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9 4 18 City Council Proceendings Official_Regular1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:00 p.m. on September 4, 2018 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Del Toro, Jones, Larson, Resnick, Shaw; City Manager Van Milligen, City Attorney Brumwell Absent: Council Member Rios Mayor Buol 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 SWEARING IN 1. Mayor Buol administered the Oath of Office to Mayor Pro Tem Luis Del Toro for the term September 1, 2018 through April 30, 2019. Mayor Buol thanked Council Member Resnick for his service as Mayor Pro Tem. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Shaw. Motion carried 6 -0. 1. Minutes and Reports Submitted: City Council Proceedings for 8/20; Community De- velopment Advisory Commission of 8/15; Library Board of Trustees of 6/28; Library Board of Trustees Council Update #174 of 8/24; Proof of Publication for City Council proceed- ings of 7/16, 8/6, 8/8, 8/14; Proof of Publication for List of Claims and Summary of Reve- nues for Month Ending 7/31. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: William Baum for vehicle damage; Hertz Rent-a-Car for vehicle damage; Adam Jordan for vehicle damage; Lynn McCormick/Partners Mutual In- surance for vehicle damage; Melvin Moss for vehicle damage; Jeremy Noel for property damage; Marilyn Thoma for vehicle damage. Upon motion the documents were received, filed, and referred to the 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 As- surance Pool: Melvin Moss for vehicle damage. Hertz Rent -a-Car for vehicle damage; Adam Jordan for vehicle damage; Lynn McCormick/Partners Mutual Insurance for vehicle 2 damage; Melvin Moss for vehicle damage; Jeremy Noel for property damage; and Marilyn Thoma for vehicle damage. Upon motion the documents were received, filed, and con- curred. 4. Approval of City Expenditures: City Manager recommending Council approval for payment of City expenditures. Upon motion the documents were received, filed and ap- proved. 5. Contracted Service Agreement - Washington Tool Library for Fiscal Year 2019: City Manager recommending execution of the Fiscal Year 2019 Contracted Service Agree- ment with the Washington Tool Library. Upon motion the documents were received, filed and approved. 6. Iowa Greyhound Association Lease Amendment : City Manager recommending ap- proval of an Amendment to the Lease Agreement with Iowa Greyhound Association that provides for a five-year term commencing January 1, 2020. Upon motion the documents were received and filed, and Resolution No. 257-18 Approving an Amendment to Lease Agreement between the City of Dubuque, Iowa and Iowa Greyhound Association was adopted. RESOLUTION NO. 257-18 APPROVING AN AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND IOWA GREYHOUND ASSOCIATION Whereas, the City of Dubuque, Iowa and Iowa Greyhound Association entered into a Lease Agreement dated for reference purposes the 17 th day of November, 2014; and Whereas, in Section 1.1(1) of the Lease Agreement, the parties agreed to an Initial Term of five years commencing on the first day of Janua ry, 2015 and ending on the 31st day of December, 2019; and Whereas, in Section 1.1(2) of the Lease Agreement, the parties agreed to annual rent of $1.00 per year on January 1, 2015 and on the first day of January of each year there- after during the Initial Term; and Whereas, Section 1.2 of the Lease Agreement provided Lessee with a single option to renew the Lease for an additional five years commencing on the 1 st day of January, 2020; and Whereas, the parties wish to now provide Lessee an option to terminate the Lease; and Whereas, the parties now agree to amend the Lease Agreement as set forth in the attached Amendment to Lease Agreement; and Whereas, the City Council believes it is in the best interests of the City of Dubuque to approve the Amendment to Lease Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The Amendment to Lease Agreement between the City of Dubuque and Iowa Greyhound Association attached hereto is hereby approved. 3 Passed, approved and adopted this 4th day of September 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 7. 2018 Asphalt Overlay Access Ramp Project One Acceptance: City Manager recom- mending acceptance of the construction contract for the 2018 Asphalt Overlay Access Ramp Project One, as completed by D & D Superior Concrete, LLC. Upon motion the documents were received and filed, and Resolution No. 258-18 Accepting the 2018 As- phalt Overlay Access Ramp Project one and authorizing the payment to the contractor was adopted. RESOLUTION NO. 258-18 ACCEPTING THE 2018 ASPHALT OVERLAY ACCESS RAMP PROJECT ONE AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the 2018 Asphalt Overlay Access Ramp Project One, (the Project) has been completed by the Contractor, D & D Superior Con- crete LLC (Contractor), the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $76,994.17; and Whereas, the Contractor has previously been paid $73,144.46, leaving a balance of $3,849.71; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved, and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $3,849.71 as provided in Iowa Code chapter 573, and to pay such retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved and adopted this 4th day of September 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE 2018 ASPHALT OVERLAY ACCESS RAMP PROJECT ONE The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 2018 Asphalt Overlay Access Ramp Project One, and that said Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $84,385.71. Dated this 30th day of August, 2018. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 30th day of August, 2018. /s/Kevin S. Firnstahl, City Clerk 4 8. 2018 Asphalt Overlay Access Ramp Project Two Acceptance : City Manager recom- mending acceptance of the construction contract for the 2018 Asphalt Overlay Access Ramp Project Two, as completed by Midwest Concrete, Inc. Upon motion the documents were received and filed, and Resolution No. 259-18 Accepting the 2018 Asphalt Overlay Access Ramp Project Two and authorizing the payment to the contractor was adopted. RESOLUTION NO. 259-18 ACCEPTING THE 2018 ASPH ALT OVERLAY ACCESS RAMP PROJECT TWO AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the 2018 Asphalt Overlay Access Ramp Project Two, (the Project) has been completed by the Contractor, Midwest Concrete, Inc (Contractor), the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $138,711.39; and Whereas, the Contractor has previously been paid $131,775.82, leaving a balance of $6,935.57; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved , and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $6,935.57 as provided in Iowa Code chapter 573, and to pay such retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved and adopted this 4th day of September 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF 2018 ASPHALT OVERLAY ACCESS RAMP PROJECT TWO The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 2018 Asphalt Overlay Access Ramp Project Two, and that said Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $146,102.93 Dated this 30th day of August, 2018. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 30th day of August, 2018. /s/Kevin S. Firnstahl, City Clerk 9. Twin Ridge Lift Station Abandonment Project Award: City Manager recommending award of the construction contract for the Twin Ridge Lift Station Abandonment Project to the low bidder Gansen Excavating, Inc. Upon motion the documents were received and filed, and Resolution No. 260-18 Awarding Public Improvement Project for the Twin Ridge Lift Station Abandonment Project was adopted. 5 RESOLUTION NO. 260-18 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE TWIN RIDGE LIFT STA- TION ABANDONMENT PROJECT Whereas, sealed proposals have been submitted by contractors for the Twin Ridge Lift Station Abandonment project, (the Project) pursuant to Resolution No. 234-18 and Notice to Bidders published on the City of Dubuque, Iowa website and plan room service with statewide circulation on the 8th day of August 2018; and Whereas, said sealed proposals were opened and read on the 23rd day of August 2018 and it has been determined that Gansen Excavating, Inc. of Dubuque, Iowa, sub- mitted the low bid amount of $105,976.17, and is the lowest responsive, responsible bid- der for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Gansen Ex- cavating, Inc and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, adopted and approved this 4th day of September 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 10. Accepting Grant of Storm Sewer Easement from SPT Real Estate LLC / 602 Peru Road: City Manager recommending acceptance of a Grant of Easement from SPT Real Estate LLC for Storm Sewer across Parts of Lot 1 and Lot 2 of Haberkorn Place as part of a private parking lot improvements project at 602 Peru Road. Upon motion the docu- ments were received and filed, and Resolution No. 261-18 Accepting a Grant of Ease- ment for storm sewer through, under and across parts of Lot 1 and Lot 2 of Haberkorn Place, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 261-18 ACCEPTING A GRANT OF EASEMENT FOR STORM SEWER THROUGH, UNDER AND ACROSS PARTS OF LOT 1 AND LOT 2 OF HABERKORN PLACE, IN THE CITY OF DUBUQUE, IOWA Whereas, SPT Real Estate, LLC has executed a Grant Easement for Storm Sewer through, under and across Parts of Lot 1 and Lot 2 of Haberkorn Place, in the City of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grant of Easement for Storm Sewer through, under and across Parts of Lot 1 and Lot 2 of Haberkorn Place, in the City of Dubuque, Iowa, from SPT Real Estate, LLC a copy of which is attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. 6 Passed, approved and adopted this 4th day of September 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 11. Bee Branch Railroad Culverts Project, Easement Acquisitions, Setting Fair Market Value, Resolution Amendments: City Manager recommending approval to amend previ- ously adopted resolutions establishing the fair market value of certain permanent and temporary easements to be acquired through real property owned by HWY 151 & 61 Development, LLC at East 16th Street and certain permanent and temporary easements to be acquired through real property owned by Canadian Pacific Railway at 506 Garfield Avenue. Upon motion the documents were received and filed, and Resolution No. 262- 18 Amending Resolution No. 228-18 Establishing the fair market value and authorizing the acquisition by Eminent Domain of easements through certain real property owned by HWY 151 & 61 Development, LLC in the City of Dubuque, Iowa by changing the title to Easement Exhibit B to “Temporary Easement Exhibit B ;” and Resolution No. 263-18 Amending Resolution No. 231-18 Establishing the fair market value and authorizing the acquisition by Eminent Domain of easements through certain real property owned by Ca- nadian Pacific Railway in the City of Dubuque, Iowa by changing the title to Easement Exhibit B to “Permanent Easement Exhibit B” and adding a reference to Temporary Ease- ment Exhibit E were adopted. RESOLUTION NO. 262-18 AMENDING RESOLUTION NO. 228-18 ESTABLISHING THE FAIR MARKET VALUE AND AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN OF EASEMENTS THROUGH CERTAIN REAL PROPERTY OWNED BY HWY 151 & 61 DEVELOPMENT, LLC IN THE CITY OF DUBUQUE, IOWA BY CHANGING THE TITLE TO EASEMENT EXHIBIT B TO “TEMPORARY EASEMENT EXHIBIT B” Whereas, on August 6, 2018, the City Council adopted Resolution No. 228 -18 incor- rectly identifying the acquisition of easements described in “Permanent Easement Exhibit B” instead of “Temporary Easement Exhibit B.” NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the reference to “Permanent Easement Exhibit B” in Resolution No. 228 -18 is amended, nunc pro tunc, to read “Temporary Easement Exhibit B.” Passed, approved and adopted this 4th day of September 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 263-18 AMENDING RESOLUTION NO. 231-18 ESTABLISHING THE FAIR MARKET VALUE AND AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN OF EASEMENTS THROUGH CERTAIN REAL PROPERTY OWNED BY CANADIAN PACIFIC RAILWAY IN THE CITY OF DUBUQUE, IOWA BY CHANGING THE TITLE TO EASEMENT EX- HIBIT B TO “PERMANENT EASEMENT EXHIBIT B” AND ADDING A REFERENCE TO TEMPORARY EASEMENT EXHIBIT E 7 Whereas, on August 6, 2018, the City Council adopted Resolution No. 231 -18 incor- rectly identifying the acquisition of an easement described in “Temporary Eas ement Ex- hibit B” instead of “Permanent Easement Exhibit B;” and Whereas, Resolution No. 231-18 omitted a reference to “Temporary Easement Exhibit E.” NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That all references to “Temporary Easement Exhibit B” in Resolution No. 231-18 are amended, nunc pro tunc, to read “Permanent Easement Exhibit B.” Section 2. That the reference to “Temporary Easement Exhibits C and D” is amended, nunc pro tunc, to read “Temporary Easement Exhibits C, D, and E.” Passed, approved and adopted this 4th day of September 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 12. Contracted Service Agreement - Hills and Dales Senior Center Lifetime Program for Fiscal Year 2019: City Manager recommending execution of the Fiscal Year 2019 Contracted Service Agreement with Hills and Dales Senior Center Lifetime Program. Upon motion the documents were received, filed, and approved. 13. AmeriCorps Program Year 2018-2019 Grant Agreement: City Manager recom- mending approval of an agreement for AmeriCorps Partners in Learning Summer -Only Grant Continuation for Program Year 2018-2019 through the summer of 2019. Upon mo- tion the documents were received, filed, and approved. 14. 2018-19 AmeriCorps Partners in Learning Planning Grant Agreement Related to Health, Wellness and Environmental Stewardship: City Manager recommending approval of an AmeriCorps Partners in Learning Planning Grant Agreement for Program Year 2018-2019 related to health, wellness and environmental stewardship. Upon motion the documents were received, filed, and approved. 15. Mayor's Letter of Support to Senator Grassley Regarding Segal AmeriCorps Edu- cation Award: Letter of Support to Senator Chuck Grassley encouraging co-sponsorship of S.1042, legislation sponsored by Senators Johnny Isakson (R-GA) and Michael Bennet (D-CO) to provide tax relief for individuals who have earned a Segal AmeriCorps Educa- tion Award and use it to pay for college tuition, vocational school, or to pay down qualified student loan debt. Upon motion the documents were received and filed. 16. Crescent Community Health Center Letter of Support: City Manager recommend- ing approval to sign a Letter of Support for the Crescent Community Health Center’s Ser- vices Area Competition Grant to Health Resources and Services Administration. Upon motion the documents were received, filed, and approved. 8 17. Employee Changes to Support Family Self -Sufficiency Programming: City Man- ager recommending elimination of the Circles® Coach position and the creation of a Sec- tion 8 Caseworker position to ensure success of the Family Self -Sufficiency Program- ming. Upon motion the documents were received, filed and approved. 18. Fiber Optic Conduit Damage Claim Settlement with Tschiggf rie Excavating Co.: Senior Counsel recommending approval of a settlement offer regarding a claim that the City has made against Tschiggfrie Excavating Co., for damage to a fiber conduit and fiber optic cable at Hwy US 61 and Olde Davenport Road. Upon motion the documents were received, filed and approved. 19. Signed Contract(s): Second Amendment to the Farm Lease between the City of Dubuque and Carl Reiss and Anthony John Reiss. Upon motion the document was re- ceived and filed. 20. Improvement Contracts / Performance, Payment, and Maintenance Bonds: Mid- west Concrete for Veterans Park Pickleball Court Construction Project. Upon motion the document was received, filed, and approved. 21. Alcohol License Applications: City Manager recommending approval of annual beer, liquor and wine licenses as submitted. Upon motion the documents were received and filed, and Resolution No. 264-18 Approving applications for beer, liquor, and/or wine permits, 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 was adopted. RESOLUTION NO. 264-18 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQ- UOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and filed with the City Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the noted permit types to the following applica nts pending submission of the locally required documentation: Renewals Los Aztecas Mexican Restaurant 2700 Dodge St. Class C Liquor (Sunday) 9 National Mississippi River Museum & Aquarium 350 & 400 E. 3rd St. Class C Liquor, Class B Native Wine (Catering) (Outdoor) (Sunday) Ron's Discount Smokes & Bev. Cntr. # 1 3300 Asbury Rd. Class C Beer, Class B Native Wine (Sunday) Special Event(s) per Special Event Application Submittal Monks Kaffee Pub 373 Bluff St. Adding Outdoor Service Dubuque Main Street 1800 Central Ave. Class B Beer (Outdoor) (Sunday) Passed, approved, and adopted this 4th day of September 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Jones to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as pre scribed by law. Seconded by Resnick. Motion carried 6-0. 1. Tamarack Park Water Main Extension Project 2018 Initiate: City Manager recom- mending initiation of the public bidding procedure for the Tamarack Park Water Main Ex- tension Project 2018, and further recommends that a public hearing be set for September 17, 2018. Upon motion the documents were received and filed and Resolution No. 265- 18 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 6:00 p.m. on September 17, 2018 in the Historic Federal Build- ing. RESOLUTION NO. 265-18 WATER MAIN EXTENSION TO TAMARACK PARK PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPEC- IFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the Water Main Extension to Tamarack Park Project, in the estimated amount of $518,125 are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 17th day of September 2018, at 6:00 p.m. in the Historic Federal Building Council Chambers (second floor) 350 W. 6 th Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the pro- posed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the C ity of 10 Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or esti- mated cost of the Project. The Water Main Extension to Tamarack Park Project, is hereby ordered to be adver- tised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the im- provements herein provided, by publishing the attached Notice to Bidders to be published in the Master Builders of Iowa Plan Room, The Construction Update Network and posted on the City of Dubuque website at www.cityofdubuque.org/bids and which notice shall be published not less than thirteen but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 25th day of September 2018. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:00 p.m. on the 1st day of October 2018, in the Historic Federal Building Council Cham- bers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 4th day of September 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their appointment to the following Boards/Commissions. 1. Parks and Recreation Advisory Commission: One, 3-year term through June 30, 2019 (Vacant term of Lyness). Applicant: Robert McCoy, 265 Main St. Appointments were made to the following Commissions. 2. Airport Commission: Two, 4-year terms through July 1, 2022 (Expiring terms of Ac- cinelli and Blocker). Applicants: Robert Blocker, 880 Kane St.; Jennifer Chambers, 940 Kelly Ln.; Michael Phillips, 1029 Dunham Dr. Upon roll-call vote: Phillips = 0; Chambers = 6 (Shaw, Del Toro, Buol, Resnick, Larson, Jones); Blocker = 6 (Shaw, Del Toro, Buol, Resnick, Larson, Jones), Mr. Blocker and Ms. Chambers were appointed both to 4-year terms through July 1, 2022. 3. Housing Commission: One, 3-year term through August 17, 2021 (Vacant term of Fernandes), Applicants: Michelle Becwar, 2115 Coates St. (Additional Applicant); Anto- nino T. Erba, 1505 Fairview Pl.; Sam Wooden, 1135 Rosedale Ave. Upon roll-call vote, Becwar = 1 (Buol); Erba = 1 (Shaw); Wooden = 4 (Del Toro, Resnick, Larson, Jones), Mr. Wooden was appointed to a 3-year term through August 17, 2021. 11 4. Zoning Advisory Commission: One, 3-year term through July 1, 2021 (Expiring term of Russell), Applicant: Rich Russell, 2045 Embassy West Dr. Motion by Jones to appoint Mr. Russell to the 3-year term through July 1, 2021. Seconded by Resnick. Motion carried 6-0. PUBLIC HEARINGS 1. Intent to Dispose of an Interest in Real Property to Southwestco Wireless, Inc., d/b/a Verizon Wireless: Proof of publication for notice of public hearing to consider the disposi- tion of an interest in real property owned by the City of Dubuque by lease between the City of Dubuque, Iowa and Southwestco Wireless, Inc. d/b/a Verizon Wireless or pro- posed placement of a small cell and associated equipment in the public right -of-way at the northeast corner of the intersection of Embassy West Drive and Middle Road, and the City Manager recommending approval. Motion by Resnick to receive and file the docu- ments and adopt Resolution No. 266-18 Disposing of an interest in real property owned by the City of Dubuque by Lease Supplement between the City of Dubuque, Iowa and Southwestco Wireless, Inc. d/b/a Verizon Wireless. Seconded by Del Toro. Motion carried 6-0. RESOLUTION NO. 266-18 DISPOSING OF AN INTEREST IN REAL PROPERTY OWNED BY THE CITY OF DUBUQUE BY LEASE SUPPLEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND SOUTHWESTCO WIRELESS, INC. D/B/A VERIZON WIRELESS Whereas, the City of Dubuque City (City) and Southwestco Wireless, Inc. d/b/a Verizon Wireless (Verizon) entered into a Master Lease Agreement dated May 10, 2018 (the Agreement), which granted Verizon the right to lease certain City property for the pur- poses and subject to the conditions set forth in the Agreement; and Whereas, Verizon desires to lease a part of the City property as shown on Exhibit 1 (the Premises); and Whereas, City desires to lease the Premises to Verizon pursuant to the Lease Supple- ment, on file in the Office of the City Clerk; and Whereas, the City Council, by Resolution No. 251-18, dated August 20, 2018 declared its intent to dispose of City interest in Premises; and Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on August 20, 2018 at 6:00 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; and Whereas, the City Council has determined that it would be in the best interests of City to enter into the Lease Supplement and lease the Premises to Verizon. NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque approves Lease Supplement between City and Verizon and the lease of the Premises to Verizon. Section. The Mayor is authorized and directed to sign the Lease Supplement on behalf of the City of Dubuque. 12 Passed, approved and adopted this 4th day of September 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk PUBLIC INPUT Dan LoBianco, Executive Director at Dubuque Main Street and Michaela Freiburger, Program Specialist at Dubuque Main Street spoke regarding the upcoming event entitled “Build a Better Block.” The family-oriented event will be held in the 1800 block of Central Avenue, highlighting the potential of the area for busine ss, the arts, and community en- gagement. The event will feature pop-up shops, food and entertainment for children. ACTION ITEMS 1. America's River III Campaign: City Manager recommending Council approval of the America’s River III fundraising campaign and associated naming opportunities and giving levels. Assistant City Manager Teri Goodmann thanked Honorary Chair Persons Norma Denlinger, Gary Dolphin, and Sue Haf kemeyer for all their support, hard work and dedi- cation thus far in the fundraising campaign process. Gary Dolphin and Sue Haf kemeyer spoke thanking all involved in the fundraising campaign process. Randy Gehl, Public In- formation Officer, demonstrated how to use the America’s River III / Bee Branch Creek Restoration web page for naming opportunities and additional information on the project. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Resnick. Motion carried 6-0. 2. McFadden Farm Grading Phase I Project - Project Award: City Manager to recom- mend award of the McFadden Farm Grading Phase I Project. Documentation was distrib- uted at the meeting due to the timing of the bid opening at 2:00 p.m., September 4, 2018. Motion by Del Toro to receive and file the documents and adopt Resolution No. 267-18 Awarding Public Improvement Contract for the McFadden Farm Grading Phase I Project. Seconded by Jones. Motion carried 6-0. RESOLUTION NO. 267-18 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE DICW - MCFADDEN FARM GRADING PHASE I PROJECT Whereas, the City purchased 36.5 acres of property from McFadden properties, LLC (McFadden Farm). The McFadden farm is within the City’s current industrial park, along Chavenelle Road, is adjacent to existing developed industrial property and has City utili- ties available at its perimeter; and Whereas, Dubuque is under consideration by a company reviewing locations for a cor- porate expansion; and Whereas, to strengthen Dubuque’s bid for selection and to remain a viable option for the project, the Greater Dubuque Development Corporation and City staff are recom- mending an expedited plan to begin site preparation on City property in Dubuque Indus- trial Center West; and 13 Whereas, sealed proposals have been submitted by contractors for the DICW - McFad- den Farm Grading Phase I project, (the Project) pursuant to Resolution No. 239-18 and Notice to Bidders published on the City of Dubuque, Iowa website and plan room service with statewide circulation on the 22nd day of August 2018; and Whereas, said sealed proposals were opened and read on the 4 th day of September 2018 and it has been determined that Peterson Contractors Inc of Reinbeck, Iowa, sub- mitted low bid in the amount of $458,370.00, and is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Peterson Contractors Inc and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, adopted and approved this 4th day of September 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3. Millwork District Parking Lot #2 (Elm Street Parking Lot) - Project Award: City Man- ager recommending award of the construction contract for the Millwork District Parking Lot #2 Project to the low bidder Drew Cook & Sons Excavating, Co. Motion by Resnick to receive and file the documents and adopt Resolution No. 268-18 Awarding Public Im- provement Contract for the Millwork District Parking Lot #2 Project. Seconded by Jones. Motion carried 6-0. RESOLUTION NO. 268-18 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE MILLWORK DISTRICT PARKING LOT #2 PROJECT Whereas, sealed proposals have been submitted by contractors for the Mi llwork Dis- trict Parking Lot #2 project, (the Project) pursuant to Resolution No. 234 -18 and Notice to Bidders published on the City of Dubuque, Iowa website and plan room service with statewide circulation on the 8th day of August 2018; and Whereas, said sealed proposals were opened and read on the 23 rd day of August 2018 and it has been determined that Drew Cook and Sons Excavating, Inc. of Dubuque, Iowa, submitted low bid in the amount of $375,885.50, and is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Drew Cook and Sons Excavating, Inc and the City Manager is hereby directed to execute a Publ ic Improvement Contract on behalf of the City of Dubuque for the Project. Passed, adopted and approved this 4th day of September 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 14 4. Dubuque Main Street's Build a Better Block Event Map and Details: City Manager transmitting the event map and schedule details for Dubuque Main Street's Build a Better Block event September 14 through 23, 2018. Angela Wolfe Kelley, Senior Vice President of Heartland Financial USA, Inc. reiterated the information that Mr. LoBianco and Ms. Freiburger introduced during the Public Input section of the agenda. Motion by Larson to receive and file the documents. Seconded by Del Toro. Motion carried 6 -0. 5. Code of Ordinances Amendment - Title 9 Street Storage: City Manager recommend- ing approval of an amendment to the Street Storage Ordinance which requires vehicles be operational, registered, and licensed. Motion by Jones to receive and file the docu- ments 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 Resnick. Motion carried 6-0. Motion by Jones for final consideration and passage of Ordinance No. 30-18 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 15 Im- poundment of Vehicles, Division 3 Street Storage, Section 9-15-321.761 Definition. Se- conded by Resnick. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 30-18 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHI- CLES AND TRAFFIC, CHAPTER 15 IMPOUNDMENT OF VEHICLES, DIVISION 3 STREET STORAGE, SECTION 9-15-321.761 DEFINITION NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 9-15-321.761 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 9-15-321.761: DEFINITIONS: For the purpose of this chapter: “Move or moving” means a change in place or position by driving an opera- tional, running, and registered vehicle. Move or moving does not include pushing, pulling, dragging, trailering, or putting a vehicle in neutral to change its position or location. “Unattended motor vehicle” means an operable or non -operable vehicle which has remained in a stationary position on a public way for twenty-four (24) hours or more. Section 2. This Ordinance shall take effect upon publication. Passed, approved, and adopted this 4th day of September 2018. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 7th day of September 2018. /s/Kevin S. Firnstahl, City Clerk 15 6. Code of Ordinances Amendment - Title 6 Prohibited and Exempt Noises (2nd Read- ing): City Manager recommending approval of an update to the prohibited noises and exempt noises ordinances to update some terminology in the prohibited noises ordinance and add provisions and sections that further clarifying the use, prohibitions and exemp- tions of outdoor music or amplified noise. Motion by Jones to receive and file the docu- ments and that the requirement that the proposed ordinance be considered and voted on for passage at one Council meeting prior to the meeting at which it is to be passed be suspended. Seconded by Resnick. Motion failed 4-2 with Shaw and Buol voting Nay. Motion by Jones to pass the second reading of the proposed ordinances amending City of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation and Environ- ment, Chapter 5 Noises; and Section 6-5-1 Prohibited Noises and City of Dubuque Code of Ordinances Title 6, Health, Housing, Sanitation and Environment, Chapter 5 Noises, Section 6-5-3 Exempt Noises. Seconded by Resnick. Motion carried 4-2 with Shaw and Buol voting Nay. 7. SW Arterial Construction Update Video: Cable TV Division showed a video of the recent progress of the Southwest Arterial Project for August 2018. Motion by Resnick to receive and file the information. Seconded by Shaw. Motion carried 6 -0. COUNCIL MEMBER REPORTS Council Member Larson spoke regarding the storm damage from the September 2nd storm and that the City will be picking up debris. CLOSED SESSION Motion by Jones to convene in closed session at 7:17 p.m. to discuss pending litigation and real estate transfer negotiations pursuant to Chapter 21.5(1)(c), -(j) of the Code of Iowa. Seconded by Resnick. Motion carried 6-0. Mayor Buol 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 Crenna Brumwell. Upon motion, the City Council reconvened in open session at 7:48 p.m. stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 7:50 p.m. /s/Trish L. Gleason, CMC, Assistant City Clerk