Proof_City Council Proceedings 05.15.23City of Dubuque
City Council Meeting
Consent Items # 01.
Copyrighted
June 5, 2023
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: Arts and Cultural Affairs Advisory Commission of 2/28/23 and 3/28/23;
City Council Proceedings of 5/15/23; Civil Service Commission of
5/10/23; Zoning Advisory Commission of 5/3/23; Zoning Board of
Adjustment of 4/27/23; Proof of Publication for City Council Proceedings
of 4/24/23, 5/1 /23, and 5/15/23.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
/_1if_Td:I�,I=1kihI'S
Description Type
Arts and Cultural Affairs Advisory Commission of Supporting Documentation
2/28/23
Arts and Cultural Affairs Advisory Commission of
3/28/23
City Council Proceedings of 5/15/23
Civil Service Commission of 5/10/23
Zoning Advisory Commission of 5/3/23
Zoning Board of Adjustment of 4/27/23
Proof of Publication for City Council Proceedings of
4/24/23
Proof of Publication for City Council Proceedings of
5/1 /23
Proof of Publication for City Council Proceedings of
5/15/23
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
qT A T E OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF,PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
05/24/2023
and for which the charge is 384.18
Subscribed to bef a me, a Notary Public in and for
Dubuque County, Iowa,
this 24th day of May, 2023
gj3�;� -P-Qj��L' -
Notary P bl' in and for Dubuque County, Iowa.
J s JANET K. PAPE
w' r Commission dumber 199659
My. Commission Expires
r 12111 /2025
lOYI t'
Ad text : CITY 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.
Present: Mayor Cavanagh; Council Members Farber, Jones,
Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen,
City Attorney Brumwell.
iviayor 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)
l . "Flexsteel Industries Brownfield Site Conceptual
Revisioning Plan
Economic Development Director Jill Connors introduced Dan.
Fox, Senior Planner with East Central Intergovernmental
Association (ECIA), who presented a Brownfield Site Conceptual
Revisioning Plan that ECIA prepared at city staffs request for
the former Flexsteel site located at 3400 Jackson Street in
Dubuque. Mr. Fox and Emily Smart of Blackstone Environmental
responded to questions from the City Council regarding the
cost and timeframes of environmental studies. Responding to
questions from the City Council, City Manager Van Milligen
stated that the property is privately owned by Flexsteel
except for the wetlands they intend to donate to the Dubuque
County Conservation Board and that there may be city
incentives for certain developments on the property. City
Manager Van Milligen also stated that the environmental study
results may lead to restrictions on certain developments in
specific areas of the property. City Council Members
emphasized that the plan is not finalized and confirmed with
the presenters that developers could initiate conversations
with Flexsteel regarding the property at any time.
This work session concluded at 5:41 p.m.
2. "Flock Safety Automated License Plate Reader Presentation
Chief of Police Jeremy Jensen and Hector Soliman-Valdez,
Senior Community Affairs Manager with Flock Safety, presented
on the Flock Automated License Plate Reader system. The
presenters responded to questions from the City Council
regarding data storage, reliability, access, sharing, and
auditing; and what occurs with the data if an individual is
arrested on a warrant. Responding to a question regarding next
steps, Chief Jensen stated that the city must update its
i.--a policy to address City Council concerns and user
parameters.
There being no further business, Mayor Cavanagh declared the
meeting adjourned at 6:27 p.m.
/s/Adrienne N. Breitfelder, CMC
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. 6th Street.
Present: Mayor Cavanagh; Council Members Farber, Jones,
Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen,
City Attorney Brumwell.
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,
t
PLEDGE OF ALLEGIANCE
PRESENTATION(S)
1. ICMA YSEALI Fellow Presentation: Assistant City Manager
Cori Burbach introduced ICMA YSEALI Fellow Dr. Tuan Tung, who
made some brief remarks regarding his fellowship in Dubuque.
2. 2023 Employee SPIRIT Awards Recognition Assistant City
Manager Cori Burbach made a presentation on the 2023 City of
Dubuque SPIRIT Awards and recognized the award recipients.
PROCLAMATION(S)
1. Salvation Army Week (May 15-21, 2023) was accepted by
Captain David Amick on behalf of the Dubuque Salvation Army.
2. Kids to Parks Day (May 20, 2023) was accepted by Park
Division Manager Steve Fehsal on behalf of the Leisure
Services Department.
3. PubIic Works Week (May 21-27, 2023) was accepted by
Public Works Director John Klostermann on behalf of the Public
Works Department.
4. LGBTQ + Pride Month (June 2023) was accepted by
Multicultttr4l;Family Center Assistant Director Sarah Peterson
on behalf of the Multicultural Family Center's Family Pride
Picnic Committee.
CONSENT ITEMS
Mayor Cavanagh requested Item No. 18 be held for separate
discussion. Motion by Resnick to receive and file the
documents, adopt the resolutions, and dispose of as indicated
except for Item No. 18. Seconded by Jones. Motion carried 7-0.
1. Minutes and Reports Submitted: City Council Proceedings
of 5/l/23; Civil Service Commission of 5/3/23; Library Board
of Trustees Update of 4/27/23; Long Range Planning Advisory
Commission of 4/19/23; Proof of Publication for City Council
Proceedings of 4/17/23. Upon motion the documents were
received and filed.
2. Notice of Claims and Suits: Kevin Ehrlich for property
damage. Upon motion the documents were received, filed, and
referred to the City Attorney.
3. Disposition of Claims: City Attorney advised 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. Upon motion the
documents were received, filed, and concurred.
4. Approval of City Expenditures: Upon motion the documents
were received and filed, and Resolution No. 144-23 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 was adopted.
5. Four Mounds Foundation Historical Resource Development
Program (HRDP) Grant Submission for Four Mounds Foundation
National Register of Historic Places Update: City Manager
shared 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. Upon motion the documents were received and
filed.
6. Brownfield Conceptual Redevelopment Plan for 3400 Jackson
Street (former Fiexsteel Industries Site): Upon motion the
documents were received and filed.
7. Third Amendment to Development Agreement Between the City
of Dubuque and Port of Dubuque LLC: Upon motion the documents
were received and filed, and Resolution No, 145-23 Approving a
Third Amendment to Development Agreement by and between the
City of Dubuque, Iowa and Port of Dubuque LLC was adopted.
S. Addendum to Approved Purchase Agreement for Disposition
or City -Owned Property at 2407 Queen Street: Upon motion the f
documents were received and filed, and Resolution No. 146-23
Adding the FHA Amendatory Clause and Real Estate Certification
to the Purchase Agreement for 2407 Queen Street was adopted.
9. Second Amendment to Community Development Block Grant
(CDBG) Subrecipient Agreement between the City of Dubuque and
Dubuque Community YMCA/YWCA Domestic Violence Shelter: Upon
motion the documents were received and filed, and Resolution
No. 147-23 Authorizing the Second Amendment to the CDBG
Subrecipient Agreement between the City of Dubuque and Dubuque
Community YMCA/YWCA was adopted.
10. Acceptance of United States Department of Agriculture
(USDA) Office of Urban Agriculture and Innovative Production
Grant: Upon motion the documents were received and filed, and
Resolution No. 148-23 Accepting USDA Office of Urban
Agriculture and Innovative Production Grant was adopted.
11. Chavenelle Road Hike Bike Trail Phase 2: Recommendation
for Acceptance: Upon motion the documents were received and
filed, and Resolution No. 149-23 Accepting the Chavenelle Road
Hike Bike Trail Phase 2 Project and authorizing the payment of
the contract amount to the contractor was adopted.
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: Upon motion
the documents were received and filed, and Resolution No.
150-23 Accepting a Grant of Easement for Ingress/Egress and
Sidewalk over and across part of Lot 1-70 in Staffords
Addition, in the City of Dubuque, Iowa was adopted.
13. City of Dubuque and Interstate Power and Light Company
Memorandum -of Understanding Potential Purchase of Excess
Property at Former Power Plant Site: Upon motion the documents
were received and filed, and Resolution No. 151-23 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 was adopted.
14. Iowa Amphitheater on Schmitt Island Project: Request to
Di' -tribute RFQ and Create an RFQ Review Committee: Upon motion
the documents were received, filed, and approved.
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. Upon motion the documents were
received and filed.
16. Sustainable Dubuque Community Grant Award
Recommendation: Upon motion the documents were received and
filed, and Resolution No. 152-23 Awarding additional
Sustainable Dubuque grant funding to various organizations was
adopted.
17. Iowa Arts Council Grant Application: Upon motion the
documents were received, filed, and approved.
18. House, File 718: Mayor Cavanagh summarized the
legislations potential effects on the citys budget, stating
that the projected loss of city funds will limit the citys
future investments in the community. City Council members
suggested conducting a work session to further detail the
legislations impact and clarified that the legislation was
signed into law. Motion by Farber to receive and file the
documents. Seconded by Jones. Motion carried 7-0.
19. Certified List - Police Officer: Upon motion the
documents were received, filed, and made a matter of record.
20. Approval of Retail Alcohol Licenses: Upon motion the
documents were received and filed, and Resolution No. 153-23
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,
Ar.tiele B Liquor, Beer and Wine Licenses and Permits was
adopted.
ITEMS SET FOR PUBLIC HEARING
Motion by Roussell to receive and file the documents, adopt
the resoluti.ors, and set the public hearings as indicated.
Seconded by. Sprank. Motion carried 7-0.
1. Sale of City -owned property at 1559 Washington Street:
Upon motion the documents were received and filed, and
Resolution No. 154-23 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 was adopted setting a public hearing for a
meeting to commence at 6:30 p.m. on June 5, 2023 in the
Historic Federal Building.
2. Old Highway Road Water Main Installation Project:
Initiate Public Bidding and Set the Public Hearing Date: Upon
motion the documents were received and filed, and Resolution
No. 155-23 The Old Highway Road Water Main Installation
Pro ., ct 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 was
adopted setting a public hearing for a meeting to commence at
6:30 p.m:. on,June 5, 2023 in the Historic Federal Building.
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 Incremeiit Revenue Grant Obligations Pursuant to
the Development Agreement: Upon motion the documents were
received and filed and Resolution No. 156-23 (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 was adopted setting a public hearing for a
meeting to commence at 6:30 p.m. on June 20, 2023 in the
Historic Federal Building.
BOARDS/COMMISSIONS
Appointments were made to the following boards/commissions.
1. 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.
Upon roll call vote, Ms. Sampson Brown was appointed to the
three-year term through January 1, 2024. Ms. Freiburger
received 1 vote (Wethal), and Ms. Sampson Brown received the
remaining 6 votes.
2. Long Range Planning Advisory Commission: One, 3-Year term
d.vdgh July 1, 2025 (Vacant term of Krayer). Applicant: Cliff
Conrad, 135 West 17th St. Motion by Jones to appoint Mr.
Conrad to the three-year term through July 1, 2025. Seconded
by Sprank. Motion carried 7-0.
PUBLIC HEARINGS
1. Municipal Services Center EV Charging Stations Project:
Motion by Farber to receive and file the documents and adopt
Resolution No. 157-23 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. Seconded by Roussell.
Public Works Director John Klostermann and Sustainable
Communities Coordinator Gina Bell responded to questions from
the City Council regarding future prospects on electric
vehicles (EVs) and their contribution toward the citys goals
within its Climate Action Plan. Mr. Klostermann and City
Manager Van Milligen responded to a question from the City
Council regarding other city departments involvement in
obtaining EVs. City Council Members discussed the benefits of
$Vs and their desire to further invest in the citys ]V fleet.
Motion carried 7-0.
2. 2023 Pavement Marking Project: Motion by Jones to receive
and file the documents and adopt Resolution No. I58-23
Approval of plans, specifications, form of contract, and
estimated cost for the 2023 Pavement Marking Project. Seconded
by Weihal. Responding to a question from the City Council on
how the calculation of the State of lowas portion of the
project is determined, Project Manager Steve Sampson Brown
stated that the states portion is calculated from road use tax
finds from state. Motion carried 7-0.
3. Public Hearing for Sale of City -Owned Property at 590
Clarke Drive: Motion by Resnick to receive and file the
documents and adopt Resolution No. 159-23 Disposing of city
interest in real property at 590 Clarke Drive, in the City of
Dubuque, Iowa. Seconded by Jones. Motion carried 7-0.
4, Fiscal Year 2023 Second Budget Amendment: Motion by
Resnick to receive and file the documents and adopt Resolution
Nn-1-60-23 Amending the current budget for Fiscal Year Ending
June 2023 (as last certified or amended on 10/17/2022).
Seconded by Farber. Motion carried 7-0.
PUBLIC INPUT
Rick Dickinson, President and CEO of Greater Dubuque
Development Corporation (GDDC), thanked the City Council for
their vote in support of Public Hearing No. 1, summarizing the
importance of EVs toward good air quality and how they factor
into Dubuque being a community of choice for residents. Mr.
Dickinson also thanked the City Council and city staff for
Item Set for Public Hearing No. 3, expressing appreciation for
the city quickly addressing the needs of McCoy Group, Inc.
ACTION ITEMS
1. Destination Iowa Outdoor Recreation Fund Grant: Motion by
Resnick to receive and file the documents and approve the City
Manager executing the Destination Iowa Outdoor Recreation Fund
Grant. Seconded by Sprank. Council Member Farber asked if she
needed to recuse herself from the vote. City Attorney Brumwell
confirmed that Council Member Farber did not need to recuse
herself. City Council Members expressed enthusiasm for the
grant. Motion carried 7-0.
2. St. Anne & Avalon Intersection Reconstruction Project:
Motion by Jones to receive and file the documents and adopt
Resolution No. 161-23 Awarding Public Improvement Construction
Contract for the St. Anne and Avalon Intersection
Reconstruction Project. Seconded by Roussell. Motion carried
7-0.
E
3. Proposed amendment to the 2020 National Electrical Code:
Motion by Jones to receive and file the documents and that the
requirement that a proposed ordinance be considered and voted
on for passage at two Council meetings prior to the meeting at
which it is to be passed be suspended. Seconded by Wethal.
Responding to a question from the City Council, Assistant
Housing Director Michael Belmont stated that electrical is not
in scope of the international building codes, and that the
ordinance update is a revision to an existing amendment. City
Attorney Brumwell stated that the National Electrical Code
(NEC) has been adopted by the State of Iowa. Motion carried
7-0.
Motion by Jones for final consideration and passage of
Ordinance No. 20-23 Amending City of Dubuque Code of
Ordinances Title 14 Building and Development, Chapter 1
Building Codes, Article D Electrical Code. Seconded by Wethal.
Motion carried 7-0.
4, Adoption of the 2021 International I -Codes: Motion by
Roussell to receive and file the documents and that the
requirement that a proposed ordinance be considered and voted
on for passage at two Council meetings prior to the meeting at
which it is to be passed be suspended. Seconded by Sprank.
City Council Members discussed the exclusion of residential
sprinklers in the City of Dubuque Code of Ordinances and that
future discussions may be needed regarding them. Motion
carried 7-0.
Motion by Roussell for final consideration and passage of
Ordinance No. 21-23 Amending City of Dubuque Code of
Ordinances Title 14 Building and Development, Chapter 1
Building Codes, Article A Building Code and Regulations;
Ordinance No. 22-23 Amending City of Dubuque Code of
Ordinances Title 14 Building and Development, Chapter 1
Building Codes, Article B Residential Code; Ordinance No.
23-23 Amending City of Dubuque Code of Ordinances Title 14
Building and Development, Chapter 1 Building Codes, Article E
Fire Code and Regulations; Ordinance No. 24-23 Amending City
of Dubuque Code of Ordinances Title 14 Building and
Development, Chapter 1 Building Codes, Article F Mechanical
Code; Ordinance No. 25-23 Amending City of Dubuque Code of
Ordinances Title 14 Building and Development, Chapter 1
Building Codes, Article J Property Maintenance Code; and
Ordinance No. 26-23 Amending City of Dubuque Code of
Ordinances Title 14 Building and Development, Chapter I
Building Codes, Article K InternationaI Existing Building
Code. Seconded by Sprank. Motion carried 7-0.
5. Adoption of the 2021 Uniform Plumbing Code: Motion by
Jones to receive and file the documents and that the
requirement that a proposed ordinance be considered and voted
on for passage at two Council meetings prior to the meeting at
which it is to be passed be suspended. Seconded by Farber.
Motion carried 7-0.
Motion by Jones for final consideration and passage of
Ordinance No. 27-23 Amending City of Dubuque Code of
Ordinances Title 14 Building and Development, Chapter 1
Building Codes; and Ordinance No. 28-23 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.
Seconded by Wethal. Motion carried 7-0.
6. Amendment to Ordinance 14-9-1 Swimming Pools: Motion by
Roussell to receive and file the documents and that the
requirement that a proposed ordinance be considered and voted
on for passage at two Council meetings prior to the meeting at
which it is to be passed be suspended. Seconded by Sprank.
Responding to a question from the City Council, Mr. Belmont
stated that the ordinance amendment updates the definition of
swimming pool to address safety issues. Motion carried 7-0.
Motion by Roussell for final consideration and passage of
Ordinance No. 29-23 Amending City of Dubuque Code of
Ordinances Title 14 Building and Development, Chapter 9
Swimming Pools, Section 14-9-1 Definition. Seconded by Sprank.
Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Jones reported on the upcoming honor flights
at the Dubuque Regional Airport.
Mayor Cavanagh reported on the high attendance at the recent
Dubuque farmers markets.
CI nSED SESSION
Motion by Jones to convene in closed session at 8:00 p.m. to
discuss Pending Litigation and Purchase or Sale of Real Estate
Chapter 21.5(1)(c),0) Code of Iowa. Seconded by Resnick.
Mayor Cavanagh stated for the record that the attorney who
will consult with the City Council on the issues to be
discussed in the closed session is City Attorney Brumwell.
Motion carried 7-0.
The City Council reconvened in open session at 9:27 p.m.
stating that staff had been given proper direction.
ADJOURNMENT
There being no further business, Mayor Cavanagh declared the
meeting adjourned at 9:27 p.m.
/s/Adrienne N. Breitfelder, CMC
City Clerk
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