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11 21 22 City Clerk's NotesCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on November 21, 2022, in the second -floor Council Ch mbers of the Historic Federal, Building, 350 W. 61h Street. Present: Mayor Cavanagh; Council Members Farber, Jon , Resnick, Roussell, Sprank, We vpal; City Manager Van Milligen, City Attorney Brumwell. Absent: Mayor Cavanagh 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 CONSENT ITEMS Yas Nays Wethal Jones Farber Resnick Cavanagh Roussell S rank 1. Minutes and Reports Submitted City Council Proceedings of 11/07/22; Library Board of Trustees of 9/19/22, 9/20/22, 9/22/22; Zoning Board of Adjustment of 10/27/22. Suggested Disposition: Receive and File 2. Notice of Claims and Suits Ethan Bever for vehicle damage; Jenny Cribbs on behalf of Barbara Callhan for vehicle damage; Debra Heim 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: Ethan Bever for vehicle damage; Barbara Callhan for vehicle 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 2022 Iowa Urban Renewal Annual Report City Manager recommending approval of the Fiscal Year 2022 Iowa Urban Renewal Report for the City of Dubuque. RESOLUTION Approving the Fiscal Year 2022 Urban Renewal Report for the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s) 6. Fiscal Year 2024 Annual Tax Increment Financing Report City Manager transmitting the Annual Tax Increment Financing Report that has been filed with Dubuque County Auditor Kevin Dragotto. Suggested Disposition: Receive and File 7. 2023 State Legislative Priorities City Manager recommending City Council adopt the 2023 State Legislative Priorities. Suggested Disposition: Receive and File; Approve Ya s Nays Wethal Jones Farber Resnick Cava na h Roussel[ S rank 8. Iowa Arts Council Creative Places Project Grant Application City Manager recommending City Council approval of a grant application submitted on November 1, 2022, to the Iowa Arts Council's (IAC) Creative Places Project grant program to support the Winter Arts Snow Sculpting Festival and Competition (Winter Arts). Suggested Disposition: Receive and File; Approve 9. Letter of Support on Behalf of Dubuque Museum of Art to Institute of Museum and Library Services Museums for America Grant Program City Manager recommending City Council approval of a letter of support to be provided to the Dubuque Museum of Art (DuMA) to accompany its application to the Institute of Museum and Library Services' (IMLS) Museums for America grant program. Suggested Disposition: Receive and File; Approve 10. Temporary Agreement Between the City of Dubuque and ITC Midwest, LLC to Operate an Electric Transmission System in the City of Dubuque Senior Counsel recommending City Council adopt the attached resolution approving the Temporary Agreement authorizing ITC Midwest, LLC to operate an electric transmission system in the City of Dubuque until the franchise agreement takes effect but no later than February 1, 2023. RESOLUTION Approving an agreement between the City of Dubuque and ITC Midwest, LLC to operate an electric transmission system in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s) 11. Approval for Organizational Culture Change Consulting Services Request for Proposal (RFP) City Manager recommending City Council approval to issue a Request for Proposals (RFP) for an Organizational Culture Change Consultant. Suggested Disposition: Receive and File; Approve 12. Equity and Human Rights Department Restructuring City Manager recommending that the vacant Human Rights Intake Specialist position be eliminated and that a new Equity and Human Rights Specialist position be created. Suggested Disposition: Receive and File; Approve 13. Certified List: Firefighter-Paramedic/Firefighter-EMT Civil Service Commission submitting the certified list for the position of Firefighter- Paramedic/Firefighter- EMT Suggested Disposition: Receive and File; Make Matter of Record 3 14. Liquor License Renewals Cit Manager recommending City Council approval of annual beer, liquor and wine licenses as Y submitted. RESOLUTION Approving applications for beer, liquor, and/or wine permits, of Dubuque Code of Ordinances Title 4 Business and License Regulations, Control, Article B Liquor, Beer and Wine Licenses and Permits Suggested Disposition: Receive and File; Adopt Resolution(s) Yas Nays Wethal Jones Farber Resnick Cavana h Roussell S rank as required by City Chapter 2 Liquor Ill ITEMS SET FOR PUBLIC HEARING 1. Flora Pool Filter Tanks and Recirculation Pump Replacement — Initiate Bidding Process and Set Public Hearing City Manager recommending approval of the proposed plans, specifications, form of contract and estimated cost for the Flora Pool Filter Tank and Recirculation Pump Replacement Project, in the estimated cost amount of $215,000 and set the public hearing for December 5, 2022. RESOLUTION Flora Pool Filter Tank and Recirculation Pump Replacement Project: 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 Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for December 5, 2022 Yays Nays Wethal Jones Farber Resnick Cavanagh Roussell S rank 5 BOARDS/COMMISSIONS 1. Boards and Commission Appointments i. Community Development Advisory Commission One 3-Year term through February 15, 2023 (Vacant term of Hammel Jr.) Applicant: Gabriel Mozena, 196 Bluff St. Yay,s Nays Wethal Jones Farber Resnick Cavanagh Roussell S rank ii. Park and Recreation Advisory -Commission One 3-Year term through'June 30, 2023(.Vacant term of Hochberger) One 3-Year term through June 30, 2025 (Vacant -term of Baca) Applicants: Ron Axtell, 1895 Norland Dr. Josh Jorgenson 3030 Judson Crt. Shirley Snow, 779 University Ave. oZ ;k doas _ josh j,, Yas Nays TJ Wethal RA Jones R Farber Resnick Cavanagh Roussell A S rank A iii. Resilient Community Advisory Commission City Code 2-6-7 requires 3 members of the Resilient Community Advisory Commission to also be a member of one of the following boards or commissions: Arts & Culture Advisory Commission, Catfish Creek Watershed Management Authority, Community Development Advisory Commission, Historic Preservation Commission, Housing Commission, Human Rights Commission, Long Range Planning Advisory Commission, Parks & Recreation Advisory Commission, Transit Advisory Commission, and/or Zoning Advisory Commission One Cross Representative whose term will coincide with their term on the cross represented board or commission (Vacant Cross Representative Member term of Reber) Applicants: Thea Dement, 375 Alpine St. - Current member of Historic Preservation Commission — Term Expires 711/23 Steven Drahozal, 683 West 11th St. - Current member of Catfish Creek Watershed Management Authority - Term Expires 7/16/24 Lori 011endick, 1390 Oak Park Pl. - Current member of Park and Recreation Advisory Commission — Term Expires 7/1/25 Yas Nays Wethal Jones Farber Resnick Cavanagh Roussell S rank sD 3b 3b 5b 7 PUBLIC HEARINGS 1. Upper Bee Branch Creek Restoration Railroad Sanitary Interceptor Crossing Project (part of Phase IV of the Bee Branch Watershed Flood Mitigation Project) Proof of publication on notice of public hearing to consider City Council adoption of a resolution approving the proposed plans, specifications, form of contract, and construction estimate in the amount of $3,203,300 for the Upper Bee Branch Creek Restoration Railroad Sanitary Interceptor Crossing Project, and City Manager recommending approval. RESOLUTION Approval of plans, specifications, form of contract, and estimated cost for the Upper Bee Branch Creek Railroad Sanitary Interceptor Crossing Project Suggested Disposition: Receive and File; Adopt Resolution(s) Yas Nays Wethal Jones a Farber Resnick Cavanagh Roussell S rank 0 2. Public Hearing and Approval of Plaza Drive Urban Revitalization Plan Proof of publication on notice of public hearing to consider City Council approve the Plaza Drive Urban Revitalization Plan, and City Manager recommending approval. ORDINANCE Amending City of Dubuque Code of Ordinances Title 3, Revenue and Taxation, Chapter 2 Revitalization Areas, by adopting a new Section 9 Plaza Drive, establishing the Plaza Drive Urban Revitalization Area, and establishing requirements for qualifying property owners Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yas Nays Wethal Jones Farber Resnick Cavan a h Roussell S rank Final Reading and Adopt Yas Nays Wethal Jones Farber Resnick Cavanagh Roussell S rank R n PUBLIC INPUT Hers+age Works CEO ��'��`�"l; '�'e(/°�Y ✓'"`otv"% �"' 7q1� ',;,{V',GI, �6t ®��i.n9hamf Boiler Pes;d�„1-� � xSC pQ-ill if 1591 0h,-� St HPc Mcmbu, of HPG G Emma, stopiJcn, DumA, A#n4 ® DumAs _ ,,n Z-3 full A �s m©Ily Grove.,, 3bD lrloin Sf .� "al �p I CoEm ily �� Cewe.11 3 RJ D; C inS© �s tlr� (Rcs nce� A4.�" roa l� 2 A pg1%i� K1aVi+}vr� r1t /rlpgeM,aMey� en,'LMxc�� _ 1090 W 3 � A �Gc n %<, w NPC m,, � e -e " , ioRRS M we,14 -PC II erry mozenoy (U;�ru�i) %�aQ ma�e Cad dL QU/n, �� a�e'y 103-C W 3'd �5} RP6 C*R -k w� t , 44c ACC, 14 �w � � die A,% ReQe"rrJ4� ,G ?94 > a t2, Id SUSan Pri(� �v1�Pd 1rI/� ucaC �6 414 1rGa r-Y04 ". Asv",,� lug LG-alry 51orpcIrnrnn OF l)'U6vRvt Ark Jh� q„�ler e r O� Q. /� �ndre.W But l 6ecKer c4ti nho,m It Butler Rd n 3, Duane Ho,9CA} of I}em a hfr'ivooc ljo(k5 Ll,Tom Pec�\Osh a3)o s;mPson A 57ar,Kr�ry Kc( z Oecann-e QU0.Y1r), arm 'Molly 6—coveJr. of �rcornmol'C2 54 ACTION ITEMS 1. Government Finance Officers Association (GFOA) Distinguished Budget Presentation Award City Manager transmitting the notification of the City of Dubuque receiving the Government Finance Officers Association Distinguished Budget Presentation Award for the 17th consecutive year. Suggested Disposition: Receive and File Ya Nays Wethal Jones Farber Resnick Cavanagh Roussell S rank 11 2. Approval of an Ordinance to Remove the Area Bounded by 7th Street, 8th Street, Bluff Street, and Locust Street from the Conservation District City Manager recommending City Council approval of an ordinance removing from the Conservation District the block bounded by 7th Street, 8th Street, Bluff Street, and Locust Street. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by amending Article 10-8-A-8 pertaining to alteration of the Downtown Neighborhood Conservation District to remove the city block bounded by 7th/Locust/8th/Bluff Streets Suggested Disposition: Receive and File; Motion B; Motion A Sus end the Readin s Yas Nays Wethal Jones Farber Resnick Cavanagh Roussell S rank Final Reading and Ada t Yas Nays Wethal I Jones Farber Resnick Cavanagh Roussell a S rank EEI 12 3. Resolution Approving the Fourth Amendment to Development Agreement by and among the City of Dubuque, Roshek Property, LLC, Cottingham & Butler, Inc., and Heartland Financial USA, Inc. City Manager recommending City Council approval of a Fourth Amendment to the Development Agreement by and among the City of Dubuque, Roshek Property, LLC, Cottingham & Butler, Inc., and Heartland Financial USA, Inc. (now known as HTLF). RESOLUTION Approving the Fourth Amendment to Development Agreement by and among the City of Dubuque, Roshek Property, LLC, Cottingham & Butler, Inc. and Heartland Financial USA, Inc. Suggested Disposition: Receive and File; Adopt Resolution(s) Yams Nays Wethal Jones Farber Resnick Cavanagh Roussell S rank 13 4. Work Session Request - Five Flags City Manager requesting City Council schedule a work session for Monday, at 5:30 p.m. to discuss how to move forward with the Five Flags Project. Suggested Disposition: Receive and File; Council IL� Yas Nas Wethal Jones Farber Resnick Cavanagh Roussell S rank December 5, 2022 �9/IeS.mocii�y /Yo�ibr! I� SOL) pm /V� Vzh 9A.� 14 5. Dubuque County Watershed Partnership — 28E Agreement City Manager providing information about the Watershed Agreement with the County of Dubuque (County) and the Dubuque Soil and Water Conservation District (District) that has allowed the City to continue to collaborate on addressing stormwater flooding and water quality issues on a watershed basis, beyond the limits of its jurisdictional boundary. Civil Engineer II Deron Muehring and Watershed Program Director Eric Schmechel will make a presentation outlining some of the successes of the Watershed Agreement partnership. Suggested Disposition: Receive and File; Presentation Yap Nays Wethal Jones Farber Resnick Td Cavanagh Roussell S rank 15 6. Bee Branch Creek Trail Phase 1 Project City Manager recommending City Council adopt a resolution to award the public improvement contract for the Bee Branch Creek Trail Project — Phase 1 Project, Iowa DOT Project TAP- 2100(697)-81-31 to Tschiggfrie Excavating Co., of Dubuque, IA, in the amount of $604,809.62 subject to Iowa DOT concurrence and approval of award. RESOLUTION Awarding Public Improvement Contract for the Bee Branch Creek Trail Project — Phase 1 Project, Iowa DOT Project No. Tap-2100(697)-81-31 Suggested Disposition: Receive and File; Adopt Resolution(s) Ya Nays Wethal Jones Farber Resnick Cavanagh Roussel) S rank it. 7. Amending Ordinance 38-22 for the Derby Grange Road Housing Urban Renewal Area City Manager recommending City Council adopt an amendment to Ordinance 38-22 for the Derby Grange Road Housing Urban Renewal Plan by removing property from the division of revenues within the Derby Grange Urban Renewal Area. ORDINANCE Amending Ordinance No. 38-22 providing that general property taxes levied and collected each year on all property located within the Derby Grange Road Housing Urban Renewal Area, in 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 said Derby Grange Road Housing Urban Renewal Area by revising the boundaries of the Derby Grange Road Housing Urban Renewal Area as described herein Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Y s Nays Wethal Jones Farber Resnick Cavanagh Roussell S rank Final Reading and Adopt Yas Nays a Wethal Jones Farber Resnick Cavanagh Roussell S rank WA 8. Trash Cart Distribution Update Public Works Director John Klostermann and Assistant provide an update on the city's trash cart distribution. Suggested Disposition: Receive and File; Presentation Ya s Nays Wethal Jones Farber Resnick Cavanagh Roussel I S rank Public Works Director Arielle Swift will {(?-oOo , rrOnaoYmen+ Supe,,,sar JT ,Ob IIM 9. Work Session Request - Central Avenue Corridor Streetscape Master Plan Draft City Manager requesting City Council schedule a work session for a Central Avenue Corridor Streetscape Master Plan Draft review to be held Monday, December 19, 2022, at 5:30 p.m. Suggested Disposition: Receive and File; Council Yas Nays Wethal Jones Farber Resnick Cavanagh Roussell S rank 19 10. Request to Reschedule July 3, 2023 City Council meeting to July 5, 2023 Mayor Cavanagh requesting City Council reschedule the July 3, 2023, City Council meeting to July 5, 2023. Suggested Disposition: Receive and File; Council Ya s Nays Wethal Jones Farber Resnick Cavanagh Roussell S rank 71esnA lute AJ aftcrld 20 COUNCIL MEMBER REPORTS CLOSED SESSION Purchase or Sale of Real Estate — Chapter 21.5(1)(j) Code of Iowa Motion for closed session @ T. 16 P.M. Mayor Cavanagh stated for the record that the attorneys who will consult with City Council on the issues to be discussed in the closed session are C f3 Yas Nays Wethal Jones Farber Resnick Cavanagh Roussell S rank Reconvene in open session @1. a 5 P.M. 21 ADJOURNMENT @ 9" a 5 p.m. 22 MU. cl, {�3�19P/�?,� 1�Pr� _1�✓Gar� �n-21�4c±gz_o �n�, ��o�_�v�:n� �?�? C� � — ----