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05 15 23 City Clerk's NotesCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:00 p.m. on May 15, 2023, in the second -floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. � J Present: Mayor Ca anagh; Council Members Farber, Jones, Re"snick, Roussell, Sprank, W hat City Manager�an Milligen, City Attor�y Brumwell. Absent: Mayor Cavanagh read the call and stated this is a special session of the City Council called for the purpose of conducting work sessions on a Brownfield Site Conceptual Revisioning Plan and the Flock Safety Automated License Plate reader system. WORK SESSIONS (2) evr_ 1. Flexsteel Industries Brownfield Site Conceptual Revisionin Plan cc` East Central Intergovernmental Association (ECIA) staff will present a brownfieldert� J:ll t�,nncra site conceptual revisioning plan that they have prepared at city staff's request for the former Flexsteel site located at 3400 Jackson Street in Dubuque. bai F,.'�, o�l �C i'l"t� 5cn. `�, Lmi�� S��r�le.Cl�S�ar,�'. C��V4lpl f�M.f,+14*1-ac�R.5i�ef� ��1eS o�1S This work session concluded at p.m. 2. Flock Safety Automated License Plate Reader Presentation Chief of Police Jeremy Jensen and a representative from Flock Safety will present on the Flock Automated License Plate Reader system. w f R cA 5, (V " r [ �,ko, )i There being no further business, Mayor Cavanagh declared the meeting adjourned at r ' )1 P.M. Is/Adrienne N. Breitfelder, CIVIC City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on May 15, 2023, in the second -floor Council Chambers of the Historic Federal, Building 350 W�th Streef. 7 Pr sent: Mayor Cavanagh; Council Members Farber, Jones, Resnick, Roussell, Sprank, Wet h I; City Manager/Van Milligen, City Attor ey Brumwell. L J 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 PRESENTATION(S) 1. ICMA YSEALI Fellow Presentation Assistant City Manager Cori Burbach will introduce ICMA YSEALI Fellow Dr. Tuan Tung. 2. 2023 Employee SPIRIT Awards Recognition Assistant City Manager Cori Burbach will make a presentation on the 2023 City of Dubuque SPIRIT Awards. PROCLAMATION(S) 1. Salvation Army Week (May 15-21, 2023) &r FF a,n �n,JA Am; C On behalf of the Dubuque Salvation Army. 2. Kids to Parks Day (May 20, 2023) 9evc. Fcli Sal On behalf of the Leisure Services Department. 3. Public Works Week (May 21-27, 2023) jc,ZQs}rrman� On behalf of the Public Works Department. 4. LGBTQ+ Pride Month (June 2023) Sro,h Pe) (,r n./) On behalf of the Multicultural Family Center's Family Pride Picnic Committee. P CONSENT ITEMS Yays Nays Wethal Resnick Roussell JI Jones S rank Farber Cavanagh 1. Minutes and Reports Submitted City Council Proceedings of 5/1/23; Civil Service Commission of 513123; Library Board of Trustees Update of 4127123; Long Range Planning Advisory Commission of 4/19/23; Proof of Publication for City Council Proceedings of 4/17/23. Suggested Disposition; Receive and File 2. Notice of Claims and Suits Kevin Ehrlich 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: Kevin Ehrlich 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 Chief Financial Officer/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. Four Mounds Foundation Historical Resource Development Program (HRDP) Grant Submission for Four Mounds Foundation National Register of Historic Places Update City Manager sharing information with City Council that the Four Mounds Foundation applied for a grant related to the city owned Four Mounds Park that would allow for Four Mounds to amend and update its National Register of Historic Places Nomination to include a statewide significant designation, as well as to include the 1953 Pine Block Cabin on the site nicknamed "Marvin Gardens". Suggested Disposition: Receive and File 6. Brownfield Conceptual Redevelopment Plan for 3400 Jackson Street (former Flexsteel Industries Site) City Manager providing information to City Council to receive and file for the Brownfield Conceptual Redevelopment Plan for 3400 Jackson Street. Suggested Disposition: Receive and File 3 Yas Nays Wethal Resnick Roussell Jones S rank Farber Cavanagh 7. Third Amendment to Development Agreement Between the City of Dubuque and Port of Dubuque LLC City Manager recommending City Council approval of a Third Amendment to Development Agreement Between the City of Dubuque and Port of Dubuque LLC. RESOLUTION Approving a Third Amendment to Development Agreement by and between the City of Dubuque, Iowa and Port of Dubuque LLC Suggested Disposition: Receive and File; Adopt Resolution(s) 8. Addendum to Approved Purchase Agreement for Disposition of City -Owned Property at 2407 Queen Street City Manager recommending City Council approve the addition of the FHA Amendatory Clause and Real Estate Certification to the purchase agreement for 2407 Queen Street and authorize the Housing and Community Development Department Director to execute the documents. RESOLUTION Adding the FHA Amendatory Clause and Real Estate Certification to the Purchase Agreement for 2407 Queen Street Suggested Disposition; Receive and File; Adopt Resolution(s) 9. Second Amendment to Community Development Block Grant (CDBG) Subrecipient Agreement between the City of Dubuque and Dubuque Community YMCAIYWCA Domestic Violence Shelter City Manager recommending City Council approve the second amendment to the Subrecipient Agreement with Dubuque YMCA/YWCA Domestic Violence Shelter and authorize the Mayor to execute the amendment on behalf of the City. RESOLUTION Authorizing the Second Amendment to the CDBG Subrecipient Agreement between the City of Dubuque and Dubuque Community YMCAIYWCA Suggested Disposition: Receive and File; Adopt Resolution(s) 10. Acceptance of United States Department of Agriculture (USDA) Office of Urban Agriculture and Innovative Production Grant City Manager recommending City Council approve the resolution and authorize the Mayor to designate the City Manager or Housing and Community Development Department to execute grant documents on behalf of the city for the USDA's Office of Urban Agriculture and Innovation Production Grant. RESOLUTION Accepting USDA Office of Urban Agriculture and Innovative Production Grant Suggested Disposition: Receive and File; Adopt Resolution(s) S Yas Nays Wethal Resnick Roussel] Jones S rank Farber Cavanagh 11. Chavenelle Road Hike Bike Trail Phase 2: Recommendation for Acceptance City Manager recommending City Council adopt the attached resolution to accept the public improvements and the authorize the payment of the final contract amount of $399,242,51 to Midwest Concrete, Inc., of Peosta, fA, for the Chavenelle Road Hike -Bike Trail - Phase 2 Project (Iowa DOT Project No. EDP- 2100(696)-7Y-31. RESOLUTION Accepting the Chavenelle Road Hike Bike Trail Phase 2 Project and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 12. Acceptance of Grant of Easement for Ingress/Egress and Sidewalk from Joyce M. Tricarico and Michael Tricarico over private property at 2405 Queen Street in Dubuque City Manager recommending City Council adopt a resolution accepting the Grant of Easement for Ingress/Egress and Sidewalk over and across Part of Lot 1-70 in Stafford's Addition, in the City of Dubuque, Iowa, to address the existing sidewalk encroachment issue prior to the sale of the City -owned property at 2407 Queen Street to Melissa Sarazin, as shown in Easement # 2 on the exhibit attached to the Grant of Easement. RESOLUTION Accepting a Grant of Easement for Ingress/Egress and Sidewalk over and across part of Lot 1-70 in Stafford's Addition, in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 13. City of Dubuque and Interstate Power and Light Company Memorandum of Understanding Potential Purchase of Excess Property at Former Power Plant Site City Manager recommending City Council adopt the attached resolution authorizing the City Manager to execute the Memorandum of Understanding Agreement between the City and Interstate Power and Light Company (IPL) for the potential purchase of excess property at the former Power Generation Plant site on 7th Street. RESOLUTION Approving a Memorandum of Understanding between the City of Dubuque and the Interstate Power and Light Company (IPL) for the potential purchase of excess property at the former Power Generation Plant Site on 7th Street Suggested Disposition: Receive and File; Adopt Resoiution(s) 14. Iowa Amphitheater on Schmitt Island Project: Request to Distribute RFQ and Create an RFQ Review Committee City Manager recommending City Council approval to release the Request for Qualifications (RFQ) for professional services for the Iowa Amphitheater on Schmitt Island Project and that the City Manager be authorized to negotiate and execute an agreement with the recommended consultant. Suggested Disposition: Receive and File; Approve 61 0 Yas Nays Wethal Resnick Roussel] Jones S rank Farber Cavanagh 15. Signed Contract(s) Gronen Restoration, Inc. for use of a Licensed Area; Origin Design Co. for the Old Highway Road Water Main Connection Loop. Suggested Disposition: Receive and File 16. Sustainable Dubuque Community Grant Award Recommendation City Manager recommending City Council approval of the revised recommendations of the Resilient Community Advisory Commission regarding the Round 27 funding of the Sustainable Dubuque Community Grant program. RESOLUTION Awarding additional Sustainable Dubuque grant funding to various organizations Suggested Disposition: Receive and File; Adopt Resolution(s) 17. Iowa Arts Council Grant Application City Manager recommending City Council approval of the submittal of the grant proposal to the Iowa Arts Council. Suggested Disposition: Receive and File; Approve 18. House File 718— City Manager submitting information on House File 718 and the impact on the City of Dubuque. Suggested Disposition: Receive and File 19. Certified List - Police Officer Civil Service Commission submitting the certified list for the position of Police Officer. Suggested Disposition: Receive and File; Male Matter of Record 20. Approval of Retail Alcohol Licenses City Manager recommending City Council approval of retail alcohol licenses as submitted. RESOLUTION Approving applications for retail alcohol licenses, 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) 0 ITEMS SET FOR PUBLIC HEARING 1. Sale of City -owned property at 1559 Washington Street City Manager recommending City Council hold a public hearing on June 5, 2023, for the purpose of disposing of City -owned real property located at 1559 Washington Street. RESOLUTION Intent to dispose of an interest in City of Dubuque real estate to RC Restoration LLC, setting a time and place for hearing, and providing for the publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for June 5, 2023 2. Old Highway Road Water Main Installation Project: Initiate Public Bidding and Set the Public Hearing Date City Manager recommending City Council adopt the resolution granting preliminary approval of the plans, specifications, form of contract, and estimated cost of $748,810 for the Old Highway Road Water Main Installation project; and establish June 5, 2023, as the date of the public hearing. RESOLUTION The Old Highway Road Water Main Installation Project 2023: 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; and ordering the advertisement for bids Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for June 5, 2023 3. Resolution Setting a Public Hearing on a Proposed Development Agreement by and between the City of Dubuque, Iowa and McCoy Group, Inc. LLC Providing for the Sale of City - owned Real Estate to McCoy Group, Inc. and the Issuance of Urban Renewal Tax Increment Revenue Grant Obligations Pursuant to the Development Agreement City Manager recommending City Council set a public hearing for June 20, 2023, on a proposed Development Agreement by and between the City of Dubuque, Iowa and McCoy Group, Inc. and the City of Dubuque providing for the sale of City -owned real estate in Greater Downtown Urban Renewal District to McCoy Group, Inc. and the issuance of Urban Renewal Tax Increment Revenue Grant Obligations. 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 Greater Downtown Urban Renewal District; (2) determining that the offer to purchase submitted by McCoy Group, Inc. 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 McCoy Group, Inc. in the event that no competing proposals are submitted; and (3) soliciting competing proposals Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for June 20, 2023 7 Yayp Nays Wethal Resnick Roussell Jones S rank Farber Cavanagh BOARDS/COMM ISSIONS 1. Boards and Commission Appointments Appointments to the following commissions to be made at this meeting. i. Equity and Human Rights Commission One, 3-Year term through January 1, 2024 (Vacant term of Evans) Applicants: Pamela Birch, 1550 Butterfields Dr.; Michaela Freiburger, 1718 Diane Ct.; Kristen Leffler, 159 Julien Dubuque Dr.; Candace Raymond, 1155 Tressa St.; Theresa Sampson Brown, 2285 Clydesdale Ct.; Nina Streauslin, 3904 Cora Dr. This commission is subject to the State of Iowa Gender Balance Law, §69.16A. 9 Commissioners total; currently 4 males/4 females/ 1 opening Pamela Birch Michaela Frelburger Kristen Leffler Candace Raymond Theresa Sampson Brown Nina Streauslin Wethal %( Resnick Roussel/ Jones Sprank Farber Cavanagh Pamela Birch Michaela Freiburger Kristen Leffler Candace Raymond Theresa Sampson Brown Nina Streauslin Wethal Resnick Roussell Jones Sprank Farber Cavanagh Pamela Birch Michaela Freiburger Kristen Leffler Candace Raymond Theresa Sampson Brown Nina Streauslin Wethal Resnick Roussell Jones Sprank Farber Cavanagh N ii. Long Range Planning Advisory Commission One, 3-Year term through July 1, 2025 (Vacant term of Krayer) Applicant; Cliff Conrad, 135 West 17th St Nays -Yayp Wethal Resnick Roussell Jones 5 rank Farber Cavanagh 10 PUBLIC HEARINGS 1. Municipal Services Center EV Charging Stations Project Proof of publication on notice of public hearing to consider City Council adopt a resolution authorizing the approval of the plans, specifications, form of contract, and estimated cost of $134,670.00 for the Municipal Services Center EV Charging Stations Project, and City Manager recommending approval. RESOLUTION Municipal Services Center EV Charging Stations Project; approval of plans, specifications, form of contract, and estimated cost; for the Municipal Services Center EV Charging Stations Project Suggested Disposition: Receive and File; Adopt Resolution(s) YaY§ Nays Wethal Resnick Roussell Jones S rank Farber Cavanagh 11 2. 2023 Pavement Marking Project Proof of publication on notice of public hearing to consider City Council approve the plans, specifications, form of contract and estimated cost of $226,693.00 for the 2023 Pavement Marking Project through the adoption of the attached resolution, and City Manager recommending approval. RESOLUTION Approval of plans, specifications, form of contract, and estimated cost for the 2023 Pavement Marking Project Suggested Disposition: Receive and File; Adopt Resolution(s) Yayp Nays Wethal Resnick Roussel] .tones S rank Farber �. Cavanagh 12 3. Public Hearing for Sale of City -Owned Property at 590 Clarke Drive Proof of publication on notice of public hearing to consider City Council approve the purchase agreement for 590 Clarke Drive for the asking amount of $20,000 as presented, and City Manager recommending approval. RESOLUTION Disposing of city interest in real property at 590 Clarke Drive, in the City of Dubuque, Iowa Suggested Disposition; Receive and File; Adopt Resolution(s) Ya Nays Wethal Resnick Roussell Jones Sprank Farber Cavanagh 13 4. Fiscal Year 2023 Second Budget Amendment Proof of publication on notice of public hearing to consider City Council approval of the second Fiscal Year 2023 Budget Amendment, and City Manager recommending approval. RESOLUTION Amending the current budget for Fiscal Year Ending June 2023 (as last certified or amended on 10/17/2022) Suggested Disposition: Receive and File; Adopt Resolution(s) Ya Nays Wethal Resnick Roussell Jones S rank Farber Cavanagh 14 n PUBLIC INPUT / Ow" Ells. � CU�r o," 3 Po ACTION ITEMS 1. Destination Iowa Outdoor Recreation Fund Grant: Iowa Amphitheater on Schmitt Island City Manager recommending City Council approval for the City Manager to execute the Destination Iowa Outdoor Recreation Fund Grant. Suggested Disposition: Receive and File; Approve Yay,t Nays Wethal Resnick Jj Roussell Jones S rank Farber Cavanagh_ 16 2. St. Anne & Avalon Intersection Reconstruction Project City Manager recommending City Council award the Public Improvement Construction Contract for the St. Anne and Avalon Intersection Reconstruction Project to Offset Construction, LLC in the low bid amount of $207,547.60 through adoption of the attached resolution. RESOLUTION Awarding Public Improvement Construction Contract for the St. Anne and Avalon Intersection Reconstruction Project Suggested Disposition: Receive and File; Adopt Resolution(s) Yay,s Nays Wethal Resnick Roussell Jones Sprank Farber Cavana h 17 3. Proposed amendment to the 2020 National Electrical Code City Manager recommending City Council approval of amendments to the City of Dubuque Code of Ordinances, Title 14 Building and Development, Chapter 1 Building Codes. The National Electrical Code, or NEC, is a model code which covers electrical installations for both residential and commercial construction. ORDINANCE Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article D Electrical Code Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Read[ n s Yas Nays Wethal Resnick Roussell Jones Sprank Farber Cavanagh Final Reading and Adopt Yas Nays Wethal Resnick Roussell Jones Sprank Farber Cavanagh W 4. Adoption of the 2021 International [-Codes City Manager recommending City Council review and adopt the proposed amendments to the City of Dubuque Code of Ordinances, Title 14 Building and Development, Chapter 1 Building Codes, 2021 International I -Codes. ORDINANCE Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article A Building Code and Regulations ORDINANCE Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article B Residential Code ORDINANCE Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article E Fire Code and Regulations ORDINANCE Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article F Mechanical Code ORDINANCE Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article J Property Maintenance Code ORDINANCE Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article K International Existing Building Code Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readin s Yas Nays Wethal Resnick Roussell J. Jones S rank Farber Cavanagh Final Reading and Adopt Yas Nays Wethal Resnick Roussel[ Jones Sprank Farber Cavanagh iiL', 5. Adoption of the 2021 Uniform Plumbing Code City Manager recommending City Council review and adopt the enclosed amendments to the City of Dubuque Code of Ordinances, Title 14 Building and Development, Chapter 1 Building Codes, Article H Plumbing Code. ORDINANCE Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes ORDINANCE Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes by repealing Article H Plumbing Code and adopting a new Article H Plumbing Code in lieu thereof Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readin s Yas Nays Wethal Resnick Roussel[ Jones S rank Farber Cavanagh Final Reading and Adopt Yas Nays_ Wethal Resnick Roussell Jones Sprank Farber Cavana h K41 6. Amendment to Ordinance 14-9-1 Swimming Pools City Manager recommending City Council review and adopt the enclosed amendments to the City of Dubuque Code of Ordinances, Title 14 Building and Development, Chapter 9 Swimming Pools. ORDINANCE Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 9 Swimming Pools, Section 14-9-1 Definition Suggested Disposition: Receive and File; Motion B; Motion A Sus end the Readin s Yas Nays Wethal Resnick Roussell Jones Sprank Farber Cavanagh Final Reading and Ado t Yas Nays Wethal Resnick Roussel] Jones Sprank Farber Cavanagh 21 Yayp Nays Wethal Resnick Roussell Jones Sprank Farber Cavanagh COUNCIL MEMBER REPORTS POW 1/V CLOSED SESSION Pending Litigation and Purchase or Sale of Real Estate — Chapter 21.5(1)(c),O) Code of Iowa Motion for closed session @ 3%00 p.m. Mayor Cavanagh stated for the record that the attorney will consult with City Council on the issues to be discussed in the closed session is < Reconvene in open session @ p.m. ADJOURNMENT @ 1 " V p.m. WA ,5/54�3 a ;9,1,1,;," A5,4.l �� • 30 r �� C to, ke ge� //Q?,naw� jymsqv, CT I Or Ila AS i- G 22 rc& am •mil � 7� l �t� �Dz✓ � ---- "�' - zz xj� ;If ~'j C-77 44 aE Z--v ��41i e t Al C �d �✓ � � �� 61,71 OIA61 i Imo' [ , / , of - - ' Gip cV'o�'Z [X ,3 / vo ;U�nk J07 /old I 114'a Ae, IJ tU `lN i r V1 --- z _ G�jz,*� / # Oki,, b- 1 4, 1� Y r Ur4 r4ML A J � _ y _ c lua , / LY E�(/ [ (FJ tJlfG (�!/!/� �-- • _. {/(�/- J//—/q'-'-'- ` &�Ilol k � I 6v4vn�t� Ail) il