E S O L U T IO N A pproval of plans, specifications, form of c ontrac t, and estimated cost for the Tiffany Court - Lead Mine S inkhole Remediation P rojec t Suggested D isposition: R eceive and File; Adopt R esolution(s) 6.K ennedy Road W ater Main E xtension P roject 2021: Public H earing Proof of publication on notice of public hearing to consider City C ounc il approval of the plans, spec ific ations, form of contract and estimated cost of $1,042,975 for the Kennedy Road W ater Main E xtension P rojec t 2021, and C ity Manager rec ommending approval. R ES OLUTI ON Approval of plans, specifications, form of contract, and estimated cost for the Kennedy Road Water Main Extension Project 2021 Suggested D isposition: R eceive and File; Adopt R esolution(s) Page 7 P U B L IC IN P U T A t this time, any one in the C ounc il Chambers may address the C ity Council on the A ction I tems on the agenda or on matters under the c ontrol of the C ity Council. C itizens are asked to approac h the podium and state their name and address before proceeding with their c omments. I ndividual remarks are limited to five minutes, and the overall P ublic I nput period is limited to 30 minutes. Under the I owa Open Meetings Law, the City C ounc il can take no formal ac tion on comments given during Public I nput which do not relate to Ac tion I tems on the Agenda. AC T IO N ITEMS These are items where discussion is held by the City C ouncil - public comments are not allowed except as author ized by the Mayor. 1.Gr eater D ubuque Development Cor poration - Q uar ter ly Update President and C E O Ric k D ickinson to present the quarterly update on the ac tivities of the Greater Dubuque Development C orporation. Suggested D isposition: R eceive and File; Pr esentation 2.Fiscal Year 2021 Year End Annual R epor t for Five Flags Civic Center C ity Manager transmitting the Fiscal Year (FY ) 2021 Annual Report for Five Flags. Five Flags Manager HR Cook, who is employ ed by A S M Global (formerly S MG), the private management c ompany for Five Flags, will make a presentation to the C ity Council on the Five Flags Civic C enter F Y 2021 Annual Report and fiscal year end financials. Suggested D isposition: R eceive and File; Pr esentation 3.Pur chase of R eal Estate from River C ity Development G roup L LC C ity Manager rec ommending C ity Council approval of a Resolution approving an Offer to Buy Real Estate and Ac ceptanc e for the purchase of 156.25 acres of property owned by River City D evelopment Group for a purchase price of $4,218,750 ($27,000 per ac re). R E S O L U T IO N Approving the acquisition of real estate owned by River C ity Development Group LLC in Dubuque County, I owa Suggested D isposition: R eceive and File; Adopt R esolution(s) 4.Amending a Tax Incr ement Or dinance for the D ubuque Industrial C enter E conomic D evelopment D istr ict, as amended by Version 2021.4 of the Amended and Restated P lan C ity Manager rec ommending City Council adoption of an ordinance amending Ordinance 22-21 for the Dubuque Industrial Center Economic Development District as the District’s boundaries were amended by Version 2021.4 of the Amended and Restated Urban Renewal Plan. ORDI NANCE Amending Ordinance No. 22-21, previously amended, providing that general property taxes levied and collected each year on all property located within the Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Area of the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with the Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Redevelopment Project by removing part of Subarea C from the Division of Revenues Page 8 Page 9 City Clerk /s/Adrienne N. Breitfelder Iowa by dialing 711 or (800) 735-2942. ctyclerk@cityofdubuque.org as soon as feasible. Deaf or hard-of-hearing individuals can use Relay assistance should contact the City Clerk's Office at (563) 589-4100, TDD/TTY (563) 690-6678, Individuals with limited English proficiency, vision, hearing or speech impairments or requiring special St., Dubuque, IA 52001, before or at said time of meeting. Written comments regarding the above items may be submitted to the City Clerk's Office, 50 W. 13th of Dubuque, Iowa and/or governmental body holding the meeting. This notice is given pursuant to Chapter 21, Code of Iowa, and applicable local regulations of the City Clerk's Office, 50 W. 13th Street, during regular business hours. The agenda with supporting documents may be accessed at www.cityofdubuque.org or at the City ADJOURNMENT Purchase or Sale of Real Estate – Chapter 21.5(1)(j) Code of Iowa CLOSED SESSION COUNCIL MEMBER REPORTS Suggested Disposition: Receive and File; Motion B; Motion A Revenues District Urban Renewal Redevelopment Project by adding Subarea O to the Division of connection with the Amended and Restated Dubuque Industrial Center Economic Development advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in taxing districts, be paid to a special fund for payment of principal and interest on loans, monies Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and other the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Restated Dubuque Industrial Center Economic Development District Urban Renewal Area of property taxes levied and collected each year on all property located within the Amended and ORDINANCE Amending Ordinance No. __-21, previously amended, providing that general Plan. boundaries were amended by Version 2021.5 of the Amended and Restated Urban Renewal Ordinance for the Dubuque Industrial Center Economic Development District as the District’s City Manager recommending City Council adoption of an ordinance amending the most recent Development District, as amended by Version 2021.5 of the Amended and Restated Plan . Amending a Tax Increment Ordinance for the Dubuque Industrial Center Economic5 Suggested Disposition: Receive and File; Motion B; Motion A