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Proof_City Council Proceedings 07.01.24City of Dubuque City Council Meeting ITEM TITLE: SUMMARY: SUGGESTED DISPOSITION: Copyrighted August 5, 2024 Consent Items # 01. Minutes and Reports Submitted City Council Proceedings of July 15, 2024; Civil Service Commission of July 10, 2024; Community Development Advisory Commission of June 26, 2024; Historic Preservation Commission of April 18, 2024 and June 20, 2024; Housing Commission of January 23, 2024; Library Board of Trustees Update of June 27, 2024; Long Range Planning Advisory Commission of February 21, 2024; Zoning Board of Adjustment of June 27, 2024; Proof of Publication for City Council Proceedings of July 1, 2024. Suggested Disposition: Receive and File ATTACHMENTS: Description City Council Proceedings of 7/15/24 Civil Service Commission of 7/10/24 Housing Commission of 1/23/24 Historic Preservation Commission Minutes of 4/18/24 Historic Preservation Commission Minutes of 6/20/24 Community Development Advisory Commission of 6/26/24 Library Board of Trustees Update of 6/27/24 Long Range Planning Advisory Commission Minutes of Supporting 2/21/24 Zoning Board of Adjustment of 7/27/24 Proof of Publication for City Council Proceedings of 7/ 1 /24 Type Supporting Supporting Supporting Supporting Supporting Supporting Supporting Supporting Supporting Documentation Documentation Documentation Documentation Documentation Documentation Documentation Documentation Documentation Documentation STATE 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: 07/10/2024 and for which the charge is 419.52 Q Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this loth day of July, 2024 Notary Pu in and for Dubuque County, Iowa. JANET K. PAPE Commission Number 199659 My Commission Expires 12/11/2025 Ad text : CITY 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, 350 W. 6th Street. Present: Mayor Cavanagh; Council Members Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen (attended virtually and joined at 5:34 p.m.), City Attorney Brumwell. 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 Traffic Engineer Justine Hull introduced Bolton & Menk, Inc. Senior Traffic Engineer Jennifer McCoy and Senior Urban Designer Andrew Dresdner who presented on stakeholder outreach, vision/goals, existing conditions results and concepts that are being considered for the Central Avenue and White Street corridor. In response to a City Council question, Ms. McCoy stated that a pop-up open house is scheduled for an upcoming Dubuque Farmers Market, with a traditional open house planned for the fall. Ms. McCoy further stated that three alternate parking plans will be developed for analysis and various design elements will be considered to encourage drivers to reduce speeds. Mr. Dresdner summarized input provided by trucking companies and potential parking options. City Council Members stressed that no decisions have been finalized and that discussions will continue. Concerns about parking availability and location, crash data, and crime perceptions were also expressed. There being no further business, Mayor Cavanagh declared the meeting adjourned at 6:23 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 July 1, 2024, 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 (attended virtually), 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. PLEDGE OF ALLEGIANCE CONSENT ITEMS Council Member Jones requested Item No. 23 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. 23. Seconded by Farber. Motion carried 7-0. 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. Upon motion the documents were received and filed. 2. Approval of City Expenditures: Upon motion the documents were received and filed, and Resolution No. 207-24 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. 3. FY 2025 Arts & Culture Operating Support & Capacity Building Grants Funding Recommendation: Upon motion the documents were received, filed, and concurred. 4. Approving Fund Transfers for Capital Projects and Other Expense Reimbursements in Fiscal Year 2024 Period 13: Upon motion the documents were received and filed, and Resolution No. 208-24 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 was adopted. 5. Multicultural Family Center Board Receives Iowa Governors Volunteer Award: Upon motion the documents were received and filed. 6. Seippel Road Water Main Lowering Project Award: Upon motion the documents were received and filed, and Resolution No. 209-24 Awarding Public Improvement Contract for the Seippel Road Water Main Lowering Project was adopted. 7. Walmart, Inc. and Wal-Mart Real Estate Business Trust 2023 Property Tax Appeal Stipulation of Settlement Approval: Senior Counsel recommended 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. Upon motion the documents were received, filed, and approved. 8. Walmart, Inc. and Sam's Real Estate Business Trust 2023 Property Tax Appeal Stipulation of Settlement Approval: Senior Counsel recommended 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. Upon motion the documents were received, filed, and approved. 9. J & M Fireworks Permit Request: City Manager recommended approval of a Fireworks Permit for a private fireworks display at Dubuque Golf and Country Club on July 12, 2024. Upon motion the documents were received, filed, and approved. 10. Q Casino and Beartooth Fireworks Permit Request: City Manager recommended approval of a Pyrotechnics Permit to use pyrotechnics at the Beartooth music performance at the Q Casino on July 18, 2024. Upon motion the documents were received, filed, and approved. 11. Letter of Support for Crescent Community Health Center: City Manager provided a copy of a letter of support on behalf of the City of Dubuque in support of the Crescent Community Health Centers (Crescents) proposal for the HRSA grant opportunity for Expanded Hours. Upon motion the documents were received, filed, and approved. 12. Approve FY25 Four Mounds Foundation Community Development Block Grant Agreement: Upon motion the documents were received, filed, and approved. 3. Resolution of Necessity for the Proposed Urban Renewal Plan for the Mount Pleasant Place Housing Urban Renewal Area: Upon motion the documents were received and filed and Resolution No. 220-24 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 was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 5, 2024 in the Historic Federal Building. BOARDS/COMMISSIONS Appointments were made to the following boards/commissions. 1. Arts and Cultural Affairs Advisory Commission: One, 3-Year term through June 30, 2027 (Expiring Business Professional term of Chesney). Applicants: Fraco Menchaca, 2685 Raven Oaks; and Nikkole Nutter, 305 Clarke Dr. Upon roll call vote, Mr. Menchaca was appointed to the three-year term through June 30, 2027. Ms. Nutter received 2 votes (Resnick and Jones), and Mr. Menchaca received the remaining 5 votes. 2. Board of Library Trustees: One, 4-Year term through July 1, 2028 (Expiring term of Monk). Applicant: Christina Monk, 2770 Van Buren St. Motion by Jones to appoint Ms. Monk to the four-year term through July 1, 2028. Seconded by Farber. Motion carried 7-0. 3. Cable Television Commission: One, 3-Year term through July 1, 2027 (Expiring term of Tigges). Applicant: Jennifer Tigges, 4927 Wild Flower Dr. Motion by Roussell to appoint Ms. Tigges to the three-year term through July 1, 2027. Seconded by Wethal. Motion carried 7-0. 4. Civic Center Advisory Commission: Two, 3-Year terms through June 29, 2027 (Expiring terms of Jacobs and Parks). Applicants: Pamela Birch, 1910 Amelia Dr.; and Bryce Parks, 2770 Van Buren St. Motion by Jones to appoint Mr. Parks to the three-year term through June 29, 2027. Seconded by Wethal. Motion carried 7-0. No motion was made for the second term. 5. Equity and Human Rights Commission: Two, 3-Year terms through January 1, 2027 (Expired terms of Heiar and Link) and one, 3-Year term through January I, 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.; and Luzelena Bravo, 781 Cottage Pl. - Additional Applicant. Upon roll call vote, Mr. Heiar and Ms. Nutter were appointed to the two 3-year terms through January 1, 2027. Mr. Heiar received all 7 votes for the first term. For the second term, Ms. Nutter received 3 votes (Resnick, Jones, and Farber), with Mr. Baumhover receiving 2 votes (Cavanagh and Sprank) and Ms. Bravo receiving the remaining 2 votes. Upon roll call vote, Mr. Baumhover was appointed to the 3-year term through January 1, 2025. Ms. Bravo received 2 votes (Roussell and Farber), and Mr. Baumhover received the remaining 5 votes. 6. Historic Preservation Commission: One, 3-Year term through July 1, 2027 (Expiring term of Gau). Applicant: Tim Gau, 2529 Windsor Ave. Motion by Sprank to appoint Mr. Gau to the three-year term through July 1, 2027. Seconded by Roussell. Motion carried 7-0. 7. Housing Appeals and Mediation Board: One, 3-Year term through January 1, 2027 (Vacant term of Spence). Applicant: January Tylor, 2828 Jackson St. Motion by Sprank to appoint Ms. Tylor to the three-year term through January 1, 2027. The motion failed due to lack of a second. 8. Investment Oversight Advisory Commission: One, 3-Year term through July 1, 2027 (Expiring term of Valaskey). Applicant: Molly Valaskey, 1385 Alta Vista St. Motion by Wethal to appoint Ms. Valaskey to the three-year term through July 1, 2027. Seconded by Roussell. Motion carried 7-0. 9. Long Range Planning Advisory Commission: One, 3-Year term through July 1, 2027 (Expiring term of Stoffel). Applicant: Aaron Miller, 75 Fremont Ave. Motion by Jones to appoint Mr. Miller to the three-year term through July 1, 2027. Seconded by Farber. Motion carried 7-0. 10. Park and Recreation Advisory Commission: One, 3-Year term through June 30, 2027 (Expiring term of Tigges). Applicants: Tyler Dahlstrom, 1085 Vernon St.; and Jennifer Tigges, 4927 Wild Flower Dr. Upon roll call vote, Ms. Tigges was appointed to the three-year term through June 30, 2027. Mr. Dahlstrom received 1 vote (Roussell), and Ms. Tigges received the remaining 6 votes. 11. Zoning Advisory Commission: One, 3-Year term through July 1, 2027 (Expiring term of Russell). Applicant: Rich Russell, 2045 Embassy Way Dr. Motion by Roussell to appoint Mr. Russell to the three-year term through July 1, 2027. Seconded by Wethal. Motion carried 7-0. 12. 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. Motion by Wethal to appoint Mr. Russell to the three-year term to coincide with his term on the Zoning Advisory Commission. Seconded by Roussell. Motion carried 7-0. Following the conclusion of board and commission appointments, City Council Members emphasized the significance of applicants reaching out to the City Council to articulate their interest in serving. Applicants can either address the City Council during the board and commission applicant review segment of the council meeting or submit written correspondence. ACTION ITEMS 1. New Dubuque Developers Guide Available: Motion by Roussell to receive and file the documents, approve the Dubuque Developers Guide publication and webpage, and listen to the presentation. Seconded by Sprank. Public Information Officer Randy Gehl presented on the Dubuque Developers Guide publication and webpage. City Council Members commended the publication and webpage for illustrating how the city acts on feedback. Motion carried 7-0. 2. Dubuque Awarded $25 million Federal RAISE Infrastructure Grant to Build Railroad Overpass at 14th Street: Motion by Resnick to receive and file the documents. Seconded by Sprank. City Council Members expressed enthusiasm for receiving the grant and thanked the various partners involved. Motion carried 7-0. 3. Repeal of the Dubuque Historic Building 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. In response to questions from the City Council, Housing and Community Development Director Alexis Steger and City Attorney Brumwell stated that existing building codes still apply to structures, while current codes would apply to alterations. Ms. Steger confirmed that the repeal of the historic building code will eliminate code duplication, reducing confusion for contractors and property owners. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 42-24 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 5 Historic Buildings. Seconded by Farber. Motion carried 7-0. 4. Ordinance Amendment: Abutting Property Owner Liability for Defective Sidewalks: 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 Wethal. In response to questions from the City Council, City Attorney Brumwell summarized the city's potential liability after issuing notices for property owners to repair sidewalk defects and explained how the city identifies defects. Motion carried 7-0. Motion by Roussell for final consideration and passage of Ordinance No. 43-24 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. Seconded by Wethal. Motion carried 7-0. 5. Remedy for Fire Department Manager/Administration Wage Compression: Motion by Jones to receive and file the documents and approve the salary percentage increases effective July I, 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. Seconded by Wethal. City Council Members expressed support for the salary increases and thanked all involved parties for their efforts. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Resnick reported that the Federal RAISE Infrastructure Grant will fund a bike trail and emphasized the importance of bike trails for local tourism. Council Member Roussell reported on meeting with representatives from Japan as part of her role on the Dubuque Main Street Board of Directors. Council Member Wethal reported on meetings with Dubuque Community Schools and Holy Family Catholic Schools as part of her partnership with the Community Foundation of Greater Dubuque to promote school safety. Ms. Wethal announced that a community conversation for educators was scheduled for July 9, 2024. Council Member Jones reminded residents that operating fireworks within city limits is illegal and encouraged them to leave fireworks and animals at home when attending public fireworks displays. Mayor Cavanagh reported on attending the United States Conference of Mayors Annual Meeting. CLOSED SESSION Motion by Jones to convene in closed session at 7:42 p.m. to discuss Purchase or Sale of Real Estate Chapter 21.5(I)(j) Code of Iowa. Seconded by Roussell. 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 City Attorney Brumwell. Motion carried 7-0. The City Council reconvened in open session at 8:10 p.m. stating that staff had been given proper direction. ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 8:10 p.m. /s/Adrienne N. Breitfelder, CMC City Clerk 1t7/10