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12 06 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 December 6, 2021, in the second -floor Council Chambers of the Historic Federal Building, 350 W. V Street. Sp7rP esent: Mayor Buol; Council Members Cavanagh, Farber, Jones, Resn" ick, Ro ssell, nk; City Manager V4 Milligen, City Attor )ey Brumwell�` T ✓✓ b'4vod 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 PRESENTATION(S) 1. COVID-19 Update Public Health Specialist Mary Rose Corrigan will provide an update on the COVID-19 pandemic and response activities. PROCLAMATION(S) 1. Eradication of Generational Poverty Day (December 7, 2021) On behalf of the Fountain of Youth Program. r 1 oTr t✓c\fc Ce ct)I , E>'ccutve Dlre Cloy of ioun�IQin you4� CONSENT ITEMS Ya s Nays Jones J. Farber Cavanagh S rank Buol Roussell Resnick 1. Minutes and Reports Submitted City Council Proceedings of 11/15 and 11/22; Arts and Cultural Affairs Commission of 11/23; Cable TV Commission of 6/16 and 11/17; Civil Service Commission of 11/04; Historic Preservation Commission of 11/18; Human Rights Commission of 9/13; Library Board of Trustees of 9/23; Library Board of Trustees Update of 11/18; Zoning Board of Adjustment of 10/28; Proof of Publication for City Council Proceedings of 11/01. Suggested Disposition: Receive and File 2. Notice of Claims and Suits Phyllis Hankel for personal injury; Joshua Holder for vehicle damage; Scott Kress for property damage; Caitlyn Tekippe for vehicle 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: Anthony Cobbins for vehicle damage; Phyllis Hankel for personal injury; Joshua Holder for vehicle damage; Scott Kress for property damage; Caitlyn Tekippe for vehicle damage; White Animal Hospital 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. Iowa Tourism Grant Agreement for Execution City Manager recommending approval of the Iowa Tourism Grant Agreement in the amount of $10,000. Suggested Disposition: Receive and File; Approve 6. National League of Cities Letter on Virtual 2021 City Summit Correspondence from Nick Kasza, Sustainability Program Manager of the National League of Cities (NLC), thanking Council Member and Mayor -elect Cavanagh for contributing to the NLC's Virtual 2021 City Summit. Suggested Disposition: Receive and File Ya s Nays Jones Farber Cavanagh S rank Buol Roussell Resnick 7. Federal Historic Tax Credit National Sign On Letter City Manager providing a copy of a national sign on letter to federal legislators and chairmen requesting inclusion of provisions that would enhance the federal historic tax credit within Congress's Build Back Better legislation. Suggested Disposition: Receive and File 8. Environmental Protection Agency (EPA) Environmental Education Grant — City Letter of Commitment City Manager providing a copy of a letter of commitment from Mayor Buol to the Environmental Protection Agency (EPA) Environmental Education Review Committee regarding the National Mississippi River Museum & Aquarium's Teens Take CAARE Climate Action Outreach Project and environmental literacy program. Suggested Disposition: Receive and File 9. Letter of Support for Hirschbach Motor Lines Childcare Challenge Grant Application City Manager providing a copy of a letter of support to Hirschbach Motor Lines regarding their Childcare Challenge Grant Application to open an on -site high quality Early Learning Center. Suggested Disposition: Receive and File 10. Mediacom Communications Company Letter on Programming Changes and Rate Adjustments Correspondence from Lee Grassley, Senior Manager of Government Relations for Mediacom Communications Company, informing the city of programming changes and rate adjustments being implemented on or about January 1, 2022. Suggested Disposition: Receive and File 11. Pre -Annexation Agreement - ITC Midwest, LLC City Manger recommending approval of a Pre -Annexation Agreement with ITC Midwest, LLC, for property at 8939 Laudeville Road in Dubuque County located within two miles of the City of Dubuque corporate limits, in conjunction with their request for approval of a final plat. RESOLUTION Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and ITCMidwest, LLC Suggested Disposition: Receive and File; Adopt Resolution(s) Ya s Nays Jones Farber Cavanagh S rank Buol Roussell Resnick 12. Pre -Annexation Agreement - Harry J. and Mary E. Althaus - Parcel ID 1002452006 City Manager recommending approval of a Pre -Annexation Agreement with Harry J. and Mary E. Althaus, property owners, of Lot One (1) of Alt's Subdivision, Dubuque, Iowa, in Section 2, Township 89 North, Range 2 East of the 5th P.M., as part of an agreement between the City of Dubuque and Harry J. and Mary E. Althaus to vacate an easement. RESOLUTION Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Harry J. and Mary E. Althaus Suggested Disposition: Receive and File; Adopt Resolution(s) 13. Pre -Annexation Agreement - Harry J. and Mary E. Althaus - Parcel ID 1002452009 City Manager recommending approval of a Pre -Annexation Agreement with Harry J. and Mary E. Althaus, property owners, of Lot 2 of Alt's Subdivision, Plat 2, in Dubuque County, Iowa, as part of an agreement between the City of Dubuque and Harry J. and Mary E. Althaus to vacate an easement. RESOLUTION Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Harry J. and Mary E. Althaus Suggested Disposition: Receive and File; Adopt Resolution(s) 14. Pre -Annexation Agreement - Randy W. and Constance J. Mueller City Manager recommending approval of a Pre -Annexation Agreement with Randy W. and Constance J. Mueller, property owners of 10096 Timothy Street in Dubuque County. RESOLUTION Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Randy W and Constance J Mueller Suggested Disposition: Receive and File; Adopt Resolution(s) 15. Pre -Annexation Agreement - Russell K. and Tracey L. Stecklein City Manager recommending approval of a Pre -Annexation Agreement with Russell K. and Tracy L. Stecklein, property owners of 106975 Daisy Trail, located in Wildflower Ridge Subdivision in Dubuque County. RESOLUTION Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Russell K. and Tracey L. Stecklein Suggested Disposition: Receive and File; Adopt Resolution(s) 16. Rent Abatement and Escrow Policy City Manager recommending the City Council receive and file the Rent Escrow Policy and the Rent Abatement Policy, ensuring the public has notification these policies are in effect. Suggested Disposition: Receive and File Ya s Nays Jones Farber Cavanagh S rank Buol Roussell Resnick 17. Eagle Point Park Bridge Complex Roof Replacement Project Acceptance City Manager recommending acceptance of the Eagle Point Park Bridge Complex Roof Replacement Project, as completed by Gronen Restoration, Inc., in the final contract amount of $164,194.99, which is a 21.7% increase over the original contract amount of $134,918.00. RESOLUTION Accepting the Eagle Point Park Bridge Complex Roof Project and authorizing the payment to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 18. Public, Educational, and Government (PEG) Fund Expenditure for City Equipment City Manager recommending approval of the Cable TV Commission recommendation for funding from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities in an amount not to exceed $30,200 for the City of Dubuque for equipment to be used for CityChannel Dubuque by the Public Information Office. Suggested Disposition: Receive and File; Approve 19. Signed Contract(s) WHKS & Co. for Task Order #6 for the Auburn -Custer Streets Water Main Replacement. Suggested Disposition: Receive and File 20. Iowa Department of Transportation HMA Resurfacing Project on US 61 Correspondence from Jesse Tibodeau, Assistant District Engineer for the Iowa Department of Transportation, notifying the City Council of a HMA resurfacing project on US 61 near the Dubuque Airport to Lake Eleanor Road. Suggested Disposition: Receive and File 21. Phase 3 - HMA Pavement Milling and Resurfacing Project: White Street (9th to 11th) and 11th Street (White to Elm) Acceptance of Public Improvement Project City Manager recommending acceptance of the construction contract for the HMA Pavement Milling and Resurfacing Project on White Street (formerly US52) from 9th to 11th Street and on 11th Street from White to Elm Street, as completed by Eastern Iowa Excavating & Concrete, LLC, in the final contract amount of $659,031.01, which is a 0.71 % decrease from the original contact amount of $663,771.22. RESOLUTION Accepting the HMA Pavement Milling and Resurfacing Project on White Street (formerly US52) from 9th to 11th Street and on 11th Street from White to Elm Street and authorizing the payment to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) Yas Nays Jones Farber Cavanagh S rank Buol Roussell Resnick 22. Althaus Agreement to Vacate Easement City Manager recommending approval of an Agreement to Vacate Easement with Harry J. and Mary E. Althaus for the vacation of 48,391 square foot permanent right-of-way easement that is part of Tanzanite Drive across Lot 2 of Alt's Subdivision, Plat 2, in Dubuque County, Iowa, to facilitate future development of the property. RESOLUTION Approving an Agreement to Vacate Easement between the City of Dubuque, Iowa and Harry J. and Mary E. Althaus Suggested Disposition: Receive and File; Adopt Resolution(s) 23. Design of the Granger Creek Pump Station Upgrade Project City Manager requesting authorization to release a Request for Proposal for the Design of the Granger Creek Pump Station Update Project. Suggested Disposition: Receive and File; Approve 24. Design of the Tamarack Sanitary Sewer Extension Project City Manager requesting authorization to release a Request for Proposal for the Design of the Tamarack Sanitary Sewer Extension Project. Suggested Disposition: Receive and File; Approve 25. Design of the Twin Ridge Sanitary Sewer Extension Project City Manager requesting authorization to release a Request for Proposal for the Design of the Twin Ridge Sanitary Sewer Extension Project. Suggested Disposition: Receive and File; Approve 26. 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) ITEMS SET FOR PUBLIC HEARING 1. Fiscal Year 2022 Annual Action Plan Amendment #2 Public Hearing City Manager recommending the City Council set a public hearing for December 20, 2021, on the Fiscal Year 2022 Annual Action Plan Amendment #2 for the use of Community Development Block Grant Funds. RESOLUTION Setting a public hearing on the Fiscal Year 2022 (Program Year 2021) Community Development Block Grant (CDBG) Annual Action Plan Amendment #2 Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for December 20, 2021 2. Vacate Portion of Tanzanite Drive/Right of Way Easement - Althaus Agreement to Vacate Easement City Manager recommending approval of the request to vacate a 48,391 square foot permanent right of way easement that is part of Tanzanite Drive for a purchase price of $17,500, and recommends that a public hearing be set for December 20, 2021, on the disposal of this property. RESOLUTION Intent to vacate and dispose of city interest in a Permanent Right of Way Easement, being part of Tanzanite Drive, over and across Lot 2 of Alt's Subdvision, Plat 2, in Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for December 20, 2021 Yayp, Nays Jones Farber Cavanagh S rank Buol Roussell Resnick BOARDS/COMMISSIONS 1. Boards and Commission Applicant Review A. Civic Center Advisory Commission One, 3-Year term through June 29, 2022 (Vacant term of Huff) Applicant: Brenda Christner, 655 Florence St. F,)PJ<� 02- kkl-dr J B. Historic Preservation Commission One, 3-Year term through July 1, 2022 (Interim Jackson Park term of Reber) Applicant: Janice Esser, 1072 Locust St. - Qualifies for Jackson Park District This commission is subject to the State of Iowa Gender Balance Law. 9 Commissioners total; currently 5 males/2 females/2 opening C. Investment Oversight Advisory Commission One, 3-Year term through July 1, 2022 (Vacant term of Reisdorf) Applicant: Joshua Merritt, 2454 Pennsylvania Ave PUBLIC HEARINGS 1. 2022 John F. Kennedy Road Sidewalk Installation Project Proof of publication on notice of public hearing to consider City Council approval of a Resolution of Necessity and approval of the Preliminary Schedule of Assessments for the 2022 John F. Kennedy Road Sidewalk Installation Project, and City Manager recommending approval. RESOLUTION Necessity for the 2022 John F. Kennedy Road Sidewalk Installation Project RESOLUTION Approving the Preliminary Plats, Schedule of Assessments and estimate of total cost for the 2022 John F. Kennedy Road Sidewalk Installation Project Suggested Disposition: Receive and File; Adopt Resolution(s) JFK Input (Public Hearing #1): Opposing: 1. Larry Youtzy 2. Margie McDonnell, 2548 Rosewood Dr. 3. Lavonne Jahnke Cohen on behalf of her mother, Virginia Jahnke, 3199 JFK Road 4. Sheri Clancy, 2691 Marywood Dr 5. 2 petitions opposing sidewalks submitted by Jolene Rettenberger, 2291 Gordon Dr on December 1 2021 Supporting: 6. Jan and Bill Stoffel, 2905 Fox Hollow 2. 2021 Redistricting Plan for City Wards & Precincts Proof of publication on notice of public hearing to consider City Council approval of the 2021 Redistricting Plan for City Wards and Precincts, and City Manager recommending approval. ORDINANCE Amending Title 1 Administration of the City of Dubuque Code, by amending Chapter 8 Elections, Precincts and Wards, by updating precinct boundaries to reflect the 2021 Wards & Precincts Redistricting Plan RESOLUTION Approving a Precinct Agreement between Dubuque County and the City of Dubuque Suggested Disposition: Receive and File; Motion B; Motion A THEN Receive and File; Adopt Resolution(s) Suspend the Readings Yays Nays Jones Farber Cavanagh S rank Buol Roussell Resnick Final Reading and Ado t Yap Nays Jones Farber Cavan a h S rank Buol Roussell Resnick 3. Proceedings for Public Hearing on the Issuance of Not to Exceed $900,000, Sewer Revenue Capital Loan Notes (Interim Financing) State Revolving Funds, Planning and Design Loan Applications Proof of publication on notice of public hearing to consider City Council approval of the suggested proceedings for a public hearing on the issuance not to exceed $900,000 in Sewer Revenue Capital Loan Notes (Interim Financing) State Revolving Loan Fund Program, and City Manager recommending approval. RESOLUTION Instituting proceedings to take additional action for the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $900,000 Sewer Revenue Capital Loan Notes RESOLUTION Approving and authorizing a form of Interim Loan and Disbursement Agreement by and between the City of Dubuque and the Iowa Finance Authority, and authorizing and providing for the issuance and securing the payment of $465,000 Sewer Revenue Capital Loan Notes Anticipation Project Note, Series 2022A, of the City of Dubuque, Iowa, under the provisions of the Code of Iowa, and providing for a method of payment of said note RESOLUTION Approving and authorizing a form of Interim Loan and Disbursement Agreement by and between the City of Dubuque and the Iowa Finance Authority, and authorizing and providing for the issuance and securing the payment of $400,000 Sewer Revenue Capital Loan Notes Anticipation Project Note, Series 2022B, of the City of Dubuque, Iowa, under the provisions of the Code of Iowa, and providing for a method of payment of said note Suggested Disposition: Receive and File; Adopt Resolution(s) Yas Nays Jones Farber Cavanagh S rank Buol Roussell Resnick 4. Proceedings for Public Hearing on the Issuance of Not to Exceed $1,570,000, Water Revenue Capital Loan Notes (Interim Financing) State Revolving Funds, Planning and Design Loan Applications Proof of publication on notice of public hearing to consider City Council approval of the suggested proceedings for a public hearing on the issuance of not to exceed $1,570,000 in Water Revenue Capital Loan Notes (Interim Financing) State Revolving Loan Fund Program, the proceeds of which will be used to pay planning and design costs for Webber Property Water Distribution System Improvements Project, and City Manager recommending approval. RESOLUTION Instituting proceedings to take additional action for the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $1,570,000 Water Revenue Capital Loan Notes RESOLUTION Approving and authorizing a form of Interim Loan and Disbursement Agreement by and between the City of Dubuque and the Iowa Finance Authority, and authorizing and providing for the issuance and securing the payment of $1,570,000 Water Revenue Capital Loan Notes Anticipation Project Note, Series 2022, of the City of Dubuque, Iowa, under the provisions of the Code of Iowa, and providing for a method of payment of said note Suggested Disposition: Receive and File; Adopt Resolution(s) Yayp Nays Jones Farber Cavanagh S rank Buol Roussell Resnick PUBLIC INPUT _Public Input: 1. Sarah Offing, 940 Southern Avenue, regarding Action Item #2, expressing support for the project and providing input on the process of installation and pricing. ACTION ITEMS 1. Greater Dubuque Development Corporation - Quarterly Update President and CEO Rick Dickinson to present the quarterly update on the activities of the Greater Dubuque Development Corporation. Suggested Disposition: Receive and File; Presentation Yay.$ Nays Jones Farber Cavanagh S rank Buol a Roussell Resnick � cat ° d0J.". / f` z . Aw 44, pmhlt 2. ImOn Communications Fiber -to -the -Home Build -Out Presentation Information Services Manager Chris Kohlmann and Greater Dubuque Development Corporation's Sustainable Innovation Consultant Dave Lyons will introduce Patrice Carroll, President and CEO of ImOn Communications, who will make a presentation on ImOn Communications' investment and timeline for complete Fiber -to -the -Home build -out in Dubuque. Suggested Disposition: Receive and File; Presentation Ya Nays Jones Farber Cavanagh S rank Buol Roussell a Resnick ,DgJe (�on� / 0O o(% A *� Chris )41mo,nn, i4� hVWe poblce car'-OU gave _60n Co,5fffn )oWo, Ne�tJorK flubugtic ncccSS R nq ylmon Comm;finenj- jo Nbuqut -Im©n Co,nm1`4mr4 to Cornmun;f —Imon DubugUe:.Q 1P % -Imo,, I PR ExPans,on _ a0a3 ExPo,nS'lon laoay E_�Po,n51on 3. Filling a Vacancy in the Office of Fourth Ward City Council Member City Council to discuss the process for filling a vacancy in the Office of Fourth Ward City Council Member as a result of Mayor -elect Brad Cavanagh's resignation. Suggested Disposition: Receive and File; Council Yay,s Nays Jones Farber Cavanagh S rank Buol Roussell Resnick 4. 9-1-321.1 Ordinance Revision City Manager recommending City Council approval of an ordinance amending the definitions section of Title 9 regarding Motor Vehicles and Traffic revisions to ensure the City Code is consistent with State Code. ORDINANCE Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 1 General Provisions, Section 9-1-321.1 Definitions Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yay,s Nays Jones Farber Cavanagh S rank Buol Roussell Resnick Final Reading and Ado t Yas Nays Jones Farber I Cavanagh S rank Buol Roussell Resnick 5. Police Department 2021 Commission on the Accreditation for Law Enforcement Agencies (CALEA) Accreditation Acceptance City Manager transmitting information on the Dubuque Police Department being awarded the 2021 Commission on the Accreditation for Law Enforcement Agencies (CALEA) re - accreditation. Interim Chief of Police Jeremy Jensen will make a presentation. Suggested Disposition: Receive and File; Presentation Ya Nays Jones Farber Cavanagh Sprank Buol Roussell Resnick 6. Carbon Disclosure Project 2021 Scorecard City Manager transmitting information regarding the City of Dubuque's 2021 Carbon Disclosure Project score. Sustainable Community Coordinator Gina Bell will make a presentation. Suggested Disposition: Receive and File; Presentation Ya Nays Jones Farber Cavana h S rank Buol Roussell Resnick �ui7u9ue'S Cbp �o/ecord ifls}orl �cr-v�e�s{�p Leve � SCo� 7. Fall 2021 City Focus Magazine City Manager providing a copy of the 2021 City Focus Magazine, which features the Imagine Dubuque Comprehensive Plan. Suggested Disposition: Receive and File Yas Nays Jones Farber Cavanagh S rank Buol Roussell Resnick 8. Acceptance of National Endowment for the Arts American Rescue Plan Grants to Local Arts Agencies for Subgranting Funding Offer City Manager recommending City Council acceptance of a $500,000 funding offer from the National Endowment for the Arts American Rescue Plan to Local Arts Agencies for Subgranting funding program. Arts and Cultural Affairs Coordinator Suggested Disposition: Receive and Yas Nays Jones Farber Cavanagh Sprank Buol Roussel[ Resnick Jenni Petersen -Brant will make a presentation. File; Approve; Presentation 9. Release of RFP for Design of the Dubuque Industrial Center Project at U.S. Highway 151 /61 /52 Interchange City Manager recommending approval to release a Request for Proposals for the Design of the Dubuque Industrial Center Project at U.S. Highway 151/61/52 Interchange. Suggested Disposition: Receive and File; Approve Ya Na s Jones Farber Cavanagh Sprank Buol Roussell Resnick 10. Request to Schedule Work Session on Arts & Culture Master Plan Update City Manager requesting the City Council schedule a work session for Monday, February 14, 2022 at 6:30 p.m. for an update on the Arts & Culture Master Plan. Suggested Disposition: Receive and File; Council Yay,s Nays Jones Farber Cavanagh S rank Buol Roussell Resnick 11. Travel Dubuque Update - Work Session Request City Manager requesting the City Council schedule a work session for Monday, February 21, 2022, at 6:00 p.m. for Travel Dubuque's annual presentation. Suggested Disposition: Receive and File; Council Yay,s Nays Jones Farber Cavanagh Sprank Buol Roussell Resnick COUNCIL MEMBER REPORTS ILC CLOSED SESSION Purchase or Sale of Real Estate — Chapter 21.5(1)0 Code of Iowa Motion for closed session @2,5 3 p.m. Mayor Buol stated for the record that the attorney who will consult with City Council on the issues to be discussed in the closed session is City Attorney Crenna Brumwell. Yaygi Nays Jones Farber Cavanagh S rank Buol Roussell Resnick Reconvene in open session @ 10,59 p.m. ADJOURNMENT @ 10'i5j p.m. FA MAW ua.ON / 141 ////W/l� �I 5�IF; II OA WIN"I M,71� SRP fh, mie na /i l an fj-4 eA 2 e �2 nrir 7 0 II//_ 9A, -AA19.�_0 -or' , T To: Adrienne N. Breitfelder, City Clerk You are hereby directed to call a regular session of the City Council to be held on Monday, December 6, 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. //Roy D. Buol, Mayor Consent Items: Pgs. 2-6