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7 1 24 City Clerk's NotesCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:30 p.m. on July 1, 2024, in the second - floor Council Chambers of the Historic Federal Building, �50 W. 6th Street. V ,_f I Present: Mayor Cavan agh; Council Members Farber, Jones, Resnick, Roussell, Sprank, WethP11; City Manager Van Milligen, City Attorney Prumwell. Absent: Arr;vc Vrrvlai Mayor Cavanagh read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on the Central Avenue and White Street Corridor Traffic Study. WORK SESSION Central Avenue and White Street Corridor Traffic Study Representatives from Bolton & Menk will be presenting stakeholder outreach, vision/goals, existing conditions results and concepts that are being considered for the Central Avenue and White Street corridor. r r t y� There being no further business, Mayor Cavanagh declared the meeting adjourned at ti ' J p.m. CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on July 1, 2024, in the second - floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. resent: Mayor Cavanagh; Council Members Farber, Jo es, Resnick, Roussell, Sprank, \ e?thal; City Manager Van Milligen, City Attor9by 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 0 CONSENT ITEMS Yas Nas Resnick Cavanagh Roussell Jones Wethal Farber S rank 1. Minutes and Reports Submitted City Council Proceedings of June 17 and June 18, 2024; Civil Service Commission of June 12, 2024; Equity and Human Rights Commission of April 9, 2024; Five Flags Civic Center Commission of March 4, 2024; Library Board of Trustees Council Update of May 23, 2024; Proof of Publication for City Council Proceedings of May 29, 2024. Suggested Disposition: Receive and File 2. Approval of City Expenditures City Manager recommending approval for payment of City expenditures. RESOLUTION Authorizing the Chief Financial Officer 1 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) 3. FY 2025 Arts & Culture Operating Support & Capacity Building Grants Funding Recommendation City Manager recommending concurrence with the Arts & Cultural Affairs Advisory Commission for the recommended recipients and funding levels of the FY2025 Arts & Culture Operating Support & Capacity Building grant applicants as provided. Suggested Disposition: Receive and File; Concur 4. Approving Fund Transfers for Capital Projects and Other Expense Reimbursements in Fiscal Year 2024 — Period 13 City Manager recommending approval of the suggested proceedings approving a transfer of funds for capital projects and other expense reimbursements. RESOLUTION Authorizing the Chief Financial Officer to make the Appropriate Interfund Transfers of Sums and Record the Same in the Appropriate Manner for the FY 2024 for the City Of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 5, Multicultural Family Center Board Receives Iowa Governor's Volunteer Award City Manager providing a copy of the press release announcing that the Multicultural Family Center Board of Directors received the Iowa Governor's Volunteer Award. Suggested Disposition: Receive and File E: Yas Nays Resnick Cavanagh Roussell Jones Wethal Farber S rank 6. Seippel Road Water Main Lowering Project Award City Manager recommending to award the construction contract for the Seippel Road Water Main Lowering Project to Top Grade Excavating of Farley, Iowa in the amount of $186,275.20 which is 27.64% under the estimate of probable cost, through adoption of the attached resolution. RESOLUTION Awarding Public Improvement Contract for the Seippel Road Water Main Lowering Project Suggested Disposition: Receive and File; Adopt Resolution(s) 7. Walmart, Inc. and Wal-Mart Real Estate Business Trust 2023 Property Tax Appeal Stipulation of Settlement Approval Senior Counsel recommending approval of the Stipulation of Settlement for a 2023 property tax appeal filed by Walmart, Inc. and Wal-Mart Real Estate Business Trust for their property located at Parcel No. 1028352901 • Suggested Disposition: Receive and File; Approve 8. Walmart, Inc. and Sam's Real Estate Business Trust 2023 Property Tax Appeal Stipulation of Settlement Approval Senior Counsel recommending approval of the Stipulation of Settlement for a 2023 property tax appeal filed by Walmart, Inc. and Sam's Real Estate Business Trust for their property located at 4400 Asbury Road. Suggested Disposition: Receive and File; Approve 9. J & M Fireworks Permit Request City Manager recommending approval of a Fireworks Permit for a private fireworks display at Dubuque Golf and Country Club on July 12, 2024. Aerial fireworks displays require the approval of the City Council prior to permit issuance. Suggested Disposition: Receive and File; Approve 10. Q Casino and Beartooth Fireworks Permit Request City Manager recommending approval of a Pyrotechnics Permit to use pyrotechnics at the Beartooth music performance at the Q Casino on July 18, 2024. Pyrotechnic permits require the approval of the City Council prior to permit issuance. Suggested Disposition: Receive and File; Approve 11. Letter of Support for Crescent Community Health Center City Manager providing a copy of a letter of support on behalf of the City of Dubuque in support of the Crescent Community Health Center's (Crescent's) proposal for the HRSA grant opportunity for Expanded Hours, Suggested Disposition: Receive and File; Approve 9 Ya s Nays Resnick Cavanagh Roussell Jones Wethal Farber S rank 12. Approve FY25 Four Mounds Foundation Community Development Block Grant Agreement City Manager recommending to approve the attached Community Development Block Grant Agreement for the payment of up to $56,905 for the Leisure Services Four Mounds Adventure Day Camp Program with the Four Mounds Foundation and authorize the Mayor to execute the contract on behalf of the City. Suggested Disposition: Receive and File; Approve 13. Iowa Health and Human Services (Iowa HHS) Childhood Lead Poisoning and Healthy Homes Funding and Agreement with the Visiting Nurse Association (VNA) and the Dubuque County Board of Health City Manager recommending to approve the contract with the Dubuque County Board of Health and the Iowa Health and Human Services (Iowa HHS) for continued funding of the Childhood Lead Poisoning Prevention Program (CLPPP), a renewed agreement with the Visiting Nurse Association for services related to CLPPP and Health Homes Program and authorize the City Manager to sign. Suggested Disposition: Receive and File; Approve 14. Bee Branch Stormwater Pumping Station (Phase IV of the Bee Branch Watershed Flood Mitigation Project) Project #5586500007 FEMA PDM Grant City Manager recommending to adopt the attached resolutions authorizing an application for a FEMA PDM grant, pledging matching funds in the amount of $18,619,820, and establishing Chief Financial Officer Jenny Larson and Water & Resource Recovery Center Director Deron Muehring as authorized City representatives in order to submit the application for $8,690,000 in funding for the Bee Branch Stormwater Pumping Station (Phase IV of the Bee Branch Watershed Flood Mitigation Project). RESOLUTION Approving a Federal Emergency Management Agency Pre -Disaster Mitigation Grant Application Construction of the Dubuque Flood Mitigation Gates and Pumps Project and Establishing Authorized City Representatives as, Required to Submit the Application RESOLUTION Local Match for Hazard Mitigation Assistance Program Suggested Disposition: Receive and File; Adopt Resolution(s) `[e] Yas Nays Resnick Cavanagh Roussell Jones Wefhal Farber S rank 15. East-West Corridor Capacity Improvements Professional Consultant Services Contract - Supplemental Agreement No.2 Preliminary Engineering Design and Environmental Clearance Phase Iowa DOT Project No. STBG-SWAP-2100 (698)--SG-31 City Manager recommending City Council authorize the City Manager to execute the Consultant Professional Services - Supplemental Agreement No. 2 with HDR, Inc. which approves revisions to the original scope of services to perform supplemental Phase 1 architectural investigation survey to complete the Preliminary Engineering Design and Environmental Clearance Phase to advance the development of East-West Corridor Capacity Improvements, subject to the concurrence of the Iowa Department of Transportation, through adoption of the enclosed resolution. RESOLUTION Approving the Consultant Professional Services - Supplemental Agreement No. 2 Between HDR Inc. and the City of Dubuque for the East-West Corridor Capacity Improvements Suggested Disposition: Receive and File; Adopt Resolution(s) 16. East-West Corridor Capacity Improvements Approve Amended Federal -Aid SWAP Funding Agreement Iowa DOT Project Iowa DOT Agreement City Manager recommending approval and authorization for the Mayor to execute an Amended Federal- Aid SWAP Funding Agreement (Agreement No. 6-19-STBG-SWAP-040-A) with the Iowa Department of Transportation (Iowa DOT) for the development and advancement of East-West Corridor Capacity Improvements. RESOLUTION Approving an Amended Federal -Aid Swap Funding Agreement (6-19-STBG- SWAP-040- with the Iowa Department of Transportation for the Development and Advancement of East- West Corridor Capacity Improvements Suggested Disposition: Receive and File; Adopt Resolution(s) 17. Accepting Grant of Permanent Embankment Easement across Rockdale Church Property off Old Mill Road in Dubuque as Part of Phase One of the Old Mill Road Lift Station Project City Manager recommending City Council adopt a resolution accepting the Grant of Permanent Embankment Easement through, under and across Part of Lot 1 of the Subdivision of Mineral Lot 513, Lot 1 of Lot 1 of Mineral Lot 507, and "Grave Yard Lot", in the City of Dubuque, Iowa, as shown on Exhibit A on the attached Grant of Easement. RESOLUTION Accepting a Grant of Permanent Embankment Easement through, under and across Part of Lot 1 of the Subdivision of Mineral Lot 513, Lot 1 of Lot 1 of Mineral Lot 507, and "Grave Yard Lot", in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 0 Yas Nays Resnick Cavanagh Roussell Jones Wethal Farber S rank 18. Accepting the Grant of Easements from Rabbit Hollow Nature Conservancy, Inc. City Manager recommending to adopt the resolution accepting the Grant of Easements from Rabbit Hollow Nature Conservancy, Inc. for the Sanitary Sewer Utility and Sanitary Sewer Access for Phase One Old Mill Rd. Lift Station. RESOLUTION Accepting the Grant of Easements from Rabbit Hollow Nature Conservancy, I nc. Suggested Disposition: Receive and File; Adopt Resolution(s) 19. Purchase Agreement between the City of Dubuque, Rabbit Hollow Nature Conservancy, Inc. and Iowa Natural Heritage Foundation.- Accepting the Warranty Deed City Manager recommending to adopt a resolution Accepting the Deed to satisfy the terms of the Purchase Agreement between the City of Dubuque, Rabbit Hollow Nature Conservancy, Inc. and Iowa Natural Heritage Foundation to purchase property necessary for the construction of Phase One of the Old Mill Rd. Lift Station Project. RESOLUTION Accepting the Deed from Rabbit Hollow Nature Conservancy, Inc. to Certain Real Estate In Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 20. Pickett Street Rehabilitation Award Recording Memo City Manager recommending to award the Public Improvement Construction Contract for the Pickett Street Rehabilitation Project to Valentine Construction Co., LLC in the low bid amount of $60,000 through adoption of the attached resolution and is also requesting the attached petition and waiver agreements be signed by the Mayor and City Clerk. RESOLUTION Awarding Public Improvement Construction Contract for the Pickett Street Rehabilitation Project Suggested Disposition: Receive and File; Adopt Resolution(s) 21. Schmitt Island Sanitary Improvements Project Consulting Engineering Services [CIP# 5581500049] City Manager recommending the approval to negotiate and execute a contract with Strand Associates for engineering services for the design of the Schmitt Island Sanitary Improvements Project with an appropriation amount of $218,380. Suggested Disposition: Receive and File; Approve E:3 Yak Nays Resnick Cavanagh Roussel[ Jones Wethal Farber S rank 22. Request for City Council Ratification of Two Amendments to current Collective Bargaining Agreements (Teamsters Mixed and Teamsters (Bus Operators)) City Manager recommending to ratify the following Amendments to two of the existing union/collective bargaining agreements (CBA's) which have been proposed to and have been ratified by the respective unions: 1. Second Amendment to Teamsters Local 120 (Mixed) [BU 0229 and BU 0503] July 1, 2022 through June 30, 2025 CBA replaces the current Article 19 — VACATIONS and 2. Third Amendment to Teamsters Local No. 120 Bus Operators [BU 1158] July 1, 2022 through June 30, 2025 CBA amends Article 16 VACATIONS. Suggested Disposition: Receive and File; Approve 23 3000 Jackson Dubuque Brewing and Malting Project Update ``City Manager is submitting a status update on the Dubuque Brewing and Malting project at 3000 Jackson Street. Suggested Disposition: Receive and File 24. Improvement Contracts 1 Performance, Payment and Maintenance Bonds Eastern Iowa Excavating & Concrete, LLC for the North Grandview Avenue Pavement Rehabilitation Project - Phase 1. Suggested Disposition: Receive and File; Approve 25. Signed Contracts Ostrom Painting & Sandblasting, Inc Suggested Disposition: Receive and for 2024 Pavement Marking Project File ITEMS SET FOR PUBLIC HEARING 1. Initiate Public Improvement Bidding Process and Set Public Hearing Jefferson Park Retaining Wail Project City Manager recommending to preliminary approval of the construction plans and specifications, adopt the resolution, initiate the bidding process, set the public hearing for July 15, 2024, and advertise bids for the Jefferson Park Retaining Wall Replacement Project. RESOLUTION Setting a Public Hearing for the Jefferson Park Retaining Wall Project Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for July 15, 2024 2. Locust Street Parking Ramp Repairs Project - Initiate Public Bidding Process and Setting Date for Public Hearing Project City Manager recommending to authorize the public bidding process and set a public hearing for July 15, 2024, and to approve the plans, specifications, form of contract, and estimated cost of $250,000.00 for the Locust Street Parking Ramp Repairs Project through the adoption of the attached resolution. RESOLUTION Locust Street Parking Ramp Repairs 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; and ordering the advertisement for bids Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for July 15, 2024 3. Resolution of Necessity for the Proposed Urban Renewal Plan for the Mount Pleasant Place Housing Urban Renewal Area City Manager recommending adoption of a Resolution of Necessity that: 1) finds that a proposed Urban Renewal Plan ("Plan") for the Mount Pleasant Place Housing Urban Renewal Area is both necessary and appropriate; and 2) sets a public hearing on the proposed Plan for August 5, 2024. RESOLUTION of Necessity Finding that Certain Property in and Near Mount Pleasant Place Subdivision is an Economic Development Area and that the Development of said area is Necessary in the Interest of the Residents of the City of Dubuque, Iowa, and Setting a Date for Hearing on a Proposed Urban Renewal Plan For Said District Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for August 5, 2024 c �V� J/ rs J tje��c.� JFr-\f r a 5 fO' n j, 51 BOARDS/COMMISSIONS 1. Boards and Commission Appointments Appointments to the following commissions to be made at this meeting. Arts and Cultural Affairs Advisory Commission One, 3-Year term through June 30, 2027 (Expiring Business Professional term of Chesney) Applicants: Georgina Guerrero, 245 Princeton Pl. - Application pulled by applicant Fraco Menchaca, 2685 Raven Oaks Nikkole Nutter, 305 Clarke Dr. Georgina N , ICi;�k Guerrero �W llrr 'Fraco Menchaca Resnick Cavanagh Roussell X Jones ' Wethal Farber X Sprank ,` Georgina Gu re�r`ero Fraco Menchaca Resnick Cavanagh Roussell Jones Wethal Farber Sprank Board of Library Trustees One, 4-Year term through July 1, 2028 (Expiring term of Monk) Applicant: Christina Monk, 2770 Van Buren St. Yas, Nas Resnick Cavanagh Roussell Jones Wethal Farber Sprank Cable Television Commission One, 3-Year term through July 1, 2027 (Expiring term of Tigges) Applicant: Jennifer Tigges, 4927 Wild Flower Dr. Yay,s Nays Resnick Cavanagh Roussell Jones Wethal Farber Sprank Civic Center Advisory Commission Two, 3-Year terms through June 29, 2027 (Expiring terms of Jacobs and Parks) Applicants: Pamela Birch, 1910 Amelia Dr. Bryce Parks, 2770 Van Buren St. Rrgcf P�'r K6 Yas Nays Resnick Cavanagh Roussell Jones Wethal Farber Sprank Yas Nays Resnick Cavanagh Roussell Jones Wethal Farber Sprank Equity and Human Rights Commission Two, 3-Year terms through January 1, 2027 (Expired terms of Heiar and Link) One, 3-Year term through January 1, 2025 (Vacant term of Anderson) Applicants: Rick Baumhover, 601 Garfield Ave. David Heiar, 805 Carriage Hill Dr. Nikkole Nutter, 305 Clarke Dr, Ashley Regan, 1100 N. Booth St. Luzelena Bravos, 781 Cottage PI. - Additional Applicant T� n l a0Q ! Jy. Rick Baumhover David Heiar Nikkole Nutter Ashley Regan Luzelena Bravo Resnick Cavanagh Roussell Jones Wethal Farber Sprank Jan, �° `'� Rick Baumhover David Heiar Nikkole) \Nutter ' Ashley Regan Luzelena Bravo Resnick Cavanagh Roussell Jones Wethal Farber Sprank u (Rick I I Baumhover' David Heiar Nikkole Nutter Ashley Regan Luzelena Bravo Resnick Cavanagh Roussell Jones Wethal Farber k Sprank Historic Preservation Commission One, 3-Year term through July 1, 2027 (Expiring term of Gau) Applicant: Tim Gau, 2529 Windsor Ave. Yap Nays Resnick Cavanagh Roussell Jones f, Wethal Farber S rank Housing Appeals and Mediation Board One, 3-Year term through January 1, 2027 (Vacant term of Spence) Applicant: January Tylor, 2828 Jackson St. - Yas Nays Resnick Cavanagh Roussell Jones Wethal Farber S rank yes Yf-\YS Investment Oversight Advisory Commission One, 3-Year term through July 1, 2027 (Expiring term of Valaskey) Applicant: Molly Valaskey, 1385 Alta Vista St. Yay,sNa s Resnick Cavanagh a Roussell Jones } Wethal Farber Sprank 0 Long Range Planning Advisory Commission One, 3-Year term through July 1, 2027 (Expiring term of Stoffel) Applicant: Aaron Miller, 75 Fremont Ave. Ya Nays Resnick Cavanagh Roussell Jones Wethal Farber S rank Park and Recreation Advisory Commission One, 3-Year term through June 30, 2027 (Expiring term of Tigges) Applicants: Tyler Dahlstrom, 1085 Vernon St. Jennifer Tigges, 4927 Wild Flower Dr. ,) i Yas Nays Resnick Cavanagh Roussell Jones Wethal ,, Farber S rank Zoning Advisory Commission One, 3-Year term through July 1, 2027 (Expiring term of Russell) Applicant: Rich Russell, 2045 Embassy Way Dr. Ya§ Nays Resnick Cavanagh Roussell Jones Wethal i Farber Sprank 0 Airport Zoning Commission One Cross Representative whose term will coincide with their term on the cross represented board or commission (Vacant Cross Representative Member term of Russell) Applicant: Rich Russell, 2045 Embassy Way Dr. Yas Nays Resnick Cavanagh Roussell Jones Wethal Farber S rank PUBLIC INPUT ACTION ITEMS 1. New Dubuque Developer's Guide Available City Manager sharing a Dubuque Developer's Guide publication and webpage to provide a comprehensive outline for all aspects of development projects in the City of Dubuque. Suggested Disposition: Receive, file and approve; Presentation Ya $ Nays Resnick Cavanagh Roussel] ,Jones Wethal j Farber Sprank X 2. Dubuque Awarded $25 million Federal RAISE Infrastructure Grant to Build Railroad Overpass at 14th Street City Manager providing a copy of a press release announcing the City of Dubuque has been awarded a $25 million Rebuilding American infrastructure with Sustainability and Equity (RAISE) Infrastructure Implementation Grant from the U.S. Department of Transportation for a major, multi -phase infrastructure project in downtown Dubuque. Suggested Disposition: Receive and File Ya ,s Nays Resnick Cavanagh Roussell Jones Wethal VtFarber S rank 10 3. Repeal of the Dubuque Historic Building Code City Manager recommending to approve the repeal of the Dubuque Historic Building Code (HBC), Title 14, Chapter 5 of the City of Dubuque, IA, Code of Ordinances. ORDINANCE Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 5 Historic Buildings Suggested Disposition- Receive and File; Motion B; Motion A Suspend the Readin s Yayp Nays Resnick Cavanagh Roussell Jones Wethal a Farber Sprank Final Reading and Ado t Yas Nays Resnick Cavanagh Roussell Jones Wethal Farber Sprank 11 4. Ordinance Amendment: Abutting Property Owner Liability for Defective Sidewalks City Manager recommending to adopt an amendment to correctly state Iowa law for Ordinance Section 10-1-2: Sidewalk Installation and Repair deleting liability of the abutting property owner for failure to repair sidewalks. ORDINANCE Amending City of Dubuque Code of Ordinances Section 10-1-2: Sidewalk Installation and Repair Deleting Liability of the Abutting Property Owner for Failure to Repair Sidewalks Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readin s Yay,s Nays Resnick A Cavanagh Roussell Jones Wethal Farber Sprank Final Reading and Ado t Yas Nays Resnick Cavanagh Roussell Jones Wethal Farber S rank `m 5. Remedy for Fire Department Manager/Administration Wage Compression City Manager recommending the approval of salary percentage increases effective July 1, 2024, in order to remedy the wage/salary compression that would exist for the management/administration ranks of Assistant Fire Chief/Division Chief/Bureau Chief, Deputy Fire Chief, and Fire Chief related to the percentage wage increases provided to union - represented Fire ranks per the CBA effective on July 1, 2024. Suggested Disposition: Receive and File; Approve Yayq Nays Resnick Cavanagh Roussel] Jones Wethal Farber Sprank 13 COUNCIL MEMBER REPORTS C-, CLOD SE SESSION Purchase or Sale of Real Estate — Chapter 21.5(1)(j) Code of Iowa Motion for closed session @ 7 w p.m. Mayor Cavanagh stated for the record that the attorney who will consult with City Council on the issues to be discussed in the closed session is G Yas Nays Resnick Cavanagh Roussell Jones Wethal Farber S rank Reconvene in open session @.lC p.m. ADJOURNMENT @ ? ' i rj p.m. 14 I S ,,, o l< h a4zll� 04~ r X2. / A4 lie 1107 cArsc9,,,t a ��c'i �"t,�< �,✓ � A." r) _j_ Ac1�n q Ye, Ay � [ �Py ,fin ifAIJ I ZL"P- �-O� Xe AV !�✓�^ �,�,141 ,�- � _ � � .� is a�