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10 18 21 City Clerk's Skeleton Notes and Meeting CallCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on October 18, 2021 in the second -floor Council Chambers of the Historic Federal Quildingg 350 W. 6th Streit. P sent: Mayor Buol; ouncil Members Cav agh, Farrber, Johes, Re nick, Roussel[, Sp; City ManagerYn Milligen, City Attor ey Brumwell Absent: 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 PROCLAMATIONS) 1. Boards and Commissions Recognition Day (October 18, 2021) On behalf of the City Clerk's Office. Oenge, Bre-A,4cr 2. Gentleman Day (October 19, 2021) On behalf of Waypoint Services. $e#ny & 3�koby %r3. Lights On After School Day (October 28 2021 On behalf of St. Mark Youth Enrichment. B;h ry 4. Trick -or -Treat Night (October 31, 2021) On behalf of the City of Dubuque. Rey B,Acf CONSENT ITEMS Yan Nays Farber S rank Jones Resnick Roussell Cavanagh Buol 1. Minutes and Reports Submitted City Council Proceedings of 10/4; Zoning Advisory Commission of 10/6; Zoning Board of Adjustment of 9/23; Proof of Publication for City Council Proceedings of 9/7 and 9/20; Proof of Publication for List of Claims and Summary of Revenues for Month Ended 8/31. Suggested Disposition: Receive and File 2. Notice of Claims and Suits Jennifer Ney for personal injury; Michelle Spear for vehicle damage; Mary Summers 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 Ney for personal injury; Michelle Spear for vehicle damage; Mary Summers 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. Fiscal Year 2021 State of Iowa Annual Financial Report City Manager recommending approval to file the Fiscal Year 2021 State of Iowa Annual Financial Report with the State of Iowa Auditor. Suggested Disposition: Receive and File; Approve 6. Final Plat of Rolling Hills Farm No. 2 Zoning Advisory Commission recommending approval of the Final Plat of Rolling Hills Farm No. 2 subject to waiving the lot frontage requirement for Lot 1. RESOLUTION Approving the Final Plat of Rolling Hills Farm Subdivision Plat 2, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Yas Nays Farber S rank Jones Resnick Roussell Cavanagh Buol 7. Final Plat of Stone Quarry Subdivision Plat 4 Zoning Advisory Commission recommending approval of the Final Plat of Stone Quarry Subdivision Plat 4 subject to waiving the street frontage requirements for both lots. RESOLUTION Approving the Final Plat of Stone Quarry Subdivision Plat 4, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 8. Pre -Annexation Agreement - LTD Ranch, LLC, Laura M. DeMaio City Manager recommending approval of a Pre -Annexation Agreement with LTD Ranch, LLC, Laura M. DeMaio, property owner, for property located at 10338 Key West 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 LTD Ranch, LLC, Laura M. Demaio Suggested Disposition: Receive and File; Adopt Resolution(s) 9. Pre -Annexation Agreement - Isidore and Dayna Haverland City Manager recommending approval of a Pre -Annexation Agreement with Isidore and Dayna Haverland, property owners, for property located at 8315 Hidden Valley Road in Dubuque County, as part of approving the Final Plat. RESOLUTION Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Isidore and Dayna Haverland Suggested Disposition: Receive and File; Adopt Resolution(s) 10. City of Sageville Notice of Application for Annexation Correspondence from the City of Sageville, Iowa regarding a public hearing scheduled for November 1, 2021 on an application for annexation. Suggested Disposition: Receive and File; Refer to City Manager 11. Esri Article on the City of Dubuque's use of Geographic Information System (GIS) for Broadband Investment City Manager transmitting an article from Esri on the City of Dubuque's use of Geographic Information System (GIS) for broadband investment. Suggested Disposition: Receive and File Yas Nays Farber S rank Jones Resnick Roussell Cavanagh Buol 12. Acceptance of Public Improvements for South Heacock Road Cul-De-Sac from Walter Development, LLC City Manager recommending acceptance of the public improvements that the developer, Walter Development, LLC, has recently completed on South Heacock Road in Dubuque Industrial Center West. RESOLUTION Accepting Public Improvements on South Heacock Road, in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 13. Dillon Street Drain Tile Project 2021 City Manager recommending acceptance of the construction contract for the Dillon Street Drain Tile Project 2021, as completed by Drew Cook & Sons Excavating Company, Inc., in the final contract amount of $59,756.48, which is an increase of 11.9% over the original contract amount of $53,377.50. RESOLUTION Accepting the Dillon Street Drain Tile Project 2021 and authorizing the payment to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 14. Application for Redevelopment Subrecipient Planning Grant at 3400 Jackson Street City Manager recommending approval to apply for a Brownfields Planning Grant from East Central Intergovernmental Association (ECIA) in order to create a vision for the former Flexsteel Industries site at 3400 Jackson Street. Suggested Disposition: Receive and File; Approve 15. First Amendment to Development Agreement between the City of Dubuque, Iowa and Three Amigos, LLC for a Project at 898 Jackson Street City Manager recommending approval of the First Amendment to Development Agreement between the City of Dubuque, Iowa and Three Amigos, LLC for the rehabilitation of property at 898 Jackson Street. RESOLUTION Approving the First Amendment to Development Agreement between the City of Dubuque, Iowa and Three Amigos, LLC Suggested Disposition: Receive and File; Adopt Resolution(s) 16. Acceptance of Warranty Deed from Hendricks Feed & Seed Co., Inc. Property City Manager recommending approval of a Resolution accepting the Warranty Deed for 880 and 898 Central Avenue from Hendricks Feed & Seed Co., Inc. RESOLUTION Accepting the Deed to Real Estate owned by Hendricks Feed & Seed Co., Inc. in Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Yas Nays Farber S rank Jones Resnick Roussell Cavanagh Buol 17. Fiscal Year 2022 Contracted Service Agreement: Four Mounds HEART City Manager recommending approval of a contracted services agreement for Fiscal Year 2022 with Four Mounds HEART for $10,000 to provide hands-on training and education for youth performing housing rehabilitation services, particularly in low - moderate income areas, or for low -moderate income housing. RESOLUTION Authorizing Execution of FY22 Contracted Services Agreement with Four Mounds Heart Program Suggested Disposition: Receive and File; Adopt Resolution(s) 18. U.S. Department of Housing & Urban Development (HUD) Continuum of Care Program Renewal Application — Fiscal Year 2023 City Manager recommending approval to submit a renewal pre -application to the Iowa Balance of State and then a renewal application to the U.S. Department of Housing & Urban Development (HUD) for the Continuum of Care Special Needs Assistance Program (CoC SNAP) grant for Fiscal Year 2023. RESOLUTION Authorizing the Mayor to execute an application for the Continuum of Care Grant and authorizing the Director of Housing and Community Development and the City Manager to approve the application Suggested Disposition: Receive and File; Adopt Resolution(s) 19. Letter of Support for University of Dubuque's Fulbright Scholar -in -Residence Proposal City Manager providing a copy of a letter of support on behalf of the City of Dubuque in support of the University of Dubuque's Fulbright Scholar -In -Residence (S-1-R) proposal. Suggested Disposition: Receive and File 20. Alcohol and Tobacco License Applications City Manager recommending approval of annual liquor, beer, wine and tobacco license applications as submitted. RESOLUTION Approving applications for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits RESOLUTION Approving applications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa Code Chapter 453A.47A Suggested Disposition: Receive and File; Adopt Resolution(s) 5 ITEMS SET FOR PUBLIC HEARING 1. Second Amendment to Lease Agreement Between the City of Dubuque and Iowa Greyhound Association City Manager recommending the City Council set a public hearing for November 1, 2021, to approve the Second Amendment to Lease Agreement between the City of Dubuque and Iowa Greyhound Association that modifies the end date of the lease from December 31, 2025 to July 31, 2022. RESOLUTION Intent to dispose of an interest in real property by Second Amendment to Lease Agreement with Iowa Greyhound Association Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for November 1, 2021 2. Setting a Public Hearing at a Special City Council Meeting on November 22, 2021, on a Proposed Development Agreement by and between the City of Dubuque, and Setzer Properties DBQ, LLC providing for the Sale of City -owned Real Estate to Setzer Properties DBQ, LLC Pursuant to the Development Agreement City Manager recommending City Council set a public hearing at a special City Council meeting on November 22, 2021, on a proposed Development Agreement by and among the City of Dubuque and Setzer Properties DBQ, LLC providing for the sale of city -owned real estate to Setzer Properties DBQ, LLC. Setzer Properties DBQ, LLC will be leasing the facility to Fed Ex Ground. RESOLUTION (1) Approving the minimum requirements, competitive criteria, and offering procedures for the development and the sale of certain real property and improvements in The Dubuque Industrial Center West Urban Renewal District; (2) Determining that the offer to purchase submitted by Setzer Properties DBQ, LLC satisfies the offering requirements with respect to the real property and improvements and declaring the intent of The City Council to approve the sale to Setzer Properties DBQ, LLC in the event that no competing proposals are submitted; and (3) Soliciting competing proposals Suggested Disposition: Receive and file; Adopt Resolution(s), Set for Public Hearing for November 22, 2021 Yays Nays Farber S rank Jones Resnick Roussell Cavanagh Buol BOARDS/COMMISSIONS 1. Boards and Commission Applicant Review i. Civic Center Advisory Commission One, 3-Year term through June 29, 2024 (Expired term of Parks) Applicant: Brenda Christner, 655 Florence St. ii. MAYOR APPOINTMENT Civil Service Commission One, 4-Year term through April 6, 2025 (Expired term of White) Applicant: Daniel White, 2919 Elm St. This commission is subject to the State of Iowa Gender Balance Law. 3 Commissioners total; currently 1 male/1 female/ 1 opening iii. Investment Oversight Advisory Commission One, 3-Year term through July 1, 2024 (Vacant term of Becker) Applicant: Molly Valaskey, 1385 Alta Vista St. iv. Transit Advisory Board One, 3-Year term through July 30, 2023 (Vacant term of Serna) One, 3-Year term through July 30, 2024 (Expired term of Esser) Applicants: Matthew P. Esser, 90 Main St. Greg Orwoll, 2635 West 32nd St. Blake Scharpf, 1319 Forest Ln. PUBLIC HEARINGS 1. Request to Amend the Westmark Planned Unit Development (PUD) Proof of publication on notice of public hearing to consider City Council approval to amend the Westmark Planned Unit Development (PUD) to allow drive -through pick-up windows for pharmacies for the property located at 4025 Westmark Drive, and Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16 of the Unified Development Code of the City of Dubuque Code of Ordinances by rescinding Ordinance 41-91 which provides regulations for a PUD Planned Unit Development District with a PC Planned Commercial Designation for the Westmark Corporate Center and adopting amended PUD Ordinance to allow Drive -Through Pharmacies when associated with permitted principal and accessory uses Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yayp Nays Farber S rank Jones Resnick Roussell Cavanagh Buol Final Reading and Adopt Yas Nays Farber S rank Jones Resnick Roussel I Cavanagh Buol 2. Request to Rezone Property at 684 Kane Street Proof of publication on notice of public hearing to consider City Council approval of a request from Joe Behan to rezone property located at 684 Kane Street from R-1 Single Family Residential to R-3 Moderate Density Multi -Family Residential to build a three -unit townhouse, and Zoning Advisory Commission recommending denial of the request. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 684 Kane Street from R-1 Single -Family Residential District to R-3 Moderate Density Multi- Family Residential District Suggested Disposition: Receive and File; Concur with Denial OR Motion B; Motion A with a Super Majority concur WID"i ll tmid-the Rea Yas Nays Farber S rank Jones Resnick Roussell Cavanagh Buol Final Reading and Ado t Yas Nays Farber S rank Jones Resnick Roussell Cavanagh Buol 3. Public Hearing for the Water Service Connection Charge Assessment - 1951 W. 32nd Street City Manager requesting the City Council establish the Final Schedule of Assessments at $6,989.36 for the water service connection charge for 1951 W. 32nd Street. RESOLUTION Approval of the Final Schedule of Assessments for 1951 W. 32nd Street Suggested Disposition: Receive and File; Adopt Resolution(s) Ya Nays Farber S rank Jones Resnick Roussell Cavanagh Buol PUBLIC INPUT tp,aw, a,7YA (&,&, ,W O 1' ACTION ITEMS 1. Dubuque County Land and Water Legacy Conservation Bond Referendum Presentation Correspondence from Art Roche, Chair of the Dubuque County Land and Water Legacy, regarding the Dubuque County Land and Water Legacy conservation bond referendum on the City/School Election ballot on November 2, 2021. Brian Preston, Executive Director of the Dubuque County Conservation Board, will make a presentation. Suggested Disposition: Receive and File; Presentation Ya Nays Farber S rank Jones Resnick Roussell Cavanagh Buol couti CompAen$ve ParK5, Troil•5 b orli Sfaces PIM- d0@0 ( 45g r PEarl-top to P'ojecfs ialert};F;eel for neXj 5 l0yeati5 eponseroaf o/1 LYarp Pe+ +tm rr,o S P ;urs for'ow Peferenci" ReCor/imertl5 ��� ��� 7v�45 �r ����Ca�r:cl; �xampl�s �F Pre�ec}s rn Lo9 Pgn9c Pln�; L,M1 /na c� u oke�� tree Wq Sw515SValkley 'Remc % PO K Trail EX n5io/1 A3("(Au,.e R �iej1 lcgaj�� Quay} ?fiat ves r 1: 2. Proposed Ordinance Amendment to Incorporate Rent Abatement and Escrow Accounts City Manager recommending the City Council adopt an Ordinance to allow for all remedies allowed by the State of Iowa for correcting code violations in rental properties. ORDINANCE Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article J Property Maintenance Code, Section 14-1J- 2 International Property Maintenance Code Amendments Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Read in s Yas Nays Farber a. S rank Jones Resnick Roussell Cavanagh Buol Final Reading and Ado t Yas Nays Farber S rank Jones Resnick Roussell Cavanagh Buol 3. Lead & Healthy Home Program Grant Agreement City Manager recommending City Council authorization of an agreement with the U.S. Department of Housing & Urban Development (HUD) for the use of $4,275,680.92 to administer the Lead and Healthy Homes Program, RESOLUTION Authorizing the City Manager or his designee to execute an agreement and any further documents required for the execution of the Lead and Healthy Homes Grant Award of $1,000,000 Suggested Disposition: Receive and File; Adopt Resolution(s) YaY4 Nays Farber S rank Jones Resnick Roussell Cavanagh Buol 1, 4. Dubuque Fire Department Accreditation by the Commission on Fire Accreditation International of the Center for Public Safety Excellence City Manager advising that on Wednesday, October 13, 2021, the Center for Public Safety Excellence Commission on Fire Accreditation International voted to designate the Dubuque Fire Department as an accredited agency. Suggested Disposition: Receive and File Ya Nays Farber S rank Jones Resnick Roussell Cavanagh Buol kA 5{eine5, Fia Ch;cf, 5p Yx abut f1v aCCrediia}idt V 5. Dubuque Fire Department Public Information Brochure City Manager providing a copy of the Dubuque Fire Department public information brochure. Suggested Disposition: Receive and File YaYP Nays Farber S rank Jones Resnick Roussell Cavanagh Buol 6. Sustainable Dubuque Community Grant Award Recommendation City Manager recommending approval of the Resilient Community Advisory Commission recommendations for funding four projects from the Sustainable Dubuque Community Grant Program at a total funding amount of $9,200. Suggested Disposition: Receive and File; Approve Yas Nays a Farber S rank Jones Resnick Roussell Cavanagh Buol COUNCIL MEMBER REPORTS v 'Y, 5�"4 , ADJOURNMENT @ F30 P.M. 1! / IN vnn- : FORM ., Lam. • aLi/../! �/..iri, aw, A.7u _; f/ul;wlve ci. - 6� S r1 :lP57041 / v I iL/✓ � ._i'.'/a.d/ !_1(' .d.:/L � '' /'/ , Ida_' /1 ITC M 0 4�( ro6G To: Adrienne N. Breitfelder, City Clerk You are hereby directed to call a regular session of the City Council to be held on Monday, October 18, 2021, at 6:30 p.m. in the Historic Federal Building for the purpose of conducting such business that may properly come before the City Council. oy D. Buol, Mayor Consent Items: Pgs. 2-5